CITY OF GLENDALE -- COMMON COUNCIL

May 12, 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.

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, May 8, 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. Whitaker, seconded by Ald. Goldberg, approving the minutes of the meeting held on April 28, 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 Milwaukee County - Status of Bridge Construction on Milwaukee River Parkway, south of West Silver Spring Drive.

The City received an update of the bridge construction on Milwaukee River Parkway, south of West Silver Spring Drive. Milwaukee River Parkway is closed to through traffic for the duration of construction, and there may be short periods of time where the river under the bridge will not be navigable as work takes place overhead. The Oak Leaf Trail has a posted detour route for pedestrians and bicyclists. To date, construction of the north pier which is a support for the new bridge deck has been completed, and construction on the south pier has begun.

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.

II. File No

Application for a Change of Zoning from B-4 Business-Office to S-1 Institutional filed by Ohr HaTorah Jewish Heritage Center for 7020 North Green Bay Avenue.

An application for a change of zoning has been filed by the Ohr HaTorah Jewish Heritage Center for 7020 North Green Bay Avenue. The request is that the property, which is currently zoned B-4, Business-Office, be rezoned to S-1 Institutional. The use of the property would include a shop, classes, social gatherings, counseling and prayer. As the Council has discussed on several occasions, zoning is a legal mechanism that serves to implement the Master Development Plan of the City.

The City Attorney reviewed his memorandum to the Council, in which he stated that the zoning request for the subject property was inconsistent with the City's Master Plan as adopted. It was his opinion that the Council could exercise its discretion to deny this application without referral to the Plan Commission under Section 62.23 of the Wisconsin Statutes.

The City Attorney summarized his memorandum by stating that inconsistency with the Master Plan was the most controlling reason for a Council to exercise its discretion to deny at the outset the application, as opposed to referring the matter to the Plan Commission for review. The Council has the authority to rely on the Master Plan as a basis for denial based upon Lake City Corporation v. City of Mequon, 207 Wis.2d 155 (1997).

It was the City Attorney's opinion that the Council would not be in violation of federal laws in denying the application, due to the fact that the City has numerous existent religious institutional uses, and has always been open and receptive to institutional uses. In addition, there are currently properties that are zoned for institutional use and that are available for use by the application. Finally, the City has exercised its discretion to deny institutional uses inconsistent with the Master Plan in the past.

The City Attorney summarized by again indicating that the Council has the legal authority, and it would be well advised, to exercise its discretion to deny the application.

Motion was made by Ald. Colacino, seconded by Ald. Shaw, to deny the Application for a Change of Zoning from B-4 Business-Office to S-1 Institutional filed by Ohr HaTorah Jewish Heritage Center for 7020 North Green Bay Avenue, based upon the inconsistency of the proposed use and rezoning to the City's Master Plan, as well as due to the fact that there are existing available properties within the City that are zoned for institutional use that could be used by the applicant for their stated purposes. On Roll Call: Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

NEW BUSINESS:

III. File No

Scheduling Public Hearing on Proposed Ordinance Updating the City's Flood Plain Regulations.

The Department of Homeland Security's Federal Emergency Management Agency has issued updated Flood Insurance Rate Maps. A public hearing on the proposed changes to the ordinance needs to be held prior to adoption of the ordinance.

Motion was made by Ald. Whitaker, seconded by Ald. Goldberg, to schedule the public hearing on the proposed ordinance updating the City's Flood Plain Regulations for Monday, June 23, 2008 at 7:00 p.m. Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

IV. File No

Resolution Honoring Cardinal Stritch University President Sister Mary Lea Schneider.

Sister Mary Lea Schneider, President of Cardinal Stritch University since 1991, has recently announced her plans to retire.

Motion was made by Ald. Shaw, seconded by Ald. Whitaker, to approve the Resolution Honoring Cardinal Stritch University President Sister Mary Lea Schneider. Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

Mayor Tepper and members of the Council extended their best wishes to Sister Mary Lea Schneider for continued good health, happiness and success.

APPROVAL OF ACCOUNTS PAYABLE.

Motion was made by Ald. Wiese, seconded by Ald. Shaw, to approve the accounts payable register dated May 12, 2008 for check numbers 21379 to 21467 totaling $686,838.55 and for prepaid checks, numbers 21198 to 21222 and 21321 to 21365 totaling $25,150,606.96. 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.

CLOSED SESSION.

Motion was made by Ald. Colacino, seconded by Ald. Wiese, to convene in Closed Session per Section 19.85(1)(g) of the Wisconsin Statutes to confer with legal counsel concerning strategy to be adopted with respect to litigation in which the City is or is likely to become involved. On Roll Call: Ayes: Ald. Whitaker, Colacino, Moeser, Wiese, Goldberg and Shaw. Noes: None. Absent: None. Motion carried unanimously.

REPORT OUT OF CLOSED SESSION.

The Council took no action in Closed Session.

ADJOURNMENT.

There being no further business, motion was made by Ald. Colacino, 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 7:55 p.m. until Monday, June 9, 2008.

Richard E. Maslowski

City Administrator

Recorded: May 13, 2008