IRONWOOD, MI - Wednesday, May 28, 2008 - Tuesday night's Ironwood City Commission meeting began with a 5:15 PM CST Public Hearing to hear comment regarding Ordinance No. 468, Book 4, an Ordinance adopting and enacting a new Chapter to regulate sexually oriented businesses, Chapter 35, Code of Ordinances, City of Ironwood, Michigan, and providing when this ordinance shall be effective.

SEXUALLY ORIENTATED PUBLIC HEARING

Community Development Director Dan Petersen introduced the Ordinance with a PowerPoint presentation on sexually orientated businesses. He explained the need for such an Ordinance, reasoning that a ban of any kind would not be enforceable. He informed those in attendance that no such business is currently making application to locate here, however, the Ordinance would allow the City to control where such a business could be located, should one apply. To view Mr. Petersen's PowerPoint presentation as a PDF file [CLICK HERE].

The proposed location for the new "sexually-orientated" business district is at the end of Scott Street along the Montreal River in the flats. The land proposed for the district is primarily privately owned land, and much of it is on a secondary flood plain, making it very difficult for any prospective business to build there.

Commissioner Suzanne Toth explained that she had worked with the Planning Commission on this matter while she was a member of that organization. She strongly supports the location of the proposed "district." She said it is favorable to a location on Aurora Street or anywhere downtown.

Mayor Noren reminded Petersen that the Parks and Recreation Committee has plans to build walking trails along that stretch in the future. Being a public hearing, no action could be taken last night. Two nearby property owners expressed their concern about the proposed location.

Evelyn and Rod Behrendt, who live on West Ash Street, voiced their concerns at last night's hearing. Evelyn told the Commission, "The only thing separating us from that property is the railroad tracks, and I really don't want anything like that in my backyard!"

"Or in our City!" Rod Behrendt added.

Ms. Behrendt also expressed concern about the close proximity the proposed area is to Norrie School, and the fact that many small children are in the area.

This reporter asked why the City couldn't pass an Ordinance that would ban such business activity completely. Commissioner Toth repeated what former Community Development Director Pat Merrill had previously stated – a ban would be a violation of first amendment rights and the City would lose such a case in federal court. In previous Michigan cases, the "porn shops" that won in court were then given free reign to open business anywhere they wished. By developing a "sexually-orientated business district" the City would be able to control where such a business could locate should one wish to open here. Essentially, designating such a district on a secondary flood plain – where new construction is next to impossible due to insurance risks and government red tape – is the City's way of legally preventing such businesses from locating within the City limits.

An unidentified resident who just purchased a home on Poplar Street asked if there were any other proposed sites for the Ordinance. He was told by Mr. Petersen that there were none at this time.

George Goerig asked the Commission if businesses that locate here prior to the passage of the new ordinance would be "grandfathered in." Dan Petersen told Goerig that existing businesses or those opening before the ordinance passed would not be subject to the new ordinance.

The Commission decided to bring the proposal back to the Planning Commission to allow them to review it. The Ordinance will be again addressed at a later date.

REGULAR MEETING

At 5:30 PM CST, Mayor Bruce Noren called the regular meeting of the City Commission to order. After the prayer and the Pledge of Allegiance were both recited, City Clerk Karen Gullan recorded the roll. All City Commissioners were present for last night's meeting.

City Manager Scott Erickson is on vacation and was not present for the meeting. Financial Director Julie Frederickson, City Assessor/Building Inspector Dennis Hewitt, Project Supervisior Don Bertels, IPSD Director Bob Erspamer, Community Development Director Dan Petersen, City Clerk Karen Gullan and City Attorney A. Dennis Cossi were also present.

Citizens George Goerig, Mr. & Mrs. Rod Behrendt, Mr. & Mrs. Steve Buda, Mrs. Amanda Sprague, John Kasieta, Bernie Finco, Dave Rasmussen, Scott Sturzl and an unidentified resident of Poplar Street were also in attendance.

Representing the press were Ironwood Daily Globe reporter Ralph Ansami, Superior Chronicle photographer Steve Frank, and yours truly.

By approving the Consent Agenda, the Commission approved the minutes of the May 12, 2008 City Commission meeting; the minutes of the April 17, 2008 meeting of the Gogebic-Ontonagon Community Action Agency; the minutes of the May 8, 2008 special workshop meeting of the Downtown Development Authority; a word change from "Equalized" to "Taxable" on the ballot language for the Pat O'Donnell Civic Center for the upcoming August 5, 2008 Primary; and scheduling a Public Budget Hearing for Monday, June 9, 2008, at 5:15 PM to hear comment relative to the Fiscal Year 2008-2009 Proposed Budget, Schedule of Rates for the City Services and the Property Tax Millage Rate levied to support proposed Budget.

This reporter asked for a clarification on the terms "equalized" and "taxable" as it relates to the ballot language. Dennis Hewitt explained that the "equalized" value is half of what the property is worth, and that "taxable" value is what taxes are based on. The current Civic Center millage is based on "taxable" value.

City Financial Director Julie Frederickson presented a Statement of Revenue and Expenditures and the Monthly Cash Reports to the Commission. There were no issues that needed to be addressed.

RE-ZONING ISSUES

The Commission took action on several Ordinances at last night's meeting:

Ordinance No. 465, Book 4, an Ordinance to vacate Sepplan Street east of First National Street and the alley that runs north and south and bisects Blocks 1 and 2 of Assessor's Plat No. 13. The Commission voted to approve the ordinance. Attorney Cossi insisted that easement issues be addressed and reserved.

Ordinance No. 466, Book 4, an Ordinance re-zoning 501 Wilson Street from R-1 (Single Family Residential) to C-3 (Highway Commercial). This is property owned by Marvin Marks along Cloverland Drive near the oil change store across from K-Mart. The Commission approved the ordinance unanimously.

Ordinance No. 467, Book 4, an Ordinance establishing a R-1 (Single Family Residential) overlay for the following C-3 (Highway Commercial) parcels: 619 East Cloverland Drive; 623 East Cloverland Drive; and 625 East Cloverland Drive.

This Ordinance has been toyed with by both the Planning Commission and the City Commission for several months. The issue was initially brought to the Planning Commission by Mr. and Mrs. Steve Buda. They were trying to sell there home on Cloverland Drive.

The prospective buyer qualified for MSHDA financing, but could not qualify for conventional financing, due to the fact that he couldn't come up with the 20% down-payment. MSHDA would not finance the property, however, because the home is currently zoned commercial. The Buda's went before the Planning Commission to have the property re-zoned residential as most homes are zone. The Planning Commission refused to re-zone the property, but instead suggested creating a Planned Urban Development (PUD) overlay that would allow for "dual zoning" of the property. Because of the repeated delays of the City, the prospective buyers of the Buda property backed out of the deal.

Dennis Cossi informed the Commission that they could not act on the Ordinance because the Buda's had not presented a plan as the PUD requires. The Budas were never informed that they were required to present a plan. Mayor Noren suggested that the matter be discussed to the point where the Budas understand what is expected of them so that they can properly deal with the matter to comply with the PUD – without taking action.

Mrs. Amanda Sprague addressed the Commission on behalf of the Buda's. She said she couldn't understand why the City wasn't cooperating with the Buda family. She pointed out that the property is not practical as commercial property, and that the constant delays have caused the Buda's to lose a sale. She pointed out that the Buda's are taxpayers and that they deserve better treatment than what they have been getting. She used the Wal-Mart project as an example of how a large company can purchase several parcels of residential property and have them quickly re-zoned to suit their needs. She expressed her disappointment and lack of "community" on the part of the City in the manner with which the Buda's and their prospective buyers were treated.

Cossi explained that it wasn't the City that caused the problem for the Budas, it was whomever was financing the property. He stated that the property can be sold... just not to those buyers, at this time, with those terms.

Steve Frank told the Commission that he felt the burden to comply with the PUD plan should ethically be in the City's hands since they were insisting on using the PUD to begin with. Frank pointed out that these people are just trying to sell their home, they are not experts on real estate law.

Cossi pointed out that nobody is expected to be "experts" on the law, but everybody is expected to follow it.

The Commission tabled the issue.

SALE OF MINE ROCK TO GLOBE

The final issue the Commission discussed was approval of contract with Globe Industries to purchase City-owned waste mine rock located at the compost site for a two year period at $ .50 per cubic yard. After several minutes of discussion regarding the manner in which Globe was to be billed and how the volume of material was to be established, Mayor Noren proposed approving the contract and leaving the details up to the City Manager. The Commission unanimously approved the Mayor's motion.

MANAGER'S REPORT

In the Manager's absence, City Clerk Karen Gullan highlighted his written report to the City Commission. These are the issues the City Manager included in his report:

(1) Public Hearing on the Budget - Scheduled for Monday, June 9, 2008, at 5:15 PM in the Commission Chambers on the second floor of the Ironwood Memorial Building. Copies of the proposed budget are available in the City Clerk's office for public viewing.

(2) Recreation/Cultural/Life Enrichment Committee - Regular meeting scheduled for Monday, June 2, 2008, at 6:00 PM in the Women's Club Room on the second floor of the Ironwood Memorial Building.

(3) DIDA and City Staff Met with MSHDA over BluePrint Program - Several members of the DIDA, and the City Staff met with MSHDA representatives concerning the City's application into the BluePrint Program. MSHDA was taken on a brief tour of the downtown after a one hour meeting. By the end of June the City will know if they were accepted for the program.

(4) Planning Commission Meeting - The regularly scheduled meeting of the Ironwood Planning Commission will be held on Wednesday, June 4, 2008, at 5:30 PM in the Community Development Conference Room on the second floor of the Ironwood Memorial Building.

(5) City Worker, Bill Olkonen Receives Certification - The Manager congratulates Mr. Olkonen for receiving his DEQ S4 operator designation.

OTHER MATTERS

Commissioner Toth requested that the Recreation/Cultural/Life Enrichment Committee agenda be amended to include discussion of the proposed "sexually-orientated business district."

CITIZENS COMMENTS

Bernie Finco expressed concern that old furniture, a ten-speed bike, and other debris was dumped along the four-wheel trail near Bonnie Hill. IPSD Director Bob Erspamer informed Mr. Finco that the matter was investigated, and the owner of the bike could not be identified. He told Mr. Finco that the Department of Public Works was notified and they informed Mr. Erspamer that the mess would be cleaned up.

Steve Frank suggested to the Commission that the Compost Site be closed since it is being so badly abused. According to Frank, it's not a compost site – it's a dumpsite. He told the Commission that many of the items dumped on the site are not compost items. He informed the Commission that he photographed the site and found bags of rotting household garbage; a rusted automobile; a dead, flattened house cat; construction debris; a mattress; a box spring; and other items that are not supposed to be left there. He told the Commission that one of the industrial park businesses is throwing dried out wooden slats on the site and they are left drying in the sun. He said there is a real fire hazard potential in the site. He described the stench from the site and he told the Commission that everything around the area suffers from the abuses. He suggested that money from the sale of the mine rock be used to clean up the compost site. He also pointed out that the transfer station offers free dumping of the same materials, so there is no real inconvenience to the citizens of Ironwood closing the site.

Mayor Noren thanked Frank for bringing the matter to his attention, and he assured him that action would be taken.

Dave Rasmussen expressed his disgust that the City's newest street – Lowell Street – has already been torn apart and patched. He said the patch needs work as well. Don Bertels told the Commission that the patch was only temporary, and that a permanent patch would be cut in later this summer.

John Kasieta asked the Commission if it would be possible for the City to request another dumpster at the trailer factory (or another location) because it gets full so fast. Waste Management worked out a deal with the City to provide recycling dumpsters at four locations throughout the City -- Ironwood Plastics in the industrial park; the IPSD Building on McLeod Avenue; and the old trailer factory (now owned by Cloverland Plumbing) on Midland Avenue.

AUDIO 

Jim Albert