CCR2002198COMMON COUNCIL -CITY OF MUSKEG0
RESOLUTION #198-2002
RESOLUTION NOT TO PARTICIPATE IN
THE COOPERATIVE AGREEMENT FOR THE DEVELOPMENT OF THE
WAUKESHA COUNTY COMPREHENSIVE DEVELOPMENT PLAN
WHEREAS, WI Stats. 62.23 (2) [City Enabling Legislation] says "It shall be the function and
duty of the [Plan] commission to make and adopt a master plan for the physical development of
the City. ;" and
WHEREAS, WI Stats. 62.23 (3) (b) [City Enabling Legislation] says "The commission may
adopt the master plan as a whole by a single resolution, or, as the work of making the whole
master plan progresses, may from time to time by resolution adopt a part or parts of a master
plan. The purpose and effect of the adoption and certifying of the master plan or part of the
plan shall be solely to aid the city plan commission and the council in the performance of their
duties;" and
WHEREAS, WI Stats. 236.12 (2) (b) says Counties may "review plats for conflicts with park,
parkway, expressway, major highways, airports, drainage channels, schools, or other planned
public developments;" and
WHEREAS, WI Stats. 59.69 (1) [County Enabling Legislation] says "It is the purpose of this
section to promote the public health, safety, convenience and general welfare; to encourage
planned and orderly land use development. To accomplish this purpose the board may plan
for the physical development and zoning of territory within the county as set forth in this section
and shall incorporate therein the master plan adopted under s. 62.23 (2) or (3) and the official
map of any city or village in the county adopted under s. 62.23 (6):" and
WHEREAS, WI Stats. 59.69 (3) [County Enabling Legislation] says "(a) The county zoning
agency may direct the preparation of a county development plan or parts of the plan for the
physical development of the unincorporated territory within the county. " (b) The development
plan shall include the master plan, if any, of any city or village, that was adopted under s. 62.23
(2) or (3) and the official map, if any, of such city or village, that was adopted under s.62.23 (6)
in the county, without change;" and
WHEREAS, WI Stats. 66.1001 (2) (9) Intergovernmental Cooperation Element, does not say a
municipality must adopt a County "Comprehensive" Development Plan, but, WI Stats 59.69 (3)
(b) does say, "The "comprehensive" development plan shall include the master plan, if any, of
any city or village, that was adopted under s. 62.23 (2) or (3) and the official map, if any, of
such city or village, that was adopted under s. 62.23 (6) in the county, without change; and
WHEREAS, The 2010 Comprehensive Plan adopted by the Plan Commission in Resolution #
PC 037-2001 and by the Common Council in Ordinance #1042; and
WHEREAS, The Waukesha County Development Plan does not include the City of Muskego
2010 Comprehensive Plan, approved by Ordinance #I042 and amended "without change" as
required by WI Stats 59.69 (3) (b); and
WHEREAS. The Waukesha County Department of Parks & Land Use failed to include the City
of Muskego in its most recent update process of the County Development Plan (1997); and
WHEREAS, The proposed Waukesha County "Comprehensive" Development Plan outlines as
one of its major work elements, "To the extent practicable, local development goals as reflected
in the adopted local land use plans and zoning would be incorporated into the comprehensive
development plan. " in violation of WI Stats 59.69 (3) (b); and
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WHEREAS, The proposed Waukesha County "Comprehensive" Development Plan outlines as
one of its major work elements, "To the extent practicable, local development goals as reflected
in the adopted local land use plans and zoning would be incorporated into the comprehensive
development plan. " in violation of WI Stats 59.69 (3) (b); and
WHEREAS, The proposed Waukesha County "Comprehensive" Development Plan also says
under the "Future urban land use pattern" section " .consideration will also be given to adopted
local land use plans and zoning regulations; and local development objectives contained therein
and will be incorporated, to the extent possible, into the comprehensive development plan. " in
violation of WI Stats 59.69 (3) (b); and
WHEREAS, The proposed Waukesha County "Comprehensive" Development Plan also says
under the "Implementation Element" The plan implementation element will specifically
address. the extent to which local government plans and programs in the County should be
adjusted to be fully consistent with. .planning efforts within and pertaining to Waukesha
County,'' in violation of WI Stats 59.69 (3) (b); and
WHEREAS, The proposed Waukesha County "Comprehensive" Development Plan also says
under the "adoption by Participating Municipalities" section "Each participating municipality will
receive a complete comprehensive development plan with the text and data relative to their
individual community. The Participating community will advance to their appropriate boards or
councils an ordinance adopting the comprehensive development plan that has been compiled
for their community" by the County, in violation of WI Stats 59.69 (3) (b); and
WHEREAS, The proposed Waukesha County "Comprehensive" Development Plan agreement
excludes "Non-participating communities from workgroups and committees whose role it is to
review the different elements of the plan for all the communities regardless of if they are
participating or not under the agreement; and
WHEREAS, The City of Muskego Plan Commission, through the adoption of Resolution #PC
134-2002, has recommended that the City of Muskego not participate.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego.
upon the recommendation of the Plan Commission, determines that the City will not participate
in the Cooperative Agreement between SEWRPC and Waukesha County for the preparation of
the Waukesha County Comprehensive Development Plan.
DATED THIS 8th DAY OF October ,2002.
SPONSORED BY:
Ald. William Le Doux
This is to certify that this is a true and accurate copy of Resolution #198-2002 which
was adopted by the Common Council of the City of Muskego. 0
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