IRONWOOD, MI - Thursday, February 5, 2009 - The Ironwood Planning Commission (IPC) held a public hearing at 5:15 PM yesterday evening followed by their regularly scheduled meeting at 5:30. The purpose of the public hearing was to allow citizens to voice their opinions on the proposed Sexually Oriented Business Article of the proposed Zoning Ordinance.

IPC Chairman John Wyssling began the public hearing by requesting a call of the roll. IPC Secretary Jane Bowman announced that all members of the IPC were present excepting Mark Fitting who previously handed in a letter of resignation. Three of the members present at last night's meeting are serving beyond their expired terms to prevent lack of quorum. Recently, the IPC voted to reduce the number of members from nine to seven. Bob Schonberg and John Kasieta both opted not to re-apply for their seats. Eric Lytwyniuk did reapply, however. All three gentlemen agreed to continue to serve until the new IPC Ordinance can be adopted and new members can be sought. Other members present at last night's meeting included Debbie Bowles; Sam Davey; Jackie Powers; Margaret Rayner; and Chairman Wyssling.

SEXUALLY ORIENTED BUSINESS ORDINANCE

Following roll call, Wyssling turned the meeting over to Community Development Director Dan Petersen so that he could give a brief explanation of the proposed Ordinance. The new ordinance does not designate a specific location of a sexually oriented business district as the previously proposed ordinance did. Instead the ordinance is written to allow a sexually oriented business to locate anywhere within the City provided it follows a strict set of guidelines. For example,

(a)     No sexually oriented business may be established or operated within 500 feet of

i)         A church, synagogue, mosque, temple or other building which is used primarily for religious worship and related religious activities;

ii)       A public or private educational facility that serves persons younger than eighteen (18) years of age, including but not limited to nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

iii)      A cemetery;

iv)      Any private property containing a community/recreation center including the YMCA that regularly serves persons younger than eighteen (18) years of age;

v)       A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of the City, the Board of Education, or another public entity; or,

vi)      A public library or museum that regularly serves persons younger than eighteen (18) years of age.

(b)     For the purpose of any part of subsection (1)(a) of this Article, measurement shall be made in a straight line from the nearest portion of the building, or edge of building space, used as the part of the premises where a sexually oriented business is conducted to the nearest property line of the premises to a use listed.

(c)     No sexually oriented business may be established or operated on any lot within 25 feet of the right-of-way of the following designated economic development areas and major thoroughfares:

i)         Business Route US-2.

(d)     Adult Cabaret, as defined in Section 35-2 of this Chapter, may be established or operated within 200 feet of: (1) A boundary of a residential district as defined in this ordinance; (2) Any structure that contains a permitted or conditionally permitted residential use or a lawful non-conforming residential use as defined in this ordinance.

(e)     No sexually oriented business may be established, operated or enlarged within 500 feet of another sexually oriented business, as measured in a straight line from the nearest point of each building in which the sexually oriented businesses are conducted.

(f)      Not more than one (1) sexually oriented business shall be established or operated in the same building, structure, or portion thereof, and the floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business may not be increased.

(g)     No sexually oriented business may be established, operated, or maintained within and PUD district that includes residential uses.

After Dan Petersen finished his description of the proposed changes, Chairman Wyssling asked his fellow Commissioners if they had any questions. No questions were asked by the Commission. He then asked if there were any in the audience that opposed the ordinance. No one spoke up. When he asked if anyone wanted to speak in favor of the ordinance, likewise, there was total silence.

Before adjourning the meeting Jackie Powers asked for clarification on the Business US-2 restrictions. Petersen explained that no such business is allowed to locate within 25 feet of the right-of-way on Business US-2.

He also indicated that a change was made that allows businesses of this nature in both the downtown commercial district and the highway district, however, in both cases restrictions apply.

A motion was made to close the public hearing and the motion was seconded. The Commission unanimously voted to close the hearing.

Chairman Wyssling then called the regular meeting of the IPC to order. Jane Bowman recorded the roll and the Commission unanimously voted to approve the minutes of the previous meeting (January 7, 2009). With a slight change the Agenda for last night's meeting was approved. Chairman Wyssling asked that the Parks and Recreation Committee presentation be moved up to the beginning of the meeting so that those present just for that issue didn't have to sit through the rest meeting.

MINERS MEMORIAL HERITAGE TRAIL

Lily Palmer gave an abridged version of her Monday night's presentation to the IPC. She explained that many members of the general public showed up to show their support for the project on Monday. Last night's presentation was designed to be a "brief overview" just to bring the IPC members up to speed on the "nuts and the bolts" of the project. Details of the project were supplied to the Commission in their packets.

Ken Hazel then addressed the IPC. Instead of repeating what he stated Monday, Hazel decided to tell a more personal story. He explained how his passion for outdoor recreation drove him to volunteer for the trails subcommittee. He said his love of outdoor sports was his initial motivation in the project, however, when he began to really study what the land represents to the area, his entire outlook changed. He explained how local miners contributed so greatly towards the efforts of World Wars I and II. He also went on to discuss the many tragedies that happened in the mines. He told the Commission that his central focus suddenly changed from simply being a trail into be a real tribute to those that have sacrificed so much for the area.

"The story of Ironwood," Hazel said, "Is the story of America. It's about people who just came together. I don't know that they necessarily knew that they were doing anything great, or they were creating a town, or they were helping build America... they just were working hard and trying to feed their families. And I just think it's a great story, and it needs to be told, and it needs to be commemorated."

Commissioner Schonberg complimented the Subcommittee for the great job they did creating the trail/parks plan and the presentation. Commissioner Kasieta asked if any consideration was given to who would pay for promotions, signs, etc. Commissioner Davey told Kasieta that grant money would cover these costs.

"Are these grants available?" Kasieta asked.

"Yes!" responded Davey.

"Have we looked into it?" Kasieta asked.

"Yes, we are looking into it!" Davey replied.

Dan Petersen elaborated on the various kinds of grants that are available. He pointed out that most of the grants do require matching funds, however. Davey was quick to point out that tax dollars would not be used for the trail system and that fundraisers would be held to match the grant funds. Davey also stated that almost all of the work on the trail system would be volunteer.

Schonberg had three questions and a few comments regarding the system. First of all, he asked if the land in question was currently designated "open land." Davey explained that all of the land is open and available. Schonberg's second question asked why the trail wasn't being tied into the Wisconsin trail system. Davey said it would be. Both Davey and Hazel pointed out ways the trail could be connected to the Wisconsin system. Schonberg's third question was, "Isn't there grant money for interstate trails?" Davey said interstate grants are available.

Jackie Powers made a motion to accept the resolution from the IP & RC as written and pass it along to the City Commission for further action. Power's motion was seconded by Rayner and the Commission unanimously agreed to accept the resolution as presented.

SET PUBLIC HEARING DATE FOR THE NEW ZONING ORDINANCE

The Commission agreed by unanimous vote to set a Public Hearing date for Wednesday, March 4, 2009, at 5:15 PM to give citizens an opportunity to voice their opinions, ideas and concerns about the New Zoning Ordinance. Before the Commission moved onto other business, Dan Petersen briefly highlighted the changes to the new Ordinance. Changes included bylaw related issues; horses on City acreage (2 adult animals on 5 acres and one additional acre for each additional adult animal); proper removal of obsolete signs (unused obsolete signs); and removal of sale, rent, and garage & yard sale signs.

BYLAWS UPDATE

Dan Petersen told the Commission that he wanted to discuss "membership interests" with the IPC. The plan is to have IPC members "diversified" in their interests. One member from nine different categories would be eventually sought for positions on the Commission. This, Petersen reasoned, would keep a well-rounded Planning Commission at all times. This idea is part of the new Enabling Act legislation in the State. Certain changes in all Planning Commission Ordinances and Bylaws throughout the State are mandated. Commissioners Rayner, Powers and Schonberg strongly objected to the plan. Schonberg even went so far as to call it a "socialist" idea. Several members of the audience also spoke up, stating that it seemed like a control tactic more than an attempt at fairness.

Several audience members believed that the plan was elitist and could lead to serious abuses. This reporter pointed out that it is hard enough to get people to serve, and that these restrictions would severely limit the chances of many citizens to serve. Steve Frank pointed out that the best people for such a position are "multi-dimensional" and not simply "one-issue representatives." He also cited examples of how the system could be abused.

In the end the Commission voted to approve the draft with changes to read that the "membership qualifications" are merely a guideline and not a priority. Three Commissioners refused to cast a "yes vote" to accept the draft -- Bob Schonberg; Jackie Powers; and Eric Lytwiniuk.

Different issues such as conflicts of interest; abstaining from voting; attendance of members; and malfeasance and misfeasance in office were discussed as part of the current bylaws.

MONTHLY TRAINING & WORKSHOPS

An idea to add training information to the end of each agenda was suggested to help Commissioners understand various zoning and planning issues.  The Commission appeared to be agreeable to the idea.

PROJECT UPDATES

• O'Reilly's Auto Parts has submitted preliminary site plan drawings for review. O'Reilly's is planning on building a new auto parts store where the former Hardee's is not located. A new building and landscaping is anticipated.
• A public hearing was held for the Planning Ordinance. Action by the City Commission regarding the new Ordinance is expected at their next regular meeting.
• The Parks and Recreation Committee identified three priorities for grant applications through the State of Michigan. They are: (1) trail easements and land acquisition along the railroad grade; (2) Patterson Tennis Court resurfacing and lighting improvements as well as adding another court to the complex; (3) improvements to the Curry Park campground area including electrical upgrades.
• The DIDA's Blueprints Program is progressing, according to Petersen. A Process Committee meeting was recently held. DIDA's Chairman is attempting to gather survey information from local downtown businesses. Consultants for the program will be in town from April 20-24, 2009.
• The NPP Homeowner Improvement Program for the Norrie area has begun. A lottery drawing was completed to determine which homes will be done first. Petersen told the Commission that only four applicants came forward. John Wyssling asked if apartment rehabs would qualify for the program. Petersen said that they weren't. He noted that programs are available for that purpose, but the City hasn't yet applied for them. Commissioner Rayner told Petersen that many people are concerned that their taxes will increase once their properties are improved by the MSHDA program.  She said that Petersen needs to get the word out that this is not the case.
• Commissioner Jackie Powers asked Mr. Petersen for an update on the Hovey project. Petersen said questions and considerations were submitted to MSHDA regarding the project. The length of the PILOT and the percentage of the PILOT were among the issues presented. According to Petersen discussions continue between the City, Hovey and MSHDA regarding these issues.

A motion to adjourn was made. Commissioner Schonberg asked to speak before the adjournment. Schonberg asked if the City offered any protection or assistance for Commissioners and City Board members. He said he has experienced defamation of character, exaggeration, and other forms of harassment as a result of the way he has voted at times on the Commission. He told the Commission that one of the biggest reasons for his decision not to re-apply for the IPC was that a citizen "came apart" on him for the way he voted. He told the Commission that he is angered by the situation. He explained that every member of the Commission are there to serve the best interests of the people. They are unpaid and they are expected to set examples in their behavior, etc., but there is nothing stopping disgruntled citizens from taking improper actions. Most of the Commissioners agreed with Schonberg.

"I feel like I'm just hanging on the end of a branch and a chainsaw is sawing on the other end of it!" Schonberg explained.

Rayner and Wyssling explained that many business people refuse to serve because people will refuse to do business with you if you "vote the wrong way."

Schonberg went on to say that the City is changing, and for the most part the change is good. But there are some people who will resist any and all change. And when things don't go their way, they take it out on those who are trying their best to do the right thing for the community.

Rayner told the Commission that she's lived in many communities, and to her, it appears that bullying in this community seems to be particularly bad. "It's particularly bad here! Bullying is allowed! It's just a fact of life, unfortunately. But, with all of us standing firm and doing what we thing is the absolute best for this community, in our hearts, without personal gain or bias, is the very best thing we can do, because we are setting a good example. And sooner or later that's not going to be the game in town!"

Commission Kasieta ended the discussion by gathering a laugh with the following comment, "You know, I think the whole problem here is, this Planning Commission gets paid too much!"