Loading...
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 0 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 10/02jrn b