WLHS: The City Creates Confusion on the Referendum
Voting Yes on 439 returns us to the orignal zoning code
The Brief
A vote of Yes on the repeal of Ordinance 439 will return the city to the original zoning code as of April 2024. The zoning code we have had for decades.
The ballot language was written and approved by the City Council on August 5 in a closed session. It should have been discussed in open session.
In the Oct 1 City Newsletter, the City Manager inferred that a vote Yes would leave the City with no zoning code. This is nonsense.
The City Managers’ actions within 60 days of an election are worrisome. State and City law forbids City employees from electioneering on ballot initiatives with City resources. It is easy to conclude the City Manager’s words were carefully crafted to skirt the law, intending to create confusion, given…..
Simultaneously with the release of the City Newsletter, the VoteNo campaign asserted that VoteYes would leave the city with no zoning code.
The timing of the City Newsletter and No campaign messaging appear coordinated.
The VoteNo website is registered to a business called Burns & McDonnell. Developers use firms like Burns & McDonnell to plan construction projects.
In a FOIA, we discovered that on August 9th, the City Manager and City Clerk provided John Lio and Bill Mulder electronic copies of the 350 signatures from the ballot initiative.
We have had at least one complaint from someone who signed the referendum initiative and was harassed by someone opposed to VoteYes. If you are being harassed for signing the referendum, let us know.
The Details…..
The Ballot Language
A vote Yes on 439 returns Harbor Springs to the original zoning in effect in April 2024.
The ballot language provides that:
Shall Ordinance No. 439 be repealed, the title of which is: “An ordinance to amend, revise and restate Chapter 50 of Title V of the Code of the City of Harbor Springs, by adopting a revised Zoning Code of the City of Harbor Springs, excepting only Section 50.303(11) of the existing Zoning Code, and to amend Section 50.303(11)(c)(ii) thereof; and to amend, revise and restate Section 79A.105(1) of Chapter 79A of Title VII of the City Code of the City of Harbor Springs, and to amend, revise and restate Sections 60.402 and 60.403 of Article 4 of Chapter 60 of Title VI of the City Code of the City of Harbor Springs.” Shall this Ordinance be repealed?
Yes
No
The key language is “Shall Ordinance No. 439 be repealed?”
Ordinance No. 439. Section 1 is very clear that….
“Except as set forth in Section 2 of this Ordinance, Chapter 50 of Title V of the Code of the City of Harbor Springs is hereby amended and restated in its entirety by adoption of the revised Zoning Code as attached to this Ordinance.”
So if Ordinance 439 is repealed, so too is the fact the previous zoning code was ever “amended.” Thus, the previous zoning code for the City of Harbor Springs remains intact.
It Could have been Easier….
The City should have just accepted the original voter referendum. The referendum was executed correctly and signed by more than 350 voters. It followed state and City procedures. The City Charter and State Zoning Enablement Act has clear procedures for repealing zoning. The voters behind the referendum followed these procedures with the help of experienced legal counsel.
The City rejected the referendum in violation of the voter’s First Amendment rights:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
The case law in favor of the 350 voters is overwhelming. Since the City rejected the referendum and, in the same meeting, with some parliamentary jiujitsu, placed the referendum on the ballot, we just accepted the City Council’s approach to place it on the ballot.
The City Council, in closed session, drafted and approved the referendum language.
No matter how it got on the ballot, the ballot language clearly states that a Yes repeals the change made to the zoning in May. Yes means we go back to the City Zoning as it was in April.
What VoteYes Means
Vote Yes seeks to engage voters to get the zoning right and to apply more caution to development, keeping what many like about Harbor Springs. A YesVote takes us back to the April version of the zoning. We would advocate then engaging the frustrated voters to redraft the zoning to back off provisions promoting density and development.
Many tried to work this out last spring. But the City had zero interest. With the City Manager’s recent suspected electioneering actions, it is clear if citizens want to have their voices heard, we need to:
VoteYes on 439
Look at the candidates for Mayor and City Council to elect leaders willing to listen to voters.
VoteYes wants the City Council to focus on the current residents and seasonal property owners, not the Michigan Economic Development Corporation, consultants, and other special interests.
We do believe everyone is trying to be good stewards of Harbor Springs. Differing opinions are best worked out through town halls and collaboration, not through small subcommittees and closed-door meetings.
By Voting Yes, we can get back on track.
Yes vs No
Vote Yes
YES to Community Oversight: Local voices are heard for every project
YES to Preserving Character: Maintain the unique charm of Harbor Springs
YES for Balanced Growth: Sustainable, incremental development in line with community needs
YES to Full-Time Residents: Protect opportunities for locals to thrive
YES to a Livable Town: Peace, green spaces, and less congestion
Vote No
NO to Local Input: No say in development decisions
NO Limits for Developers: High-density projects allowed, unchecked
NO Voice for Residents: Projects approved without community involvement
NO Stopping Seasonal Invasion: Wealthy seasonal buyers outcompete locals
NO Cap on Construction: More building, more noise, more congestion
