Trails, Gravel Pits, & Site Plans Discussed by IPC

IRONWOOD, MI - Thursday, September 03, 2009 - Yesterday's Ironwood Planning Commission (IPC) meeting was scheduled to be held in the Community Development Conference room, however, due to the large crowd that showed up, a change of venue was necessary.

The meeting was moved to the Women's Club Room, and at 5:30 PM, IPC Chairman John Wyssling called the meeting to order. IPC Secretary Jane Bowman recorded the roll. All Commissioners were present except Deb Bowles who was excused.

After minor changes were made to the August 12, 2009 Public Hearing/Special Meeting Minutes, both the August 5th and August 12th Minutes were approved by the Commission. On the last page of the August 12th Minutes, Jackie Powers requested that the word "trail" be replaced with "Caves."

The docket was unanimously approved by the Commission without changes or additions.

Community Development Director Dan Petersen presented the Commission with Project Updates. The Master Plan, according to Petersen, is moving ahead nicely, and the Blueprints Project for Downtown Ironwood has been added to the Plan. When asked about the status of the skatepark, Petersen explained that the Michigan Department of Natural Resources is reviewing the bids for equipment, and as soon as they approve the bids, the funds will be released. Petersen admitted that it is unlikely for the park project to see any progress until spring, however.

Petersen asked the Commission if they would like to have the Planning and Zoning News magazine renewed. The Commission told Petersen that it was informative and helpful, and Petersen said he would renew the subscription.

Morgan Grasso pointed out the entire SISU Ski Fest trail route for the upcoming cross country ski race in January. He pointed out that a little more than three miles of new trail would be established in the "Caves" area. This trail would be approximately 15 feet wide. He said approximately 35 mature trees would need to be cut and some ground would need to be excavated to complete the trail.

Jackie Powers, questioned the Commission as to whether or not a Site Plan would need to be submitted and approved since City Ordinances require a Plan any time there are changes to the landscape of "open land" within the City.

Bob Burchell said he read the description of the requirements for a Site Plan and he admitted it appeared that a Site Plan would be in order. He said, however, that the language in the description was vague and it didn't state cleary what changes could be made without a Plan. He asked if cutting one tree required a Site Plan. And, if it didn't how many trees needed to be cut before one was required.

Eric Lytwyniuk asked how many people the race would bring into the area. Grasso said the organizers were planning on between 200 and 500 racers. Lytwyniuk said he would approve the route based solely on the potential positive economic impact the race would have on the community.

Jackie Powers pointed out that the Commission's duty wasn't to consider the merits of the race. Their duty was to make sure the zoning and planning rules were followed. Changing the landscape without considering issues like run-off, erosion, wetlands, and drainage would be irresponsible and could result in serious problems for the City. She said the Commission's job was to follow the City's Ordinances and State Laws in all cases.

LeRoy Johnson said the City Commission has already approved the trail route, and they have given permission to the organizers of the Ski Fest to use the land. He said considering the organizers do not own the land, they would not have the authority to pursue a Site Plan.

Tom Bergman asked that the trail be designated as a non-motorized trail only. He said it would be the only trail in Ironwood to be specifically designated as such. He said it would prevent erosion and damage to the trail, which in turn, would help to insure that the SISU Ski Fest would be a success.

Kim Kolesar asked the the trail be designated as multi-use.

Amanda Sprague told the Commission that she recently visited Boulder Junction. She said there were trails for motorized sports and trails for non-motorized sports throughout the area. She said trails were clearly marked for either motorized or non-motorized, but she thought it was foolish to believe that multi-use trails could safely co-exist. She suggested that anyone foolish enough to ski on a multi-use snowmobile trial had better have a good life insurance policy.

Pam Kauppila, director of the SISU Ski Race, asked the the Commission weigh in the economic benefit and focus on what's best for Ironwood. She said the conflict between the motorized v. the non-motorized sports was not likely to end soon. She asked that the Commission approve the trail so that the race can be held in January.

At the most recent City Commission meeting, City Manager Scott Erickson pointed out that a Site Plan and Public Hearing was required anytime changes were made to the landscape of "open land." This reporter asked the IPC why no Site Plan or Public Hearing was ever required when Wal-Mart general contractor Moyle Construction was permitted to dump hundreds of truckloads of stumpage, construction waste, and fill on the very same property. I also asked if a Site Plan was ever submitted for the skatepark which is also on public "open land."

The IPC voted to approve the trail route as described at yesterday's meeting. Jackie Powers voted not to approve the plan without a Site Plan as the law requires.

Several citizens raised objection to the storage of gravel, fill, sand, dirt, asphalt and other materials on the old trailer factory lot surrounded by Midland Avenue, Greenbush, Francis, and Curry Streets.(See Photos Above)

Mr. and Mrs. Ed Martinson told the Commission that whenever a southerly wind passes over the dirt piles their house is filled with dust and dirt. They said they cannot even open their windows when the wind blows from the south. They said, likewise, homes on the other side of the lot have problems when the wind is out of the north. They told the Commission that piles as high as 15 to 20 feet fill the lot, and the number of piles is growing day-by-day. Ed Martinson expressed concern for wetlands in the area, and he said he worries about any contaminants that may be in the dust that they are forced to breath.

According to Donna Martinson, she first complained about the problem back in May. Scott Erickson said he'd look into the problem. She said she asked again in June, and nothing was ever done. She said the very day she complained, more dirt was piled in the lot. She said it was like a slap in the face to be ignored and to have this situation continue without any effort whatsoever to investigate it.

The Martinsons said that kids routinely play in the dirt piles, and often tunnel into them. They said the piles are an attractive nusiance, and they fear someone could get hurt if a pile collapses. In addition to the storage of these materials, Martinson said the land has been used as a landfill. Construction debris, chemicals, and other potential hazards have been buried on the property according to Martinson.

Michael Kusz told the Commission that he appreciates the fact that people have complaints. He said many might not be happy with what goes on, but the land is zoned industrial, and the property owners are well within their rights to use the land in the manner it is being used. Kusz said that due process isn't being used in the complaint because no zoning violation has occured.

Several other neighbors voiced concerns about the stockpiling. Property values and increased taxes were discussed as well as safety and health issues.

Gary Kuklenski, Cloverland Excavating, addressed the Commission stating that the dust wasn't necessarily from the piles of gravel. He suggested that most of the dust was from the roads and the sides of the roads.

Dan Petersen told the Commission that he went and visited the Site and he felt that there were no violations present. Jackie Powers pointed out that the law required that any materials stored within 100 feet of a parcel zoned other than industrial would need to be enclosed. Petersen said the distance was farther than 100 feet. Powers asked if he measured it. He said that he had not.

In the end, the Commission decided that this issue wasn't something that the Planning Commission could address. If there is a violation, then an administrative officer of the City would need to address it. If the City Manager refuses to act on a complaint, the next step for the group would be to bring the matter before the City Commission.

Mr. Mark Palmer asked the Commission to consider selling surplus property without a two year reversionary clause. Lily Palmer was in the audience and she told the Commission that her father wanted to develop the property, but it would be costly to bring in water and other utilities. She said it may take longer than two years to get the job done. The Commission suggested that he purchase the property and ask for an extension if he needs it before the two year limit is exceeded. They said as long as there is progress, they have in the past and will in the future allow the owner more time.

Dan Petersen told the Commission that Auto Value Auto Parts at 403 Cloverland Drive has purchased and razed the house behind their building and have leveled the ground to make a parking lot for their workers. (See Photos Above)

Amanda Sprague expressed concern that her son's playset was four feet from where the new pavement. She also said the use of the property has changed as has the appearance. She noted that several trees were removed, and that the gravel as it sits on the lot diverts run-off water into her backdoor neighbor's lot. She expressed concern that her neighbor's basement would get flooded in the spring after accumulated snow melts. She said the safety of her child, a fence and drainage were her main concerns.

Robert Sellhausen, Manager of the Auto Value, told the Commission that a fence will be erected. He said that the parking lot would be for workers only. The Commission pointed out that any lot meant to accommodate five cars or more required a Site Plan review. When asked how many employees his store had, he indicated that he had five employees.

The Commission decided that a Site Plan would be appropriate for the project. The Plan could examine drainage, lighting, fencing, and issues.

John Wyssling asked the audience if anyone wished to address the Commission on non-agenda items. There were no takers. In addition, there was no other businesses suggested by the Commissioners, so the meeting was adjourned.