Lowell City Council met in open session for an hour and a half last night to discuss eight pieces of business. Most items were addressed in short order while a hearing about a bill issued under the city’s cost recovery ordinance was the subject of extensive discussion. All councilmembers were present for the meeting.
Before starting that hearing, though, Lowell City Council opened the floor for public comments concerning items not on the agenda. Resident Perry Beachum spoke on several issues. He thanked Department of Public Works employees for clearing the area near a stop sign on Riverside Drive, shared his opposition to any attempt to expand the hours sound amplification may be used for protests in the city and also opposed an auto sale proposed for the Tractor Supply Co. parking lot.
Public Hearing on Cost Recovery Ordinance
In February, Lowell City Council approved a cost recovery ordinance that would allow the Lowell Police Department to issue bills for excessive or illegitimate service calls. In 2021, councilmembers passed a similar ordinance for the Lowell Area Fire Department. Last night, councilmembers held a hearing about a bill sent under the ordinance.
“[Joseph Nelson] has asked for the opportunity to be heard about an invoice sent to him,” explained city attorney Jessica Wood at the start of the hearing. The hearing included statements from police representatives, Nelson, who attended via Zoom, and several of Nelson’s neighbors.
Police Chief Chris Hurst spoke first and outlined the provisions of the ordinance. He then said that the department had been “bombarded” with emails and phone calls from and about Nelson during the months of March and April. Hurst provided councilmembers with a list of calls and emails and noted that department staff had spent 24 hours – split between the two months – addressing concerns related to Nelson.
According to Hurst, the department has tried talking to Nelson as well as ignoring him in the hopes of deescalating the situation. More than a half dozen civil infractions have also been issued for things such as noise violations, and all have been challenged in court, requiring more department resources to address.
“We do not seek out Mr. Nelson,” Hurst said. “Our goal is to put an end to Mr. Nelson’s disruptive behaviors.”
Det. Aubrey Culver showed councilmembers a larger binder of material that she said represented the cases involving Nelson during March and April. She said problems began in 2021 and have escalated since then. The department even contacted Network 180, a Kent County mental health agency, for guidance. Culver said she felt that it might be necessary to pass a more robust version of the cost recovery ordinance and had sent recommendations to City Manager Mike Burns. She also did not think the Lowell Police Department could ignore neighbors’ calls for help.
When provided an opportunity to speak, Nelson said he was being stalked and harassed by a neighbor. He alleged that on at least two occasions that neighbor and another individual had accosted him and his daughter. He said he was recorded, and the person doing so later admitted to making false complaints to the police department in a “manifesto” that was apparently published online. Nelson added that this person’s son also showed up at his house and began yelling at him.
“She’s clearly out to get me,” Nelson said. He noted that Culver and Sgt. Gordy Lauren had investigated the claims and sent the matter to the prosecutor’s office. “The city has sent the victim a bill,” Nelson added.
Nelson thought the ordinance was a good one, but that the city should not be billing him for the calls. He felt the woman he accused of stalking should be the one to be billed.
About a half dozen of Nelson’s neighbors were in attendance, and three addressed the council. The woman named by Nelson was not among them, and Hurst told Lowell’s First Look after the meeting that officers did investigate the claims of stalking and turned over all information gathered to the prosecutor’s office. However, after review, that office declined to press charges. Hurst also noted that Nelson’s comments did not address the numerous complaints made by other neighbors about his behavior.
After Nelson spoke, the floor was opened to the public. Marilyn Branham, who lives across the street, said this is the third summer of almost daily noise violations coming from Nelson’s property. She noted that the first time she encountered a problem was in 2021 when she was trying to listen to a cassette in her garage but could not hear it over the music coming from Nelson’s home. She walked across the street to ask if he could lower the volume and was told that she could wear earplugs or call the police but that he had a right to play his music.
“You don’t want to call the police on neighbors,” Branham said, but she felt those living in the area had been left with little choice. “His behavior is erratic, and there’s a perceived threat to personal security.”
A next door neighbor, Laura Becker, played two videos of what she said were typical disturbances made by Nelson. One was a person yelling, and Becker said it was Nelson’s response to a Lowell Police vehicle driving by. She said that he often runs into the road and yells and makes obscene gestures when officers are patrolling the area. In the other video, machinery can be heard running.
The videos were taken from Becker’s garage and bedroom, and she noted noise has started as early as 6:08am and often lasts an hour or more. “He drained his snowblower for three weeks,” she said as an example.
Becker said she has lived in the neighborhood for 37 years, and it wasn’t always this way. “He was a great neighbor,” she said about the time when Nelson and his wife lived at the property. Then he left for a period before moving back. “Something changed.”
The final resident who spoke was Nelson’s other next-door neighbor, Paula Mierendorf. She said that everyone who lives in the Valley Vista area understands noise is involved in living close to others, but “four hours is quite a while for someone to run their lawnmower.”
Mierendorf said her windows were about 10 feet from the lot line, and Nelson will often pull his truck near her window and play music loudly. She played for councilmembers a video of the music. “I’d like to play it for a while so you can get a good experience for what it’s like,” she remarked. Mierendorf also noted that neighbors had all individually tried approaching Nelson about the noise, but he accused them of harassing him. She did not believe anyone in the neighborhood had done anything to provoke the behavior either.
After listening to all the comments, councilmembers voted unanimously to uphold the invoice. “I think every neighborhood deserves to be peaceful,” said Mayor Mike DeVore.
The invoice was reported to be $1,121, and Hurst noted the money only reimburses the department for its time spent on the calls.
Creekside Kingdom Replacement Discussed
A popular Lowell playground could look completely different next year. Councilmembers agreed unanimously last night to partner with the Lowell Rotary Club to replace the Creekside Kingdom playground that was constructed in 1994.
Theresa Mundt, who is heading up the effort for the Lowell Rotary Club, noted that she helped with the construction of the current playground nearly 30 years ago. She said that she originally approached this project with rose-colored glasses and wanted to believe that the current structure could simply be repaired. However, upon closer inspection, it became obvious that the playground needs to be rebuilt from scratch.
“We want the community to be involved just like they were last time,” Mundt says.
Councilmember Leah Groves suggested incorporating naturescapes which are natural elements designed for play. For example, she noted that there may be a way to include rocks that can be safely climbed.
The cost of a new, ADA-complaint playground is estimated to be $400,000. Councilmember Jim Salzwedel asked if a study had been done to determine whether the use of the park justified spending that much. The consensus of Mundt and councilmembers with younger children and grandchildren was that Creekside Kingdom is the busiest playground in the city. DeVore added that the park would be next in line for enhancements anyway since both Richards Park and Stoney Lakeside Park have seen upgrades to their play structures in recent years.
The project is expected to be funded through private donations and grant funds, and the city anticipates applying for a DNR Recreation Passport grant. If all goes well, the Lowell Rotary Club would like to begin construction of the new playground in 2024.
Other Meeting Action
For other pieces of business, Lowell City Council approved all the following with unanimous votes:
- Approval of updates to the city’s employee handbook.
- Approval of budget amendments.
- Renewal of membership in PROTEC, which is a coalition created to protect public right-of-ways.
- Approval of the purchases of four Flock Safety cameras.
- Approval of the temporary closure of Water Street to facilitate the completion of the new mill at King Milling Co.
- Approval of a request by the City of Hastings to leave the Grand Valley Metropolitan Council. The organization requires all members to vote when a municipality wants to join or leave the group.
Manager and Councilmember Comments
In his city manager’s report, Burns noted the Lowell Community Fund awarded $28,000 toward the development of a splashpad in the N. Grand River Riverfront Park. Additional funds will be sought during the next grant cycle.
Work has begun Monroe Street, and projects on Grindle and Shepherd are now out for bid. Repair work was completed on Gee Drive at no cost to the city.
The Riverwalk restrooms have been vandalized four times in recent weeks including a fire that was lit yesterday. Police are reviewing security footage and believe they may have a suspect identified. However, for the time being, the restrooms will be closed except during special events.
Councilmember Marty Chambers wished DeVore a happy birthday next month, and in her final comments, Groves noted that the River Trail Triathlon seemed to be a great success. She thanked the Lowell Police Department and the Lowell Area Fire Department for their work to make sure everyone was able to compete safely. In total, about 75 people participated.
Lowell City Council went into closed session at 8:29pm “to consider material exempt from discussion or disclosure by state or federal statute.”
The July 3 meeting of Lowell City Council has been cancelled because of the Fourth of July holiday so the next regular council meeting will take place on Monday, July 17, at 7pm in Lowell City Hall.
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