City of Oak Creek

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www.oakcreekwi.orq
for the agenda and
accompanying
common council
reports.
Common Council
Chambers
8040 S. 6rH Street
OAKCREEK
-
wtscoNslN
Oak Greek,
Wl
53154
(4r4) 766-7000
-
COMMON COUNCIL MEETING AGENDA
TUESDAY, JUNE 7,2016
AT 7:00 P.M.
I
Call Meeting to Order / Roll Call
2
Pledge of Allegiance
3
Approval of Minutes: 5117116.
ition
4
Council Proclamation: Consider Council Proclamation No. 16-07 to Sharon Armstrong for
dedicated serv¡ce to the City of Oak Creek as a member of the Celebrations Commission (by
Committee of the Whole).
5.
Council Proclamation: Consider Council Proclamation No. 16-08 to Kristopher J. Holley for
dedicated service to the City of Oak Creek as a member of the Celebrations Commission (by
Committee of the Whole).
þ.
Gouncil Proclamation: Consider Council Proclamation No. 16-09 to Thomas Lewison for
dedicated service to the City of Oak Creek as a member of the Board of Review and Board of
Zoning / Housing Administration (by Committee of the Whole).
7
Council Proclamation: Consider Council Proclamation No. 16-10 to Sally Galewski for dedicated
service to the City of Oak Creek as a member of the Celebrations Commission (by Committee of
the Whole).
I
Gouncil Proclamation: Consider Council Proclamation No. 16-11 to Marta E. Weinrich for
dedicated service to the City of Oak Creek as a member of the Board of Zoning / Housing
Administration (by Committee of the Whole).
9
Council Proclamation: Consider Council Proclamation No. 16-12 to Melissa Hakes for dedicated
service to the City of Oak Creek as a member of the Board of Zoning / Housing Administration (by
Committee of the Whole).
10.
Gouncil Procfamation: Consider Council Proclamation No. 16-13 to Nicole Druckrey for
dedicated service to the City of Oak Creek as a member of the Community Development Authority
(by Gommittee of the Whole).
June 7, 2016 Council Meeting
Public Hearinss (beqinnins at 7:00 p.m.)
Citizen input, comments and suggesflons are requested on the specific item(s) identified below. Action by the Council may
occur at the same meeting if so included in the agenda.
11.
Gode Amendment: Consider a request to amend Section 17 .0316 of the Municipal Code which
would create the 8-6 lnterchange Regional Retail Zoning District (by Committee of the Whole).
12.
Ordinance: Consider Ordinance No. 2807, creating Section 17.0316 of the Municipal Code
to
create a new 8-6, lnterchange Regional Retail zoning district (by Committee of the Whole).
13
Rezone: Consider a request by Walden OC, LLC, A Delaware LLC, to rezone the property
located at 1830R W. Drexel Ave. from P-1, Park to 8-6, lnterchange Regional Retail
14
12nd
District).
Ordinance: Consider Ordinance No.2808, approving the rezoning of the property at 1830R
DrexelAve., from P-1, Park District, to 8-6, lnterchange Regional Retail District
W.
(2no District).
15
Rezone: Consider a request by HSI Oak Creek Partners, LLC, on behalf of Mary Voelker,
Margaret Munson, and Life Creek Church, lnc., to rezone and establish a Planned Unit
Development for the properties at 7721 S. Pennsylvania Ave.; and 2100, 2200, and 2280 E.
Drexel Ave. (1't District¡.
16
Ordinance: Consider Ordinance No. 2809, approving the rezoning of the properties a|7721 S.
Pennsylvania Ave., and 2100,2200, and 2280 E. Drexel Ave., EXCLUDING FW, Floodway, and
FF, Flood Fringe Districts, to Rm-1 (PUD), Multifamily Residential Planned Unit Development (1't
District).
Old Business
17
Motion: Consider a motion to concur with the Personnel Committee's recommendation regarding
the revised Supplemental Merit Compensation Award Administrative Policy (by Committee of the
Whole).
18.
Motion: Consider
a motion to select a polling place location for District 4
14th
District).
New Business
19.
Motion: Consider a motion to approve the City's participation in the Regional Transit Leadership
Council, as recommended by the Mayor (by Committee of the Whole).
20.
Ordinance: Consider Ordinance No.
21.
Motion: Consider a motion to concur with the Mayor's appointment as follows:
.44 of the Municipal
Code regarding limitation of dogs on occupied premises and increasing the total number of dogs
allowed from two to three (by Committee of the Whole).
281 1, repealing and recreating Section
Celebrations Commission - 3 vear term to expire 4/2019
Kim M. Jankowski, 8401 S. Palomino Dr.
Traffic & Safetv Commission - 3 year term to expire 412019
Rudolph M. Umbs, 1011 S. McGraw Drive
2
7
June 7, 2016 Council Meeting
22
Motion: Consider a motion to approve the 2016 Vendor Summary Report in the amount of
$436,422.43 (by Committee of the Whole).
COMMUNITY DEVELOPMENT
23
Ordinance: Consider Ordinance No. 2810, amending the Comprehensive Plan for the City of Oak
Creek affecting the properties at 6304 & 6340 S. Howell Ave., and 137,147, and 209 E. College
Ave. (1't District).
ENGINEERING
24.
Resolution: Consider Resolution No. 11696-060716, authorizing a collaborative effort with the
Oak Creek Water & Sewer Utility on the restoration of a segment of 15th Avenue under the Utility's
15th Avenue Water Main Extension project (3'd and 4th Districts¡.
25.
26.
Resolution: Consider Reso/ufion No. 11710-060716, acquiring Outlot 6 of Oakfield Village
Addition No. 2 Subdivision for storm water management purposes (Project No. 15022) (1't Districg.
Resof
ution: Consider Resolution No. 1 1711-060716, authorizing the expenditure of up to $60,000
to reimburse the Oak Creek-Franklin Joint School District for remediation of impacted soils found
on the secondary school site at 8640 S. Howell Ave.; and to allocate up to $35,000 of additional
Capital lmprovement Funds (Project No. 15002)13'd Districg.
LICENSE COMMITTEE
The License Committee met on May 18,2016. Recommendations are as follows
27
Motion: Consider a motion to qrant an Operator's license to Lisa Seefeldt, 2408 E. Grange Ave.,
Cudahy (Meijer).
28
Motion: Consider a motion to qrant
a Transient Merchant license to Ricky Dennis, 6210 S. 51st St.,
Greendale, selling home improvement products for Weather Pro Exteriors.
29
Motion: Consider a motion lo deny a Transient Merchant license to Matthew Dennis, 1 1098 W.
Forest Home Ave., Franklin, selling home improvement products for Weather Pro Exteriors, due to
felony convictions and for being a habitual offender.
30
Motion: Consider a motion to qrant renewal alcoholic beverage licenses for the period July 1,
2016 through June 30, 2017, with issuance subject to payment of any fees due and department
approvals as listed.
CLASS A BEER
Name
Butcher Block Meat Market, LLC
Douglas Alan Shulta, Agent
(Butcher Block Meat Market)
Sal's Beer & Wine LLC
Salvatore J. Colla, Agent
(Sal's Beer & Wine)
San itari an, I n spection
Rawson Citqo LLC
Location
9340 S. Chicago Rd
Home Address
W67 S19011 Tans Dr
Muskego
78725. HowellAve.
3833 W. Leah Ave.
Franklin
150 W. Rawson Ave.
4481W. Victorv Creek
3
June 7, 2016 Council Meeting
Adail Hamdan, Agent
(Rawson 66)
Ryan Road LLC
Pam Helman, Agent
(Rvan Road Shell)
Franklin
2170W. Ryan Rd.
4662 Lakeview Cir
Slinger
CLASS A BEER / CLASS A LIQUOR . GIDER. onlv
Name
Speedway LLC
Marcos A. Acevedo, Agent
(Speedwav #4462\
Ryan Road Oil
Greg Puetz, Agent
(Rvan Road Mobil)
Pilot Travel Centers
George Kutschma, Agent
(Pilot Travel Center #040)
Location
8667 S. HowellAve.
9444 S. Chicago Rd
Home Address
3316 W. Southland Dr
Franklin
3369 E. Woodview Ave.
Oak Creek
2031 W. Ryan Rd
N2239 Wilmot Blvd
Lake Geneva
CLASS A COMBINATION
Name
Kwik Trip lnc.
Kevin Butler, Agent
(Kwik Trio #290\
Kwik Trip lnc.
Richard McCord, Agent
lKwik Trio #422\
PDQ Food Stores, lnc.
Ken Kysely, Agent
(PDQ Store #355)
Sanitarian
P&K Kooner LLC
Kulwant Singh Kooner
(Checker Liquor)
Gary's Corporation of Oak Creek
Gary Hintz, Agent
(Gary's Beer & Liquor)
Target Corporation
Louisa Ann Wertzler, Agent
(Target Store T-1925)
Sanitarian
RAB Supermarkets, LLC
Ralph D. Malicki, Agent
(Piqqlv Wiqolv #342\
Mega Marts, LLC
Anthony Ciardo, Agent
(Pick 'n Save #6862)
Location
Home Address
7880 S. 10'" St.
10080 S. Shepard Ave
Oak Creek
9535 S. 13'' St.
2663 S. HowellAve.
Milwaukee
6300 27"'St.
W289 N7951 Park Dr
Hartland
9110 S. Chicago Rd
9104 S. Chicago Rd
Oak Creek
9555 S. HowellAve.
10065 S. McGraw Dr
Oak Creek
8989 S. HowellAve.
4876 S. 21'' St.
Milwaukee
2201 Ê. Rawson Ave
2513 116"'St.
Franksville
8770 S. HowellAve.
303 Meadow View Ct.
Waterford
Sanitarian
4
June 7, 2016 Council Meeting
Mega Marts, LLC
Matthew Meyer, Agent
(Tri-City Pick'n Save #6348)
6462 S. 27th St.
10312 63'' St.
Kenosha
Sanitarian
Mega Marts, LLC
Bradley J. Brunner, Agent
(Pick 'n Save #6387)
Woodman's Food Market, lnc.
David J. Keesey, Agent
(Woodman's Food Market)
Sanitarian
Love's Travel Stops & Country Stores,
lnc.
Charles Campbell, Agent
(Love's Travel Stop #432)
JC Stores lnc.
Kelly Weber, Agent
(Oasis Mobil)
Aldi, lnc. (Wisconsin)
Nancy Baker, Agent
(Atdi#01)
Midwest Retail Group-Oak Creek, lnc.
James F. Fiene, Agent
(7-Eleven #358414)
lnspection
Meijer Stores Limited Partnership
Christopher J. Hotfmann, Agent
(Meiier Store #283)
Meijer Stores Limited Partnership
Christopher J. Hoffmann, Agent
(Meiier Store #283 - Gas Station)
2320W. Ryan Rd.
5030 S. Guerin Pass
New Berlin
8131 S. HowellAve.
5301 26'" St.
Kenosha
9650 S. 20"'St.
6160 S. 6"'St.
Milwaukee
9510 s. 27"'St.
3554 Sheridan Rd., Lower
Kenosha
6810 S. 27th St.
2652 lris Ct.
Racine
1225W. Rawson Rd.
W303 N1584 Arbor Dr
Delafield
171W. Town Square Way
2224 CarlasWay
Mount Pleasant
8031 S. HowellAve
2224 CarlasWay
Mount Pleasant
Walgreens Co.
9449 S. HowellAve.
Cynthia Smith, Agent
(Walqreens #04887)
AT Mart, lnc.
Tilak KC, Agent
(Oak Creek Mobil)
10958 W. Cortez Rd.
Franklin
1200 W. Rawson Ave.
4415 N. Sheffield Ave.
Shorewood
CLASS B BEER
Name
Oak Pro ll, LLC
Location
6460 S. 13th St.
Molly Delforge, Agent
(Fairfield lnn & Suites)
Home Address
2167
5.90"'St
West Allis
CLASS B BEER / CLASS C WINE
Name
Panda Gourmet LLC
Xiao Xiong Liang, Agent
(Panda Gourmet)
Home Address
Location
8880 S. HowellAve., # 900
1385 E. Prairie View Dr
Oak Creek
5
June 7, 2016 Council Meeting
Milwaukee Area Tech College Ðistrict
Richard Busalacchi, Agent
(Milwaukee Area Tech College District South Camous)
The Noodle Shop, Co.
Colorado, lnc.
Jason Delmore, Agent
(Noodles & Company)
-
lnspection
Willkomm Foods LLC
Val Secor, Agent
(The Dish)
6665 S. HowellAve
6070 Oriole Ln
Greendale
8609 S. HowellAve
W237 S8060 Highland Dr
Big Bend
9540 s. 27'n St.
5922 90"'st.
Kenosha
2345 W. Ryan Rd
8690 W. Elm Ct.
Franklin
Sanitarian, l¡tspectio¡t
KiSin Phil
Sun K. Phil
(Yen Hwa Chinese)
lnspection
CLASS B COMBINATION
Home Address
Location
Name
812 W. Oakwood Rd
8655 S. Stonefield Dr
Oak Creek
6840 S. 27"'St.
717 5.35'n St.
Franklin
6874 S. 13'' St.
10416 S. Chicago Rd
Oak Creek
Woodland Golf, lnc.
Mary Ellen Joncas, Agent
(Woodland Golf)
3025 E. Elm Rd
3003 E. Elm Rd
Oak Creek
Pedone Restaurant & Catering
8469 S. HowellAve.
Cellar on Oakwood, LLC
Shirley Miksa, Agent
(The Cellar)
Sanitarian
Melrose Eatery, lnc.
Sam Diamantopoulos, Agent
(Melrose Eaterv)
Oak Creek Diner - Jacob, LLC
Teresa R. Jacob, Agent
(Oak Creek Diner)
lnspection
109 Accipiter Ct.
Burlington
Alison S. Pedone, Agent
(Trattoria diCarlo & Caterinq)
Classic Oak Creek Bowling LLC
Ed Vahradian Jr., Agent
(Classic Lanes Oak Creek)
Sanitarian
Butch's Co., lnc.
Mary Anne Schettle, Agent
(Butch's Big Mouth Frog.)
Sanitarian. I nspection
Southbound Saloon & Eatery LLC
Aleshia L. Sieren, Agent
(Southbound Saloon & Eatery)
7501 S. HowellAve.
7126
5.27"'St
6825 S. Harvard Dr
Franklin
16001 W. Riveria Dr
New Berlin
9504 S. Chicago Rd
lnspection
6
9510 S. Chicago Rd
Oak Creek
June 7, 2016 Council Meeting
8580 S. HowellAve
1035 E. Stonegate Dr
Oak Creek
130 W. Ryan Rd
6104 Churchwood Cir
Greendale
8900 s. 27'' St.
9676 S. Fox Run
Oak Creek
9327 S. Shepard Ave.
9570 s. 13'n St.
Oak Creek
9509 S. Chicago Rd.
2410 E. Elm Rd., Oak Creek
1490 51't St., Caledonia
10360 S. HowellAve.
1806 Forest HillAve.
South Milwaukee
Apple Hospitality Group, LLC
Ryan Sell, Agent
(Applebee's Neighborhood Grill & Bar)
7135 S. 13'n St.
3711 W. Birchwood Ave.
Milwaukee
Brian's Restaurant LLC
924 E. Rawson Ave.
601 E. Jordan Ln
Oak Creek Community Center
Richard Duchniak, Agent
(Oak Creek Community Center)
EAK, lnc.
Danielle Baerwald, Agent
(Erv's Mug)
lnspection
Jim Dandy's lnc.
Karen lwinski, Agent
(Jim Dandy's)
Sanitarian
Oelschlaeger-Dallman Post No. 434 of
the American Legion Dept of Wisconsin
Robert LaBrosse, Agent
(Oelschlaeger-Dallman Post No. 434 of
the American Legion Dept of Wisconsin)
Sanitarian
John Sagan
Joyce M. Mueller
(Cozy lnn)
Sanitarian
St. Ledger Enterprises, lnc.
James J. St. Ledger, Jr., Agent
(Oak Hills Golf)
lnspection
Oak Creek
Luljeta Abazi, Agent
(Brian's Restaurant)
Sanitarian
ZeqiriCorp.
3570 E. Puetz Rd.
3270 Normandy Dr
Oak Creek
1000 E. Rawson Ave.
1126 E. DrexelAve.
Oak Creek
6362 S. 13"'St.
6362 S. 13'" St.
Oak Creek
9011 S. Howell Ave
8219 S. Four Oaks Ct.
Franklin
8171 S. HowellAve
3704 92"" Place
Sturtevant
Lirim Zeqiri, Agent
(Market Place Café)
Sanitarian, I nspection
Brickler's Restaurant, LLC
Marla J. Brickler, Agent
(All in the Familv)
Comfort South, lnc.
Anthony Angelucci, Agent
(Comfort Suites)
Lotus Restaurant LLC
Wan YiZuo, Agent
(Lotus)
Blazin Wings, lnc.
Jared S. Bellis, Agent
(Buffalo Wild Wings)
lnspection
7
June 7, 2016 Council Meeting
KMDG LLC
Dennis Giannopoulos, Agent
(Branded Steer)
1229 W. College Ave.
1243Kerechun Rd
Huburtus
lnspection
9117 S. 5"'Ave
9117 S. 5"'Ave
Oak Creek
7864 S. HowellAve.
4733 S. 43rd St.
Greenfield
9430 S. 27th St.
9430 S. 27th St.
Oak Creek
823 W. Oakwood Rd
3248 Shortridge Dr
Racine
Name
Location
Home Address
Hush, LLC
8950 S. 27"'St.
4830 W. Vollmer Ave.
Greenfield
7241 S.13"'St.
3707 Meadow Rose Ct.
Franksville
7978 S. Main St.
7639 W. Lorraine Pl
Milwaukee
140 W. Town Square Way
1122 N. Edison St.
Milwaukee
111 W. Ryan Rd
14102 Marina Dr
Sturtevant
8701 S. HowellAve
506 4 Mile Rd.
Caledonia
Maria Cobian
(Victor's Again)
lnspection
Pineapple Café, LLC.
Sandra Bonita Madrigal, Agent
(Pineapple Cafe)
lnspection
Diane Dorothy Spingola
(Diane's Second Chance Saloon)
Fire, Sanitarian, lnspection
Tracy Rae's LLC
Tracy Johanneck, Agent
(Tracy Rae's)
lnspection
RESERVE CLASS B COMB¡NATION
Christina S. Clausen, Agent
(Bootz Saloon & Grill)
Police, lnspection
Family Entertainment, LLC
Kimberly Barengo, Agent
(South Shore Cinemas)
ZaMan 3, LLC
Sarah Baker, Agent
(Pizza Man Oak Creek)
Sanitarian, I nspection
WSB Oak Creek Restaurant, LLC
Robert C Schmidt, Jr., Agent
(Water Street Brewery)
lnspection
The Char-Grill lnc.
Jeffrey Marsh, Agent
(The Charcoal Grill & Rotisserie)
San itarian, I nspection
El Fogon Tacos and Beer, lnc.
Phil Landa, Agent
(El Fogon Tacos and Beer)
Sanitarian
8
June 7, 2016 Council Meeting
BelAir Cantina Oak Creek, lnc.
Kristyn Eitel, Agent
(BelAir Cantina Oak Creek)
410 W. Town Square Way
2923 N. Marietta Ave
Milwaukee
Sanitarian. I nspection
The following items were received after License Committee met. Tentative recommendations are as
follows:
31
Motion: Consider a motion to grant an Operator's license to the following (favorable background
report received):
Apollonia M. Jacobs, 5516 W. Rogers St., West Allis (Comfort Suites)
Adam Litchfield, 27240 Camp Lake Dr., Trevor (Marcus South Shore Cinemas)
Rebecca Trapp, 1203 W. Oakwood Rd. (Tracy Rae's)
Greg Renaud,7002 56th St, Kenosha (Target)
Brandon M. Marchant,1425 W. Armann Way (Kwik Trip - 10th)
Elizabeth RJ Lee, 2914 N. Cramer St., Milwaukee (Applebee's)
32
Motion: Consider a motion to grant Amusement Operator and Amusement Devices license(s) to
the following:
BrewerAmusement Company, LLC,412 Sparta St., McMinnville, TN
Wisconsin P&P Amusement, 12565 Lisbon Rd., Brookfield, Wl
Reggie's Amusements, LLC, 4918 S. Packard Ave., Cudahy, Wl
Games Are Us, lnc., 4905 S. Woodlawn Pl., Greenfield, Wl
.
.
.
.
MISCELLANEOUS
33
Motion: Consider a motion to convene into Closed Session pursuant to Wisconsin State Statutes
to discuss the following:
a.
b.
Section 19.85 (1Xe) to discuss a proposed Term Sheet between the Gity of Oak Creek and
Competitive Edge Software, lnc. for the redevelopment of the property at 7625 S. Howell
Ave. (1't District).
Section 19.85 (1Xe) to discuss a Land Purchase Agreement with The Waters Senior Living
Holdings, LLC for City-owned. property located at 8000 S. Market Street in Drexel Town
Square (Lot 2 - 2.54 acres) (2no District).
34.
Motion: Consider a motion to reconvene into Open Session.
35.
Resolution: Consider Resolution No. 11712-060716, approving a term sheet with Competitive
36.
Resolution: Consider Resolution No. 11714-060716, approving the land agreement with The
Waters Senior Living Holdings, LLC (2nd District).
Edge Software, lnc., for the redevelopment of the property at7625 S. Howell Ave. (1't District).
Adjournment.
9
June 7, 2016 Council Meeting
Public Notice
Upon reasonable notice, a good faith effort will be made to accommodate the needs of disabled individuals through sign language interpreters or
other auxiliary aid at no cost to the individual to participate in public meetings. Due to the difficulty in finding interpreters, requests should be made
as far in advance as possible preferably a minimum of 48 hours. For additional informat¡on or to request this service, contact the Oak Creek City
Clerk at 766-7000, by fax at 766-7976, or by wr¡ting to the ADA Coordinator at the Oak Creek Health Department, 8040 S. 6ih Street, Oak Creek,
Wisconsin 53'154.
It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the
above-stated meet¡ng to gather information; no action will be taken by any governmental body at the above-stated meeting other than the
governmental body specifically referred to above in this notice
l0
4
COUNCIL PROCLAMATION NO. 16.07
TO
SHARON ARMSTRONG
FOR DEDICATED SERVICE TO THE CITY OF OAK CREEK
AS A MEMBER OF THE
GELEBRATIONS COMMISSION
WHEREAS, Sharon Armstrong was appointed to the Celebrations Commission in April, 2005, and
has served for eleven years; and
WHEREAS, Sharon Armstrong has resigned from the Celebrations Commission etfective April,
2016; and
WHEREAS, Sharon Armstrong was instrumental in organizi¡g the yearly Pig and Chicken Roast
and joyfully participated in the Summer Concert Series, the 4In of July Celebrations and the Holiday
Tree Lighting ceremony; and
WHEREAS, Sharon Armstrong has served the City in a thorough, conscientious and professional
manner,
NOW, THEREFORE, BE lT RESOLVED that the Mayor and Common Council of the City of Oak
Creek do hereby show their appreciation and gratitude to Sharon Armstrong for her dedicated
service to the City of Oak Creek as a member of the Celebrations Commission.
BE lT FURTHER RESOLVED that this proclamation be spread upon the minutes of this meeting
and that the City Clerk be and she is hereby directed to transmit a suitable copy thereof to Sharon
Armstrong.
lntroduced and adopted this
7th
day of June, 2016.
Kenneth Gehl, Common Council President
Stephen Scaffidi, City of Oal< Creek
ATTEST
Catherine A. Roeske, City Clerk
Vote: Ayes
Noes
_
ó
COUNCIL PROCLAMATION NO. 16.08
TO
KRISTOPHER J. HOLLEY
FOR DEDICATED SERVICE TO THE GITY OF OAK CREEK
AS A MEMBER OF THE
CELEBRATIONS COMMISSION
WHEREAS, Kristopher Holley was appointed to the Celebrations Commission in March, 2013,
and has served for three years; and
WHEREAS, Kristopher Holley has resigned from the Celebrations Commission effective April,
2016; and
WHEREAS, Kristopher Holley has served the City in a thorough, conscientious and professional
manner.
NOW, THEREFORE, BE lT RESOLVED that the Mayor and Common Council of the City of Oak
Creek do hereby show their appreciation and gratitude to Kristophe_r Holley for her dedicated
service to the City of Oak Creek as a member of the Celebrations Commission.
BE lT FURTHER RESOLVED that this proclamation be spread upon the minutes of this meeting
and that the City Clerk be and he is hereby directed to transmit a suitable copy thereof to
Kristopher Holley.
tntroduced and adopted this 7th day of June, 2016.
Kenneth Gehl, Common Council President
Stephen Scaffidi, City of Oak Creek
ATTEST
Catherine A. Roeske, City Clerk
Vote: Ayes
_
Noes
a
COUNGIL PROCLAMATION NO. 16.09
TO
THOMAS LEWISON
FOR DEDICATED SERVICE TO THE CITY OF OAK CREEK
AS A MEMBER OF THE
BOARD OF REVIEW
AND
BOARD OF ZONING / HOUSING ADMINISTRAT¡ON
WHEREAS, Thomas Lewison was appointed to Board of Review on August 21,2001, and has
served on that board for fifteen years, serving as Vice-Chair since 2010; and
WHEREAS, Thomas Lewison was appointed to Board of Zoning / Housing Administration on
September'2,2008, and has served on that board for eight and one-half years, serving as Vice
Chairman since 2013; and
WHEREAS, Thomas Lewison has resigned from Board of Review and Board of Zoning / Housing
Administration etfective February, 2016; and
WHEREAS, Thomas Lewison has served the City in a thorough, conscientious and professional
manner.
NOW, THEREFORE, BE lT RESOLVED that the Mayor and Common Council of the City of Oak
Creek do hereby show their appreciation and gratitude to Thomas Lewison for her dedicated service
to the Gity of Oak Creek as'á member of the Board of Review and Board of Zoning / Housing
Administration.
BE lT FURTHER RESOLVED that this proclamation be spread upon the minutes of this meeting
and that the City Clerk be and he is hereby directed to transmit a suitable copy thereof to Thomas
Lewison.
lntroduced and adopted this
7th
day of June, 2016.
President, Common Council
Mayor, City of Oak Creek
ATTEST
City Clerk
Vote:
Aves
Noes
,'t
COUNCIL PROCLAMATION NO. 16-10
TO
SALLY GALEWSKI
FOR DEDICATED SERVICE TO THE GITY OF OAK CREEK
AS A MEMBER OF THE
CELEBRATIONS GOMMISSION
WHEREAS, Sally Galewskiwas initially appointed to the Celebrations Commission in March, 1991,
and served for two years before resigning to raise her family; and
WHEREAS, Sally Galewskiwas again appointed to the Celebrations Commission in March,2013,
and served for three years; and
WHEREAS, Sally Galewskiwas instrumental in organizing the City's "Pay-lt-Forward" campaign and
yearly 4tn of July Celebrations; and
WHEREAS, Sally Galewski has resigned from the Celebrations Commission effective April, 2016;
and
WHEREAS, Sally Galewski has served the City in a thorough, conscientious and professional
manner.
NOW, THEREFORE, BE lT RESOLVED that the Mayor and Common Council of the City of Oak
Creek do hereby show their appreciation and gratitude to Sally Galewski for her dedicated service to
the City of Oak Creek as a member of the Celebrations Commission.
BE lT FURTHER RESOLVED that this proclamation be spread upon the minutes of this meeting
and that the City Clerk be and she is hereby directed to transmit a suitable copy thereof to Sally
Galewski.
lntroduced and adopted this
7th
day of June, 2016.
President, Common Council
Mayor, City of Oak Creek
ATTEST:
City Clerk
Vote: Ayes
_
Noes
E
COUNCIL PROCLAMATION NO. 16-11
TO
MARTA E. WEINRICH
FOR DED¡GATED SERVICE TO THE GITY OF OAK CREEK
AS A MEMBER OF THE
BOARD OF ZONING / HOUSING ADMINISTRATION
WHEREAS, Marta Weinrich was appointed to the Board of Zoning / Housing Administration in May,
2012, and has served for three years; and
WHEREAS, Marta Weinrich has resigned from the Board of Zoning
effective June, 2015; and
/
Housing Administration
WHEREAS, Marta Weinrich has served the City in a thorough, conscientious and professional
manner.
NOW, THEREFORE, BE lT RESOLVED that the Mayor and Common Council of the City of Oak
Creek do hereby show their appreciation and gratitude to Marta Weinrich for her dedicated service
to the City of Oak Creek as a member of the Celebrations Commission.
BE lT FURTHER RESOLVED that this proclamation be spread upon the minutes of this meeting
and that the City Clerk be and she is hereby directed to transmit a suitable copy thereof to Marta
Weinrich.
lntroduced and adopted this
7th
day of June, 2016,
President, Common Council
Mayor, City of Oak Creek
ATTEST:
City Clerk
Vote: Ayes
_
Noes
q
COUNCIL PROCLAMATION NO. 16.12
TO
MELISSA HAKES
FOR DED¡GATED SERVICE TO THE GITY OF OAK CREEK
AS A MEMBER OF THE
BOARD OF ZONING / HOUSING ADMINISTRATION
WHEREAS, Melissa Hakes was appointed to the Board of Zoning / Housing Administration in May,
2009, and has served for seven years; and
WHEREAS, Melissa Hakes has resigned from the Board of Zoning
effective May, 2016; and
/ Housing Administration
WHEREAS, Melissa Hakes has served the City in a thorough, conscientious and professional
manner.
NOW, THEREFORE, BE lT RESOLVED that the Mayor and Common Council of the City of Oak
Creek do hereby show their appreciation and gratitude to Melissa Hakes for her dedicated service to
the City of Oak Creek as a member of the Celebrations Commission.
BE lT FURTHER RESOLVED that this proclamation be spread upon the minutes of this meeting
and that the City Clerk be and she is hereby directed to transmit a suitable copy thereof to Melissa
Hakes,
lntroduced and adopted this
7th
day of June, 2016.
President, Common Council
Mayor, urty of Oak Creek
ATTEST
City Clerk
Vote: Ayes
Noes
lo
COUNCIL PROCLAMATION NO. I6-13
TO
NIGOLE DRUCKREY
FOR DEDICATED SERVICE TO THE CITY OF OAK CREEK
AS A MEMBER OF THE
COMMUNITY DEVELOPMENT AUTHORITY
WHEREAS, Nicole Druckrey was appointed to the Community Development Authority on January
17,2012, and has served for four years; and
WHEREAS, Nicole Druckrey has resigned from the Community Development Authority effective
May,2016; and
WHEREAS, Nicole Druckrey has served the City in a thorough, conscientious and professional
manner.
NOW, THEREFORE, BE lT RESOLVED that the Mayor and Common Council of the City of Oak
Creek do hereby show their appreciation and gratitude to Nicole Druckrey for her dedicated service
to the City of Oak Creek as a member of the Community Development Authority.
BE lT FURTHER RESOLVED that this proclamation be spread upon the minutes of this meeting
and that the City Clerk be and he is hereby directed to transmit a suitable copy thereof to Nicole
Druckrey.
lntroduced and adopted this
7th
day of June, 2016.
Kenneth Gehl, Common Council President
Stephen Scaffidi, City of Oak Creek
ATTEST:
Catherine A. Roeske, City Clerk
Vote: Ayes
Noes
_
Ir
TQ BE PUBLISHED MAY 12, 2016 AND MAY 19, 2016
OFFICIAL NOTICE
NOTICE OF PUBLIC HEARING
BEFORE THE OAK CREEK COMMON COUNCIL
PURPOSE: The purpose of this public hearing is to consider a proposed amendment to Section
17.0316 of the Municipal Code which would create the 8-6 lnterchange Regional Retail Zoning
District.
Hearing Date:
Time:
Place:
Tuesday, June 7, 2016
7:00 p.m.
Oak Creek Citv Hall
8040 South 6tñ Street
Oak Creek, Wl 53154
Common Council Chambers
Proposal: The proposed amendment would amend Section 17.0316 of the Municipal Code to
create a new zoning district classification entitled 8-6, lnterchange Regional Retail.
The 8-6 lnterchange Regional Retail District is intended to provide for the orderly and attractive
grouping of high-intensity retail, commercial and mixed uses along the federal interstate highway
system. Areas that may be designated as part of the 8-6 district shall be limited to contiguous
premises that abut the federal interstate highway system, and at least one (1) premises shall include
a Destination Retail building with a gross floor area of 250,000 square feet or more.
The entire text of the proposed 8-6 lnterchange Regional Retail District is available for review upon
request. Any person(s) with questions regarding the proposed change may contact the City of Oak
Creek at(414) 766-7000, during regular business hours (7:30 a.m. - 4:00 p.m.).
Date of Notice: May 4,2016
CITY OF OAK CREEK COMMON COUNCIL
By: Stephen Scaffidi, Mayor
PUBLIC NOTICE
PLEASE NOTE: Upon reasonable notice, a good faith effort will be made to accommodate the needs of
disabled individuals through sign language interpreters or other auxiliary aid at no cost to the individual to
participate in public meetings. Due to the difficulty in finding interpreters, requests should be made as far
in advance as possible, preferable a minimum of 48 hours. For additional information or to request this
service, contact the Oak Creek City Clerk at 766-7000, or by writing to the ADA Coordinator at the Health
Department, City Hall, 8040 South 6'n Street, Oak Creek, Wisconsin 53154.
City of Oak Creek
Common Council Report
Meeting Date: June 7,2016
ttem
No.: / &
Recommendation: That the Common Council adopts Ordinance No. 2807 creating Section 17.0316 of the
Municipal Code to create a new 8-6, lnterchange Regional Retail zoning district.
Background: The City's existing Zoning Code (Chapter 17) regulates commercial zoning districts (B-1 Local Business, B-2 - Neighborhood Business, B-3 - Office and Professional Business and B-4 - Highway
Business) according to their scale and intensity of permitted and conditional uses. Council will note that
there no longer is a B-5 zoning district. The B-5 district was originally used to regulate adult-oriented
businesses, and has since been replaced by similar language in manufacturing zoning districts.
The proposal before Council this evening is to create a new commercial zoning district: the 8-6, lnterchange
Regional Retail zoning district. This new district recognizes the regional draw created by national or
international destination retailers, and how the requirements of large projects such as these often differ from
more traditional requirements of the City's zoning code that are designed to regulate groupings of local
businesses.
Many of the specific requirements of this zoning district apply only to destination retailers in excess of
250,000 square feet. These destination retailers draw from a much larger trade area than local businesses,
and thus may require greater visibility and freeway exposure to direct their customers - who in many cases
will be from outside the region or state to their premises in a safe and efficient manner. As such, the
requirements and standards for signage are proposed to be different than the City's current standards, which
would be ineffective and out of scale with such large commercial developments. Likewise, many of the City's
landscaping standards and percentages, when applied to such a large development, may be considered
-
excessive.
National or international destination retailers, in many cases, also have very specific brand standards which
may include colors, materials and architectural styles that may not align with the City's current Code
requirements.
While the proposed Code changes acknowledge the unique needs and requirements of destination retailers,
they also are crafted in such a manner that hold adjacent supportive retail within the same zoning district to
standards that are more consistent with the City's traditional standards for architecture, signage and
landscaping.
Fiscal lmpact: The development of property for destination retail within this zoning district, also located
within TID No. 12, will result in a significant increase to the City's tax base.
Respectfully Submitted,
Prepared by
Seym
, AICP
of Community Development
Fiscal
by:
Bridget M
Finance Director/Com
Gerald Peterson, ICMA-CM
City Administrator
TA BE PUEuSHED MAY 12,2016 AND MAY 19, 2016
OFFICIAL NOTICE
NOTICE OF PUBLIC HEARING
BEFORE THE OAK CREEK COMMON COUNCIL
is to consider a proposed amendment to Section
Municipal Code which would create the 8-6 lnterchange Regional Retail Zoning
PURPOSE: The purpose of this public hearíng
17.0316 of the
District.
Hearing Date:
Tuesday, June 7, 2016
Time:
Place:
7:00 p.m.
Oak Creek Citv Hall
8040 South 6tñ Street
Oak Creek, Wl 53154
Common Council Chambers
Proposal: The proposed amendment would amend Section 17.0316 of the Municipal Code to
create a new zoning distríct classification entitled 8-6, lnterchange Regional Retail.
The 8-6 lnterchange Regional Retail District is intended to provide for the orderly and attractive
grouping of hígh-intensity retail, commercial and mixed uses along the federal interstate highway
system. Areas that may be designated as part of the 8-6 district shall be limited to contiguous
premises that abut the federal interstate highway system, and at least one (1) premises shall include
a Destination Retail building with a gross floor area of 250,000 square feet or more.
The entire text of the proposed 8-6 lnterchange Regional Retail District is available for review upon
request. Any person(s) with questions regarding the proposed change may contact the City of Oak
Creek at $1$ 766-7000, during regular business hours (7:30 a.m. - 4:00 p.m.).
Date of Notice: May
4,2016
CITY OF OAK CREEK COMMON COUNCIL
Stephen Scaffidi, Mayor
By:
PUBLIC NOTICE
PLEASE NOTE: Upon reasonable notice, a good faith effort will be made to accommodate the needs of
disabled individuals through sign language interpreters or other auxiliary aid at no cost to the individual to
participate in public meetings. Due to the difficulty in finding ínterpreters, requests should be made as far
in advance as possible, preferable a minimum of 48 hours. For additíonal information or to request this
service, contact the Oak Creek City Clerk at 766-7000, or by writfng to the ADA Coordinator at the Health
Department, City Hall, 8040 South 6th Street, Oak Creek, Wisconsin 53154.
LOCATION MAP
PROPOSED B-6 ZONING DISTRICT
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Rs-2
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B-3
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This map is not a suvey of the actual boundary of any propefty this map depicts.
@
OAKCREEK
-
wt3coNstN
Deportment of Community Development
il
-åqF'
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Legend
ft-
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Proposed
Floodway
&6 D¡strict
MINUTES OF THE
OAK CREEK PLAN COMMISSION MEETING
ÏUESDAY, MAY 10,2016
Mayor Scaffidi called the meeting to order at 6:00 p.m. The following Commissioners were
present at roll call: Commissioner Dickmann, Commissioner Johnston, Commissioner Carrillo,
Alderman Bukiewicz, Mayor Scaffidi, Alderman Guzikowski, Commissioner Correll,
Commissioner Siepert, and Commissioner Chandler. Also present: Kari Papelbon, Planner;
Pete Wagner, Zoning Adminístrator; Doug Seymour, Director of Community Development; and
Mike Kressuk, Assistant Fire Chief.
Commissíoner Dickmann moved to approve the April 26, 2016 meeting minutes. Commissioner
Siepert seconded. On roll call: Mayor Scaffidi and Commissioner Correll abstained. All others
voted aye. Motion carried.
ditions and Restrictions
Greek Partners, LLC
772
Pennsylvania Ave.; and 2100, 2200, and 2280 E. Drexel Ave.
Tax
779-9991-001, 779-9006, 779-9007, and 779-9008
nted that the Plan Commission recommended the rezone and Planned Unit
pproval at the last meeting. Plan Commission is now reviewing the
proposed by Staff. Ms. Papelbon called attention to several
sections of the Con
and Restrictions where she requested input from the Commission
First was the issue of ti
compliance. Code requires that a building permit be issued within
l. Due to the multi-phase nature of this project, the applicants
twelve (12) months of
have requested an exte
eighteen (18) months from the time of Council approval to
obtain a building permit for
ln addition, the applicant is requesting 48 months from the
time of Council approval to obtain
lding permit for Phase ll. Ms. Papelbon requested the
Commission's input on the requests
nsion on the time of compliance
Karí
Development
Conditions and
Alderman Bukiewicz noted that he did not
an issue with extending the time of compliance
for either phase, adding that there are many
that can affect whether or not a building
project stays on schedule. Commissioner
n likewise did not have an issue with the
request for extension, however he expressed
the applicant might build Phase I and
not follow through with Phase ll. Ms. Papelbon
that this could be the case.
uage included to prevent building
Commissioner Dickmann inquired whether there could
Phase I only. Ms. Papelbon clarified that if the applicant
obtain a building permit within
n for approvals before
48 months for Phase ll, they would need to return to the Plan
public amenities such as
moving fon¡vard. The majority of the project is in Phase l, includ
most of the apartment
the pool, clubhouse, proposed gazebo, and walking paths, as
interests to complete
buildings. Alderman Bukiewicz pointed out that it is in the develope/s
objectives of the
both phases because it provides a greater capacity to meet the fi
the extension
development. Commissioner Conell commented that he did not see an
phase.
why
compliance
for either
the
Commissioner Chandler inquired of the applicant
would not be set for twelve months, and extended if necessary.
Tony DeRosa, HSI Oak Creek Partners, LLC, 18500 W. Corporate Drive, BrooKield
Mr. DeRosa noted that the reason they are requesting the Phase I extension to
Page 1 of 10
e
Director of Community Development, upon written recommendation of the Electrical
lnspector', prior to the issuance of building permits.
9. That plans addressing grading, drainage, and stormwater quality (including the use of
stormwater best management practices) be approved by the City Engineer prior to the
issuance of building permits.
10. That all water and sewer utility connections are coordinated with the Oak Creek Water &
Sewer Utility.
Commissioner Siepert seconded. On roll call: all voted aye. Motion carried.
Mayor Scaffidi noted that he would be turning the meeting over to Alderman Bukiewicz al7:40
Zoning Text Arnendment
17.0316, 8-6, lnterchange Regional Retail District
Kari Papelbon explained the reason for this text amendment proposal is to create a new zoning
district to recognize the regional draw created by destínation retailers, the requirements of which
may differ from the City's existing Zoning Code. Many of the elements of this proposal apply
only to destination retailers in excess of 250,000 square feet. These types of retailers may
require greater visibility for customers to provide appropriate and safe access to those locations.
Commissioner Siepert inquired whether the City has looked at other existing areas which might
qualify for the proposed new 8-6 zoning. Ms. Papelbon noted that, at this time, the 8-6
designation is specific to this location. Other areas might be considered in the future, but Doug
Seymour reiterated that the only properties which would be considered for this zoning
classification would be regional destination retailers at 250,000 square feet or more. The City
would not pre-emptively zone properties 8-6.
Ann Lampe, 8436 S. HowellAve., Oak Creek:
Mrs. Lampe raised a concern about the minimal setbacks in this zoning district, leaving the
surrounding property owners with less privacy. She also noted her attendance at a prior
meeting in November of 2015 which addressed changes to the strategic plan (sic) to make this
area Mixed Use, which would also include residential areas. This is a departure from the
strategic plan (sic) which was accepted by the City in December. She does not feel that this
zoning change is appropriate relative to the new elementary school positioned across the street.
She fointed-out that in spite of an entrance to the proposed IKEA site from 27th St., visitors
traveling to Oak Creek from out of town are going to be exiting off the freeway west on Drexel,
and will use the first point of access to the store, which will be the 20'n St. entrance between the
school and the retailer site. She also expressed concern that the residential uses along Drexel
Ave. might not remain residential, as they are predominantly rental properties owned by the
same entity that owns the retailer site.
Doug Seymour responded that the IKEA store is just one element of the overall Mixed Use area,
which does not necessarily have to include residential. At the time of the school was zoned
lnstitutional and the Comprehensive Plan was changeó there were sixty acres of land planned
for a substantially different use than the previous park use. Those sixty acres have the potential
to generate a significant amount of traffic. Mr. Seymour acknowledged that the access road to
the retail site would not be the type of access road that one would typically see in the vicinity of
a schooi; however, the Tranic impact Anaiysis being cione ior the entire Drexei Avenue Corricior
will take into account the allowable range of uses for that area to provide safe access to all of
Page 7 of 10
the planned uses. Mr. Seymour displayed an aerial rendering showing the location of the IKEA
store relative to the school, noting that the IKEA site is approximately 1,000 feet north of the
school driveway. The peak times of business will not coincide with peak times for schooltraffic,
with the heaviest traffic for the IKEA store occurring during the weekends.
Dan Bukiewicz commented that the school district is working with the City to install a fence to
protect the school areas from traffic. He added that pickup, whether by bus or car, will be in the
school parking lot. There will not be street pickup as seen at other elementary school locations.
Mayor Scaffidi also noted that as a measure to keep students safe, the City is absorbing the
$20,000 expense to construct a fence around the school property. He added that the school
Superintendent has been involved in díscussions about the IKEA from the very beginning, and
was comfortable with the location of the store relative to the school.
Ryan Maughan, 1830 W. DrexelAve., Oak Creek:
Mr. Maughan feels that putting an IKEA at this site is in conflict with the Mixed Use designation
in the 2020 Comprehensive Plan. He also commented that the maps released to the public (on
display during the meeting) do not show the houses along Drexel Ave. He felt that this is a
misrepresentation of what is actually located in that space, and gives the impression that this
development will not ímpact a residential area. Mayor Scaffidi responded that the City did not
release those maps, but that the Commissioners are well aware of the seven houses located
south of the store site. Mr. Maughan also expressed concern that all traffic has to travel past
the school to get to the IKEA site, and even though the peak times for each building do not
overlap, there are after-school activities at the school that he felt would be impacted by traffic to
the store site.
Nick Schmidt,7842 S. 13th St., Oak Creek:
Mr. Schmidt expressed his opinion that Oak Creek is growing too fast, and urged members of
the Commission to do their due diligence in making major decisions that will benefit the City.
Mayor Scaffidi responded that the Commissioners spend a great deal of time reviewing Plan
Commission materials prior to meetings.
Mayor Scaffidi called for a motion. Commissioner Dickmann moved that the Plan Commission
recommends to the Common Council that Section 17.0316 of the Municipal Code be amended
to create a new lnterchange Regional Retail Zoning District, after a public hearing.
Commissioner Siepert seconded. On roll call: all voted aye. Motion carried.
Mayor Scaffidi turned the meeting over to Alderman Bukiewicz.
Walde n
1830R W. Drexe
Tax Key No. 78¿t-9021
Mutual)
a rendering of th ea
lnterchange Regional Retail District.
Kari Papelbon displayed
to be rezoned to the new 8-6,
Commissioner Correll inquired if the zoning for this property were to
classification, what type of development would be excluded by the zoning cha
Page 8 of 10
as unpleasant smells, or a high volume of truck traffic. Limiting their production is going to
on those types of nuisances. Mr. VVagner responded that limiting by production
qua
would be difficult to enforce. Using square footage parameters in tandem with quantity
will go a long way to ensuring that these types of businesses do not get too large
that they
other logistical issues in our commercial districts. Kari Papelbon added that
istilleries limited by quantity have the capacity to manufacture their
existing m
product up to a
in amount, but that does not necessarily mean that they will reach that limit.
lmposing that th
would allow a business room for expansion before they would need to
move from a com
to a manufacturing district. Alderman Guzikowski and Commissioner
Siepert voiced their
using both square footage and production limitations in the Code
that other communities limit the square footage based on a
requirements. Pete Wagn
percentage of the overall size
facility. For instance, production might be limited to no
more than fifty percent of the
, with the remaining portion used for retail operations or a
tasting room.
Adam Murphy, 9S43 S. 27th St., Franklin
Oak Creek. He explained that one of the
Mr. Murphy is interested in opening a distillery
state to state is that distilleries are
reasons why there are differences in regulations
at the state level. The State of
controlled at the federal level, while tasting rooms are
Wisconsin requires that a tasting room for a distillery be
, while other states allow tasting
- sales outside of the tasting
rooms off-site. Wisconsin uses a three-tier distribution
a tasting room is critical to
rooms need to go through distributors, then retailers. He
generated through the
the success of a microdistillery - approximately 10-32o/o o'Í
product
is no distributor or
tasting rooms. ln this case, there is a 100% return on the
to Oak Creek is
retailer taking a portion of the profits. His concem in bringing a
possibilities, but
where the City would allow it to be located. He mentioned several
al area
those locations would not necessarily draw customers in, particularly in an
tn
Alderman Bukiewicz added that discussion on this topic is timely as there is g
that
bringing these types of businesses to the area. His opinion is to limit by square
it is important to allow for expansion. Pete Wagner noted that at this point, the Staff's
is to provide information to the Commission for consideration prior to any requests
Conditional Use.
Commissioner Carrillo moved to adjourn. Commissioner Correll seconded. On roll
voted aye. Motion carried. The meeiing was adjourned at 8:11 p.m.
ATTEST
5t24t16
las S
Plan Commission Secretary
Page 10 of 10
call:
all
ORDINANCE NO.2807
BY
AN ORDINANCE TO CREATE SECTION 17.0316 OF THE MUNICIPAL CODE WHICH WOULD
CREATE THE 8-6, INTERCHANGE REGIONAL RETAIL ZONING DISTRICT
The Common Council of the City of Oak Creek does hereby ordain as follows:
SECTION 1: Section 17.0334 of the Municipal Code is created to read as follows:
SEC. 17.0316: 8-6 INTERCHANGE REGIONAL RETAIL DISTRICT - The 8-6 lnterchange Regional
Retail District is intended to provide for the orderly and attractive grouping of high-intensity retail,
commercial and mixed uses along the federal interstate highway system. Areas that may be designated
as part of the 8-6 district shall be limited to contiguous premises that abut the federal interstate highway
system, and at least one (1) premises shall include a Destination Retail building with a gross floor area of
250,000 square feet or more. The zoning regulations applicable to the 8-6 District set forth in this Section
17.0316 override and supersede any and all contrary provisions in Chapter 17 of the Municipal Code. ln
the event that any other provisions of Chapter 17 are contrary to any provisions in this Section 17.0316,
the provisions of this Section 1 7.0316 shall control.
a.
Definitions:
(1)
(2)
(3)
b.
Destination Retail. A type of store that attracts regional customers as their ultimate
destination.
Hioh-intensitv uses. Uses which (a) are logically dependent upon, and can offer regional
access within, one-half mile of freeway interchange entrances and exits, (b) draw customers
from a trade area that extends beyond the Seven-County Southeastern Wisconsin Region,
and (c) incorporate Destination Retail.
Seven-Countv Southeastern Wisconsin Reqion. The region of Wisconsin comprised of
Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, and Waukesha counties.
Permitted uses; Ihe following are permitted uses, provided that there is no outdoor storage of
merchandise:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
Applíance stores.
Banks, savings and loan associations, and other financial institutions.
Confectioneries and ice cream stores.
Delicatessens.
Department stores.
Electronicsstores.
Furniture stores.
Hardware stores.
lnterior decorators and home interiors.
Private lndoor physicalfitness centers and health clubs.
Offices including medical office buildings.
Restaurants, without drive-in or drive-through facilities.
Specialty food stores.
Theaters
Shoe stores.
Clothing stores.
Jewelry stores.
Hospitals and day surgery clinics.
c.
Permitted accessory uses.'
Cafeterias, delicatessens, bistros, and restaurants accessory to and located within
the same building as a permitted use.
Cart storage areas and enclosures.
Customer pickup areas used in conjunction with the operation of the business.
Garages used for storage of vehicles used in conjunction with the operation of the
(1)
(2)
(3)
(4)
business.
Garden centers attached to and primarily accessed from the principal structure.
Grocery stores within and accessory to a Destination Retail building.
Off-street parking and loading areas used in conjunction with the operation of the
business.
Solar collectors attached to and serving only the principal structure.
Supervised and unsupervised children's play areas located within the same
building as a permitted Destination Retail use.
Warehouse and office uses accessory to and located within the same building as a
permitted Destination Retail use, provided that such uses may occupy greater floor
area than the permitted use so long as the building has a gross floor area of
250,000 square feet or more.
(5)
(6)
(7)
(8)
(e)
(10)
d.
Conditional uses:
(1)
(2)
(3)
(4)
(5)
e.
Hotels
Restaurants with drive-in or drive-through facilities. No drive-in or drive through
restaurant shall sell or dispense alcoholic beverages. All drive-in/drive-through
restaurants must also have indoor dining areas.
Solar energy collectors erected as accessory structures and serving only the
principal structure.
Multi-family dwellings meeting the provisions of Section 17.031 1(a) or (c) of the
Municipal Code and further provided that they are part of a mixed use
development.
Outdoor storage, sales and/or display of retail merchandise.
Lot area and width.
Lots shall have a minimum area of 40,000 square feet and shall be not less than 150 feet in
width. Lots shall provide sufficient area and width for the principal structure(s) and its accessory
structures, off-street parking and loading areas, and required setbacks.
f.
Building height and area:
(1)
No principal building or parts of a principal building shall exceed eighty (80) feet or six
(6) stories in height, whichever is higher. No accessory building shall exceed thirtyfive (35) feet in height, subject to regulations and permitting requirements under the
jurisdiction of the Federal Aviation Administration and Milwaukee County.
(2) The sum total of building footprints shall not exceed forty (40) percent of the lot area
g.
Building sefbacks and yards:
(1) There shall be a minimum front setback of twenty-five (25) feet from the right-of-way
(2)
(3)
of all public streets excluding interstate highways. Setbacks from interstate highways
shall be governed by federal requirements.
There shall be a side setback on each side of not less than ten (10) feet.
There shall be a rear setback of not less than fifteen (15) feet.
2
h.
Loading:
Notwithstanding any contrary provision of Section 17 .0402, the minimum number of loading and
unloading spaces required for Destination Retail premises containing a building with a gross floor
area of 250,000 square feet or more shall be five (5) spaces.
i.
Parking:
Notwithstanding any contrary provision of Sections 17.0403 and 17.0404:
(1) Buffers, landscape
(2)
l.
areas and screening for parkíng lots on Destination Retail premises
containing a building with a gross floor area of 250,000 square feet shall be consistent with
and requirements set forth in subsection (m) below and plans approved by Plan Commission.
The minimum number of parking spaces required for Destination Retail premises containing a
building with a gross floor area of 250,000 square feet or more shall be (3) spaces per 1,000
square feet of gross floor area.
Signs:
The following signs, subject to the following regulations and with Plan Commission approval and
issuance of sign permits, are permitted on a Destination Retail premises which includes a building
with a gross floor area of 250,000 square feet or more. All provisions of Sections 17.0701 through
17.0715 of the Municipal Code (Signs) shall apply unless otherwise modified in this Section:
1.
2.
3.
4.
One ground-mounted sign, with one or more sign faces, directed to the interstate
highway of no more than one hundred ten (1 10) feet in height with internally-illuminated
sign panels. Each sign face shall have a maximum of six hundred (600) square feet in
area. The structural design of signs in excess of 100 feet in height shall be certified by a
licensed professional engineer.
One ground-mounted illuminated entrance sign at the main premises entrance of the
Destination Retail, which may be up to fifteen (15) feet high and no more than one
hundred (100) square feet in area for each sign face, provided such sign is integrated into
the architecture and landscape of the District so as to be consistent with the overall
character of the District.
Wall signs placed against the exterior walls of buildings provided that said signs do not
exceed 10% of the wall area upon which the sign is to be placed. The areas designated
for wall signs must be approved by the Plan Commission as part of the site plan and
architectural review under (l) below. Wall signs may be comprised of internally- and
externally-illuminated channel letter signs, seasonal signs, and shall not block a window
or door opening in the structure. Seasonal sign panels may be changed as needed; such
seasonal changes do not require Plan Commission approval.
Ground-mounted, illuminated signs in interior parking areas advertising products and
services available on the premises of the Destination Retail building only shall be no
more than twelve (12) feet in height. The maximum area of any one sign face is two
hundred (200) square feet. The maximum total area of all ground-mounted, illuminated
sign shall be sixteen hundred (1,600) square feet. Ground-mounted wayfinding signs
may be no more than eight (8) feet in height with the maximum area of any one sign face
to be fifteen (15) square feet. The maximum total area of all ground-mounted wayfinding
sign shall be five hundred (500) square feet.
J
5.
6.
Commercial flags (which may display a company logo or name) on flagpoles no more
than forty (40) feet in height from the ground, with a maximum individual flag face area of
one hundred twenty (120) square feet. No more than twenty-four (24) flags are permitted
on a single lot.
One off-premise sign, benefitting all the premises within the District , but featuring
identification for Destination Retail within this District for a building with a gross floor area
of 250,000 square feet or more, provided that such sign is located within the District,
located within an easement benefitting the Destination Retail lot, such sign is no greater
than fifteen (15) feet in height and such sign is integrated into the landscape of the
District so as to be consistent with the overall character of the District.
The following signs, subject to the following regulations and with Plan Commission approval and
issuance of sign permits, are permitted on retail premises in this District which include a building
with a gross floor area of less than 250,000 square feet. All provisions of Sections 17.0701
through 17.0715 of the Municipal Code (Signs) shall apply unless otherwise modified in this
Section:
1.
2.
3.
4.
k.
One ground-mounted sign for the entire District (excluding Destination Retail for a
building with a gross floor area of 250,000 square feet or more, whích may have its own
ground mounted sign), with one or more sign faces, which may include multiple
businesses within the District, provided such sign is integrated into the landscape and
architecture of the District so as to be consistent with the overall character of the District,
directed to the interstate highway of no more than sixty (60) feet in height with internallyilluminated sign panels. Each sign face shall have a maximum of three hundred (300)
square feet in area.
One ground-mounted illuminated entrance sign at each premises entrance, each of which
may be up to ten (10) feet high and no more than one hundred (100) square feet in area.
Flags (which may not display a company logo or name) on flagpoles no more than forty
(40) feet in height, with a maximum individual flag face area of one hundred twenty (120)
square feet. No more than three (3) flags are permitted on a single lot.
One off-premise sign benefiting all premises within the District, provided that such sign is
located within the District, located within an easement benefiting the lots, such sign is no
greater than fifteen (15) feet in height and such sign is integrated into the landscape and
architecture of the District so as to be consistent with the overall character of the District.
Outdoor Lighting
Notwithstanding any contrary provisions of Section 17.0808 to the contrary:
1.
2.
3.
4.
5.
The maximum allowable light trespass shall be 0.5 horizontal footcandles four feet above
the ground.
The uniformity ratio between the average illumination and minimum illumination shall be
no greater than 4:1.
The lighting system shall be extinguished or reduced to fifty (50) percent no later than
one (1) hour after the close of business for the day.
For outdoor merchandising areas, the maximum level in 75% of the lot shall not exceed
20 foot candles. A contiguous area not to exceed 25% of the lot may be illuminated to a
level which shall not exceed 40 foot candles.
The maximum illumination level under an outdoor canopy shall have a minimum of five
(5) footcandles and not exceed ten (10) footcandles at any point.
4
/.
Slfe plan and architecturalreview:
All provisions of Section 17.1009 of the Municipal Code are applicable to this subsection except
that, the provisions below shall override and supersede, in their entirety, the provisions of Section
17.1009 for any premises containing a Destination Retail building that has a gross floor area of
250,000 square feet or more.
For the purpose of promoting compatible development, stability of property values, and to prevent
impairment or depreciation of property values, no person shall erect or modify any structure
without first obtaining the approval of detailed site and architectural plans, as set forth in this
section, prior to the issuance of a building permit. The Plan Commission shall review architectural
plans and site plans showing existing and proposed structures, neighboring uses, parking areas,
driveway locations, loading and unloading areas, highway access, traffic generation and
circulation, drainage, the utilization of landscaping, existing natural resources and the proposed
operatíon in all districts.
(1) Principles. To implement
and define criteria for the purposes set forth above, the following
principles are established to apply to new structures and uses and to changes or additions to
existing structures and uses except as specifically noted to the contrary.
a.
b.
c.
d.
e.
f.
g.
h.
i.
No building shall be permitted where any exposed façade is not constructed or faced with
high quality and durable materials.
Buildings shall be designed in such a manner that long expanses of blank wall are broken
up by the use of articulation or modulation of the building footprint and/or changes in
building materials and colors on the front elevation. Colors should be visually
coordinated, harmonious, and may include features consistent with corporate or franchise
practices.
Arrangements of uses in a pattern similar to conventional strip malls shall not be allowed.
Each principal building shall have a clearly defined, highly-visible customer entrance with
features such as canopies or porticos, arcades, arches, wing walls, and integral planters.
Sides of a building that are visible from adjoining residential properties and/or public
streets should feature characteristics similar or complementary to the front façade of the
building.
No building or use shall be permitted that would have a significant adverse impact on the
maintenance of safe and healthful conditions of the City.
Buildings and uses shall maintain existing topography, drainage patterns, and vegetative
cover insofar as is practical. The street layout shall be adapted to the topography, unique
natural features, environmental constraints of the site, and peripheral open space areas.
The street layout shall provide for open space views and surrounding vistas.
Buildings and uses shall provide for safe and efficient traffic circulation and driveway
locatíons, and drive{hrough facilities, where permitted (other than customer pick-up
areas), may not be located in the front yard.
Buildings and uses shall be provided with adequate access to the public street and
highway system as set forth in this Section.
i.
ii.
ii¡.
j.
Access onto major streets should be minimized to provide safe and efficient
traffic flow.
Provisions shall be made for cross access between compatible commercial
developments.
Primary commercial access shall not be through residentially-zoned areas.
Buildings and uses shall provide adequate parking and loading areas.
i.
Loading docks or overhead doors may face upon a street right-of-way only in
cases where no practical alternative exists.
5
ii. Parking should be directed to the side or rear of the lot, where it is less visually
intrusive. No more than 50% of the off-street parking for commercial
developments directly abutting a public right-of-way shafl be located between the
front of the building and the primary abutting street unless the overall
development design includes smaller buildings or other amenities closer to the
street. Uninterrupted parking lots along full street frontage will be discouraged,
except where the physical orientation of the lot makes it necessary.
(2)
Exceptions for Large Scale Destination Retail. The following principles are established to
apply only to premises developed with a Destination Retail building of 250,000 square feet or
more of gross floor area and to changes or additions to existing structures of 250,000 square
feet or more of gross floor area:
a. Any exposed building façade shall be constructed
or faced with high quality and durable
precast
panels.
which
may
include
metal
materials,
and
b. Large walls may have less articulation or modulation of the building footprint and/or fewer
changes in building materials and colors.
c. lt is recognized that buildings of 250,000 square feet or more will seem larger than
residential scale and should not be artificially altered.
d. Only the first building of 250,000 square feet or more to be built in any area zoned 8-6
lnterchange Regional Retail District may incorporate primary colors into more than 10%
of its exterior finishes.
(3) Appeals. Any person or persons aggrieved by any decisions of the Plan Commission related
to plan review may appeal the decision to the Zoning Board of Appeals. Such appeal shall be
filed with the City Clerk within thirty (30) days after the decision of the Plan Commission.
(4)
m.
Modification of Standards. The Plan Commission may modify any of the standards in
subsection (l) above (but not (lX2Xd) above) by a 314 majority vote of those Commissioners
present at a meeting, but only if supplemental design elements or improvements are
incorporated into the project which compensate for the modification of the particular standard
Landscaping
All provisions of Sections 1 7.1010 and 17.0205 of the Municipal Code are applicable to this
subsection except that the provisions below shall override and supersede, in their entirety, the
provisions of Sections 171010 and 17.0205 for any premises containing a Destination Retail
building that has a gross floor area of 250,000 square feet or more.
Parkinq Lot Screeninq. Those parking areas for five (5) or more vehicles if adjoining a
residential zoning district line or public right-of-way shall be screened from casual view by an
earth berm, a solid wall, fence, evergreen planting of equivalent visual density or other
effective means. Such fence or berm and landscaping together shall be an average of three
(3) feet ín height between the parking and the street right-of-way and six (6) feet in height
between the parking and any adjacent residential property line. All screening materials shall
be placed and maintained at a minimum height of three (3) feet. Landscaped areas shall
include native plantings. At least 50% of the total green space area shall be landscaped
utilizing plant materials, other than maintained turf, which contribute to ground coverage.
2.
lnterior Landscape Area. All public off-street parking lots which serve five (5) vehicles or more
shall be provided with accessory landscaped areas; which may be landscape islands,
landscape peninsulas or peripheral plantings totaling not less than five (5) percent of the
surfaced area. Landscape islands or peninsulas may be dispersed throughout the off-street
parking area, and shall include native plantings not exceeding five (5) feet in height.
6
Landscape islands shall provide a minimum 3O-inch clear area for vehicle overhang and
snow storage. Within 100 feet of the entrance elevation of a Destination Retail building in
excess of 250,000 square feet, landscape may not exceed three (3) feet in height.
3.
Perimeter Landscaoe Area. ln an effort to prevent adjacent parking lots from becoming one
large expanse of paving, perimeter landscaping shall be required. The perimeter strip shall be
a minimum 5 feet in width. A minimum of five native plantings are required for every 35 linear
feet and one tree for every 80 linear feet of the perimeter of the parking area where it is
adjacent to existing or future parking and located within the perimeter landscape area. This
requirement may be modified by the Plan Commission.
4.
Buffer Yards. A buffer yard shall be created and maintained where the 8-6 lnterchange
Regional Retail District abuts residential or park districts. Buffer yards shall be a minimum of
20 feet in width, shall be in addition to the required street yards, side yards, and rear yards;
and shall screen in such a manner that:
a.
b.
c.
d.
5.
lf the buffer yard is composed entirely of plant materials, it shall be of sufficient initial
depth and height and of such varieties as to provide adequate visual screening within no
more than two years and during all seasons of the year.
Where architectural walls or fences are used, sufficient landscaping shall be used in
conjunction with such wall or fence to create an attractive view, and all walls and fences
shall be maintained in a structurally sound and attractive condition.
Where the land adjacent to the buffer yard is a parking lot, the buffer yard shall be
sufficiently opaque to prevent the penetration of headlight glare unless the parking lot is
more than 40 feet from the residential or park district. Overhead lighting installed in or
adjacent to a buffer yard shall not trespass onto adjacent residential properties. The light
source, whether bulb or tube, shall not be visible from adjacent residential properties.
No signs shall be permitted on or in any part of the buffer yard.
Submittal requirements set forth in Sections 17.1010(k) and (l) shall apply to the District.
SECTION 2: All ordinances
hereby repealed.
SECTION
3:
or parts of ordinances contravening the provisions of this ordinance
are
This ordinance shall take effect and be in force from and after its passage and
publication.
lntroduced this 7th day of June, 2016.
Passed and adopted this
_
2016
day of
President, Common Council
Approved this
_
day of
2016.
Mayor
ATTEST:
VOTE:
City Clerk
7
Ayes_
Noes
SEC. 17.0316: 8.6INTERGHANGE REGIONAL RETAIL DISTRICT
The 8-6 lnterchange Regional Retail District is intended to provide for the orderly and attractive grouping
of high-intensity retail, commercial and mixed uses along the federal interstate highway system. Areas
that may be designated as part of the 8-6 district shall be limited to contiguous premises that abut the
federal interstate highway system, and at least one (1) premises shall include a Destination Retail
building with a gross floor area of 250,000 square feet or more. The zoning regulations applicable to the
8-6 District set forth in this Section 17.0316 override and supersede any and all contrary provisions in
Chapter 17 of the Municipal Code. ln the event that any other provisions of Chapter 17 are contrary to
any provisions in this Section 17,0316, the provisions of this Section 17.0316 shall control.
a.
Definitions:
(1)
Destination Retail. A type of store that attracts regional customers as their ultimate
destination.
(2)
(3)
b.
Hiqh-intensitv uses, Uses which (a) are logically dependent upon, and can offer regional
access within, one-half mile of freeway interchange entrances and exits, (b) draw customers
from a trade area that extends beyond the Seven-County Southeastern Wisconsin Region,
and (c) incorporate Destination Retail.
Seven-County Southeastern Wisconsin Reoion. The region of Wisconsin comprised of
Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, and Waukesha counties.
Permitted uses: Ihe tollowing are permitted uses, provided that there is no outdoor storage of
merchandise'.
(1) Appliance stores.
(2) Banks, savings and loan associations, and other financial institutions.
(3) Confectioneries and ice cream stores.
(4) Delicatessens.
(5) Department stores,
(6) Electronicsstores.
(7) Furniture stores.
(8) Hardware stores.
(9) lnterior decorators and home interiors.
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
c.
Private lndoor physicalfitness centers and health clubs.
Offices including medical office buildings.
Restaurants, without drive-in or drive-through facilities.
Specialty food stores.
Theaters
Shoe stores.
Clothing stores.
Jewelry stores.
Hospitals and day surgery clinics.
Permitted accessory uses.'
(1)
Cafeterias, delicatessens, bistros, and restaurants accessory to and located within
the same building as a permitted use.
(2)
(3)
Cart storage areas and enclosures.
Customer pickup areas used in conjunction with the operation of the business.
Garages used for storage of vehicles used in conjunction with the operation of the
business.
(4)
339941 16
(5)
(6)
(7)
(8)
(9)
(10)
d.
Conditionaluses:
(1)
(2)
(3)
(4)
(5)
e.
Garden centers attached to and primarily accessed from the principal structure.
Grocery stores within and accessory to a Destination Retail building.
Off-street parking and loading areas used in conjunction with the operation of the
business.
Solar collectors attached to and serving only the principal structure.
Supervised and unsupervised children's play areas located within the same
building as a permitted Destination Retail use.
Warehouse and office uses accessory to and located within the same building as a
permitted Destination Retail use, provided that such uses may occupy greater floor
area than the permitted use so long as the building has a gross floor area of
250,000 square feet or more.
Hotels
Restaurants with drive-in or drive-through facilities. No drive-in or drive through
restaurant shall sell or dispense alcoholic beverages. All drive-in/drÍve-through
restaurants must also have indoor dining areas.
Solar energy collectors erected as accessory structures and serving only the
principal structure.
Multi-family dwellings meeting the provisions of Section 17.0311(a) or (c) of the
Municipal Code and further provided that they are part of a mixed use
development.
Outdoor storage, sales and/or display of retail merchandise.
Lot area and width.
Lots shall have a minimum area of 40,000 square feet and shall be not less than 150 feet in
width. Lots shall provide sufficient area and width for the principal structure(s) and its accessory
structures, off-street parking and loading areas, and required setbacks.
f.
Building height and area:
(1) No principal building or parts of a principal building shall exceed eighty
(80) feet or six
(6) stories in height, whichever is higher. No accessory building shall exceed thirtyfive (35) feet in height, subject to regulations and permitting requirements under the
jurisdiction of the Federal Aviation Administration and Milwaukee County.
(2) The sum total of building footprints shall not exceed forty (a0) percent
g.
of the lot area.
Building sefbacks and yards:
(1) There shall be a minimum front setback of twenty-five (25) feet from the right-of-way
of all public streets excluding interstate highways. Setbacks from interstate highways
shall be governed by federal requirements.
(2) There shall be a side setback on each side of not less than ten (10) feet.
(3) There shall be a rear setback of not less than fifteen (15) feet.
2
339941 16
h.
Loading:
Notwithstanding any contrary provision of Section 17.0402, the minimum number of loading and
unloading spaces required for Destination Retail premises containing a building with a gross floor
area of 250,000 square feet or more shall be five (5) spaces.
i.
Parking:
Notwithstanding any contrary provision of Sections 17.0403 and 17.0404:
(1) Buffers, landscape areas and screening for parking lots on Destination Retail premises
containing a building with a gross floor area of 250,000 square feet shall be consistent with
and requirements set forth in subsection (m) below and plans approved by Plan Commission.
(2) The minimum number of parking spaces required for Destination Retail premises containing a
building with a gross floor area of 250,000 square feet or more shall be (3) spaces per 1,000
square feet of gross floor area.
1,
Srþns;
The following signs, subject to the following regulations and with Plan Commission approval and
issuance of sign permits, are permitted on a Destination Retail premises which includes a building
with a gross floor area of 250,000 square feet or more. All provisions of Sections 17.0701through
17.0715 of the Municipal Code (Signs) shall apply unless otherwise modified in this Section:
L
2.
3.
4.
One ground-mounted sign, with one or more sign faces, directed to the interstate
highway of no more than one hundred ten (110) feet in height with internally-illuminated
sign panels. Each sign face shall have a maximum of six hundred (600) square feet in
area. The structural design of signs in excess of 100 feet in height shall be certified by a
licensed professional engineer.
One ground-mounted illuminated entrance sign at the main premises entrance of the
Destination Retail, which may be up to fifteen (15) feet high and no more than one
hundred (100) square feet in area for each sign face, provided such sign is integrated into
the architecture and landscape of the District so as to be consistent with the overall
character of the District.
Wall signs placed against the exterior walls of buildings provided that said signs do not
exceed 10% ol the wall area upon which the sign is to be placed. The areas designated
for wall signs must be approved by the Plan Commission as part of the site plan and
architectural review under (l) below Wall signs may be comprised of internally- and
externally-illuminated channel letter signs, seasonal signs, and shall not block a window
or dooropening in the structure. Seasonal sign panels may be changed as needed; such
seasonal changes do not require Plan Commission approval.
Ground-mounted, illuminated signs in interior parking areas advertising products and
services available on the premises of the Destination Retail building only shall be no
more than twelve (12) feet in height, The maximum area of any one sign face is two
hundred (200) square feet. The maximum total area of all ground-mounted, illuminated
sign shall be sixteen hundred (1,600) square feet. Ground-mounted wayfinding signs
may be no more than eight (8) feet in height with the maximum area of any one sign face
3
339941 16
5.
6.
to be fifteen (15) square feet. The maximum total area of all ground-mounted wayfinding
sign shall be five hundred (500) square feet.
Commercial flags (which may display a company logo or name) on flagpoles no more
than forty (40) feet in height from the ground, with a maximum individual flag face area of
one hundred twenty (120) square feet. No more than twenty-four (24) flags are permitted
on a single lot.
One off-premise sign, benefitting all the premises within the District , but featuring
identification for Destination Retail within this District for a building with a gross floor area
of 250,000 square feet or more, provided that such sign is located within the District,
located within an easement benefitting the Destination Retaillot, such sign is no greater
than fifteen (15) feet in height and such sign is integrated into the landscape of the
District so as to be consistent with the overall character of the Dishict.
The following signs, subject to the following regulations and with Plan Commission approval and
issuance of sign permits, are permitted on retail premises in this District which include a building
with a gross floor area of less than 250,000 square feet. All provisions of Sections 17.0701
through 17.0715 of the MunicipalCode (Signs) shall apply unless otherwise modified in this
Section:
1.
2.
3.
4.
k.
One ground-mounted sign for the entire District (excluding Destination Retail for a
building with a gross floor area of 250,000 square feet or more, which may have its own
ground mounted sign), with one or more sign faces, which may include multiple
businesses within the District, provided such sign is integrated into the landscape and
architecture of the District so as to be consistent with the overall character of the District,
directed to the interstate highway of no more than sixty (60) feet in height with internallyilluminated sign panels. Each sign face shall have a maximum of three hundred (300)
square feet in area.
One ground-mounted illuminated entrance sign at each premises entrance, each of which
may be up to ten (10) feet high and no more than one hundred (100) square feet in area.
Flags (which may not display a company logo or name) on flagpoles no more than forty
(40) feet in height, with a maximum individualflag face area of one hundred twenty (120)
square feet. No more than three (3) flags are permitted on a single lot.
One off-premise sign benefiting all premises within the District, provided that such sign is
located within the District, located within an easement benefiting the lots, such sign is no
greater than fifteen (15) feet in height and such sign is integrated into the landscape and
architecture of the District so as to be consistent with the overall character of the District.
Outdoor Lighting
Notwithstanding any contrary provisions of Section 17.0808 to the contrary:
1. The maximum allowable light trespass shall be 0.5 horizontal footcandles four feet above
the ground.
The uniformity ratio between the average illumination and minimum illumination shall be
no greater than 4:1.
The lighting system shall be extinguished or reduced to fifty (50) percent no later than
one (1) hour afterthe close of business forthe day.
2.
3.
4
339941 16
4.
5.
/.
SrTe
For outdoor merchandising areas, the maximum level in 75% of the lot shall not exceed
20 foot candles. A contiguous area not to exceed 25o/o of the lot may be illuminated to a
level which shall not exceed 40 foot candles.
The maximum illumination level under an outdoor canopy shall have a minimum of five
(5) footcandles and not exceed ten (10) footcandles at any point.
plan and architecturalreview:
All provisions of Section 17.1009 of the Municipal Code are applicable to this subsection except
that, the provisions below shall override and supersede, in their entirety, the provisions of Section
17.1009 for any premises containing a Destination Retail building that has a gross floor area of
250,000 square feet or more.
For the purpose of promoting compatible development, stability of property values, and to prevent
impairment or depreciation of property values, no person shall erect or modify any structure
without first obtaining the approval of detailed site and architectural plans, as set forth in this
section, prior to the issuance of a building permit. The Plan Commission shall review architectural
plans and site plans showing existing and proposed structures, neighboring uses, parking areas,
driveway locations, loading and unloading areas, highway access, traffic generation and
circulation, drainage, the utilization of landscaping, existing natural resources and the proposed
operation in all districts.
(1) Principles. To implement and define criteria for the purposes set forth above, the following
principles are established to apply to new structures and uses and to changes or additions to
existing structures and uses except as specifically noted to the contrary.
No building shall be permitted where any exposed façade is not constructed or faced with
high quality and durable materials.
Buildings shall be designed in such a manner that long expanses of blank wall are broken
up by the use of articulation or modulation of the building footprint and/or changes in
building materials and colors on the front elevation. Colors should be visually
coordinated, harmonious, and may include features consistent with corporate or franchise
practices,
Arrangements of uses in a pattern similar to conventional strip malls shall not be allowed.
Each principal building shall have a clearly defined, highly-visible customer entrance with
features such as canopies or porticos, arcades, arches, wing walls, and integral planters.
Sides of a building that are visible from adjoining residential properties and/or public
streets should feature characteristics similar or complementary to the front façade of the
building.
No building or use shall be permitted that would have a significant adverse impact on the
maintenance of safe and healthful conditions of the City.
Buildings and uses shall maintain existing topography, drainage patterns, and vegetative
cover insofar as is practical. The street layout shall be adapted to the topography, unique
natural features, environmental constraints of the site, and peripheral open space areas.
The street layout shall provide for open space views and surrounding vistas.
Buildings and uses shall provide for safe and efficient traffic circulation and driveway
locations, and drive-through facilities, where permitted (other than customer pick-up
areas), may not be located in the front yard.
Buildings and uses shall be provided with adequate access to the public street and
highway system as set forth in this Section.
Access onto major streets should be minimized to provide safe and efficient
a.
b.
c,
d.
e.
f.
g.
h,
i.
i.
i¡.
traffic flow.
Provisions shall be made for cross access between compatible commercial
developments.
5
339941 16
iii. Primary commercial access shall not be through residentially-zoned areas.
Buildings and uses shall provide adequate parking and loading areas.
Loading docks or overhead doors may face upon a street right-of-way only in
cases where no practical alternative exists.
i¡. Parking should be directed to the side or rear of the lot, where it is less visually
intrusive. No more than 50% of the off-street parking for commercial
developments directly abutting a public right-of-way shall be located between the
front of the building and the primary abutting street unless the overall
development design includes smaller buildings or other amenities closer to the
street. Uninterrupted parking lots along full street frontage will be discouraged,
except where the physical orientation of the lot makes it necessary.
(2) Exceptions for Large Scale Destination Retail. The following principles are established to
apply only to premises developed with a Destination Retail building of 250,000 square feet or
more of gross floor area and to changes or additions to existing structures of 250,000 square
feet or more of gross floor area:
a. Any exposed building façade shall be constructed or faced with high quality and durable
materials, wtrich may include precast and metal panels.
b. Large walls may have less articulation or modulation of the building footprint and/or fewer
changes in building materials and colors.
c. lt is recognized that buildings of 250,000 square feet or more will seem larger than
residential scale and should not be artificially altered.
d. Only the first building of 250,000 square feet or more to be built in any area zoned 8-6
lnterchange Regional Retail District may incorporate primary colors into more than 10%
of its exterior finishes.
(3) Appeals. Any person or persons aggrieved by any decisions of the Plan Commission related
to plan review may appeal the decision to the Zoning Board of Appeals. Such appeal shall be
filed with the City Clerk within thirty (30) days after the decision of the Plan Commission.
(4) Modification of Standards. The Plan Commission may modify any of the standards in
subsection (l) above (but not (lX2Xd) above) by a3l4 majority vote of those Commissioners
present at a meeting, but only if supplemental design elements or improvements are
incorporated into the project which compensate for the modification of the particular standard.
j.
m.
i.
Landscaping:
All provisions of Sections 17 .1010 and 17.0205 of the Municipal Code are applicable to this
subsection except that the provisions below shall override and supersede, in their entirety, the
provisions of Sections 17.1010 and 17.0205 for any premises containing a Destination Retail
building that has a gross floor area of 250,000 square feet or more.
1.
2.
Parking Lot Screening, Those parking areas for five (5) or more vehicles if adjoining a
residential zoning district line or public right-of-way shall be screened from casual view by an
earth berm, a solid wall, fence, evergreen planting of equivalent visual density or other
effective means. Such fence or berm and landscaping together shall be an average of three
(3) feet in height between the parking and the street right-of-way and six (6) feet in height
between the parking and any adjacent residential property line. All screening materials shall
be placed and maintained at a minimum height of three (3) feet. Landscaped areas shall
include native plantings. At least 50% of the total green space area shall be landscaped
utilizing plant materials, other than maintained turf, which contribute to ground coverage.
lnterior Landscape Area. All public off-street parking lots which serve five (5) vehicles or more
shall be provided with accessory landscaped areas; which may be landscape islands,
6
339941
r6
3.
4.
landscape peninsulas or peripheral plantings totaling not less than five (5) percent of the
surfaced area. Landscape islands or peninsulas may be dispersed throughout the off-street
parking area, and shall include native plantings not exceeding five (5) feet in height.
Landscape islands shall provide a minimum 30-inch clear area for vehicle overhang and
snow storage. Within 100 feet of the entrance elevation of a Destination Retail building in
excess of 250,000 square feet, landscape may not exceed three (3) feet in height.
Perimeter Landscape Area. ln an effort to prevent adjacent parking lots from becoming one
large expanse of paving, perimeter landscaping shall be required. The perimeter strip shall be
a minimum 5 feet in width. A minimum of five native plantings are required for every 35 linear
feet and one tree for every 80 linear feet of the perimeter of the parking area where it is
adjacent to existing or future parking and located within the perimeter landscape area. This
requirement may be modified by the Plan Commission.
Buffer Yards. A buffer yard shall be created and maintained where the 8-6 lnterchange
Regional Retail District abuts residential or park districts. Buffer yards shall be a minimum of
20 feet in width, shall be in addition to the required street yards, side yards, and rear yards;
and shall screen in such a manner that:
lf the buffer yard is composed entirely of plant materials, it shall be of sufficient initial
depth and height and of such varieties as to provide adequate visual screening within no
more than two years and during all seasons of the year.
Where architectural walls or fences are used, sufficient landscaping shall be used in
conjunction with such wall or fence to create an attractive view, and all walls and fences
shall be maintained in a structurally sound and attractive condition.
Where the land adjacent to the buffer yard is a parking lot, the buffer yard shall be
sufficiently opaque to prevent the penetration of headlight glare unless the parking lot is
more than 40 feet from the residential or park district. Overhead lighting installed in or
adjacent to a buffer yard shall not trespass onto adjacent residential properties. The light
soL¡rce, wfrether bulb or tube, shall not be visible from adjacent residential properties.
No signs shall be permitted on or in any part of the buffer yard.
Submittal requirements set forth in Sections 17.1010(k) and (l) shall apply to the District.
a.
b.
c.
5.
d.
7
339941 16
I3
TO BE PUBLISHED MAY 12 & MAY 19, 2016
OFFICIAL NOTICE
NOTICE OF PUBLIC HEARING
BEFORE THE OAK CREEK COMMON COUNCIL
PURPOSE: The purpose of this public hearing is to consider a request by Walden OC, LLC, A
Delaware LLC, to rezone the property located at 1830R W. Drexel Ave. from P-1, Park to 8-6,
lnterchange Regional Retail.
Hearing Date:
Time:
PIace:
Tuesday, June 7, 2016
7:00 p.m,
Oak Creek Citv Hall
8o4o South 6tñ St.
Oak Creek, Wl 53154
Common Council Chambers
Applicant:
Property Owner:
Property Location:
Tax Key(s):
Walden OC, LLC, A Delaware LLC
Walden OC, LLC, A Delaware LLC
1830R W. DrexelAvenue
784-9021-000
Legal Description:
Lot 1 of Certified Survey Map 8472, a division of lands being a part of the Northeast% and Southeast %
of Section 7, Township 5 North, Range 22 Ê.ast, in the City of Oak Creek, Milwaukee County, Wisconsin
further described as follows:
Commencing at the Northwest corner of the Southeast % of Section 7-5-22; thence N89'08'55"E,
1186.30 feet; thence SOO"O3'48'W,125.02 feet to the point of beginning of the lands to be described;
thence continuing SOO"O3'48'W,979.96 feet; thence S07'41'37'W, 1148.89 feet; thence S89o18'02'W,
1038.21feet; thence N00"10'44:E,711.78 feet; thence northeasterly 237.66 feet along the arc of a curve
whose chord bears, N46o23'01"8,216.27 feet; thence N03'41'29'E, 48.63 feet; thence N06"32'23'E,
188.74 feet; thence N00"10'44'E, 1019.24 feet; thence N89"08'55'E, 1006.52 feet to the point of
beginning. (contains 50.1964 acres)
The Common Council has scheduled other public hearings June 7, 2016 at 7:00 PM. This hearing may
begin at 7:00 PM or as soon as possible following the conclusion of other public hearings.
Any person(s) with questions regarding the proposed change may call the Department of Community
Development at (414) 766-7000 during regular business hours.
Date of Notice: May 5, 2016
CITY OF OAK CREEK COMMON COUNCIL
Steve Scaffidi, Mayor
By:
PUBLIC NOTICE
PLEASE NOTE: Upon reasonable notice, a good faith effort will be made to accommodate the needs of disabled individuals through
sign language interpreters or other auxiliary aid at no cost to the individual to participate in public meetings. Due to the difficulty in
finting interpreters, requests should be made as far in advance as possible, preferable a minimum of 48 hours. For additional
information or to request this service, contact the Oak Creek City Clerk at 414-766-7000, or by writing to the ADA Coordinator at the
Health Department, City Hall, 8040 South 6'n Street, Oak Creek, Wisconsin 53154.
City of Oak Creek
Common Council Report
Meeting Date: June 7,2016
Item No.:
1+
Recommendation: That the Common Council adopts Ordinance No. 2808 approving the
at 1830R W. Drexel Ave. from P-1, Park District, to 8-6, lnterchange
rezoning of the property
Regional Retail District.
Background: At the November 24,2015 meeting, the Plan Commission adopted Resolution No.
2015-4, and recommended Common Council adoption of several amendments to the Planned
Land Use categories and map in the Comprehensive Plan for properties in the vicinity of Falk Park.
lncluded in that amendment was a change to "Planned Mixed Use" for the property at 1830R W.
Drexel Ave., anticipating a future mixed-use development on land owned by Walden OC
(Northwestern Mutual). As mentioned in the staff report for the proposed amendments, the lands
were part of the 2013 Tri-Party Exchange Agreement that transferred privately-owned high-value
wetlands and woodlands to the County to be added to Falk Park. lt also transferred 60 acres of
farmland to Northwestern Mutual (part of 1830R W. Drexel Ave.) for future development. On
December 15,2015, the Council approved the amendments.
The Applicant is now requesting a change in the current zoning district to the new 8-6, lnterchange
Regional Retail District to accommodate the development that was anticipated during the land
exchange and Comprehensive Plan Amendment processes. Existing zoning in the area is diverse
and includes P-1, Park District (Falk Park); l-1, lnstitutional (the new Forest Ridge Elementary
School); and residential districts (Rs-1, Rs-3, Rs-2). lnterstate 94 creates the east property line,
across which lies additional business, residential, institutional, and manufacturing zoning districts.
Staff feels that this unique blend of districts and future mixed uses allowed under the proposed
zoning are appropriate for the area. Staff supports the requested zoning district change. The Plan
Commission recommended the rezoning of this property at their May 10 meeting.
Fiscal lmpact: Approval of this zoning change will allow the construction of a new destination
retail facility (IKEA) on the property. lmpact fees are based on square footage, currently estimated
at $185,850 for a 295,000 square-foot building in the conceptual plan.
Prepared by
Respectfully Submitted,
d
Seymour, AICP
Director of Community Development
Fi
Review by:
Bridget
Finance Director/Co
r
Gerald Peterson, ICMA-CM
City Administrator
TO BE PUBLISHED AIAY 12 & fu|AY 19, 2016
OFFICIAL NOTICE
NOTICE OF PUBLIC HEARING
BEFORE THE OAK CREEK COMMON COUNCIL
The purpose of this public hearing is to consider a request by Wafden OC, LLC, A
Delaware LLC, to rezone the property located at 1830R W. Drexel Ave. from P-1, Park to 8-6,
PURPOSE:
lnterchange Regional Retail.
Hearing Date:
Tuesday, June 7, 2016
Time:
Place:
Oak Creek City Hatl
7:00 p.m.
8040 South 6th St.
Oak Creek, Wl 53154
Common Council Chambers
Applicant:
Property Owner:
Property Locatlon:
Tax Key(s):
Walden OC, LLC, A Delaware LLC
Walden OC, LLC, A Delaware LLC
1830R W. Drexel Avenue
784-9021-040
Legal Description:
Lot 1 of Certified Survey Map 8472, a division of lands being a part of the Northeasl% and Southeast %
of Section 7, Township 5 North, Range 22 East, in the City of Oak Creek, Milwaukee County, Wisconsin
further described as follows:
Commencing at the Northwest corner of the Southeast % of Section 7-5-22; thence N89o08'55"8,
1186.30 feet; thence S00'03'48'W,125.A2 feet to the po¡nt of beginning of the lands to be described;
thence continuing S00'03'48'W,979.96 feet; thence 507'41'37"W,1148.89 feet; thence S89"18'02'W,
1038.21 feet; thence N00"'10'44:E,711,78 feeq thence northeasterly 237. 66 feet along the arc of a curve
whose chord bears, N46'23'01"Ê,216.27 feet; thence N03'41'29"E, 48.63 feet; thence N06"32'23'E,
188.74 feet; thence N00'10'44"E, 1019.24 feet; thence N89"08'55'E, 1006.52 feet to the point of
beginning. (contains 50.1964 acres)
The Common Council has scheduled other public hearings June 7, 2016 at 7:00 PM. This hearing may
begin at 7:00 PM or as soon as possible following the conclusion of other public hearings.
Any person(s) with questions regarding the proposed change may call the Department of Community
Development at (414) 766-7000 during regular business hours.
Date of Notice: May 5, 2016
CITY OF OAK CREEK COMMON COUNCIL
Steve Scaffidi, Mayor
By:
PUBLIC NOTIGE
PLEASÊ NOTE; Upon reasonable notice, a good faith effo.t will be made to accommodate the needs of disabled individuals through
slgn lânguage intorpreters or other auxillary aid at no cost to the individual to partlcipat€ ln public meetings. Due to the difficully in
finding interpreters, requ€sts should be made as far in advance as possible, preferable a minimum of 4€] hours. For additional
informaüon or to request this servfce, contact the Oak Creek City Clerk at 414-768-7000, or by writing to the ADA Coordinator at he
Health Department, City Hall,8040 South 6rh Streêt, Oek Creek, Wisconsin 53154.
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MINUTES OF THE
OAK CREEK PLAN COMMISSION MEETING
TUESDAY, MAY 10,2016
Mayor Scaffidi called the meeting to order at 6:00 p.m. The following Commissioners were
present at roll call: Commissioner Dickmann, Commissioner Johnston, Commissioner Carrillo,
Alderman Bukiewicz, Mayor Scaffidi, Alderman Guzikowski, Commissioner Correll,
Commissioner Siepert, and Commissioner Chandler. Also present: Kari Papelbon, Planner;
Pete Wagner, Zoning Administrator; Doug Seymour, Director of Community Development; and
Mike Kressuk, Assistant Fire Chief.
Commissioner Dickmann moved to approve the April 26,2016 meeting minutes. Commissioner
Siepert seconded. On roll call: Mayor Scaffidi and Commissioner Correll abstained. All others
voted aye. Motion carried.
ditions and Restrictions
Creek Partners, LLC
772
Pennsyfvania Ave.; and 2100, 2200, and 2280 E. Drexel Ave
Tax
. 779-9991 -001, 779-9006, 779-9007, and 779-9008
nted that the Plan Commission recommended the rezone and Planned Unit
Kari Pape
roval at the last meeting. Plan Commission is now reviewing the
Development
proposed by Staff. Ms. Papelbon called attention to several
Conditions and
s and Restrictions where she requested input from the Commission.
sections of the Con
compliance. Code requires that a building permit be issued within
First was the issue of ti
l. Due to the multi-phase nature of this project, the applicants
twelve (12) months of
eighteen (18) months from the time of Council approval to
have requested an exten
ln addition, the applicant is requesting 48 months from the
obtain a building permit for
ilding permit for Phase ll. Ms. Papelbon requested the
time of Council approval to obtain
on the time of compliance.
Commission's input on the requests
an issue with extending the time of compliance
Alderman Bukiewicz noted that he did not
that can affect whether or not a building
for either phase, adding that there are many
project stays on schedule. Commissioner D
n likewise did not have an issue with the
the applicant might build Phase I and
request for extension, however he expressed
that this could be the case
not follow through with Phase ll. Ms. Papelbon
included to prevent building
Commissioner Dickmann inquired whether there could
obtain a building permit within
Phase I only. Ms. Papelbon clarified that if the applicant
ion for approvals before
48 months for Phase ll, they would need to return to the Plan
public amenities such as
moving forward. The majority of the project is in Phase l, includ
most of the apartment
the pool, clubhouse, proposed gazebo, and walking paths, as
interests to complete
buildings. Alderman Bukiewicz pointed out that it is in the develope/s
objectives of the
both phases because it provides a greater capacity to meet the fina
the extension
development. Commissioner Correll commented that he did not see an
compliance
for either phase. Commissioner Chandler inquired of the applicant why the ti
would not be set for twelve months, and extended if necessary.
Tony DeRosa, HSI Oak Creek Partners, LLC, 18500 W. Corporate Drive, Brookfield:
Mr. DeRosa noted that the reason they are requesting the Phase I extension to
Page 1 of 10
planned uses. Mr. Seymour displayed an aerial rendering showing the location of the IKEA
relative to the school, noting that the IKEA site is approximately 1,000 feet north of the
riveway. The peak times of business will not coincide with peak times for school traffic,
sch
with
traffic for the IKEA store occurring during the weekends.
Dan Bu
protect the
school parking
I
commented that the school district is working with the City to install a fence to
areas from traffic. He added that pickup, whether by bus or car, will be in the
There will not be street pickup as seen at other elementary school locations.
Mayor Scaffidi also
that as a measure to keep students safe, the City is absorbing the
a fence around the school property. He added that the school
$20,000 expense to
in discussions about the IKEA from the very beginning, and
Superintendent has been
was comfortable with the
of the store relative to the school
Ryan Maughan, 1830W. Drexel
, Oak Creek:
Mr. Maughan feels that putting an
at this site is in conflict with the Mixed Use designation
commented that the maps released to the public (on
in the 2020 Comprehensive Plan. He a
houses along Drexel Ave. He felt that this is a
display during the meeting) do not show
that space, and gives the impression that this
misrepresentation of what is actually
r Scaffidi responded that the City did not
development will not impact a residential
re well aware of the seven houses located
release those maps, but that the Commissione
concern that all traffic has to travel past
south of the store site. Mr. Maughan also
peak times for each building do not
the school to get to the IKEA site, and even thoug
felt would be impacted by traffic to
overlap, there are after-school activities at the school th
the store site.
I
Nick Schmidt,7842 S. 13th St., Oak Creek:
Mr. Schmidt expressed his opinion that Oak Creek is growing too
the Commission to do their due diligence in making major deci
Mayor Scaffidi responded that the Commissioners spend a great
Commission materials prior to meetings.
and urged members of
will benefit the City.
time reviewing Plan
Mayor Scaffidi called for a motion. Commissíoner Dickmann moved that the
recommends to the Common Council that Section 17.0316 of the Municipal
to create a new lnterchange
Regional Retail Zoning District, after
Commissioner Siepert seconded. On roll call: allvoted aye. Motion carried.
a
Commission
amended
pub
hearing
Mayor Scaffidi turned the meeting over to Alderman Bukiewicz.
Rezone
Walden OG (Northwestern Mutual)
1830R W. DrexelAve.
Tax Key No.784-9021400
Kari Papelbon displayed a rendering of the area proposed to be rezoned to the new 8-6,
lnterchange Regional Retail District.
Commissioner Correll inquired if the zoning for this property were to stay at its present
classification, what type of development would be excluded by the zoning change. Ms.
Page8ofl0
Papelbon responded that the zoning district specifically outlines what will and will not be allowed
in the proposed zoning district. This takes into account large destination retailers such as IKEA
that are in excess of 250,000 square feet, as well as other uses below that threshold.
Nick Schmidt,7842 S. 13th St., Oak Creek, commented that the area in question, as well as
most of the surrounding property, is owned by Northwestern Mutual, and again urged the
Commissioners to uphold the best interests of the City, rather than Northwestern Mutual.
Alderman Bukiewicz responded that he feels this development, as well as many of the land
deals done in the past, will greatly benefit the residents of Oak Creek.
Alderman Bukiewicz called for a motion. Commissioner Correll moved that the Plan
Commission recommends to the Common Council that the property at 1830 R W. Drexel Ave.
be rezoned from P-1, Park District, to 8-6, lnterchange Regional Retail District, after a public
hearing. Commissioner Siepert seconded. On roll call: all voted aye, with the exception of
Mayor Scaffidi (who was not present for the vote).
n Commission Gonsultation
of Gode Requirements and Applicable Zoning Districts
Wineries, and Breweries
discussion, noting that with the growth of the City, one thing that has not
Pete Wag
is microbreweries and distilleries. Currently, our Code allows for brew pubs,
been add
Brewery, which allow patrons to purchase and consume the manufactured
such as Water
product on-site.
Code, however, does not allow for a distillery or brewery that
the products elsewhere. Mr. Wagner is looking for the Plan
manufactures and
r the Gity should pursue making additions to the Code to allow for
Commission's view on
commented that the Planning Department currently has an
this type of operation. Mr.
rch on how business around the state and other parts of the
intern who did a great deal
of establishments. Her findings were that there are no
country regulate and define
and "artisan" are discretionary terms that are not wellconsistent regulations. The terms
defined from one communiÇ to the
in bringing a microdistillery to the City. Mr
Mr. Wagner pointed out that there is some
ng microbreweries and microdistilleries
Wagner noted that staff is comfortable
is would deter larger manufacturers from
based on the facility size and production
maller manufacturers, however, have a
wanting to settle on small sites in Oak Creek.
purpose in our commercial districts as destination
blishments that gather a favorable
patronize
manufacturers. Mr. Wagner noted
their
response from a community wanting to
product
quantity
red, facilities would be limited
being
of
that in an effort to control the
production
percent
remaining portion would be
of the site for
to using no more than fifty
used for retail operations or tasting rooms.
Commissioner Correllfelt that limiting the size of the overall operation
e easiest way to keep
Mr. Wagner
production levels in check, rather than by number of barrels p
"microbrewery"
allowed
number
and
the
term
commented that there is no continuity between
it
level of
produced.
way
the
the
best
with
Correll
that
He
agreed
Commissioner
of barrels
red as a
production at a local distillery is by controlling square footage. lf a larger facility i s
district.
company grows, they might be forced to move their operations to a man
are
around
the
local
microdistilleries
many
of
the
commented
that
Carrillo
Commissioner
limited by the amount of production as opposed to square footage. lf a facility is ma
their product around the clock, there could be other, larger impacts to the surrounding
Page 9 of 10
as unpleasant smells, or a high volume of truck traffic. Limiting their production is going to
on those types of nuisances. Mr. Wagner responded that limiting by production
qua
would be difficult to enforce. Us ing square footage parameters in tandem with quantity
will go a long way to ensuring that these types of businesses do not get too large
that they
other logistical issues in our commercial districts. Kari Papelbon added that
ries/distilleries limited by quantity have the capacity to manufacture their
existing
product up to a
n amount, but that does not necessarily mean that they will reach that limit
lmposing that
would allow a business room for expansion before they would need to
move from a
to a manufacturi ng district. Alderman Guzikowski and Commissioner
Siepert voiced their
using both square footage and production limitations in the Code
requirements. Pete Wagn
that other communities limit the square footage based on a
percentage of the overall size
the facility. For instance, production might be limited to no
more than fifty percent of the bu
with the remaining portion used for retail operations or a
tasting room.
Adam Murphy, 9843 S. 27th St., Franklin
Mr. Murphy is interested in opening a distill
Oak Creek. He explained that one of the
m state to state is that distilleries are
reasons why there are differences in reg
controlled at the federal level, while tasting rooms are
led at the state level. The State of
Wisconsin requires that a tasting room for a distillery be
, while other states allow tasting
- sales outside of the tasting
rooms off-site. Wisconsin uses a three-tier distribution
rooms need to go through distributors, then retailers. He
a tasting room is critical to
generated through the
the success of a microdistillery - approximately 10-32% of
product
is no distributor or
tasting rooms. ln this case, there is a 100% return on the
lery to Oak Creek is
retailer taking a portion of the profits. His concem in bringing a
where the City would allow it to be located. He mentioned several
s possibilities, but
particularly
in an
afea
those locations would not necessarily draw customers in,
Alderman Bukiewicz added that discussion on this topic is timely as there is g
bringing these types of businesses to the area. His opinion is to limit by square
it is important to allow for expansion. Pete Wagner noted that at this point, the Staff's
is to provide information to the Commission for consideration prior to any req
Conditional Use.
Commissioner Carrillo moved to adjourn. Commissioner Correll seconded. On roll
aye. Motion carried. The meeting was adjourned at 8:11 p.m.
voted
ATTEST:
5t24t16
las
Plan Commission Secretary
Page 10 of 10
rest in
that
call:
all
ORDINANCE NO.2808
By:
AN ORDINANCE TO REZONE THE PROPERTY AT 1830R W. DREXEL AVE. FROM
P-1, PARK DISTRICT, TO 8-6, INTERCHANGE REGIONAL RETAIL DISTRICT
(2nd
Aldermanic District)
WHEREAS, Walden OC, LLC, A Delaware LLC, has applied for a rezoning of
the property located at 1830R W. Drexel Ave. (Tax Key No. 784-9021-000) from P-1,
Park District, to 8-6, lnterchange Regional Retail District.
WHEREAS, the property is more precisely described as follows:
Lot 1 of Certified Survey Map 8472, a division of lands being a part of the Northeast %
and SoutheastY+ of Section 7, Township 5 North, Range 22East, in the City of Oak
Creek, Milwaukee County, Wisconsin further described as follows:
Commencing at the Northwest corner of the Southeast % of Section 7-5-22; thence
N89"08'55'8,1186.30 feet; thence S00"03'48'W, 125.02feet to the point of beginning
of the lands to be described; thence continuing S00"03'48'W, 979.96 feet; thence
S07"41'37"W, 1148.89 feet; thence S89"18'02'W, 1038.21 feet; thence N00"1 Q'44:8,
711.78 feet; thence northeasterly 237.66 feet along the arc of a curve whose chord
bears, N46"23'01 "Ê., 216.27 feet; thence N03"41'29'E,48.63 feet; thence N06o32'23"E,
188.74 feet; thence N00'10'44"8,1019.24 feet; thence N89'08'55'E, 1006.52 feet to the
point of beginning. (contains 50.1964 acres)
WHEREAS, the Plan Commission reviewed the application and recommended
that the rezoning be approved; and
WHEREAS, the Common Council held a public hearing on said application on
June 7, 2016, at which time all interested parties appeared and were heard; and
WHEREAS, following said public hearing and with the favorable
recommendation of the Plan Commission, the Common Council is of the opinion that the
best interests of the City would be served if the rezoning was approved; and
WHEREAS, following said public hearing and upon favorable recommendation of
the Plan Commission, the Common Council is of the opinion that the best interests of
the City would be served if the rezoning was approved for the lands hereinabove
described.
NOW, THEREFORE, the Common Council of the City of Oak Creek does
hereby ordain as follows:
SECTION 1: To promote the general welfare, public safety and general planning
within the City of Oak Creek, the lands hereinabove described are hereby rezoned from
P-1, Park District, to 8-6, lnterchange Regional Retail District, and the Zoning Map of
Chapter 17 of the Municipal Code is hereby amended to reflect the rezoning.
SECTION 2: All ordinances or parts of ordinances and Zoning District Maps
made a part of Chapter 17 of the Municipal Code of the City of Oak Creek in conflict
herewith are hereby repealed.
SECTION 3: The several sections of this ordinance are declared to be severable.
lf any section shall be declared, by a decision of a court of competent jurisdiction, to be
invalid, such decision shall not affect the validity of other provisions of this ordinance.
SECTION 4: The rezoning shall take place contemporaneously with the
enactment of this ordinance and shall take effect immediately upon its passage and
publication.
Passed and adopted this 7th day of June, 2016.
President, Common Council
Approved this
7th
day of June, 2016.
Mayoi
ATTEST
VOTE:
City Clerk
Ayes
Noes
L6
TO BE PUBLISHED MAY 19 & 26, 2016
OFFICIAL NOTICE
NOTICE OF PUBLIC HEARING
BEFORE THE OAK CREEK COMMON COUNCIL
PURPOSE:
The purpose of this public hearing is to consider a request by HSI Oak Creek Partners, LLC, on behalf of Mary
Voelker, Margaret Munson, and Life Creek Church, lnc., to rezone and establish a Planned Unit Development for the properties
a17721 S. Pennsylvania Ave.; and 2100, 2200, and2280 E. Drexel Ave.
Hearing Date:
Time:
Place:
Tuesday, June 7, 2016
7:00 PM
Oak Creek City Hall
8040 South 6th Street
Oak Creek, Wl 53154
Common Council Chambers
Applicant:
Property Owner(s):
Property Locatlon(s):
Tax Key(s):
HSI Oak Creek Partners, LLC
Mary Voelker, Margaret Munson, and Life Creek Church, lnc,
7721 S. Pennsylvania Ave,; and 2100,2200, and 2280 E. Drexel Ave.
779-9991 -001 , 779-9006, 779-9007 ,779-9008
Legal Description:
That part of the Southwest 1/4 of Section 10, Township 5 North, Range 22 Easl, in the City of Oak Creek, County of Milwaukee,
State of Wisconsin bounded and described as follows:
Commencing at the Northeast corner of the said Southwest 1/4 Section running thence South 00 18' 15" West along the East
line of said Southwest 1/4 Section, 1325.15 feet; thence South 880 54' 35" West, 200.00 feet to the place of beginning of lands
hereinafter described: thence South 00 18' 15' West and parallel to the East line of said Southwest 114 Section, 250.00 feet;
thence South 880 54'35" West, 83.70 feet; thence South 00 18' 15'West and parallel to the East line of said Southwest 1/4
Section 412.36 feet to the South line of the North 1t2 of lhe South 1/2 of said 1/4 Section; thence North 880 39' 57" West along
the South line of the North 1t2of the South 1/2 of said 1/4 Section 1.12Íeet; thence South 10 14'37" East,617.19 feet; to the
North line of East Drexel Street; thence South 88057'40" West, 946.32 feet along said North line; thence North 1002'25" West,
616.67 feet to the South line of the North 112 oÍ the South 1/2 of said 1/4 Section; thence South 88057' 07" West, 629.97 feet
along said South line; thence North 32028' 36" West, 386.31 feet; thence Northeasterly 733.78 feet along the arc of a curve
whoðe center lies to the Southeast whose radius is 1576.12 feet and whose chord bears North 610 53'50'East,727.17 feeli
thence North 880 51' 02" East 1228.39 feet to the point of beginning,
EXCEPTING therefrom those lands described in Warranty Deed recorded as Document No. 8736612,
ALSO;
Lots 2, 3, and 4 of Certified Survey map No. 8230, recorded on April 14,2010, in Reel 7343 ol Certified Survey Maps, as
Document No, 9863468, being a part of the Southeasl%ol the Southwesl%ol Section 10, Town 5 North, Range 22 East, in the
City of Oak Creek, County of Milwaukee, State of Wisconsin.
The Common Council has scheduled other public hearings for June 7,2016 at 7:00 PM. This hearing may begin at 7:00 PM or
as soon as possible following the conclusion of other public hearings.
Any person(s) with questions regarding the proposed change may call the Department of Community Development al Ø1Ð 766'
7000, during regular business hours.
Date of Notice: May 12,2016
CITY OF OAK CREEK COMMON COUNCIL
Steve Scaffidi, Mayor
By:
PUBLIC NOTICE
PLEASE NOTE: Upon reasonable notice, a good faith effort will be made to accommodate the needs of disabled individuals
through sign language interpreters or other auxiliary aid at no cost to the individual to participate in public meetings. Due to the
difficulty in tinOing interpreters, requests should be made as far in advance as possible, preferably a minimum of 48 hours. For
additional information or to request this service, contact the Oak Creek City Clerk at 766-7000, or by writing to the ADA
Coordinator at the Health Depariment, City Hall, 8040 South 6th Street, Oak Creek, Wisconsin 53154.
City of Oak Creek
Common Council Report
Meeting Date: June 7,2016
Item No.:
ïb
Recommendation: That the Common Council adopts Ordinance No. 2809 approving the rezoning of
the properties at 7721 S. Pennsylvania Ave.; and 2100,2200, and 2280 E. Drexel Ave. EXCLUDING
FW, Floodway, and FF, Flood Fringe Districts, to Rm-1 (PUD), Multifamily Residential Planned Unit
Development.
Background: At the April 24,2016 meeting, the Plan Commission recommended Common Council
approval of rezoning the properties a|7721 S. Pennsylvania Ave.; and 2100, 2200, and 2280 E. Drexel
Ave from Rs-1, Single Family Residential and l-1, lnstitutional, to Rm-1 (PUD), Multifamily Residential
Planned Unit Development. lt should be noted that the rezone request would not affect the existing
FW, Floodway or FF, Flood Fringe district boundaries.
Council will recall that these properties were the subject of a Comprehensive Plan Amendment
approved in January 2016. All properties are currently in the purchase process by HSI Oak Creek
Partners, LLC in anticipation of constructing a multifamily apartment community.
Per the information submitted by the Applicants, the development is proposed to include:
a
a
a
a
a
Twenty (20) two-story walkup apartment buildings: 10 buildings will contain 11 units, 4 buildings
will contain 15 units, and 6 buildings will contain 20 units.
A total of 290 units: 16 studio, 108 one-bedroom, 14 one-bedroom + den, 120 two-bedroom,
and 32 three-bedroom apartments.
Parking in 224 garage stalls and 445 surface parking stalls (total = 669).
One 5,600 square-foot clubhouse and in-ground pool on the southeast side of the proposed
road.
One 1,600 square-foot gazebo on the southwest side of the proposed road that is integrated
with the proposed walking trails.
Two water retention areas (excluding the floodplain area).
Phase I is proposed to contain 12 of the 20 apartment buildings, the northeastwater retention area, the
clubhouse and pool area, the gazebo, walking trails, roadways and parking areas for the eastern portion
of the development. Phase ll is proposed to contain the remaining I apartment buildings, roadways,
parking, and northwest water retention area.
The parcels will be combined via CSM at a future date, which eliminates the concerns raised by staff
that structures crossed existing property lines. Section 17.0311(e)(3) limits the sum total of the floor
area for all buildings to 50% of the lot area. As currently configured, the apartment buildings, club
house, and gazebo comprise approximately 26% of the total lot area. Council should note that this
excludes the proposed detached garages shown on the concept plan.
Minimum lot area per unit type, setbacks, and maximum unit densities (overall 7.8 units/gross acre
calculated based on Alta survey area) appear to be met in the proposal; however, these will need to be
verified once site plans are finalized. Requests for departures from the zoning regulations have been
incorporated into the Conditions and Restrictions. Specifically, a request for the club house to be a
maximum of 30 feet in height (accessory structures are required to be no taller than 17 feet per the
Zoning Code), and an extension of the Time of Compliance section beyond 12 months.
Staff comments from the Engineering Department regarding curb and gutter on the main roads and a
Traffic lmpact Analysis were provided to the Applicants. A Development Agreement will be required for
the project, which is currently being drafted.
The attached Conditions and Restrictions were recommended for approval by the Plan Commission at
their May 10,20'16 meeting.
Fiscal lmpact: Approval of this use will allow the construction of a new multifamily residential
development with amenities on the properties. lmpact fees are estimated at$768,228.
Prepared by
Respectfully Submitted,
L)
Seym our, AICP
rector of Community Development
Fiscal Review by:
Bridget M.
Finance Di
Gerald Peterson, ICMA-CM
City Administrator
TO BE PUBLISHED MAY 19 & 26, 2016
OFFICIAL NOTICE
NOTICE OF PUBLIC HEARING
BEFORE THE OAK CREEK COMMON COUNCIL
PURPOSE:
The purpose of this public hearing is to consider a request by HSI Oak Creek Partners,
LLC, on behalf of Mary Voelker, Margaret Munson, and Llfe Creek Church, lnc., to rezone and establish a
Planned Unit Development for the properties a|7721 S. Pennsylvania Ave.; and 2'100, 22A0, and 228A E.
DrexelAve,
Tuesday, June 7, 2016
Hearing Date:
7:00 PM
Time:
Place:
Oak Creek Cítv Hall
8040 South 6tr Street
Oak Creek, Wl 53154
Common Council Chambers
HSI Oak Creek Partners, LLC
Mary Voelker, Margaret Munson, änd Life Creek Church, lnc.
7721 S. Pennsylvania Ave.; and 210A,2200, and 2280 E. Drexel Ave
779-9991 -001, 779-9006, 779-9047, 779-9008
Applicant:
Property Owner(s):
Property Location(s):
Tax Key(s):
Legal Description:
That part of the Southwest 1/4 of Section 10, Township 5 North, Range 22East, in the City of Oak Creek,
County of Milwaukee, State of Wisconsin bounded and described as follows:
Commencing at the Northeast corner of the said Southwest 1/4 Section running thence South 00 18' 15'
West along the Ëast line of said Southwest 1/4 Section, 1325.15 feet; thence South 880 54'35" West,
200.00 feet to the place of begínning of lands hereinafter described: thence South 00 18' 15" West and
parallelto the East line of said Southwest 1/4 Section, 250.00 feet; thence South 880 54' 35" West, 83.70
feet; thence South 00 1 8' 1 5' West and parallel to the East line of said Southwest 1i4 Section 41 2.36 feet
to the South line of the North 112 of the South 1/2 of said 1/4 Section; thence North 880 39'57" West
along the South line of the North 112 of lhe South 1/2 of said 1/4 Section 1.12'feel; thence South 10 '14'
37" East, 617.19 feet; to the North line of East Drexel Street; thence South 88057'40" West, 946.32 feet
along said North line; thence North 1002' 25" West, 616.67 feet to the South line of the Noñh 112 of lhe
South 1/2 of said 1/4 Section; thence South 88057' 07" West, 629.97 feet along said South line; thence
North 32028' 36" West, 386.31 feet; thence Northeasterf y 733.78 feet along the arc of a curve whose
center lies to the Southeast whose radius is 1576.12 feet and whose chord bears North ô10 53'50" East,
727.17 feet; thence North 880 51' 02" East 1228.39 feet to the point of beginning.
EXCEPTING therefrom those lands described in Warranty Deed recorded as Document No. 8736612.
ALSO;
Lots 2, 3, and 4 of Certified Survey map No. 8230, recorded on April 14,2A10, in Reel 7343 of Certified
Survey Maps, as Document No. 9863468, being a part of the Southeast% of the Southwest% of Section
'10, Town 5 North, Range 22 East, in the City of Oak Creek, County of Milwaukee, State of Wisconsin.
The Common Council has scheduled other public hearings for June 7, 2016 at 7:00 PM, This hearing
may begin at 7:00 PM or as soon as possible following the conclusion of other public hearings.
Any person(s) with questions regarding the proposed change rnay call the Department of Community
Development at (414) 706-7000, during regular business hours.
of Notice: Mav
1'
9n1F.
CITY OF OAK CREEK COMMON COUNCIL
By:
Steve Scaffidi, Mayor
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Location
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MINUTES OF THE
OAK CREEK PLAN COMMISSION MEETING
TUESDAY, MAY 1 0,2016
Mayor Scaffidi called the meeting to order at 6:00 p.m. The following Commissioners were
present at roll call: Commissioner Dickmann, Commissioner Johnston, Commissioner Carrillo,
Alderman Bukiewicz, Mayor Scaffidi, Alderman Guzikowski, Commissioner Correll,
Commissioner Siepert, and Commissioner Chandler. Also present: Kari Papelbon, Planner;
Pete Wagner, Zoning Administrator; Doug Seymour, Director of Community Development; and
Mike Kressuk, Assistant Fire Chief.
Commissioner Dickmann moved to approve the April 26, 2016 meeting minutes. Commissioner
Siepert seconded. On roll call: Mayor Scaffidi and Commissioner Correll abstained. All others
voted aye. Motion carried.
Gonditions and Restrictions
HSlOak Creek Partners, LLC
7721 S. Pennsylvania Ave.; and 2100, 2200, and228O E. Drexel Ave.
Tax Key Nos. 779-999f -00f ,779-9006,779-9007, and 779€008
Kari Papelbon recounted that the Plan Commission recommended the rezone and Planned Unit
Development for approval at the last meeting. Plan Commission is now reviewing the
Conditions and Restrictions proposed by Staff. Ms. Papelbon called attention to several
sections of the Conditions and Restrictions where she requested input from the Commission.
First was the issue of time of compliance. Code requires that a building permit be issued within
twelve (12) months of approval. Due to the multi-phase nature of this project, the applicants
have requested an extension to eighteen (18) months from the time of Council approval to
obtain a building permit for Phase l. ln addition, the applicant is requesting 48 months from the
time of Council approval to obtain a building permit for Phase ll. Ms. Papelbon requested the
Commission's input on the requests for extension on the time of compliance.
Alderman Bukiewicz noted that he did not have an issue with extending the time of compliance
for either phase, adding that there are many factors that can affect whether or not a building
project stays on schedule. Commissioner Dickmann likewise did not have an issue with the
request for extension, however he expressed concern that the applicant might build Phase I and
not follow through with Phase ll. Ms. Papelbon confirmed that this could be the case.
Commissioner Dickmann inquired whether there could be language included to prevent building
Phase I only. Ms. Papelbon clarified that if the applicant does not obtain a building permit within
48 months for Phase ll, they would need to return to the Plan Commission for approvals before
moving fonruard. The majority of the project is in Phase l, including the public amenities such as
the pool, clubhouse, proposed gazebo, and walking paths, as well as most of the apartment
buildings. Alderman Bukiewicz pointed out that it is in the develope/s best interests to complete
both phases because it provides a greater capacity to meet the financial objectives of the
development. Commissioner Correll commented that he did not see an issue with the extension
for either phase. Commissioner Chandler inquired of the applicant why the time of compliance
would not be set for twelve months, and extended if necessary.
Tony DeRosa, HSI Oak Creek Partners, LLC, 18500 W, Corporate Drive, BrooKield:
Mr. DeRosa noted that the reason they are requesting the Phase I extension to eighteen
Page 1 of 10
months right away is because even though pulling together all of the phases of the planning and
architecture of the project may leave them in a position to start early, commencement of the
project might be affected by weather constraints. They are attempting to anticipate possible
delays from the start of the project, rather than having to come back at a later point to request
more time, as this may further delay the process.
Kari Papelbon raised the issue of item 78 of the Conditions and Restrictions, which addresses
the maximum accessory building height of seventeen feet, as the applicant is proposing a
clubhouse lreight that would exceed this maximum. Mr. DeRosa explained that the clubhouse
would have some taller features, such as a small tower. The outside appearanæ of the
clubhouse would resemble a two-story building, but would actually be one-story with an open-air
concept. He feels that the building would definitely lack architectural interest if limited to
Commissioner Chandler inquired as to the actual proposed height of the
seventeen
clubhouse building. Mr. DeRosa indicated that the building is still in the architectural design
phase, and he did not have an answer at this point. Commissioner Johnston asked whether the
clubhouse height could be excepted out of the Conditions and Restrictions, leaving the
feet.
seventeen-foot height language to apply to the other buildings in the development. Ms.
Papelbon noted that this would be a consideration for the Plan Commission, but that the height
of the gazebo might also be in question. Mr. DeRosa indicated that he did not believe the
gazebo would exceed seventeen feet, but could not confirm the actual proposed height at this
point. He added that he would be comfortable modifying the Conditions and Restrictions to
except out the clubhouse building, keeping other accessory buildings at the seventeen feet
maximum. Ms. Papelbon requested that the Plan Commission assign a maximum height of the
clubhouse. This language would be included so that the Common Council has something
concrete to consider.
Kari Papelbon introduced item 4M of the Conditions and Restrictions, explaining that the
applicant has requested some flexibility regarding completion of landscaping prior to occupancy.
The applicant would like to be able to use the buildings as they are completed. Ms. Papelbon
explained that she has spoken with the lnspection department, and this is doable. Staff had
some concems about this request, and would like an agreement in place regarding what
landscape elements and other required improvements would be required prior to occupancy.
The exact language is not yet in place, but there will be ongoing discussion with staff on this
item. Mayor Scaffidi added that it seemed problematic to have residents moving in ahd using
the space while other areas are still under construction. Ms. Papelbon noted that this would be
the reason for stipulating exactly what was required prior to occupancy. Mr. DeRosa explained
that at the time a portion of the project was completed and the buildings were ready for
occupancy, it may be a time of yearthat is not conducive to installing landscape elements.
Commissioner Dickmann inquired whether a Traffic lmpact Analysis was being done on the
project. Mr. DeRosa answered that they are currently working on the analysis.
Mayor Scaffidi called for any public comment:
David Kubicek, 7911 S. Long Meadow Dr., Oak Creek:
Mr. Kubicek explained his issue is the additional traffic on Drexel Avenue that will be generated
by these apartments, and the impact it will have on the safety of the intersection at Drexel Ave.
and the proposed entrance to the apartment community, which is across the street from the
entrance to his subdivision. This intersection is located just east of the crest of the hill on
Drexel; he is concerned that cars traveling eastbound attempting to bypass cars making a lefthand turn into the apartment subdivision as they are approaching the crest of the hill would
Page 2 of 10
naturally use the right-hand lane. Because of the proximity of this intersection to the crest of the
hill, a motorist could potentially cause an accident if they are passing on the right and there is
another car turning right into the subdivisíon across the street, especially at the posted speed of
35 mph. There is not enough time for a passing motorist to see what is coming over the crest of
the hill and react appropriately. Mr. Kubicek made several suggestions to alleviate this
situation. His first suggestion was to lengthen the right-hand turning lane into his subdivision to
give motorists more time. Secondly, he suggested widening eastbound Drexel to three lanes to
isolate one lane for left-turn only into the apartment subdivision, a second lane heading east
towards Pennsylvania Ave., and a third right-turn only lane into his subdivision entrance. Lastly,
he suggested that the speed limit be reduced to 25 mph. Mayor Scaffidi thanked Mr. Kubicek
for his comments and added that this would be considered a Traffic and Safety issue.
Thomas Sprague, 2201 E. Oak Ridge Ln., Oak Creek:
Mr. Sprague also expressed concern with the additional traffic that would result from this
development. He noted that the traffic is already excessive at rush-hour, and it is difficult for
residents to exit north out of the subdivision that is across from the proposed apartment
complex entrance to make a left-hand tum onto Drexel Ave. heading west. He explained that
he does not know why the City hasn't done a Traffic lmpact Analysis prior to consideration of
this apartment complex, as he feels that this development will increase traffic to such a level
that motorists exiting his subdivision will be taking risks in order to turn left out of the subdivision
onto Drexel. Mayor Scaffidi noted that the City is well aware of the increased traffic on Drexel
and is consistently looking at traffic impact. Mr. Sprague also suggested that the City impose a
"No Right Turn on Red" for southbound motorists on Pennsylvania Ave. making a right-hand
turn onto westbound Drexel Ave. He felt that this would help create larger gaps between cars
heading westbound on Drexel, and allow more opportunity for cars making a left-hand turn out
of his subdivision to merge with traffic on Drexel. Mayor Scaffidi noted that his suggestion was
a bit outside the scope of this agenda item, but again would be a consideration for the Traffic
and Safety Commission.
Arden Degner, 8540 S. Pennsylvania Ave., Oak Creek:
Mr. Degner expressed his disapproval of this project, noting that it is surrounded by floodway
and flood fringe. He further objected to splitting the development into phases, as he felt that
HSI might defer future phases to another builder. Mr. Degner reiterated comments made at the
Plan Commission meeting on April 26, 2016, wherein he requested escrow for repairs of
retaining walls and interior roads, installation of traffic controls, installation of deceleration and
acceleration lanes on Pennsylvania and Drexel Avenues, and the installation of desalination
equipment due to the runoff of ice melt.
Kari Papelbon noted a suggestion brought forth about adding curb and gutter to the site plan,
though this would not be required by Code. She inquired whether the Plan Commission would
like to add that item as a recommendation or requirement for Council consideration.
Commissioner Johnston stated that he felt that curb and gutter are needed in an upscale
development to protect the roadways and to prevent people from parking on the grass, as well
as to define the main access road into the development. He added that going back after the
fact to add these elements is very difficult. Mr. DeRosa noted that HSI is comfortable with
adding curb and gutter along the main streets. He noted that there may be some areas directly
in front of the buildings that are not curbed, but these areas tend to be more heavily landscaped.
Commissioner Dickmann inquired whether this should be added to the Conditions and
Restrictions. Ms. Papelbon answered that there will be the opportunity to add this to the
conditions of approval at site plan review.
Page 3 of 10
Commissioner Siepert inquired as to whether the interior roadways would meet the City
standards in terms of thickness, and also asked what type of material would be used. Mr.
DeRosa answered that asphalt will be used. He asked Commissioner Johnston's input on any
required specifications for interior roads. Commissioner Johnston clarified that Commissioner
Siepert's question is actually whether or not the interior roadways would meet the public road
standards. Mr. DeRosa noted that they would not be meeting those standards. Commissioner
Siepert expressed concem that, at some point, the interior roads would be turned over to the
City for repair whiclr would lre costly, and felt that the starrdards slrould be considered. Mr.
DeRosa responded that the roadways would be privately-owned streets built to private
standards, and that there is no intention of these roads ever being turned over to the City.
Mayor Scaffidi called for a motion. Kari Papelbon noted that an error had been made on the
original staff report and suggested that she read the staff recommendation into the record which
could then be adopted as a motion: that the Plan Commission recommends that the Common
Council adopts the Conditions and Restrictions as part of the rezoning of the properties at7721
S. Pennsylvania Ave.; and 2100,2200, and 2280 E. Drexel Ave. to Rm-1 (PUD), Multifamily
Residential Planned Unit Development after a public hearing and subject to Conditions and
Restrictions. Alderman Bukiewicz moved as stated by Ms. Papelbon. Alderman Guzikowski
seconded. On rollcall: allvoted aye. Motion carried.
Ma
7901
Review
Grootenhuis, HSA Commercial
Tax Key
st.
813-9056-000
Kari Papelbon
ined this is a proposed facility for Froedtert - Drexel Town Square Health
Clinic. Review of
will be subject to the Drexel Town Square General Development
The health clinic includes a proposed three-story building on the
Plan and Regulating
north and northeast
to DrexelAve., and a proposed four-story parking garage on
Access to the clinic is provided by three driveways: north from
the west portion of the prope
in entrance), and shared access with Emerald Row
Drexel Ave., east from 6th
property. Staff has several concerns with controlling
Apartments on the south side of
solely for deliveries and emergency vehicle
access to the north driveway, as this
access to this driveway, including a security gate
access. ldeas have been proposed to
garage and the main building. This is
at the turnaround island located between
security gate only covers a portion of the
intended as an emergency turnaround. The
entire driveway to the building to limit
drive. Staff is proposing that the gate extend
nt regarding controls for the
unauthorized access. They are also working with the
gate. Staff has also proposed narrowing the service
near the parking garage on the
northeast side. This would help to physically deter una
parking stalls, while
access drive. Staff
configuration.
uivalent of 460
Estimated overall parking on the site is 5 spaces per 1,000 gross square
parking stalls). Taking into consideration planned future build-out of the
applicant
is proposing 225 surface stalls and 425 stalls in the parking structure, for a total
, which
exceeds the requirement.
ln addition, the plans show the south access drive has six parallel
the General Development Plan shows parallel parking along the e
recommends including an option in the plans to incorporate this
Ms. Papelbon also mentioned the proposed pedestrian walkways located on the east
Puge 4 uf 10
as unpleasant smells, or a high volume of truck traffic. Limiting their production is going to
on those types of nuisances. Mr. Wagner responded that limiting by production
qua
would be difficult to enforce. Using square footage parameters in tandem with quantity
restricti
will go a long way to ensuring that these types of businesses do not get too large
that they
other logistical issues in our commercial districts. Kari Papelbon added that
istilleries limited by quantity have the capacity to manufacture their
existing
product up to a
in amount, but that does not necessarily mean that they will reach that limit.
would allow a business room for expansion before they would need to
lmposing that thres
move from a com
a manufacturing district. Alderman Guzikowski and Commissioner
Siepert voiced their su
using both square footage and production limitations in the Code
requirements. Pete Wagne
that other communities limit the square footage based on a
percentage of the overall size
the faci lity. For instance, productíon might be limited to no
with the remaining portion used for retail operations or a
more than fifty percent of the bui
tasting room.
Adam Murphy, 9843 S. 27th St., Franklin
Oak Creek, He explained that one of the
Mr. Murphy is interested in opening a distillery
state to state is that distilleries are
reasons why there are differences in regulations
lled at the state level. The State of
controlled at the federal level, while tasting rooms are
ite, while other states allow tasting
Wisconsin requires that a tasting room for a distillery be
- sales outside of the tasting
rooms off-site. Wisconsin uses a three-tier distribution
a tasting room is critical to
rooms need to go through distributors, then retailers. He fee
re genenated through the
the success of a microdistillery - approximately 1Ù-32o/o of sa
is no distributor or
tasting rooms. ln this case, there is a 100% return on the product
to Oak Creek is
retaíler taking a portion of the profits. His concern in bringing a
possibilities, but
where the City would allow it to be located. He mentioned several
atea.
those locations would not necessarily draw customers in, particularly in an ind
tn
Alderman Bukiewicz added that discussion on this topic is timely as there is
that
bringing these types of businesses to the area. His opinion is to limit by square
it is important to allow for expansion. Pete Wagner noted that at this point, the Staff's ob
is to provide information to the Commission for consideration prior to any requests
Conditional Use.
Commissioner Carrillo moved to adjourn. Commissioner Correll seconded. On roll
voted aye. Motion carried. The meeting was adjourned at 8:11 p.m.
ATÏEST
5t24t16
las
Plan Commission Secretary
Page 10 of 10
call:
all
City of Oak Creek - Planned Unit Development (PUD)
Conditions and Restrictions
Approved by Plan Commission: 5-10-1 6
Approved by Common Council: TBD
Applicant: Tony DeRosa, HSI Oak Creek Partners, LLC
Property Addressesl. 7721S. Pennsylvania Ave.; 2100,
2200, &2280 E. DrexelAve.
Tax Key Number(s): 779-9991-001, 779-9006, 779-9007,
(Ord. #TBD)
779-9008
1.
LEGAL DESCRIPTION
That part of the Southwest 1/4 of Section 10, Township 5 North, Range 22 East, in the City of Oak Creek,
County of Milwaukee, State of Wisconsin bounded and described as follows:
Commencing at the Northeast corner of the said Southwest l14 Section running thence South 00 18' 15'
West along the East line of said Southwest 1/4 Section, 1325.15 feet; thence South 880 54' 35" West,
2OO.0O feet to the place of beginning of lands hereinafter described: thence South 00 18'15'West and
parallel to the East line of said Southwest 1/4 Section, 250.00 feet; thence South 880 54' 35" West, 83.70
feet; thence South 00 18' 15" West and parallelto the East line of said Southwest 1/4 Section 412.36 feet to
the South line of the North 112 of the South 112 of said 1/4 Section; thence North 880 39' 57" West along the
Southlineof theNorthl/2of theSouth 1l2of saidl/4Sectiorn1.12feet; thenceSouthl0 14'37"East,
617.19 feet; to the North line of East Drexel Street; thence South 88057'40" West, 946.32 feet along said
North line; thence North 1002' 25" West, 616"67 feet to the South line of the North 112 of the South 112 of
said 114 Section; thence South 88057' 07' West, 629.97 feet afong said South line; thence North 32028' 36'
West, 386.31 feet; thence Northeasterly 733.78 feet along the arc of a curve whose center lies to the
Southeast whose radius is 1576.12 feet and whose chord bears North 610 53' 50" East, 727.17 feef;
thence North 880 51' 02" ãasf.1228.39 feet to the point of beginning.
EXCEPTING therefrorn,those lands described in Warranty Deed recorded as Document No. 8736612.
ALSO;
Lots 2, 3, and 4 of Certified Survey rnap No. 8230, recorded on April 14, 2010, in Reel 7343 of Certified
Survey lVkips, as Document No. 9863468, being a part of the Southeasl % of the Southwesl lo of Section
10, Town 5 North, Range 22 East, in the City of Oak Creek, County of Milwaukee, State of Wisconsin.
2.
REQUIRED PLANS. EASEMENTS. AGREEMENTS AND PUBLIC IMPROVEMENTS
A. A precise detailed site plan for the area affected by the Planned Unit Development shall be submitted
to, and approved by, the Flan Commission prior to the issuance of any building or
occupancy
permits. This plan shall show and describe the following:
f
)
2l
General Development Plan
a)
b)
c)
d)
e)
f)
s)
Detailed building locations with setbacks
Square footage of all buildings/structures
Area(s) for future expansion
Area(s) to be paved
Access drive(s) (width and location)
Sidewalk location(s)
Parking layout and traffic circulation
Location
ii) Number & Wpe(s) of dwellings
iii) Number of garage & surface spaces
iv) Dimensions
v) Setbacks
3)
i)
4l
Landscape Plan
a) Screening plan for outdoor storage
b) Number, initial size and type of plantings
c) Parking lot screening/berming
Building Plan
a) Architectural elevations
b) Building floor plans
c) Materials of construction
Lighting Plan
a
b
c
d
Page 1 of 10
Types & color of fixtures
Mounting heights
Types & color of poles
Phôtometrics of proposed flxtures
5)
h)
Location(s) of loading berths
i)
i)
Location of sanitary sewer (existing & proposed)
Location of water (existing & proposecj)
k)
Location of storm sewer (existing & proposed)
l)
Location(s) of wetlands (field verified)
Location(s), square footage and height of sign(s)
Grading, Drainage and Stormwater Management
Plan
a)
h)
c)
6)
m)
B. All plans for new buildings, additions, or exterior
Contours (existing & proposed)
t ocation(s) of storm sewer (existing and
proposed)
Location(s) of stormwater management
structures and basins (if required)
Fire Protection
a)
b)
c)
Locations of existing & proposed fire hydrants
lnterior floor plan(s)
Materials of construction
remodeling shall
be submitted to the
Plan
Commission for their review and approval prior to the issuance of a building permit.
C. For any new buildings or
structures and additions, site grading and drainage, stormwater
management and erosion control plans shall be submitted to the City Engineer for approval, if required.
The City Engineer's approval must be received prior to the issuance of any building permits.
D.
E.
A Development Agreement shall be completed between the owner(s) and the City if deemed necessary by
the City Engineer so as to ensure the construction or installation of public or other improvements required
in ltem 1 above, andior as specified by these conditions and restrictions.
Plans and specifications for any necessary public improvements within developed areas (e.9. sanitary
sewer, water main, storm sewer, etc.) shall be subject to approval by the City Engineer.
F. lf required by the City of Oak Creek, public easements
for telephone, electric power, sanitary sewer,
storm sewer and water main shall be granted. Said easements shall be maintained free and clear of any
buildings, structures, trees or accessory outdoor appurtenances. Shrubbery type plantings shall be
permitted; provided there is access to each of the aforementioned systems and their appurtenances.
G. All electric, telephone and cable TV service wires or cable shall be
installed underground within the
boundaries of this property.
H.
For each stage of development, detailed landscaping plans showing location, types and initial plant sizes
of all evergreens, deciduous trees and shrubs, and other landscape features such as statuary, art
forms, water fountains, retaining walls, etc., shall be submitted to the Plan Commission for approval prior
to the issuance of a building permit.
There shall be a maximum of twenty (20) multifamily buildings, and a maximum of 290 units. Accessory
buildings, garages, a clubhouse, a poof, and a gazebo may be permitted so long as they are compliant
with all applicable provisions of the Municipal Code and these conditions and restrictions. Any increase in
the number of multifamily buildings or units shall require an amendment to these conditions
and
restrictions.
3.
PARKING AND ACCESS
A.
A Traffic lmpact Analysis (TlA) shall be performed and submitted to the Engineering Department for
review prior to the submission of applications for Plan Commission review of Phase I plans (includíng, but
not limited to: site, building, landscaping, and lightíng).
B.
Parking for this project shall be provided in accordance with Section 17.0401 of the Municipal Code as
follows:
*Required Parking
Unit Tvpe
Ëfficiency / 1-bedroom unit
'1-bedroom + den / Two-bedroom unit
Page 2
1.5 stalls
2 stalls
of 10
2.5 stalls
Three-bedroom or larger units
*Minimum parking requirements includes garage spaces.
C.
Where 90" parking is indicated on the site plans, individual-parking stalls shall be nine (9) feet in width
byeighteen(18)feetinlength. Thestandardsforothertypesofangleparkingshall bethoseassetforth
in Section 17.0403(d) of the Municipal Code.
D.
Movement aisles for 90" parking shall be at least twenty-two (22)feet in width.
parking areas shall be surfaced with an all-weather wearing surface of plant mix asphaltic
concrete over crushed stone base subject to approval by the City Engineer. A proposal to use other
materials shall be submitted to the Plan Commission and the Engineering Department for approval. All
parking areas, garages, and private drives shall be in place in accordance with the signed Development
Agreement.
E. All off-street
F. Other parking arrangements,
showing traffic circulation and dimensions, shall be submitted to the Plan
Commission for approval.
G.
All driveway approaches to this property shall be in compliance with all the standards set forth in Chapter
6 of the Oak Creek Municipal Code. Any off-site improvements shall be the responsibility of the property
owner.
parking areas shall be landscaped in accordance with Sections 17.0330 & 17.0403 of the
Municipal Code.
H. All off street
l.
Parking shall be located in a garage or carport or on a driveway that does not exceed twenty-four (24)
feet in width, except for a spur that is a maximum of ten (10) feet by twenty (20) feet or the flare to access
a parking area in the side or rear yard.
J. Adjustments to required parking may be made by the Plan Commission
in accordance with Section
17.0404.
4.
LIGHTING
All plans for new outdoor lighting for each stage of the development shall be reviewed and approved by the
Plan Commission and Electrical lnspector in accordance with Section 17.0808 of the Municipal Code.
5.
LANDSCAPING
A.
Parking Lot Screening. Those parking areas for five (5) or more vehicles if adjoining a residential zoning
district line or public right-of-way shall be screened from casual view by an earth berm, a solid wall, fence,
evergreen planting of equivalent visual density or other effective means approved by the City Plan
Commission. Such fence or berm and landscaping together shall be an average of three (3) feet in height
between the parking and the street right-of-way. All screening materials shall be placed and maintained at
a minimum height of three (3) feet.
1.
At least one ornamental deciduous tree, no less than 2.5" caliper, shall be incorporated into the
design for every 35 linear feet of public street frontage.
2.
At least
3.
For purposes of determining the number of plants necessary to meet the minimum 25o/o Qround
coverage requirement, plant types are categorized by their general size and potential mature ate coveraoe area
of the total green space area shall be landscaped utilizing plant materials, other than
maintained turf, that contribute to ground coverage.
25o/o
Page 3
of 10
Area of Coverage
Plant Type
Provided
Evergreen Tree (>8' Dia.)
Large Shrub (6-8' Dia.)
Medium Shrub (a-6' Dia.)
75 sq. ft.
38 sq. ft.
20 sq. ft.
12 sq. ft.
6 sq. ft.
SmallShrub (2-4'Dia.)
Perennial(4.5" Pot)
*
Note shade and ornamental trees are not considered a plant type contributing to "at grade"
coverage.
4.
B.
To assure a diversity of color, texture and year-round inteøest, the total number of plant materials
must be comprised of a minimum 25o/o evergreens, but no more than 70%.
lnterior Landscape Area. All public off-street parking lots which serve five (5) vehicles or more shall be
provided with accessory landscaped areas; which may be landscape islands, landscape peninsulas or
peripheral plantings totaling not less than five (5) percent of the surfaced area. Landscape islands or
peninsulas shall be dispersed throughout the off-street parking area. Landscape islands shall provide a
minimum 30-inch clear area for vehicle overhang and snow storage. One ehade tree shall be provided
within the interior planting area for every 300 square feet of interior landscaping, For parking lots designed
for twenty-five (25) parking spaces or more, interior parking lot landscaping shall be provided at the following
rates:
RequÍlpd lnterior Plantinq Area
Total Paved Area
0-49,999 sq. ft.
50,000 sq. ft. or larger
5olo
10o/o
of paved area
øÍ paved area
C.
Perimeter Landscape Area. Ín an effort to prevent adjacent parking lots from becoming one large
expanse of paving, perimeter landscaping shall be required. The perimeter strip shall be a minimum 5
feet in width. A minirnum of one tree and flve shrubs is required for every 35 linear feet of the
perimeter of the parking area and looated within the perimeter landscape area.
D.
Landscaping Adjacent to Buildings. There shall be a minimum three-foot landscaped area provided
between the edge of pavernent and the entrance elevation of the building.
E.
Screening of Trash. Trash r'eceptacles ehall not be located within the front or street yard, and shall be
screened frorn casual view by rneans of screening that is compatible with the main building/structure
and landscaping
F. Screening
of Grou,nd Mounted Mechanical Equipment. Ground mounted mechanical equipment shall
not be located within the fr.ont or street yard, and shall be screened from casual view by means of
screening that is compatible with the main building/structure and landscaping.
G.
Screening of Roof Mounted Mechanical Equipment. Roof mounted mechanical equipment shall be
screened from casual view.
H.
Walls. No retaining wall shall exceed four (4) feet in height unless it has been designed and
its construction supervised by a Professional Engineer. A retaining wall may be stepped to achieve
greater height. Each step of the wall shall be no more than four (4) feet in height and shall be set back a
minimum of three (3) feet from the previous step. Acceptable materials for retaining walls are:
Retaining
segmental masonry type, timber, or concrete.
l.
Berms. Side slopes of berms shall not exceed a gradient of 1-ft. vertical to 3-ft. horizontal
approved by the City Engineer.
Page 4
of L0
unless
J.
Buffer Yards. Appropriate buffers shall be provided between dissimilar uses as set forth in Section
17.02A5 (d) of the Municipal Code.
K.
Submittal Requirements. A Landscape Plan (to scale) must be submitted which includes details of all
proposed landscaping, buffering and screening, including the estimated cost of the landscaping. These
plans shall be prepared by a landscape professional and show the location and dimensions of all existing
and proposed structures, parking, drives, right-of-ways and any other permanent features, and all other
information required by the Plan Commission, including but not limited to the following:
1
A plant list and coverage chart showing the location, quantity, size (at time of planting and
at
maturity), spacing and the scientific and common names of all landscape materials used.
2
The location and type of existing trees over four (4) inches in diameter (measured six (6) inches
above the ground) within the area to be developed.
3.
4.
The location and percent of slope of all proposed berms using one (1) foot contours.
Detailed sections showing elevations of all proposed architectural features, such as walls, lighting or
water features.
5.
Methods used in staking, mulching, wrapping or any other early tree care used
6
The Plan Commission shall impose time schedules for the completion of buildings, parking areas,
open space utilization, and landscaping. The Plan Commission may require appropriate sureties to
guarantee that improvements will be completed on schedule.
L. The Plan Commission may modify any of the above standards by a % majority vote of those
Commissioners present at a meeting, but only if supplemental design elements or improvements are
incorporated into the project which compensate for the modification of the particular standard.
M.
6.
Landscaping shall be installed in accordance with the signed Development Agreement.
ARCHITECTURAL STANDARDS
A.
No building shall be permitted if the design or exterior appearance is of such unorthodox or abnormal
character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and
community standards.
B. No building shall be permitted
where any exposed facade
is not constructed or faced with a finished material which
is aesthetically compatible with the other facades of
surrounding properties
and presents an
D¡qrfi
of Longth
d Perim6ts
Vis¡bls
frm Stre€t
attractive
appearance to the public. Predominant exterior building
materials must be of high quality. These include, but
are not limited to brick, stone and tinted/textured concrete
masonry units (CMUs). Smooth-faced concrete block,
EIFS products (such as Dryvit) or pre-fabricated steel
panels are not permitted as a primary exterior building
PUBLIC STREET
material.
C.
The facade of a multifamily residential building shall be
provided with an acceptable brick or decorative masonry material that covers at least sixty-five (65)
percent of the surface of the total exterior wall area of the building.
D.
Material and color samples shall be submitted to the Plan Commission for review and approval
Page 5
of 10
E.
The Plan Commission may modify any of the above standards by a % majority vote of those
Commissioners present at a meeting, but only if supplemental design elements or improvements are
incorporated into the project which compensate for the modifications of the particular standard.
F.
The relative proportion of a building to its neighboring buildings or to other existing buildings shall be
maintained or enhanced when new buildings are built or when existing buildings are remodeled or
altered.
G.
Each principal building shall have a clearly defined, highly visible customer entrance with features such
as canopies or porticos, arcades, arches, wing walls, and integral planters.
H. Sides of a
building that are visible from adjoining residential properties andior public streets should
contribute to the pleasing scale features of the building by featuring characteristics similar to the front
façade of the building.
Dumpsters and other trash receptacles shall be fenced and/or screened from view from street rights-ofway and adjacent residential uses.
J.
7.
The Plan Commission shall impose time schedr¡les for the completion of ht¡ildings, parking areas, open
space utilization, and landscaping. The Plan Commission may require appropriate sureties to guarantee
that improvements will be completed on schedule; as well as the approved protection of the identified
wetlands and woodlands on the approved plan.
BUILDING HEIGHT. AREA. AND DENS]TY STANDARDS
A.
No principal building or part of a principal building shall exceed fifty (50) feet in height provided that the
building is limited to a maximum of three (3) habitable stories.
B.
The clubhouse shall not exceed thirty (30) feet in height. No other accessory building onsite shall exceed
seventeen (17) feet in height.
C. The total minimum
floor area of a principal building shall be:
1. Efficiency dwelling unit - 350 square feet per dwelling unit.
2. One-bedroom dwelling unit - 500 square feet per dwelling unit.
3. Two-bedroom dwelling unit - 700 square feet per dwelling unit.
4. Three-bedroom dwelling unit - 1,000 square feet per dwelling unit.
5. Four-bedroom or larger dwelling unit - 1,300 square feet per dwelling
unit.
D.
The sum total of the floor area on all floors of the principal building and all accessory buildings shall not
exceed fifty (50) percent of the lot area.
E.
Maximum unit densities shall be in accordance with the following:
1. Efficiency and one-bedroom units - 18.2 dwelling units per net acre
2. Two-bedroom units - 14.5 dwelling units per net acre.
3. Three-bedroom units - 9.7 dwelling units per net acre.
4.
8.
Four or more bedroom units
-
7.3 dwelling units per net acre.
BUILDING AND PARKING SETBACKS
Front and Street
Setback
Rear
Setback
Side
Setback
30'
25',
10'
Principal Structure*
Page 6
of 10
*
Accessory Structure**
30'
See Section 17.0501
See Section 17.0501
Off-street Parking
25'
15'
15'
Per Section 17.031 1(f)(2), no multifamily resídential structure shall be located ctoser than fifty (50) feet to a single-family district
Iine. Rs-1 exrsfs /o the north, east, and to the centerline of Drexel Ave. (south); Rs-2 extends to the centerline of Drexel Ave'
(south)
**No accesso4¡ structures shall be permitted in the front yard or in required buffer yards.
9.
MAINTENANCE AND OPERATION
A.
The number, s¡ze, location and screening of appropriate solid waste collection units shall be subject to
approval of the Plan Commission as part of the required site plan. Solid waste collection and recycling
shall be the responsibility of the owner.
B. Removal
of snow from otf-street parking areas, walks and access drives shall be the responsibility of the
owners.
10. SIGNS
All signs shall conform to the provisions of Sec. 17.0706 of the Municipal Code. All sígns must be approved
by the Plan Commission as part of the site plan review process.
11. PERMITTED USES
A.
All permítted uses in the Rm-1, Multifamily Residentlal zoning district.
B.
Twenty (20) multifamily residential buildings in excess of four (4) dwelling units per structure, not to exceed
290 total units at a density not to exceed 9.7 dwellíng units per net acre.
C.
Usual and customary accessory uses to the above listed permitted uses.
12. TIME OF COMPLIANCE
The operator of the Planned Unit Development shall commence work in accordance with these conditions and
restrictions as fol lows :
A.
Phase I of the Planned Unit Development shall commence within eighteen (18) months from the date of
adoption of the ordinance authorizing the issuance of this PUD.
B.
Phase ll of the Planned Unit Development shall commence within forty-eight (48) months from the date of
adoption of the ordinance authorizing the issuance of this PUD.
C.
This Planned Unit Development approval shall expire
1
.
2.
D.
Within eighteen (18) months after the date of adoption of the ordinance if a building permit for Phase
has not been issued for this use; OR
I
Within forty-eight (4g) months after the date of adoption of the ordinance if a building permit for Phase
ll has not been issued for this use.
Upon expiration of this permit for Phase I only, the zoning for the property (EXCLUDING FW, Floodway,
and FF, Flood Fringe Districts) will revert back to Rs-1, Single Family Residential and l-1, lnstitutional.
Page 7 of 10
E.
Upon expiration of this permit per Section (C), the applicant shall re-apply for Planned Unit Development
approval prior to recommeRcing work or eonstruction for either Phase of development.
13. OTHER REGULATIONS
Compliance with
all other applicable City, State, DNR and Federal regulations, laws, ordinances, and
orders not heretofore stated or referenced, is mandatory.
14. VIOLATIONS & PENALTIES
Any violations of the terms of this Planned Unit Development shall be subject to enforcement and the issuance
of citations in accordance with Section 1.20 of the City of Oak Creek Code of Ordinances. lf the owner,
applicant or operator of the Planned Unit Development is convicted, of two or more violations of these
conditions and restrictions or any other municipal ordinances within any 12-month period the city shall have
the right to revoke this Planned Unit Development, subject tothe provisions of paragraph 14 herein. Nothing
herein shall preclude the City from commencing an action in fl[ilwaukee County Circuit Court to enforce the
terms of this Planned Unit Development or to seek an inj,unction regard,ing any violation of this Planned Unit
Development or any other city ordinances.
15. REVOCATION
Should an applicant, his heirs, successors or assigns, fail to comply with the conditions and restrictions of the
approval issued by the Common Council" the Planned Unit Development approval nnay be revoked. The
process for revoking an approval shalil generally follow the procedures for approving a Planned Unit
Development as set forth in Section 17.1W7 of the Municipal Code.
16. ACKNOWLEDGEMENT
The approval and exect¡tion of these conditions and restrietions shall confirm acceptance of the terms and
conditions hereof by the owner, and these conditions and restrictions shall run with the property unless
revoked by the City, or terminated by: r,nutual agreernent of the City and the owner, and their subsidiaries,
related entities, successors and assígns.
Date
Owner / Authorized Representrative Signature
(please print name)
Page 8
of 10
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ORDINANCE NO.2809
By:
AN ORDINANCE TO REZONE THE PROPERTIES AT 7721S. PENNSYLVANIA AVE.; AND
2100,2200, AND 2280 E. DREXEL AVE. FROM RS-1, SINGLE FAMILY RESIDENTIAL AND I.1,
INSTITUTIONAL, EXCLUDING FW, FLOODWAY, AND FF, FLOOD FRINGE DISTRICTS, TO
RM-1 (PUD), MULTIFAMILY RESIDENTIAL PLANNED UNIT DEVELOPMENT
(1't Aldermanic District)
WHEREAS, HSI Oak Creek Partners, LLC, on behalf of Mary Voelker, Margaret Munson,
and Life Creek Church, lnc., has applied for a rezoning of the properties at7721 S. Pennsylvania
Ave.; and 2100,2200, and 2280 E. Drexel Ave. from Rs-1, Single Family Residential, and l-1,
lnstitutional, EXCLUDING FW, Floodway, and FF, Flood Fringe Districts, to Rm-1 (PUD),
Multifamily Residential Planned Unit Development.
WHEREAS, the properties are more precisely described as follows:
That part of the Southwest 1/4 of Section 10, Township 5 North, Range 22 Êast, in the City of Oak
Creek, County of Milwaukee, State of Wisconsin bounded and described as follows:
Commencing at the Northeast corner of the said Southwest 1/4 Section running thence South 00
18' 15'Wes[along the East line of said Southwest 1/4 Section, 1325.15 feet; thence South 880
54' 35'West, 200.00 feet to the place of beginning of lands hereinafter described: thence South
00 18' 15' West and parallel to the East line of said Southwest 1/4 Section, 250.00 feet; thence
South 880 54'35" West, 83.70 feet; thence South 00 18' 15'West and parallelto the East line of
said Southwest 1/4 Section 412.36 feet to the South line of the North 112 of the South 1/2 of said
1/4 Section; thence North 880 39' 57" West along the South line of the North 112 of the South 1/2
of said 1/4 Section 1.12feel; thence South 10 14' 37" East, 617.19 feet; to the North line of East
Drexel Street; thence South 88057'40" West, 946.32 feet along said North line; thence North
1oO2' 25" West, 616.67 feet to the South line of the North 112 of the South 1/2 of said 1/4 Section;
thence South 88057' 07" West, 629.97 feet along said South line; thence North 32028' 36" West,
386.31 feet; thence Northeasterly 733.78 feet along the arc of a curve whose center lies to the
Southeast whose radius is 1576.12 feet and whose chord bears North 610 53' 50" East,727 .17
feet; thence North 880 51' 02" East 1228.39 feet to the point of beginning.
EXCEPTING therefrom those lands described in Warranty Deed recorded as Document No.
8736612.
ALSO;
Lots 2, 3, and 4 of Certified Survey map No. 8230, recorded on April 14,2010, in Reel 7343 of
Certified Survey Maps, as Document No. 9863468, being a part of the Southeast % of the
Southwest % of Section 10, Town 5 North, Range 22East, in the City of Oak Creek, County of
Milwaukee, State of Wisconsin.
Said lands located outside of FW, Floodway and FF, Flood Fringe zoning districts.
WHEREAS, the Plan Commission reviewed the application and recommended that the
rezoning be approved; and
WHEREAS, the Common Council held a public hearing on said application on June 7,
2016 at which time all interested parties appeared and were heard; and
WHEREAS, following said public hearing and with the favorable recommendation of the
Plan Commission, the Common Council is of the opinion that the best interests of the City would
be served if the rezoning was approved; and '
Page 1 of4
WHEREAS, the Plan Commission had recommended that the application be approved
subject, however, to the imposition of certain conditions and restrictions upon the construction,
location and operation of this Planned Unit Development and which conditions and restrictions are
incorporated by reference into this ordinance; and
WHEREAS, following said public hearing and upon favorable recommendation of the Plan
Commission, the Common Council is of the opinion that the best interests of the City would be
served if the Planned Unit Development rezoning was approved for the lands hereinabove
described, subject, however, to the imposition of certain conditions and restrictions on the design,
construction, location and operation of the Planned Unit Development.
NOW, THEREFORE, the Common Council of the City of Oak Creek does hereby ordain
as follows:
SECTION 1: To promote the general welfare, public safety and general planning within
the City of Oak Creek, the lands hereinabove described are hereby rezoned from Rs-1, Single
Family Residential, and l-1, lnstitutional, EXCLUDING FW, Floodway, and FF, Flood Fringe
Districts, to Rm-1 (PUD), Multifamily Residential Planned Unit Development and the Zoning Map
of Chapter 17 of the Municipal Code is hereby amended to reflect the rezoning.
SECTION 2:_The Planned Unit Development is subject to the aforementioned conditions
and restrictions on the design, construction and operation of the Rm-1 PUD (Multifamily
Residential Planned Unit Development). The General Development Plan attached thereto as
Exhibit A is hereby approved. Any substantial changes to the General Development Plan shall be
subject to approval by the Common Council and may require additional public hearings.
SECTION 3: All ordinances or parts of ordinances and Zoning District Maps made a part
of Chapter 17 of the Municipal Code of the City of Oak Creek in conflict herewith are hereby
repealed.
SECTION 4: The several sections of this ordinance are declared to be severable. lf any
section shall be declared, by a decision of a court of competent jurisdiction, to be invalid, such
decision shall not affect the validity of other provisions of this ordinance.
SECTION 5: The rezoning shall take place contemporaneously with the enactment of this
ordinance and shall take effect immediately upon its passage and publication.
Passed and adopted this
_
day of
_,
2016
President, Common Council
Approved this
_
day
of
,2016
Mayor
ATTEST:
VOTE: Ayes
City Clerk
Page 2 of 4
Noes
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CONCEPT SITE PLAN
City of Oak Creek
Common Council Report
Meeting Date: June 6' 2016
Item No.
Recommendation: That the Common Council concur with the Personnel Committee's
recommendation regarding the revised Supplemental Merit Compensation Award Administrative
Policy. The Personnel Committee will be reviewing and considering the revised policy at their
May 17th meeting.
Background: The Supplemental Merit Compensation Policy was approved March 3, 2015 to
continue to move the City to a more performance based wage and compensation system.
Under such a system, employees are encouraged to perform in an outstanding manner and to
financially reward those employees that do.
Fiscal lmpact: The 2015 City of Oak Creek budget approved by the Common Council on
November 17,2014 included $63,649 to provide non'base building merit pay for full time nonrepresented employees in 2015. The amount of $4,355.82 was allocated to employees
represented by the Labor Association of Wisconsin for the same purpose.
ln December of 2015 the review team and City Administrator approved and paid out $59,500 in
awards. Therefore, there is $4,149 remaining from 2015 in addition to $24,850 from the sale of
Lol22 in the OakView Business Park this year, totaling $28,999,
Reviewed by:
Fiscal Review by
Bridget M
Finance D
ler
Gerald R. Peterson, ICMA-CM
City Administrator
Submitted by
Becky Schermer
Human Resources Manager
ç)
0^v
r7
City of Oak Creek
Administrative Policy
Title:
Date of lssue:
Supplemental Merit Compensation Award Policy
February 3,2OL5; revised April 20, 2016
Purpose
The Supplemental Merit Compensation program has been established to continue to move the City to
more performance based wage and compensation system. Under such a system, employees are
encouraged to perform in an outstanding manner. Supplemental merit compensation is intended to
financially reward those employees who do. The Merit Award has been developed to recognize
employees who have demonstrated exceptional performance of their assigned duties and/or special
projects with a non-base building compensation award, The availability of merit awards is subject to
a
funding avaílability.
Eligibility
¡
¡
.
.
Full-time, part-time, un6 ieñiiô,ia'ry/seasonal employees are eligible to receive awards.
Employee must have received a Performance Evaluation within the past L2 months (evaluation
may accompany request).
r,Émployee
mayreôeiverone SupÈiemental Vléir:it Có.mpensation Award within the calendar year
Employee must have a recent history of satisfactory performance in allperformance evaluation
r
areas
Employees covered by the Police or Fire collective bargaining agreements are ineligíble to
receive supplemental compensation
Policy
To foster excellence, the City has established a program to reward and recognize individual employees.
This policy is written to establish guidelines and procedures for nomination, review, and approval of
awards,
Nomination
A notification will be sent to department heads requesting nominations for an award bi-annually (May
and November). A nomination must include a written description of the outstanding performance and
copy of the recently completed, current performance appraisal. Typically, nominations will originate
from the direct supervisor and require approval from the Department Head before submittal to the
review committee. Employees may nominate a colleague to the supervisor, Department Head, or a
a
member of the review team,
Examples of demonstrated performance warranting nomination may include, but not be limited to, the
following:
¡
o
.
¡
lnitiatives resulting in significant quantifiable cost savings
lnnovative or creative ways of performing operations that improve customer satisfaction and/or
operational efficiencies
lmplementation of major administrative efficiencies
Demonstrated streaml¡níng and improvement in work processes (i.e,, Lean government
practices)
o
r
¡
o
Procure grant award(s): research, develop justífication, and write grant application (outside of
regular job duties)
Elimination or reduction of waste and improved value-added customer service delivery.
Assuming new duties that are permanelt and of greater scope, impact, and/or complexity than
previous functions. An updated job description should be completed to reflect new duties.
Demonstrated increased and significant competencies which are directly related to the
permanent assignment.
The nomination request will include:
r
r
o
o
Length or frequency of the outstanding performance
Overall significance or importance of the employee's work products to the organization
Regularity with which the outstanding performance or unique contr¡bution is demonstrated
(e,g., an employee who routinely demonstrates exceptional performance and performs special
projects on an ongoing basis, as compared to an employee who completes a one-time special
project).
A prsposed merit compensation dqllar amount
Supervisors and Department Heads are encouraged to discuss nominations and justifications with the
Human Resources Manager to ensure appropriate criteria is included in justification and communicated
clea rly,
Review and Recommendation
A reviewteam made upof the Human Resources Manager, Finance Director/Comptroller, and lT
iüAnaÉei, will review and decide what nominations, if any, justify an award. lf so, the review team will
determine the amount of the award based on accomplishments and budgetary restrictions. The
recommendations of the review team will be forwarded to the City Administrator within two weeks of
the submittal deadline.
Aporoval
The City Administrator will approve or reject nominations within one week of receipt of
recommendations from the review team, ln the event of differing opinions among members of the
review team and/or the City Administrator, a nomination shall be taken before the Personnel
Committee for final determination.
Notification
Payment of merit awards will occur in the next pay period following approval. Employees will be notified
ny r,eee,$ln$.a. ettêr irb* ih'e';'H ùrn å n, nè so u rcei. lM#i g. r.
I
Award Categories
5500.00 - Bravo Awards: Lump sum cash awards generally with a minimum of 5500.00 designed to
provide quick feedback and special monetary recognition to employees who make extra efforts to
perform duties or special assignments in an exemplary manner.
51000 - $ZOOO: Performance Awards: Lump sum cash awards intended to recognize susta¡ned levels of
performance that clearly exceeds normal requirements.
r
o
An award for sustained superior performance on an individual basis
One or more critical elements must be performed for a period of at least six months in
manner clearly exceeding normal requirements.
a
$2000: Special Act or Service Awards: Lump sum cash awards that recognize specific
accomplishments that are in the public interest and that have exceeded normaljob requirements.
$fOOO -
o
Special act or service contributions are of a one-time, nonrecurring nature, connected with
or related to official employment, such as performance which has involved overcoming
unusual difficulties; creative efforts that make important contributions; performance of
assigned duties with special effort or innovation that results in increased productivity,
economy, or other highly desirable benefits; or exemplary or courageous handling of an
emergency situation related to official employment
51000 - $SOOO: Superior Performance Award: Lump sum cash awards that recognize sustained levels
of performance that exceed normal requirements in addition to specific accomplishments that are in the
public interest and that have exceeded normaljob requirements.
o
.
An award for sustained superior performance on an individual basis, and
Special act or service contributions are of a one-time, nonrecurring nature, connected with
or related to officialemployment, such as perforrnance which has involved overcoming
unusual difficulties; creative efforts that make important contributions; performance of
assigned duties with specialeffort or innovation that results in increased productivity,
economy, or other highly desirable benefits; or exemplary or courageous handling of an
emergency situation related to official employment
ln addition: Each City division (Administration, Library, Streets, Parks, and Forestry, Fire, and Police) will
be granted additional opportunity to recognize employees in the form of small denomination (i.e.,
$10.00) gift cards. This form of recognition will be distributed to employees at the discretion of the
Department Head (or designee) in recognition of a job well done. Examples may be: coming to the aid
of a colleague; dealing with a difficult customer; making a tight deadline. The availability of these
smaller awards will be dependent on funding and number of eligible employees in the division,
Members of the Fire and Police Associations are not eligible to receive these awards.
CITY OF OAK CREEK
Supplemental Mer¡t Compensation Award Request
DEPARTMENT #
EMPLOYEE NAME
POSTTTON/TTTLE
CLASSIFICATION
PROPOSED MERIT COMPENSATION
I
fl
I
AWARD:
E
DEPT. NAME
RANGE
EMPLOYMENT DATE
HOURTY
ANNUAT
Bravo Award (5500)
Performance Awards (51.,000 - 52,000)
SpecialAct or Service Awards (S1,000 - $2,000)
Superior Performance Award ($L,000 - 5l,ooo¡
To be considered for Supplemental Merit Compensation, an employee must sustain a high levelof
performance for a sustained period. The expectation is that the high level of performance will be
maintained. Merit criteria/factors to be considered include:
r
¡
¡
Length or frequency of the outstanding performance
Overall significance or importance of the employee's work products to the City
Regularity with which the outstanding performance or unique contribution is demonstrated
(e.g., an employee who routinely demonstrates exceptional performance and performs special
projects on an ongoing basis, as compared to an employee who completes a one-time special
project).
Additional elements to consider include:
Employee performs new duties that are permanent and of greater scope, impact, andlor
complexity than previous functions. An update job description should be completed to reflect
new duties.
Employee demonstrates increased and significant competencies which are directly related to
the permanent assignment.
e
¡
JUSTIFICATION/DESCRIPTIoN (attach separate sheet
Please,,list ä nv,*itneis.¿.i
Ë"ió¡eæ ácts
if necessary)
leänifouow ù p'with, if needed :
DEPARTMENT HEAD
Date:
IT MANAGER
Date
FINANCE
Date:
APPROVED MERIT
COMPENSATION AWARDT
Date:
Date:
CITY ADMINISTRATOR
Date
DIRECTOR/COMPTROLLER
HUMAN RESOURCES MGR
DISTRIBUTION: Original
-
Administration
Copies: Employee, Supervisor, Payroll
Department
Library
Streets
Streets
Health
Engineering
lnspection
lnspection
Adm¡nistrative Support
lnformation Technology
Administrative Support
Recommended
Merit Award
Perform_a nceSevlew
Meets Expectations
Meets Expectations
Meets Expectations
5
1,000.00
s
1,000,00
s
1,000.00
Exceeds Expectations
s
1,500.00
Bravo
Bravo
s/2t/201,s
s
Bravo
s
1,500.00
Performance Award
s/2r/2ors
rth2/201s
Exceeds Expectat¡ons
s
2,000,00
Performance Award
Lt/1.1,/201s
Performance Award
Performance Award
Special Act or Service Award
Service Award
Performance Award
Spec¡al Act or Service Award
Performance Award
Performance Award
Supeiior Performance Award
Performance Award
Performance Award
Performance Award
Superior Performance Award
Performance Award
Performance Award
Service Award
Performance Award
Special Act or Service Award
Fire
$
1,000.00
Engineering
Exceeds Expectations
s
1,500.00
Fire
Meets
Meets
Meets
Meets
Meets
Meets
Meets
Meets
Meets
Meets
Expectat¡ons
s
1,000.00
Expectations
s
2,000,00
Fire
Parks
Adm¡n¡strative Support
ln s pection
Expectations
s
1,s00.00
Expectãtions
s
2,000.00
Expectat¡ons
s
2,500.00
Expectat¡ons
s
1,000,00
Expectations
s
1,000,00
Expectations
$
1,500.00
Expectations
s
3,000,00
Expectations
s
1,500.00
Exceeds Expectat¡ons
s
1,500.00
Meets Expectations
s
s
2,000.00
2,000.00
s
1,000,00
L2/2s/20rs
1,2/2s/20ts
s/rlzots
12/25/2015
70/30/2015
12l2s/20Ls
lt/s/201s
6/4/zots
L2/2s/20t5
Ltl70/20rs
L2/2s/20Ls
12/2s/20Ls
Lo/30/zoLs
L2/2s/20ts
L7/12/21ts
Lrl70/2015
Bravo
s
1.,000,00
Expectations
s
1.,000.00
Expectat¡ons
s
1,000.00
(
500,00
12/2s/20rs
8/r0/201s
Bravo
5/2r/20ls
slro/zors
L2/2s/20Ls
t2/2s/20L5
Performance Award
Performance Award
Performance Award
Performance Award
Performance Award
Exceeds Expectations
s
Meets Expectations
s
1,s00.00
Health
Exceeds Expectations
s
500.00
Bravo
Engineering
Exceeds Expectations
s
500.00
Bravo
Treas urer
Exceeds Expectations
Administration
Administration
Meets Expectat¡ons
Meets Expectations
Meets Expectations
Commendable
Commendable
s
s
1,500.00
2,000.00
$
500,00
s
2,000.00
3,000.00
3,000.00
10/301201s
rclrs/201s
Engineering
Community Development
s
s
Ltlrol201s
Special Act or Service Award
1,000.00
Police
11./9l20rs
1,000,00
Expectat¡ons
Police
tzl2s/z1rs
12/2s/z}rs
e/ts/201s
r0/30/20ts
5
s00.00
Finance
L2/2s/20Ls
Ltltr/201s
s
s
s
Engineering
t2/2s/20rs
17/10/z1ts
t1/1,t/2015
9l2e/201s
Exceeds Expectat¡ons
Fire
t2/25/201s
9/1,4/201s
Bravo
Health
Community Development
lnspection
Streets
t1./72120rs
L0/3olzors
s00,00
Exceeds Expectations
Expectations
12/25/20Ls
12/25/20Ls
12/2s/201s
Bravo
Engineering
Meets
Meets
Meets
Meets
7212s/20Ls
500.00
Fire
Exceeds Expectations
1,2/25/2015
L2/2s/207s
L2/2s/2Ot5
12/2s/2015
L2/25/20rs
L2/2s/201s
L2/2s/20L5
Meets Expectations
Meets Expectations
Meets Expectations
Engineering
Streets
L2/25/20rs
t2/2s/2015
500.00
s00.00
s00.00
1,000.00
Streets
Streets
Administration
Library
12/2s/2015
s
1,500.00
Streets
12/2s/201s
s
s
Streets
12l7s/20ts
Lo/30/zors
L0/30/20rs
Exceeds Expectations
s
Pa¡d Date
11./L7/20|s
Meets Expectations
Meets Expectations
Meets Expectations
Exceeds Expectations
Finance
Date
r0/Ls/20ts
rr/10/2or5
Meets Expectations
Meets Expectations
Streets
Categorv
Performance Award
Special Act or Service Award
Performance Award
Performance Award
L0/30/201,s
12/2s/2}rs
L2/2s/20ts
rtlto/zols
t2/2s/2ots
t2/2s/20ts
6/4/20rs
8lt0/20ts
L2/2s/2ors
r0/Ls/20ts
rL/10/zots
12/2s/20L5
12/25/2OLs
Performance Award
Performance Award
s/27120rs
L2/2s/21ts
LZl74/201s
Bravo
72/2t/201s
12/7s/20rs
L2/75/20rs
Performance Award
Superior Performance Award
Superior Performance Award
1.2h4/2015
L2/2s/20rs
tu8/201s
12/2s/207s
t2/7s/2O1s
t2/8/201s
City of Oak Creek
Common Council Report
Meeting Date: 06/07 12016
ttem
No.: t B
Recommendation: That the Common Council select a polling place location for District 4 in the City of Oak
Creek. Selected location to be presented to Common Council on June 21,2016 for formal adoption,
Background: School safety and elections at schools is a topic of nationwide concern. While the school
shoofngs have not involved Election Day, there have been many discussions about building security during
Election Day voting. ln January 2014, after the shooting at Sandy Hook Elementary School, the Presidential
Commissioñ on Elèction Administration examined the issue of voting in schools and recommended, "Schools
should be used as polling places; to address any related security concerns, Election Day should be an inservice day."
There are three polling sites still located in schools; OCEMS, OCWMS, and Deerfield Elementary.ln 2012,1
had moved the polling location from Meadowview Elementary to Parkway Church. I also moved Carrolton to
Deerfield Elementary. At the time, accessibility issues existed in the current locations.
The Gity has traditionally utilized City owned properties that are supported by tax payers for polling locations.
Under Wis. Stats. 5.25(1) there is a preference for buildings owned by the public to be used as polling
locations and that voting remain a public process. Although the OCJSD is immensely supportive of Elections
and the election process, it may be time to change and address the security concerns. There is a strong
agreement among staff that the safety and security of our children is, and should be a priority.
The City staff has reviewed the current locations and physical conditions of the City's polling sites to measure
factors such as capacity, security, availability and accessibility. Deerfield Elementary School presents space
and security concerns. The Mayor and City Clerk met with Dr. Tim Culver, School Superintendent, who was
extremely helpful and cooperative. Together, we have developed a plan to make a permanent location
change for the Deerfield Elementary location to better accommodate voters.
There are two more elections scheduled for 2016, including the November Presidential Election. We would
like to implement the changes as soon as possible, to enable voters to become aware of the changes prior to
November.
All District 4 voters will be notified by postcard prior to the August 9th election. We will begin a widespread
public notification process as quickly as possible. Allvoters with a permanent change in voting site will be
notified by postcard in July 2016.|n addition a voter registration drive will be held at the Civic Center prior to
the Presidential Election in November to ease congestion at the polling locations on Election Day.
Clear information relating to absentee and early voting will be communicated to all residents.
The polling location that requires changing at this time is:
DISTRICT 4, WARDS
10-11-12
(Currently at Deerfield Elementary School)
Fiscal lmpact: Costs to notify District 4 voters will be approximately $t 100.00 to be taken from General
Government Account, Election Costs. These costs would be for postcards mailed to the affected district
residents.
P
Respectfully submitted by
red by:
Catherine A Roeske
City Clerk
Fiscal review by:
Finance
/ Comptroller
Peterson
City Administrator
Polling Location Analysis
On May 17, 2016 Common Council requested an analysis of locations to be considered as an alternate location for the Deerfield
Elementary polling place. Below are the considerations for each of the locations.
Goncerns
Unknown facility rental fee
Somewhat limited parking. 68
parkinq sÞaces. 3 accessible
Accessible access is somewhat
restricted requiring a dedicated poll
worker to hold door
National
Advantaqes
uard
Election Dates are available
Risk
Rank
Should the threat level rise, or the unit be deployed, polling
location would need to be moved on short notice requiring
iudqe aporoval.
2
Space is adequate
Centrally located in City
Government buildinq
Confusion of two polling locations in
I facilitv
Upper Legion maximum capacity is
low and very small
District 3 needs to move to Leqion
Accessible access would require
voters to qo throuqh bar area
Rentalfee uncertain
Court is held on Tuesdays,
scheduled a year in advance
American Le
Located slightly closer to District
4 than other options
Parking is adequate for ONE
pollinq site, not two
OCPD MunicipalGourt
Municipal building
ln the event of a City emergency, voting may impede EMS
Adequate oarkinq
No rentalfee
Oak
Parkinq is limited
Need to document alternate
continqencv pollinq location for Citv
Municipal buildinq
No rentalfee
Supply loqistics is simpler
c Center
ln the event of a City emergency, votinq may impede EMS
1
City of Oak Creek
Common Council Report
Meeting Date: 06/07
Item No.
120'16
\q
Recommendation: That the Common Council approve City participation in the Regional Transit Leadership
Council as recommended by the Mayor.
Background: The Regional Transit Leadership Council (Leadership Council) represents diverse political and
industry backgrounds, and is committed to working together to advance regional connectivity and transit;
urgent issues that are crucial to the economy, competitiveness, and quality of life in southeastern Wisconsin.
The Council elevates transit discussions and action beyond jurisdictional boundaries, silos, and language
barriers to champion innovative, collaborative and effective solutions that position Metro Milwaukee for
success. The independent Leadership Council is a non-governing, public-private platform formed for
collaboration by MetroGO/.
The Leadership Council is focused on solutions that will help solve these urgent challenges:
o There is intense labor competition that impacts the entire economy. We must be competitive at attract
workers.
. Jobs disconnect: The region's available jobs seekers can't get to the jobs.
. Absence of modern, efficient transportation options limits the region's job and economic growth.
o Traffic on local roads and the cost of providing parking are undermining economic growth in key job
hubs.
. Municipal, state and federal budgets are constrained. Efficiency and economic development are
crucial.
As a participating member the City would receive the following:
o lnvitations to members only meetings, and the unique opportunity for regional networking, and
engaging in discovery, and policy and strategy conversations with top business, civic, and elected
leaders and experts to develop and advance a collective regional vision and action plans.
. Quarterly and annual reports.
. Opportunities to meet privately with staff, and access to staff by phone and email.
. Participating membership is by invitation or request, and is focused on a core team that is committed
to working together over the long-haul.
Fiscal lmpact: The Annual membership fee would be $1,000.00 for the City of Oak Creek as determined by
the Membership Structure prepared by the Transit Council.
Respectfully submitted by:
by:
Catherine A Roeske
City Clerk
Fiscal
Finance Di
Gerald Peterson
City Administrator
by:
tc
ler
Membership 8t Sponsorship Program:
DRAFr: v5b
About the Regional Transit Leadership Council
The Regional Transit Leadership Council (Leadership Council) represents diverse political and industry backgrounds, and is
committed to working together to advance regional connectivity and transit; urgent issues that are crucial to the economy,
competitiveness, and quality of life in southeastern Wisconsin.
The Council elevates transit discussions and action beyond jurisdictional boundaries, silos, and language barriers to champion
innovative, collaborative and effective solutions that position Metro Milwaukee for success. The independent Leadership Council
is a non-governing, public-private platform formed for collaboration by MetroGO/.
The Leadership Council is focused on solutions that will help solve these urgent challenges:
There is intense labor competition that impacts the entire economy. We must be competitive at attract workers.
Jobs disconnect: The region's available jobs seekers can't get to the jobs.
Absence of modern, efficient transportation options limits the region's job and economic growth.
Traffic on local roads and the cost of providing parking are undermining economic growth in key job hubs.
Municipal, state and federal budgets are constrained, Efficiency and economic development are crucial.
.
.
.
¡
.
The Leadership Council To Date
Meeting 1 : At the inaugural meeting of the Leadenship Council on October 30, 2015, the founding principal was established: Each
Member is committed to working together over the long term toward a consensus-driven vision for regional connectivity.
meeting of the Leadership Council on February 12, 2016 "quick wins" were established to drive immediate
action and galvanize Members.
Build Capacity of Regional Transit Leadership Council
Ensure Visibility and Communications Action Plan
Advance Bus Rapid transit
Expand Job Access: Last Mile Project
Meeting 2: At the
2no
1.
2.
3.
4.
5. Forward success of the streetcar
6. Comprehensive problem statement to focus actions on transformational outcomes,
Meeting 3: On June 8, 2016 the Leadership Counciltakes its first actions as a regionally significant and formalized collaborative
body and announcing its formation to the media.
Leadership Council Schedule and Operational Support
.
o
.
.
The Leadership Council meets quarterly.
The Executive Committee of the Leadership Council meets quarterly.
Three quarterly reports and one annual report are issued.
The Leadership Council operating budget is $70k annually, which does not include its initiatives
2
Regional Transit Leadership Council Membership
& Sponsorship
Join top leaders of corporations, non-profits, local governments, educational institutions who are ensuring the Leadership
Council's sustainability, professionalism, and effectiveness by becoming a member and/or sponsor.
The Leadership Council is an active-role Council. All participating members invest is the Council's sustainability.
Non-participating Members financially suppoil the Council and receive Council communications, and recognition.
As an participating member you will receive:
o
o
.
o
lnvitations to members only meetings, and the unique opportunity for regional networking, and engaging in discovery,
and policy and strategy converstations with top business, civic, and elected leaders and experts to develop and advance
a collective regional vision and action plans,
Quarterly and annual rcports.
Opportunities to meet privately with staff, and aocess to etaff by phone and email.
Participating membership is by invitation or request, and is focused on a core team that is committed to working together
over the long-haul.
Membership Structurê
Partnershi
(Annuar)
$10,000+
$5,000+
2 available
Opportunity to attend quarterly
Executive Committee meetinqs
m
m
Name listed on all
Council Communications
m
I
Recognition from the podium, and
name and logo on PPT and
materials at RTLC meetinos
m
I
I
Company name and logo
prominently listed on Annual
Reoort and Membership Roster
m
E
m
$1,000
Recognition in inaugural press
release and offìcial launch
communications throughout 201 6
m
m
1-9,999 Students
$ ,000
and2017
10,000+
$ ,500
employees
2-80
100-500
$700
employees
500-800 employees
$1,000
800+
$3,000
employees
$1,500
1- 29,999 population
30,000-74,999
75,000+
$500
$1,000
$1,500
1'199,000 population
200,000+
$700
Colleges and Universities
o
r
PARTIIER
$15,000+
m
County
r
.
COUNCIL
PARTNER
m
Municipal
o
.
¡
susTAlt{lNG
Angel investor and sponsor of the
Executive Committee
Corporate/Business Group
.
.
.
.
Benefits
FOUt¡Dn¡G
PARTI{ER
Non-Profit Organization
.
.
1-499 members
500+ members
lndividual
$750
$1000
ilaafin¡r
Ervrrt Qnrrncrrrc
lrlrrrr¡9vlù
trrvvLrrrv sf. Erranf
$1 50
PI.ATINUM+ PLATINUM GOLO
Partnership Benefits
For questions or information contact:
Kerry Thomas, Executive Director, MetroGOl
kthomas metrooo.orq, 262-246-61 51
$4000
PPT and event materials
Plaiinum
level at
all events
for 1 year
Founding membership
$1
000
,/
Verbal recognition from podium
Logo and name recognition on
$2000
,/
,/
,/
,/
3
(Continued)
Regional Transit Leadership Council Originating Members
o GRAEF
o MandelGroup, lnc
Regional Transit Leadership Council Operating Partners
o
r
o
The Hudson Business Lounge
The University Club of Milwaukee
Key funding partners: Greater Milwaukee Foundation
About the Regional Transit Leadership Council
The Leadership Council is comprised of top public and private sector leaders from around the region, representing diverse
political and industry backgrounds who all have one thing in common, the willto coordinate and execute a powerful solutions that
address urgent economic growth barriers: Regional Connectivity,
The Regional Transit Leadership Council is a catalyst for collaboration and THE champion for transit policies that are essential to
transformational regional growth and quality of life. With this group's leadership, our region stands to build vital connectivity that is
crucial to the region's competitiveness and economic prosperity.
A group composed of this level of leadership talent is rare. The Regional Transit Leadership Council has the tools necessary to
address the most confounding barrier to success: A commitment across the board and over time to work together when
differences in opinion have historically limited our progress. These diverse regional leaders have the collective will to make
systemic changes.
MetroGO/ has created this platform and acts as facilitator and fiscal sponsor of the independent Regional Transit Leadenhip
Council,
MetroGO! engages people in creating a regional transit network that fuels the economy and workforce grovuth and builds vibrant
connected communities in SE Wisconsin. MetroGO/ is a 501 (c) 3 non-profit organization.
YES,
Count me ¡n on this rare opportunity!
Please email completed form:
Pleese check your preference: (See opfibns on page 2)
KThomas@metroGO.org
Membership Category
Amount
Partnership Category
Amount
Event Sponsorship Category
Amount
0r mail to:
MetroGOl
P0 Box 1 184
Milwaukee Wl, 53201
-1
184
Name
Title
Organization
Address
zip
City
Phone
Email
Check enclosed
lnvoice me at the following email address:
City of Oak Creek
Common Council Report
Meeting Date: 617116
Item No. âC
Recommendation: That the Common Council consider Ordinance No. 2811, an Ordinance
to Repeal and Recreate Section 7.44 of the Municipal Code regarding limitation of dogs on
occupied premises and increasing the total number of dogs allowed from two to three.
Background: This matter is before the Council for consideration based on several citizen
requests to increase the total number of dogs allowed on occupied premises from two to
three. ln reviewing the legislative history of this ordinance, it appears that the two dog limit
has been in place since 1957, and at that time any exceedance of the limit would be
considered a public nuisance. ln 2009 a citizen sought to modify Section 7.44 to allow for
more than two dogs. The Mayor referred the matter to the City Administrator to form a
committee to research the issue. That committee conducted extensive research and found
no compelling reasons to modify the existing ordinance and no evidence that the City was
unduly restrictive with its two dog limit. The committee also indicated that the City appeared
to be lax with no cat limit for occupied premises. The Council discussed the matter and did
not take any action at that time.
According to the MADACC web site, the number of animals allowed per household in
Milwaukee County municipalities is as follows Bayside: Maximum of 3
Brown Deer: Maximum of 2
Cudahy: Maximum of 3
Fox Point: Maximum of 3
Franklin: Maximum of 2
Glendale: Maximum of 3
Greendale: Maximum of 3
Greenfield: Maximum of 2
Hales Corners: Maximum of 3 dogs, 3 cats
Milwaukee: Maximum of 3
Oak Creek: Maximum of 2 dogs, no cat limit
River Hills: No restrictions
Shorewood: Maximum of 2
South Milwaukee: Maximum of 3
St Francis: Maximum of 2 dogs, 2 cats
Wauwatosa: Maximum of 3
West Allis: Maximum of 2 dogs, 4 cats
West Milwaukee: Maximum of 2
Whitefish Bay: Maximum of 2 dogs, 2 cats
Fiscal lmpact: An increase in the dog limit could result in an increase of licensing fees.
red by:
Respectfully subm itted,
,ru
Melissa L. Karls
City Attorney
Fiscal Review by:
et
Finance Director / Com
Gerald R. Peterson, ICMA-CM
City Administrator
ORDINANCE NO. 2811
BY
AN ORDINANCE TO REPEAL AND RECREATE SECTION 7,44 OF THE OAK CREEK
MI.]NICIPAL CODE REGARDING LIMITATION OF TOTAL OF THREE DOGS
The Common Council of the City of Oak Creek does hereby ordain as follows:
SECTION 1: Section 7.44 of the Municipal Code is repealed and recreated to read as follows:
SEC. T.44LTMITATION OF TOTAL OF THREE DOGS.
No owner, person or family residing within the City shall keep more than three (3) dogs on premises
occupied Uy trim or them with the exception of a litter of pups which may be kept for not more than five
(5) months from birth.
SECTION 2:
All ordinances or parts of ordinances
contravening the provisions of this ordinance are
hereby repealed.
SECTION 3: This ordinance shall take effect and be in force from and after its passage and publication.
day of June,2016.
Introduced this
- this
day
Passed and adopted
Approved this
this
day
of
20t6
of
2016
President, Common Council
ATTEST:
Mayor
VOTE:
City Clerk
Aves
Noes
City of Oak Creek
Common Council Report
Meeting Date: June 7, 2016
Item No.
ta
Recommendation: That the Common Council approves payment of the obligations as listed on
the June 1,2016lnvoice GL Distribution Report.
Background: Of note are the following payments
1. $8,760.00 to Arlington Computer Products (pS #2) for additional ThinkPad's.
2. $11,790.03 to Central Lake Armor Express, lnc. (pg #3) for body armor replacement.
3. $13,300.00 to Creative Pultrusions, lnc. (pg #3) for Abendschein Path Bridge, Project
1
4.
501 5.
$9,600.00 to Dept of AG, Trade and Consumer Protection (pg #3) for annual weights
and measures inspection services covering July 1 ,2Q15 through June 30, 2016.
5. $5,850.00 to DJK Environmental, LLC (pg #4) for asbestos abatement on Ryan Road.
6. $18,750.00 to Flux Design (pg #1) for final draw on Library's train in children's area.
7. $7,735.00 to Healics lnc. (pg #6) for 2016 Biometrics deposit.
8. $6,654.00 to lnterior lnvestments (pg #7) for City Hall furnishings.
9. $9,646.63 to Kansas City Life lnsurance Co (pgs #7-8) for June disability insurance.
10. $6,149.00 to Library Furniture lnt'l (pgs #8-9) for Library furnishings.
11. $22,857.2Q to Milwaukee County Treasurer (pg #8) for January through April 2016 court
fines.
12. $6,000.00 to Milwaukee 7 (pgs #8-9) for annual dues.
13. $6,286.99 to Oak Creek Water & Sewer (pg #1 1) for quarterly water and sewer bills.
14. $19,851.00 to Pierce Manufacturing, lnc (pg#12) for repairs to a Fire Engine's platform
ladder.
15. $7,364.00 to Prairie Contractors, lnc (pg #1 2) for asphalt repairs in Chick-Fil-A parking
lot.
16. $32,062.40 to Ramboll Environ (pgs #12-13) for North Bluff professional services.
17. fi15,050.00 to Tyler Technologies, lnc. (pg #16) for assessing services.
18. $50,636.03 to WE Energies (pgs #16-17) lor street lighting, electricity and natural gas.
19. $1 1,932.97 to Wheaton Franciscan Medical Group (pg #18) for nurse practitioner
service and supplies.
20. $55,162.20 to Wl Court Fines & Surcharges (pg #18) for January through April 2016
court fines.
21. $5,804.87 to Wispark LLC (pg #18) for Tax refunds.
22. $16,101 .81 to World Fuel Services, lnc. (pg #18) for fuel inventory.
Fiscal lmpact: Total claims paid of $436,422.43
Prepared by/Fiscal Revi
get M
Finance Di
by:
ptroller
Respectfully submitted
Gerald R. Peterson, ICMA-CM
City Administrator
City of Oak Creek
Common Council Report
Meeting Date: June 7, 2016
Item
No.:
?b
Recommendation: That the Council adopts Ordinance No. 2810, an amendment to the
Comprehensive Plan for the City of Oak Creek affecting the properties at 6304 & 6340 S.
Howell Ave. and 137, 147, & 209 E. College Ave.
Background: Kelly Gallacher, Self Storage Ventures, LLC, is requesting that the Planned Land
Use category and map in the Comprehensive Plan for the properties at 6304 & 6340 S. Howell
Ave. and 137, 147, & 209 E. College Ave. be changed from Planned Business to Planned
lndustrial in anticipation of purchase for a self-storage facility. Although it is important to note
that this request is for a change to the Comprehensive Plan, it is appropriate for the Council to
have an understanding of the type of development that is being proposed for the site, should the
change to the Comprehensive Plan occur.
The applicant is proposing to develop a self-storage facility at this location. Traditionally, selfstorage facilities (like several in Oak Creek) have been low-slung metal buildings with exterior
garage doors that are often painted in different colors. This development would be a
combination of self-storage which would be accessed through the interior of the buildings
without individual garage doors, much like you might see in any one of the City's business
parks. Those buildings would be constructed to meet the City's architectural standards. A
portion of the development would also have the more traditional self-storage units that retain
exterior access, although they would also be subject to architectural standards and would be
concealed within the interior of the development. More details can be provided by the applicant.
The Comprehensive Plan currently identifies the subject properties for Planned Business
development, the designation fol which "includes high-quality indoor retail, commercial service,
and some office land uses, with generous landscaping and limited signage." Several
communities consider self-storage facilities to fall under the definition of commercial service. ln
fact, one of the options that was discussed was to amend the City's zoning code to allow selfstorage facilities as a conditional use permit in commercial (presumably B-4, Highway Business)
zoning districts rather than or in addition to their current status as conditional uses in the M-1,
Manufacturing zoning district. Staff research has indicated that similar facilities are treated as
special or conditional uses in commercial zoning districts in neighboring communities like
Franklin, Muskego and New Berlin.
to the Comprehensive Plan, Planned lndustrial includes "high-quality indoor
manufacturing, assembly and storage uses with generous landscaping, high quality building
design, and limited signage." This definition is very similar to that of Planned Business (the
current designation of the properties).
According
Existing development in the immediate surrounding area is a mix of single-family residences,
small-scale businesses, and MATC to the west; commercial businesses and residential uses to
the north (Milwaukee); open land and the Cudahy Nature Preserve to the east; and St. Joseph's
Cemetery and commercial businesses in a small business park to the south. Zoning districts in
thearea include Rs-3, Single FamilyResidential; M-1 Manufacturing; l-l,lnstitutional; P-1, Park;
B-2, Community Business; and B-4, Highway Business (see attached zoning map). The subject
properties are currently zoned B-4, Highway Business. lt should be noted that a change in the
Planned Land Use category and map does not preclude specific proposals from obtaining
rezoning, conditional use, or other local approvals.
Generally, staff supports the concept of a mix of uses in the area. However, staff is
apprehensive about the ultimate development of this corner, whether it be business (as
currently designated) or planned industrial (as proposed). As identified in the Comprehensive
Plan, the corner of Howell Ave. and College Ave. is a major entryway to a major corridor.
Whatever the end use on the property, extensive attention must be paid to the treatment of the
site, the architecture, and landscaping to ensure that the "sense of entry" is maintained and
enhanced.
Residential properties (even though they are zoned M-1, Manufacturing and are identified as
Planned Business by the Comprehensive Plan) exist across Howell Avenue (west) from the
subject parcels. While staff recognizes the presence of M-1 zoned parcels in the immediate
area, those parcels have not been developed with manufacturing uses. Both business and
manufacturing or industrial uses have the potential to have outdoor lighting, noise, traffic, and
other conflicts with residential uses. These conflicts would be addressed during subsequent
reviews and can be mitigated, but the concerns remain.
Environmental concerns arise with the presence of a large DNR-identified wetland that
significantly constrains the middle of the proposed parcels. Wetland information available
indicates that this is an emergenVwet meadow and will need to be delineated. But aside from
the basic requirements to identify the boundaries and comply with all DNR regulations for
protections and/or buffers, the location and size of the wetland create a challenge for the
development of the site, whether business or manufacturing. Staff also has concern for
potential environmental contamination or destruction with future business or industrial uses.
Like the potential conflicts with residences, however, the environmental concerns can be
mitigated during subsequent reviews.
Finally, the question of whether the site is appropriate for industrial use rather than some other
use has been something staff has considered extensively with this application. Recognizing
that this is not an application for rezoning or for a specific use, it must be understood that
changing the Comprehensive Plan to allow for future industrial uses means that any permitted
manufacturing use could be located on this corner. Does it make sense to have, for example,
food manufacturing or construction machinery manufacturing and repair on these properties?
Would there be the same reaction to a proposal for the manufacture of greeting cards as to the
manufacture of industrial gases? These are all currently permitted uses in the M-1,
size, access,
Manufacturing district. Granted, the physical constraints of the property
environmental - would naturally limit the type of industrial use that could logically locate on the
property. But small-scale manufacturing is still a possibility, as would be a conditional use for
outdoor storage or a parking lot or an indoor recreation facility.
-
lf the Council concludes that industrial uses are not appropriate for the site, what is appropriate?
As mentioned above, the Comprehensive Plan states that the properties are appropriate for
small-scale businesses. The existing B-4 zoning would allow that to occur. Yet the properties
have sat vacant for years with no interest in development consistent with the B-4 zoning district,
other than the occasional gas station or car wash. The Council is being asked to make the
determination as to whether the land should remain identified in the Comprehensive Plan for
business use, and possibly remain vacant, or be identified in the Comprehensive Plan for
planned industrial use, with the understanding that there are several concerns to address in
future development plans.
The State of Wisconsin Smart Growth Law requires that all local land use decisions after
January 1, 2010 must be consistent with the objectives, goals, and policies contained within the
Comprehensive Plan. Approval of these changes to the Comprehensive Plan would potentially
allow man ufacturi ng/i nd ustrial development of vacant property.
ln summary, staff acknowledges the unique site characteristics of this property that have thus
far limited its development options. At the same time, we concur with the identification of this
corner as a gateway to the City and have concerns that a manufacturing zoning that may follow
a planned industrial land use designation would not be consistent with the City's vision. Oak
Creek is somewhat unique in that self-storage facilities are only allowed as conditional uses in
manufacturing zoning districts. lt has been demonstrated that, given the proper development
standards, today's self-storage facilities can be successfully integrated into commercial zoning
districts. Perhaps it is worthwhile to consider an amendment to the City's zoning code to
reclassify self-storage facilities as conditional uses in the B-4 Highway Business zoning district.
This would retain the Plan Commission's, and ultimately the Common Council's, ability to
consider and properly regulate this type of use without exposing this gateway to the City to
unintended and potentially undesirable manufacturing uses allowed in a planned industrial
district.
The Plan Commission reviewed this proposal on May 24,2016 and adopted Resolution 201601, approving the amendment.
Fiscal lmpact: There is no direct fiscal impact associated with these Comprehensive Plan
changes. Future rezoning and development of the undeveloped parcels will ultimately have a
positive fiscal impact.
Prepared by:
Respectfully Submitted,
Seymour, AICP
Director of Community Development
Gerald Peterson, ICMA-CM
City Administrator
Fiscal Review by
Bridget
So
Finance Director / Comptroller
COMPREHENSIVE PLAN AMENDMENT
PLANNED LAND USE CHANGE
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Notes
IT
MINUTES OF THE
OAK CREEK PLAN COMMISSION MEET¡NG
TUESDAY, MAY 24,2016
Alderman Bukiewicz called the meeting to order at 6:00 p.m. The following Commissioners were present
at roll call: Commissioner Dickmann,
Commissioner Johnston, Commissioner Carrillo, Alderman
Bukiewicz, Alderman Guzikowski, Commissioner Correll, Commissioner Siepert, and Commissioner
Chandler. Mayor Scaffidi was excused. Also present Pete Wagner, Zoning Administrator; and Mike
Kressuk, Assistant Fire Chief.
Commissioner Dickmann moved to approve the May 10,2016 meeting minutes. Commissioner Siepert
seconded. On roll call:allvoted aye. Motion carried.
Common CouncilActions
Com
on the following Common Council actions
Howell Avenue, asked Alderm
for this TIF District. Al
of the
if he had
session. Ms. Lampe
information before the
stated
before the meeting. She
to
session, that information is
she has made an official open
Alderman Bukiewicz
Ann Lampe,
development
jurisdiction. Ms.
who
wanted it said
agreement and the
have any knowledge if
be available.
responded
entities from
The makeup of
Milwaukee County,
dissolved once the
committee, which will
er the
ng
if
saw a wfl
of the
in closed
ncil packet of
with the Comm
copy of it
he did have a
an item is voted on in closed
to the
session. Ms. Lampe stated that
after
been told it is not available.
ent
it is the City Clerk's
She stated that she just
Mayor hasn't signed that TIF
stated that he did not
e
Lampe stated that the draft document should
that
board was. Alderman Bukiewicz
of the joi
(Tax
Financing District), it is made up of
lF
the tax increment finance district.
that will receive benefits
Creek-Franklin School District,
resentatives from MATC,
The joint review boards are
nted by the Mayor and a
to go with a standing
ln this case, the Mayor
financing.
TIF's, and this board will keep an eye on
Ann Lampe, 8436 S. Howell Avenue, stated that according to TIF law, it does not
appointment. It is supposed to be the Mayor, the City Administrator, the City
charge of economic development, finance director or someone with very good
an aldermanic
, the person in
of
local
Bukiewicz
government finances. The aldermanic appointee was not actually stated.
it was
responded that it may not be specified, but for TIF 11, he was appointed to that
was
dissolved once the TIF was up and running. The Mayor's judgment to appoi nt Alderman
because he felt he was more than capable of handling this with his financial background. Ms.
stated that the City Treasurer used to be the person on the standing review board and in her opinion
is who it should be.
Page 1 of
I
Public Hearing
Comprehensive Plan Amendment - Kelly Gallacher, Self-Storage Ventures, LLG
Update the Planned Land Use category and Map 2 in the Gomprehensive Plan from "Planned
Business" to "Planned lndustrial"
6304 & 6340 S. Howell Ave. and 137,147, & 209 E. College Ave.
Tax Key Nos.719-9991-001, 719-9990, 719-9992, 719-9993, 719-9994
Mr. Wagner read the notice of public hearing.
Alderman Bukiewicz called for public comment.
Arden Degner, 8540 S. Pennsylvania Avenue, stated his concern over this proposal. The City has always
maintained that the entrance to Oak Creek should be upscale. As far qs he is concerned, all the CBRF's
that are being put in on Pennsylvania Avenue and on Rawson would be preferable.
Ms. Lampe concurred with Mr. Degner. She stated that the idea that any time someone wants to put
something where it is previously not appropriate, they ask for a change to the Comprehensive Plan and
the City changes it and the zoning. She stated her concern that this is not how this is supposed to be
done. The Comprehensive Plan is a comprehensive process and dhould remain in place until it is
reviewed in its entirety. She does not believe this use is appropriate at this location. There is a TIF
district on Oakwood and Howell that is not even making payments on principle because there is not
enough development there. Ms. Lampe stated that things that are acceptable in manufacturing be guided
into our existing manufacturing areas first before the City changes an area to make it manufacturing for a
specific use. Once the zoning is changed to manufacturing, it opens the way for any type of
manufacturing use in this area.
none, the public hearing
for public
Alderman Bukiewicz made a second and
was closed.
LLC
Plan from "Planned
Kelly
Comprehensive Plan
Update the Planned
Business" to
Use
6304 & 6340 S. Howell
and
n
al
I
Tax Key Nos.719-9991
,&209E
7
Ave.
719-9994
Commissioner Chandler asked for clarification on the text amendment option. Mr. Wagner responded
that in Chapter 17 of the Zoning Code, there is a list (by zoning district) of what is a permitted and
conditional use. Presently in the Zoning Code, the City only allows self-storage facilities in the M-1
Manufacturing District as a conditional use. One possible way to pursue getting this type of business at
this location would be to amend the zoning code for the B-4 District. There is no permitted or conditional
use in the B-4 District for self-storage facilities. The text amendment would come before the Plan
Commission and Common Council (public hearing) to discuss whether or not that type of use in the 84
District would be beneficial to the City.
Commissioner Chandler asked why a change to the Comprehensive Plan is being requested and not a
rezoning request. Mr. Wagner responded that if they went for the process of rezoning first, the City would
be in conflict with the Comprehensive Plan and would be susceptible to a lawsuit and any decisions that
Page 2 of 8
the Plan Commission makes would go to court. To prevent that, the City must go about
the
Comprehensive Plan change process first.
Commissioner Dickmann referenced the amount of time spent on proposals for this parcel over the years
such as the hotel and parking lot proposals. Care was taken in the selection process because it is an
entrance to the City of Oak Creek. Those other proposals did not work out. He agrees that this is a
different looking storage unit facility, but he does not think that it fits in this area. He expressed his
concern that if the zoning is changed to industrial and this proposal falls through, something may be
proposed to go in of an industrial nature that the City has no control over. Commissioner Dickmann
stated that the Commission should hold off and not go for this because there are so many other areas
already zoned lndustrial in the City where it could go.
Commissioner Siepert stated he concurred with Commissioner
been before the Commission three times over the last twenty
proposal is approved. Commissioner Siepert stated he
because it is one of the entrances to the City. He stated he
Commissioner Correll stated there are reasons why
challenges of that site. The only way he would
because the concern of it going to lndustrial.
and the City has to be creative about what
years. He stated he would not be in favor of
seems to be consistent with neighboring
time nothing happens after the
a nice development on that corner
of changing the zoning.
have fallen through with the
text amendment change
this is
property is challenging
vacant for another 20
84 district, which
Correll
so the property
tol
be
more
in favor
Alderman Guzikowski stated he is not
to be an upscale development
what has happened in the past
area for any lndustrial use.
Commissioner Johnston stated that
as the gateway to the City. Zoning that
The
where proposals have
There are a lot of
e comt
because there will
this
there is not a lot of
of
wetlands that the City
areal
is a good fit for the property
huge traffic safety concern, and
environmental concerns such as
amendment if it goes to a conditional use. lf
use and any property that has Business
Com
that
zom
n. This piece of property has
could be
Todd
attendance
on Mr. Gal
ity
st.
ebert,
330 E. Kilbourn Ave., Milwaukee, Wisconsin, was
in
Venture, LLC, and gave background information
Kelly
LLC.
property, which they had delineated, is 44,688 SF, which is more
23,000 SF, so it has almost doubled i¡ $+ lears. Anyone who
detention. The large wetland/detention pond makes this
site undesirable for most
uses. The wetland is either where you put a building or you would
have a parking lot. Therefore, it really doesn't work for any type of retail or traffic intensive use. lt does,
however, work for a self-storage facility, which is very low traffic (8 to 12 customers per day) and a limited
need for parking.
Mr. Farris stated
than an acre in size.
develops this site has to
Mr. Farris stated that Mr. Gallacher usually holds onto the storage facilities he builds for 20 to 30 years.
This would be a secure modern facility with a security access gate, keypad entries into the various
spaces, and camera-controlled security. lt fits well in this area with the traffic concerns because the
driveways are both on College Avenue. lt also fits in well with the other uses at that intersection. lt is a
challenging site, but he feels they can bring a $5 million project to the City
that serves a need, has low traffic generation and low noise.
-
an attractive storage facility
Mr. Farris stated that they would not be opposed to a text amendment, although that process may take a
Page 3 of 8
little bit longer. Mr. Farris assured the Commission that if they recommend the Comprehensive Plan
change to lndustrial zoning, his client is going to develop what he is proposing. He is a cash buyer and a
cash developer and this will go through.
Kelly Gallacher, 6740 Rancho Los Pavos Lane, Granite Bay, CA, stated that this site is very challenged
because of the wetland/detention pond issues. He has spent $15,000 for a wetland delineation because
every five years, the WisDNR requires an update as to the status of any wetland, and it had not been
done in 12 years. He had to spend the time and effort to get it to the point where he could present it to
the City because no one was going to accept it if he didn't have the appropriate calculations done by a
nationally-recognized firm. All of that work has been done.
Mr. Gallacher further stated that people still use self-storage. The average length of stay is 8 to 13
percent of the renters are
months. Thirty percent of his sites are rented by businesses.
a loved one, job loss/relocation.
the general public. They use it for storage following a divorce,
units that are available per square
(Oak Creek) is underserved. He
Success for self-storage is determined by saturation and the
feet for the number of people that live in a defined area.
stated he is going to be here for 20 to 30 years or more
of Howell
Mr. Gallacher stated that W|SDOT will not allow
utilize the access points that are available
accommodate the obstructions that exist on this
the desired landscaping. He wants it to look nice
Mr. Gallacher stated he is a cash b
Mr. Gallacher further mentioned
that
of
they
inished. lt
some
location
traffic
aluated for
to be
s, retention pond and
financing. As
facility.
trying to mitigate any additional
it is
is that a
fine. They can
evaluation, they can
developers
and will develop
the
1
growth of the wetlands. lt will continue to
facility
of Oak Creek and 3) not
and a standard by
arrange for the
around it that says,
becomes an incom
Alderman
types
As
the environmental,
loper
buying th
soon as the City approvals are obtai
and that is
Avenue.
make this work for the citizens
service to the community
around the wetlands issues,
sign with some landscaping
that has remained vacant for years
ion. Asst. Chief Kressuk stated that these
departments. When there is an event at one
lower in occupancy, so the life hazard risk is
damage. This is a relatively large site on a corner with
traffiogenerating property. Whatever would go into that
and the traffic that would be developed by it.
stated
developer had some very good points, but wanted to know why
Commissioner
Mr. Gallacher responded that it is very difficult to fÏnd a location
this site was
lity where there is some traffic count that helps gain success. The
because he needs
include: visibility, traffic, income in the area, rental rates for
metrics he uses in
of people. He looked at five other sites in Oak Creek that might
competitors, demographics
fall into that category, but some of them were going to be going to retail and they are not going to want a
self-storage facility in that location. He had to weed out the areas where he knew it would not work. lt
was an exhaustive process that took almost six months.
Commissioner Correll stated he thinks there is a need for this. He likes the College Avenue access and
the low trafüc impact, and feels the Commission should consider how to make this proposal work.
Commissioner Siepert stated he likes the idea and its fine. He is still not quite sold on that corner. lt is
nice to have new business come in and he is looking forward to developing this City.
Alderman Bukiewicz stated that he does not think the zoning text amendment is the way to go because if
you open it up for a B-4 district, you could put one in any business district in the city including Drexel
Page 4 of
I
Town Square. Alderman Bukiewicz stated there is a need for storage space. Regarding the traffic, this
use would not be impactful to the area. This would not require any traffìc analysis on Howell and College.
As far as it being a gateway to the City, it is better than some of the other entrances to the City such as
Pennsylvanialcõttegé, 27thlCollege, 2y'6lRawson,27thlRyan,32lRyan and 13th/Ryan. They are not very
inviting. He suggested the one thing he would do is dress up the corner. He would get a permanent brick
wall inviting people to Oak Creek if that is the first building seen. That airport area is industrial; there is
nothing really glamorous about it.
Alderman Bukiewicz further stated that as far as the lot, they are seriously challenged. He feels this is a
good use, it is low impact and the City really needs to find a way to make this work for the citizens. lf this
property sat vacant 20 years and the Comprehensive Plan is gone over every number of years, the City
missed it because this site is not moving. There is an opportunity in front of the City to make a decision
is okay with doing this. lf it does
that will impact the citizens and the City. Alderman Bukiewicz
it can be turned into impervious
turn into an industrial plant, there are no neighbors within
one of the few businesses that
surface parking. That is not a very appealing option. This
should be landscaped very well. lt
could make it there. Alderman Bukiewicz stated that this
see it work, but does not want
is probably the least impactful for the City going forward.
building as proposed is about
to go the route of a text amendment. Alderman
the build
Court, which are very
as attractive as we are going to get. lt is very si
who would object to
ng, he
attractive buildings. lf that is the type of
that at the entrance to the City.
Alderman Bukiewicz stated he would be okay with
Plan, but
agree with changing the Com
in the area
changing demographics and what is
for this
been 20 years. Obviously the plan that
elopment.
necessarily
to look at the
comes, the
sense for the long term. lt has
is not going anywhere.
Plan and asked how this
two routes to go. The first
that location. The applicant
and then go for a conditional use
is amending the zoning code to
could
milar to some of the surrounding municipalities.
facilities in any 84 district throughout the
the
Commissioner Dickmann does not want to
it. Mr
could be approved
Plan to
one is to amend the
for
would go for a
permit for a self
option
onal
allow it to go into the
up
Going that
that
City
Plan is changed, it is limited to this single
it is open to the entire City. He feels that is too big a can
that based on the performance of the applicant, leading
Commi
Corre
of worms
he
stands and
into this
, the limited size of that corner of what industrial could
than he originally felt than the zoning text amendment
is probably
come in
he
be more in favor of changing the Comprehensive Plan now and
Commissioner
force that landscaping signage buffer. By far, what is being
allowing this, but
proposed is much
else on the other three corners. Alderman Bukiewicz stated that
is taken up. He would like to see a stone wall similar to what is
the City has to make sure
the Com
ts a zont
am
in Germantown.
Commissioner Correll motioned that the Plan Commission adopts resolution 2016-01, amending the
Comprehensive Plan and Planned Land Use map for the properties at 6304 & 6340 S. Howell Ave. and
'137, 147, & 209 E. College Ave. to reflect the change in land use from Planned Business to Planned
lndustrial, following
a public hearing and
call:
adoption by the Common Council. Alderman Bukiewicz
Commissioner Dickmann, Commissioner Johnston, Commissioner Carillo,
Alderman Bukiewicz, Alderman Guzikowski and Commissioner Correll voted aye. Commissioner Siepert
and Commissioner Chandler voted no. Motion canied.
seconded. On roll
Temporary Use
Outdoor Trailer Display (Farm & Fleet)
501 W. Rawson Ave.
Page 5 of
I
Commissioner Chandler asked the applicant why the EMC board was not moved up on the pole. Dirk
Stallman, 9300 N. Fairway Drive, Bayside, Wl responded that they can try to get it a little bit closer, but
because the poles "step in', they need to anchor it a little bit further down on the thicker pole to make the
sign more stable.
Commissioner Dickmann stated that the added part of the sign works and seems to blend in. lf it was
outside of the poles, it wouldn't look that good. Mr. Stallman stated they worked really hard to make the
sign aesthetically pleasing.
Alderman Guzikowski stated that the City needs to take another look at how signs are measured. This
sign, however, is very aesthetically pleasing. He likes the way it looks and it looks better than what is
of it.
installed a little bit north of there on the interstate. He stated he is
is no perfect method to it. He feels
where it's going to be located and
Alderman Bukiewicz stated that no matter how this is
that the Plan Commission has to take each one based
what it looks like.
Commissioner Correll motioned that the Plan
Steinhafel on behalf of Steinhafels for the
approv es
9191 S.
plan submitted by Gary
Commissioner Siepert
1 3th
seconded. On roll call: allvoted aye. Motion
Commissioner Carrillo moved to adjourn. Com
at 7:54 p.m.
Motion carried. The meeting was
l: all voted aye.
On
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CONCEPT SITE PLAN
HOWELL/COLLEGE AVENUE PROJECT
GREENBAR CONSTRUCTION - GALLACHER DEVELOPMENI
CITY OF OAK CREEK, MILWAUKÊE COUNTY, WISCONSIN
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ORDINANCE NO.281O
BY:
AN ORDINANCE ADOPTING AN AMENDMENT TO THE COMPREHENSIVE
PLAN FOR THE CITY OF OAK CREEK, WISCONSIN
6304 & 6340 S. Howell Avenue and 137, 147, & 209 E. College Avenue
(1
sr Aldermanic District)
The Common Council of the City of Oak Creek does hereby ordain as follows:
SECTION 1: Pursuant to Section 62.23 of the Wisconsin Statutes, the City of Oak Creek is
authorized to prepare and adopt a comprehensive plan and an amendment to a comprehensive
plan as defined in Sections 66.1001(1Xa) and 66.1001(2) of the Wisconsin Statutes.
SECTION 2: The Common Council, by the enactment of Ordinance No. 2090, formally adopted
the document titled "A Comprehensive Plan for the City of Oak Creek" on April 1,2002.
SECTION 3: The City of Oak Creek published a Class 1 public notice on April 14,2016 and
held a public hearing before the Plan Commission on May 24,2016.
SECTION 4: The Plan Commission, by a majority vote of the entire Commission at a meeting
held on May 24,2016 adopted Resolution No. 2016-01, amending the adopted Comprehensive
Plan for the City of Oak Creek from "Planned Business" to "Planned lndustrial" for the properties
at 6304 & 6340 S. Howell Avenue and 137, 147, & 209 E. College Avenue, and recommending
that the Common Council adopt the amendment to the Comprehensive Plan by ordinance.
5: The Common Council hereby adopts the proposed amendment to the
Comprehensive Plan for the City of Oak Creek from "Planned Business" to "Planned lndustrial"
for the properties at 6304 & 6340 S. Howell Avenue and 137, 147, & 209 E, College Avenue as
further identified in Exhibit A.
SECTION
SECTION 6: Except as herein modified, the Comprehensive Plan dated April 1, 2002 shall
remain in fullforce and effect.
SECTION 7: The City Clerk is directed to send a copy of this ordinance and the Comprehensive
Plan amendment to the parties listed in Section 66.1001(4Xb) of the Wisconsin Statutes.
SECTION 8: This ordinance shall take effect and be in force from and after its passage and
publication.
_,2016.
day of _,2016
Passed and adopted this
lntroduced this
_
day of
EXHIBIT A
PROPERTIES AFFECTED BY PROPOSED COMPREHENSIVE PLAN AMENDMENT
COMPREH ENS¡VE PLAN AMENDMENT
PLANNED LAND USE CHANGE
Cityr
of llilwaukee
Parcels Propoced
to Change
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City of Oak Creek
Common Council Report
Meeting Date: June 7,2016
Item
No.: a q
Recommendation: That the Common Council considers adoption of Resolution No. 11696-060716
a resolution authorizing a collaborative effort with the Oak Creek Water & Sewer Utility on the
restoration of a segment of 15th Avenue under the Utility's 15th Avenue Water Main Eitension
project. (3'd and 4th Aldermanic Districts)
Background: The Oak Creek Water & Sewer Utility (OCWS) will be constructing a new water main
extension within 1Stn Avenue this summer. The project limits span from Woodview Drive to 1,100
lineal feet to the north.
lf OCWS were to restore just the asphalt pavement that it needed to install the water main and its
service laterals, the road would be left in marginal condition as it would have many patched-in areas
and remain relatively deep into its useful life. The road currently has a 5 PASER condition rating.
Similar to what was authorized and completed on the Puetz frontage road in 2014, the
recommendation from Engineering is for the City to contribute toward the full-width repaving of the
affected road segment so that once the project is complete, the road will be new with its full useful
life restored. The alternative is a road that has a significant amount of patching and residual cracked
pavement that would likely remain at its 5 condition rating.
The recommendation from Engineering is for the Common Council to authorize the expenditure of
up to $35,000 to work in coordination with OCWS to complete the pavement restoration full-width.
The amount of $648,938 was appropriated in the 2016 budget for PASER road rehabilitation. The
plan has been that there will not be a full road repaving program this year, but that the 2016 funding
is planned to be supplemented with a budgeted figure in 2017 for a larger repaving project to be
constructed in 2017.
Fiscal lmpact: lf approved, the 2016 paving amount of $648,938 would be reduced by up to the
requested $35,000 amount.
Approved by:
N{"Å.,[
Respectfully submitted
C
\*---""
MichaelC. Simmons, P.E
City Engineer
Gerald Peterson, ICMA-CM
City Administrator
wiffi
Fiscal review by:
Utility Engineer
Bridget
Finance
uffra
CMTW
mptroller
RESOLUTTON NO. I 1696-060716
BY:
RESOLUTION OF AUTHORIZAT¡ON FOR A COLLABORATIVE EFFORT
WITH THE OAK CREEK WATER & SEWER UTILITY ON THE RESTORATION
OF A SEGMENT OF ISTH AVENUE UNDER THE UTILITY'S
I5TH AVENUE WATER MAIN EXTENSION PROJECT
(3*o & 4rH ALDERMANTC
DtsrRtcrs)
WHEREAS, the Oak Creek Water & Sewer Utility (OCWS) plans to install a water main
extension in 15th Avenue this year, and;
WHEREAS, 15tn Avenue currently carries a PASER condition rating of 5 and would
as pavement restoration following the water main
construction, and;
require extensive asphalt patching
WHEREAS, the Engineering Department has expressed its opinion that 15th Avenue will
not see any tangible improvement in condition rating and related useful pavement life by simply
being asphalt patched upon completion of the water main installation, and;
WHEREAS, the Engineering Department recommends the expenditure of up to $35,000
to restore the asphalt pavement full width to bring the road rating up to a 10 and restore its full
useful life;
NOW, THEREFORE BE lT RESOLVED by the Mayor and the Common Council of the
City of Oak Creek that the expenditure of up to $35,000 for paving that portion necessary to
complete a full-width restoration of 15th Avenue is hereby authorized.
this
7th
lntroduced at a regular meeting of the Common Council of the City of Oak Creek held
day of June, 2016.
Passed and adopted this 7th day of June, 2016.
President, Common Council
Approved this
7th
day of June, 2016.
Mayor
ATTEST:
VOTE: Ayes
City Clerk
Noes
City of Oak Creek
Common Council Report
Meeting Date: June 7,2016
Item No.:
Recommendation: That the Common Council adopt Resolution No. 1 1710-060716,
a
resolution acquiring Outlot 6 of Oakfield Village Addition No. 2 Subdivision for storm water
management purposes. (1" Aldermanic District) (Project No. 15022)
Background: Outlot 6 of the Oakfield Village Addition No. 2 Subdivision is located at the south
ends of S. Glenfield Drive and S. Lauree Lane. lt was noted on the subdivision plat and in the
development agreement that this outlot was to be purchased by the City of Oak Creek for storm
water management purposes. The storm water management plan for Oakfield Village Addition
No. 2 Subdivision incorporated the drainage from the existing Oakfield Village Subdivision and
planned for a dry detention basin on this parcel. The acquisition of Outlot 6 for implementation
of the storm water management plan will improve the drainage by eliminating an existing backpitched storm sewer and reducing peak flows discharging downstream south of E. Forest Hill
Avenue. The appraised value of the Outlot 6 is $42,600. Key information regarding this
property is as follows:
Owner:
Property Legal Description:
Acquisition Type:
Amount:
Midwest General Contractors
Outlot 6 of Oakfield Village Addition No. 2 Subdivision
Real Property
$42,600 plus closing costs
Fiscal lmpact: The cost of the acquisition is $42,600 plus closing costs and will be funded from
the Forest Hill Storm Sewer Project No. 15022.
Prepared by
Respectfully subm itted
Philip J. Beiermeister, P.E.
Environmental Design Engineer
Gerald R. Peterson, ICMA-CM
City Administrator
Approved
by:
/W-z--(ç
r
\--^
Michael C. Simmons, P.E.
City Engineer
Fiscal review by
Øæ,
Bridget (þouffrant,
Finance Director / Comptrol
t5
RESOLUT¡ON NO. I 1710-060716
BY:
RESOLUTION ACQUIRING OUTLOT 6 OF OAKFIELD VILLAGE ADDITION NO. 2
SUBDIVISION FOR STORM WATER MANAGEMENT PURPOSES
(PROJECT NO. 15022)
ltsr ALoERMANtc DlsrRlcr)
WHEREAS, the acquisition of real estate described as Outlot 6 of Oakfield Village
Addition No. 2 Subdivision willfacilitate storm water management improvements; and
WHEREAS, the property owner listed below has agreed to the property acquisition,
Owner:
Property Legal Description:
Acquisition Type:
Amount:
Midwest General Contractors
Outlot 6 of Oakfield Village Addition No. 2 Subdivision
Real ProPertY
$42,600 Plus closing costs
NOW, THEREFORE, BE lT RESOLVED by the Mayor and Common Council of the City
of Oak Creek that the property acquisition be approved and the same is hereby accepted; and
BE lT FURTHER RESOLVED by the Mayor and Common Council that the Vacant Land
Offer to Purchase Outlot 6 of Oakfield Village Addition No. 2 Subdivision for storm water
managemént purposes is hereby approved; and
BE lT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to
execute an offer to purchase for the purchase of Outlot 6 of Oakfield Village Addition No. 2
Subdivision for storm water management purposes and all documents necessary to close the
transaction and that the City Attorney is authorized to consummate this transaction.
lntroduced at a regular meeting of the Common Council of the City of Oak Creek held
this 7th day of June, 2016.
Passed and adopted this 7th day of June, 2016.
President, Common Council
Approved this
7th
day of June, 2016.
Mayor
ATTEST:
VOTE:
City Clerk
AYES
NOES
City of Oak Creek
Common Council Report
Meeting Date: June 7,2016
Item
No.: XO
Recommendation: That the Common Council adopts Resolution No. 11711-060716
authorizing the expenditure of up to $60,000 to reimburse the Oak Creek-Franklin Joint School
District for remediation of impacted soils found on the secondary school site at 8640 S. Howell
Avenue; and to allocate up to $35,000 of additional Capital lmprovement funds. (Project No.
1 5002, 3'd Aldermanic District)
Background: The Secondary School expansion project continues on the former City Hall site
at 8640 S. Howell Avenue. The site was transferred to the School District back in 2012 as part
of a land exchange agreement involving many parcels of land amongst the City, the School
District and WISPARK.
One of the conditions of the exchange agreement is a clause requiring that the City be
responsible for the costs of site remediation that might become necessary due to the discovery
of any environmentally impacted soils. This has been scrutinized by City staff and determined
to be valid.
The City was notified in March that impacted soils were discovered at the southwest corner of
the site. The School District enlisted the services of an environmental firm to investigate the
conditions and limits of the impacted soils.
This has been traced back to an abandoned buried tank that was removed by WisDOT during
one of its intersection improvement projects. At the time of removal, the WDNR closed the
project under the determination that any residual impacted soil was wholly contained within the
public road right-of-way at the northeast corner of Puetz/Howell.
Because the area of impacted soil is located where the school's storm water retention pond will
be constructed, there is no choice other than to have the impacted soils (estimated to be 900
cubic yards) removed and legally landfilled at a licensed facility. The School District has
provided an estimate of the investigative work performed to date, plus the larger remaining effort
for its environmental consultant and contractor to complete the remediation and all related
documentation and reporting, and the high end is $60,000.
Fiscal lmpact: Payment for this work would come from funds held under CIP No. 15002.
Prepared by:
Respectfully subm
N{"Å^,,t C \------.
Michael C. Simmons, P.E.
City Engineer
Fiscal review by:
Bridget M
Finance rector/Comptroller
rald Peterson, ICMA-CM
City Administrator
RESOLUTTON NO. 117 11-0607 16
BY:
RESOLUTION OF AUTHORIZATION FOR THE EXPENDITURE OF UP TO $60,000
TO REIMBURSE THE OAK CREEK.FRANKLIN JOINT SCHOOL DISTRICT FOR
REMEDIATION OF IMPACTED SOILS FOUND ON THE SECONDARY SCHOOL SITE AT
8640 S. HOWELL AVENUE; AND TO ALLOCATE UP TO $35,000 OF ADDITIONAL
CAPITAL IMPROVEMENT FUNDS
(3RD
ALDERMANTC D|STR|CT)
WHEREAS, the City and the Oak Creek-Franklin Joint School District (OCFJSD) entered
into a land exchange agreement in 2012 whereby OCFJSD obtained the former City Hall site at
8640 S. HowellAvenue, and;
WHEREAS, the land exchange agreement requires the City
to be responsible for
remediation of any impacted soils found on the former City Hall site, and;
WHEREAS, in the process of constructing the new school expansion upon the former
City Hall site, impacted soils were discovered, and;
WHEREAS, it has been determined through environmental evaluation that the impacted
soils must be removed and properly landfilled under the inspection of an environmental
engineer, and that such effort could amount up to an estimated $60,000, and;
WHEREAS, it has been determined that this work will be carried out by OCFJSD with
the City reimbursing the documented costs back to OCFJSD;
NOW, THEREFORE BE lT RESOLVED by the Mayor and the Common Council of the
City of Oak Creek that the expenditure of up to $60,000 for reimbursing OCFJSD for the full and
proper remediation of the impacted soils at 8640 S. Howell Avenue is hereby authorized.
this
7th
lntroduced at a regular meeting of the Common Council of the City of Oak Creek held
day of June, 2016.
Passed and adopted this 7th day of June, 2016.
President, Common Council
Approved this
7th
day of June, 2016.
Mayor
ATTEST
VOTE:
City Clerk
Ayes_Noes_
any spparþnt or l¡tent defects in any impmvcme'nts locatod on thc Distrfct hoporty, (C) the
natt¡¡r and øræut of any rigbt-of-waf teasc, porsccsion, licrU encumbrancc, liccnsc, rcsclvation,
condition or othen¡rise rciating to the Distict Proporty, (D) the complianoc of thc Distriot
Property or lts operation with ¡ny lawg, rulçs, ordina¡rccs, or regulations of any govcmrnent ol
oúor body, and (E) the envircn¡rcnhl oondition of tho Dltríct Pmperty inoluding without
limitation lhc pnrocnco, use and/or rolease of hazardous matcrlals upon thc Dlstríct Property, it
bcíng rpcciñoálly understood that City hss h¡d frrtl oppo¡tu¡ity'to dot{nninc for itsolf tho
condition ofthe DisEict P¡opcrty.
ÌÊ
45. c*CffOn
If Distriot dstormlnes that rocogn¡zcd cnvironmcnt¡l conditions
oriat upon tho City Propøty and that ¡uob conditions ckirtcd ¡s of tho Cloring Date, City and
Didrict rhall joíntly oond¡ct ñrrttrr iwcrtigrtions into thc cnvironncnt¡l condition of tlro Ci9
Püopcr.ty. If ¡r¡ch fi¡rthcr invætigotíou rwcal that mndiatíon mcasuûot mu¡t be complctcd to
bring üc City Proporty into complicncc with rclevant fodcrd, rú¡tc and loo¡l onviior¡mental laws
wtür rc¡pcct to $¡ah nreodsting onvironmcnt¡l conditions, 6cn (a) City ¡hall oar¡rc ruch
rcmed¡A¡oa mcrEur€s ûo ocour upon thc City Propcrty at City's ao¡t a¡d cxponEe, od O) Cíty
shell indcrurl$, hold tra¡rrte¡s and ddond Digrict ftom all claíms, llcbilitiæ, suig a¡d c¡r¡s€s of
action th¡t arlso out of thc cnvironmonül corditÍo'n of ths City Prìopcrty tün oxigts or oxictcd on
or bcfo6 conch¡¡ion of thc torm of the City Lc¡sc (colætivcly, lhÊ "Ctty Obligrtionr'),
Tti¡
Scction 4.5 sh¡ll sun ivo tho Cloring and dolivery md oxccution of tho City Dccd.
ARTICI,E V
CITY'S COÌITINGENCIES AND FEASIBILITY
S.f. Ocricñíl Confingonôi€s. City'r oblhdio¡ ûo clo¡o upon fho üan¡ftr and
convcy¡t¡oo of the City Pmperty and lhc acquisition of tlre Dishict P¡oesrty crc contÍngcut upon
City'r ¡rd¡fiofion or waincr of thc mittctr cÊt lìtrth bclou all ¡u fo¡rl and cuH¡nco ¡¡ti¡llætory
to Cit¡ in CÍty'sdisorctioru
(a)
Dighlct Documênts. City rwicrring md qpproving ths itcrns rcquircd to
bc providod by Diofric't pur$¡ant to Scction 5.3 hercof.
(b) W
Cityconñrmirgthstollcontingonciarrrndm
to tho OIVD Exchango Ageeinent (defined in Alialc X bclow) havo bosn ¡aticficd
and/orwaíved,
5,2,
Gqrerd Contin'msï Pp¡iod. City ¡hall h¡vc ecvcoty-ñve O5) dap afrer thc
Acocptrtoo t)atc (th€ 'tontlngcncy Poriod") to ratisf or w¡ivc in witittg all of tlæ
oontingoncleo ¡ct forth in Section 5.1. If City notiûcs Distriot in wiüng prior to explntion of the
Contingcrcy Pcriod (or nrch shoñcr pcriod notod abovc) that tho continganclcs sst fdrû abow
h¡vo ¡¡ot boon ¡stidied by City, this Agreement sh¿ll t€tm¡ndcn whc'urpon thc pnr{íer ¡h¡ll h¿vc
no fwthcr rightr or obligationr udcr this Agreernenl orrcGpt for thoæ rigbtt and obligrtlons that
shall expruoly surviræ tcrmln¡tlo¡ of úro Agrcamonr. City'r åih¡re to timoly tcminato the
Agrccrnont in wrlting to Dlstrict shall' bo dcomd to bo r rv¡ivcr of City's contingcncles
hctoundcr. Clty agrecr to usc its good f¡ith cffo¡t¡ to pcrform sr¡ch'acls as may bo rcasonably
ncccssa¡y or appropriate to en¡blc Clty to satisfy the above statcd contingcncior, providcd thd
5
Mike Simmons
From:
Sent:
To:
Cathy Cramer < c.cramer@ocfsd.org >
Wednesday, May 18,2016 6:25 PM
Gerald Peterson
John.Gehringer; Chris Coggins; Chad Bathke; soszuscik@thesigmagroup.com;
jneudorfer@thesignmagroup,coíl; Tim Culver; Melissa L Karls; Mike Simmons
Estimated Costs of Removal of Soils at New Secondary School Site
2016.5.5_fully executed WOA#3-Soil Management 13339 (1).pdf; LandfillDisposalAgmt
Exhibit A 4-21-16.doc; SIGMA - Additional Est.pdf; Sigma Phase ll Work
Cc:
Subject:
Attachments:
Authorization.pdf; VJS - ltemized Estimate.pdf
Gerry,
Per our phone conversation yesterday, the below summarize$ the costs incurred for the Phase II Study
performed by Sigma as well as costs estimated at this point required to address the soils issue at the new
secondary school property at Howell and Puetz (additional documentation provided in the attachments):
Phase
II Study - PO issued for estimated amount of $7,700
- this is anticipated
to be billed for less than the
estimate. This work was authorized afrer the meeting we held March 16.
V/ork Authorization #3 - Task I for soil sarnpling and lab fees estimated at $1545 completed as a result of the
Phase II Study (Work Complete)
Estimate for Task 2 - moving forward with profiling, construction assistance and
oversight, documentation and WDNR correspondeRce - additional fees estimated in the range of $12,000 to project completion and to be added to V/ork Authorization #3
$15,000 to be
incurred
VJS Construction Services Estimate - additional costs to be incurred to export the excavated materials to a
licensed landfill - estimated in the range of $22,000 - $35,000 (the breakdown of this estimated is included in
one of the attachments).
The total costs incurred since we met March 16 for SIGMAIs services is approximately $9245. The total
estimated costs for all services and work identified above is approximately $43,000 - $59,245.
Please let me know
if
there are ¿ury questions on the information provided.
Cathy Cramer
Director of Business Services
Oak Creek-Franklin Joint School District
4t4-768-6140
1
t
I
I
I
HTHIBITA
WORK AUTHORII,IITTON
i
f
N O. 13339.2
Projcot Rsfc¡c¡rce No,; 13339
Inc. (uSígnr") ald
Thls Wor* Auttroriz¡don.is ontc¡t¡t inßo by anrl bctwoør SlgrraBnvi¡oruncnlål Serviccû
i¡csporaree by
p¡¡ri.¡
rkis
Âmborization
ïi¡orL
¡o¡oiS"rrãoi
oâk crook FrrDkt¡n
Oäru¡"rnrt "cl¡ðnt").
prørc
The
Agreement is
(üro
23,
20!!
"Agreemouto).
datcd lúfsv
Agrecment iJ"iu¿ iltto ¡y rUc
rcfuor¡ce ürc
hcroby aæn&d atd eupplemcnrcd rs follows:
Siæ:
f
8640 South Ëtowell.ê'Yonuc. Oak
Wiæon¡iu
Gcueral llcscrtption of Basic $errÍc+s,
clienthoroby autborizos sigmato pedom and coqtplote the following service(s):
a
a
a
l
Componseüon.
l,
Z,
Toal Bcd¡oded CosE $6J00 (Standard l0'business day laboratory coqplelron lctredcle); or
3 busincs¡ drry lubor¡trny coolp-þtion schcdqlc.)
Tot¡.lEstiratcd Cosc $?'700
oAK Cn@Kl&ANguN
ÍÏNÎ Sfif9çT".plglBJ.er'
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I¿t
oak Creek Franklin Schod Dist{ct Ma¡l - RE: Oák Creek Franklin Sdtool Dlsrlct DRAFT Phase lt ESA - How€ll & R¡e*z
8182,0'16
Gathy Cramer <Ç,cramêr@ocfsd.org>
RE: Oak Creek Franklin School Dist¡'ict DRAFT Phase ll ESA - Howell & Puetz
1 message
Stary Oszueclk <soszuscik@thesigmagroup. com>
To: "John G. Gehringer'' <John.Gehringer@wilaw,com>, Cathy Cramer <c.cramer@ocfsd.org>
Cc: Joshua Neudorfer <jneudofer@thesigmagmup.com>
Good morning Cathy and .lohn,
We will be sending out an invoice for professional servlces ($6,763,40) completed under Work Auth #2, Task 1
of Work Auth #3 will be ínvoÍced next month, and moving forward with profillng, construction assistance and
oversight, documentation, and WDNR correspondence, additionalfees in the range of S12,000 to S15,000 w¡ll
be incurred to proJeæ completion. I will add the ri¡nge as additÍonal terrns for Task 2 of Work Auth #3 with your
approval. Thank you, and let us know ifyou have any questíons.
Best regards,
Stacy Oszuscik, E.l.T.
Staff Engineer
The Sigma Group
414.643.4137 (direct)
414.588.7526 (cell)
1300 W CanalStreet, Milwaukee, Wl 53233
soszuscik@thesigmagroup.com I www,thesigmagrou p.com
#ElslGM¡r
IçR
liro|
ftê.Ncc. üou¡ë
iløtution,
O tJ P
This electnnic lnansmission l's sfncf/y confidentnl
and lntended solely for the addrcssee. If you are not
the intended addrcssee, you must nof disc/ose, copy
or take dny action in reliance of this fransmlssr'on.
1f2
ÌXHIBTT,A'
WORK AIITRORIZANON NO. ß338:3
Projcct Referen cc Nt¡,
firis Wor* Auhorizatio¡
ie cntc¡cd
l-l33ilg
intobyanilbotcrcqrThesigmaGroup,Inc, ("Sigma") and O¡k C¡cct h¡nklln Joiutsehool
Di¡!¡ig!("Oicnl'). flrÍrl{ortAuthoriz¡tioli¡corporansþrefcrencetheAgrccmententrcdintobyûoPa¡de¡d¡lcdMav23'20J2
(tho t'Agnecncrrt"). The Ågrccoørt ie hcreby å¡ncndcd,and SupplonÊûtcd ûs fiollon¡o:
Sitc: 9ù Gr¡dË Cmlcr
-
Ghncr¡l Dcrcrlptlon of E¡dc Servtc¡¡.
Oiont hcrtby aulhorizcs Sigma to pcrfom alrdto¡riPlot,a ths following Scvicc(s)
l,
2,
Soll *n¡U¡¡ltnß
¡ld l¡b:fccs.&r¡Oil-¡¡glÂSsgg*l¡!üOaÊrt.
þndfin pæfl:U¡sl cs$la$¡g|uf¡¡dßuss'
Conrpcnndon
l.
T&M
Above asks.
2.
3.
._{.
5.
OthcrTcnu. fi¡c€rtony
oüor ûcrm¡ qndûc to ùo work arúÌ¡orization, i.e,, datce of pêrfotmenco.l
'. Àþl- -Mlw-
hr
TãsL
I,
Fitmr
Oak CrÊok-nnmklin Joint School D¡sl¡iot
r
Darc: SlqlSolb
î
Dúo¡ 6 -9 'l ¿
Ut'
Oak Creek Franklin Schod Distíct Mail - FW: Oak Cræk Frart<lin Schæl Oistrict DRAFT Phasa ll €SA -
511U20'16
Hopdl & PueÞ
Gathy Crarner <c.cramer@ocfsd.org>
FW: Oak Creek Franklin School District DRAFT Phase ll ESA - Howell & Puetz
1 messaga
<CCoggins@vjscs,com>
Wed, May 18, 2A16 at 9:55 AM
.Cathy Cramer - Oak Creek Franklin School District (C.CRAMER@OCFSD.ORG)" <C.CRAMER@ocfsd.org>
Cc: "John G, Gehringer (John.Gehringer@wilaw.com)" <John.Gehringer@wilaw.com>, Dave Lamb
<dlam b@vJscs. corn>, Ry an Steenhagen <RSteenhagen@vjs cs. corlì>
Chrls Goggins
To:
Cathy,
As discussed Vesterday, the following is the breakdown of the costs noted in my letter dated
-
5/2/16
900 tons of soll X S24lncn ($20/ton tipping fee + $4/ton uuckfng) = $21,600 (said 522,000)
900 tons of soil X 537/Ton (S3g/ton tipping fee + $4/ton trucking) = 533,300 (said 535,000)
material is not approved by Advanced Disposal, added $tE/ton for state landfill.
- if
The amount of actual soil removed to landfillwlll be based upon site direction by Sigma.
Let me know if you have anv questions.
Chria Cogginq Senior Projecl Manager
v,Js coNsTRUcTtol{ sERvtcEs, tNc.
sEñyt$,!
ltrr üAn Build on ?'åat
W233 N2847 Rounldy Clrcle,l¡/ast I Pervaukee, Wf 53072
262.446,6451 Dlred | 262.313,7023 Crl\|1262.s42.1371 Far
VIc¡tUs: www.vJsa.com I Lllo Us: Faæbook
Joln Our Network Llnkedln I Follow Us: Twltter
EleclronlcPrlvacy ïloliw, Thlse-nall,and anyatîeahmnls.rpnlalnslnb¡natlon lhatlgar
rnybe,øwred byeÞctonlcømnunle!íonsprluacylaws,
end lsalso ænfrdenllal
and proprleleryin naturc,llyou era nolùø inlended racìpbntploq.s ôe adusedhatyou arclegally prohlblÞdfnn rehìnlng, usíng, æpying,dlshibufng,ôroherwiæ
adwnca for pur
wpøøtion,
1113
EXHIBIT TTA'
TO
LANDF.ILL DISP'OSAL SERVICE AGREEMENT
Municipal Solid W¡ste and Construction & Demolition
lVaste
Type
Disposal Siúe
Volume Price
Reduction
Råt€
Debris
Initials_
Estimeted
Volume
Volume Price
Increase
Put Or Pay
Additional Comments:
Special lVaste, Contaminated Soil & Other Waste Streams
Oak Creek-Franklin Jolnt
lVaste Type
Generator
Disposal Site
Initials
Estimated
Generating Site
Rate
Tonnage
C-Soil
Advanced
Disposal Services
Emerald Park
Oak CreeþFranklin
School District
8640 S. Howell
Avenue, Oak Greek,
900
$20Æ *
Landfill, LLC
Additional Comments:
All taxes and fees are included in the rates listed
above. Approval fee $50,00 per waste stream. Acceptance of wastes subject to review
of analytical data and approval by Advanced Disposal.
*Price based on material being approved as ADC. If not approved as ADC, please add $13/T for state landfill tax.
Tons Per Day is a monthly average that ß
based on 5 working days per week
Mondøy through Friday
equívalent to I day each ønd Saturday equivalent to .5 drys. Invoices for the participatingfacilities will be based upon the then in
ffict per ton ratefor suchfacilities with aggregate volume bøsed adjustments reflecled on thefollowing month's invoíce.
I - Confïdential
MINUTES
L¡CENSE COMMITTEE
May 18, 2016 at 10:00 a.m.
a-]- 3o
This meeting was called to order at 10:05 a,m.
Present were: Ald. Kurkowski, Ald, Verhalen, and Ald. Gehl (arrived at 10:15). Also in attendance was City
Attorney Melissa Karls and Deputy City Clerk Christa Miller.
1
2.
Ald. Verhalen, seconded by Ald. Kurkowski, moved to approve the minutes of 4113116. On roll call, the vote was
as follows: Ald. Kurkowski, aye; and Ald. Verhalen, aye.
The Committee reviewed an Operato/s application submitted by Peter Lopac, 1815 lOth Ave., South Milwaukee
(Applebee's). Mr. Lopac was not in attendance.
On his application Mr. Lopac did not disclose any prior convictions.
The police record check showed a 2014 Brookfield conviction for Possess Drug Paraphernalia Misdemeanor.
Ald. Gehl, seconded by Ald. Verhalen moved to hold action on the Operator's application submitted by Peter
Lopac, 1815 lOth Ave., South Milwaukee (Applebee's) to a future meeting to allow the applicant another
opportunity to appear before the Committee and speak on behalf of the conviction omission, On roll call, the vote
was as follows: Ald. Kurkowski, aye;Ald. Verhalen, aye; and Ald. Gehl, aye.
3
The Committee reviewed an Operator's application submitted by Lísa Seefeldt, 2408 E. Grange Ave., Cudahy
(Meijer). Ms. Seefeldt was not in attendance.
On her application, Ms, Seefeldt disclosed 2008 Felony for unpaid Child Support in Milwaukee County.
The police record check confirmed that disclosure.
The Committee noted that Ms. Seefeldt disclosed the prior conviction and took into consideration if her prior
conviction(s) related to the licensing activity.
Ald, Verhalen, seconded by Ald. Kurkowski, moved to grant an Operator's license to Lisa Seefeldt, 2408 E.
Grange Ave., Cudahy (Me[er). On roll call, the vote was as follows: Ald, Kurkowski, aye; Ald. Verhalen, aye; and
Ald. Gehl, no. Motion passes,
4
The Committee reviewed an Operator's application submitted by Jasmine Gonzalez, 1805 W. State Street,
Milwaukee (no employer provided). Ms. Gonzalez was not in attendance.
On her application, Ms. Gonzalez disclosed a 2010 conviction for non-registration of vehicle and a 2010 conviction
for operating without a valid license.
The police record check showed the following additionalconvictions:
- Cruelty to Animals - Milwaukee
- Disorderly Conduct - Milwaukee
09/13/10 - Excessive Noise - Milwaukee
01119111 - Excessive Noise - Milwaukee
07105111 - Disorderly Conduct - Milwaukee
01104112 - Disorderly Conduct - Milwaukee
09/09/09
09113110
Ald. Gehl, seconded by Ald. Kurkowski moved to hold action on the Operator's application submitted by Jasmine
Gonzalez, 1805 W. State Street, Milwaukee (no employer provided) to a future meeting to allow the applicant
another opportunity to appear before the Committee and speak on behalf of the conviction omissions. On roll call,
the vote was as follows: Ald. Kurkowski, aye; Ald. Verhalen, aye; and Ald. Gehl, aye.
License Committee Minutes,
5.
51
18116
The Committee reviewed an application forTransient Merchant license submitted by Ricky Dennis,621O S.51't
St., #7, Greendale (Weather Pro Exteriors), Mr. Dennis was in attendance,
On his application, Mr, Dennis disclosed no prior convictions.
The police record check showed a Disorderly Conduction conviction from 2012 in West Allis.
The Committee asked Mr, Dennis to explain the omission and the circumstances behind the conviction.
Mr. Dennis noted that at first he had not recalled the conviction as it was for a dispute with loud cursing and no
physical altercation, which he was fined by means of a ticket,
Upon further explanation, he noted that he wasn't aware that a ticket was considered a conviction.
Ald. Verhalen, seconded by Ald. Kurkowski, moved to grant a Transient Merchant license to Ricky Dennis, 6210 S.
51't St., #7, Greendale (Weather Pro Exteriors). On roll call, the vote was as follows: Ald. Kurkowski, aye; and
Ald. Verhalen, aye, (Ald. Gehl Was absent for this vote),
6
The Committee reviewed the application for Transient Merchant license submitted by Matthew Dennis, 11098 W.
Forest Home Ave., Franklin (Weather Pro Exteriors), Mr. Dennis was in attendance,
On his application, Mr, Dennis disclosed convictions for operating a vehicle without the owners' consent and a
felony conviction for possession of a firearm.
The police record check showed the following additional convictions:
- Possession of Marijuana - Cudahy
- Loitering lllegal Drug Activity - Milwaukee
- Possession of Controlled Substance THC - West Allis
- Loitering or Prowling - Milwaukee
- Resisting / Obstructing Otficer - Milwaukee
06114112 - Receiving Stolen Property - Greendale
08107113 - Receiving Stolen Property (felony) - Franklin
01130107
10102107
11106107
11121111
11121111
The Committee asked Mr. Dennis to explain the omissions and the circumstances behind them,
Mr. Dennis noted that for the operating a vehicle without the owners' consent that he had borrowed a vehicle and
then had a car accident. He further noted that the felony conviction for possession of a firearm was more that he
was in the presence of a firearm, not necessarily that he possessed it.
When pressed by the Committee for explanation as to why the other convictions were not noted, Mr. Dennis
indicated that he disclosed the two felonies, of which were the most serious, and that the form did not adequate
provide space for the additional convictions,
Ald. Kurkowski indicated that he had concerns as the applicant had been incarcerated for his crimes and only
recently released, in April, for those offenses and was still on probation, but that many of the convictions were
older and he'd like to provide the applicant with the opportunity to obtain the requested license.
Ald. Verhalen noted that he has concerns with several of the convictions on Mr. Dennis' report, specifically the
firearm felony and receiving stolen property and felt that these crimes were substantive when considering the
requested license of a Transient Merchant canvasser.
Ald, Kurkowski moved to grant the request of a Transient Merchant license to Matthew Dennis, 11098 W. Forest
Home Ave., Franklin (Weather Pro Exteriors). The motion received no second, and therefore, failed,
2
License Committee Minutes, 5118116
Ald. Verhalen, seconded by Ald. Gehl, moved to deny the request for a Transient Merchant license to Matthew
Dennis, 11098 W. Forest Home Ave,, Franklin (Weather Pro Exteriors). On roll call, the vote was as follows: Ald.
Kurkowski, no; Ald. Verhalen, aye; and Ald, Gehl, aye, Motion to deny passes.
7
The Committee reviewed
a
request for
a
Special Event Permit submitted by Rebecca Douglas, Harvest
Community Church, 6612 S. HowellAve., for a Family Movie Night event on September 9, 2016.
review of the application, the Committee noted that there were several uncertainties to the event,
specifically with starUend time of the event, whether or not the event was indoor/outdoor (or both), and parking,
They further noted that there was no rough draft map included showing where tents, parking, movie screen, and
barricades would be located.
After
a
Ald, Kurkowski, seconded by Ald. Verhalen, moved to hold action on the Special Event Permit submitted by
Rebecca Douglas, Harvest Community Church, 6612 S. Howell Ave., for a Family Movie Night event on
September 9, 2016, and to direct staff to follow-up with the applicant on questioned items.
I
Ald. Verhalen, seconded byAld. Gehl, moved to grant renewal alcoholic beverage licenses forthe period July 1,
2016 through June 30, 2017 , submitted by the following, with issuance subject to final inspections and payment of
any fees due. On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Verhalen, aye; and Ald. Gehl, aye.
CLASS A BEER
Butcher Block Meat Market, LLC
Douglas Alan Shulta, Agent
(Butcher Block Meat Market)
Sal's Beer & Wine LLC
Salvatore J. Colla, Agent
fSal's Beer & Wine)
Rawson Citgo LLC
Adail Hamdan, Agent
Home Address
Location
Name
9340 S. Chicago Rd
W67 S19011 Tans Dr.
Muskego
7872 S. Howell Ave.
3833 W. Leah Ave
Franklin
150 W. Rawson Ave
4481 W, Victory Creek
Franklin
(Rawson 66)
CLASS A BEER / CLASS A CIDER. onlv
Speedway LLC
Marcos A. Acevedo, Agent
lSoeedwav #4462\
Ryan Road Oil
Greg Puetz, Agent
(Rvan Road Mobil)
Pilot Travel Centers
George Kutschma, Agent
(Pilot Travel Center #040)
Home Address
Location
Name
8667 S. HowellAve.
3316 W. Southland Dr
Franklin
9444 S. Chicago Rd.
3369 E. Woodview Ave.
Oak Creek
2031 W. Ryan Rd.
N2239 Wilmot Blvd
Lake Geneva
CLASS A COMBINATION
Kwik Trip lnc.
Kevin Butler, Agent
lKwik Trio #290)
Kwik Trip lnc,
Richard McCord, Aoent
Home Address
Location
Name
7880 S. 10"'St.
10080 S, Shepard Ave.
Oak Creek
9535 S, 13'', Sr
2663 S. HowellAve
Milwaukee
J
License Committee Minutes, 5118116
(.KlwikTriptl422\
PDQ Food Stores, lnc.
Ken Kysely, Agent
(PDQ Store #355)
P&K Kooner LLC
Kulwant Singh Kooner
(Checker Liquor)
Gary's Corporation of Oak Creek
Gary Hintz, Agent
lGarv's Beer & Liquor)
Corporation
W289 N7951 Park Dr
6300 27"'st,
Hartland
9110 S. Ghicago Rd.
9104 S. Chicago Rd.
Oak Creek
9555 S. HowellAve
10065 S. McGraw Dr
Oak Creek
8989 S. HowellAve
4976 S. 21"'St.
Milwaukee
Louisa Ann Wertzler, Agent
T-1
RAB Supermarkets, LLC
Ralph D. Malicki, Agent
(Pioolv Wioolv #342)
Mega Marts, LLC
Anthony Ciardo, Agent
(Pick'n Save #6862)
Mega Marts, LLC
Matthew Meyer, Agent
ffri-Citv Pick'n Save #6348)
Mega Marts, LLC
Bradley J. Brunner, Agent
(Pick 'n Save #6387)
Woodman's Food Market, lnc.
David J. Keesey, Agent
(Woodman's Food Market)
Love's Travel Stops & Country Stores, lnc.
Charles Campbell, Agent
(Love's Travel Stop #432)
JC Stores lnc,
Kelly Weber, Agent
2201 E, Rawson Ave,
2513116'n St.
Franksville
8770 S. HowellAve
303 Meadow View Ct.
Waterford
6462 S. 27th St.
10312 63'' St,
Kenosha
2320W. Ryan Rd.
5030 S. Guerin Pass
New Berlin
8131 S. HowellAve,
5301 26"'St,
Kenosha
9650 s,20'n st.
6160 S.6'n St
Milwaukee
9510 S.27'' St.
3554 Sheridan Rd., Lower
Kenosha
(Oasis Mobil)
Aldi, lnc. (Wisconsin)
Nancy Baker, Agent
lAtd¡#01)
Midwest Retail Group-Oak Creek, lnc
James F. Fiene, Agent
(7-Eleven #358414)
Meijer Stores Limited Partnership
Christopher J. Hoffmann, Agent
lMeiier Store #283)
Meijer Stores Limited Partnership
Christopher J, Hoffmann, Agent
(Meiier Store #283 - Gas Station)
Walgreens Co.
Cynthia Smith, Agent
(Waloreens #04887)
AT Mart, lnc,
Tilak KC, Agent
lOak Creek Mobil)
6810 S.27th Sr,
2652 lris Ct.
Racine
1225W. Rawson Rd.
W303 N1584 Arbor Dr
Delafield
171W. Town Square Way
2224 CarlasVttay
Mount Pleasant
8031 S. HowellAve,
2224 Carlas\Nay
Mount Pleasant
9449 S. HowellAve.
10958 W. Cortez Rd
Franklin
1200 W. Rawson Ave.
4415 N. Sheffield Ave.
Shorewood
CLASS B BEER
Oak Pro ll, LLC
Molly Delforge, Agent
(Fairfield lnn & Suites)
Home Address
Location
Name
6460 S. 13th Sr.
2167 S. go'n St
West Allis
4
License Committee Minutes, 5118116
CLASS B BEER / CLASS C WINE
Panda Gourmet LLC
Xiao Xiong Liang, Agent
lPanda Gourmet)
Milwaukee Area Tech College District
Richard Busalacchi, Agent
(Milwaukee Area Tech College District - South
Camous)
The Noodle Shop, Co.
Jason Delmore, Agent
(Noodles & Companv)
Willkomm Foods LLC
Val Secor, Agent
-
Colorado, lnc,
Home Address
Location
Name
8880 S, Howell Ave,, # 900
1385 E. Prairie View Dr
Oak Creek
6665 S. HowellAve.
6070 Oriole Ln.
Greendale
8609 S. HowellAve,
W237 58060 Highland Dr
Big Bend
9540
s.27"'st,
5922 go'n st.
Kenosha
lThe Dish)
2345W. Ryan Rd,
KiSin Phil
Sun K. Phil
(Yen Hwa Chinese)
8690 W. Elm Ct.
Franklin
CLASS B COMB]NATION
Cellar on Oakwood, LLC
Shirley Miksa, Agent
ffhe Cellar)
Melrose Eatery, lnc.
Sam Diamantopoulos, Agent
lMelrose Eaterv)
Oak Creek Diner - Jacob, LLC
Teresa R. Jacob, Agent
lOak Creek Diner)
Woodland Golf, lnc.
Mary Ellen Joncas, Agent
(Woodland Golf)
Pedone Restaurant & Catering
Alison S. Pedone, Agent
lTrattoria diCarlo & Caterino)
Classic Oak Creek Bowling LLC
Ed Vahradian Jr., Agent
(Classic Lanes Oak Creek)
Butch's Co., lnc.
Mary Anne Schettle, Agent
lButch's Bio Mouth Froq)
Southbound Saloon & Eatery LLC
Aleshia L. Sieren, Agent
lSouthbound Saloon & Eaterv)
Oak Creek Community Center
Richard Duchniak, Agent
(Oak Creek Community Center)
EAK, lnc.
Danielle Baerwald, Agent
lErv's Muo)
Jim Dandv's lnc.
Home Address
Location
Name
812 W. Oakwood Rd,
8655 S. Stonefield Dr
Oak Creek
6940 s.27"'St.
717 S. 35'n St.
Franklin
6874 S. 13'' St.
10416 S. Chicago Rd
Oak Creek
3025 E. Elm Rd
3003 E. Elm Rd.
Oak Creek
8469 S. HowellAve
109 Accipiter Ct.
Burlington
7501 S. HowellAve.
6825 S, Harvard Dr
Franklin
7126 S.27"'St
16001 W, Riveria Dr.
New Berlin
9504 S. Chicago Rd.
9510 S. Chicago Rd
Oak Creek
8580 S. HowellAve.
1035 E, Stonegate Dr
Oak Creek
130 W. Ryan Rd
6104 Churchwood Cir
Greendale
8900
5
s,27''
St,
9676 S. Fox Run
License Committee Minutes, 5118116
Oak Creek
Karen lwinski, Agent
(Jim Dandy's)
Oelschlaeger-Dallman Post No. 434 of the
American Legion Dept of Wisconsin
Robert LaBrosse, Agent
(Oelschlaeger-Dallman Post No, 434 of the
American Leoion Dept of Wisconsin)
John Sagan
Joyce M. Mueller
(Cozv lnn)
St, Ledger Enterprises, lnc,
James J, St. Ledger, Jr., Agent
(Oak Hills Gol0
Apple Hospitality Group, LLC
Ryan Sell, Agent
(Aoplebee's Neiohborhood Grill & Bar)
Brian's Restaurant LLC
Luljeta Abazi, Agent
lBrian's Restaurant)
ZeqiriCorp.
9327 S. Shepard Ave,
9570 s. 13'n St.
Oak Creek
9509 S. Chicago Rd,
2410 Ê. Elm Rd., Oak Creek
1490 51 't st., caledonia
10360 S, HowellAve.
1806 Forest HillAve.
South Milwaukee
7135 S. 13"'St,
3711 W. Birchwood Ave.
Milwaukee
924 E. Rawson Ave.
Oak Creek
3570 E. Puetz Rd.
Marla J. Brickler, Agent
lBack to Lucv's)
Comfort South, lnc.
Anthony Angelucci, Agent
(Comfort Suites)
Lotus Restaurant LLC
Wan YiZuo, Agent
lLotus)
Blazin Wings, Inc.
Jared S. Bellis, Agent
(Buffalo Wild Winss)
KMDG LLC
Dennis Giannopoulos, Agent
lBranded Steer)
Maria Cobian
(Victor's Aqain)
Pineapple Café, LLC,
Sandra Bonita Madrigal, Agent
lPineaoole Cafe)
3270 Normandy Dr
Oak Creek
Lirim Zeqiri, Agent
lMarket Place Café)
Brickle/s Restaurant, LLC
601 E. Jordan Ln.
1000 E. Rawson Ave.
1126 Ê, Drexel Ave,
Oak Creek
6362 S. 13"'St.
6362 S. 13"'St.
Oak Creek
9011 S. Howell Ave.
8219 S, FourOaks Ct.
Franklin
8171 S. HowellAve,
1229W. College Ave.
3704 92"" Place
Sturtevant
1243 Kerechun Rd.
Huburtus
91 17 S.
5"'Ave.
9117 S. 5"'Ave
Oak Creek
7864 S. HowellAve.
4733 S.43rd St.
Greenfield
RESERVE CLASS B COMBINATION
Name
Location
Home Address
Hush, LLC
Christina S. Clausen, Agent
lBootz Saloon & Grill)
Family Entertainment, LLC
Kimberly Barengo, Agent
(South Shore Cinemas)
ZaMan 3, LLC
Sarah Baker, Agent
gg50 s, 27'n st.
4830 W. Vollmer Ave.
7978 S. Main St.
7639 W, Lorraine Pl.
Milwaukee
WSB Oak Creek Restaurant, LLC
Robert C Schmidt, Jr., Agent
(Water Street Brewerv)
140 W, Town Square Way
1122 N. Edison St.
Milwaukee
Greenfield
7241 S.13"'St.
3707 Meadow Rose Ct.
Franksville
(PizzaMan Oak Creek)
6
License Committee Minutes, 5118116
The Char-Grill lnc.
Jeffrey Marsh, Agent
(The Charcoal Grill & Rotisserie)
El Fogon Tacos and Beer, lnc,
Phil Landa, Agent
(El Foqon Tacos and Beer)
9.
111 W. Ryan Rd.
14102 Marina Dr,
Sturtevant
8701 S. HowellAve,
506 4 Mile Rd
Caledonia
Ald. Verhalen, seconded by Ald. Gehl, moved to grant renewal alcoholic beverage licenses for the period July 1,
2016 through June 30,2017, submitted by the following, with issuance subject to final inspections and payment of
any fees due. On roll call, the vote was as follows: Ald, Kurkowski, aye; Ald. Verhalen, aye; and Ald. Gehl, aye.
CLASS A BEER
Ryan Road LLC
Pam Helman, Agent
lRvan Road Shell)
Home Address
Location
Name
2170W. Ryan Rd
4662 Lakeview Cir
Slinger
CLASS B COMB]NATION
Home Address
Location
Name
9430 S.27th St,
9430 S.27th St,
Oak Creek
Name
Location
Home Address
BelAir Cantina Oak Creek, lnc.
Kristyn Eitel, Agent
(BelAir Cantina Oak Creek)
410 W. Town Square Way
2923 N. Marietta Ave.
Diane Dorothy Spingola
(Diane's Second Chance Saloon)
RESERVE CLASS B COMBINATION
Milwaukee
Ald. Kurkowski, seconded by Ald. Verhalen, moved adjourn the meeting at11:07 a.m. On roll call, allvoted aye.
7
OAK
-,çÅ
Police
Depørtment
CHrEF oF PoLrcE
John O. Edwards
(4r4)766-76¿0
DIwsIoN
Capt. Bolender
(414)766J606
OPERATToNS
ApMtN. DIwstoN
Capt. Anderson
(414) 766-76ts
Disp. Mgr. Bauknecht
(414) 766:7605
Disp. Sup. Musgrove
(414') 766:7660
DErEcrrVEßIBEAU
Lt. Knitter
(414) 766:7631
FIRST SHIFl"
Lt. Ashenhurst
(414) 766:7610
Sgt. Piojda
(414) 766-7636
Sgt. York
(4141 766-7639
SEcoND SHIFT
Lt. Stecker
(414) 766:1612
June2,2016
Members of the Common Council:
I would like this letter read into the record regarding the liquor license renewal of Bootz
Saloon and Grill. As you know, Bootz Saloon and Grill is currently a nuisance property
within the City of Oak Creek. It is the only business within the city with that
designation. On August 3,2015 at the Common Council meeting, the council voted to
renew the license of Bootz for the period of 0710112015 to 0613012016. At that time
Bootz was considered a nuisance property. During that meeting several Alderman
offered comments to Bootz regarding working with the neighbors and city to try and
resolve any issues.
The management of Bootz did take steps to put in sound proofing to try and mitigate the
sound issues. One of the things that was promised by Bootz was that they would also
put in a sound proof door. I did personally inspect the wall area and found that the
sound proofing wall was put in. When I asked about the sound proof door that was
discussed, I was told it was on "back order". It was disclosed at a license committee
meeting in 2016 that Bootz never intended to install the door and they considered that a
suggestion. Either way, one of those statements is false. The door could not have been
on back order and also just a suggestion. I would like to point out that the attorney
representing Bootz at the 2015 license committee meeting promised that if they did not
follow through on everything that was promised, the business would not contest
anything brought forward by the city.
Sgt. Carter
(414) 766-7637
Since the renewal of the license for Bootz on July 3,2015, Bootz has been cited five
time for loud noise. The dates of those citations are November 15,2015, February 7,
2016, February 13,2016, March 79,2016 and May 15,2016.It should be noted that the
May 15, 2016 date came after the council meeting where Bootz was in front of the
council for a special event permit which died for lack of a second.
Sgt. Sagan
(414) 766:7&6
THIkD SHIFT
Lt. Thorne
(414) 766:7607
Sgt. I-oontjens
(414) 766-7638
I would also like to inform the council that Bootz did hold a Memorial weekend party
on May 28th. They brought everything inside and had four bands starting at2pm.l am
glad to report that the police department did not receive one compliant regarding the
event. This does show me that Bootz personnel do know how to keep the noise in
Sgt. Wettengel
(414) 766:7641
check.
I believe the entire council knows my position on the reasons for the non-renewal of the
liquor license for Bootz. After discussions with the City Attorney, I do not believe that
my being at the council meeting would offer any new information that the council is not
aheady aware of. By way of this letter, I am respectfully requesting that the council
deny the renewal of the liquor license for Bootz Saloon and Grill as listed on the agenda
forthe meeting of June 7,2076.
J
O. Edwards
301 úl/. Ryan Road,
Oøk Creek,
WI
53154
Tel: (414) 762-8200
Fax: (414) 766-6692
Chief of Police