Superior Chronicle -- Ironwood Planning Commission

IRONWOOD, MI - Thursday, January 08, 2009 - The Ironwood Planning Commission (IPC) traditionally has nine voting members. Due to recent resignations and term expiration, however, the number has suddenly dropped to five. Three seats expired -- those of John Kasieta, Bob Schonberg, and Eric Lytwyniuk. A fourth seat is vacant due to the resignation of Mark Fitting. Bob Schonberg and John Kasieta opted not to re-apply for their positions on the Commission. Eric Lytwyniuk did re-apply, but the City Commission, at their last meeting, opted not to make any appointments pending a possible change in the make-up of the IPC. There has been talk of reducing the number of members from nine to seven or even possibly five. The State of Michigan allows for up to nine members.

Last night's meeting was in jeopardy of being canceled due to the vacancies and the IPC's inability to gather a quorum. The Commission's newest member, Deb Bowles, called in and was excused from the meeting. Showing up for the meeting were (1) Chairman John Wyssling, (2) Sam Davey, (3) Jackie Powers, (4) Margaret Rayner and ex-facto (non-voting) City Commissioner Bob Burchell. Eric Lytwyniuk was seated in the audience, believing that he was no longer a member of the Commission, due to his expired term.

A nine-member Commission needs five voting members present in order to hold a meeting. Since it appeared that only four members were present, Chairman John Wyssling suggested that the meeting be canceled. The motion was made to cancel the meeting and the Commission voted to adjourn.

Former Ironwood Public Safety Department (IPSD) Director Leroy Johnson was in the audience, and he asked the Commission if he could speak. Chairman Wyssling gave Johnson the floor. Johnson produced evidence via the City Charter, City Ordinances, and the Michigan State Statutes, that Eric Lytwyniuk was still an active member of the Commission since nobody was appointed to replace him. Johnson suggested that the meeting could be held because -- with Lytwyniuk at the table -- the Commission would have a quorum.

Wyssling and Community Development Director quickly verified Johnson's claims and the Commission decided to hold the meeting as scheduled.

Chairman John Wyssling called the meeting to order. Planning Commission Secretary Jane Bowman recorded the roll.

The first order of business for the Commission was to approve the minutes of the December 3, 2008 Public Hearing and Regular Meeting. The Commission voted unanimously to approve the minutes.

Chairman Wyssling asked if there were any citizens wishing to address the Commission on agenda items. There were none. In the audience were Globe reporter Ralph Ansami; DIDA member and Planning Commission applicant Steve Frank; Planning Commission applicant Leroy Johnson; and yours truly.

SEXUALLY-ORIENTED BUSINESS ARTICLE

Chairman Wyssling told the Commission that he had studied the information Dan Petersen had provided regarding sexually-oriented businesses, and he had obtained other information as well. He explained that he reviewed the draft of the new article as Dan Petersen created. He said, with small changes, he believed the ordinance was adequate as written. Wyssling told the Commission that he didn't think creating a "Sexually-Oriented Business District" was a good idea. He went on to say that he was happy to see specific requirements and design guidelines were included that insure that such a business, if opened in the future, will be done in a responsible manner that doesn't offend anybody or force people to see something they don't want to see.

Sam Davey said, "Basically, like I said before, it could go anywhere, as long as, from the outside it says, 'Joe's Whatever Shop' and there's no (obscene) signage and the windows are blacked out." He said if you can't really tell what it is by the look of the outside of the building, he has no problem allowing it. He agreed with Wyssling that establishing a "sexually-oriented business district" would be a mistake.

Wyssling then told Dan Petersen that he didn't get a chance to read through Traverse City's complete ordinance. He asked Petersen if there were any matters that Traverse City addressed that the City of Ironwood's newly proposed ordinance may be missing.

Petersen told Wyssling that the Ordinance he drafted contained much of the original language of the existing draft that Pat Merrill had proposed, with changes based on the Traverse City Ordinance.

Petersen said he eliminated a specifically designated "district" from the language of the document. He said the distance requirements should resolve any issues that would concern most people. For example, no such business would be allowed within 1000 feet of a church, a school, a youth center, or child care facility.

He told the Commission that the intent of a "district" was lost in the existing language as well. He pointed out that one of the requirements of previous draft was that no such business be allowed within 1000 feet of another such business. He said the proposed district wouldn't allow more than one such business in the district with the existing language. "A district with only one business can't really be called a district!" Petersen explained. He pointed out that the real detriment is when a concentrated block of such businesses exists.

He also suggested that the neighbors in the proposed district area could rationally argue that they are being targeted by the City, and that their property values would be greatly affected should such a district locate there.

Margaret Raynor echoed previously made comments stating that she preferred regulating the businesses through zoning requirements rather than placing them in a specific district. She said the zoning requirements would insure that each and every such business -- if one ever should choose to locate here -- would be done tastefully and respectfully.

Petersen told the Commission he also wanted to add a restriction that would exclude sexually-oriented businesses from Business Route US-2. The ordinance, however, would allow for such businesses to locate along Cloverland Drive as well, with plan approval of the Planning Commission.

"One of the points of the Ordinance," Jackie Powers offered, "Is to not exclude this type of business -- to actually give them an opportunity. If they are only allowed to be downtown all they have is basically three lots to choose from -- we almost are totally restricting them. To open it up to the highway gives them a little more opportunity."

Wyssling told Powers that the public hearings held on the matter were very well attended and the vast majority of people in attendance favored a restrictive ordinance over the establishment of a specific "sex-oriented" business district.

Bob Burchell pointed out that nobody from the proposed district area favored the chosen location. Rayner told the Commission that Pat Merrill originally chose that location because he wanted to locate the district on open City-owned land. The general consensus of the Commission was that no neighborhood would favor locating a specific "sexually-oriented business district" in close proximity.

The Commission agreed to recommend the Ordinance as proposed except for the inclusion of provisions to restrict Business US-2 and to open up Commercial (C-3) Districts throughout the City. They also agreed to hold a public hearing on the matter on Wednesday, February 4, 2009, at 5:15 PM, in the City Commission Chambers.

PROJECT UPDATES

Community Development Director Dan Petersen brought the Planning Commission up to speed on several City projects that are in the works.

Downtown Blueprints Program - According to Petersen the grant for the program was applied for in May of last year and was approved in June. He said that Hyatt-Palmer, the consultant for the project, was scheduled to meet with the City either later this week or early next week. He told the Commission that Hyatt-Palmer has done similar Blueprints for 36 other cities throughout the State. He said that the Michigan State Housing Development Authority (MSHDA) and the Michigan Economic Development Corporation (MEDC) have partnered to make the program possible. He explained that the Downtown Ironwood Development Authority (DIDA) would be working closely with the consultant in the near future.

Miners' Mural Project - Petersen told the Commission that, so far, fifteen sponsors have stepped forward for the project -- nine people have paid for "bricks" on the mural and six people have paid to have facial portraits of family members to be added to the mural. He said the artists were shooting for 60 to 90 sponsors in order to make the mural possible. He explained that the City was accepting payments, but they were in no way responsible for generating sales or interest in the project.

Economic Stimulus Package - Petersen explained that the U.S. Congress has been actively attempting to create such a package before President-Elect Obama takes office. He told the Commission that the City of Ironwood has submitted a list of "shovel-ready" projects that can be quickly engineered and implemented in the event that money becomes available.

Blight Control Officer - A new blight control officer has been hired by the City. According to Petersen he started work on Monday. The new blight officer is Jason Alonen, and according to Petersen he is in the process of getting acclimated to the new position.

Housing Economic Recovery Act (HERA) - The HERA bill was passed by Congress last summer. According to Petersen, money is becoming available to municipalities through this Act, and the City is working towards receiving some of the funds. Petersen said that money may be available for property acquisition and demolition of blighted residential structures. Petersen told the Commission that he has been in contact with MSHDA and he will continue to be ready to apply for the funds as soon as applications are being accepted.

Before the Commission continued, Eric Lytwyniuk excused himself. Before the meeting began, he told the Commission that he had a prior engagement and that he had to leave by 6:00 PM. Before Lytwyniuk left, the Commission officially adjourned, but agreed to briefly discuss agenda items that were not yet addressed.

PLANNING COMMISSION ORDINANCE

John Wyssling explained to the Commission that the Planning Commission Ordinance needed to be updated due to changes that have occurred in the State law. He pointed out that the desire to change the number of Commissioners on the board is merely a coincidence.

Missing from the City's current Planning Commission Ordinance are the Michigan Planning Enabling Act and the Michigan Zoning Enabling Act. According to Wyssling, these new changes are State law and the City needs to update their laws to incorporate the new State regulations.

Margaret Rayner expressed concern that Ironwood's City Charter may be in conflict with the two new additions as well. Dan Petersen said if there isn't conflict, at least there is confusion, especially in relation to the ex-officio members. According to Petersen, the new Act clearly provides that the City Charter supercedes the legislation.

Petersen explained the reason for the low current membership of the Planning Commission. He told the Commission that the City Commission decided not to make any appointments until a decision was made regarding the number of IPC Commissioners that would make up the board.

Wyssling explained that the Ordinance could be streamlined by making changes to the Commission's bylaws. Many of the issues addressed in the Ordinance could be made part of the bylaws, thereby allowing for a cleaner Ordinance and easier changes to the Commission in the future. Wyssling went on to say that the main issue to be addressed at this time is the number of members to the IPC.

Wyssling pointed out that "ideal" IPC would be a diverse group of individuals from different segments of the community. The Ordinance calls for appointments based on seven different backgrounds. Both Wyssling and Petersen suggested that suggestions to choose from these groups be added to the bylaws instead of listing them in the Ordinance.

Rayner warned that it may be ideal to get members from various backgrounds, but the reality of the situation is that the City is lucky to get anyone to apply. She said even in larger communities that she has lived in, very few people actively participate in their local government.

Petersen continued to describe a Commission that followed the formula set down by the Ordinance. He said, for example, if there was an opening for an "industrial" member, that member would represent the concerns of the City's industry, or a "retail" member would represent the concerns of the City's retailers. This Utopian concept would create a well-balanced Commission, however, in reality -- like Ms. Rayner stated -- it is unlikely that qualified people will step up to the plate.

BACK-UP ALARMS ON SNOWPLOWS

Before the "meeting after the meeting" adjourned, Sam Davey voiced a complaint regarding the back-up alarms on commerical plow trucks. He said that the constant loud beeping of the plow trucks as the back-up is disturbing to the public. He asked if there was any noise ordinance or some way that the alarms could be disabled at certain times during the night.

Dan Petersen said that back-up alarms are required on all commercial vehicles, and that businesses need to get their parking lots cleared.

Most commercial snow removal vendors clear snow in the very early morning because of light traffic and the fact that there are generally no cars parked in the lots they clear at that time.

Petersen said he would look into the matter and see if there was something that could be done that would lead to a suitable alternative for all parties.


The IPC Agrees to Scrap Sex District Proposal
IRONWOOD, MI - Thursday, January 08, 2009 - The Ironwood Planning Commission (IPC) traditionally has nine voting members. Due to recent resignations and term expiration, however, the number has suddenly dropped to five. Three seats expired -- those of John Kasieta, Bob Schonberg, and Eric Lytwyniuk. A fourth seat is vacant due to the resignation of Mark Fitting. Bob Schonberg and John Kasieta opted not to re-apply for their positions on the Commission. Eric Lytwyniuk did re-apply, but the City Commission, at their last meeting, opted not to make any appointments pending a possible change in the make-up of the IPC. There has been talk of reducing the number of members from nine to seven or even possibly five. The State of Michigan allows for up to nine members. Last night's meeting was in jeopardy of being canceled due to the vacancies and the IPC's inability to gather a quorum. The Commission's newest member, Deb Bowles, called in and was excused from the meeting. Showing up for the meeting were (1) Chairman John Wyssling, (2) Sam Davey, (3) Jackie Powers, (4) Margaret Rayner and ex-facto (non-voting) City Commissioner Bob Burchell. Eric Lytwyniuk was seated in the audience, believing that he was no longer a member of the Commission, due to his expired term. A nine-member Commission needs five voting members present in order to hold a meeting. Since it appeared that only four members were present, Chairman John Wyssling suggested that the meeting be canceled. The motion was made to cancel the meeting and the Commission voted to adjourn. Former Ironwood Public Safety Department (IPSD) Director Leroy Johnson was in the audience, and he asked the Commission if he could speak. Chairman Wyssling gave Johnson the floor. Johnson produced evidence via the City Charter, City Ordinances, and the Michigan State Statutes, that Eric Lytwyniuk was still an active member of the Commission since nobody was appointed to replace him. Johnson suggested that the meeting could be held because -- with Lytwyniuk at the table -- the Commission would have a quorum. Wyssling and Community Development Director quickly verified Johnson's claims and the Commission decided to hold the meeting as scheduled. Chairman John Wyssling called the meeting to order. Planning Commission Secretary Jane Bowman recorded the roll. The first order of business for the Commission was to approve the minutes of the December 3, 2008 Public Hearing and Regular Meeting. The Commission voted unanimously to approve the minutes. Chairman Wyssling asked if there were any citizens wishing to address the Commission on agenda items. There were none. In the audience were Globe reporter Ralph Ansami; DIDA member and Planning Commission applicant Steve Frank; Planning Commission applicant Leroy Johnson; and yours truly. SEXUALLY-ORIENTED BUSINESS ARTICLE Chairman Wyssling told the Commission that he had studied the information Dan Petersen had provided regarding sexually-oriented businesses, and he had obtained other information as well. He explained that he reviewed the draft of the new article as Dan Petersen created. He said, with small changes, he believed the ordinance was adequate as written. Wyssling told the Commission that he didn't think creating a "Sexually-Oriented Business District" was a good idea. He went on to say that he was happy to see specific requirements and design guidelines were included that insure that such a business, if opened in the future, will be done in a responsible manner that doesn't offend anybody or force people to see something they don't want to see. Sam Davey said, "Basically, like I said before, it could go anywhere, as long as, from the outside it says, 'Joe's Whatever Shop' and there's no (obscene) signage and the windows are blacked out." He said if you can't really tell what it is by the look of the outside of the building, he has no problem allowing it. He agreed with Wyssling that establishing a "sexually-oriented business district" would be a mistake. Wyssling then told Dan Petersen that he didn't get a chance to read through Traverse City's complete ordinance. He asked Petersen if there were any matters that Traverse City addressed that the City of Ironwood's newly proposed ordinance may be missing. Petersen told Wyssling that the Ordinance he drafted contained much of the original language of the existing draft that Pat Merrill had proposed, with changes based on the Traverse City Ordinance. Petersen said he eliminated a specifically designated "district" from the language of the document. He said the distance requirements should resolve any issues that would concern most people. For example, no such business would be allowed within 1000 feet of a church, a school, a youth center, or child care facility. He told the Commission that the intent of a "district" was lost in the existing language as well. He pointed out that one of the requirements of previous draft was that no such business be allowed within 1000 feet of another such business. He said the proposed district wouldn't allow more than one such business in the district with the existing language. "A district with only one business can't really be called a district!" Petersen explained. He pointed out that the real detriment is when a concentrated block of such businesses exists. He also suggested that the neighbors in the proposed district area could rationally argue that they are being targeted by the City, and that their property values would be greatly affected should such a district locate there. Margaret Raynor echoed previously made comments stating that she preferred regulating the businesses through zoning requirements rather than placing them in a specific district. She said the zoning requirements would insure that each and every such business -- if one ever should choose to locate here -- would be done tastefully and respectfully. Petersen told the Commission he also wanted to add a restriction that would exclude sexually-oriented businesses from Business Route US-2. The ordinance, however, would allow for such businesses to locate along Cloverland Drive as well, with plan approval of the Planning Commission. "One of the points of the Ordinance," Jackie Powers offered, "Is to not exclude this type of business -- to actually give them an opportunity. If they are only allowed to be downtown all they have is basically three lots to choose from -- we almost are totally restricting them. To open it up to the highway gives them a little more opportunity." Wyssling told Powers that the public hearings held on the matter were very well attended and the vast majority of people in attendance favored a restrictive ordinance over the establishment of a specific "sex-oriented" business district. Bob Burchell pointed out that nobody from the proposed district area favored the chosen location. Rayner told the Commission that Pat Merrill originally chose that location because he wanted to locate the district on open City-owned land. The general consensus of the Commission was that no neighborhood would favor locating a specific "sexually-oriented business district" in close proximity. The Commission agreed to recommend the Ordinance as proposed except for the inclusion of provisions to restrict Business US-2 and to open up Commercial (C-3) Districts throughout the City. They also agreed to hold a public hearing on the matter on Wednesday, February 4, 2009, at 5:15 PM, in the City Commission Chambers. PROJECT UPDATES Community Development Director Dan Petersen brought the Planning Commission up to speed on several City projects that are in the works. Downtown Blueprints Program - According to Petersen the grant for the program was applied for in May of last year and was approved in June. He said that Hyatt-Palmer, the consultant for the project, was scheduled to meet with the City either later this week or early next week. He told the Commission that Hyatt-Palmer has done similar Blueprints for 36 other cities throughout the State. He said that the Michigan State Housing Development Authority (MSHDA) and the Michigan Economic Development Corporation (MEDC) have partnered to make the program possible. He explained that the Downtown Ironwood Development Authority (DIDA) would be working closely with the consultant in the near future. Miners' Mural Project - Petersen told the Commission that, so far, fifteen sponsors have stepped forward for the project -- nine people have paid for "bricks" on the mural and six people have paid to have facial portraits of family members to be added to the mural. He said the artists were shooting for 60 to 90 sponsors in order to make the mural possible. He explained that the City was accepting payments, but they were in no way responsible for generating sales or interest in the project. Economic Stimulus Package - Petersen explained that the U.S. Congress has been actively attempting to create such a package before President-Elect Obama takes office. He told the Commission that the City of Ironwood has submitted a list of "shovel-ready" projects that can be quickly engineered and implemented in the event that money becomes available. Blight Control Officer - A new blight control officer has been hired by the City. According to Petersen he started work on Monday. The new blight officer is Jason Alonen, and according to Petersen he is in the process of getting acclimated to the new position. Housing Economic Recovery Act (HERA) - The HERA bill was passed by Congress last summer. According to Petersen, money is becoming available to municipalities through this Act, and the City is working towards receiving some of the funds. Petersen said that money may be available for property acquisition and demolition of blighted residential structures. Petersen told the Commission that he has been in contact with MSHDA and he will continue to be ready to apply for the funds as soon as applications are being accepted. Before the Commission continued, Eric Lytwyniuk excused himself. Before the meeting began, he told the Commission that he had a prior engagement and that he had to leave by 6:00 PM. Before Lytwyniuk left, the Commission officially adjourned, but agreed to briefly discuss agenda items that were not yet addressed. PLANNING COMMISSION ORDINANCE John Wyssling explained to the Commission that the Planning Commission Ordinance needed to be updated due to changes that have occurred in the State law. He pointed out that the desire to change the number of Commissioners on the board is merely a coincidence. Missing from the City's current Planning Commission Ordinance are the Michigan Planning Enabling Act and the Michigan Zoning Enabling Act. According to Wyssling, these new changes are State law and the City needs to update their laws to incorporate the new State regulations. Margaret Rayner expressed concern that Ironwood's City Charter may be in conflict with the two new additions as well. Dan Petersen said if there isn't conflict, at least there is confusion, especially in relation to the ex-officio members. According to Petersen, the new Act clearly provides that the City Charter supercedes the legislation. Petersen explained the reason for the low current membership of the Planning Commission. He told the Commission that the City Commission decided not to make any appointments until a decision was made regarding the number of IPC Commissioners that would make up the board. Wyssling explained that the Ordinance could be streamlined by making changes to the Commission's bylaws. Many of the issues addressed in the Ordinance could be made part of the bylaws, thereby allowing for a cleaner Ordinance and easier changes to the Commission in the future. Wyssling went on to say that the main issue to be addressed at this time is the number of members to the IPC. Wyssling pointed out that "ideal" IPC would be a diverse group of individuals from different segments of the community. The Ordinance calls for appointments based on seven different backgrounds. Both Wyssling and Petersen suggested that suggestions to choose from these groups be added to the bylaws instead of listing them in the Ordinance. Rayner warned that it may be ideal to get members from various backgrounds, but the reality of the situation is that the City is lucky to get anyone to apply. She said even in larger communities that she has lived in, very few people actively participate in their local government. Petersen continued to describe a Commission that followed the formula set down by the Ordinance. He said, for example, if there was an opening for an "industrial" member, that member would represent the concerns of the City's industry, or a "retail" member would represent the concerns of the City's retailers. This Utopian concept would create a well-balanced Commission, however, in reality -- like Ms. Rayner stated -- it is unlikely that qualified people will step up to the plate. BACK-UP ALARMS ON SNOWPLOWS Before the "meeting after the meeting" adjourned, Sam Davey voiced a complaint regarding the back-up alarms on commerical plow trucks. He said that the constant loud beeping of the plow trucks as the back-up is disturbing to the public. He asked if there was any noise ordinance or some way that the alarms could be disabled at certain times during the night. Dan Petersen said that back-up alarms are required on all commercial vehicles, and that businesses need to get their parking lots cleared. Most commercial snow removal vendors clear snow in the very early morning because of light traffic and the fact that there are generally no cars parked in the lots they clear at that time. Petersen said he would look into the matter and see if there was something that could be done that would lead to a suitable alternative for all parties.

The IPC Agrees to Scrap Sex District Proposal