CITY OF GLENDALE -- COMMON COUNCIL

February 11, 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; John Fuchs, City Attorney; and Todd Stuebe, Director of Community Development.

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.

OPEN MEETING NOTICE.

The City Administrator advised that in accordance with the Open Meeting Law, the local news media was advised on Thursday, February 7, 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. Shaw, seconded by Ald. Goldberg, approving the minutes of the meeting held on January 28, 2008. Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

I. File No

PUBLIC HEARING, re: Request from Canterbury Court, L.L.C. to Rezone 2105-2119, 2129, 2145 and 2233 West Mill Road from B-5 Business Office District to PD Planned Unit Development District for Use as a 60-Unit Multiple Building Residential Planned Development Stacked-Ranch Apartment Community. Ordinance Changing the Use District of 2105-2119, 2129, 2145 and 2233 West Mill Road from B-5 Business Office District to PD Planned Unit Development District.

Appearances: Attorney Andrea Roschke; Architect John Curran; and Owners David and Cheryl Cunningham

The Plan Commission has recommended approval of the request from Canterbury Court, L.L.C. to rezone 2105-2119, 2129, 2145 and 2233 West Mill Road from B-5 Business Office District to PD Planned Unit Development District for use as a 60-unit multiple building residential planned development stacked-ranch apartment community.

Mr. Curran detailed for members of the Common Council the proposed development plan. The development consists of seven acres with 60 units, or 8.6 units per acre. The development includes 37% greenspace, with two and three bedroom apartments. The two bedroom apartments are 1,495 square feet, with the three bedroom apartments being 1,670 square feet. Each unit will have their own garage for two vehicles, plus visitor's parking. The developer plans to phase the construction over a three year period, with the first phase consisting of 24 units along West Mill Road with 123 parking stalls. As part of phase one, the entire seven acre site will be cleared of the existing industrial buildings, graded, seeded and all of the infrastructure will be installed. Phase two will consist of 18 units with 76 parking stalls, and phase three will consist of 18 units with 77 parking stalls.

The buildings will all be two stories and would consist of a stone/brick veneer exterior. The owner intends to begin phase one in spring or early summer of this year, and start phase two upon the successful renting of at least 75% of phase one.

Upon the completion of the development presentation, Mayor Tepper opened the floor to public comment and the following person spoke:

Ed Orne, owner of 2300 West Mill Road, questioned the future status of traffic signals being installed at the intersection of West Mill Road and North Green Bay Avenue. He was advised that with the planned reconstruction of North Green Bay Avenue in 2009, that signals at this intersection would be included.

There being no other questions from the public, motion was made by Ald. Whitaker, seconded by Ald. Wiese, to close the public hearing. Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

Ald. Goldberg requested clarification as to when phase two of the development would be commenced, as well as how committed the developer was in completing the entire project within three years. David Cunningham responded by indicating he is committed to having the development completed as soon as possible, but it was all dependent upon rental success. As previously indicated, phase two would commence construction upon 75% of phase one being leased. Ald. Goldberg continued by thanking the developer and their attorneys for listening to citizens of the Fifth District by reducing the number of units to 60 and by limiting the height of the buildings to two stories.

Ald. Whitaker requested a status on the projected rents for the development. Cheryl Cunningham responded by giving a comparison of area apartment rents. She further indicated that it is their plan to rent the two bedroom units for $1,200 per month and the three bedroom units for approximately $1,500 per month.

Ald. Wiese requested clarification of the description of the project being a condominium style development. Attorney Roschke responded by indicating that the description of the development as a condominium style is being used mainly due to the size of the individual units, which are more of a condominium development size than apartments. Upon further questioning, David Cunningham indicated that the units are being built as apartments, but at some time in the future, they may be converted and sold as condominiums.

Ald. Colacino questioned the three year time schedule for completion of the entire project. He questioned whether it was possible that the project could be completed sooner. The Cunninghams responded by indicating that they are committed to the completion of the entire project as soon as it can be done, but in no case do they anticipate it being longer than three years.

Motion was made by Ald. Colacino, seconded by Ald. Wiese, to adopt Ordinance No. 1433 Changing the Use District of 2105-2119, 2129, 2145 and 2233 West Mill Road from B-5 Business Office District to PD Planned Unit Development District, subject to Plan Commission review and approval of final construction plans and Council approval of a development agreement. On Roll Call: Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

PUBLIC COMMENT:

Two people spoke on snow plowing operations.

COMMUNICATIONS, APPLICATIONS AND PETITIONS:

II. File No

Application for Special Gathering Permit filed by St. Francis Children's Center.

Motion was made by Ald. Shaw, seconded by Ald. Whitaker, to approve the Application for Special Gathering Permit filed by St. Francis Children's Center for their 15th annual Wine and Chocolate Tasting for April 4, 2008 beginning at 7:00 p.m. and ending at 10:00 p.m. Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

III. File No

Notice of Claim filed by Deutsches Land, Inc. (2007 Claim).

Motion was made by Ald. Shaw, seconded by Ald. Colacino, to refer the Notice of Claim for Recovery of Unlawful Taxes filed by Deutsches Land, Inc. to the City Attorney. Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

UNFINISHED BUSINESS:

IV. File No

Deutsches Land 2005 Property Assessment/Refund.

The City Attorney reported that the City has been in litigation with the Deutsches Land entity on a yearly basis regarding property tax disputes. As a result of a 2005 decision, a case in which the City primarily prevailed, there was nonetheless a $1,600.00 adjustment required as to their tax liability. This decision required a refund, which was never approved and issued.

Motion was made by Ald. Whitaker, seconded by Ald. Colacino, to approve the refund to Deutsches Land in the approximate sum of $1,641.20. On Roll Call: Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

NEW BUSINESS:

V. File No

Legislative & Judiciary Committee to Report on Application for Wholesale Beer License filed by Golden Harvest, Inc., 2920 West Vera Avenue.

Based upon the recommendation of the Legislative & Judiciary Committee, motion was made by Ald. Colacino, seconded by Ald. Shaw, to approve the Application for a Wholesale Beer License filed by Golden Harvest, Inc. located at 2920 West Vera Avenue subject to code compliance on the property and building. Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

V. File No

Certified Survey Map filed by Beerline Crossing LLC for 4160-90 North Port Washington Road.

Based upon the recommendation of the Plan Commission, motion was made by Ald. Whitaker, seconded by Ald. Goldberg, to approve the Certified Survey Map filed by Beerline Crossing LLC for 4160-90 North Port Washington Road subject to compliance with technical corrections requested by the City's consulting engineer. Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

APPROVAL OF ACCOUNTS PAYABLE.

Motion was made by Ald. Whitaker, seconded by Ald. Colacino, to approve the accounts payable register dated February 11, 2008 for check numbers 20869 to 20967 totaling $242,148.90 and for prepaid checks, numbers 20657 to 20686 and 20762 to 20858 totaling $36,298,976.54. On Roll Call: Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

COMMISSION, COMMITTEE AND BOARD REPORTS.

Several Council members briefly reported on the activities of the various Commissions, Committees and Boards they serve on.

Ald. Colacino complimented the Public Works personnel for their efforts in the snow removal these past few weeks. His comments were echoed by Mayor Tepper, who complimented the crews for a continuous job being well performed.

ADJOURNMENT.

There being no further business, motion was made by Ald. Colacino, seconded by Ald. Shaw, 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 7:50 p.m. until Monday, February 25, 2008.

Richard E. Maslowski

City Administrator

Recorded: February 12, 2008