Number
050294
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BAUMAN
Title
Substitute resolution appropriating funds from the Outside Counsel/Expert Witness Fund Special Purpose Account for the purpose of retaining outside legal counsel in a case involving the Board of Zoning Appeals.
Analysis
This resolution appropriates $10,000 from the Outside Counsel/Expert Witness Fund Special Purpose Account for the purpose of paying outside legal counsel to oppose the request of Tri-Corp Housing, Inc., for a special use permit from the Board of Zoning Appeals to allow operation of a transitional living facility at 2713 West Richardson Place.
Body
Whereas, Tri-Corp Housing, Inc., has sought renewal of a special use permit that would allow Tri-Corp to operate a 92-bed transitional living facility, Samaria House West, at 2713 West Richardson Place (Board of Zoning Appeals Case No. 26203); and
Whereas, On June 9, 2005, the Board of Zoning Appeals denied Tri-Corp's special use permit request on the grounds, among others, that the facility is a danger to the health, safety and welfare of both its residents and the surrounding neighborhood; and
Whereas, Tri-Corp Housing, Inc., is now seeking from the Board of Zoning Appeals a special use permit to operate a 92-bed transitional living facility at 2713 West Richardson Place on the basis of “reasonable accommodation” pursuant to the federal Fair Housing Act and Americans with Disabilities Act; and
Whereas, Since the City Attorney represents the Board of Zoning Appeals, he is unable to represent the interests of the public in further proceedings before the Board; and
Whereas, It may be necessary to retain the services of expert witnesses in order to adequately represent the interests of the public; and
Whereas, The Outside Counsel/Expert Witness Fund Special Purpose Account is to be used by the City Attorney's Office for the purpose of retaining experts and outside legal counsel; and
Whereas, It would be in the City's best interest to retain outside experts and legal counsel to represent the public interest at further proceedings before the Board of Zoning Appeals on the issue of whether Tri-Corp Housing, Inc., is entitled to a reasonable accommodation for a special use permit to operate a 92-bed transitional living facility at 2713 West Richardson Place; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that $10,000 is appropriated from the Outside Counsel/Expert Witness Fund Special Purpose Account (fund 0001 9990 S157 006300) to the City Attorney's Office for the purpose of paying outside experts and legal counsel to oppose the reasonable accommodation for a special use permit requested in Board of Zoning Appeals Case No. 26203; and, be it
Further Resolved, That the City Attorney's Office is authorized to retain outside experts and legal counsel and expend the appropriation for the stated purposes; and, be it
Further Resolved, That application of these appropriated funds to a case other than the one referred to herein shall be subject to the further direction of the Common Council; and, be it
Further Resolved, That the proper City officers are authorized and directed to make whatever fund transfers are necessary or appropriate to carry out the provisions of this resolution.
Requestor
Drafter
LRB05254-2
JDO
06/17/05