ZONING COMMITTEE MINUTES
JANUARY 9, 2007
Chairman Willingham called the regular meeting of the Rusk County Zoning Committee to order at 2:00 P.M. in the LawEnforcementCenter at the Rusk County Courthouse. Members present were Willingham, Mai, Costello, Schneider, and Taylor.
Costello/Mai motion to approve the Recycling minutes. Approved.
Motion by Costello/Schneider to approve the zoning minutes from December 13. Motion carried.
Motion by Costello/Schneider to pay the bills. Motion carried.
Recycling report: Stencil asked the committee about C. Johnson attending a conference on February 21-23 that was previously approved for Stencil. The committee left it up to Steward as the Department Administrator to decide on attendance. Stencil then asked if C. Johnson should attend the committee meetings in the future or submit a written report. The committee felt she should attend and give the report. Citation authority will remain with the Zoning Administrator. Stencil then presented pictures of the recycling sites in the Village of Ingram and at the Town of Willard. The municipalities will be receiving letters to bring the sites into compliance. Schneider will schedule a party for Stencil, since she will be leaving employment at the end of January.
CSM review: Niederhauser 2 lot map in the Town of Willard. This map was before the committee in November and December. It is before the committee for informational purposes only.
Steward told the committee about a Planning and Zoning seminar that is being held in Stevens Point on January 22. The Northwest District Zoning Administrators plan on holding the same conference in Haywardduring March. All committee members expressed interest in attending. Steward will let the committee know when a date has been set.
J.D. Kirkman was present to discuss retaining walls within the shoreline setback area. Kirkman felt sections of the ordinance conflicted with one another. He was concerned about Section 5.1(a), 17.65 and 11.2(g). Kirkman wanted to have the committee tell him what possible language they would be interested in. There was lengthy discussion regarding why there is a setback for retaining walls, the need for retaining walls in regard to erosion control, and possible ambiguous language in the current zoning ordinance. Steward informed the committee that the DNR will have to approve any changes and may challenge the ordinance if retaining walls are a permitted use within 75’ of the water.
Chairman Willingham recessed the meeting for a site visit of the Nitek property at 4:00 P.M. The meeting was reconvened at 5:30 to hold the public hearing for the Nitek request. Willingham called the public hearing to order at 5:30 P.M. The purpose of the hearing was a conditional use request by Jacquelyne Nitek in regard to allowing a campground and commercial establishment on her property in the Town of Willard. Steward read the notice of public hearing which was posted per the requirements of a Class II notice. Willingham explained to the public in attendance the process that would take place with regard to testimony during the public hearing. The committee would listen to the applicant explain their proposal, and then would take testimony in favor and in opposition of the proposed conditional use.
Jacquelyne Nitek presented the plan for the shower house/convenience store, the campground layout and the ski trails. She used the maps to show the committee what areas would be part of Phase 1 and Phase 2. Steward asked her to explain the sanitary plan. Nitek explained that they have permits for the septic. They plan to first install the dump station for the campers and then the conventional system. James Nitek said they intend to proceed with Phase 1 this year and Phase 2 in 2008.
Willingham asked for anyone present to speak in favor of the application. Chris Olson spoke. Olson stated that he bought property here 5 years ago next to the Nitek property. He was with the Niteks when they had to move the building and has been to Jimmy’s World. He stated the Niteks have been good to him and his wife and he thinks they are good people.
Willingham asked for anyone present to speak in opposition. Jeff Hayden spoke. Hayden showed the committee aerial photos of the property and a topographical map indicating the floodplain. Hayden said there are many violations and problems with the Army Corp., DNR, Zoning, Public Health, and erosion control. Hayden has lived here for 25 years and is aware of problems from the past. His property has been damaged and vandalized over the last 5 years. Hayden feels that a campground would not be compatible with the surrounding land uses and reminded the committee that domestic uses are generally preferred.
Steward explained a letter written by Tom Aartila regarding shoreland zoning boundaries on the Nitek property.
Duane Taylor was present to speak in favor of the application. Taylor explained that he lives on AmacoyLake and has been in business for 41 years. Taylor owns Taylor’s Resort, Amacoy Golf, and the Wonderspot Resort. He said he is biased because he is interested in tourism and expansion. Any new facility is an asset. Taylor said the committee can’t judge people on what they have done or what they might do. He understands that the committee has a tough decision because he used to be on the Zoning committee. He told the committee they could revoke their permit if they don’t meet the conditions of the permit.
Pam Hayden was present to speak in opposition to the application. Hayden explained that the Niteks have been building the campground since 2001. They have repeatedly failed to meet timelines set by the committee. The area is farmland and Hayden feels more farmland would be more of an asset to the area. Hayden stated the Niteks don’t follow the rules and said there was a sign posted at the gas station asking people to come to this meeting and support free enterprise. Hayden stated her property has been damaged and that the ATF agents served a search warrant on the property and that there are charges pending in regard to alcohol and gambling violations and that 6 pages of evidence was listed by the agents. Hayden asked the committee to please vote no.
Jason Gillis was present to speak in favor. He said he has heard a lot of things about the Niteks tonight. He asked Steward if what happened in the past is a standard for the committee to consider. Steward said he would have to answer yes. Gillis again stated that he is in support.
Phil Lukowicz was present to speak in opposition. Lukowicz lives on Whispering Pines in the Town of Willard. He said that problems began to surface in 2000. A pavilion was granted a permit and turned into a tavern in defiance of the county and state laws. A permit for a campground was revoked in August of 2006. The committee doesn’t know what is out there regarding violations and which ones haven’t been taken care of. The ATF enforcement unit seized booze and gambling machines. Lukowicz told the committee they should not take the situation lightly and that vandalism has been a problem. Lukowicz said the teepee caught fire and that the Niteks lied when they stated in the paper that the building hasn’t been used as a bar since 2004. He objected to the town board passing the problem on to the Zoning committee. He is opposed to the request.
Bob Rosolowski spoke in favor. He explained that he is the Vice-President of the Snowmobile Association and the Conrath club. He stated the club was issued a picnic permit to sell beer at a turkey shoot fundraiser. There will be a lot of people in the area to work on the pipeline and they will need a place to park campers.
Laura Nelson spoke in opposition. She stated that she lives in the Town of Grow and that water used to flow right across the proposed campground site prior to the Niteks filling and grading the area. The land has been altered and they have made the drainage unnatural. They were recently investigated for selling alcohol and she doesn’t think RuskCounty wants to attract the type of people who don’t follow the rules. She is upset about the bar and has heard about the tip jar. Nelson feels the Niteks are taking money away from legitimate businesses that pay sales tax revenue. They have continued to disobey the laws and had liquor, gambling machines, and a cash register in the building. Laws are there for a reason and the committee is here to protect them too.
Jim Edming spoke in favor. Edmingstated that he lives in Glen Flora and is a business owner. He reflected on starting a business in his uncle’s garage. He started his pizza business in the back of the garage. Artisans started their business in a milk house. Edming said the Town of Willard could probably use the tax base. He explained that when he and a group of motorcyclers stopped at the bar during their toy run, the money was put in the tip jar for their donation to the toy drive and that it was their biggest contribution on the day. Edming said he is speaking in favor of the granting of the permit. He stated he has never been cheated by the Niteks.
There was no one else present to speak against.
Jim Styczinski spoke in favor. He stated that he lives in Conrath and has not had vandalism problems and is in favor of the granting of the permit.
Rachel Rosolowski spoke in favor. Rosolowski explained that a neighbor has been busted for selling Meth, and that maybe that could explain the vandalism in the area. She has not personally had any problems with her home being broke into. She agreed that the tip jar was there for money for the toys. She has held birthday parties for her child at the location and it is not a bad place. It is a fun and safe place for families.
SofiaWyler spoke in favor. She said everyone should be happy to get income into the Town of Willard. Wyler said the problems started with the neighbors and we should be glad that someone has the nerve to try something new.
Tony Zeisler asked to speak without being considered in favor or against. Zeisler explained that he lives in the Town of Grant and has watched the community stay the same for the last 20 years. Hayward is booming because personal issues aren’t considered in SawyerCounty. He felt the restrictive zoning has held RuskCounty back. He asked the committee to allow businesses to flourish and get tax base into the township.
Jack Dutter was present to speak in opposition. He said if you ask the people who live around CountyFest if they like it, they would tell you they don’t. Whether you are in favor or against depends on if you have to put up with it or not.
James Nitek spoke and stated that when this first started, he did what he could legally. He was told to move the building out of the floodplain and he didn’t like it, but he moved it. He is tired of the nonstop fighting regarding this request and is in favor of the committee approving it.
Duane Taylor asked how much money the Niteks have invested in the project. Nitek answered that he thought it was $87,000 to Cooper Engineering for the floodplain study and $5,000 for the campground plans. They also moved concrete and electricity and have permits for the septic.
James Nitek stated they had hoped this campground would be their retirement. It has been hard on everybody having to fight his issue. He gave the committee papers signed by people who stated they were in favor of the proposal.
Chris Olson said people have brought up the booze which was found at the building. He explained that he held a retirement party there in November and that he purchased the alcohol.
Pam Hayden stated she lives in the Town of Marshall. No one has asked them how much they have spent on the damage to their property. She disagreed with having this area for music festivals when another site is being planned in Glen Flora. She questioned how people would be kept off neighboring properties.
Duane Taylor spoke in favor and apologized to Cliff Taylor for negative comments that were not intended for Cliff, but most likely for him.
Laura Nelson stated it is irrelevant how much money has been spent. They are selling alcohol without a license, which is a felony. Fines and tickets don’t seem to faze them. A dispatcher couldn’t hear a complainant because the noise was so loud.
Bob Rosolowski said he was an alcoholic and hasn’t had a drink in 13 years. He enjoys going there to meet with friends and shoot pool.
Jason Gillis said the Niteks have not been charged with anything and are presumed innocent.
Tony Zeisler said if it took him six years to get a permit, he would move to Hayward.
James Nitek said the land was Ag and they had that changed to commercial with the Town of Willard.
Jeff Hayden said the proposed plan is not a domestic use and he doesn’t feel it is compatible with the surrounding land.
Steward read letters in opposition from Jack & Genevieve Dutter and Ed & Ollie Siozkowski. There being no further testimony, Chairman Willingham closed the public hearing at 7:04 P.M. The committee took a recess from 7:04 P.M. to 7:10 P.M.
Discussion on tabling the decision until next week to property deliberate. Steward will prepare a list of resolved and pending issues related to the zoning department.
Motion by Schneider/Taylor to postpone a decision until the committee meeting on January 22, 2007 at 5:30 P.M. Motion carried.
Willingham adjourned the meeting at 7:25 P.M. and said they would take up the remainder of the agenda on January 22, 2007.
Yvonne Johnson, Secretary