Stephenson May Hold Referendum On Zoning

By some estimates, the crowd of Town of Stephenson residents who showed up for the Wednesday, September 5 meeting pushed upwards of 275 people. Other estimates had a lower number, around 160 people. By either account, it was a large number of people who attended, mostly to listen to and express their displeasure with the last item on the agenda � “Discussion and review of Title 13 Zoning Ordinance.”

A slightly smaller standing room only crowd at the Plan Commission’s Public Hearing on the ordinance a week earlier, on Wednesday, Aug. 29, had also displayed almost unanimous opposition to the ordinance. Only two of the audience present stood in support of the ordinance when an impromptu vote was called for from the floor by one of the residents present. The Plan Commission then voted unanimously to forward the ordinance to the full board with a recommendation for approval at their meeting on Wednesday, Sept. 12. It was also pointed out that before coming to the full board it would be considered by the Ordinance/Public Safety Committee, and that group would decide if it should go on to the full board or not. Plan Commission Chair Nick Vento said they had been commissioned by the town board to prepare a proposed zoning ordinance, and he felt they had now done their job.

So it was that the proposed ordinance came to the Ordinance/Public Safety Committee on Sept. 5. After hearing many arguments against the proposed zoning and a few comments in favor, the committee approved a motion to forward the ordinance to the full town board for their meeting at 7 p.m. Wednesday, Sept. 12 with a recommendation that a referendum be held in April and that all work and spending on zoning be halted until results of the referendum are known.

Prior to the Sept. 5 meeting, a group of residents stood outside the Town Hall offering a choice of “Yes” or “No” signs printed on tiny sticky notes, along with a prepared document listing what they saw as problems with the proposed 89 page Title 13 Zoning Ordinance. The document urged people to thank the Planning Commission and Ordinance/ Safety Committee for their work, “and tell the Town Board ‘No thank you!’ The majority of citizens want to preserve our town the way it is!”

Almost everyone who entered the Town Hall was sporting a “No” sticker.

What follows is summary of what the opposition list noted as violations of their individual freedoms and property rights:

“You will have to get approval from the Town Planning Commission (who we will have to pay) and pay a fee for a conditional use permit, plus have a Public Meeting which will cost you $275.

“For a few examples: TV Antenna, Solar or Wind Systems, Park or Playground, Manmade Ponds, Temporary roadside stands � such as produce or yard sales, Rental cabins, Auto and Truck sales, Kennels/horse stable (Page 14, Kennel: you cannot have more than 5 adult animals indoors or out � this includes chickens.

“Page 45, Animals allowed to pasture or run must be fenced in to keep them confined; Keeping chickens or other fur bearing animals intended for slaughter is not permitted unless on an existing farm with 10 acres and requires a conditional use permit, which means people can’t even raise chickens for personal consumption;

“Greenhouse water storage, camping and camping grounds; Home occupations such as baby sitting, dressmaking, canning, crafts, beauty shops, includes home based-off site sales for things like candles, cosmetics, cookware, etc.; You will not be able to work or run a business out of your garage or home; there will be restrictions on building height and land uses.”

The document then urged people to view the document for themselves at HYPERLINK “http://www.stephensonwisc.com/”http://www.stephensonwisc.com/ and look for Title 13, Zoning Ordinance.

Town Chairman John Konopacki began the meeting itself with a history of how the ordinance proposal came into being. He said that the Planning Commission was given the duty of establishing a zoning ordinance back in 2009 after a survey showed a majority of property owners favored land use control. This ordinance was the result of their work after many years of meetings. He spoke against the accusation that the Commission was trying to force it through the Town Board. He said that the Planning Commission did vote to send it to the Board.

Konopacki said that after listening to the input at the recent Public Hearing and Planning Commission meeting, he was going to recommend sending it back to the Planning Commission, which meets again on September 27.

Konopacki said he was well aware of requests for a referendum on the matter as early as the November elections, but State Statutes require at least 70 days notice before the vote, and therefore will not allow it.

He saw two options: No. 1, sending out a survey on the matter to all town property owners, or No. 2, holding a referendum in April on the same day as the Spring Elections. As a third option, he suggested, they could send the proposed ordinance back to the Plan Commission with a request that they address the concerns raised by the public.

Supervisor Mike Kudick then asked the people in attendance to speak, if they so desired. Nineteen residents desired. What follows is a synopsis of their comments.

A resident asked for a standing vote of those in attendance who were against the proposed Zoning Ordinance, and almost everyone in the room stood.

Another stated there was no point in the matter going back to the Plan Commission since it was his opinion that they wouldn’t listen anyway.

Another resident asked who was on the Planning Commission? Nick Vento, Chairman of the Commission listed the names of the people on the Commission. They are, in addition to himself, Dave Anderson, Wilt Carvenough, Larry Engebos, John Karweick, John Konopacki, and Jim Liska. Town Clerk Elaine Olson serves as secretary. (Only Vento and Secretary Kathy Ellis are listed on the Town web site, and Ellis no longer serves in that position.)

Vento said they name two members each year, and are always looking for new members.

Former Plan Commission member Amy Shaffer spoke of her experience and how she was not returned to her position even though she had made it known she wanted to remain on the Commission. She felt she was denied reappointment because she expressed opposition to zoning and suggested alternative ways of handling some of the problems.

“You wouldn’t play ball so they threw you out of the game,” someone sympathized from elsewhere in the room.

Another resident commented that the whole matter of a zoning ordinance should have been stopped by the Town Board long ago. He felt many of the people who moved into the town had done so to get away from restrictive city-type zoning regulations.

Several felt the proposed ordinance goes “way overboard.” There was much concern over a huge number of properties, many of them businesses, that would be declared “non conforming.” Non-conforming properties are “grandfathered” which means their existing use can be continued as long as the current ownership continues, but if there were any sale of the property or passing it along to heirs, the town board could decide to allow continued non conforming use, or deny it. Meanwhile, many said that expansion, improvements and obtaining mortgages for non conforming properties would be difficult to impossible.

Another voice asked that those present be allowed to vote on the matter. Konopacki declared that such a vote would violate open meeting laws, and would also be illegal and non-binding.

Supervisor Mike Kudick then spoke about a survey that was sent out back in 2009. The results of that survey led the board back then look at simple zoning. In his opinion, he felt the present proposed document went a little too far, but he did appreciate the time and work the Commission put in on it. Kudick then suggested holding a referendum on the matter.

A resident pointed out that problem with a referendum was that not all property owners live in the town and nonresident property owners would not be allowed to vote on it.

A resident also stated that the survey of 2009 referenced by Kudick wasn’t asking for something as invasive as the one proposed. A business owner said he was sure he had said “yes” to some of the suggestions on the survey regarding land use, “but I never conceived anything like this!”

Another added that the town residents have a history of “shooting down” prior attempts at zoning ordinances. This resident then called again for a special meeting.

Several speakers recalled that during the process of developing the town’s “Smart Growth” plan townspeople were repeatedly told they were not planning to enact zoning. Zoning ordinances had been voted down by town residents by wide margins on two prior occasions.

Another stated there were no hard feelings against the Plan Commission or the people involved with proposing the ordinance; it was just that the majority were against zoning and the impact it would have on their right to use their properties.

When Konopacki suggested sending out another survey, perhaps with the property tax bills and taking the results to formulate a compromise of some sort, the crowd booed him loudly.

There were repeated calls for the Town Board to yield to the will of the people and just get rid of the proposed zoning ordinance right now.

One speaker cautioned against a survey. She said she had looked up the wording of the 2009 survey, and the questions were designed to get exactly the response that those who favored zoning and land use control wanted. She asked who would be in charge of questions if the decision was to do another survey, and urged they not have it done by Bay Lakes Regional Planning or UWEX people. She suggested a committee made up of local residents, half on one side of the issue and half on the other. She said even referendum questions need to be worded carefully to not influence the answers.

Another question asked that if the ordinance were passed, who would enforce it? The question was followed by comments that many of the existing town ordinances aren’t being enforced right now, with specific ordinances mentioned.

Konopacki answered that a zoning ordinance would be enforced by a Zoning Administrator.

Shaffer commented that “on the slippery slope of zoning,” if any is allowed, no matter how small, it would lead to increasing restrictions being brought in by more zoning ordinance changes.

A resident then asked the three members of the Town Board present at the meeting for their thoughts on the matter. Kudick was already on record as being against the zoning ordinance. Supervisor Joe Banaszak would not answer, stating only that he was still considering it. Konopacki said that he favored some parts of it, but found other parts not to his liking.

A younger resident of the Thunder Mountain area commented that if the ordinance was passed, it would take away his homestead rights and remove his ability to raise food for his family, and that he saw the zoning ordinance as a crime against America. He said they home school their children and raise much of the food for their family on the property they own, which they could no longer do if the ordinance is enforced.

Another resident worried about any survey being proposed could possibly contain bias like the last one (2009) did. She suggested a committee be entrusted with writing the survey be made up of half for the ordinance and half against it. She then came right out and asked the board members present why they didn’t want to stop this ordinance right then and there at the committee level because they certainly had the ability to do so.

Konopacki said if they did another survey, and if it came back that the citizens did not want zoning, “the town board would take that under consideration.”

Konopacki responded that he didn’t have a problem with stopping it, but that he was concerned about the money already put into its formation and writing. That response drew calls from the audience that money already spent on something they did not want should not be followed with more money.

Kudick then moved to put the ordinance on hold until after a survey or a referendum on the matter, with a preference for an April referendum. Banaszak seconded the motion, and it was passed.

Before recessing the meeting for a brief break before going on with other business, Konopacki asked the residents to go to the town web site, download the proposed ordinance and study it. He also reminded residents of the upcoming meeting schedule.

During the meeting, there seemed to be a great deal of confusion as to whether or not an actual ballot referendum would be legally binding on the Town Board. Kathy Brandt, Marinette County Clerk, answered that question by stating that some referendums can be legally binding, such as a referendum which specifies fiscal matters like raising the tax levy. However, it was her understanding of the law that a ballot referendum of the type spoken of at the Stephenson Town meeting in reference to a Zoning Ordinance would not be legally binding on the Town Board.

There were also numerous calls from the audience for a special Town Meeting. As opposed to a Town Board meeting, at which only elected board members have an actual vote, votes by residents at special town meetings are binding on many issues.

By the weekend there were petitions being circulated for a Special Town meeting, and talk of recall possibilities.

With the hot topic of the evening handled the town board committees returned to their agenda.

They heard a complaint from a citizen who lives on Airport Road about noise caused by corn dryers on a neighboring farm three months out of the year. They felt that noise was hurting the value of their property. Although the subject was discussed at length, no action was taken other than a discussion with the corn dryer owners to see if they could do something about the noise. There was a suggestion that in the city walls are sometimes built to separate traffic noise from residences.

The committee agreed to recommend to the full board that anything costing over $5,000 must be put out on bids.

The committee supported a recommendation of the Plan Commission that Certified Survey map requests include a large copy.

A change in the ordinance controlling private roads and driveways was approved for consideration by the full board on Sept. 12. The ordinance regulates things like easements, driveway width, overhead clearance, and surface material.

A flyer urging everyone to attend the meetings, starting with the Public Hearing on Aug. 29 and ending with the Sept. 12 Town Board meeting had been delivered to most town residents, but the source was not ascertained. The notice carried the information that contrary to many reports, zoning is not mandated by the State of Wisconsin, and that the Plan Commission was working on zoning maps that specify how each individual property will be zoned.

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