Cedarburg to appeal rooming house decision

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TUESDAY
MARCH 3, 2015
$1
Volume 133 Number 17 • 2 Sections 16 Pages
County
Ozaukee
OZAUKEE COUNTY’S NEWSPAPER
Going to state
Coyote report
Evan Gabel scores goal in
double overtime as
Cedarburg tops University
School of Milwaukee.
Mequon is getting closer
to deciding what action it
will take to deal with
coyotes.
Page B7
Page B1
Cedarburg to appeal
rooming house decision
City stands by position that
they cannot be located in
residential neighborhoods
News Graphic file photo
The Ozaukee Interurban Trail was cited by the Wisconsin
Public Policy Forum as one of the county’s recreational assets.
Study: Ozaukee
amenities
self-sustaining
By Denise Seyfer
News Graphic Staff
CEDARBURG — The Cedarburg Common Council voted
unanimously last week to appeal to the state Supreme Court
a Wisconsin Court of Appeals ruling that allows tourist
rooming houses in residentially zoned areas of the city.
“We chose to pursue the additional action to uphold the
true intent of our ordinances, which do not allow this type
of business to exist in a residential neighborhood,” said
Cedarburg Mayor Kip Kinzel. “If the state Supreme Court
does not rule in our favor, we will need to collect the rooming
taxes to keep the treatment of all rooming businesses consistent.”
The city has until Friday to file its petition. The owners of
two rooming houses on Sheboygan Road – Jim and Cathy
Radmann of the Castle of the Cedars and Sandra Desjardin
of the Lannon Stone Cottage – will also have an opportunity
to respond to the petition before any decision is made, said
city attorney Michael Herbrand.
Tourist rooming houses are different from hotels because
they offer no amenities, such as meals or maid service, and
they are not a bed and breakfast, because the owners are not
required to live on the premises.
“The city continues to use taxpayers’ money to fight
something that is a positive-added benefit for people who
live in and visit Cedarburg and impacts the use of only
two properties,” Cathy Radmann said. “There are so many
things our government could be doing with these funds to
See APPEAL, Page A6
Chili today, charity tomorrow
By Dave Fidlin
News Graphic Correspondent
OZAUKEE COUNTY — With a strong tax base and an array
of public-private partnerships in place, Ozaukee County
stands poised to fund its existing cultural and recreational
amenities, according to a nonpartisan organization’s
recently released study.
But if there is a desire to expand the offerings at such
venues as the Ozaukee County Historical Society, a new
funding source would likely be needed, according to officials
at the Public Policy Forum, a Milwaukee-based nonprofit
research group that analyzes government at all levels.
Last year, PPF spearheaded a study centered around the
See STUDY, Page A6
A law with more
bite than bark
Mequon may
toughen
ordinance dealing
with vicious dogs
By Gary Achterberg
News Graphic Staff
MEQUON — Mequon
Common Council members
are considering putting
more teeth in an ordinance
to deal with vicious dogs.
Members of the city’s
public safety committee
INDEX
Business . . . . . . . . . . . B5
Classifieds . . . . . . . . B6-7
Community . . . . . . . . . . B4
Crossword . . . . . . . . . . . A5
Milestones . . . . . . . . . . A5
News . . A1, A3-4, A6-7, B7
Obituaries . . . . . . . . . . . A6
Ozaukee People . . . . . . . A2
So. Oz. . . . . . . . . . . . . A8, B8
Sports . . . . . . . . . . . . B1-3
heard from several residents
and discussed a draft ordinance aimed at cracking
down on dogs considered to
be vicious or otherwise pose
a threat to people and their
pets.
After an hour-long discussion Thursday, the threemember committee directed
the city attorney to make
some revisions in his proposal and bring it back for
more discussion.
The initial version of the
ordinance adds language
See DOGS, Page A7
Photo by Mark Justesen
Volunteers prepared more than 400 chili lunches Friday as part of a benefit for Family Sharing of Ozaukee County. Area businesses ordered chili and the fixings for their employees as part of the 2nd annual Chili Box Lunch Sale, which was sponsored
by The Providence Place, Hospice Advantage, Heritage, Comfort Keepers and Digital Edge. Grafton companies Ram Tool and
Kapco placed extra-large orders for their workers, helping to triple the number of total orders from last year.The food was
prepared by chef Jason Collins of the Bunkers restaurant at Edgewater Golf Course in Grafton.The proceeds will go directly toward purchasing food for their food pantry. Above, Family Sharing Executive Director Jorjan Loos, second from left,
helped prepare the lunches at The Providence Place.
News Graphic earns Wisconsin Newspaper Association awards
Five awards given for
writing, photography
OZAUKEE COUNTY — Reporters and editors for the News Graphic were recognized for
excellence in the 2014 Wisconsin Newspaper
Association Foundation Contest.
The awards were presented during the
WNA’s annual conference, which took place
Thursday and Friday at the Milwaukee
Marriott West Hotel in Waukesha.
The News Graphic’s award winners are:
■ Kay Dahlke, first place for headline writing
and second place for headline writing.
Winning headlines included “Gimme
Shelter” for a story about a rain-soaked
Paramount Blues Festival, “Magical history
tour” for a story about the Cedarburg Cultural
Right, Mark Justesen’s
photo of an eerie
pedestrian signal was
taken at a Grafton
intersection.
Center’s Architectural
Treasures Tour and
“Radio-active” for a
story about local ham
radio operators communicating with lighthouses around the
world.
Headlines in the second group were “Seniordipity” for a package on a senior talent competition, “Pedal to the medal” for a story about the
Grafton High School Auto Hawks and “Snow
much fun!” for a package on the Cedarburg
Kay Dahlke’s winning headlines included one
about a rainy Paramount Blues Festival and the
Cedarburg Cultural Center’s Architectural
Treasures Tour.
Winter Festival.
■ Gary Achterberg, third place in the Open
Records/Freedom of Information category for
See WNA, Page A6
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NEWS
Page A6 / News Graphic
DEATHNOTICES
Mary Kathleen
Barela, 74
daughter Elizabeth and
Kathy Kenyon Barela of
together, with what seemed
Cedarburg passed away on
like an endless
Feb. 23, 2015, at age
source of
74. Kathy was born
inspiration, used
to Albert and Mary
their creativity to
Kenyon on Jan. 10,
design whimsical
1941.
fabric sculptures.
Kathy was the
Kathy’s fabric
beloved wife of
sculptures of
Benjamin Barela.
Amish figurines,
Loving mom to
snowmen and
Elizabeth Steinike,
clowns are known
Mary (Dan)
Barela
across the country
Freeman and
and can be found
Dianne Budd. She
in many collectible shops.
adored her grandchildren,
Justin, Lindsey and
Kathy’s favorite part of
Elizabeth Steinike, Erik
the business was having
and Ben Freeman, Sylvia
her entire family involved.
and Samantha Johnson,
Her husband Ben ran the
George Budd (preceded in
business end of her
death) and Rachel and
endeavor, always moving
Henry Budd.
forward with new clients.
Kathy spent her early
Her grandchildren were all
childhood growing up in
involved at some point,
Des Moines, Iowa, and later
helping with the sculpting
moved to Tucson, Ariz. It
process, painting, sewing or
was there, in Tucson, she
with many of the other
was united in marriage to
detailed pieces needed to
Benjamin H. Barela of
complete a sculpture.
Santa Fe, N.M.
Outside of her business,
Kathy, in her early adult
Kathy’s most favorite
years, could often be found
family affair was always
volunteering with Pilletts, a The Great Circus Parade in
pharmacy organization
downtown Milwaukee.
that worked on raising
There, her daughters Mary
funds to be awarded as
and Dianne, and even sonsscholarships. While in
in-law Mike Steinike, Dan
Tucson, Kathy also
Freeman and Dennis Budd,
volunteered with her
helped sell the “Beenie
children’s schools and 4-H
Collectibles” created
clubs. When her children
specifically for each parade.
were a bit older, she started
Even father-in-law Bill
using her sewing talents to
Steinike helped sell.
design and create outfits for
Kathy loved her family
Budweiser that could be
and
her extended family.
seen then in many parades.
She was always happiest at
In addition, she helped
family gatherings. In
design and create uniforms
addition to family, Kathy
for the Doubletree Inn, a
enjoyed socializing with
hotel chain, when the
her friends over a good
company was first getting
Bridge game. Throughout
its business started. Later,
the years, Kathy formed
after moving to Cedarburg,
many lasting friendships.
she continued to volunteer,
Kathy will be sadly missed
using her gift for sewing as
by her family and her many
a 4-H leader in Ozaukee
friends.
County. With great joy, she
Funeral services will be
passed on her gift of sewing
held Friday, March 6, 2015,
to four of her
at St. Francis Borgia
grandchildren.
Church North, Cedarburg.
Kathy eventually started
Visitation will be from 3
her own business, Barela
p.m. to 4:45 p.m. with the
Collectibles. Kathy took
great pride and found joy in service to follow at 5 p.m.
For online condolences,
Barela Collectibles because
please go to www.muellerit was truly a family
funeralhome.com
business. Kathy combined
her talents with her
To submit an obituary
The News Graphic publishes obituaries on
Tuesdays and Thursdays. To submit an obituary,
please
email
it
to
Lisa
Curtis
at
lcurtis@conleynet.com and Kay Dahlke at
kdahlke@conleynet.com. A photo may also be
emailed. The News Graphic charges $50 per
obituary for those less than 600 words in length
and $100 for those that are 600 words or more.
To view News Graphic death notices
online, please go to www.gmtoday.com
PUBLIC MEETINGS
Wednesday, March 4
Ozaukee County Board: 9 a.m., Room A-204 of the Ozaukee
County Administration Center, 121 W. Main St. in Port
Washington
The
meeting
agenda
will
be
posted
at:
www.co.ozaukee.wi.us/agendacenter
Cedarburg Town Board: 7 p.m., Cedarburg Town Hall,
1293 Washington Ave.
The
meeting
agenda
will
be
posted
at:
www.town.cedarburg.wi.us and click on the drop-down menu
for e-Government.
Monday, March 9
Grafton School Board: 7 p.m., Grafton High School library,
1950 Washington St.
The
meeting
agenda
will
be
posted
at:
www.grafton.k12.wi.us and click on “Board of Education” in
the right column.
Tuesday, March 3, 2015
Appeal: Owners say no laws prevented rooming houses
Continued from Page A1
enhance our thriving city. We are disappointed that the
city has chosen to waste the funds by continuing to
challenge every decision.”
Several residents who live on Sheboygan Road next to
the tourist rooming houses stated they supported an
appeal going forward.
Matt Rose, who lives on Sheboygan Road across from
the houses, thanked the council for all their actions
against the rental properties.
“I would encourage you and advise you to take the issue
to the Supreme Court level,” he said, noting he is
disheartened not knowing who he lives next to. “We live in
a residential district, not a business district.”
Paul Rushing, who also lives on Sheboygan Road across
from the vacation homes, said he spoke with the
Radmanns and they “swear up and down it is not a
business,” he said.
“We are a neighborhood and that is not a use normally
allowed in a neighborhood,” Rushing said.
Currently, guests pay no room taxes when staying at the
homes.
The Wisconsin Court of Appeals filed its ruling Feb. 4,
agreeing with the homeowners. The court stated the
Cedarburg Board of Appeals erred in interpreting the
ordinances addressing short-term rentals, agreeing with
February 2013 Ozaukee County’s Circuit Court decision
issued by Judge Paul Malloy, which said in part, “The
board was acting in a legislative fashion that usurped the
city’s authority when it said residency required a person
to live at the home for 28 days,” which was the
number used to determine residency for voting,
though that number was not listed on the ordinance at the
time.
“Such a restriction on the free use of private property
must be done clearly and unambiguously in the
ordinance,” the appeals court said.
As written in 2012, the city’s ordinance permits shortterm rentals of homes in a single-family residential
district, the court said, whereby reversing the city’s board
of appeals decision.
The Radmanns and Desjardin were issued citations for
violating the city’s ordinance. They appealed to the city of
News Graphic file photo
The Castle of the Cedars is one of two tourist rooming
houses located on the residentially zoned Sheboygan Road in
Cedarburg. Both can be found on the vacation rental website
vrbo.com.
Cedarburg Board of Appeals. In February 2013, the board
decided the city’s ordinance did not permit short-term
rental of homes in a single-family residential district. The
owners contested the decision to the county Circuit Court
for certiorari review, in which the court reviews the
board’s decision to see if the board:
■ Kept within its jurisdiction
■ Acted according to law
■ Did not arbitrarily or unreasonably act according to
its will and not its judgment
■ Made a decision based on evidence one might
reasonably use to make the determination in question
“Dating as far back as 2012, there are city documents
which have been part of our legal briefs and hearing
testimonies confirming that the city was aware there were
no ordinances in place preventing short-term rentals,”
Jim Radmann said. “They have since then modified those
ordinances, proving the ordinances were not in place to
begin with.”
(Denise Seyfer can be reached at dseyfer@conleynet.com.)
Study: Historical Society seen as regional draw
Continued from Page A1
Milwaukee Bucks’ future
Cover model
facilities needs. A core
question in that debate
was
whether
communities
outside
Milwaukee
County
should pay a special tax to
help
fund
the
construction of a new
venue in lieu of the BMO
Harris Bradley Center.
On the heels of that
study, PPF staffers took
an up-close look into
Waukesha, Ozaukee and
Washington counties —
referred to in the report
as the “WOW counties” —
and analyzed the state of
Of all of the cultural
cultural and recreational
amenities in all of the counties
sites.
featured in the Public Policy
“While considerable
Report, it was the covered
attention
has
been
bridge in the town of
devoted to the needs of
Cedarburg that made the
cultural, recreational and
cover. PPF President Rob
entertainment assets in
Henken said recreational
Milwaukee County, there
amenities
were
a
key
is little understanding
component of the study and
about how public dollars
the bridge is a “cool”
are used to pay for similar
representation of that.
amenities in the WOW
counties and whether
similar unmet needs have
emerged,” PPF President Rob Henken said in a statement.
The county’s historical society was singled out as one of
three facilities that have regional draws beyond the county
lines. The other two sites studied were the Sharon Lynne
Wilson Center in Brookfield (Waukesha County) and the
Museum of Wisconsin Art in West Bend (Washington
County.)
Built in 1960, Ozaukee County Historical Society’s
WNA: Story led to meeting
being opened to public
Continued from Page A1
several stories about plans
by an ad-hoc committee of
the
Mequon-Thiensville
School Board to meet in
closed session.
An
initial
story
promoted
additional
discussion of the decision
by administrators that
resulted in the meetings
being opened to the public.
■ Mark Justesen, third
place for a feature photo
and fourth place for allaround
newspaper
photography. The prize
photo was of a “don’t
walk” signalized hand at a
stoplight in Grafton. The
crimson glow of the signal
lit up a spider and his web
just before Halloween.
Lisa Curtis, the News
Graphic’s
managing
editor, said she is proud of
the work of the staff.
“The News Graphic is
very fortunate to have the
talent and commitment
that we do in Kay, Gary and
Mark,” she said. “Of
course, I think that
everything they do is
award-winning, but I’m
especially proud of their
work that was recognized
by the WNA.”
The
News
Graphic
competed in a category
with other similar-sized
weekly and twice-weekly
newspapers
across
Wisconsin.
operations — including routine maintenance and
renovations to the more than two-dozen aging buildings on
its site — are funded partially through a so-called capital
grant that is funneled to the organization through county
government.
Fundraising efforts also are conducted for larger scale
projects, including an effort to renovate the “old red barn”
building — an endeavor carrying a price tag ranging from
$300,000 to $500,000.
In their report, PPF researchers recognized the historical
society’s value within, and beyond, Ozaukee County’s
borders.
“While many local historical societies typically maintain
small museums or collections of historical artifacts, the
Ozaukee County Historical Society is distinct in that it owns
and maintains more than 25 historical structures
representing various historical eras and immigrant
communities in Wisconsin,” researchers wrote in their
report.
Collectively, PPF asserted the three counties are able to
self-sustain their largest cultural and recreational facilities,
based primarily on the current configuration of capital
spending and allocating a portion of property tax dollars
toward the venues.
But PPF also suggested tweaks in the funding model
might be necessary if overtures are made to expand the
operations plan at any of the sites, including the Ozaukee
County Historical Society.
“While our analysis has shown there is not a pressing
need for additional public support for culture and
recreational services provided by the three county
governments, the ability to draw resources from a regional
culture and entertainment sales tax, for example, could
allow each government to replace property tax levy
funding,” PPF researchers wrote in their 81-page report.
In its bottom-line analysis, PPF was neutral and asserted
the decision on funding expansions should be left up to
municipal and county leaders.
“Our findings suggest that this need likely is to be
determined by how elected officials and citizens view the
role of government in providing and expanding cultural and
recreational opportunities for its citizens, and which forms
of public revenue they deem most appropriate for fulfilling
that role,” Henken said.
Want us to feature a good kid?
Know a child or teen who is accomplishing good things? Send
your suggestion to Lisa Curtis, managing editor, News Graphic.
E-mail: lcurtis@conley net.com. Or phone 262-305-8934
CROSSWORDANSWERS
Who should we get to know?
Send your suggestion to Lisa Curtis, lcurtis@conleynet.com. Or
phone 262-305-8934.
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