Final
CITY OF WAUWATOSA
COMMUNITY DEVELOPMENT COMMITTEE
AGENDA • MARCH 12, 2013
Regular Meeting
Committee Room #1
8:00 PM
7725 West North Avenue, Wauwatosa, WI 53213
PLEASE NOTE: The items on this agenda may be revised before the time of the Common Council meeting, some items may be
removed and others added prior to the completion of the final Common Council agenda. The final agenda will be available in the
City Clerk’s office and on the city website at www.wauwatosa.net. It is anticipated that each item listed on the agenda may be
discussed, referred or acted upon unless it is noted in the specific agenda item that no action is contemplated.
COMMUNITY DEVELOPMENT COMMITTEE ITEMS
1. Request by Alex Marlis, Sts. Constantine & Helen Greek Orthodox Church, 2160 Wauwatosa
Avenue, for a Street Festival Permit for its annual Grecian Festival on June 7-9, 2013
2. Request by David Behrens, GreenbergFarrow, for a Change of Zoning from AA Light
Manufacturing District to Business Planned Development District at 11123 West Burleigh Street
for a Meijer store
3. Memo from the Asst. City Attorney and proposed ordinance creating Chapter 7.94 of the
Wauwatosa Municipal Code pertaining to false swearing
Any person who has a qualifying disability as defined by the Americans with Disabilities Act who requires the meeting or materials at the
meeting to be in an accessible location or format, must contact the City Clerk at voice telephone 479-8917 or TTY 471-8484 (City Hall, 7725 W.
North Avenue, Wauwatosa, Wisconsin 53213) for accommodations. Requests for accommodations for meetings should be made at least three (3)
business days prior to the meeting. Every effort will be made to arrange accommodations for all meetings; so please give the City Clerk as much
advance notice as possible.
City of Wauwatosa
Page 1
Updated 3/11/2013 3:30 PM
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1.1.a
Attachment: Grecian Festival 2013 (1309 : Grecian Festival 2013)
1.2
CITY OF WAUWATOSA
MEMO
To:
Community Development Committee
From:
Tamara Szudy
Date:
March 06, 2013
Subject:
Request by David Behrens, GreenbergFarrow, for a Change of Zoning from AA
Light Manufacturing District to Business Planned Development District at
11123 West Burleigh Street for a Meijer store
A. Issue
To recommend introduction of an ordinance and to set a public hearing date for a Change of Zoning
request at 11123 West Burleigh Street from AA Light Manufacturing District to Business Planned
Development District
B. Background/Options
This request is a rezoning for the proposed Meijer development. Traditionally this occurs during the
preliminary plan approval process. However, it was requested that the rezoning process take place at
a later date due to some of the purchase agreements. As a result, a change of zoning contingency
was placed upon the earlier approvals that were granted in October. It is also important to note that
this request is currently being processed under the old zoning code terminology as the application was
received prior to the new code’s adoption and effective date. Once the new code is effective on
March 21st, staff will adjust the terminology to reflect the new code language (change of zoning from
M1 District to M1 District/PUD Overlay).
The City’s Comprehensive Plan designates this property for planned mixed use. The proposed zoning
and use are consistent with this designation as staff interprets mixed use as being applicable to the
entire area south of Burleigh, not necessarily on each individual site. Overall, the area south of
Burleigh from the railroad tracks to Highway 45 should redevelop as a mix of uses, including retail,
offices and housing. Specific to the proposed use, staff believes that this is an appropriate location in
Wauwatosa for this type of development.
As the Plan Commission reviewed this item on March 11th, staff will provide a report of the Plan
Commission meeting.
The item is scheduled to return to the Committee on May 14, 2013 for further discussion.
C. Recommendation
Staff recommends approval of introducing the Change of Zoning ordinance and setting a public
hearing date of May 7, 2013
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1.2.a
Attachment: Meijer (1313 : Meijer - Change of Zoning - 11123 West Burleigh)
11123 West Burleigh St
DISCLAIMER: This data is provided by the City of Wauwatosa for informational purposes only. The City does not warrant or
guarantee the accuracy or reliability of this data. The recipient of this data assumes any risk of its use for any purpose.
Map Printed: 2/18/2013 11:06:57 AM
Packet
Scale: 1"= 300Pg.
Feet 4
1.2.b
FRrnnnRr, FINnntY
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Two Plaza East - Suite 1250.330 East KilbournAve.'Milwaukee, Wisconsin 53202
Phone 414-271-0130 . Fax 4t4-2'12-8191 ' www.ffsj.com
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February 15,2013
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ANDREW SKwrERAu,sKr
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Meijer Stores/City of Wauwatosa, WI - Development of a Meijer Store at I 1123 West
Burleigh Street
Application for Rezoning (Business Planned Development)
Dear Tammy:
As you know, we represent Meijer Stores ("Meijer") in connection with the development of
a
Meijer store at 11123 West Burleigh Street.
Meijer seeks to Íezone the development parcels from AA Light Manufacturing to
Business
Planned Development. We believe that the materials on hle, those sent on February 14,2073,by
GreenbergFarow under separate cover, and the balance of this letter, comply with $$ 24.58.010 24.58.090, Wauwatosa Code of Ordinances, such that Meijer respectfully requests approval of its
rezoning request.
Accompanying this letter are the Plan Commission Applications signed by GreenbergFarrow and
each of the current property owners.
This request is to change the zoning from AA Light Manufacturing to Business
Planned
Development for the following parcels:
llI23 W, Burleigh Street
3000 N. 112th Street
2960 N. l l2th Street
2960 N. 112th Street
Tax Key
Tax Key
Tax Key
Tax Key
No.299-9917-04
No.299-9976-02
No.299-9976-01
No.299-9977-03
A Preliminary Planned Development was approved in Resolution R-12-178 and, included among
the conditions, vr'as the requirement that Meijer concurrently apply and be granted approval for a
change of zoning and final plans for Business Planned Development. The application for Final
Packet Pg. 5
Attachment: Lt Szudy (Rezoning Request) (1313 : Meijer - Change of Zoning - 11123 West Burleigh)
LAWRENCE J. GLUSMÀN
[email protected]
Ms. Tamara Szudy
Principal Planner
Department of Development
City of Wauwatosa
Wauwatosa City Hall
7725 West North Avenue
Wauwatosa, V/I53213
RE
B. Gurs
S Tooo
1.2.b
Ms. Tamara Szudy
February 15,2013
Planned Development (the f,rnal plans for Business Planned Development) has been filed
concurrently with the application for rezoning.
Meijer therefore respectfully requests approval of the rezoning.
Please do not hesitate to contact me should you have questions or need anything further from our
project team.
On behalf of Meijer, we appreciate the efforts of the City's officials and staff during the process to
date and we look forward to taking this next step for the project as Meijer seeks to build its first
stores in Wisconsin.
Very truly yours,
FRIEBERT, FINERTY & ST. JOHN, S.C.
Brian C. Randall
Brian C. Randall
[email protected]
BCR/rcb
Attachments/Enclo
cc
sure s
Mayor Kathleen Ehley - Via Email (w/attachments)
Alderman Jeffrey Roznowski - Via Email (w/attachments)
Alderman Brian Ewerdt - Via Email (w/attachments)
Mr. James M. Archambo - Via Email (w/attachments)
Ms. Paulette Enders - Via Email (ilattachments)
Alan R. Kesner, Esq.- Via Email (w/attachments)
Mr. Michael Flickinger - Via Email (w/attachments)
Mr. David'W. Behrens - Via Email (w/attachments)
Packet Pg. 6
Attachment: Lt Szudy (Rezoning Request) (1313 : Meijer - Change of Zoning - 11123 West Burleigh)
Page 2
1.3
Ordinance
MEMO FROM THE ASST. CITY ATTORNEY AND PROPOSED ORDINANCE CREATING
CHAPTER 7.94 OF THE WAUWATOSA MUNICIPAL CODE PERTAINING TO FALSE
SWEARING
AN ORDINANCE CREATING CHAPTER 7.94 OF THE MUNICIPAL CODE OF THE
CITY OF WAUWATOSA PERTAINING TO FALSE SWEARING.
Section 7.94 False Swearing.
Part I. Section 7.94 of the Wauwatosa Municipal Code is hereby created to read as follows:
No person shall do any of the following:
1.) Under oath, or affirmation, or upon signing a statement, make or subscribe a false statement
which he or she does not believe is true when such oath, or affirmation, or statement is authorized
or required by law, by a public office, or governmental agency as a prerequisite to such officer or
agency taking some official action.
2.) Make or subscribe two inconsistent statements under oath or affirmation, in regard to any matter
respecting which an oath, affirmation, or statement is authorized or required by law or is required
by any public officer or governmental agency as a perquisite to such officer or agency taking
some official action, under circumstances which demonstrate the witness or subscriber knew at
least one of the statements to be false when made.
3.) Under oath, or affirmation, or upon signing a statement, make or subscribe a false statement
which the person does not believe is true.
Part II. This ordinance shall take effect on and after its date of publication.
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1.3
Passed and Dated
City Clerk
Approved
Mayor
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1.3.a
CITY OF WAUWATOSA MEMO
MEMO TO: COMMUNITY DEVELOPMENT COMMITTEE
FROM: EILEEN MILLER CARTER, ASSISTANT CITY ATTORNEY
RE: PROPOSED ORDINANCE PROHIBITING FALSE SWEARING
DATE: MARCH 6, 2013
A. Issue.
Should an ordinance prohibiting False Swearing be adapted so the city’s law enforcement can issue
citations to people who falsely swear as to a representation of fact?
Attached is a proposed ordinance entitled “False Swearing” for placement in chapter 7 of the city code.
B. Background/Options.
The Wauwatosa police department recently requested that the city attorney’s office determine whether
a False Swearing ordinance could be incorporated into city ordinances so the conduct could be
prohibited and the law enforced at the municipal level by means of citations and forfeitures. Currently,
false swearing is a violation of state criminal statutes and has not been adapted by the City of
Wauwatosa as a civil forfeiture violation.
Prohibiting false swearing by means of an ordinance violation allows the police department to hold
accountable those people who falsely represent or allege some fact by oral or written statement. This
can occur in a variety of contexts and, commonly, when a customer at a secondhand store represents he
or she is the lawful owner of an item proposed to be sold but which is later determined stolen. The
situation can arise when a person is asked to swear or make an oath as to some representation of fact
that is false.
Secondhand dealers provide a form to a customer which requires the seller to certify he/she is the legal
owner and the item was not found or stolen. The form states if the customer/seller is providing a false
statement, he/she can be charged under the false swearing statute, § 946.32(2), which provides:
“ (2) Whoever under oath or affirmation or upon signing a statement pursuant to s. 887.015
makes or subscribes a false statement which the person does not believe is true is guilty of a
Class A misdemeanor.”
Because this statute has not been adopted by Wauwatosa, enforcement is only by criminal charges
originating from the district attorney’s office when the circumstances warrant criminal charges. The
police department advises that other municipalities routinely issue municipal citations to the actor or
co- actors for false swearing violations. Greenfield police often issue citations for false swearing
violations because the city hosts a large number of secondhand dealers in gold, jewelry and coins.
1
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Attachment: falseswearingmemofinal (1315 : False Swearing)
_____________________________________________________________________________________
An incident underlying this request recently occurred in a secondhand dealer store. The City of
Wauwatosa police were contacted by Oconomowoc police to report that it matched serial numbers of a
stolen laptop to a laptop recently sold at local secondhand game store. The police determined that the
seller had made a false statement when he completed required paperwork certifying that that the item
belonged to him and was not stolen or believed to be stolen. The state law pertaining to false swearing
criminalizes the conduct and can be prosecuted only on behalf of the state by the Milwaukee County
district attorney. However, under certain circumstances the district attorney’s office will not prosecute
false swearing violations. The police officer in this case indicated the district attorney’s office would not
prosecute that matter as a criminal matter and he could not identify any ordinance violations. The
conduct constituting false swearing in these scenarios harms the public and storeowners; those actors
making false statements for their advantage or gain should be held accountable for their actions.
Prohibition of false swearing at the municipal level deters potential sellers or actors from engaging in
similar conduct.
Swearing and making oaths encompass both oral and written statements. The ordinance will assist
police in holding those accountable for falsely representing they are the legal owner of an item for sale.
The ordinance can deter individuals from making false representations and oaths upon which innocent
people rely to their detriment. Where stolen property is involved, the ordinance may assist police in
tracking stolen property to return to its rightful owners.
C. Fiscal impact.
There is no cost involved in adapting the ordinance. If citations are issued for violations of this newly
enacted ordinance, the forfeitures will yield some income for the city. The amount is unknown.
D. Recommendation.
It is the city attorney’s recommendation that False Swearing be adapted as an ordinance to permit the
City of Wauwatosa police department to enforce those violations locally as a civil matter. This law
extends to sellers of stolen or found property to render them accountable for their actions and is
designed to protect the citizens and customers who perform transactions in the city.
2
Packet Pg. 10
Attachment: falseswearingmemofinal (1315 : False Swearing)
1.3.a