CCR2003206COMMON COUNCIL. CITY OF MUSKEGO
RESOLUTION #206.2003
RESOLUTION SUPPORTING 2003 ASSEMBLY BILL 435
. WHEREAS, Wisconsin's municipal pianning enabling legislation adopted in Section 62.23 of Wisconsin
Statutes has long been recognized by planning professionals throughout the country as one of the best
state planning laws in the land; and
WHEREAS, By passage of Sections 1606 and 1606m of 1999 Assembly Bill 133, and its approval by
Governor Tommy G. Thompson, the State Legislature created planning laws commonly referred to as
"Smart Growth" which substantially modified planning enabling legislation; and
WHEREAS, The Smart Growth legislation was ill conceived by special interest groups and was adopted
without public input, without input from professional planners, without input from the League of Wisconsin
Municipalities, and without debate, before it was inserted into the biennial budget bill; and
WHEREAS, The Smart Growth legislation mandates all 1,850 units of local government and all 72
counties to create Comprehensive Plans with specific content, and deprives municipalities and counties of
local home rule controls; and
WHEREAS, The Smart Growth legislation interjects all 1,850 units of local government and all 72 counties
into private sector enterprises including but not limited to health care and child care; and
WHEREAS, Purportedly, one of the primary reasons the Smart Growth legislation was drafted was to
thwart 'urban sprawl', but it will accomplish just the opposite by ensuring that urban sprawl will be more
easily accomplished because Sec. 66.1001 of Wisconsin Statutes requires that all land must be zoned for
its future, planned use, and zoning land for uses that are not planned to be in place for five, ten or twenty
years encourages "Ieap-frogging" over current development to gain cheaper land or more advantageous
(for the developer) circumstances and causes utilities to be extended into non-urban areas; and
. WHEREAS, 2003 Assembly Bill 435 (hereinafter the "bill") repeals Sections 1.13(3),16.9651, 20.505(1)(z)
and 66.1001 Wisconsin Statutes, and amends Sections 16.965(2), 16.965(6), 20.395(4)(ax), 59.69(3)(a),
59.72(5)(b)3, 62.23(2), 62.23(3)(b), 66.0309(8)(a)1.b., 66.0309(9), 66.309(10), and 236.13(1)(c)(intro.) of
Wisconsin Statutes; and
WHEREAS, The bill would dismantle legislation commonly known as "Smart Growth," and restore the
Wisconsin's original planning enabling legislation (Sec. 62.23), to its original form.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego does hereby
support 2003 Assembly Bill 435 repealing Smart Growth laws and restoring Wisconsin's original planning
laws.
BE IT FURTHER RESOLVED That a copy of this resolution be sent to Governor Jim Doyle, local
legislators and the League of Wisconsin Municipalities.
DATED THIS 23rd DAY OF September ,2003.
SPONSORED BY:
Mayor Mark A. Slocomb and
City of Muskego Cornman Council
.~
This is to certify that this is a true and accurate copy of Resolution #206-2003 which was
adopted by the Common Council of the City of Muskego.
~K Î1'1~ CI -Treasurer