By Leslie Ballard
Extra chairs were needed to seat the attendees at Monday’s City Council meeting interested in the Off-Road Vehicle (ORV) ordinance or the Special Use Permit for a Marijuana growing facility.
The meeting began Lori Antkoviak, Executive Director of Safe Harbor Children’s Advocacy Center, talking briefly about the work Safe Harbor has done for victims of child abuse since 1983. Mayor Delora Andrus read a proclamation declaring that the City of Allegan will observe April as Child Abuse Prevention Month in Allegan. “I urge all citizens to join me in dedicating their energies to cherishing Allegan children and helping them grow and develop free from physical, sexual, and emotional harm,” said Andrus.
ORV
The first reading of the ORV ordinance took place with City Manager Joel Dye reviewing the major points covered in the ordinance. The ORVs allowed would be 2, 3, and 4 wheelers except snow mobiles and farm equipment. Various Council members sought clarification about the specific types of vehicles allowed, and Dye stated that he will get the answers from various sources for the Council.
Council member Roger Bird expressed concern that the ordinance was even being discussed, recalling that the council was specific about not allowing ORVs on city streets when the golf cart ordinance was passed in Spring 2021. Andrus mentioned the factors that had changed since that discussion. The Council voted 5-2 to approve the first reading with Bird and Mike Zeter voting no.
The next step in the process will occur during a second reading and public heard for Ordinance 502 set for April 25, 2022. At that time, the Council will either adopt, not approve, or table the ordinance.
Public comment
Two people spoke during the Public Comment time. Scott Beltman, a strong supporter of the ORV ordinance, encouraged the Council to pass it and also mentioned that he would be running for County Commissioner for the 4th District.
Charles Trip spoke about the need for a city ordinance regarding smoking marijuana outdoors. He described a situation where residents had outdoor marijuana parties, which drove neighbors indoors due to the smell and caused one to move to another city which had an ordinance.
Requests
The Council approved a request from Plainwell Kayak Company (PKC) to rent kayaks once again at Hanson Park beginning Memorial Day weekend through August. Lois Heuchert from PKC indicated that rental hours would be on Friday and Saturday from 11:00 am to 6:00 pm and Sundays from 12:00 pm to 6:00 pm.
Financial
The Council approved accounts payable in the amount of $1,265,667.99 and payroll in the amount of $99,378.03 for a total disbursement of $1,365,046.02.
A public hearing was then scheduled for Monday, May 9, 2022 at 7:00 pm at City Hall, 231 Trowbridge Street, Allegan, Michigan, to hear comments regarding the proposed Fiscal Year 2023 City of Allegan Fiscal Budget. Copies of the proposed budget can be viewed online at www.cityofallegan.org. A hard copy of the proposed budget can be viewed at City Hall. The property tax millage rate, not to exceed 16.4884, is proposed to be levied to support the proposed budget and will be a subject of this hearing.
The Council accepted the Federal American Rescue Plan Act (ARPA) funds allocated to Allegan in the amount of $525,436 and assigned those funds to the Downtown Streetscape Improvement Project. The purpose of these funds is to provide resources for COVID19 response efforts, replace lost revenue, provide economic stabilization, and address systemic public health and economic challenges. City staff compared the eligible expenses of the program against the community needs and recommended that the funds be used for the Downtown Streetscape Improvement Project.
Doug Kadzban, Director of the Department of Public Works, requested that the City Council adopt a resolution authorizing Mayor Delora Andrus and the City Clerk to execute the amended contract with MDOT on behalf of the City for an amended contract for the Second Street Bridge Project, which would apply $27,000.00 that the City received through Federal Highway Infrastructure Program COVID funding last fall. This was unanimously approved.
Special Use Permit
At the last Council meeting the members voted 5-2 to table the request to approve a Special Use Permit for 845 Industrial Avenue for a Marijuana Growing Facility after lengthy discussions and public comment. Tabling the request allowed the applicant time to submit additional information regarding their proposed air filtration system to comply with the City of Allegan Zoning Ordinance Section 1707.33 B.10 “Marijuana businesses must control and eliminate odor.”
Council member Dave Redding described his concerns about the Council’s responsibility regarding the ordinance and whether clear checklists and consistency of process are in place. Dye responded with a description of the process and because the checklists Redding mentioned are in the ordinance, that provides the Council with protection through the existing ordinance. Dye also mentioned that no complaints about emissions have been made against Green Door or Timber.
Andrus shared some research she had done on air quality and the impact on the ozone of marijuana facilities. While Allegan County is shown as ozone non-attainment, Allegan Township and the City of Allegan are not in that category. According to the American Lung association, “Nonattainment” is the technical term that simply means an area has too much of one of the nation’s most widespread and dangerous air pollutants, such as ozone. It means that an area must clean up emissions to reach, or “attain,” the official, health-based limits for that pollutant.”
She also reviewed a study conducted in Colorado, who has had such facilities much longer than Michigan, but reminded Council members that this is still a new industry with few policies or regulations in place.
Thomas MJ Lavigne, an attorney and consultant for MRK Development LLC, said that his clients would provide two separate action plans for preventive maintenance consistent with Michigan air quality requirements, and reminded the Council that this would be a growing facility, not a processing plant. He added that MRK is “very excited about creating jobs in Allegan.”
Rob Somers, Senior Director Global Environment Health & Safety for Perrigo, spoke about the need for MRK to provide more exact and documented specifications and echoed Redding’s concerns that the Council needs to “get it right” before the facility goes into operation rather than waiting until problems occur.
An attorney for Perrigo, Gaetan Gerille-Recke, agreed that a lot of regulations had been followed in terms of building codes and other requirements, but that the applicant (MRK Development LLC) had not met the burden of the special use zoning conditions. He stated that the company had provided information but not proven commitment.
Bird moved to grant the Special Use Permit with the condition that the preventive maintenance plans be submitted prior to occupancy.
Other business
The Council approved the division of property at 605 N Eastern Avenue and Lot 22 of Allegan Industrial Plat No. 1, which lies on the northeast corner of N Eastern Avenue and Industrial Drive with Council member Hanse abstaining.
The Council also approved a license agreement with Mary Robertson, the owner of 321 Ely Street, to continue to have a fence, private sidewalk, and porch stairs in a city right of way.
Study Session
Three topics were discussed during the City Council’s Study Session.
The first of these was to develop a plan to rewrite 30 chapters of administrative ordinances. These do not include zoning or charter ordinances. Mayor Andrus and Council members Peter Hanse and Michael Zeter will begin working on that process, sharing each chapter with the entire Council during Study Sessions.
The second topic dealt with the City of Allegan Park Usage Fees. The new fees for use of Hanson Park Gazebo, Jaycee Park Pavilion, Mahan Park Gazebo, Rossman Park Green Space, Rive
rfront Stage, and the Sports Complex Park Shelter will be $20 for four hours and $10 for each additional hour. The Council hopes that this is not only fair and in line with other municipalities but will also alleviate the need for waived fee requests. Fees for the Regent and Griswold would remain the same as of now.
After some discussion of Allegan’s current practices regarding Obsolete Property Rehabilitation Act Tax Incentives (OPRAs), the Council directed the City staff to develop a policy about OPRAs that would keep them in place but limit the term for an OPRA as well as limit time property owners have to move forward with their building projects.
OPRAs are designed to assist in the redevelopment of older buildings in which a facility is contaminated, blighted, or functionally obsolete. The goal is to rehabilitate older buildings into vibrant commercial and mixed-use projects. Of all the OPRAs Allegan has issued, four have not begun any work.
The Council also discussed scheduling training for the Council in late May and the upcoming budget reviews on April 13 and 27 prior to the May 9 public hearing.
