CITY OF GLENDALE -- COMMON COUNCIL

January 28, 2008

Regular meeting of the Common Council of the City of Glendale held in the Municipal Building, 5909 North Milwaukee River Parkway.

The meeting was called to order by Mayor Jerome A. Tepper at 7:00 p.m.

Roll Call: Present: Mayor Jerome A. Tepper, Ald. Robert Whitaker, Joseph V. Colacino, Elliott L. Moeser, Richard W. Wiese, Izzy Goldberg and JoAnn Shaw. Absent: None.

Other Officials Present: Richard Maslowski, City Administrator; Tom Czarnyszka, Police Chief; and John Fuchs, City Attorney.

PLEDGE OF ALLEGIANCE/MOMENT OF SILENCE.

The members of the Common Council, City staff and all those present pledged allegiance to the flag of the United States of America. A moment of silence was observed in memory of former Ald. James Givens, who passed away this past week.

OPEN MEETING NOTICE.

The City Administrator advised that in accordance with the Open Meeting Law, the Glendale Herald, the City's official newspaper, was advised on Thursday, January 24, 2008, of the date of this meeting; that the agenda was posted on the official bulletin board of City Hall, the Glendale Police Department, and the North Shore Library; that copies of the agenda were made available to the general public in the Municipal Building and the Police Department, and those persons who requested, were sent copies of the agenda.

ADOPTION OF COUNCIL MINUTES.

Motion was made by Ald. Goldberg, seconded by Ald. Whitaker, approving the minutes of the meetings held on January 14, 2008. Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

PUBLIC COMMENT:

There were no public comments.

COMMUNICATIONS, APPLICATIONS AND PETITIONS:

I. File No

Communication from City Administrator Richard Maslowski, re: Proposed 2008-2012 Capital Improvement Program.

The City Administrator presented a draft of the Capital Improvement Program for the years 2008-2012. In particular, he is requesting the Council review the 2008 projects to determine which ones should proceed. Based upon that determination, engineering and design specifications can be prepared and various financing options can be reviewed with the City's financial consultant and bond underwriters.

The City Administrator presented proposed programs for each of the years, focusing on 2008. Specifically, the following projects were presented: 1) Reconstruction of North Dexter Avenue, North Bethmaur Lane, North Braeburn Lane and West Como Place in the Crestwood Subdivision; 2) Installation of the utilities on the west side of North Lydell Avenue, north of West Silver Spring Drive; 3) Reconstruction of West Bender Road, west of North Green Bay Avenue; 4) Public Works snow plow truck, Water Utility pick-up truck and additional engineering funds for the planned reconstruction of North Green Bay Avenue; 5) Street Resurfacing completion on North Sunny Point Lane; and 6) Police Department Capital Items. Total cost for the programs: $3,739,625.

The City Administrator further commented that given the recently enacted State budget and its tax levy impacts, it will affect new debt service. The maximum borrowing for 2008 should not exceed $2.8 million. He recommended, for 2008, the reconstruction of the Crestwood Subdivision streets for $1,951,000, replacement of a Public Works snow plow for $105,000 and funds to cover the City's costs related to engineering design for the planned construction of North Green Bay Avenue in 2009 in the amount of $65,000. These recommended projects total $2,121,000.

Discussion followed on the City's commitment to Cardinal Stritch University relative to their planned acquisition of the City's former landfill site on West Bender Road for a recreation park. Currently, Cardinal Stritch University does not plan on doing any work which would require City infrastructure in 2008. Accordingly, the City Administrator presented various options to the Council regarding West Bender Road, as well as including sufficient funds for a Good Hope traffic pedestrian study.

After much discussion, it was decided that West Bender Road from North Green Bay Avenue to North Baker Road would be scheduled for construction in 2010. The infrastructure relative to the former landfill site, which is being acquired by Cardinal Stritch University, would be completed in 2009. For 2008, the City would proceed with the enclosure of the existing storm sewer drainage ditch on North Baker Road in the amount of $505,000. In addition, $100,000 would be included in the program to cover engineering costs relative to the entire West Bender Road construction project. Relative to the Good Hope traffic pedestrian study, $35,000 was allocated. The total for these additional projects is $640,000.

It was noted that several projects for 2008 have funds available. They include the Lydell Avenue utilities, which has funds available through TIF #8 Bayshore in the amount of $276,800. This project would proceed in 2008, depending upon the Bayshore Partnership submission of approved plans for the construction of apartments/townhouse condominiums on the west side of North Lydell Avenue. The Water Utility has requested a replacement utility truck in the amount of $26,000, which would be funded from available operational funds. Also, street resurfacing necessary to complete North Sunny Point Lane in the amount of $26,000 would also be performed in 2008, utilizing existing funds from the 2007 Capital Improvement Program.

The Council discussed with the Police Chief his department's capital requests in the amount of $100,125. The Police Chief recommended four items for Council consideration. They include the Property Room Software in the amount of $11,000; Training Equipment Mats in the amount of $10,000; the replacement of 12 lockers and benches in the amount of $2,000; and 40 Ballistic Helmets for the Police Officers in the amount of $16,000. The total of these revised capital requests is $39,000.

After considerable discussion by Council members and questions relative to the infrastructure program, equipment replacement and the Police Department capital requests, a motion was made by Ald. Shaw, seconded by Ald. Wiese, to approve the Capital Improvement Program for 2008, which will be funded by new borrowing not to exceed $2.8 million. This includes the Crestwood Subdivision streets, replacement of a Public Works snow plow, North Green Bay Avenue engineering, North Baker Road storm sewer drainage ditch enclosure, West Bender Road engineering, Good Hope traffic study and Police equipment. In addition, those projects that are funded with existing funds, mainly Lydell Avenue utilities, replacement of a Water Utility truck and the street resurfacing on North Sunny Point Lane could proceed as scheduled. On Roll Call: Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

The City Administrator informed the Council that at this point, City staff would work with its investment advisor, Robert W. Baird, to develop a $2.8 million general obligation bond program, which will come back to the Council for their final review and approval sometime in March or early April. He also advised the Council that with the action taken, staff would proceed with the advertising for construction bids of the Crestwood Subdivision streets, with the anticipated bid opening being in March and construction commencing in early spring.

II. File No

Communication from Ald. Richard Wiese, re: Good Hope Road Pedestrian Crossing Traffic Study.

Appearance: County Supervisor James White

Ald. Wiese is requesting that the City begin a traffic engineering study of all pedestrian crossings along the entire length of West Good Hope Road. There is a growing number of young families in his district who have expressed concerns about being able to cross West Good Hope Road. Currently there are few, if any, pedestrian crosswalks along West Good Hope Road. The goal of the traffic engineering study would be to provide information on where pedestrian crossings could be located, different options of handling pedestrian traffic, overall cost considerations and sources of funding.

The City Administrator stated this issue has been discussed many times over the years. West Good Hope Road, which was designed for vehicles, is a County highway with a current traffic volume of 27,000 vehicles per average weekday. He further stated that the Good Hope Bridge, which was rebuilt in 2004, does not have the capacity for a walkway under it, but there may be solutions such as pedestrian crossings at North Range Line Road and North Green Bay Avenue, where signals are located.

Ald Wiese presented to the Council a history of previous Good Hope Road traffic studies, as well as an analysis of the existing West Good Hope Road intersections and the related pedestrian/bicyclist problems in attempting to cross West Good Hope Road. The Police Chief provided the Council with the Federal Highway Administration Guidelines for the construction and installation of pedestrian crosswalks on major arterial roads. These guidelines have been adopted by the Wisconsin Department of Transportation, as well as Milwaukee County and the City of Glendale.

County Supervisor James White was present to discuss with the Council the need for a safe pedestrian/bicyclist crossing on West Good Hope Road. He expressed his willingness to work with City staff and the Council to develop a solution to the existing problem. He suggested that City staff work with County staff in preparing an analysis of pedestrian/bicycle traffic on West Good Hope Road. This analysis, hopefully, would quantify what the problem is, as well as recommend what solutions could cost-effectively be implemented. It was noted that the existing signalized intersection on West Good Hope Road and North Green Bay Avenue does have pedestrian crossing buttons. However, with West Good Hope Road at this point being essentially an eight-lane highway with a large center median, it is impossible to cross West Good Hope Road given the existing timing signals.

It was discussed that there is the potential availability of federal funding through the Wisconsin Department of Transportation for bicycle and pedestrian crosswalks. However, the application deadline for 2008 is April 18, 2008. In order to make application, the City and/or County would have to clearly demonstrate what the problems are, the solutions and the costs relating to the proposed crosswalk.

To expedite the process, it was the consensus that the City would upfront the costs for a pedestrian traffic study on West Good Hope Road through its 2008 Capital Improvement budget. Upon completion of that study, the City would work with County staff to make the necessary applications for federal funding.

Ald. Wiese questioned Supervisor White regarding the County's policy on not plowing snow from crosswalks, particularly on medians. He explained that the existing median on West Good Hope Road needs to be plowed in order for a safe haven for pedestrians to cross West Good Hope Road during the winter months. Supervisor White responded that letters should be sent to County Executive Scott Walker and County Public Works Director George Torres making this request. Supervisor White indicated that similar requests have been received from other communities on other locations in the County. He understood the problem and indicated that the County's policy was due to the shortage of staff in the County's Public Works Department and the under funding of the Department in terms of its needs to provide services on County-owned properties.

Following Supervisor White's comments, Mayor Tepper asked if there were any comments from the public.

Andrew Franklin, 7365 North Bethmaur Lane, indicted that he was encouraged by the Council taking positive action on this problem of the pedestrian crossing. He indicated that this was a major problem for many people living north of West Good Hope Road. Anything the City or the County could do to eliminate this problem would be appreciated.

Following the public comments, members of the Council discussed a number of items relative to the potential costs of the study, the cost to implement the study's recommendations, and the time table required to perform the traffic study.

After considerable discussion, motion was made by Ald. Wiese, seconded by Ald. Colacino, to include in the 2008 Capital Improvement budget sufficient funds to perform a pedestrian traffic study on West Good Hope Road. On Roll Call: Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

UNFINISHED BUSINESS:

III. File No

Request from Ms. Betty Greaves, 710 West Bender Road, to Address the Council regarding Sanitary Sewer Connection to her Property.

Appearance: Ms. Betty Greaves

Ms. Greaves gave a status update on the sanitary sewer connection to her property. She stated that several contractors can not prepare a bid for the sanitary sewer connection to her property due to misinformation and vagueness of the as-built records. She is requesting the Council to extend the February 2, 2008 deadline for connecting to the sewer line.

The City Administrator reported that City records indicate a sewer lateral was installed to the property line in 1965, and the actual location of the lateral is indicated in the plumbing permit. In addition, due to the recent weather, perhaps a 30-day extension could be considered, but a commitment from Ms. Greaves is needed.

Ms. Greaves told members of the Council that after much consideration on her part, she is now committed to connecting her property to the City's sanitary sewer system. However, she needs additional time in order to get various construction bids from plumbing contractors. She requested at least a 30-day extension which she thought would give her sufficient time to retain a plumbing contractor to perform the work when weather permitted.

Regarding the existing sewer service lateral to the property line, it was discussed that the condition of the existing clay tile lateral would need to be determined. If the existing lateral was deemed by the Public Works Director to be usable, or if repairs such as slip lining were necessary, that it should be repaired and the lateral used in order to prevent the opening of West Bender Road, as well, as saving Ms. Greaves the added costs.

Mayor Tepper questioned Ms. Greaves to be sure that the commitment by her was firm and irrevocable. She was reminded that the City has no intention of allowing her not to comply to the sewer connection order and that by granting an extension, the Council would expect substantial progress by the end of the extension period by Ms. Greaves.

Motion was made by Ald. Colacino, seconded by Ald. Wiese, to grant an extension to March 3, 2008 to Ms. Betty Greaves for sanitary sewer connection for her property at 710 West Bender Road. It is expected that by this date, Ms. Greaves will have a contract signed with a plumbing contractor to perform the sanitary sewer connection with a definite schedule of when in spring of 2008 this connection would actually take place.

Prior to the vote, Mayor Tepper, along with Ald. Whitaker, Ald. Colacino, and Ald. Moeser, emphasized to Ms. Greaves the seriousness of the City by requiring a plumbing contract in place by the end of the extension period. It was understood that the actual construction work may be delayed due to weather conditions, but the work, once weather permits, would need to be performed expeditiously. Ms. Greaves acknowledged the City's concerns, and once again, stated her commitment to proceed with the sanitary sewer connection.

Vote on the motion: On Roll Call: Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

IV. File No

Wisconsin New Video Franchise Law.

Wisconsin's new Video Franchise Law went into effect on January 9, 2008. This new law will dramatically change how cable and video services are regulated in the state, as local municipal franchises will be replaced with statewide franchises to be granted by the Department of Financial Institutions (DFI). The main issues with the new law appear to be right-of-way regulations, service standards, community/educational programming and the costs to enforce and administer the new law.

Motion was made by Ald. Whitaker, seconded by Ald. Shaw, to place this information on file. Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

NEW BUSINESS:

V. File No

Ordinance Amending Section 11-1-1(a)(30) of the Code Pertaining to Fraud on Inn Keepers.

This ordinance amendment clarifies that the City will prosecute people who leave restaurants without paying for their meal, people who drive away from a gas station without paying for gas, as well as people who do not pay for their hotel rooms.

Motion was made by Ald. Whitaker, seconded by Ald. Goldberg, to adopt Ordinance No. 1432 of the Code Pertaining to Fraud on Inn Keepers. On Roll Call: Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

RECEIPT OF MONTHLY DEPARTMENTAL REPORTS.

Motion was made by Ald. Whitaker, seconded by Ald. Shaw, to place the monthly departmental reports on file. Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

COMMISSION, COMMITTEE AND BOARD REPORTS.

There were no reports.

ADJOURNMENT.

There being no further business, motion was made by Ald. Shaw, seconded by Ald. Wiese, to adjourn the meeting. Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously and adjournment of the Common Council was ordered at 8:40 p.m. until Monday, February 11, 2008.

Richard E. Maslowski

City Administrator

Recorded: January 29, 2008