LRB-4446/2
MES:cs:rs
2003 - 2004 LEGISLATURE
March 11, 2004 - Introduced by Representative Ward, cosponsored by Senator
Risser. Referred to Committee on Rules.
AB949,1,4
1An Act to amend 59.69 (5) (d) and 79.095 (1) (bm);
to create 13.94 (1) (r), 59.69
2(5) (dm) and 66.1002 of the statutes; and
to affect 1999 Wisconsin Act 9, section
39158 (8w) (e);
relating to: creating the Dane County Council of Governments
4and authorizing Dane County to enact a comprehensive zoning ordinance.
Analysis by the Legislative Reference Bureau
Under current law, the Dane County Regional Planning Commission (DCRPC)
will be dissolved on October 1, 2004. Its net outstanding debt will be assigned to
Dane County, and, if it has no outstanding debt, any unexpended funds will be
returned to the cities, villages, towns, and county that supplied them.
This bill creates the Dane County Council of Governments (council), which is
a local unit of government that is separate and distinct from the state and from any
other local unit of government. The jurisdiction of the council is Dane County, and
all of the cities, villages, and towns that are located within the county.
The council consists of the following members, who must all be elected officials,
who have the following weighted votes:
1. The mayor of the city of Madison, 35 votes.
2. The president of the common council of the city of Madison, five votes.
3. The president of the Dane County Towns Association, 20 votes.
4. The president of the Dane County Cities and Villages Association, 20 votes.
5. The vice president of the Dane County Cities and Villages Association, five
votes.
6. The Dane County executive, 20 votes.
7. The chairperson of the Dane County board, 5 votes.
The members of the council may not be represented by an alternate or designee.
The council may not contract for professional services with any political subdivision
in the state, but may hire its own employees. All decisions by the council to hire or
terminate the executive director, or to retain a professional staff member at the end
of a one year probationary period, require 70 affirmative votes. The council must
create a merit system that applies to all employees other than the executive director.
The bill gives the council the authority to do a number of things, including the
following:
1. To levy a property tax on the taxable property in the jurisdiction of the
council, at a rate that may not exceed 0.002 percent.
2. If designated by the governor and approved by the federal Environmental
Protection Agency, to act as the areawide water quality management agency
(AWQMA) for Dane County. If the council is the designated AWQMA, it must adopt
written criteria to expand or create sewer service areas before it may exercise such
authority, and the exercise if this authority requires at least 70 affirmative votes.
3. To serve as a voluntary repository for adopted comprehensive plans and
other land use plans.
4. To provide professional land use planning services under a contract with a
political subdivision.
5. To develop and recommend for adoption a transfer of development rights
program to limit scattered site low density development in rural areas.
6. To facilitate a forum for cooperation and information sharing among Dane
County municipal engineers and planners, and public works officials, to better
coordinate infrastructure development and growth within the county.
The bill requires the legislative audit bureau to conduct a financial audit of the
council in August 2006.
Under the bill, upon the dissolution of the DCRPC, its net liabilities will become
the responsibility of the council, and any remaining unexpended funds become the
property of the council. The council sunsets on August 31, 2007, unless that date is
extended by law, for all purposes, subject to one exception. Under the bill, if the
council has any outstanding indebtedness on August 31, 2007, it may continue in
existence only to impose a final tax levy in December 2007, to ensure that all of its
outstanding liabilities are paid, and may receive the tax payments that result from
that final levy. The Dane County treasurer is required to act as the council's agent
to receive those tax payments and to pay the council's outstanding debts from the
proceeds of that levy. The council dissolves for its remaining purpose, contained in
the exception to its August 31, 2007, dissolution, no later than August 31, 2008,
unless that date is extended by law. Any unexpended funds must be refunded to the
taxpayers that supplied them.
Under current law, a county board may enact a comprehensive revision of its
zoning ordinance. If a town board within the county that enacts such an ordinance
fails to approve such a comprehensive ordinance within a year, neither the existing
ordinance nor the comprehensive revision is in force in the town.
This bill creates a new method of enacting a comprehensive revision of a zoning
ordinance for Dane County. Under the bill, a Dane County comprehensive revision
zoning ordinance may be prepared by a committee that consists of the following
persons:
1. Five town supervisors or plan commission members selected by the Dane
County Towns Association.
2. One resident of a town in Dane County who is selected by the Dane County
executive.
3. The Dane County director of planning and development.
4. One person selected by the Dane County Cities and Villages Association.
5. One person selected by the mayor of the city of Madison.
6. One member of the Dane County Zoning and Natural Resources Committee
who lives outside of Madison, selected by the Dane County Board chairperson.
Once a majority of the town boards in Dane County approve the ordinance, it
applies in every town in the county unless, before it takes effect, a town board enacts
an ordinance stating that the town remains subject to the existing ordinance and
that the new comprehensive ordinance does not apply in the town.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB949, s. 1
1Section
1. 13.94 (1) (r) of the statutes is created to read:
AB949,3,42
13.94
(1) (r) Conduct a financial audit of the Dane County council of
3governments in August 2006. The legislative audit bureau shall file a copy of the
4audit report under this paragraph with the distributees specified under par. (b).
AB949, s. 2
5Section
2. 59.69 (5) (d) of the statutes is amended to read:
AB949,4,56
59.69
(5) (d) The board may by a single ordinance repeal an existing county
7zoning ordinance and reenact a comprehensive revision thereto in accordance with
8this section. "Comprehensive revision", in this paragraph, means a complete
9rewriting of an existing zoning ordinance which changes numerous zoning
10provisions and alters or adds zoning districts. The comprehensive revision may
11provide that the existing ordinance shall remain in effect in a town for a period of up
12to one year or until the comprehensive revision is approved by the town board,
1whichever period is shorter.
If Except as provided in par. (dm), if the town board fails
2to approve the comprehensive revision within a year neither the existing ordinance
3nor the comprehensive revision shall be in force in that town. Any repeal and
4reenactment prior to November 12, 1965, which would be valid under this
5paragraph is hereby validated.
AB949, s. 3
6Section
3. 59.69 (5) (dm) of the statutes is created to read:
AB949,4,127
59.69
(5) (dm) 1. Notwithstanding par. (d), the Dane County board may by a
8single ordinance repeal an existing county zoning ordinance and reenact a
9comprehensive revision thereto in accordance with this section and subject to this
10paragraph. "Comprehensive revision", in this paragraph, means a complete
11rewriting of an existing zoning ordinance which changes numerous zoning
12provisions and alters or adds zoning districts.
AB949,4,1413
2. An ordinance under this paragraph shall be prepared by a committee that
14consists of the following members:
AB949,4,1615
a. Five town supervisors or plan commission members selected by the Dane
16County Towns Association.
AB949,4,1817
b. One resident of a town in Dane County who is selected by the Dane County
18executive.
AB949,4,1919
c. The Dane County director of planning and development.
AB949,4,2020
d. One person selected by the Dane County Cities and Villages Association.
AB949,4,2121
e. One person selected by the mayor of the city of Madison.
AB949,4,2422
f. One member of the Dane County Zoning and Natural Resources Committee
23who lives outside of the city of Madison, selected by the chairperson of the Dane
24County board.
AB949,5,6
13. When the committee gives its final approval to the proposed ordinance that
2it prepares under subd. 2., it shall forward the proposed ordinance to the Dane
3County board. If the proposed ordinance is adopted by the board and approved by
4the county executive, it shall take effect in Dane County upon its approval by a
5majority of the town boards in Dane County and shall apply in every town in the
6county, except as provided in subd. 4.
AB949,5,127
4. Any town in Dane County may continue to be governed by the county zoning
8ordinance that is in effect on the date on which the committee gives its final approval
9to the proposed ordinance under subd. 3. if its town board enacts an ordinance, before
10the new comprehensive revision described in this paragraph takes effect, stating
11that the town remains subject to the existing ordinance and that the new
12comprehensive revision described in this paragraph does not apply in the town.
AB949, s. 4
13Section
4. 66.1002 of the statutes is created to read:
AB949,5,15
1466.1002 Dane County council of governments. (1) Creation and
15organization. (a) In this section:
AB949,5,1716
1. "Council" means the Dane County council of governments that is created
17under this section.
AB949,5,1918
2. "Political subdivision" means Dane County and any city, village, or town,
19that is located in Dane County.
AB949,5,2320
(b) There is created a special district that is a local governmental unit, that is
21a body corporate and politic, that is separate and distinct from, and independent of,
22the state, and any other political subdivision, that has the powers under sub. (2), and
23the name of which is the Dane County council of governments.
AB949,5,2424
(c) The jurisdiction of the council is Dane County.
AB949,6,2
1(d) The council shall consist of the following members, who shall have the
2following weighted votes:
AB949,6,33
1. The mayor of the city of Madison, 35 votes.
AB949,6,44
2. The president of common council of the city of Madison, 5 votes.
AB949,6,55
3. The president of the Dane County Towns Association, 20 votes.
AB949,6,66
4. The president of the Dane County Cities and Villages Association, 20 votes.
AB949,6,87
5. The vice president of the Dane County Cities and Villages Association, 5
8votes.
AB949,6,99
6. The Dane County executive, 20 votes.
AB949,6,1010
7. The chairperson of the Dane County board, 5 votes.
AB949,6,1111
(e) 1. No member of the council may be represented by an alternate or designee.
AB949,6,1212
2. Six members of the council constitute a quorum.
AB949,6,1313
3. All members of the council shall be elected officials.
AB949,6,16
14(2) Powers and responsibilities. The council has the powers necessary to carry
15out the purposes and provisions of this section. In addition to all other powers
16granted by this section, a council may do all of the following: