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CITY OF FITCHBURG Jay Allen, Common Council District 4 5520 Lacy Road Fitchburg, WI 53711 Phone: (608) 270-4200 · Fax: (608) 270-4275 · Cell (608) 438-9261 yet to louJtA/ tU! www.city.fitchburg.wi.us.jay@fitchburgjay.com John Hendrick, Chair Zoning and Land Regulation Committee Dane County, Wisconsin 210 Martin Luther King Jr. Boulevard Madison, WI 53703 June 9, 2008 Re: Rezoning Petition #9900 and Conditional Use Permit #2076 Dear Mr. Hendrick, I was astonished when I was informed today that Zoning and Land Regulation will be acting on a Rezoning Petition and Conditional Use Permit for property in the Town of Madison, in the Southdale Neighborhood. As you are aware, we have been working with the Town of Madison and the Alexander Company, as well as various neighborhood groups to create a Southdale Neighborhood Plan, which is nearing completion. The City of Fitchburg was not informed of this rezoning request, and that is in direct contradiction of two specific items: 1. The Intergovernmental Agreement, which was agreed to by the Town of Madison, the City of Madison, and the City of Fitchburg and duly executed on November 8, 2002, includes the following text: 5. Joint Land Use Decisions During the Protected Period, the following land use decisions will be made jointly by the Town and the City designated to take over the area in question: (1) Extraterritorial zoning (ETZ) shall be established. During the Protected Period, decisions shall be made by a joint committee that has three Town members and three City members. (There shall be two such committees: one for the area north of the Line and another for the area south of the Line.) Initially, ETZ shall be established conditionally, to take effect upon State approval of this Agreement. (2) land division authority shall be exercised jointly by the Town and the Cities through their use of extraterritorial jurisdiction (Madison for the area north of the Line; Fitchburg for the area south of the Line.) To date, there has been no meeting of the Joint Committee with Fitchburg, nor has there even been a request for such a committee meeting. Therefore, taking action on a rezoning petition at this time is wholly improper, and should not proceed until a joint meeting is convened and a decision reached.