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11 county of te afle• GOPDEPO H T CT) /ht `id 0:M(`DIBN ~.r DATE: October. 8, 1985 TO: Judy Rendall, Chair Agriculture, Environment & Land Records Committee FROM: Gene R. Rankin, Director 3 RECEIVED Land Regulation & Records Depa 1'it OCT 10 i985 SUBJECT: PROPOSED AMENDMENT TO CHAPTER 12, ORDINANCES DANE COUNTY ZONING trOrc., You have asked me to review the record and to report on the proposed amendment to Chapter 12, Ordinances, which would enable County Supervisors to make zoning map changes without payment of fee. You have also asked me to appear before the Public Protection/Judiciary Committee ("PP/J"), at their October 7 meeting, and to report on it as well. It is clear that there are two proposals before the County Board to amend Chapter 12, Ordinances. They differ slightly in content, in that one creates a new section and the other amends an existing section, but both achieve the same effect. They also differ in form; One is an Ordinance Amendment, the other is a petition. The first proposal was submitted to the County Board as Ordinance Amendment 7. It was referred to Ag-Zoning, to Finance and to PP/J. Ag-Zoning adopted on July 23. PP/J took it up on August 5 and moved to postpone indefinitely pending the presence of Judy Rendall. Finance will hold until PP/J acts. The second proposal was drafted as Petition #3533 by direct instruction of Chairman Rendall on August 13, introduced on August 15, sent to Corporation Counsel for review prior to publication date, public hearing was held two weeks after publication, or September 19, and the Petition was adopted by Ag-Zoning on September 24. The Board took up Petition #3533 on October 3, and referred it to PP/J. Corporation Counsel Kornstedt stated at that meeting that amendments to Chapter 10 are made by Petition, but that amendments to Chapters 11 and 12 are not. Chairman Rendall stated in the Ag-Zoning Committee meeting prior to the County Board meeting October 3 that Corporation Counsel Henry had told her that amendments to Chapter 10 were properly made by Petition. I have spoken directly to Cal Kornstedt on this matter. He has told me that all amendments to the zoning code were made by petition prior to 1981. After 1981, only amendments to Chapter 10 were to be made by petition. This procedure does not appear in the Code of Ordinances, nor in the Administrative Practices Manual. Whatever the proper procedure is, we expect that Corporation Counsel would provide advice when a matter was referred for review and comment by that office. In this instance, either Corporation Counsel did not detect the apparent procedural error of amending Chapter 12 by petition when Petition #3533 was referred to that office, or, Corporation Counsel changed opinions between September 3, and October 3. �s�s: