City of Oak Creek

Transcription

City of Oak Creek
Common Council
Visit our website at
www.oakcreekwi.orq
for the agenda and
accompanying
common council
reports.
OAKCREEK
-
wtscoNStN
Chambers
8040 S. 6rH Street
Oak Creek, Wl 53154
(4r4) 766-7000
-
COMMON COUNCIL MEETING AGENDA
TUESDAY, JUNE 21,2016
AT 7:00 P.M.
1
Call Meeting to Order / Roll Call
2
Pledge of Allegiance
3
Approval of Minutes: 617116.
¡
Presentation
4
Presentation: City of Oak Creek 2016 survey results presented by Cobalt Community Research
5
a mot¡on to approve the Request for Proposals (RFP) invitation
strategic plan (by Committee of the Whole).
of
a
community-driven
development
Motion:
Consider
for the
Old Business
6.
Ordinance: Consider Ordinance No.2811, repealing and recreating Section7.44 of the Municipal
Code regarding limitation of dogs on occupied premises and increasing the total number of dogs
allowed from two to three (held 6/7/16) (by Committee of the Whole),
7
Ordinance: Consider Ordinance No. 2805, repealing and recreating Section 2.05 of the Municipal
Code, changing the polling place locations for the City of Oak Creek (held 5/17116) (by Committee
of the Whole).
New Business
I
Resolution: Consider Reso/ufion No, 11713-062116, authorizing the issuance and sale of
$5,825,000 taxable general obligation promissory notes, Series 20164 (by Committee of the
Whole).
I
Motion: Consider a motion to concur with the Personnel Committee's Recruitment Profile and
salary range recommendation to assist in the hiring of the next City Administrator (by Committee of
the Whole).
10.
Resolution: Consider Resolution No. 11719-062116, approving a Third Amendment to
Tax
lncremental District No. 11 Finance Development Agreement and a Collateral Assignment of Tax
lncremental District No. 11 Finance Development Agreement and Consenting to the Assignment
and Assumption of Tax lncremental District No. 11 Finance Development Agreement from Oak
Creek Hotel Group, LLC to Drexel Square Hotel Group, LLC (2no District).
June 21, 2016 Council Meeting
11.
12
13
Consider a motion to approve a Professional Services Agreement Amendment in the
amount of $17,500 with Bray Architects to complete the build-out of the EOC space at the Civic
Center (by Committee of the Whole).
Motion:
Motion: Consider a motion to approve a Second Amendment to the Professional Services
Agreement with SmithGroup JJR, for Lake Vista Design and Rebidding Services, in an amount not
to exceed $92,220 (by Committee of the Whole).
Resolution: Consider Resolution No. 11718-062116, authorizing payment of bills, debts
and
obligations (by Committee of the Whole).
14
Motion: Consider a motion to waive allfees for Oelschlaeger-Dallmann American Legion Post 434
for an upcoming HVAC project at the posts' upper hall located at 9327 S. Shepard Ave (by
Committee of the Whole).
15
Motion: Consider a motion to approve the 2016 Vendor
Summary Report in the amount of
$633,777.06 (by Committee of the Whole).
ENGINEERING
16.
Motion: Consider a motion to enter into an engineering service agreement with RA Smith National
for the fee of $16,900.00 for the design of a site grading plan for the four adjoining properties at
8850, 8730, 8940 and 9o1o S. 5th Avenue (4th District)
COMMUNITY DEVELOPMENT
17.
Resolution: Consider Resolution No. 11716-062116, approving a Certified Survey Map for the
property at 9330 S. I'l¡ctrolson noaO 13'd Districg.
18.
Resolution: Gonsider Resolution No. 11717-062116, approving a Certified Survey Map for the
property at 7880 S. 13th streetTtroistrict).
LICENSE COMMITTEE
The License Committee met on June 9, 2016. Minutes are attached and recommendations are as follows:
19.
Motion: Consider a motionto qrant an Operator's license to Peter Lopac, 1815
lOth Ave., South
Milwaukee (Applebee's).
20.
Motion: Consider a motion lo denv an Operator's license to Jasmine Gonzalez, 1805 S. State
Street, Milwaukee for falsification of application.
21
Motion: Consider a motion to qrant an Operator's license to Barbara Robertson, 9720 S. Austin
St., Oak Creek (Gary's Beer & Liquor).
22.
Motion: Consider a motion to grant an Operator's license to Mitchel Dolan, 3685 S. Rutland Ave.,
Saint Francis (The Cellar).
23.
Motion: Consider a motion to qrant a Special Event Permit to Rebecca Douglas, Harvest
Community Church, 6612 S. Howell Ave., for a Family Movie Night event on September 9, 2016,
subject to receipt of an event map and approval by the Fire Department.
.,
June 21 ,2016 Council Meeting
The following items were received after License Committee met'
Tentative recommendations are as
follows:
24
Motion: Consider a motion to grant an Operator's license to the following (favorable background
repoñ received):
LeQuisha N. Landers, 11227 W. Oklahoma Ave., West Allis (Target)
Anton W. Milewski, 1195 W. Violet Dr., Oak Creek (Speedway)
Kristi L. Maki, 8481 S. 5th Ave., Oak Creek, (Meijer Gas Station)
Mary J. Nelson, 2515 Aster Ct., Racine (no employer listed)
o
.
o
.
25
Motion: Consider a motionto orant an original alcoholic beverage license to Yash Patel, Fortune,
nc., dba Discount Tobacco & Liquor, 2151 E. Rawson Ave., for the period July 1 ,2016 through
June 30, 2017, with issuance subject to payment of any fees due and department approvals.
f
MISCELLANEOUS
26.
Motion: Consider a motion to convene into Closed Session pursuant to Wisconsin State Statutes
to discuss the following:
a.
b.
c.
Section 19.85 (1) (g) regarding litigation the City is likely to be involved in regarding the
possible levying of special assessments against lots owned by successors in title to the
äeveloper fór ttre final lift of asphalt ot $ìtOO,gg8.60 for Wilbw Creek Subdivision (5th
District)
Section 19.85 (1) (e) to consider a request from Emerald Row LLC for TIF loan and grant
assistance for pnaàé ll of the Emerald iìow development 12nd District¡.
Section 19.85 (1Xe) to consider the City purchase of properties on the north side of Drexel
Avenue (410 and 500 W. Drexel) (2no District).
27
Motion: Consider a motion to reconvene into Open Session.
28.
Motion: Consider a motion to take action, if required.
Adjournment.
Publlc Notlce
Upon reasonable notice, a good faith effort will be made to accommodate the needs of disabled individuals through sign language interpreters or
other auxil6ry aid at no cosi to the individual to participate in public meetings. Due to the difficulty in finding interpreters, requests should be made
as far ¡n advánce 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, Oy tax at rcA-Zglï,'or by writing to the ADA Coordinator at the Oak Creek Health Department, 8040 S. 6h Street, Oak Creek,
Wisconsin 53154.
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 meeting to gather information; no action will be taken by any governmental body at the above-stated meet¡ng other than the
governmental body specifically referred to above in this notice
J
City of Oak Creek
Common Council Report
Meeting Date: June 21,2016
Item No.:
Recommendation: Consider presentation
Community Research.
of 2016 Community Survey Results by
Cobalt
Background: ln 2011, the City of Oak Creek retained the services of Cobalt Community
Research to perform a Citizen Engagement and Priority Study. As part of that study, 1500
surveys were mailed to Oak Creek registered voters and a total of 552 responses were
received. This year, the Common Council again authorized use of a Citizen Engagement and
Priority Study to gauge community responses to a series of topical and comparative issues. A
total of 578 responses were received from the 1500 mailed surveys and City website responses.
Tonight, representatives from Cobalt Community Research will present the results of this year's
survey, compare current year survey results to those obtained in 201 1, and also provide the City
with its ranking on the American Consumer Satisfaction Index (ACSI) survey. Key findings will
be highlighted and can be used by the City to help guide future budget priorities and to seek
additional information and input from the community through a strategic planning process on
which the City will soon embark. The actual survey instrument was developed by a team of City
employees using standardized questions developed by our study consultant and customized
questions on topical community issues from the survey team.
Fiscal lmpact: None as a result of this survey or as a result of this presentation. Costs for
conducting the survey are estimated at $13,825; $15,000 was included in the 2016 budget for
this work.
Fiscal Review by:
Prepared and Submitted by:
Bridget
Finance D
Gerald R. Peterson, ICMA-CM
City Administrator
Reviewed by:
K"t to
Leslie Flynn
Communications Coordinator
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Cobaftffi Com mu n ity Re sea rch
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OAK' ¡';. i
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Gity of Oak Creek Citizen Priority Study
Thank you for your participation in this study. Please take a few minutes to share your opinion. All answers will
remain completely confidential - your name will not be shared.
1.) First, think about the transportation infrastructurein Oak Creek and rate it on the following attributes using a scale from
to 10, where 1 means "Poor" and 10 means "Excellent."
Poor=
tr
T
l
T
T
T
T
Street maintenance and repair
Road signage
Traffic signals
Road capacity
Public transportation options
Accommodation for bicycle and foot traffic
Street lighting
4
1
T
T
n
T
5
Excellent
I
6
T
n
T
n
T
n
T
1
Know
T
T
T
T
T
T
T
Which streets are in special need of maintenance or repair?
2.1
Please indicate your level of support for the following strategies to fund increased levels of repair/replacement to the City's
transportati on i nfrastructu re
Oppoæ
Support
T
n
T
lmplemenVincrease fees
Use of special assessment
lncrease City taxes
lncrease State taxes, payable to City by legislative
action
lncrease Federal taxes, payable to City by legislative
action
U nd ec¡ ded lN ee d
More I nfor mt¡o n
n
T
3.)
What is the most you would you be willing to pay annually for increased levels of repair/replacement to the transportation
infrastructure in the City?
4.1
5.)
None
$26 to $50
$1 to $10
$51 to $75
$11 to $25
$76 to $100
More than $100
How should public transportation be expanded in the City of Oak Creek? Mark all that applv.
Bus
Streetcar
Train
Bike rental
We should not expand public
transportat¡on in the City
Other
Next, rate your local fire and emergency medical servíces (Oak Creek Fire Department) on the following attributes:
Poor=
1
2
3
Fire coverage for the community
Response time to fires
Response time to medical emergencies
(c) 2016 Cobalt Community Research
7
u T T
il
l
I
Fire prevention education
(2016045) City of Oak Creek
o
rT
I
I
T
T
T
T T T T
T T T T
r
Exællent
=10
?i!¡
n
f
tr
n
Page
1
6.)
Please rate the
utility services (water, garbage, etc.) you
Poor=
use:
2
1
3
5
4
T
Drinking water quality
Exællent
I
6
9
Don't
Know
I
Recycling collection
Storm water management
7.1 Next, please rate your |ocal law enforcemenf (Oak Creek Police Department) on the following attributes:
Poor=l
2
3
4
5
7
6
I
Excollent
9
Efficient and professional handling of calls and
complaints
ä
time
8.) How frequently do you use the City's
lNever (Please skip to Q10)
9.)
health department services?
Regularly (at least once a year)
lnfrequently (/ess fhan once a year)
Rate your City Public Health Department on the following attributes:
Poor=
1
2
5
3
6
Exæilent
I
7
Don't
Kmw
10
T
Public health education
preparedness
Envi ronmental/sanitarian services
10.)
Have you paid property taxes in the last 12 months?
No (Please skip to
Yes
Q1|)
Rate your city property úaxes on the following attributes:
Poor=
Fairness of
1
2
3
5
4
7
Exællent=
10
I
Nof
Appl¡âUe
assessments
Fairness of taxes
City communication on how tax dollars
are used
11.1 Rate the Oak Creek City Governmenton the following:
Poor=
1
2
3
4
5
6
I
Exællent=
9
10
Don't
Know
Having leaders who are trustworthy
Having
who are well{rained
Actively promotes opportunities for business and housing
development
Managing community growth
(20r6045) City of Oak Creek
(c) 201ô Cobalt Commun¡ty Research
Page 2
12.1 Think about the current residential property market in the City. Rate the availability of the types of housing below, based on
their availability for rentinglpurchasing. Use a scale from 1 to 10, where I means "Low Avaìlability" and 10 means "Hrþå
Availability."
2
Low=l
Single fam
3
4
7
6
5
I
I
High=1o
Don,t
RtDw
residential housi
graduates and young families
choices for
Housing options for seniors
f 3.) Now, rate the City's current housing market based on atrordability. Use a scale where 1 means "Not Affordaöle" and 10
means "Very Affordable."
Not
Affordable=
12345ô789loKnow
Very
Atrordable= Don't
Single family residential
raduates and young families
choices for
Housing options for seniors
14.1 Rate the economic health of Oak Creek on the following aspects using a scale from 1 to 10, where 1 means "Poor" and
"Excellent."
Exæ,êntr
g
Hl
7
s
6
I
4
5
Poor=l z
10 means
Cost of livi
Affordability of
values
15.)
How frequenfly dó you use City Parkfacilities?
Tru"n"r
16.)
fress
thanltimesayear
6-12 times a year
lWor"
than 12 times a year
6-12 times a year
lWore
than 12 times a year
How frequently do you use City Recreational Prcgrams?
nrueuer
fl"s"
thanïtimesayear
17.1 Next, rate your local parks and recreafion facilities and programs on the following attributes:
Poot=l
Parks meet
2
3
4
5
6
7
a
Exællent=
9
10
Don't
Know
needs
of recreational
Variety of amenities in parks
18.)
How frequently do you use the local
f ruener
(2016045) City of Oak Creek
[f"""
librarfl
thanitimesayear
6-12 times a year
(c) 2016 Cobalt Community Research
lUor"
than 12 times a year
Page 3
19.)
Rate your locallibrary on the following attributes
Poor=
Exællent=
1
4
3
2
6
9
B
10
ü
Hours of operation
Adequacy of building to meet community
needs
Location
materials
and services
Selection of books and other
Variety of programs
T
I
I
I
n
rn
T
T
20.1 Consider all your experiences in the last year in the City of Oak Creek. Use a
point scale, where 1 means "Very
Dissatisfied " and 10 means "Very Satisfied. " How satisfied are you with the City of Oak Creek?
'10
veryD¡ssat¡sfied=1 2
3
4
5
6
7
B
9
verysatisfied=1o
21.)
Consider all your expectations of the City of Oak Creek. Use a 10 point scale where 1 means "Falls Short of Your
To what extent has Oak Creek fallen short of or exceeded your
expectations?
Falssño¡t=t
2
3
4
5
7
6
I
9
Exæsdçl'
Expectations"and 10 means "Exceds Your Expectations."
22.1 lmagine an ideal community. How closely does the City of Oak Creek compare with that ideal? Please use a 10 point scale
where 't is 'Nof Very Close to the ldeal" and 10 is "Very Close to the ldeal."
Notverycloæ=l
2
3
4
5
6
7
I
I
Very)loæ=1o
23.1 On a scale where 1 means "Not at All Likely" and 10 means "Very Likely, " how likely are you to take the following
actions:
Nol at
Ail
Likelv=l
2
3
4
5
6
7
B
I
Very
L¡kely=10
Recommend Oak Creek as a place to live
Remain living in Oak Creek fiveyears from now
T
n
T
Be a community volunteer
Encourage someone to start a business in Oak Creek
Support City of Oak Creek government
24.1 On a scale where 1 is "Strongly Disagree" and 10 is "Strongly Agree,"lo what degree do you agree or disagree that Oak
Creek is:
Strongly
Strongly
Disagree=
Agree= Don't
1234567891}Know
T T
n
I T
T T
T
u
T
n
T
u
T
r
A safe place to live
Enjoyable place for children
Enjoyable place for single adults
Enjoyable place for senior citizens
Enjoyable place for families
Physically attractive
A great place to live
Agreat place to have a business
Growing responsibly
A safe place to bike and walk
A safe place to walk at night
f
A perfect community for me
T
u
T
I
T
T
T
T
u
T
T
I
T
T
T
r r
u
T
T
T
l f
25.1 ln your opinion, what are the two most important issues facing the City of Oak Creek?
(2016045) City of Oak Creek
(c) 2016 Cobalt Community Research
Page 4
26.1 When you imagine Oak Creek in the next ten years, what do you want it to be known for?
27.1 lf you have contacted City Hall in the past year, please rate each item below on a scale from 1 to 10 where 1 means "Poot"
and 10 means "Excellent." lf you have not contacted City Hall in the past year, please mark 'WoúA pplicable."
f
Poor=
Ease of reaching the appropriate person
Clarity of the process you needed to follow
Accuracy of the response
Speed of the response
Follow-up provided by staff
Professionalism and courtesy of staff
2
1
T
l
T
T
T
3
4
T
T
T
T
T
T
6
5
7
Appliâble
10
T tr
x
I T
T f
T T
tr T
T
T
T
l
T
r
n
28.1 lf you have used the City website in the past year, please rate each item below on a scale from 1 to 10 where 1 means "
and 10 means " Excellent." lf you have not used the City website in the past year, please mark "Not Applicable."
Pool'
poor=l 2
4
3
6
s
7
B
s
Excettent=
oollfJ"o,
Timeliness of the online information
ClariÇ of the online information
Relevance of the information to you
Ease of finding the information
lul
Ease of filling out online forms
Ability to complete transactions online
29.1 lf you have visited or used any of the City's social media accounts (Facebook, Twitter), please rate your experience on a
scale from 1 to 10 where 1 means "Poof'and 10 means "Excellent."
Poor=
Timeliness of the information
Clarity of the information
Relevance of the information to you
Ability to interact with staff to get questions answered
1
2
5
T
T
tr
T
I
6
rn
Er"","nt=
ú
ú
T
I
T
T
T
T
Nor
Appl¡æble
T
u
Planning & Budget
30.)
For each of the following, please indicate whether you would support or oppose a tax increase to fund
tax increase to fund an option, select the most you would be willing to pay annuallv to fund that option.
Support
Oppoæ
$1
-$10
Community pool
Fall leaf collection
$11
-$25
$26-$50
I
I
ncreased roadway capacity
lncreased roadway maintenance
Police Department services
Recreation Center
T
u
T
T
T
T
T
n
T
n
tr
n
u
Senior Center
rl
Sidewalk connection improvements
Street light maintenance
Streets/Parks/Forestry Department services
(2016045) City of Oak Creek
(c) 2016 Cobalt Community Research
T
n
Health Department services
ncreased library programs
951-$75 576-$100
T
Fire/EMS Department services
it. lf you support
I
a
More than
$100
T
T
Page 5
.)
Because of growth, changing demands and increasing complexity, the City is considering some changes. Which of the
3f
following topics should be prioritized for consideration in the City's upcoming strategic planning meetings? (Mark all that applv.)
l-l
Consider better aligning the water and sewer utility with Common
e"t"Otlstt a fult-time, rather than pañ-time, Mayor
Council goals and objectives
Consider a full-time, in-house City Attorney
Share services with other cities in the region
Consider an appointed, rather than elected, City Clerk
TConsider an
Require body cameras for police officers
appointed, rather than elected, City Treasurer
lnvest in environmentally friendly city-owned vehicles
Consider changes to the residential housing mix to better
accommodate needs of the resrdenfs
Convert street lights to more energy efficient LEDs
our commun¡cat¡on with you,
ar€ to
The
32.1 How do you prefer to receive information from the City? (Mark all that applv.)
Live meeting broadcast on Public Access
Newsletter (The Acorn)
City Council meefrngs
Web site (www. oa kcree kwi. org )
Plan Commission meetings
Facebook
I
TV
Livestream meetings on the City's website
e u ø t i" he a ri n g notificatio n s
meetings
f-lWatcn
¿website
Twitter
!neaA
Oak Creek lifestyle magazine (coming
June 201 6)
Civic Center digital messaging
on-demand on the City's
meeting minutes on City website
Utility bill insert
33.)
Should the City invest a minimum of $60,000 in a one-time start up fee and $7,000 annually to provide live broadcasts of
City meetings (Common Council, Plan Commission) on Public Access TV?
Ito
Yes
l-l
The following quest¡ons are for ana¡ys¡s only and
How long have you been living in this
Qne year or less
community?
Do you own or rent/lease your residence?
Own
What is your age group?
Which of the following categories best
describes your level of education?
Which of the following categories includes
your total household income last year?
Please indicate your marital status:
"rr"
will not be used in any way to identify you.
1-5
years
flR"øt""u"
25 to 34
18 to 24
Some high
35 to
$25,000 or less
44 lts
to
æleoe
-
$25-$50,000
Single
st lss
spouse). Mark all that applv.
What is your gender?
Please mark al! that applv: To which group(s)
do you belong?
age 12
Male
Female
leVlent
older
White/Caucasian
Hispanic/Latino
Do you know who your alderman is?
Yes
Do you cunently work inside the City?
Yes
lzna
Fewer than
15 minutes
3rd
4th
I
loc or over
fTGraduate
¿degree(s)
Over $100,000
Widowedlseparatedl
divorced
age 65
B I a c l</Afr i ca
lsf
How long is your daily commute?
Child(ren) over
Asian
ln which aldermanic district do you reside?
at
$50- $100,000
luanieOttiøngøn
pannet
Child(ren) age 12
or under
to
f-lcottege
¿graduate
Mark the boxes that describe the people living
in your house (other than yourself andlor a
-]|10* y""r"
la-to y""r"
f-l
t---Jsor"
High school
graduate
scf¡oo/
No¿
n Am e ri c a n
5th
fl
-
o, ]Nor"
of these
America n t ndia n/Ata ska
Native/Native Hawai i an
Other
6th
Nof
sure
No
I am retired
fl¡¡o, outsidethe Tuo, t am
City
unemployed
More than 60
Not
a1s-30
" minutes l-lso-oo
minutes
applicable
" minutes
Thank you for your time and feedback. Please return this survey in the postage-paid envelope provided.
(2016045) City of Oak Creek
(c) 2016 Cobalt Community Research
Page 6
Coba ttffi
Co m rn u n ty Resea
i
rch
Supporting Decisions I lnspiring ldeas
Gity of Oak Greek Gitizen Engagement
and Priority Study
June 2016
OAKCREEK
n
r
wlscoNslN
2016045
@ 201
6 CobaltComm unityResearch
AKCREE
Background on Cobalt Community Research
r 501c3 not for profit research coalition
I Mission to provide res earch and educatton
r Developed to meet the res earch needs of
schools, Iocal governments and nonprofit
orgatrjzations
CobaltCom
m
unityResearch.org
Page 2
Measuring Where You Are:
AKCREÊ
Why Research Matters
I
IJnderstanding community values and priorities helps you plan
and communicate more effectively about City decisions
T
Perception impacts behaviors you
I
[Jnderstanding community perception helps you improve and
promote the City
cane
about
Community engagement improves support for difficult
decisions
Reliable data on community priorities aids inbalancing
demands of vocal groups with the reahq of limited resources
Bottom line outcome measurement of service and trust: Good
administration requires quality measuremen t and reporting
CobaltCom
mu
nityResearch.org
Page 3
AK
Study Goals
r
r
Support budget and strategic planning decisions
Identify which aspects of community provide the greatest
leverage on citizens' overall satisfaction - and how
satisfaction, ir turn, influences the community's image and
cittzen behaviors such as volunteering, re
in the
community, recommendirg it to others and encouragtng
businesses to start up in the community
r Compare performance to 2011 trngagement & Priority
Study
T
Bench mark performance against a standardized
performance index statewid., regiona[y and na.tionatry
CobaltCom m u nityResearch. org
Page 4
AKCRËE
Methodology
¡
Random sample of 1500 residents drawn from voter records
m.o
a well-respected utility used
Utilized
internattonally by many universities and researchers to
genefate tfue random numbers
Conducted using two mailings in Âpril and Muy 2016
Valid r onse from 578 residents ) providi ng conventional
m
error of + /- 4.0 percent in the raw ^data (95Vo
con
ce) and an ACSI margin of error of + / - 1.7 percent
(95o/o confidence)
r 2016 = 578 responses (440 sample, 138 volunteer), margin of error
+
/- 4.0o/o (95Yo confidence)
(533 sample, 19 volunteer), margin of error
+ /- 4.2o/o (95 0 confidence)
Note: National surveys with a margin of erro f + / - 5o/o reqvke a
sample of 384 responses to reflect a population of 330,000,000
2011
552 res
SCS
o
I
CobaltCom
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Page 5
Bottom Line
AK
The City's overall ,\merican Customer Satisfacti.on Inder (ACSI) score is 69 (scale
1
to
.
'
.
100)
2011 Oak Creek
=
68
ÅCSI Score = 70
201.6 Volunteer ÅCSI Score = 66
201.6 Sample
There are several areas r,vhere improvement canhave significant impact. These are
not necessarily
with low (or high) scores, just rvhere impro\rement can have
^reas
the brggest bang for the buck:
2016:
t
20lL:
Government
' Economic Health
' Transportation Infrastructure
.
I
Local
Local Gor.ernment
Economic Health
Property Taxes
Llbrary
Detailed information by specific demographic groups is available to aid in policy
review
I
CobaltCom
Detail by: sample or volunteer, years of residency, own f rcnt, age, education, income,
marttal status, household composition, gender, ethnicity, Åldermanic district, job sratus,
and length of commute
m
unityResearch.org
Page 6
AKCRËE
Available Tools
Detailed questions and responses broken by demographic group and
"thermal mapped" so lower scores are red and higher scores are blue
Online portal to allow side-by-side comparisons of groups and subgroups
(for example, breaking down the scores of individuals divided by age,
gender, etc.)
Online portal allowing download
of data into MS Excel
Comparison scores with local governments in \üTisconsin, the Midwest and
across the nation
Comparison scores with non-local government comparables (industries,
Census Bureau Reglons
companies, federal agencies)
Midwcat
Nolh\1arl
hù
Þ
CobaltCom
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Page 7
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rated/ divorced
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Page 9
¡18
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Results
CobaltCom
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Page 10
Comparing 201 1 and 201 6
AK
(High score = 100)
Areas with strong impact on overall engagement
Change from
2011 Oak
2016 Oak
'11 to'16
Creek
Creek
ortation lnfrastructure
Fire and EMS
Ut¡lity Se¡vices
Police De rtment
63
70
85
88
88
85
81
83
66
62t4
Local Government
68
69
Economic Health
56
64
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72
75
Library
74
81
ACS¡ Score
68
69
Community lmage
75
76
Recommend as a place to live
Remain in community
72
73
74
72
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45
47
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59
t
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63
ü
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Understanding the Charts:
AKCREE
Community Questions Long-term Drivers
High scoring
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engagement relative to the other
areas. Âction: Muy show over
investment or under
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O
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City received hlgh scores from
citizens. They have u hgh
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ùt,
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other
s with low impact on
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investment unless pressing
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outcomes.
I m act
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Page 14
AKCREE
89
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Page 15
Highet Impact,
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Page 16
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Percentage Specifying
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I-plementing Results
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Strategy ¡s About Action:
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City of Oak Creek
Common Council Report
Meeting Date: June 21,2016
Item No.:
5
Recommendation: The Common Council approves the Request for Proposals (RFP)
invitation for the development of a community-driven strategic plan.
Background: A strategic plan serves as a community's roadmap and is used to
prioritize initiatives, resources, goals, and department operations and projects. The
strategic plan is a big-picture document directing efforts and resources towards a clearly
defined vision.
Oak Creek's last formal strategic plan was created in 1989. This plan was developed
based on the opportunities and challenges identified during that time in the City's history
Many of the recommendations from this plan were accomplished and have helped guide
the City to where it is today.
A new strategic plan is now needed to help the City remain competitive by identifying
and addressing the opportunities and challenges of today. The selected consultant will
oversee a collaborative process that will gather input from citizens, employees, elected
officials, and other important stakeholders; and will facilitate the development of a
strategic plan document for Common Council review and adoption.
Fiscal lmpact: The 2016 adopted budget included $25,000 to fund the strategic plan
Prepared by:
Respectfully submitted by:
Michael Kressuk, Jr
Assistant Fire Chief
Gerald R, Peterson, ICMA-CM
City Administrator
Fiscal Reviewed by
CMTW
Bridget M
Finance Director / Comptroller
City of Oak Creek Strategic Plan
Request for Proposals
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Table of Contents
1.0
Invitation
2.0
Introduction
3.0
Scope of Work
Consultant
Deliverables
BackgroundDocuments
4.0
5.0
3.1
3.2
3.3
Selection Process
PreliminaryScreening
Interviews
4.1
4.2
Submittal Requirements
5.1 Statement of Qualifications
5.2
Detailed Presentation of Tasks
6.0
Inquiries and Pre-submittal Meeting
7.0
Important Dates
8.0
General Terms and Conditions
1.0
Invitation
The City of Oak Creek (CitV) is seeking proposals from qualified consulting firms to assist in the
development of a comprehensive strategic plan. The successful proponent must have extensive
planning experience, including the ability to review and profile information about the City, summarize
input from other sources, elicit and guide stakeholder input, determine potential key priorities and
strategies, coordinate with City leadership in the planning process, and prepare a strategic planning
document suitable for Common Council, City staff and public review and presentation.
2.0
Introduction
The City has a population of approximately 35,000 residents. There is a variety of commercial and
manufacturing businesses, and homes in Oak Creek coupled with strong single and multi-family
residential stock. V/ith three major state highways, and a major interstate corridor within its
boundaries, the potential for growth is high. Consequently, the City has been characteúzed as one of
the fastest growing communities in Wisconsin. Major developments at Drexel Town Square, Lake
Vista, and OakView Business Park are among on-going initiatives driving development in the City.
The City has decided that anew strategic plan is needed in order to position the City in the future for
competitive advantage and best fit with the internal and external environment. The basis for the
strategic plan will be in keeping with the City's Vision Statement:
ooOak
Creek's Community Vision: In the 2l't century, the City of Oak Creek will strive
attractive suburban community. Permanent open space,
to
the lakeshore and parks, thoughtfully planned development, and citizen involvement
will define its character. Oak Creek will aim to provide avariety of land uses, housing
activities, and jobs to meet the resident's needs, maintain a stable and mixed tax base,
and provide a recognizable and attractive sense of place".
be a diverse, balanced, and
The community vision statement expresses the broad goals for the community in the future.
The budget for these professional consultant services is $25,000. In recognition of the budget and
potential work involved, the City is prepared to provide support including but not limited to the
following:
a) Identify key individuals, organizations, contacts, civic organizations, commercial businesses,
industries, schools, developers and City staff for invitation and engagement in potential 'oGoals
for the Future". The City will prepare and issue invitations for this task.
b) Assist in the location and scheduling of three to four general public or focus group meetings for
input according to the techniques suggested by the successful consultant.
c) Assist in conducting research or providing information on housing, population, manufacturing,
commercial business, employment and other subjects recommended by the consultant. The
focus will be on information if available that identifies the trends and/or projections for the
future.
d) Actively participate with the consultant in analysis and report development based on
community meeting input and response of those suggested in (a).
e) Design the follow-up "Action Plans" for each strategic issue and direction with objectives,
tasks and anticipated outcomes.
The consultant will participate in the preparation of the action plan. There will also be a plan for status
updating to the Common Council, monitoring and support by department and administrative staff.
3.0
Scope of
\ilork
The purpose of the strategic plan is to:
-
Guide the City to advance into the future with focus on the current reality, priorities, and
actions to achieve the future goals.
-
Determine expectations and priorities for the City in the next five years based on community,
governing body, anticipated resources, and staff input.
-
Evaluate existing data and information about the community, engage stakeholders for input,
and project future conditions.
-
Conduct an analysis of information with planning team.
-
Determine key priorities and strategies for the plan.
Create a shared understanding of the plan, direction and responsibility of the Common Council,
Mayor, City Administrator and staff in the future.
Develop a process for periodic monitoring and updating of the plan by governance and staff.
Prepare an implementation plan to achieve the strategies, goals, objectives, action plans and
outcomes by staff or collaborative teams.
Draft Final Report
The draft final report will be reviewed by the City team, and the comments will be included in the
final report presented to the Common Council. The consultant will make any recommendations to
the draft Strategic Plan after review and approval by the City team and key staff, and prior to the
submittal to the Common Council for adoption. The plan, inclusive of any required changes, will
become the final and published plan. The document and any supporting documents should be
produced in paper and digital formats.
3.1
Consultant
Preference will be given to a single consultant that can complete all of the tasks. A brief organizational
review will be conducted in order to give recommendations on how the plan will be implemented in a
departmental and/or team effort as well as the deliverables for specific departments if applicable.
3.2
Deliverables
The consultant will be responsible for providing expert advice throughout the project, and for the
following deliverables at a minimum:
-
Develop work/action plan to achieve the mandate of the RFP.
Conduct any necessary project coordination, including meetings and status reports to keep the
project on schedule and keep key individuals apprised ofthe process.
Orient participants in the process if necessary on the components of the planning.
Reference related key information utilized in the development of the plan.
Develop and implement opportunities and events for community and employee input including
gathering information and active engagement methods.
-
Review any other planning reports, trends and patterns that are applicable, and analyzing any
important SWOT elements. The planning team has assembled various reports in anticipation of
this planning effort.
Process and facilitate meetings, discussion and decision making.
Plan, coordinate and prepare brief minutes of all meetings, including community and employee
sessions and meetings with Common Council and staff.
Organize and facilitate public meetings with assistance of team and staff to gather and
disseminate information relevant to the process.
Plan documentation including development of draft and final report for the project including
executive summaxy.
Proponents are not limited to the deliverables as outlined above. Proposals may provide additional
deliverables as part of the Proponent's response.
Proponents are requested to provide detailed information on options for community and staff
consultation including the approach to consultation, and any external costs and time frame involved.
Proponents are further requested to recommend the most effective and efÍicient method of engaging
"stakeholderso' in the planning process.
The consultant will prepare a communication and consultation strategy to form the process to identify
the best means of communicating with the general public and any target groups.
3.3
Background Documents
The following documents will be made available to the successful proponent on the City website or emailed directly.
Moody's Investor Services information on a bond issue dated September 29,2015
Moody's Investor Services information on the Aa2 rcting dated September 10, 2015
City of Oak Creek o'3 Yeat Financial Plan'o dated2015
TIF District Values 2008 report by Doug Seymour, Director of Community Development
Municipal Facts 15 - Finance and Demographics, background. Wisconsin Taxpayers Alliance
Municipal Facts 15 - Finance and Demographics, Oak Creek customized Report. Wisconsin
Taxpayers Alliance
Strategic Development Plan, 1989, Mooney and LeSage
Parks and Open Space Plan 1986
Parke and Open Space Plan 1991
Fire Department Strategic Plan20l3
Comprehensive Plan 1952
Comprehensive Plan 1973
Comprehensive Plan 1985
-
-
4.0
Selection Process
The City of Oak Creek
will evaluate and select the best-qualified consultant for this project.
Final consultant selection will be based on critical factors such as professional and technical
competence, experience, past performance, cost, and consultant staff qualifications.
4.1
Preliminary Screening
Proponents shall submit eight (8) copies of their proposal, plus one electronic version on DVD or USB
Flash Drive to:
City of Oak Creek
ATTN: Catherine Roeske, City Clerk
8040 South 6th Street
Oak Creek, WI 53154
An envelope, plainly marked 'oTender - Strategic Planninng" shall be submitted no later than 1l:00
a.m. (CST) on July 14,2016. Envelopes or packages that are received after the date and time stated
above will be returned unopened and removed from further consideration. The City team will review
all of the proposals and determine if and how many proponents will be interviewed.
After the proposals are evaluated, proponents will be informed whether they will be evaluated further
by an in-person interview. Arrangements will be made individually with each finalist for interview,
time, and date.
4.2
Interviews
organize the key individuals of their project team. The project manager and two
other individuals selected by the proponent will be present at the interview. The project manager shall
Each proponent
will
make the bulk of the presentation.
The proponent will be responsible for bringing all visual aids, handouts, and other materials necessary
to briefly and concisely demonstrate the proponent's ability to accomplish the work outlined in the
deliverables section. The interview sequence will be as follows:
-
Remarks by panel chair covering procedures, interview sequence, time allowance, and panel
member introduction
Proponent introduces representatives, makes a 60-minute presentation addressing the rating
criteria below
Questions from the panel
Consultant questions of the panel
Closing remarks
The panel
will evaluate proponents
based on the following criteria:
Qualifications of the project team
Experience and performance on past projects
Project approach, quality assurance review procedures
Project cost
Communication plan
Project schedule and committed staff
5.0
Submittal Requirements
Proponents shall submit proposals that thoroughly respond to the items listed below. For fairness and
ease of reviewo the proposal must be organized and presented in the exact order as outlined in this
section
5.1
1
Statement of Qualifïcations
Summary of proponentos general qualifications, background, number of employees, offtce
locations, etc.
2.
Identify the local office that will handle this project.
J.
Detailed summary of the project team. Include resumes and clearly show all projects of similar
size and scope handled by the team. Only projects accomplished by the team will be
considered as appropriate experience. The proponent's experience on similar projects is not
relevant to this analysis.
4
Outline performance on projects handled by the project team identified in (3) and include
consultant fees, meeting project deadlines, project reference n¿ùme, address, and phone number.
5
Outline the proponent's liability and professional responsibility insurance and the proponent's
financial stability and capacity to carry out the scope and extent of the work needed.
6
Discuss sub-consultants that may be used and their expertise
7
Detail the proponent's quality control program and ability to keep projects on schedule and
within budget.
8.
Discuss the team's approach to the project, including any potential improvements to the scope.
5.2
Detailed Presentation of Tasks
I
Describe the precise scopo of work to be accomplished. Clearly delineate any modifications
(additions or deletions) to the scope.
2,
Provide a realistic and attainable schedule
3
Describe the organization of the project team. How will the team function, and who will work
directly with the City?
4.
Outline the method of reporting progress to the City (meetings, reports, etc.)
6.0
Inquiries and Pre-submittal Meeting
A pre-submittal meeting is scheduled for Thursday, June 30, 2016 atthe Oak Creek Civic Center at
9:00 a.m. This meeting is available to answer any questions prior to submittal of a proposal.
All inquiries regarding this RFP are to be directed in writing or by e-mail to the individual below.
Inquiries must be received no later than Friday, July 8,2016.
Citv of Oak Creek
soäo s. 6th street
WI
53154
Attention: Mike Kressuk
Email: [email protected]
Oak Creek,
7.0 Important Dates
Request for proposals sent and advertised Wednesday, June 22,2016
Pre-submittal meeting Thursday, June 30, 2016
Deadline for receipt of proposals is I 1:00 a.m. (CST) Thursday, July 14,2016
Contract anticipated to be awarded between Wednesday, August l7 , 2016 and Fridayo August 19,2016
Plan to be submitted to City by Friday, November 18,2016
Plan presented to Common Council on Tuesday, December 6,2016
8.0
General Terms and Conditions
Confidentiality
Material provided to consultant by the City relating to this work must be kept confidential. All
correspondence, documentation and information provided by City and produced during this RFP
remains the property of the City.
Proponents may designate proprietary information contained in proposals as confidential subject to the
Wisconsin Public Records Law. Any such information should be clearly marked as confidential.
Conflict of Interest
In the proposal, the Proponent shall disclose any potential conflict of interest that might compromise
performance of the work. If such a conflict of interest does exist, the City may at its discretion refuse
to consider the proposal. If during the proposal evaluation process or the agreement negotiation, the
Proponent is retained by another client giving rise to a potential conflict of interest, the Proponent shall
immediately inform the City.
Costs Incurred by Proponents
costs and expenses incurred in the preparation and submission of proposals shall be borne by the
Proponent. No payment will be made for any proposals received or for any other effort required or
made by the Consultant prior to commencement of work defined by the proposal approved by the City.
All
Errors and/or Omissions
A complete review and recommendation is required of the proposals. Any minor items not specified
but required shall be provided as if specified. The Proponent shall satisff themselves fully as to the
extent of the work required and shall provide all services required to complete the intent of the project.
Any misrepresentation of requirements within this proposal shall not relieve the bidder of the
responsibility or providing required services.
X'ollow-On Contracts
The City reserves the right to award any subsequent phases or related work on the same per-diem or
unit rates negotiated with the City. The City also reserves the right to request other proposals for this
additional work.
Influence
Proponents and their agents shall not contact any member of the Common Council or City staff with
respect to this RFP, other than the designated City representative.
Indemnity
The consultant will indemniff and save harmless the City, its employees and agents from and against
all claims, demands, losses, damages, costs and expenses made against or incurred or suffered or
sustained by the City at any time or times (either before or after the expiration or sooner termination of
this contract), where the same or any of them are based upon or arise out of or from anything done or
omitted to be done by the consultant, or by any servant, employee, offïcer, director or subcontractor of
the consultant pursuant to the contract.
fnsurance
The final contract may contain provisions for insurance depending on the services to be provided in
any potential situations requiring such insurance.
Non-Collusion
A Proponent shall not discuss or communicate directly or indirectly with any other Proponent or their
agent about the preparation of the proposals. Any Proponent is expected to avoid collusion or fraud. If
the City discovers any breach of this requirement, it reserves the right to disqualiff the proposal or
terminate any ensuing agreement.
Ownership of Proposals and Wisconsin Public Records Law
All documents including proposals submitted to the City become the property of the City and may be
subject to any applicable Wisconsin Public Records Law. By submission of a proposal, the Proponent
agrees to public disclosure of any contents required by any law or regulation. The proponent's name at
a minimum shall be made public on request. Any information that the Proponent considers "personal
information" because of propriety nature should be marked "confidential" and subject to the V/isconsin
Public Records Law.
Payment Hold Back or Performance Assurance
The contract may contain provisions whereby the City may hold back a portion of the total contract
price or require the provision of some other form of performance until the requirements of the contract
have been met.
Subcontracting
Utilizing a sub-contractor who is clearly identified within the proposal is acceptable. This may also
include submission by two Proponents having no corporate links. One Proponent must be prepared to
take overall responsibility for successful provision of the services and must be defined in the proposal.
Terms of Payment
The successful consultant shall be reimbursed on an invoiced basis for actual work completed and time
spent on the project. Invoices are to include supporting documentation for all disbursements.
Disbursements will be paid at cost. Invoices submitted by the Consultant shall include project title,
description of the work completed and a billing summary. This may include if applicable the budget
cost, amount invoiced to date and total amount for each designated task.
Additional Comments
The consultant should anticipate entering into a contract with the City of Oak Creek. The City of Oak
Creek reserves the right to negotiate all terms and conditions with all parties, to waive any formalities,
to negotiate final costs, to accept the proposal determined to be the most advantageous to the City of
Oak Creek, and to reject any or all proposals.
All qualified proponents will receive consideration without regard to race, sex, handicap, religion,
creed, political affiliation, color, or national origin.
The contents of this'oRequest for Proposal" are for informational purposes only, and the
representations made herein, though thought to be accurate, are without warranty. Proponents should
rely exclusively on their own investigations and analyses.
City of Oak Creek
Common Council Report
Meeting Date:6121116
Item
No. (O
Recommendation: That the Common Council consider Ordinance No. 2811, an Ordinance
to Repeal and Recreate Section 7.44 oÍ 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.
by:
Respectfully subm itted,
#-Melissa L. Karls
City Attorney
Fiscal Review by:
ridget
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.INICIPAL 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 Munici pal Code is repealed and recreated to read as follows:
SEC. 7,44 LIMITATION OF TOTAL OF' THREE DOGS.
No owner, person or family residing within the City shall keep more than three (3) dogs on premises
occupied by him 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.
Introduced this
_
Passed and adopted
Approved this
day of June,2016.
this
this
day
day
of
of
2016.
20r6
President, Common Council
ATTEST:
Mayor
VOTE:
City Clerk
Ayes
_
Noes
_
REVISED
City of Oak Creek
Common Council Report
Meeting Date: 06/21 12016
Item No.
,7
Recommendation: That the Common Council adopt Ordinance No. 2805. An ordinance to Repeal and
Recreate Section 2.05 of the Municipal Code to Change the Polling Place Locations for the City of Oak Creek.
Common Council selected the National Guard Armory on June 7,2016.
Background: School safety and elections at schools is a topic of nationwide concern. While the school
shootings 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
Commission on Election 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 City 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 is that buildings owned by the public 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. All voters with a permanent change in voting site will be
notified by postcard in July 2016.
The polling site changes are:
DtsTRtcT 4, WARDS 10-11-12
(Currently at Deerfield Elementary School)
Beginning 08/09/16
Move to National Guard Armory
8520 South Howell Avenue
Fiscal lmpact: Costs to notify District 4 voters will be approximately $1100.00 to be taken from General
Government Account, Election Costs. These costs would be for postcards mailed to the affected district
residents.
Respectfully submitted by:
by:
Catherine A Roeske
City Clerk
Gerald Peterson
City Administrator
Fiscal review by:
Finance Director /
m
Revised
ORDINANCE NO. 2805
COMMITTEE OF THE WHOLE
AN ORDINANCE TO REPEAL AND RECREATE SECTION 2.05 OF THE MUNICIPAL
CODE TO CHANGE THE POLLING PLACE LOCATIONS FOR THE C]TY OF OAK
CREEK.
The Common Council of the City of Oak Creek, Wisconsin do hereby ordain as
follows:
Section
1:
Section 2.05 is hereby repealed and recreated to read as follows:
(a) Polling Places Designated. The following locations are designated City
polling places:
(1) First Aldermanic District.
a. place. Scfroolndministration Building, 7630 S. 1Oth Street.
b. Wards. Ward Nos. 1, 2 and 3.
(2) Second Aldermanic District
School,8601 S. 13th Street
a.
Nos.4,
5 and 6.
Ward
b. Wards.
(3) Third Aldermanic District
a. Place. East Middle School, 9330 S. Shepard Avenue
b. Wards, Ward Nos. 7, 8 and 9
(4) Fourth Aldermanic District
a. Place. National Guard Armory, 8520 S. Howell Avenue
b. Wards. Ward Nos. 10,11 and 12
(5) Fifth Aldermanic District
a. Place. Parkway Church, 10940 South Nicholson Road
b. Wards. Ward Nos. 13, 14 and 15
(6) Sixth Aldermanic District
a. Place. Community Center, 8580 S. HowellAve.,
b. Wards. Ward Nos. 16,17 and 18
me
(b) Polling Hours. The polls on each Election Day shall remain open for voting
from 7:00 a.m. until 8:00 p.m.
(c) Political Party Gommittees. Pursuant to the authority of Sec. 8.17(b), Wis.
Stats., one political party committeeman or committeewoman shall be elected
for each election district.
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 full force and effect from
and after its passage and publication, as required by law.
lntroduced at a regular meeting of the Common Council this 21st day of June
2016.
2016
day of
Passed and adopted this
-,
Approved this
_
day of
President, Common Council
2016.
Mayor
ATTEST:
VOTE: Ayes
City Clerk
Noes-
City of Oak Creek
Common Council Report
Meeting Date: June
21
,2016
Item No.:
Recommendation: That the Common Council adopt Resolution 11713-062116, a Resolution
authorizing the issuance and sale of $5,825,000 in Taxable General Obligation Promissory
Notes, Series 20164 for providing City grant incentives for two projects in Tax lncrement District
#11.
Background: A TIF project plan and financing for TID 11 have been reviewed and approved by
the Common Council. This plan includes City TIF grant incentives in the amount of $1,450,000
to support the location of a 1 12 room Marriott Town Place Suites Hotel and $5 million to support
the construction of a 135,000 square foot Medical Office Building to be occupied by Froedtert
Hospital. Attached is a Resolution which authorizes the issuance and sale of $5,825,000 in
Taxable General Obligation Promissory Notes to pay the cost for these grants. (Note: only $4
million of the $5 million incentive payment for the Medical Office Building is included). lt is
anticipated permanent financing for these grants will be obtained prior to December 1, 2018.
City staff has been working with Paul Thompson from Hutchinson, Shockey, Erley & Co. in the
development of the Preliminary Official Statement associated with the sale of these bonds (POS
enclosed). We are pleased to announce the City has maintained its Aa2 bond rating in
connection with this bond issuance. These are three year temporary taxable bonds which are
expected to be replaced with permanent financing in 2018.
Paul Thompson from Hutchinson, Shockey, Erley & Co. will be at the meeting to answer any
additional questions the Council may have.
Fiscal lmpact: The debt service on these bonds is expected to be paid through the tax
increment generated by the construction of a 112 ¡oom hotel and 135,000 square foot medical
office building within TID 11 as part of the overall Drexel Town Square development plan. Each
of these projects has guaranteed minimum values as part of a negotiated development
agreement which will protect Oak Creek taxpayers from costs associated with the issuance of
these bonds. Attached is a history of TID 11 values through 2015 and an estimate of the values
of the various parcels contained in the District at their anticipated full build-out assessed
valuations.
Fiscal Review by:
Finance
Di
So
rector/Com ptroller
Prepared and Submitted by:
Gerald R. Peterson, ICMA-CM
City Administrator
ð
City of Oak Creek
TIF D¡str¡cts
t
TID No.
LT
20L3
Base Year
Increment
YeaI
20L3
20L4
20L5
% change
(annual)
Value
L,ozz,7oo
S 881,300 -L3.83%
5 zz,ggt,9oo 2498.20%
5
City of Oak Creek - TID
#Ll
s25,000,000
s20,000,000
s15,000,000
t lncrement
s10,000,000
S5,ooo,ooo
s20L3
-
* ln 2015, DrexelTown Square was added.
2014
20L5
Value
Drexel Town Square Valuation Proþct¡on
One WestDrexel,
t"LC
Oak Creelç Wl
June 16 2016
r 9tÙEPF!rrrrr.
Bank
Reta¡l
Lot
- Phase 1
0
A2 - Phase 2
0
0
o
0
0
0
I
B1
82
_W
&
84
c1
2
Commercial
Commerc¡al
0
0
0
0
0
0
0
o
0
10,000
0
0
0
0
3,556
0
0
0
E I E E I
0
I
0
8,000
9396
0
43,æ0
0
0
I
0
0
0
I
lloß¡nrB
lloúsln8A
Hotêl
Rest.
I
5J,JTV
I
0
3,556
Commerclal & Resldential
Retall
7,3æ
0
,^086
1,180
0
0
0
30,380
16,(x)0
0
0
0
0
0
0
0
0
0
0
0
6,500
0
0
0
0
0
0
0
0
Restaurant
Restâurent
0
4,433
0
0
0
0
0
0
Commerc¡al
0
0
0
0
0
0
0
Value
SF
0
0
0
0
0
0
Total
dtrlc
Sen. llouslng
0
0
0
0
0
I
I
0
0
0
0
o
0
o
0
I
0
0
0
0
0
0
0
0
s
$
s
s
0
0
0
0
28,000
0
0
s
s
10p00 s
7,1ül s
lrpü s
.16,000 s
10¡00 s
g,39ç
---
E
8,0(x1
1,413
I
3
/
SF
s
Total Valua
26,750,000.00
Year of Full Value
2018
of
7
250.q)
2018
2017
16s.q)
165.Cl()
2015
145.00
165.00
16s.00
2015
16s.0o
16s.00
145.00
2017
165.00
2016
200.m
328.08
- s8.180.000
2015
s
3
1,454,¿100.00
20t6
2,8693æ.00
2015
MAV-
MAV-$6,000,(no
Parcel 15
Hotel
0
0
0
0
0
0
0
0
Senlor Houslnc
N2
0
60,000
0
0
60.000
S
18o.oo
185,000
s
76.00
S
1os.9s
s
loo.m s
0
0
N
0
0
0
0
0
0
416,535
0
0
0
0
0
0
0
0
o1
02
o3
Resldent¡el
0
0
0
0
Resldentlal
0
0
0
0
0
0
Parklnc
Restaurant
Gluffre Parcel
Resldentlal
0
0
0
192,535
0
0
0
0
ßas3!
224,ffi
t24,00o
0
0
0
0
0
250,000
s
10,9þ,000.(x)
20L7
14,060,000.00
2019
25,0q,,000.q)
¡1,53¿020.00
Approx. 108 Rooms @ $100K / Room
Property & Room Tax goes toward TIF
e164.(m e*lmated annual room tax
2017
MAV - s16,700,000 (2019)
2019
250 Units @51æ,000 Per unit
RESOLUTION NO.
ll7
13-062116
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
$5,825,000 TAXABLE GENERAL OBLIGATION PROMISSORY NOTES, SERIES 2016A
WHEREAS, the Common Council hereby finds and determines that it is necessar¡
desirable and in the best interest of the City of Oak Creek, Milwaukee County, Wisconsin (the
"City") to raise funds for public purposes, including payment of development incentives in Tax
Incremental District No. l1 (the "Project");
that the Project is within
that term is defined in
WHEREAS, the Common Council hereby finds
the City's power to undertake and therefore serves a
Section 67.04( I Xb), Wisconsin Statutes;
12(12\, W'isconsin
such public
V/HEREAS, cities are authorized by the
Statutes, to borrow money and issue general
pulposes;
WHEREAS, due to certain provisions
amended, it is necessary to issue
Internal
notes
of 1986,
as
a taxable rather
than tax-exempt basis; and
V/HEREAS, it is the finding
the
the best interest of the
Erley
Shockey,
&
purchase
necessary, desirable and in
notes to Hutchinson,
to
and
conditions of its note
herein by this reference (the
"Proposal").
the Common Council of the Citythat:
For the purpose of paying the cost of the
Section 67.12(12), Wisconsin Statutes, the princþal
be
Project,
TWENTY.FIVE THOUSAND DOLLARS
ON EIG
sum of FIVE
($5,825,000)
with the terms and conditions of the Proposal.
the Mayor and City Clerk or other appropriate officers of
The Proposal is
to execute an acceptance of the Proposal on behalf of the
the City are authorized
of the City, the Mayor and City Clerk are hereby authorized,
City. To evidence the
make,
execute, issue and sell to the Purchaser foro onbehalf of and in
empowered and directed to
the name of the City, taxable general obligation promissory notes aggregating the principal
amount of FIVE MILLION EIGHT HUNDRED TWENTY-FIVE THOUSAND DOLLARS
($5,825,000) (the "Notes") for the sum set forth on the Proposal, plus accrued interest to the date
of delivery.
Section 2. Terms of the Notes. The Notes shall be designated "Taxable General
Obligation Promissory Notes, Series 2016A"; shall be issued in the aggregale principal amount
of $5,825,000; shall be dated their date of delivery; shall be in the denomination of $5,000 or any
integral multþle thereof; shall be numbered R-l and upward; and shall bear interest at the rates
QB\40030108.
L
per annum and mature on December 1, 2018 as set forth on the Pricing Summary attached hereto
as Exhibit B-1 and incorporated herein by this reference. Interest shall be payable semi-annually
on June I and December I of each year cornmencing on December 1,2016. Interest shall be
computed upon the basis of a 360-day year of twelve 30-day months and will be rounded
pursuant to the rules of the Municipal Securities Rulemaking Board. The schedule of principal
and interest payments due on the Notes is set forth on the Debt Service Schedule attached hereto
as Exhibit B-2 and incorporated herein by this reference (the "Schedule").
Section 3. Redemption Provisions. The Notes shall be subject to redemption prior to
maturity, at the option of the City, on December 1,2017 or on any date thereafter. Said Notes
principal amount thereot
shall be redeemable as a whole or in part, and if in part, by
plus accrued interest to the date of redemption.
Section 4. Form of the Notes. The Notes shall
executed and delivered in substantially the form
herein by this reference.
registered form and shall be
and incorporated
Section 5. Tax Provisions.
the
the purpose
and
the tull
the same
principal of and interest on the
levied
upon
all of the
pledged,
is
hereby
resources of the City are
2016 through}0lT for
taxable property of the City a
the
on the Schedule. The
years
2016
the payments due in the
service due on the Notes
20t6
amount of tax levied
onto the tax rolls shall
carried
that
years
2016
in the
(D) below which are applied to
to
be abated by any
year 2016.
the N
payment of principal
of the principal of or interest on the
be and
without power to repeal such levy or
unpaid,
Notes
payments have been made or provided for. After
of
tax
obstruct
from year to year, carried onto the tax ro11 of the City
Notes,
the issuance
and in the same manner and at the same time as other
to
and collected in
years
collected, except that the amount of tax carried onto the tax
taxes of the City
the amount of any surplus money in the Debt Service Fund
roll maybe reduced
Account created below.
So
at any time there shall be on hand insufficient ñrnds
from the aforesaid tax levy to meet principal and/or interest payments on said Notes when due,
the requisite amounts shall be paid from other funds of the City then available, which sums shall
be replaced upon the collection of the taxes herein levied.
(C) Additional Funds. If
(D) Appropriation. The Cityhereby appropriates from taxes levied in
the issuance of the Notes, proceeds of the Notes or other funds of the City on
of
anticipation
hand a sum sufficient to be irrevocably deposited in the segregated Debt Service Fund Account
-2QB\40030r.08.l-
created below and used to pay the interest on the Notes coming due on December 1,2016 as set
forth on the Schedule.
Section
6.
Sesregated Debt Service Fund Account.
(A) Creation and Deposits.
There be and there hereby is established in the
one has not already been created, a debt service fund, separate and distinct
from every other fund, which shall be maintained in accordance with generally accepted
treasury of the City, if
accounting principles. Debt service or sinking funds established for obligations previously
issued by the City may be considered as separate and distinct accounts within the debt service
tund.
rWithin the debt service frrnd, there hereby is
and distinct account
uDebt
General Obligation
Service Fund Account for $5
designated as the
Fund Account") and
PromissoryNotes, Series 2016A, dated July 6, 20
Notes is fully paid or
such account shall be maintained until the
Fund Account (Ð
deposit ln the Debt
otherwise extinguished. The City
Notes; (ii)
ofand
of
the
City
at
all accrued interest received by
value of the
and accrued
any premium which may be received by the City
appropriated
any
(iii)
and
by
the
taxes
money
all
interest thereon;
on the Notes when due; (iv) such
ofand
for the specific purpose of
pay
and interest on the Notes when
as
maybe
sums
other
and (vi) such fi¡rther
as
due; (v) surplus monies in the
Section
deposits as may be
N
from the Debt Service
payment
of principal of and
the
Fund Account
has been paid in full and the Notes
interest on
of princþal of and interest on the
the
of taxes
the next succeeding tax collection maybe
to the
Notes
of
America maturing in time to make such
States
o
of
permitted by law; and (ii) any funds over
1n
payments
are
payments
on the Notes may be used to
interest
of
and above the
tax
or may, atthe option of the Cit¡ be invested by purchasing
reduce the next
and
ect to Section 67.11(2)(a), Wisconsin Statutes, or in permitted
the Notes as
pertinent provisions of the Wisconsin Statutes ("Permitted
municipal investments
shall continue to be apart of the Debt Service Fund Account.
Investments"), which
(C) Remaining Monies. When all of the Notes
have been paid in
full
and
canceled, and all Permitted Investments disposed of anymoneyremaining in the Debt Service
Fund Account shall be transferred and deposited in the general fund of the City, unless the
Common Council directs otherwise.
Section 7. Proceeds of the Notes: Segregated Borrowed Money Fund. The proceeds of
the Notes (the "Note Proceeds") (other than any premium and accrued interest which must be
paid at the time of the delivery of the Notes into the Debt Service Fund Account created above)
-3QB\400301-08.
L
shall be deposited into a special fund separate and distinct from all other funds of the City and
disbursed solely for the purposes for which borrowed or for the payment of the principal of and
the interest on the Notes. Monies in the Borrowed Money Fund may be temporarily invested in
Permitted Investments. Anymonies, including any income from Permitted lnvestments,
remaining in the Borrowed Money Fund after the purposes for which the Notes have been issued
have been accomplished, and, at any time, any monies as are not needed and which obviously
thereafter cannot be needed for such purposes shall be deposited in the Debt Service Fund
Account.
The Notes shall be
or facsimile signatures of
issued in printed form, executed on behalf of the City by the
(defined below), sealed
if
required,
by
authenticated,
City
Clerk,
Mayor
and
the
to the Purchaser
with its official or corporate seal, if any, or a facsimile
interest to the date of
upon payment to the City of the purchase price
executing the Notes
the
delivery (the "Closing"). The facsimile signature
but, unless the City
the
maybe imprinted on the Notes in lieu of the
signatures
at
least
one
N
has contracted with a fisca1 agent to
event that
appearing on each Note shall be a manual
such
be
officers before
whose signatures appear on the Notes shall
to the
extent as if they
and
signatures shall, nevertheless, be
and
hereby
authorized
are
The
had remained in office until the
such documents, certificates and
the Notes
directed to do all acts and
the Closing. The City
to
may
be
acknowledgønents as
its behalt agreements and
enter
and
hereby authorizes the
and contracts for
to
agreements
Notes,
in
contracts
and rebate calculation services.
and
legal, trust, fiscal
th the issuance of the Notes is hereby
into in
Any such contract
ratified and
Notes
in
paid by
The principal of and interest on the
(the "Fiscal Agent").
or City
The City shall cause books
the Notes to be kept by the Fiscal Agent. The person in
for the
for the
shall be deemed and regarded as the absolute owner
be
whose name any
of either principal or interest on any Note shall be made
thereof for all purposes
All such payments shall be valid and effectual to satisfy
only to the registered
such Note to the extent of the sum or sums so paid.
and discharge the liability
Any Note may be transferred by the registered owner thereof by surrender of the Note at
the office of the Fiscal Agent, duly endorsed for the transfer or accompanied by an assignment
duly executed by the registered owner or his attorney duly authorized in writing. Upon such
transfer, the Mayor and City Clerk shall execute and deliver in the name of the transferee or
transferees a new Note or Notes of a like aggregate principal amount, series and maturity and the
Fiscal Agent shall record the name of each transferee in the registration book. No registration
shall be made to bearer. The Fiscal Agent shall cancel any Note surrendered for transfer.
-4oB\400301-08.1
The City shall cooperate in any such transfer, and the Mayor and City Clerk are
authorized to execute any new Note or Notes necessary to effect any such transfer.
ll.
RecordDate. Thefifteenthdayof eachcalendarmonthnextprecedingeach
Section
interest payment date shall be the record date for the Notes (the "Record Date"). Payment of
interest on the Notes on any interest payment date shall be made to the registered owners of the
Notes as they appear on the registration book of the City at the close of business on the Record
Date.
Section 12. Utilization of The Depository Trust Company Book-Entry-Only System. In
Trust Company,
order to make the Notes eligible for the services provided by
set forth in the
New York, New York ("DTC"), the City agrees to the
City and on file in
the
previously
Representations
Letter
of
Issuer
Blanket
the City Clerk's office.
Section 13. Official Statement. The
Official Statement with respect to the Notes
t2
"final" as of its date for purposes of SEC
Exchange Commission pursuant to the Securi
actions taken by officers of the City in connection
or final
Official Statement and any
approved. In connection with
or final
Preliminary Official Statement and
any
cause copies of the Preliminary
be distributed to the
The
Purchaser to
the obligations
Undertaking shall
'). All
of
ratified and
official shall certi$ the
The City Clerk shall
S
final Official Statement to
are hereby
The City hereby covenants
to enter into a written undertaking (the
disclosure of certain financial
the occurrence of certain events in
be enforceable by the owners of the Notes or
þrovided that the rights of the owners and the
limited to a right to obtain specific performance of
by the City to comply with the provisions of the
of default with respect to the Notes).
of the
and agrees, for the
by the
by
Act of 1934
the Preliminary
Statement as
and
the Rule, the Mayor and City Clerk, or other officer of the
To the extent
for issuing the Notes, shall provide a Continuing Disclosure
City charged with the
Certificate for inclusion in the transcript of proceedings, setting forth the details and terms of the
City's Undertaking.
Section 15. Record Book. The City Clerk shall provide and keep the transcript of
proceedings as a separate record book (the "Record Book") and shall record a fulI and correct
statement of every step or proceeding had or taken in the course of authorizing and issuing the
Notes in the Record Book.
-50B\400301-08.
L
Section 16. Bond Insurance. If the Purchaser determines to obtain municipal bond
insurance with respect to the Notes, the officers of the City are authorized to take all actions
necessary to obtain such municipal bond insurance. The Mayor and City Clerk are authorizedto
agrce to such additional provisions as the bond insurer may reasonably request and which are
acceptable to the Mayor and City Clerk including provisions regarding restrictions on investment
of Note proceeds, the payment procedure under the municipal bond insurance policy, the rights
of the bond insurer in the event of default and payment of the Notes by the bond insurer and
notices to be given to the bond insurer. In addition, any reference required by the bond insurer to
the municipal bond insurance policy shall be made in the form of Note provided herein.
All prior resolutions,
rules or other actions of the Common Council or anyparts
hereof shall be, and the same are, hereby rescinded
event that any one or more provisions hereof shall for
such illegality or invalidity shall not affect any
effect immediately upon adoption and
Adopted, approved and recorded J
with the provisions
so conflict. In the
held to be illegal or invalid,
The foregoing shall take
law.
2016
S
ATTEST:
Roeske
(sEAL)
City
-6QB\40030i-08.l-
EXHIBIT A
Note Purchase Proposal
To be provided by Hutchinson, Shocke¡ Erley
& Co. and incorporated into the Resolution.
(See Attached)
QB\400301-08. L
EXHIBIT B-1
Pricing Summary
To be provided by Hutchinson, Shockey, Erley & Co. and incorporated into the Resolution.
(See Attached)
QB\400301-08.
L
EXHIBIT B.2
Debt Service Schedule and Irrepealable Tax Levies
To be provided by Hutchinson, Shockey, Erley & Co. and incorporated into the Resolution.
(See Attached)
QB\40030108.1
EXHIBIT C
(Form ofNote)
UNITED STATES OF AMERICA
STATE OF WISCONSIN
REGISTERED
MILWAUKEE COUNTY
CITY OF OAK
NO. R.
TAXABLE GENERAL OBLIGATION
MATURITY DATE:
December 1,2018
$
SERIES 2016A
T
ORIGINAL
July
DOLLARS
RATE:
CUSIP:
6
DEPOSITORY OR ITS NOMINEE NAME:
THOUSAND DOLLARS
PRINCIPAL AMOUNT:
County, Wisconsin (the
to the Depository or its Nominee
assigns), on the maturity date
and to pay interest thereon at the rate of
provisions set forth herein regarding
semi-annually on June I and December I
shall
1,2016 until the aforesaid princþal amount is paid in
of
Note are payable to the registered owner in lawful
of
tuIl. Both
on any interest payment date shall be paid by wire
States.
money of the
name this Note is registered on the Bond Register maintained
tn
transfer to the
(the "Fiscal Agent") or any successor thereto at the close of
by the City Clerk or
month next preceding the semi-annual interest payment
business on the l5th
Note is payable as to principal upon presentation and surrender
date (the "Record Date")
hereof at the office of the Fiscal Agent.
FOR
"City"), hereby
Name (the "D
the
identified
interest
prior to
the
to owe
(or
For the prompt payment of this Note together with interest hereon as aforesaid and for the
levy of taxes sufficient for that putpose, the fullfaith, credit and resources of the City are hereby
irrevocably pledged.
This Note is one of an issue ofNotes aggregating the principal amount of $5,825,000, all
of which are of like tenor, except as to denomination, interest rate, maturity date and redemption
provision, issued by the City pursuant to the provisions of Section 67 .12(12), V/isconsin Statutes,
QB\400301-08.1-
for public purposes, including payment of development incentives in Tax Incremental District
No. 11, all as authorized by a resolution of the Common Council duly adopted by said governing
body at a meeting held on June 21, 2016. Said resolution is recorded in the official minutes of
the Common Council for said date.
The Notes are subject to redemption prior to maturit¡ at the option of the City, on
December 1,2017 or on any date thereafter. Said Notes are redeemable as a whole or in part,
and if in part, by lot (as selected by the Depository), at the principal amount thereof, plus accrued
interest to the date of redemption.
as the Notes are in
In the event the Notes are redeemed prior to maturi
mailing a notice by
book-entry-only form, official notice of the redemption
electronic
registered or certified mail, overnight express deli
not less than
Depository
transmission or in any other manner required by
If less than all of the
thirty (30) days nor more than sixty (60) days
to be redeemed
of
such
the
Notes of a maturity are to be called for
the
but not be limited to the
will be selected by lot. Such notice will
CUSIP
and the
for
the
Notes
designation, date and maturities of
presumed to
shall be
date of redemption. Any notice provided as
Notes shall
The
the
given,
registered
or
duly
whether
have been
that federal or other immediately
date
cease to bear interest on the
of the Depository at
on
for
funds
sufficient
available
no longer be deemed to be
the
that time. Upon such deposit of funds
outstanding.
It is
and
and in
exist or to be done
existed
and acts required by law to
the issuance of this Note have been done, have
that the aggregate indebtedness of the
herewith, does not exceed any
State of Wisconsin; and that a direct annual
ted that
City,
by
has been
pay this Note, together with the interest thereon,
when and as
upon the books of the City kept for that pulpose at the
This Note
the
event that the Depository does not continue to act as
office of the Fiscal
City appoints another depository upon surrender of the Note to
depository for the Notes,
owner in person or his duly authorized attorney, together with
Agent,
by
the
the Fiscal
a written instrument of transfer (which may be endorsed hereon) satisfactory to the Fiscal Agent
duly executed by the registered owner or his duly authorized attorney. Thereupon a new fully
registered Note in the same aggregate principal amount shall be issued to the new depository in
exchange therefor and upon the payment of a charge sufficient to reimburse the City for any tax,
fee or other governmental charge required to be paid with respect to such registration. The
Fiscal Agent shall not be obliged to make any transfer of the Notes (i) after the Record Date, (ii)
during the fifteen (15) calendar days preceding the date of any publication of notice of any
proposed redemption of the Notes, or (iii) with respect to any particular Note, after such Note has
-2QB\40030108.
L
been called for redemption. The Fiscal Agent and City may treat and consider the Depository
whose name this Note is registered as the absolute owner hereof for the purpose of receiving
payment of or on account of, the principal or redemption price hereof and interest due hereon
and for all other purposes whatsoever. The Notes are issuable solely as negotiable, fully-
in
registered Notes without coupons in the denomination of $5,000 or any integral multiple thereof.
No delay or omission on the part of the owner hereof to exercise any right hereunder shall
impair such right or be considered as a waiver thereof or as a waiver of or acquiescence in any
default hereunder.
IN WITNESS WHEREOF, the City of Oak Creek,
governing body, has caused this Note to be executed for
facsimile signatures of its duly qualified Mayor and
or corporate seal, if any, all as of the original date
OF
County,'Wisconsin, by its
its
by the manual or
to
sealed with its official
CREEK,
COUNTY
IN
By:
(sEAL)
A. Roeske
Clerk
,3QB\40030108.
l-
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
(Name and Address of Assignee)
(Social Security or other Identi$ing
the within Note and all rights thereunder and hereby
Legal
the books kept for regishation thereof,
with fulI
Assignee)
and appoints
transfer said Note on
in the premises.
Dated:
Signature Guaranteed:
omineeName)
(e.g. Bank, Trust Company
or Securities Firm)
must correspond with the
or Nominee Name as it
of
the face of the within Note in every
without alteration or enlargement or any
whatever.
(Authorized
-40B\40030108.1
q
City of Oak Creek
Common Council Report
Report Date: June 21,2016
Recommendation: That the Common Council concur with the Personnel Committee's
Recruitment Profile and salary range recommendation to assist in the hiring of the next City
Administrator.
Background: At the May 17,2016 Common Council meeting, the Council authorized
Lee
Szymborski of GovHR USA to assist in the hiring of the next City Administrator.
Lee Szymborski of GovHR USA has prepared and posted the City Administrator job posting,
with an application deadline of July 12,2016. The current posting indicates a current salary of
$120,000, with possible higher starting salary under review.
On June 7, 2016, Lee Szymborski discussed the salary range of our City Administrator
recruitment with the Personnel Committee. Lee informed the Committee that City Administrator
salaries from other local municipalities range from $105,000 - $150,000. He recommends we
advertise a range of $125,000 - $135,000. This will help Oak Creek remain competitive with
municipalities such as Bayside, Franklin, Glendale, Grafton, Hales Corners, Mequon,
Oconomowoc, St. Francis and Wauwatosa; as well as the current West Bend City Administrator
recruitment.
According to Ordinance 2585, the City Administrator salary shall be determined as follows:
SECTION 2.42 MUNICIPAL OFFICERS AND EMPLOYEES
Sec. 2.42
(Ð
CITY ADMINISTRATOR.
Salary. The salary of the City Administrator shall be as the Common Council
shall determine and prescribe, and shall be reviewed annually in conjunction with
his/her performance evaluation.
The goal of the Recruitment Timeline is to have a City Administrator begin on or before
September 19,2016.
Fiscal lmpact: The current City Administrator salary $120,000. The proposed increase will be
budgeted Íor in 2017 accordinglY.
Prepared and submitted by:
/440ø,1
Fiscal Review by:
M
Becky Schermer
Human Resources Manager
M
Finance
GorrFIRusA
Voorhees Associates GovTempsUSA
Proposed Recruitment Calendar for the City of Oak Creek, Wl
City Administrator Position
June7,2Ot6
June 8, 2016
June 9, 2016
June 18, 2016
June
2L,2Ot6
L2,2076
July 12,201.6- August 2,2Ot6
July
Consultant meets with City officials and seeks
input on candidate experience, background;
organizational challenges, opportunities;
community challenges, issues, etc.
Consultant submits draft Position
Announcement to the HR Manager for review
and approval.
Position Announcement ads placed.
Consultant submits draft Recruitment Profile
to the Citv for review and approval.
Consultant meets with Personnel Committee
for recruitment process check-in, and to
finalize profile; Next day, the Recruitment
Profile is placed on GovHR USA Website and
sent to potential candidates.
Deadline for resumes
Consultant reviews resumes, interviews
candidates, conducts background reviews, due
diligence, etc. Consultant narrows field to 8
10 candidates for further consideration.
Consultant's Recruitment Portfolio received by
the City.
Consultant meets with City offícials to revlew
candidates for the lnterview.
City conducts tours, candidate reception and
ltt lnterviews.
City conducts 2nd lnterviews, if necessary
-
August 2,2OL6
August 4,201.6
Week of August t5,2OL6
Week of August 22,2016
CITY OF OAK CREEK WISCONSIN
CITY ADMINISTRATOR
City Administrator, Oak Creek, WI (pop. 35,243). Vibrant and growing suburban community,
Oak Creek is located along the western shore of Lake Michigan and south of the City of
Milwaukee. Residents enjoy Oak Creek's suburban and rural atmosphere, taking advantage of
urban-style city services and easy accessibility to the metro area's recreational and cultural
activities. Oak Creek is "Where City Meets the Country."
First established in 1955, the City has a rich history. Today, Oak Creek is one of the fastest
growing cities in Milwaukee County. From 2000 to 2010 the population grew over 20 percenf
and more growth is projected. In addition to population growth, over the last 10 years the City
has seen significant retail and industrial growth. The City also has aggressively been working
on plans for redeveloping former industrial properties within the City. A new downtown,
known as the Drexel Square Town Center, is a lively residential, retail and restaurant area
where the City also opened a new civic center including a City Hall and library facility in late
2015.
The City is seeking a progressive and collaborative professional with strong management skills.
Proven financial/analytical skills are required. Community and economic development
expertise is desired. Organizational development human resources, and labor-management
experience is also preferred.
Oak Creek is a full-service City including Police, FireÆMS, Engineering Streets (streets, parks
and forestry), Water & Sewer, Community Development, Library, Recreatiory Health and
administrative support services. The City has more thart220 full-time employees, three unions,
a $23 million general fund budget (with aU funds, including TIF, totaling near $75 million) and
is rated AA2.
Candidates must have a minimum of a BA in business or public administration; five or more
years of increasingly responsible municipal executive-level experience preferred. Assistant
administrator experience, or related municipal management or leadership experience in a larger
community, will also be considered. Comfort in a fast-paced, demanding and rewarding
environment is essential. A Master's degree in public administratiory business administration or
other advanced executive level training such as ICMA Credentialed Manager is desired.
Candidates must possess proven managerial, interpersonal, communication and leadership
skills to direct a financially strong and complex organization. Current salary $12O000; possible
higher starting salary under review. Excellent benefit package. Candidates should apply by July
12, 20'1,6 with resume, cover letter and contact information for five work-related references to
r^'r,vw.govhrusa.comlcurre¡lt-positior'ìslrecrtûtrnerìt to the attention of Lee Szymborski, Senior
Vice President, GovHR USA, 630 Dundee Road #13O Northbrook, IL 60062.Te1: 847-380-3240.
3ffi GovHRusn
Voorhees Associates GovTemPsUSA
CITY ADMINISTRATOR
OAK CREEK, WISCONSIN
.
GovHR USA is pleased to announce the recruitment and:selection process for a City
Administrator for the City of Oak Creek, Wisconsin. This brochure provides background
information on the City and its organization, as wellasihe requiiements and expected
qualifications for the position. Candidates shoql{ apply by July 12,20t6 with resume, cover
letter and contact information for five work-related references to w-ww.#-or¿.1-lr:Wg,ço-ml-Ç"Ul"i9llL:
MtotheattentionofLeeSzr7mborski,SeniorVicePresident,GovHRUSA,
630 Dundee Road, #130, Northbrook, lL 60062. Tel: 847-380-3240. The City of Oqk Creek is an
Equal Opportunity EmploYer.
ANNOU NCEMENT AND EXECUTIVE SUMMARY
City Administrator, Oak Creek, Wl (pop. 35,243). Vibrant and growing suburban community,
Oak Creek is located along the western shore of Lake Michigan and south of the City of
Milwaukee. Residents enjoy Oak Creek's suburban and ruralatmosphere, taking advantage of
urban-style city services and easy accessibility to the metro area's recreational and cultural
activities. Oak Creek is "Where City Meets the Country."
First established in 1955, the City has a rich history. Today, Oak Creek is one of the fastest
growing cities in Milwaukee County. From 2000 to 2010 the populatíon grew over 20 percent,
and more growth is projected. ln addition to population growth, over the last 10 years the City
has seen significant retail and industrial growth. The City also has aggressively been working on
plans for redeveloping former industrial properties within the City. A new downtown, known as
the DrexelTown Square, is a.lively residential, retailand restaurant area where the City also
opened a new civic center íncluding a City Hall and library facility in late 2015.
The City is seeking a progressive and collaborative professional with strong management skills.
proven financial/analytical skills are required. Community and economic development
expertise is desired. Organizational development, human resources, and labor-management
experience is also preferred.
Oak Creek is a full-service City including Police, Fire/EMS, Engineering, Streets (streets, parks
and forestry), Water & Sewer, Community Development, Library, Recreation, Health and
administrative support services. The City has more than 250 full-time employees, three unions,
1
a $23 million
generalfund budget (with allfunds, including TlF, totaling near S75 million) and is
rated AA2.
Candidates must have a minimum of a BA in business or public administration; five or more
years of increasingly responsible municipal executive-level experience is preferred, Assistant
administrator experience, or related municipal management or leadership experience in a
larger community, will also be considered. Comfort in a fast-paced, demanding and rewarding
environment is essential. A Master's degree in public administration, business administration or
other advanced executive level training such as ICMA Credentialed Manager is desired
Candidates must possess proven managerial, interpe rsonal,,communication and leade rship
skills to direct a financially strong and complex organ ization. Current salary Stzo,ooo; possible
higher starting salary under review. Excellent benefit package. Candidates should aPPl y by July
tion for five work-related references to
t2, 2016 with resume, cover letter and contact
to the attention of Lee Szymborski, Senior
ovhrusa.co
#130,
Northbrook, lL 60062. Tel: 847-380-3240.
Vice President, GovHR USA, 630 Dundee Road,
COMMUNITY HISTORY AND BACKGROUND
The city has its origins as a town, dating back to 1840 when the Wisconsin territorial legislature
created the Town of Oak Creek by a civil land division. The town was originally covered in
timber, which made for excellent hunting for early settlers. The thick wooded area put pioneers
in daily contact with bears, þanther-s, wild cats and other wildlife. Coupled with its distance
from Milwaukee, the nearest munitions post, made early settlement a challenge. These
challenges limited the area to about 40 families.
The town was settled by some of the first European settlers with saw mills, grist mills, trading
posts and agriculture'becoming the primary means of making a living. With the railroad coming
through in the 1850s, glue, coke and tar manufacturing soon followed. As industries and
population in Oak Creek grew, the town, in 1955, began looking at incorporation.
The town sought to incorporate to stop Milwaukee from chipping away at its borders' Town
Attorney Anthony X..Basile drafted a law, which has become known as the Oak Creek Law, to
allow the town to hold a referendum on its incorporation. Basile introduced the law to the
State Senate. The billwaò passed, and Oak Creek scheduled its referendum for Oct. 27, 1955.
The news of a possible incorporatíon was not well-received by Milwaukee officials' To block the
referendum they attempted to serve legal papers to Oak Creek officials, but they never got the
chance for Oak Creek's officials went into hiding. The referendum was held as scheduled, and
the results overwhelmingly favored incorporation. The city, with about 4,800 residents, was
chartered on December 15, 1955.
(Sources: Oak Creek Historical Society, Memoirs of Milwaukee County,
City of Oak Creek)
2
Today, the City of Oak Creek, remains a fast-growing community, having experienced doubledigit population growth every decade since the 1960s. The U.S. Census estimates the city's 2015
population at 35,243.
The City is enviably located on major thoroughfares including lnterstate Highway 94, U.S'
Highway 4L, and State Highways 32, 38 and 100. The City is also served by passenger and
freight railroads and General Mitchell lnternationalAirport, which is about 12 minutes from
Oak Creek. The City is adjacent to the City of Milwaukee and 85 miles north of Chicago.
Major employers in the City of Oak Creek by number of employees (full and part-time), include
Milwaukee Area TechnicalCollege (1,336); UPS, (1,210); the.Oak Creek-Franklin School District
Education, (683); We Energies Electrical power generat¡ôn, (505liPPG lndustries, lnc., coating
and resin products, (a7Ð; Nordco, lnc., roadway work equipment, {a2}l; Reinhart Food Service,
LLC, a wholesale food distributor, (afil;Joseph Campíone lnc., food products, (400); and
Grunau Co., lnc., fire protection equipment, (350). Unemployment in Oak Creek, at 4/o, is below
the state and national averages.
The Cíty is the host community to We Energies' Oak Creek Power Plant. We Energies, a
subsidiary of the Wisconsin Energy Corporation, is the primary generator and supplier of
electricity, steam and natural gas in southeaitern Wisconsin, and it owns the Oak Creek facility'
It is a coal-based power plant occupying approxím.ately 1,000 acres in the city. The plant sits
along the shores of Lake'Michiga¡, and has a,net generating capacity of 1,135 megawatts. lt
provides an annual host.community payment to the city equalfy approximately 55.5 million.
Most recently, the City is celebrating the development of a new downtown area - the Drexel
Town Square. lt is Oak Creekls newest Ietail, commercial, residential and civic development,
with much of the development completed; or soon to be completed. According to promotional
materials, DrexelTown Square is reminiscent of'.a traditional downtown. The new development
includes a Main Street - Oak Creek's first - with a new City Hall and Library on a town sguare,
surrounded by retail stores, restaurants, shops, businesses and apartments. The area is
complemented with many open spaces, walkways and amenities like a splash pool, ice rink and
a farmer's market.
Before it was Drexel Town Square, the site was a manufacturing and technology development
center, built in 1957 by Delco Electronics, Oak Creek's largest employer at the time, Through
the years and a number of corporate changes, it became Delphi Electronics & Safety, before the
plant was closed in 2008. Part of the plant was demolished to make room for a Woodman's
grocery store in 2OO7 . The rest was demolished a few years later and left vacant until the
property was acquired in 2011 by WISPARK LLC, the real estate development subsidiary of
Wisconsin Energy Corporation. When completed, DrexelTown Square will have more than
848,000 square feet of finished building space,
3
There are !L,239 households in Oak Creek. A wide variety of housing sizes, styles and price
ranges are available throughout the community from older structures to new construction
home sites. The median household income is 564,570 with a median home value of 5205,500
based on2Ot4 U.S. Census data. The neighboring City of Milwaukee has more than 600,000
residents, and the Milwaukee Metropolitan Statistical Area has a population of more than 1'5
million.
The City encompasses 28.45 square miles, of which there are 26 parks and preserves, including
open and recreational space adjacent to school facilities, and several miles of recreation trails.
Oak Creek residents enjoy comprehensive recreational facilities provided by the City or through
Milwaukee County. The City's Streets, Parks and Forestry Department, along with the
Recreation Department, maintain more the 230 acres of active and passive-use parks, including
activity fields, ball diamonds, pavilions, and many other recreational venues.
Community residents have a choice of both public'ánd private elenie¡rtary and hígh schools.
Oak Creek is served by the Oak Creek - Franklin Joint School District. The School District
currently serves over 6,400 students residing in the City of Oak Creek and a portion of the City
of Franklin. There are currently nine school buildings (six K=5 elementary schools, two middle
schools and one high school) and one administrative office building in Oak Creek. The district
also offers a 4K Program at three locations{Salvation Army;,Deerfield Elementary, and St'
John's Lutheran). A new elementary school,'planned to oper¡ at the beginning of the 2076-2017
schoolyear, is underconstruction, as is a ñg.w gth,Grade Center. Private and parochialschool
choices can also be found !n Oak Creek and neighbgring coqmunities.
the south campus of the Milwaukee Area Technical College (MATC).
The Oak Creek Campus is MATC's second largest campus with around 10,000 students. The
campus features its own laké,,nature walking trail, and athletic fields. The Oak Creek Campus
offers 2T,associate degrees, 34 technical diplomas and 14 certificates.
r
is
.
ln addition to MATC, the greater Milwaukee area offers a wide variety of higher education
opportunities. Chief among them include the University of Wisconsin - Milwaukee, with a
student enrollment of more than 27,000, \ iith the largest schools of Architecture, Nursing, and
Health Sciences:in the State, Other noteworthy institutions include Marquette University, a
private, Jesuit-run school of 11,000 students. Alverno College, Cardinalstritch University and
Concordia University alqg offç¡,undergraduate and graduate studies'
Award-winning healthcare is easily found throughout the greater Milwaukee area. Residents
have access to six major medical systems including Aurora Health Care (1,755 inpatient beds);
Wheaton Franciscan Healthcare (975 inpatient beds); Froedtert Health (712 inpatient beds);
Columbia St. Mary's (613 inpatient beds); ProHealth Care (411 inpatient beds) and Children's
Health System (296 inpatient beds).
4
Oak Creek, and the surrounding greater Milwaukee area, provide many opportunities to enjoy
world-class art and culture. The area claims a number of theater companies, the Milwaukee
Symphony Orchestra, the Milwaukee Ballet Company, and numerous arts organizations.
Cultural attractions including the Milwaukee Art Museum, home to more than 30,000 works of
a
rt.
tradition of excellence in exhibits, education, collections and research has been the hallmark
of the Milwaukee Public Museum since it was established in 1882. The Milwaukee area has
several museums designed specifically for children and young adults, including the Betty Brinn
Children's Museum and Discovery World at Pier Wisconsin, a science and technology museum
designed for young adults.
A
Other offerings include the Milwaukee County Zoo, one of the top zoological parks in the
nation. Theater-goers have access to Broadway and off-Broadway shows held at the Marcus
Center for the Performing Arts. Music lovers will find plenty of options available throughout
the year, including Milwaukee's annual Summerfest. The largest outdoor music festival in the
country will soon celebrate its 50th year.
For sports enthusiasts, the area offers year-round events including professional baseball
(Milwaukee Brewers), professional basketball (Milwaukee Bucks), professional hockey
City and executing the policy decisions of the Common Council. The City Administrator also has
responsibility for the formulation and enforcement of the budget for all departments.
The current City Administrator is retiring after six years with the City. He is the City's fourth
professional Administrator since 1990.
The City provides a full range of municipal services including police and fire protection, parks,
public works operations, building ínspection and zoning control, water and sewer utilities, and
5
general administrative services. Reporting directly to the City Administrator are the following
departments: Communications, Community Development, Engineering, Finance, Health,
Human Resources, lnformation Technology, Building Maintenance, Recreation and Streets,
Parks & Forestry.
The Police and Fire Chiefs, under Wisconsin State Statutes, have a reporting relationship to the
Mayor as well as the Police & Fire Commission, yet work closely with the City Administrator on
budgetary matters and other day-to-day administrative efforts. The City's police department
has 58 police officers, 20 full-time and 10 part-time employees¡ The fire department has 51
firefighters of which 37 are paramedics. Allfirefighters are required to be EMTs.
Oak Creek's City Clerk and City Treasurer are elected positions. The City Administrator also
works in cooperation with a Library Board and Water & Sewer Commission'
The Oak Creek Water & Sewer Utility (OCWS) provides water and sewerage service to Oak
Creek residents, as well as extraterritorial customers. ln total, the utility serves.60,000 people
over an 83-square mile service area. OCWS installs new mains.and services, helps customers
locate leaks, and resolves sewer back-up problems'
The City Administrator is responsible fordeveloping and recómmending an annual budget and
operating plan for the City. The City's budgets total around S75 mill¡on, including a SZg million
general fund. The City's,equalized value eiceeds Sg. b¡ll¡on, has outstanding G.O. debt of
approximately Sg¿ million, and isiated AA2.
'
'
,
The City Administrator'is also responsible for maintaining strong public relations and
intergovernmental contacts, representing the City with business, community, state and federal
represen-tatives. The City Administrator also serves as the principal point of contact for
economic development projects.
OAK CREEK AT A GLANCE
Population: 35,243
Households: 17,239
Equalized Value: Sg+ gillion
FY
:
2016 General Fund Balance'as aYo of Revenues:3O
%
Land Area: 28.45 square miles
Median Home Value: 5205,500
Median Household lncome: 56¿,SZO
Bond Rating:AA2
Oak Creek Workforce: 250 full-time equivalent employees (FTEs)
Total FY 2016 Combined Budgets: S 75 million
6
CHATLENGES AND OPPORTUNITIES
The incoming City Administrator will be faced with a number of challenges and opportunities
that are not uncommon for a local unit of government in today's environment. They include:
a
The City is in a good financial position, with a fund balance exceeding 30%. Like all
Wisconsin municipalities, however, the City's finances are tested by various parameters
guiding the generation of new sources of revenues, as well as State of Wisconsin tax
levy limits. Adding to the City's financial condition are,sú.ç,h factors as the City's recent
involvement in the Drexel Town Square, resulting i¡ the City's assertive issuance of TIF
a
available.
The City looks to complement and balance the City's growth in commercial
development by enhancing its residential sector. lt seeks to encourage a range of
housing options for residents in all stages of life.
With all these dynamics in play, it ¡s important for the next City Administrator to have
acute knowledge, if not direct experience, in economic development, for the position
has functioned as the City's lead person in this area. Yet, as the City's organization
7
matures, the Common Council is contemplating how best to handle economic
development and whether to rely solely on the City Administrator, with some of those
thoughts including the possible creation of a staff position. The next City Administrator
can expect to work with the Common Council to formulate a plan on how best to
position the City for success in this area, while also keeping focused on the broader
implications economic development brings to the city's finances, service delivery and its
infrastructure.
o
The City of Oak Creek, like all Wisconsin municipalities, experienced significant shifts in
their labor-management relationships, largely due to the þassage of the State
Legislature's Wisconsin Act 1O in 2011. The legislation'substantially curbed collective
bargaining rights for local government unions,el.çept fer fi¡e and police units who kept
all their bargaining rights. For units such as puþlíc works, gen.qral employees, and other
non-protective employee groups, collgctive bargaining issues'þa¡re been confined to
wages, with that singular issue being iíþníficantly proscribed by stale law. The result
throughout the state was the dissolution of many non-protective eimployee unions. lt
also required communities throughout the state to repface union contracts with
personnel policy manuals.
ln Oak Creek, non-protective employee bargaining units are still in place, and remnants
of the fallout from Act 10 linger among some personnel. An update to the City's 2012
personnel policy manual is in-progress as the City has recently hired a new Human
Resources Director. The neit'City Administrator should be knowledgeable of the
historical significánce of the public sector labor movement in Wisconsin, and be adept at
la
a
bor-management relations.
transitioni and the City's operations mature and continue
is dedicated to progressive, innovative and
professionalize,
Council
City
the
to
continuous improvement, and sees this recruitment as an opportunity for a fresh look at
the organ.ization. The neW City Administrator is encouraged to look at the municipal
organizatiôn.and over time, evaluate organizational design, service delivery processes
and methods, collaboration, and resource-sharing. Additional opportunities present
As the community þr.ows and
themselves in the area of team-building and organizational development.
a
Significant community engagement efforts are underway. City officials recently kicked
off a strategic planning process, an effort that anticipates the involvement of city
residents. ln addition, the results of a citizens' survey have recently been completed by
the Cobalt Community Research group based in Lansing, Michigan. The survey probes
residents'thoughts on topical issues of local interest, as well as customer satisfaction.
These tools will help inform, and be a significant guide for the incoming City
8
Administrator, and should help enhance his/her understanding of the community and
organization,
a
Lake Vista Project. About five years ago the City began examining the revitalization of a
250-acre former industrial waterfront site along the shore of Lake Michigan. The site
had been the scene of industrial activity for over 100 years. Just to the west of the site,
an original settlement area in Oak Creek, provided worker housing and commercial uses
for the many workers employed by the industries over the years. All industrial activity
on the site has ceased, and remediation efforts got underway.
The City hired a consultant to engage citizens and stakeholders to help craft
a
redevelopment vision for the site, including ways to provide public access to Lake
Michigan. The master plan's vision anticipates both private reinvestment on the
property and the development of public spaces.
To move the vision to reality, the City in 2014 considered a plan for the site that
included bluff stabilization and access to the Lake, an active recreational site, trails and
connection points. The public phase of the project was estimated at a total of about $15
million, with funding coming from StO million in G.O. bonds, and 55 million in grant
monies. ln early 201.6, faced w¡th bids over the anticipated budget, the City decided to
re-bid the project, which should be accomplished in the summer. The next City
Administratoi can expect to help the Common Council achieve the ultimate goals of the
redevelopment, particularly assuring the private reinvestment portion of the project
comes to fruition.
CAN DIDATE qUALIF ICATION CRITERÍA
The City is seeking highly professional candidates who are passionate about localgovernment.
The following education, experience, management, and leadership critería have been identified
by the Mayor, Common Council and City staff as important skills and abilities for the candidates
depending
to possess and demonstrate. The starting salary for the position is
on qualifications and experience.
Education and Experience
a
-
Candidates must have a minimum of a BA in business or public administration; five or
more years of increasingly responsible municipal executive- level experience preferred.
Assistant administrator experience, or related municipal management or leadership
experience in a larger community, will also be considered. Comfort in a fast-paced,
demanding and rewarding environment is essential.
9
a
A Master's degree in public administration, business administration or other advanced
executive level training such as ICMA Credentialed Manager is desired.
a
Experience in managing a community experiencing population growth is a plus.
a
Possess strong financial management abilities, including financial forecasting, revenue
enhancement, capital improvement programming, and budget development and
control.
a
Have experience in economic development and how the City can craft meaningful and
sustainable economic development initiatives. Experience in redevelopment, business
retention, and economic development programs and activities, will additionally be
helpful.
o
Have experience in working with elected officials, City department heads and staff, and
the public in a positive, cooperative, and team-oriented approach to problem-solving.
a
Have an understanding of stràtegic planning processes, and possess the ability to help
the Mayor, Common Council; and City Staff articulate a community vision, develop a
strategic plan, and deliver on the plan's goals and objectives.
a
Have experience in delivering a contempor.rr'nu*.n resources program for City
employees, developing and maintaining strong work relationships with City staff that
builds morale while also holding employees professionally accountable.
a
Have an orientation toward'continuing education and professional development for self,
staff, and employees-keeping up to date and abreast of modern, innovative methods,
O
Have management experience in creating an environment of trust, integrity and
mentorship where employees respect one another and where the organization
consistently functions at a high level of customer service.
o
Have experience in intergovernmental relations, working with appropriate local,
regional, state, and federaljurisdictions and agencies in a constructive and cooperative
manner, and representing City-approved policies in an effective manner.
a
Have a record of keeping up to date and abreast of modern/innovative municipal
technology, programs and procedures, understanding how technology can be used to
enhance transparency in government, increase staff efficiencies and provide better
customer service for residents.
10
Management Style and Personal Traits
a
Have complete personal and professional integrity, gaining respect and inspiring the
trust and confidence of subordinates, co-workers, and elected and appointed officials,
as
a
well as the general public.
Have the maturity, self-confidence, and strength of professional convictions to provide
administrative insights and administrative counsel to the Mayor, Common Council and
Staff, being able to firmly and diplomatically present professional views and carry out
administrative decisions in a timely, professional, and impartial manner.
i
o
Be an articulate and effective communicator, both orally and in writing; someone who
can clearly and concisely present written and'oral information to decision makers, and is
committed to keeping elected officials and management Staff uniformly informed on
consistent and regular basis.
a
a
to successfully facilitate,and assist Staff to
identify, analyze, prioritize, and thoroughly deliberate and address administrative and
management issues which are critical toward meeting both current and longer range
needs of the overall community.
a
Be comfortable in delegating responsibility and authority to professional Staff as a team
player while remaining informed and conversant on the status of all programs and
projects.
a
Be a self-starter who has the vitality and energy to motivate and lead others; be
someone who seeks and enjoys a challenge.
a
Possess well developed organizational skills, being able
Be a strong administrative leader and be able
to balance numerous projects
and issues and keep on task.
a
Be a team-oriented, transform ational leaderwho can coach and develop employees to
manage organizational change s, and who can motivate employees to meet their
individual performance goals.
a
Be a "people person," sincerely personable, patient, and accessible, and one who can
relate with all persons in the community.
a
Promote a strong, service-oriented, "customer relations" approach by all municipal
employees in dealing with citizenry.
a
Be proactive, anticipatory and innovative; be someone who can make difficult decisions
and stand behind those decisions.
TL
o
Have an open, friendly personality and communication style and a calm demeanor; be
one who can establish trust quickly with others. Have a sense of humor when
appropriate to the circumstances.
72
City of Oak Creek
Common Council Report
Meeting Date: June 21,2016
Item No.
Recommendation: That the Common Council adopt Resolution No. 11719-062116, approving a
Third Amendment to Tax lncremental District No. 11 Finance Development Agreement and a
Collateral Assignment of Tax lncremental District No. 11 Finance Development Agreement and
Consenting to the Assignment and Assumption of Tax lncremental District No. 11 Finance
Development Agreement from Oak Creek Hotel Group, LLC to Drexel Square Hotel Group, LLC (Oak
Creek Hotel Group, LLC), subject to any technical revisions required of the developer by the City
Attorney and City Administrator,
Background: On June 29,2015, the City of Oak Creek and Oak Creek Hotel Group entered into a
Second Amendment to the Tax lncremental District No. 11 Finance Development Agreement (the
"Agreement") relating to the construction of a 1O8-room Sheraton Four Points Hotel at Drexel Town
Square. Two previous Development Agreements had been considered and approved by the Common
Council.
The various Agreements have provided for the following commencement and completion of
construction dates:
Original Agreement
First Amendment
Second Amendment
Third Amendment
August 1,2014
May 30, 2015
October 15,2015
September 1,2016
December 31,2015
March 30, 2016
December 31, 2016
December 1,2017
Since the last Development Agreement Amendment there has been a change in ownership from the
Oak Creek Hotel Group, LLC to Drexel Square Hotel Group, lnc, A change in the hotel franchise from
a 108 room Sheraton Four Points Hotel to a 112 room Marriott TownePlace Suites Hotel has also
taken place. The Plan Commission has reviewed and approved with conditions (see attached April
27, 2016 correspondence from the City Planner) the site plan presented for this change in franchise.
The Plan Commission viewed the changes positively
Later tonight the Common Council will be contemplating the sale of TIF bonds including the amount of
$1,450,00b to provide City assistance to this project. The hotel developer is required to submit
documentation to the City specified in the original and subsequent development agreements prior to
any City funds being deposited into escrow. Most of this documentation has already been submitted,
evaluated, and approved as to form. lt is expected the financial closing will occur for this project on
July 7th or 8th.
Fiscat lmpact: lt is expected that the incremental property taxes and hotel taxes generated by this
112 room hotel project will be sufficient to repay the TIF bonds specific to this project as well as a
portion of the public infrastructure bonds issued to support the entire Drexel Town Square project.
Prepared & Respectfully submitted
by:
Respectfully submitted by
|\t*¿
Gerald R. Peterson, ICMA-CM
City Administrator
Michael Simmons
City Engineer
Respectfully submitted by
Fiscal Reviewed by:
lup
r, Al
Director of Community Developm
Respectfully submitted by
M
Cíty Attorney
Q,,8,
ent
uffrant,
Bridget M.
Finance DirectoriComptroller
RESOLUTION NO. | 1,7 t9 -062rt6
RESOLUTION APPROVING A THIRD AMENDMENT TO TAX INCREMENTAL DISTRICT NO.
11 FINANCE DEVELOPMENT AGREEMENT AND A COLLATERAL ASSIGNMENT OF TAX
INCREMENTAL DISTRICT NO. 11 FINANCE DEVELOPMENT AGREEMENT AND
CONSENTING TO THE ASSIGNMENT AND ASSUMPTION OF TAX INCREMENTAL
DISTRICT*o'*Hf)L??"¿ï'ffii|Ji'ä,î""ff
iX#f
åffi Y':få.REEKH'TEL
(Oak Creek Hotel GrouP, LLC)
(2nd Aldermanic District)
BE IT RESOLVED by the Mayor and Common Council of the City of Oak Creek that the
Third Amendment to Tax Incremental District No. 11 Finance Development Agreement with Drexel
Square Hotel Group, Inc. be and the same is hereby approved.
BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of Oak Creek
that the Collateral Assignment of Tax Incremental District No. 1 1 Finance Development Agreement by
and the same is hereby approved.
BE IT FUTHER RESOLVED by the Mayor and Common Council of the City of Oak Creek
that the City of Oak Creek hereby consents to the Assignment and Assumption of Tax Incremental
District No. 11 Finance Development Agreement from Oak Creek Hotel Group, LLC to Drexel Square
Hotel Group, LLC.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute
the same in behalf of the City of Oak Creek subject to minor amendments or modifications that are
approved by the City Administrator and City Attomey.
Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 21't
day ofJune,2016.
Passed and adopted
this 2l't day of June, 2016.
President, Common Council
Approved this 21't day of June,2016,
Mayor Stephen Scaffidi
ATTEST:
Catherine A. Roeske, City Clerk
VOTE:
Aves
Noes
OA
COMMUNITY
DEVELOPMENT
K (,; tii
April2T
i.
i;'
X,4,
,2016
Robert Gustin
Drexel Square HotelGroup, LLC
5629 Rio Grande Blvd. NW
Los Ranchos, NM 87107
Re:
Plan Review
-
TownePlace Suites
- 7980 S. Market St'
Dear Mr. Gustin
This letter is to inform you that at their April 26, 20'16 meeting, the Plan Commission
approved the site and building plans for the proposed TownePlace Suites hotel at the
address above with the following conditions:
1.
2.
3,
That all building and fire codes are met.
That all revised plans (site, building, landscaping, etc.) are submitted in digital
and paper formats for review and approval by the Department of Community
Development prior to the submission of building permit applications.
That detailed plans for signage are reviewed and approved by the
Plan
5.
Commission prior to submission of permit applications'
That all mechanical equipment (ground, building, and rooftop) is screened from
view,
That final photometric and lighting plans indicating the approved luminaire type,
6.
That the exterior brick veneer meets the minimum 4-inch thick requirement per
7.
That plans addressing grading, drainage, and stormwater quality (includingthe
use of stormwater best management practices) be approved by the City
Engineer prior to the issuance of building permits'
thãt all water and sewer utility connections are coordinated with the Oak Creek
Water & Sewer UtilitY.
4.
6i
pole type, color, and height for Drexel Town Square are submitted for final
äpproúat by the Director of Community Development, upon written
récommendàtion of the Electrical lnspector, prior to the issuance of building
permits.
Code.
Should you have any questions regarding this matter, I can be reached at (414) 766'
7027 or via e-mail at [email protected]'
Sincerely,
WPq¿l,'"-:
Kari Papelbon, CFM, AICP
Planner
8o4o s. 6rh st.
Oâk Creek, Wl 53154
Tel: (414) 766-7000
oakcreokwì.org
C:
Jerry Franke, One West Drexel (via email)
David Plank, Kahler Slater (via email)
Ethan Skeels, Kahler Slater (via email)
coLLA'rrcRÄL ÄsslGNMIlNT OF TAX TNCRUMILNI'AL I)IS'IRIC'I' N().
FINAN(:R DnvnL()l:M tlx{T AGßnaMRNT
11,
'|I-IIS COLLA]'['IIAL ,A,SSIC}NMI]N]" OI' I'AX INCIìIìMFNI]AI, DIS]"RICT NO. I1
2016
FINANCIì DIIVHI,OpMENT AGRF.I1MF,NT (this "Assignrncnt") is made as of
(fhe "E&91!g-!gfg"), by and âmong DREX[I., SQUARN LIOTI]I, C}RC)UI,' INC., a l)elnware
'l'cxas limitod liability com¡rany, its
corporatiorr ("Assieno{" ), ITALL MILW AIJKEË þ'p, LLC, a
clesignec, sucocssols ancl ausi grts ("Aqig¡s"), anti the City of Oak Creek, a rnunicipal corporation ol'the
State of Wiscottsin, locatcd i¡r Milwaukee Counfy, Milwar¡keo ("E!y"),
RNCITÄI,S
Assignor, a$ successor in intcrcst to Oak Creek llotel Group, LLC, an lllinois linrited
liability compâny, ãnd City enterecl into that certain "['ax, Incrcnrcnlal District Nr:. I I Finance
Develó¡rnre¡t'Agreenrent (Oâk Creek lilotel Oroup, LLC), datecl .April 15,2014, as alnolrclcct by that
.
certain Amcndnùnt to Development Agreement, clatecl
-*- ,1, , , 2016 (as atnettded, thc "þ
--them
Aglgg!ngn!"). Capitaliz,ccl terfus not otherwise defìncd'horein shall have the nteanings ascribecl lo
A,
in the'l'ax Agrcentcnt.
B.
Pursuant to the l"ax Agreametlt, City agreed to grattt to Assigtror for thc developntent of a
l0B*rcrortt l"lotel located in Milwaukee, Wisconsin, rnoro pafticularly rlescribed on S!¡þ!! :! attached
uHote¡t'¡ a'City Gmnt in the atrlo.tttlt not to cxccetl
hereto ancl macle a part hereol'for all ptrrposes (the
$
I,450,000.00 (thc "Grant").
C.
Contemporaneously with thc cxecution of this r\ssignment, Assignor, as borrower, has
cxccuted ancl deliverpd fo Assigneè that celtain Construction Loan Ag¡¡gem:Í (]ry "Lqan Asreqntent"),
and thaf certain Pronrissory Noie (the "Nole") in.the amoultt of up to $10,920,000.00 ill evitlc¡rce ol'the
loan rnaclc try Assignor tó Assignee (the "þ¡g"). The Loan is secured by, amollg olltcr things, tltat
certaitr Mortgagc, Security Agreõment and Fixture Financing Statemerlt (the "Mqflgêg9"), oxccutcd by
'l'his
Assignor, f'õ if',r benclÌi of:Assignec, which encuntbers, among other property, the. Ilotel.
Assilnrnánt, the Notc, t¡e l.,oan Agrõgment¡ the Mortgage arld all other documents evidencing or securing
the Llan or exeôuted,in'connectioii therewith, and any modilÌcations, tenewals and extensions thercofi nre
referred to herein collectively as the
nl4gg[)gg!!men1þ,"
As cqntcrn¡rlatcd in the Loarl Agreement, tlte (iraut was to be a part of the llritial lJquity
(as clefilrecl in the l-,oan Agiccment). As aclditional security fbr the Loan ancl to enst¡re the Grant is usctl
às anticipatecl under thc Tax Agreement and thc l.oan Agreetnent, Assigtree has requirecl Assignor to
execute ihis Assign¡rcnt for the -bcnefit ofl Assignee. City by cxecuting this Assignment hereby
D.'
acknowledges ancl coltsents to this Assigntnellt'
:
t, ,
AGIì$AMËNT'
l.
Assignor, for goocl ancl valuoble eo¡lsideratiolt, reccipt which is hcreby acknowledged,
her"eby transf'ers andì:ollaterally assigns to Assignee, all rights, title, ancl illterests of Assignor in ancl to
the 'l'ax Agreement. U¡:orr fhe ooc,trieuce and cluring the continuance oflan Hvettt of Default (as clelined
in the Loãrr Agree,,",*,'tt¡, Assignee may at its option (without the obligation to do so), cither by a
representertiv" oi by ageii, with*trr without bringing any action or ptocecding, tlr try n rscçiver appoin&d
'l'ax Agroement and in its own name,
by a court, exercisã all rights ancl privileges of'Âssignor undcr the
'IÌx
r\greement; provided, Assignee must
the
rtncler
därna¡cl, tri. otherwisr¡ cnllorce atl of Assignor's rights
rcmecly.
this
cxercising
fìrst provicfe City with priçr written noticc befbrc
Coll¿¡tornl /\ssiqnmcnt of T{tx Asrcemert
MHÌ)ocs
5
I99484-6 7039.88
Page
t
2.
"l1ris Assignrnent is nlade fbr thc
perfntln¿urce
¡rurposc of (a) sccurirlg fhe paylnent atld
tlf
any ancl all intlellted¡ress äncl obligations incunerl by Assignor fo Assignee pursuartt to the terlns of thc
Loarr Âgrecnrcnt, inclucling, wiihout limitaticln, the ¡raynrent of the plirrcipnl sutn, intelest antl
inclebtedpess evicfenced by tlie Note, ancl (b) paymcnt of all other sulns with ittterest thereon beconling
cluo and ¡rayable to Assignee uncler the provisions of tlris Assignnrent, tlte Loan Agrecment, the Notc, ancl
all other docunents exeõutcd by the Asiignor in connection with or as sccurity fbr thc l,oan Agreetnent or
the Note.
3.
'I'he Crant is heretry made subortlinate tcl thc Loan, as lnore particularly dçscribecl below'
Notwithstancling the clatc, time, rncihod, lnänner, or orclcr ol-grant, attachltlent {)r'¡rerl'ection crf any lien or
charge ou the fiotel, or any othor collateral securing the l.oan and llotwithstanding any provision of tltc
applicable law, or the Tax Âgreement, Assignec, Assignor, and City heretry agree thatn with the cxceptiolt
ni"thr ¡j*.ntpi lintitlements-(definecl in Section l9 below), the Loan f)ocumcnts, and all supplements,
anrsnclnrcnts, nrçdilications, renewals, replarcements, consolidations and cxtcnsiolts of and to thent, shall
:Hotcl prior to allcl superior to the Tax
unconclitioually be a¡cl rcnrain at all times a lion or chargc on the
'l'ax
Agreønent' Ëxcepting thc Exempt
Agreemo¡t, *n,l to all rights and privilcgcs of City unclor thc
privileges
of City urtcler the-Tax Agrecment,
and
all
rights
with
togcthei
Tax
Agieement,
E,îtitle.menisn the
are hcrc5y unsonclitionally subjectecl and macle subordinate to the lien or Charge of the Loan l)ocunlcnts
in favor of Assignee. Exðepting the Exernpt E¡rtitlemcnts, City hereby intcntiolally waivcs, relirrquishes
powers
ancl suborclinatei'the priority and superior,ity of the Tax Agreenrent¿nd thc liglrts, privileges and
aw¿¡rd
condenuration
or
insurance
any
to
rights
limitati<ln
wittrout
idcluclirig
¡:roceeds
of City thoreuncler,
and símilar rights or interests r:f City 'under the 'llax Agreentert, in fnvol of the Mortgagc and nny
instru¡nent rnolifying or amencling tLe,, Same ror cntered. into in substitutiolt or replacement thcreof.
Excepting the Exén:p't Entitlements-, the '[ax Agreemcnl shatl be subject ancl subordin¿rte to any and all
advaùces-made ancl expenses incun'ecl, with,interèst,theteon, pursuant to the Loan Doctlnlents, City
lirthcr tleclares, ag.""i rulcl acknowledgcs'tJrat Assignec;'Þy nraking disbursentents under the Lori¡r
Documcnts, has no obligation or dufy to, nor has Assìgneè lepr:esqnte{ that.it will, see to the application
oJ.such ¡rrçceeds þy tlle-person or persons to whorn they are disbrrqsed by Assignce, and atty applicatiort
o, u** oi*,rrh procceds for ¡rurposes odier tlran those provicled f'or in thc l.,cxrn Docutnents shall not defeat
the suborclination made in this Assignntenf, in whole or in part.
,
City acknçrwleclgesìancl agrees'that Lencler has the right to modify the-Lo¿n l)ocuments
and/or exercise its rights uncler tlie Loan Docutnents wilhout the joincler or consetlt o{'City'
4.
S.'r,. , Assignee heréby,represänts, waranfs ¿rncl ccrti{Ìes to City alrcl Assignor that, as of the
clatc of.this Assignmãnt, tlris Assignnrcnt has bcen duly authorizecl, executed and cleliverecl by Assignec.
City herctry r.piCurr*r,-war¡ants'-âncl ceftifies to Assigttee ancl Assignor that, as ol' the clate of tlris
Assignnteni, this Assignment has b-gen cluly authorized, executed ¿ncl delivered by City. Assignor hereby
,"¡rrrir,1t*, warrants'ãln{'o€ftifìss 1o:Assignee ancl City that, as of the datc of this Assignrrtettt, this
Àisignmcnt has boen dtlly au{rot:ized, exeoutecl a¡rd deliverecl by City,
'I"he'l'ax Agrôcnrent is cross-defaulted with the Lo¿n. An Event of Defhult uncler the 'I'ax
Agreement shall be an Event of'Def?rult under the Lo¿n Documents.
6,
.
City shall, sit¡rultanoously with delivery to Assignor, give Assignee copies of any noticcs
given to the Assignor uncler the 'I'ax Agrôemont of "Events of Defhult" or noticcs of evcnts thaf with the
or "Event of Defattlt"
[o*rng* of tirne ind fhilure to cure, would resr¡lt in the occun'ence of a "clefhult"
Ctlsls (as clelÌned
Project
'l'ax
of
ineligiblc
notioes
any
limitatiorr
rvithout
inclucling
Agrcemcnt,
inderlthe
give
copics of any
City
to,Assìgnor,
with
dclivcry
sinrultaneously
shall,
Assignce
i¡ the'l'nx Agreernent).
of
eveltts thnt
notices
or
of
Defhult"
of
Doculnents
the
Loa¡l
"Events
giverito
the
Assignoiuncler
noticcs
with thðpassage of tinlianrJ failurcto cure, would result in the occurtcnce of a "clcfault" or "Event of
'l
I)efault" under the l,oan Dopumctlts.
Collntsrnl Asslqnnent ol fllax Aereenrent
Pagc 2
L
agr.ecs that Assignee shall havo the right, after fhe receipt of a delÌrult noticc tr: cure
clclàult spcoilÌei iñ sai<t City delàult notice within the sanre cute period as is aflbrded to Assignor
City
thc
under the 'l'ax Agreemeut or tirc City tlcliurlt trotice, as applicable, to cute the de{àr¡lt in question.
Notwifhstanding à¡ytlrirrg to tlro colìtr"ry containecl in this Assignrncnt, Assigttee sh¿ll not have nny
obligation to cule any srich clelàult, It is expressly agLoecl that the curing by Assignee of any cvent 9l'
clelault under thc 'l'ax Agrcement or thc faking of any action by Assignee in connoction therewith sl¡all
'l'ax Agrecntent.
not be dcenrcd ar', aroumption by Assignce of' any of Assigntlr's obligations under the
City shall accspt perfbrnìarrce try Âssignee of any cure of a dcfault within thc satne curc period as is
afiårcted to Asslgrror untler the Tax Agreement or the City clefhult notice, as applicable, to cure the clefault
in question as though perfolrned by Assigrror.
g.
'l'ax
Notwithstan{i¡g City's rights uncler applicable,,;law or any provisio¡l of fho
Agreement to lho oo¡trary, City heretry acknowlctlges and agre'es thát, cxcept ltrr Exempt Ëlìtitle¡nents
oiá/or as specifically set Íïrfih in this Section 9, it shall not.'take any Enl'otcemcnt {ctign until, in any
sgch casc, 91 days f'ollowing the satisfaction in ftrll of ilte Lodtï,:Iror purposos- of this Assignment,
"linforcelnent Aciiou" in this Section 9 means the comprcpcemetrt of the oxcrcise of any renledies against
Assig¡or. or âny guaranfor or any inclemnitor,.n¡,,the Loan, inclúcling, without lilnitation, fhc
ðf any litigation or proceecling, the coinmcncement of any"forcc|:suro prncccding, the
"n,nrìl"n""rent
of any po*"i 6f Jalc, the sálc by advertiseRrent, the taking of a deecl or assignment in lieu of
exercise
fbreclosur.e, thä åutaining of a receiver or ihc taking of Qny other qlliorcement aotion against, or the taking
of possession or confol ol; arry of ths l-lotel, but qreCifically'excludes (x) tlre exercise of relneclies
(y) requests arld dsmancls madc upon Assigttor by clelivery of
¡r,,r*uunt to any of the Ëxenrpt Ëntitlolnents,
nçtices to Assignor, and 1i) asscrtioll or enforccnrent of any right of City to rcccivc paytncnt fì'ont
prsceocls of,a ftieclosure sale of the llotel iuciclent to fi:reclosure:of the liells 0r sccurity intcrcsts of the
i,oan Documcnts which may remain afTel paytnent of costs and expenses of'such foreclosure and ¡rayment
ancl satisfaction in full c¡f tire Loan (collectively, the actions described i¡r clauses (x) through (z) alxrve
shall be her.eina{ler knçwn ås tihe "Exempf Actions"). Excepting Exempt Actions, until 9l days
l.bllorvi¡g the sntisfaotion in full of' the Loan, City shall not institute any juclicial or aclministrntive
proceecliirg against tlrc l{otcl, Assignor, any guarantor or âny inclemnitor of the l.,oan, or Assignee whìclt
wçulcl intärf'ere with or clelay thô exercise by Assigncc of its right and remcdies untler the Loan
Documents. City ag:ees that if Assignec comlnonccs any cnfbrcctncnt action against the llotcl, Assignor,
or âny gurirantclr or âny inclemuitoi of ttte Loan, City may pursuc Excmpt Actions, br¡t that otherwise
Assi¡¡ree shall have exólusivity to continuo so long as thc enforcoment action is be ing cliligently ¡rumued'
ln t¡e Hvcnt of f)efault under ihe Loan, Assignee shall be able to immediately conrmettce the exercisc of
any rights and rcrnedics available t¡ncler tllc Loan Documents, law or equity, against the Hotel, Assignor
or ruly guar¿lntor or any inclenlnitor of the l.,oan, inclucling, without lirnitation, the acoelelation of thc
l-çan, tlie triggerirrg of ihe lock box or the exerciso of any ol'its rights rclatetl to any accounts or cleposits
of Assignoril"tat ui" çollâterâl ft¡r fhe l.,oan, thc appointment of a leceiver 1o any ¡:arL of'the Hotel, the
of any litþtion or proceecling, the corltttìcncement of any foreclosure procccding, tlte
"o,rrr.rñ."nre¡t
exercise of any po*"i oft sale, tlle sale by advertisenretttn the taking of'a cleecl or assignment i¡l liet¡ of
foreclosurc. li Assignee tloes not oure ân event of default under tho '['ax Agrecntent, nor assttrnes thc
riglrts, title ancl interests o1'Assignor under the 'lhx Agreerrtent, but insteacl after thc occunettce âncl
colntinuation of an Evcnt of' Del?rult gncler the Loan l)ocuments, fbrecloses oll the l-lotsl, or Assignor
êccepts a cleecl-in-licu of fçreclosure of the llotel, or cÍurses thc appointmcnt 0l'a recciver fo the Ffotel,
upçn Assignoe's request those portioils of the Tax Agrccntent that are not [xempt l]rltitlenlents will
tcnnilatc ris to Assignee or any succcssor in titlc to the llotel, ancl City's surviving rights nnd rcmcclies
(but exceptirrg the ll,icmpt Entiìlenlents which shall be unmodifiecl) will solely be against Assignor. City
ànd Assigrroi*ill coo¡r*iate with Assignëe to causo the Tax Agreement to be tenninated pursuant to this
Ssction 9 upon such request.
10.
Ii'ol' pur¡loses of this Assignmcnt, "lusolvency Procccding" mcans any procccding under
U.S.C. Sec, 101 et. seq.) or arly othor insolvency, lic¡uidation,
of thc Unitãd'states Code
Page 3
Collntgr&l Assisnntent of 'llax
'l'itlc
ll
(ll
Asrccneilt
pruceecling cr:ncentitrg Assignor or guarantol" ¿llly action lbr thc
(uclicial or otherwise) conccning the a¡rplication of the assets ol'
proceeding
dissðlution of Assiglrcx', arry
ap¡rointnlenl of or any pr oceecling secking tlre appointmenl of
ol'
its
the
cr editors,
Assignor, for thc boncfit
lt¡r all ol any substantial part of the assets of'Assignor or rlny
custodian
receiver
similar
or other
a tLustee,
clcbts of Assignor, thc ccssatiolt of trusiltcss by Assignor,
the
of
the
acljustrncnt
ot[er aoticln concerning
of all or substatrtially all of the assets of Assignor in
clisposition
a
salc,
transf'er
or
other
except following
if any. Notwithstanding anything tô tho conträry
l,oan
Documents,
pennitted
under
thc
a transactiolr
of nny Insolvency Proceetliltg, tlte Loan shall lirst
contiuuance
during
tlrc
in
tiris
containccl
Assigrunent,
any payment or clistribution of cash or other
in
cash
belbrc
pairl
in
frrll
satisfied
ánd
be indcfeasibly
property is nlacle upon City (other than funds distributecl lo City pursuant to the City's exercise ol'any of
the llxempt Ëlrtitlements, which can lre pâid to City). ln any Insolvency Proceecling, any pâymcnt or
tJistributic¡n (other than fhnds distributed to City pursuant to the City's exercise of' any of the lìxernpt
Ilntitlements, which can be paicl to City) which may be ptrynblo or dcliverablc with respect to City slrall
be paicl or delivcred directly to Assignce for application to the pâymcnt and satisfaction of the Loall
unless ancl until the [.,oan shall have been indefcasibly paicl and satisfied in full in cash. In the event that,
notwithstanding the Íbregoing, in any Insolvency Proceecling any pf¡yment or clistribution not allowed to
be made to City hcreuncler shall be paid or cleliverecl to City befbre the date on which the Loan shall have
bccn indefeasibly paicl and satisfied in full in cash, and all of'the commitnrents of Assignee to make loans
or other extcnsious of cledit to Assignor pursuant fo tlre Loan Documents shall have terrninatecl, City
shall immcdiately pay, deliver and assign to Assignee any such disallowsd payment or clistribution fbr
ap¡rlication to the l.,oan (and rvhile held by City, all such payments or clistributions so leceived shall be
rr:org¿uìizrìliot.t
ot other sinlilar
If applicable, City agrçcs fo vote ftrr any plan of
ilt rçspect of Assignor in any lnsolvency l)rocceiling respectin¡;
held in trust by City for the benefit of:Assignee).
reorganization approvecl by Assignee
any legal actions with respcct to the exercise of any of the Exempt Ëntitlements, (2) not agrce or attempt
fo cxtcnd creclit to Assignor or any member of Assignor without Assignee's ¡rrior consent' (3) not c,pposc
flty requcst by the re¡rresentative of Assignor's bankruptcy estâtc 1o t¡sc collnteral or cash collateral if
Assignee has consonted to such use, ancl (4) take such actions consistent with the ternrs ol' tltis
Assignrnent âs ntay bo reasonably rccluested by Assignee to eflbctuate the suboldination as providcd
hcreu¡rder ancl other agreements hercin made. City âgrces not to opposc any post-petition motiotl lilcd or
supportecl by Assignce, ìnclucling, without limitation, motions for aclequate protection with rcspect to the
Loan, f'or relief finnr stay, or for Assignorrs a¡lpliotf ion of cash collatelal f'o¡' use in the olclinaty ctlursc ol'
I'agc 4
Colluteml Assi¿n$e¡¡t of 'J'aI Agreement
lbr post-¡:etition borrowiug lì'om Assigncc. City waivcs the right to oonlest tlse of'oash
collatcral or debtoi-in-possession ("DlP") linancing wherc Assiglrcc agrees to permif such use of'caslt
collatcral or ¡:ermit DIP financing by â thircl pally. üxce¡lting the Exenrpt Ë¡ltiflenrents, City lirlther
a$ecs to suttorclinate its licn fo thc lien of a DIP lender, any adcquatc ¡:rotectitln licns gralttecl to
Aisignee, and any carve-out agreecl tcl try Assignee. City, ultd any affiliatcs thcreof; agree to not be a Dlp
il.s business or
lencler to Assignor il'such DIP financing includes liens with priority ot¡ual to or senior 1o Assignee's liens'
14,
This Assignment, togethcr with the covenants and warranties herein contained, shall
inure to thc bcnefit of Assigneejand any subsequcnt holder of thc Notc and shall be binding upon
Assignor and Assignor's heiis;;-legal representatives, stlccessors and assigns.
15.
This Assignment mây be excouted in rnultiple counterparts, eaclt of wbich, fur all
all of which tukcn together shall constittltc but oltc ancl the
instrunrent. Dclivery of an executecl countcrpaft of this Assignment by facsimile or electro¡tic nrail
purposes, shall be clcemecl an original, ancl
same
shall be equally as eflbctivc as delivery of an executed original counferpart a¡:cl shall constitute ¿t covenûllt
to dcliver an execr¡ted original counter¡:art, but the f¿ilure to do so shall not ¿ffecl thc validify,
enforceabilíty and binding efTect of this Assignmcnl.
16.
Wherever used, the singular number shall include the plural, ¿ncl the use of any gender
shall be applicable to all gencters. If any obligation or portiorr of this Assigttment is determinecf to be
invalicl or- unelrfbreeable undcr law, it shall not afïect the valiclity or ettfot'celnent tlf the remaìning
Collateral Assignmcnt of Tax
Asrectnent
Page 5
obtigations
or poúions hereof. 'l'his Assign¡ncnf is to bc cottstl'ucd untler the laws ol'the Statc of
Wisõoltsin. 'l'hô failure or delay of Assigneé to exercise or enlt¡rce any rights, licns, porvcrs tlr rolllcdies
her,euuder or ulder any of the-¿rfclresaicl agreements shall not opel'ate as a waivel'of such licns, rights'
powcrs an¿ rcnre<Jics, but all such liens, rights, powcrs and remedics shall continue in lirll f'orce ancl
äff."t. Assignce shall have all rights and remeclies with tespect to this Assignmcnt as pruvidcd in the
l,oan Documents. Àssignor shall do any ancl all things nocessaly, or take any action requested by
Assigncc, to carry out the intent of this Assignment'
Ily cxecutíng this Assignment, City hereby acknowledges (i) that, other than the closing
oll the l.,oan with Assignee, the Conditions Preccdent uncler the Tax Agreement h¿ve been satisfìecl allcl
timely elelivered to City, ancl (ii) thnt thc disbursenrents of ths Grant shall be in accoldanoe with thc
following fun<ling rour"ér and sequences (l) first, the proceecls of the Dcvcloper Pay-nlcnt (as tlelined in
17.
the T'ax Agr"e¡rcnt¡ shall bs errtircly disbursed to pay fbr Project Costs (as clefìnecl in the I'ax
Agreeme¡t), ancl then (2) the Grunt shall be disbursed to pay for Pro.iect Costs ill its entirety, and then (3)
thõ [,oan, iir accorclance with and pursuant to tho l.,oatr Documents, ilrall be disbursed to pay l''ol Pro.icct
Costs.
¡
18,
notices or other conrmur¡ications required or ptlrrnitteditto;.þe given pursuant heretcr
slrall be irr writing and shall be considerccl as proþer$'given if (i) mailecl by fîrs! class United States lnail,
postage prepaid, iegistered or ccÍificd with rctunr roæipt rcqucsted.(i¡) by delivcrilrg sante in pçrson 1o
itre iriten¡|eA add¡.eJsee, (iii) by clelivery to an indepenclenf.third party comnrcrcial delivery scrvice for
same clay or next day detivery ancl ploviclilrg lbr svidenco lof 'receipt at the offico r:f' the interltled
¿clclresseõ, or (iv) by lacsimile transmission to the f¿rcsinriie,"machine of the intencled rccipient with
evidencc of rece-ipt of tra¡rsmission at the recipiontls facsimilE nrachine' Notics so mailscl shall be
eflbctive upo¡ its dcposit witlr the United St¿tes Postal.service ot"4ny successol'thereto; rtoticc scnt by
such a commercial Aôlivery service shall be el'fccJive upon delivery to stielr commercial delivery scrvicc;
¡otice givon by personal ctelivery shalt be clfective only if and when received by the aclclressce; notice
scnt by thcsiniilà üansnrissiorr shall be affcutive rpou receipt fhoreof ¿rt thc f'acsinrile machinc of the
intendód recipient, providcd a copy is átso sent thc same tlay by mail, pcrsonal tlelivery, or cotnmercial
delivcry s"*ìc"; alicl notioe given by othu means shall be cl'fective only if and when rcceived at the
clesignãtccl atldress ofthe ínte;decl addressee. For purposes ofnotice, the addrosses ofthc ¡rartics shall be
jts addrcss ltrr notice
as sø forth 6n the signature page hereoli. Ëither party shall have the riglrt to changc
clays' rlotice to the
giving
of
30
the
hereurder to any othõr location within the continental'Unitecl States by
other pa{y irt thc manner sot fr:rth herein.
All
l9,Asuse<lheiein,,tlteterm..@,inoludesallofthefollowingLightsancl
remedies of the City: (a) the riglrts of'Ure City to exercise any tlf its rights ancl powers gmnfccl undcr
Wisconsin law, including without limitation the riglrt to assess taxcs against the llotel ancl/or confrul thc
require¿ permitting for ttre t.Iotel; (b) the City's riglrt under tlle Tax Agreement to cease distrursernent of
the undisLul.sed ¿rnount of ttre City Grant if an [vent of Def'ault occttrs tlncler the I'ax Agreement; (c) tho
City's right to levy upon the letter of creclit and/or cash collateral account providcd by Assignor to the
C;ity (in lt ir¡ City d the ssnior sccurecl pafly) pursuÍrnt tc¡ tltc Tax Agrccnrent; (d) the right of the City
unãcr the Tax Agrcement to levy property laxos upon thc llotel in alnoullts which nray be dcrivcd fiom
ceÍain MininruniAssessed V¿lueyas prescribed in the'I"ax Agreement; ancl (e) the light of thc Cily under
the 'l'ax Agrccment to prohibit ancl or res¡'ain Assignor (or arry successor of Assignor in titlc to thc l'lotcl)
frorn selliug or leasing thc Llotel to auy tax exempf organizations. Notwithstanding any provisiott
contained in ttris Assignment to the conlrary, City acknowledges that despite its rights fo the Exempt
Ëntitlements, Assignee shatl not be helcl liable or responsible for tha Default lìepayment (as clelìned in the
Tax Agreement) or Special Charge (as defîned in the Tax Agreernent) that accrt¡ed priolto Assigncc
taking title to the Flotel.
I
Remaincler ol'page intonfionally left blank'l
Colllterul Assisn¡ncnt of Tax Agrcc¡nenf
Pugc 6
Ë,XËCUTËD to ho ef&ctive as ofthç Hllbctìve D¿te,
A$SIGNQS:
DtìËxËL sQul\.RË HÖ'lìËL CROUII, INC.,
¿ Þelawarc corporation
By:
Name:
Title:
s'rAllE o[,'
)
COUNTY OF
) ss
)
#
--
BI1FORP MË, on this
appcared
â
that he oxocuted tlre,fqr'egoing
-'q
corporation and
pufposes
'
a.:
Cr¡ll¡ternl Asslsn mentgf:Tnx-Agreemsrt
Assignor Signature Puge
BXECUTED
1o be efToctive as
of the Hffuofive Þate
A$$IGNED¡
I{AI.L MILTVAIJKÞE FP, LLC,
a Texas lirnitcd li¿rbility compäny
tsy:
Name:
Title:
200
2323 Ross
Dallas,
A
SI*AT[i OFTEXAS
)
couN't'Y oF
) ss
)
J
doy
Porsonally oamo befo¡ç
to mo known to
2016, ths above named
MII.,IYAUKI]Ë FP, I.,LC, antl tho
acknowledgecl the same.
porsorl who executocl the forcgoing
of
.\
Collateral Asslgnment of T¡x,Aerccmcllt
Assignoe Signaturc Page
Ackm-wledged alrd Agreed tp by the unde$igneis$.01úe H'fies!þ."e-I)c!c:
CITY
CITY OF OAK CIIEËK
By:
,stepheu Scaffi di, Ir4oyor
By:
C¿therino A. I{ocske, City Clerk
sïArn
()F vylscCINslN
COUN'ïY OF MII.,WAUKEE
)
) ss
)
daY of
On this
Catherine A. Roeskc, thc MaYor and
:::.
2016, pcrsoually dame bsforc me Stephen ScafTìdi and
¿nd to nte ktrown
suclr capaoity.
to be the psr$ons who executed the
lNotarial Sc¿l]
Public, State of Wisconsin
My
Collatcral Assignmqnt ol' Tüx Aqrcemcnt
City Signaturo Poge
AXUTÛTT A
The Flolpl
Lot 3 of Certifiod Survcy Map No. 8573, recorded with tho Milwaukee Counly lìegister of'
Desds on December 12,2013 as Docment No. 1CI320408, being a division of Lst 2 and a part of
Lot 3 ollCertified Survey N4ap No. 8542, in the Northwest %o Northeâstt/q and Southwestt/,t of
tlre Northeast % of Section I f , Town 5 North, Il.ange 22 East, in itre City of Oak Creek,
Milwaukee County, Wisconsitr.
'tax
KeyNumlrer;
813-9033 (2014 Tax KeyNum,lier)
(Irart of 813 -9023 fçr2013 1'ax
And all improvomonts locatcd or to be located thereon.
1.1762363'4
¿ð.,,.i/þ
..{r ,St
,ri'
.,1ir:
:.,fl
i
r,
':':
'
.'
:i:-
Collntcral Assisnment of ïl¡x Asreernent
llxhibit A
NP Draft
- June 15' 2016
ASSIGNMENT AND ASSUMPTION OF
TAX INCREMENTAL DISTRICT NO. 11 FINANCE DEVELOPMENT AGREEMENT
(oAK CREEK HOTEL GROUP, LLC)
THIS ASSIGNMENT AND ASSUMPTION OF TAX INCREMENTAL DISTRICT
NO. 11 FINANCE DEVELOPMENT AGREEMENT (OAK CREEK HOTEL GROUP'
The foregoing recitals are incorporated by this reference'
2.
a
J
4828-2854-3538. I
As of the Effective Date, Assignor hereby sells, conveys, assigns and transfers to
Assignee all of Assignor's rights, title and interests under the Agreement,
heretofore made with respect to the Agreement.
As of the Effective Date, Assignee hereby accepts the foregoing assignment,
assumes all of Assignor's obligations under the Agreement and confirms and
NP Draft
- June 15, 2016
makes, on its own behalf, all representations and warranties of Assignor set forth
in the Agreement.
4,
In the event that any of the provisions of this Assignment shall by court order be
held invalid or in contravention of any of the laws of the United States or of any
state having jurisdiction over this Assignment or of any dispute arisingthereunder, iuðtr inv¿idation shall not serve to affect the remaining portions of
this Assignment.
5
This Assignment shall be govemed as to
effect, enforcement and in all other
of Illinois.
6
This Assignment shall be
, interpretation, construction,
laws and decisions of the State
benefit of the parties
and
and assigns.
hereto, their heirs, personal
7.
8.
, each
This Assignment maY be
and
which when so
counterparts taken
deemed an
Assi
terms and words
gender in which they are
regardless
and
feminine or neuter,
of this Assignment may
and properly written in that
such
oN FOLLOWING PAGEI
2
4828-2854-3538.1
of the number
to include any other
of
same
and which
binding
All
as
of
NP Draft
IN WITNESS \ryIIEREOF,
as
-
June 15' 2016
the Assignor and Assignees have executed this Assignment
of the Effective Date.
ASSIGNOR:
OAK CREEK HOTEL GROUP,LLC,
an Illinois limited liability company
By:
LLC,
Salita
liability
an
Illinois limited
Manager
N
GRO
its
3
4828-2854-3538.1
an Illinois
NP Draft
- June 15' 2016
CONSENT
The City of Oak Creek, a Municipal Corporation of the state of \Visconsin located in Milwaukee
County, Wisconsin, hereby consents to the foregoing Assignment.
CREEK
CITY OF
di, Mayor
Catherine
4
4828-2854-3538.1
A
Clerk
THIRD AMENDMENT TO TAX INCREMENTAL DISTRICT NO.
11
FINANCE DEVELOPMENT AGREEMENT
(Drexel Square Hotel GrouP,Inc.)
1l Finance Development
day of June,
into
as of the
entered
made
and
is
LLC)
Group,
Agreement (Drexel Square Hotel
a Delaware
Inc.,
Group,
Hotel
Square
ZO1O (ttre "Effective Date") by and between Drexel
the State of
of
corporation (the "Developer") and the City of Oak Creek, a Municipal Corporation
Wisconsin located in Milwaukee County, Wisconsin (the "City").
This Third Amendment to Tax Incremental District No.
-
RECITALS
A.
The City and Oak Creek Hotel Group, LLC, an Illinois limited liability company
("OCHG"), predecessor in interest to Developer, previously entered into a Tax
Incremental District No. 1 1 Finance Development Agreement dated as of April 15,
2014 (the "Initial Agreement'r) relating to Tax Incremental District No. 11 in the
B
C.
issued by the
S
of State
State of Delaware.
OCHG assigned all of its right, title. and interests under the Agreement to the
Developer pursuant to that certain Assignment and Assumption of Tax Incremental
District No. I I Finance Development Agreement dated âS of
2016 (the "Assignment").
E.
The City has heretofore consented to the Assignment assigning the Agreement to
Developer.
F
The Developer and the City desire to amend the Agreement as set forth herein.
-,
NOW THEREFORE, in consideration of the recitals, terms and conditions contained in
this Third Amendment and for other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto agree as follows:
4839-269 1-0001.2
AGREEMENT
1
The following Definitions in Section I. shall be modified and amended in their entirety
as
follows:
"4.
Construction Contract. The "Construction Contrd' is the contract
between Developer and the Contractor with an effective date of
whereby Contractor agrees to construct Developer's Improvements for a contract sum not
,,
to exceed $
"C.
Construction Loan. The "Construction Lpan" is that certain construction
loan provided by Primary l,ender to Developer in the amount of $10,920,000 to be used to
pay Þroject Costs, and which will be secured by:a ¡eal, estate mortgage lien against the
Project.";
"E.
Contractor. The "egnt{ac!9!!'is Core Constr¡ction.
j
F.
Developer's Improvements, "Developer's Improvements" shall be the
improvements constructed upon the Property by Developer which shall include without
limitation a Il2 Room Marriott TownPlace SuiteS, as more particulaily set forth in the
Plans and
Specifications.";
,
,,
I
'' The "Developer Payment" is an equity
Project Costs in the amount of, not less than
toward
Project
in
the
contribution/investment
which
consists of cash in the approximate
92,27I,085, by,or on behalf of Developer,
amount of $771',085, and subordinated.mezzanine loán from One West Drexel, LLC in the
amount of $1,500,000."; and,
"1.
Developer Pavment.
':K.
Primàry.Itehiler, The "Primary Lender" is Hall Milwaukee FP, LLC, a
cómpany."
liability
Texas limited
.
2
Section IL C. shall be modified as follows:
..II.
The Developer shall complete Developer's
pursuant,to the terms and condi tions of this Agreement, and in accordance
with the following requirements:
work.
The Developer shall
colnrnèpðeqent .agd Çomptetion of
commence construction of Developer's Improvements on or before September 1,
c.
2016. After commencement, the Developer shall diligently
proceed to
in
that,
any case,
Substantially Complete all of Developer's Improvements, so
Developer's Improvements shall be open for business with the general public on or
before December l, 2017. Commencement of Construction of Developer's
Improvements shall be deemed to occur on the date Developer starts to pour the
bui ldi ng foundati on s for Devel oper' s Improvements."
J
Section III.F.2 shall be modified and amended in its entirety as follows:
4839-269 l-0001.2
,,2. Term. The Letter of Credit and/or the Cash Collateral Account, as the case may
,"*uin fully funded and in full force and effect beginning on the date that all
b", ,huì-l
certificates of occupancy required for operation of the Developer Improvements have been
issued and continuing until such time as five (5) years have elapsed from the date that fully
assessed real estate taxes were imposed upon the Real Property with all completed
Developer Improvements thereon (the end of such period begin the "Fully Performance
Date"; ind the period of time between the date that all the Conditions Precedent are
satisfied and the
Full
Performance Date shall
be the "City Security
Term")'
Notwithstanding the foregoing to the contrary, Primary Lender, shall in no event (including
Conditions Precedent to City Grant without limitation as successor in interest to Developer
by foreclosure, assignment, receiver or deed in lieu of foreclosure) have any obligation to
maintain fully funded or in full force and effect the Letter of Credit and/or the Cash
Collateral Account and such failure shall not solely prevent the City from issuing a
certificate of occupancy for the Project."
4.
The following subsections of Section tV. shall be modified and amended in their entirety
as
follows:
"L.
Construction Loan. Developer shall have closed on the Construction_Loan,
pu.ruunt to *hi.h the Primary Lender is committed to fund $ 10,920,000 toward the Project
òosß pursuant to and subject to the loan documents evidencing and securing such loan.
Developer Pavment. Developer shall have provided City with evidence
reasonably acceptable to the City that Developer has expended the Developer Payment
toward Project Costi, or has deposited the Developer,Payment with the Title Company
M.
pursuant to the Disbursement Agreement, as the case may be."
"P
Citv Securitv. Intentionally Omitted.
Hotel Franchise Asreement. Developer shall have obtained and delivered to the
City u futt), executed license/franchise agreement for the Project ("Franchise Agreement")
wit'h aterm of notless than ten (10) years which provides forthe operation of theProject
as a Marriott TownPlace Suites, in a form acceptable to City. In the event the Franchise
Agreement is subject to any contingencies or conditions, the Developer shall also have
provided written confirmation to the City, in form and in substance reasonably acceptable
io the City, confirming the Developer's ability to timely and fully satisfy all such
a.
contingencies and conditions.
5.
Section
VIII. A. 1.,2.
and 3. shall be modified and amended in its entirety as follows:
..VIII. EVENT OF DEFAULT
Event of Default. An "Event of-Defag[" under this Agreement is any of
the following:
A.
1.
4839-2691-000L2
Failure to Satisfy Conditions. Developer's failure to satisfy all
Conditions Precedent set forth in Article IV on or before September
1,2016.
6.
to
Commence Construction. Developer's failure to
of the Project on or before September 1,
construction
commence
2016, subject to extension by reason of force majeure as set forth
below.
2.
Failure
3.
Failure to Substantiall]¡ Comolete. Developer's failure to achieve
Substantial Completion on or before Decembet t,2017, subject to
extension by reason of force majeure set forth below."
notice address for Developer
Section G, Delivering of Notices, shall be modified to
as
follows
Robert Gustin
GPG LLC
P O Box 30848
Albuquerque, New Mexico 87
7
Exhibits B, C, D and E are deleted
their
with the Exhibits
attached.
8.
This Third Amendment
shall be deemed an original.
9.
This Third
ln
of counterparts, each of which
of the parties hereto
shall be
and their
10.
Except
remain in full force and effect.
as
OF
4839-2691-OWL.Z
BIANK]
In witness whereof, the parties have caused this Third Amendment to the Agreement to be
signed as of the date stated in the first paragraph of this Agreement.
6ÐEVELOPER''
DREXEL SQUARB HOTEL GROUP,
INC.
By:
Name:
Gustin
Its:
STATE OF
couNTY oF
)
_
) ss:
)
Gustin, to me
the
Personally came before me this
known to be the person who
same.
of
v
4839-2691-0001.2
CITY OF OAK CREEK
Stephen A. Scaffidi, Mayor
City Clerk
srATE OF WISCONSIN )
couNTY oF MILWAUKEE
) ss:
)
Personally came before me this
and Catherine A. Roeske, to me
and acknowledged the same.
the
be the
executed the
State of Wisconsin
Notary
y commlsslon:
4839-2691-0001.2
A. Scaffidi
instrument
EXHIBIT B
Estimated Project Costs
lTo BE PROVIDEDI
Maniott TownPlace Suites
Estimated Development Budget
4839-2691-0001.2
EXHIBIT C
Minimum Assessed Values
lTo BE UPDATEDI
20r5
$1,500,000
$6,000,000
$6,150,000
$6,303,750
20t6
20t7
2018
$øffi:¿+
2019
2020
2021
"ffiz,877
.Æffi8,449
2022
.'{Hr$631ffi161
2023 J
>
2024 "säffi
W.
2026 'ffi
$7,310,4T&*
$7,493,178 Tmh.
202s
2027
ffi
T
Wk*"rWËþ
züffiu
4839-2691-0001,2
$7,t3wi.
L-
$7680,507 3
&ïW,069,333
ÆTz,szo
r8H,z7t,066
$€ffi7,8+3
EXHIBIT D
Drexel Square Hotel Group,Inc.
Ownershlp Information
President: Robert Gustin
Shareholders:
4839-269t-0001.2
EXHIBIT E
ITO BE PROVIDED]
4839-269
I
-0001.2
City of Oak Creek
Common Council Report
Meeting Date: June
21
,2016
Item No.
II
Recommendation: Approve Professional Services Agreement Amendment in the
amount of $17,500 with Bray Architects to complete the build-out of the EOC space at
the Civic Center.
Background: Budget limitations for the Civic Center building prevented space
designated for an Emergency Operations Center (EOC) from being completed as part of
the original construction. Since that time, funds have become available from unspent
2015 Emergency Operation funds ($22,9S8¡, unspent 2014 Emergency Operation funds
($20,985), unspent 2013 CIP funds for Emergency Operations Center Support
($50,000¡, and a sale of the City property east of City Hall. These sources will provide
the necessary funding to build out this space, purchase necessary furniture and
equipment, as well as to supply the funding to complete the build-out of the space to
current standards. lt is possible grants may be available to purchase some of the
technology for the space, particularly if the City of Oak Creek agrees to allow use of the
EOC space to area communities for their EOC operations.
Bray Architects provided architectural, design, bidding, and construction inspection work
for construction of the Civic Center building. We have requested their assistance to
build-out the EOC space. For a fixed fee of $17,500, Bray will work with City staff to
complete the design work for this space, prepare the necessary bidding documents,
make a bid award recommendation, and perform construction inspection needed to
complete the project.
Fiscal lmpact: The cost of these professional services ($1Z,SOO¡ is available from funds
designated from the build-out of the EOC space.
Respectfully submitted by:
Fiscal Review by:
c
Finance D
mptrol r
Gerald R. Peterson, ICMA-CM
City Administrator
I
b ray
a rch rtects
rillrii lr:unil¡t¡rrrr int'¡¡tri
lltrillr.rtii¡
Tuesday I June 14,2016
Mr. Gerald Peterson
City Administrator
City of Oak Creek
8040 S, 6th Street
Oak Creek, Wisconsin 53154
R¡:
EOC Burlo'Our
Dear Mr, Peterson,
Again, thank you for allowing Bray Architects to submit a proposal for architectural and interior design services to
complete the build-out of the EOC spaces at Oak Creek City Hall,
Project Understanding / Objectives
These renovations aim to complete the build-out of the work room and conference room that will be utilized by the
EOC on the Second Floor of City Hall,
Approach / Scope of Services
We envision an interactive process in which the needs of each affected department or team member are identified and
subsequently addressed in the proposed renovation,
The process willentail, at a minimum, the following:
.
.
.
Multiple meetings with the City to identify the needs and subsequently explore and refine potential solutions,
Preparation of architectural, interior design, mechanical, electrical, and fire protection bidding documents and
assistance in facilitation of an invited bidding process,
Participation in bi-weekly construction'phase site meetings, and complete CA services (shop drawing review,
RFI response, pay application approval, punch lists, etc,),
Fee Proposal
Bray Architects' proposes an amendment to our current professional services contract to support design, construction
documentation, bidding and construction administrative services for a fixed fee of seventeen thousand five hundred
dollars ($17,500).
As with our past projects with the City of Oak Creek we do not invoice for the following traditionally reimbursable
expenses:
www. brayarch.com
Wl
Slreboygan, Wl
Milwaukee,
829 S. 1st
Streel
l\4ilwaukee, Wl
12024 N. 8th Slreet, P0 Box
955
53204
414.226 0200
Sheboygan, Wl
53082'0955
92C 459'4200
Mr, Rob Franks
Oconto Unified School District
Thursday I February 25,2016
Page 2
.
'
.
.
Transportation in connection with the project
Travel and subsistence
Electroniccommunications
Expense of overtime work
Reimbursable expenses incurred include the following:
.
Reproductions, plots, standard form documents and/or fees for agencies having jurisdiction over the project
Thank you for your sincere and continued interest in Bray Architects and we look fon¡rard to again partnering with the
City of Oak Creek on another important project.
Sincerely,
BnRy ASSoCIATES ARCHITECTS, INC.
/,1&t,
Matthew D. Wolfert, AlA,
President
DAP
MichaelA, Hacker, AlA, NCARD, LEED AP
Associate I Architect
City of Oak Creek
Common Council Report
Meeting Date: June
21
,2016
Item No.:
Recommendation: Approve Second Amendment to Professional Services Agreement with
SmithGroup JJR, for Lake Vista Design and Rebidding Services in an amount not to exceed
$92,220.
Background: At its Novembe¡ 5,2014 meeting, the Council approved a series of Professional
Services Agreement with SmithGroup JJR for three separate Lake Vista projects. On July 7,
2015, the Council authorized an amendment to those agreements in an amount not to exceed
$170,000. Since that time, representatives from SmithGroup JJR have been meeting with the
City's design team to finalize the details and rebidding documents of the various design
elements which make up the project. As a result of those reviews, and additional complexities
and efforts needed to break the project out into two bid packages as well as to provide value
engineering and architectural services, SmithGroup JJR has requested additional fees to cover
this work in an amount not to exceed 692,220. The total cost of professional services for this
project would be $391,550, which is 7.1% of the budgeted construction cost, well within the
typical cost we would incur for a project of this complexity.
The SmithGroup JJR design team, Rinka Chung design team, engineering staff, and community
development staff have been working closely together in an effort to begin construction work
this year for completion in 2017 within the budget provided for this project. lt is expected a bid
awaid will be brought to the Common Council for consideration at its August 16'n meeting with
work expected to begin by mid-September. We will not be able to provide more details about
how the work will be sequenced or how much we expect to be completed prior to the end of this
year until the contractors for the two project bids are selected for this work.
It should be noted that SmithGroup JJR was challenged with finding additional grant
opportunities to help fund work at the site and due to their efforts, as well as the assistance of
City staff, we were recently awarded a Costal Zone Management Grant to help with the
installation of the non-motorized trail included as part of the Lake Vista Park development
project in the amount of $100,000, which would offset these additional costs for design services.
We also expect savings in the construction of various park project features due to the redesign
work that is part of this contract amendment, which will more than offset these redesign and
value engineering fees.
Fiscal
lmpact
This work will all be done within the approved budget for this project.
Fiscal Review by:
Prepared and Submitted by:
Bridget M.
Finance Di rector/Com ptrol
Gerald R. Peterson, ICMA-CM
City Administrator
l.l
Reviewed by:
rl,(;^4" c"
Mike Simmons, P.E.
City Engineer
Fiscal Review by:
Papelbon
Planner
by:
Pete Wagner
Zoning Admi nistrator/Plan ner
AMENDMENT TO OWNER CONTRACT
SmithGroupJJR Project Title: Lake Vista lmplementation Project
SmithGroupJJR ProJect Location: Oak Creek, Wl
SmithGroupJJR Project Number: 50330,01 2
-
Community Park and Playground
Amendment No.:2
Client:
City of Oak Creek,
8&10 S. HowellAvenue
Oak Creek,
Wl
53154
This is an Amendment to the contract titled "Proposal for Professional Services, Lake Vista lmplementation Project
Community Park and Playground Construction Documents" (he "Contract) dated November 7,2014.
-
Additional Services Design Assumptions
The originalcontract and Amendment No. 1 (dated November 3, 2015) included prepar.ation of bidding documents
and bid phase services for the referenced project. Engineering and architectural services were completed and bids
were opened on February 1 6, 2016. Following review of the bids, the Client rejected all bids and requested
additional services to restructure bidding documents, evaluate altematives to reduce construction costs, rebid the
project. This Amendment describes the Scope of Servicæ and Fee for tasks associated with rebidding.
Additional services under this contract assume the following:
The original bid package will be divided into two bid packagæ consisting of the following:
1.
a)
b)
2.
3.
4.
5.
Bid Packâge
Bid Package
l: Upland Park and Bluff Trail
2:
Pavilion and Structures (including Lake Vista Pavilion, Picnic Shelters 1,2, and3,
Beacon Overlook, and the North and South Bluff Shelters,
The project will be designed,for construction in late 2016 with final completion planned for September 30,
2017 . Updated and finalized bid documents are to be delivered to the Glient by July 8, 2016.
The Wisconsin Department of Natural Resouræs (DNR) has not yet appoved öonstruction documents with
respect to cap restrictions, The Client and the Client's Environmental Sut¡consultant are responsible for
procuring DNR approvals with support provided as described herein,
Ttre Clie-nt wtll bàå efforts to ideniify add¡tional soil sources for the projec,t and will provide information to
SGJJR for inclusion in construction documents.
Bid Package 2 will include a listing of bid altemates. The Client will select altemates forconstruction
following the bid opening. The Architect will provide detailed design services for selected bid altemates as
needed as a construction phase service.
Scope of Services
Additional Services under this Contract Amendment include the following:
A.
Upland Park and Bluff Trail
1.
.
ldentifo potential desiqn modifications to reduce biddinq costs,
Contact contractors and vendors.farniliaf with the project to solicit opinions on potential cost-savings
a)
b)
c)
measurcs.
Evaluate potential design and cost implications of changing the wall type at the Lakefront Overlook.
ustock"
ldentiff
altematives for Picnic Shelters 1,2, and 3 and provide opinions as to potential resulting
cost reductions.
SMiTilûROUPJJN
May 4, 2016
Page 2 of 4
d)
2,
Attend up to one meeting with Client staff to present results of this assessment and identify which
alternatives the Client wishes to incorporate into bid package.
Construction Document Revisions
lncorporate original bid phase addenda and relevant contractor comments.
b) Add notes and linework to exclude pavilion and structures from site drawings.
Update title block, sheet numbers, and related items for rebid.
Perform detailed structural design calculations and revise the Lakefront Overlook Wall detail,
Update Picnic Shelter layout plan based on coordination with vendor. Review alternate design with
client, select preferred alternate design, and coordinate foundation design with Architect.
Revise construction specifications and front end documents to reflect schedule and design
modif ications and revised bidd ng req u irements,
Update Opinion of Probable Construction Costs (OPCC).
h) Assemble revised Bid Package and transmit to Client.
a)
c)
d)
e)
f)
i
g)
3,
Bid Phase Services
Assist the Client in completion of Bid Phase activities, including the following:
(1) Attend the Client's prebid conference to receive technical questions from the bidders and respond
as appropriate.
(2) Receive and respond to contractor or supplier pre-bid questions.
a)
(3)
Prepare addenda to the bid documents for issuance by the Client to clarify document intent.
4. DNR Aoproval Support
a)
B.
Provide up to 40 hours of assistance to client in procuring DNR approval of construction drawings.
Hours may be for exploring alternative soil sources, foundation conditions documentation, or other
related items in response to DNR and client requests,
Pavilion and Structures
1.
2.
ldentifv potential desiqn modifìcations to reduce biddj_rlggosls.
Explore Value Engineering options per discussion with the Client in the 3D sketchup model.
Meet with Client to discuss desired modifications for inclusion in bid package.
a)
b)
Revise Construction Documents
Coordinate the re-issue of the drawing set for re-bid.
lnclude the alternates selected in collaboration with the Client in a text only format for re-bid package.
Reformat construction drawings and specifications for re-bid (including title block updates, titles, etc.).
a)
b)
c)
3.
C.
Construction Phase
Prepare and issue construction details for alternates selected for inclusion in the awarded construction
contract, Possible alternates considered include listed those in the memorandum titled "Oak Creek
lmplementation Project, Architectural Structures VE List", submitted to the City by Rinka Chung
Architects on June 10, 2016.
a)
Recovery of Previously Authorized Extra Services
ldentify potential dgsion modifications to reduce biddino costs.
During the 95% review of the prior bid drawings, the Client requested several revisions to the previously
approved program that required additional design efforts. Per our e-mail dated December 23,2015,
SmithGroupJJR is seeking recovery of costs associated with these revisions. Ihese included:
1.
Rev.11.13.13
SMITHûROUPJJR
May 4, 201 6
Page 3 of 4
a
a
a
Landscape Plan Revisions: Removal of trees and other plantings from construction documents.
Tasks included review of plantings to keep versus those to remove, revision of plan drawings,
construction details, the plant list, and bid, and technical specifications,
Addition of Bid Alternates: Revision of drawings and specifications to remove items from the base
bid and add as alternate bids, Specific tasks included addition of notes and linework to
construction drawings, revision of technical specifications, and modifications to lnstructions to
Bidders and Bid Form,
Picnic Shelter Plaza Revisions: Replace pavers selected by Design Committee for Picnic Shelter
plazas with colored/patterned concrete. Specific tasks included selection of concrete pattern and
color design, revision of plan drawing, details and technical specifications, revision of bid form, and
OPCC updates.
a
D,
PostBid Coordination: Assess bid results and assist City in evaluating approach to project rebidding. Attend one extra meeting in Oak Creek,
Request for Recovery of Unanticipated Gosts
Extended Proiect Duration:
The original contract duration was 6 months (services to be completed by July 31,2015, The actual bid
opening did not occur until February 26,2016, SmithGroup incurred additional costs related to project
management, administration, and related items over an additional 7 month period,
1.
2.
Unanticipated Soil Manaqement lssues
SmithGroup provided extensive assistance to engineering staff in assessing various soil management
issues for compliance with DNR requirements, This included preparing conceptual grading plans and
estimating potential soil volumes for several off-site locations.
3. DNR Compliance Assistance:
Assist Engineering staff in preparing and providing supplemental information to DNR to document
compliance with cap restrictions.
4.
5,
Additional Desiqn Services
Ïhe original contract was based on an undefined program that included both planning and engineering
services. Based on public input, the program grew requiring additional design, site engineering and
structural engineering efforts that could not have been anticipated at the outset of the project.
Fee Basis as Percent of Construction
For site related items, the original bids ranged from $3,850,000 to $5,600,000 with the average bid in the
range of $5,000,000, SmithGroupJJR's fee for preparation of construction documents, including the original
contract plus Contract Modification No. 1, excluding planning phase, construction phase services and
architectural services is $278,900. This is approximately 5.6% of the construction cost - on the low end of
the expected engineering fee for a project of this complexity, Iypically, a design fee ol70/o or more would
be expected for this type of project (plus construction administration fees).
Compensation
By signing below, the parties agree that SmithGroupJJR will provide the below Scope of Services in conjunction with
the Contract, and to expend additional fees as described below:
Rev. I 1.13.13
SMITtlGROtlPJJR
May
4,2016
Page 4 of 4
Task Description
A,
Upland Park and Bluff Trail
1
2
3
4
B,
Limiting Fee
PotentialDesignModifications
$10,100
Construction Document Revisions
$18,220
Bid Phase (Rebidding)
$8,900
DNR Support
$6,ooo
Subtotal- Upland Park and Bluff
943,220
Pavilion and Structures (Pre-Bid)
1
2
Value Engineering
$1,500
Construction Document Revisions
$3,000
S u btotal -P avilion a n d Stru ctu res
$4,500
c
Recovery of Authorized Extras
D
Recovery of Unanticipated Costs
$28,500
E,
Construction Phase Design Services
$10,000
$6,000
TotalLimiting Fee
$92,220
All other provisions of the Contract remain unchanged,
Client (Signature)
SmithGroupJJR (Signature)
(Printed name and title)
(Printed name and title)
Date
Date
Rev.1l.l3.l3
City of Oak Creek
Common Council Report
Meeting Date:
Item
6121116
No.: \7
Recommendation: That the Common Council adopt Resolution No. 11718062116, a Resolution Authorizing payment of bills, debts and obligations.
Background: The Common Council voted to only hold one meeting in the month
of July, on July 19, 2016. This leaves five weeks before the July 19, 2016 meeting
and would put some of our bills past due if not paid. Per State Statute 62.12(6),
"unless otherwise provided by law, City funds should be paid out only by authority
of the Council." The attached resolution will allow the Finance Department to
create a vendor summary report and cut and release checks as if there were still a
meeting on July 5,2016. At the July 19th meeting we will provide you with the
vendor summary report from July 5th as well as a vendor summary report for July
1gth.
Fiscal lmpact: There is no further fiscal impact other than potentially saving on
interest charges or late fees.
Prepared by & Fiscal Review bY:
Respectfu lly submitted,
CM
Bridget
Finance Director/Comptrol
Gerald Peterson, ICMA-CM
City Administrator
RESOLUTION NO. I l7 18-062116
RESOLUTION AUTHORIZING PAYMENT OF BILLS, DEBTS AND OBLIGATIONS
WHEREAS, the Common Council has decided to cancel the Common Council meeting that had
been scheduled for July 5, 2016; and,
WHEREAS, Wis Stats $62.12(6) provides that "unless otherwise provided by law, City funds
should be paid out only by authority of the Council"; and,
WHEREAS, City bills, debts and obligations may become delinquent because of the cancellation
of the July 5, 2016 Common Council Meeting; and,
V/HEREAS, Common Council desires to ensure that all bills, debts and obligations of the City
are paid in a timely manner.
NOW THEREFORE, BE IT RESOLVED that the Common Council hereby authorizes the
payment of City bills, debts and obligations that become due during the month of July, 2015 to be paid
in accordance with state and local law prior to the approval of the vendor summary report for the July
19,2016 Common Council meeting.
BE IT FURTHER RESOLVED that any bills, debts and obligations that are paid pursuant to this
Resolution after the June 21st vendor summary report has been approved but prior to approval of the
vendor sunmary report by the Common Council for the July 19th meeting be included in the vendor
summary report for the July 19, 2016 Common Council meeting.
day
of
Introduced at a regular meeting of the Common Council of the City
2016.
Passed and adopted this
day
of
of Oak Creek held this
2016
President, Common Council
Approved this
day
of
2016.
Mayor Stephen Scaffidi
ATTEST:
Catherine A. Roeske, City Clerk
VOTE: Ayes
_
Noes
-
City of Oak Creek
Common Council Report
Meeting Date: June 21,2016
Item No.
r+
- Dallmann
posts
upper hall at 9327 South
American Legion Post 434 for an upcoming HVAC project at the
Shepard Ave.
Recommendation: That the Common Council considers waiving all fees for Oelschlaeger
Background: American Legion Post 434 is a Military Organization of veterans who have served this
country with pride. The American Legion runs various activities throughout the community and gives
back to the Community in donations and service. The Air Conditioning system is very old and now
needs replacing. The organization is requesting a waiver of all fees associated with HVAC work at the
American Legion building located at9327 S. Shepard Ave. (Tax Key No. 874-9999).
Fiscal lmpact: The American Legion is requesting a waiver of a HVAC permit fee of $110.00 and an
Electric permit fee of $65.00.
P
red by:
Respectfully submitted,
Roeske
City Clerk
Fiscal Review by
Bridget
Finance Director
Gerald Peterson
City Administrator
City of Oak Creek
Common Council Report
Meeting Date: June
21
,2016
Item No.
Recommendation: That the Common Council approves payment of the obligations as listed on
the June 15,2016lnvoice GL Distribution Report.
Background: Of note are the following payments
1. $90,467.11toAdvanced Disposal (pg #1)for recycling.
2. $6,560.00 to Arlington Computer Products (pgs #1-2) for additional portable computers.
3. $17,816.41 to AT&T (pS #2) for telephone services.
4. $18,060.00 to Baker Tilly Virchow Krause, LLP (pg #2) for professional services related
to the 2015 financial audit.
5. $13,316.00 to Buelow Vetter (pS#2) for legal services.
6. $89,229.30 to D.F. Tomasini, lnc. (pg #16) for Drexeland 20th Street Project.
7. $8,370.96 to DLT Solutions, lnc. (pgs 4-5) for annual license fee.
8. $67,978.66 to JPM (pgs #19-25) for equipment and vehicle maintenance, travel and
training, supplies, building maintenance, dues and publications, license fees, data lines,
Verizon phone services, legal notices, and office supplies.
9. $7,243.84 to Minnesota Life lnsurance (pg #1 1) for employee life insurance.
10. $7 ,125.00 to OCCC Services, lnc. (pg #12) for 2016 Summer Concert Series and
election room rental fee.
11. $105,448.56 to Payne & Dolan (pg #13) for pathway and court improvements at Willow
Heights, Manor Marquette, Miller Park, and Meadowview.
12.$10,547.25 to R.A. Smith National (pg #15) for inspection services at DrexelTown
Square and 20th Street, Project 15023.
13. $5,000.00 to Reserve Account (pg #1) for postage refill.
14. $8,746.52 to Shen¡vin lndustries, lnc. (pg #15) for Street Department supplies; valves,
adaptors, detack, roadsaver, and hot mix.
15. $15,000.00 to Spielbauer Fireworks Co, lnc. (pg #15) for 4th of July Fireworks.
16. $15,608.00 to Traffic Analysis & Design (pg #16) for traffic engineering services in
Drexel TlA.
17. $22,050.00 to Tyler Technologies, lnc. (pg #16) for assessing services.
18. $17,116.20 to WE Energies (pg #17)for street lighting, electricity and naturalgas.
19. $9,216.32toZiad Salameh LLC (pg #19) for building envelope investigation services at
Police Station.
Fiscal lmpact: Total claims paid of $633, 777.06
Prepared bylFiscal Review by:
nt,
Finance Director/Com ptroller
Respectfully submitted,
Gerald R. Peterson, ICMA-CM
City Administrator
I5
City of Oak Creek
Common Council Report
Meeting Date. June 21,2016
Item No..
l[(',
Recommendation: That the Common Council considers a motion to enter into an engineering
service agreement with RA Smith National for the fee of $16,900.00 for the design of a site
grading plan forthe four adjoining properties at 8850, 8730, 8940 and 9010 S. 5th Avenue. (4th
Aldermanic District)
Background: The four propefiies together comprise roughly 72 acres, and are referred to as
Lake Vista North. Three of the properties are City-owned, and the other, which is the largest
parcel, is owned by Wispark.
These properties are part of the ongoing lakefront redevelopment efforts. As such, they are
subject to various WDNR approvals concerning environmental remediation and redevelopment
This involves mass site grading, including soil import and specific placement.
Staff feels that an overall site grading plan is necessary to help obtain the WDNR approvals
being sought. This includes wetland disturbance, soil import to the site, and eventual clean soil
capping. Much of the spoils generated at the various Drexel Town Square (DTS) sites have
been stockpiled upon the Wispark property at Lake Vista North. There is a need for more DTS
soil to be brought to the site, but further WDNR approvals are necessary before this can occur.
An overall site grading plan would demonstrate to WDNR that there is a plan for the soil, rather
than just more stockpiles.
Wispark understands the impoftance of this grading plan and has agreed to participate in the
cost of this design, with the cost shares based on ownership acreage. The three City parcels
total about 25 acres (35%) and the Wispark parcel is about 47 acres (65%).
Engineering prepared an RFP for the grading plan design. The proposals were scored based
on the engineering firms' experience, project personnel, project approach and design fee. The
scores are listed below:
Firm
RA Smith-National
Strand Associates
Ruekert-Mielke
JSD
Score
93
77
63
56
Based on the proposal scores, the Engineering staff recommendation is to enter into an
agreement with RA Smith-Nationalfor the fee of $16,900.00 to design the grading plan.
Fiscal lmpact: The City's cost share would be $5,915.00 and Wispark's would be $'10,985.00
Funding for the grading plan design would come from the general obligation bonds issued for
the Lakefront Redevelopment Plan, Project No. 14035.
Respectfully subm itted
Prepared by
Nl.t-"À".[ C \----'-^""
Michael C. Simmons, P.E
City Engineer
Fiscal review by
Bridget M
Finance
CMTW
ctor/Comptroller
erald R.
on, ICMA-CM
City Administrator
R.A. SmithNational
Sryotrd Survryìng
and Englneerìng
June 15,2016
Mr. Mike Simmons
Oak Creek City Hall
Engineering Department
8040 South 6th Street
Oak Creek, WI 53154
Re:
ProposalforProfessionalServices
Dear Mr. Simmons:
Thank you for this opportunity to provide a proposal for professional services. The contents ofthis letter define the
Scope of Services ø be provided, the Completion Schedule, the Professional Fees, and the Assumptions and
Conditions under which this proposal is being made.
R.A. Smith National is a leading site design firm in Wisconsin.
'We
feel our experience and expertise
will
be an
asset to your project team.
NAME:
I.
PROJECT
il.
PROJECT DESCRIPTION
City of Oak Creek - Grading Plan for 5'r'Avenue Properties
Oak Creek, Wisconsin
RASN Project No. 3 16027 8
& SCOPE OF SERVICES:
that the City is looking for an overall grading plan for four contiguous properties
totaling 71 acres. The three City parcels are planned to be developed for public recreational use with a
multiuse paved trail as its main focus. The western half of the project will be graded with the intent of future
It is our understanding
commercial or light industrial.
We understand the existing survey CAD file will be provided and the extents of the new topography will
be the recently-constructed gravel pathway and adjacent regraded area along the lakeshore, adjacent
manhole and inlet, as well as the fill area on the west half of the site.
It will be our intent to surface drain the proposed site to the existing end section located on the eastern edge
of the site and avoid storm sewer if possible. No overland drainage will be directed over the east bank.
Limits of grading will be as coordinated with the City of Oak Creek as noted in the RFP as well
as
subsequent email on Friday, June 13,2016.
A.
Surveying Services
1.
Prepare topographic map with
utility data
will be measured on 50' grid interval sufficient to interpolate I foot
.
Spot elevations
.
Location and elevation of all visible improvements and tie horizontally and vertically to
.
Limits of topographic data collection to be the fill plateau area, and top of bluff (from silt
fencelhay bales west to edge of disturbed area)
ALTA survey to be provided by the City and combined into new topographic map for areas
.
contours.
nearby section corner monuments.
that remained unchanged.
Deliver excellence, vision, and responsive service to our clients.
, Brookfield, IVI 53005 . (262) 781'1000 t Fu< (262) 781-8466
Naperville, IL . Irvine, CA Pittsburgh, PA " rasmithnational.com
16745 W. Bluemound Rd., Suite 200
Appleton,
WI
.
Madison,
WI
.
.
R-À.SmithNatiorcl
Mr. Mike Simmons
Page2 / June 15,2016
B
Grading Plans. The following deliverables will be provided.
1.
Existing Conditions Survey
.
2.
Provide one existing conditions survey with new topography and ALTA survey combined.
Grading Plan
.
.
Grading Match Limits:
-
4.
.
Final
I foot clay cap.
- Subgrade Alternate
Prepare one Grading Plan for subgrade assuming a I foot clay cap will be required for final
grades. Grading plan will accommodate up to additional 30,000 cy which will be brought
onsite and used for subgrade.
Grading Match Limits:
-
West - S 5th Avenue and existing residential.
North - Approximate north properly line. City to confirm actual limits
East - The east will tie into the clay cap approximately 25 feet west of the existing
gravel path.
South - The south limits will tie into existing East Depot Road assuming the storage
facilities removal.
Grading Plan
.
-
Prepare one Grading Plan for fìnal grades based on the import of a
-
M.
North - Approximate north property line. City to confirm actual limits
East - The east will tie into the clay cap approximately 25 feet west of the existing
gravel path.
South - The south limits assume the storage facility to the south will remain. Including
the driveway entrance off of 5th Avenue, the scale and adjacent building, and the large
white storage building and its sunounding pavement.
Grading Plan
.
5.
West - South 5tl'Avenue and existing residential
Grading Plan
.
Subgrade
Prepare one Grading Plan for subgrade assuming a 1 foot clay cap will be required for final
grades. Grading plan will accommodate up to additional30,000 CY which will be brought
onsite and used for subgrade.
-
3.
-
- Final Alternate
Prepare one Grading Plan for final grades based on the import of a
the storage facility will be removed.
I foot clay
cap assuming
COMPLETION SCHEDULE:
We can begin work upon receipt of a signed agreement and notice to proceed. The topographic survey will
be completed in approximately 2 weeks of authorization and receipt of existing ALTA survey in CAD
format. A50% plansubmittaltoCitywillbedueonJuly 14,2016withadateof July29,2016 forthe
grading plan completion date.
R-À.SrnÍthNntiunal
Mr. Mike Simmons
Page3/June15,2016
IV.
PROFESSIONAL FEES:
The services described above will be provided for the fees listed below. Fees will be invoiced monthly.
Reimbursable expenses such as mileage, postage, delivery and printings and applicable taxes are not
included in the fees below, and will be invoiced at cost.
- Topographic survey
A.
Survey
B.
Grading
If there arc
Plans
$4,000 (Lump Sum)
$12,900 (LumP Sum)
any questions concerning the terms as presented, please contact
Inc. to proceed, please sign and return one original to our office.
Sincerely,
R.A. Smith National, Inc.
Matthew P. Kocourek, P.E.
Project Manager
Enclosures
Accepted By:
Print Name:
Title:
Representing:
Date:
bth:P:\3 1602?8\Contract\EP 160614 Sirnmons Proposal'docx
us. To authorize R.A. Smith National,
Matthew P Kocourek, P.E.-Project Manager
SUMMARY
ffi
'#i
Matt has more than 17 years of experience in site design, roadway and utility
design, and storm water management for large and small format commercial
sites, residential subdivisions, and business/industrial parks. Matt's specialties
include storm water management, utility design, erosion control and grading
plan preparation. In addition, Matt has seven years of surveying experience.
þ#r
%*
MAJOR PROJËCTS
IDIJC¡\ ll(.'N
Civil Engineering, Urriversity of
B.S.
Wisconsin-Milwaukee, 1 995
pROf:ti5Siûl'.1¡\1. lì[:G15 I
Ot QUAUruCAÎïONS
lìlt
llü1"'J
Residential
Continental Propefties Multi-Family - multiple locations
Community Based Residential Facility, Menomonee Falls
Big Muskego Estates, Muskego
Professional Engineer: Wiscotrsin,
Sor¡th Dakota, Iowa, Nebraska, Kansas,
Oklahonra
Settlement Rid ges, Hartford
The Broadlands, Notlh Prairie
Jamestown V, Racine
PRtìf ttglci.l,4l ¡\F FIL IAllill\l S
American Society of Civil Enç¡ineers
Business Parks
Howell Oaks Commerce Park, Oak Creek
Grafton Commons, Grafton
Commercial-Small Format
Super Value, Madison
M&l Bank, Plover
Public Market, Milwaukee
Kohler Credit Union, Grafton
Dick's Sporting Goods, Grafton
Michael's, multiple sites
ME Sports, Plover
Tractor Supply Company, Mukwonago
Commercial-Large Format
Kohl's Stores, multiple sites
CVS Pharmacy, multiple sites
Home Depot, multiple sites
Wal-Mart, multiple sites
Target Stores, multiple sites
Pick N Save, multiple sites
Best Buy, multiple sites
Entertainment
Arby's, West Milwaukee
Culver's, West Milwaukee
Red Robin Restaurant, Shoreview, MN
Chili's, multiple sites
Proposed Hotel, Oshkosh
R'A.SmithNational
D¿roilt Swvt¡rg
ûtdEtghnhg
D an
Mazurki ewi c z, P.F, .-S enior Proj ect
Hn gi n e er
SUM MARY OF QUALIFICATÏCINS
Dan has 17 years of engineering experience in commercial and residential
site design including street and lot design; site, utility, and grading plans;
and water main, storm sewer, sanitary sewer, stormwater management
design, sanitary lift station design, and WDNR permitting.
\t
tr
Dl.t(-;\'ll{J
MAJOR PROJECTS
Dan was responsible for engineering design on the following projects,
l'.j
8.S., Cívil Engirreering, University
Wisconsin
Cú
l'.11 I i'J
-
of
Milwaukee, 1996
UIFI f-r
[: D U
CA T1O N
Storrnwater Soils Workshop, 2015
Storm Water "Lesso¡rs Leartred"
Workshop,2013
Storm Water Management Workshop,
2008
which included site design; grading, utility, paving, sanitary and storm
sewers, water main, and drainage plans; stormwater management repofts;
and WDNR permitting.
Roadway
Designed and prepared pavíng and cross-section plans for road
improvement
West Frontage Road (122nd Avenue),4,000 feet, new road and pedestrian
path desígn, Phase I of Future 4-lane highway, Kenosha, W
STH 59 8¿ West Avenue, 3,000 feet, widened with new traffic lanes and
pedestrian paths, Waukesha, W
CTH K, 1,000 ft., widened with new traffic lanes and pedestrian paths,
Project Managen"ìent Boot Camp, 2008
Brookfield, WI
CTH L, 1,500 feet, widened with new traffic lanes and pedestrian paths,
Muskego, \M
Murricipal Stormwater Matragement
Industrial
Workshop, 2004
Pewaukee Corporate Park South, Pewaukee, \M
Storm Sewer System Design Seminar
University of Wisconsin-Madison, 2000
Storm Water Detention Basin Desigtt,
University of Wisconsin-Madison, 2000
Harley Davidson parking lot rehabilitation, Milwaukee,
Towne Corporate Park, New Berlin, WI (1998)
W
Comntercial
First Federal Bank, Brookfield, \M
Cabela's, Richfield, \M
Wal-Mart, multiple new site designs and existing site expansions
Pick'N Save Redevelopment, Fond du Lac, \M
Retail Development, Kohler, WI
Home Depot, multiple sites
Kohl's Development, Muskego, W
Retail Development, West Allis, \M
Recreation
Chippewa Nature Center expansion, Midland, MI
ResÌdential
Aster Hills Estates, Muskego, WI
Woodleaf Reserve, Pewaukee, WI
Prairie View, Cedarburg, WI
Hawks Ridge, Kenosha, \M
River Park, Kenosha, WI
Broken Hill Addition #2, Pewaukee, WI
Scott J. Dunn-Engineering Technician
SUMMARY OF QUALIruCATONS
Scott has more than 20 years of drafting and engineering experience. He has
worked on civil engineering projects for municipalities, private development
and WisDOT. He is familiar with WisDOT standards and has been involved in all
aspects of WisDOT highway plans.
At
I
lC i I i'.ll{,;'ri.
:r[ìl l !
AutoCAD, AutoCAD Lancl Deskto¡r (Civil &
Survey Modules), AutoCAD Civil 3D,
MicroStation, CAICE, ArcMap
Civil 3D Parl-Tinle lnstructo¡, Waukesha
Courrty Technical College's Atchitectitral
Draftin g/Constluctiorr Technology Associate of
Applred Science Proglarn
(
(lI'l iIhiljlf.JG
i:
I)lJC¡\1 iOI'J
AuloCAD Civil 3D Master Graphics, 20'10
Civil 3D Funda¡nentals. 2008
Stornr Se\Àrer Systenr Design, 2007
CAICE for VisLral Road Design, 2001
R.A. Smith National, Scott is in charge of leading the implementation of Civil
3D across all divisions, developing corporate CAD standards and templates,
providing daily technical support and conducting teaching/training sessions for
all technicians and engineers.
Additionally, Scott has worked in outside plant design for telecommunication
companies doing both fíeld work and facilities design. Scott is also experienced
in parcel mapping, site grading, utility, sewer and water design, and drafting.
MAJOR PROJECÏs
Private Development Road Experience
Aurora Hospital Summit: Stonehedge Trail and Aurora Drive, Waukesha County
Pabst Farms: SE Arterial, Pabst Farms Circle to CTH P, Waukesha County
Kenosha Town Center: West Frontage Road improvements, Kenosha County
Pivate Development Site Pralect Êxperíence
(Prcpared pavement grading, and utilities plans)
Sauk Prairie Memorial Hospital, Sauk County
Aurora Hospital, Summit, Waukesha County
Aurora, Hospital, Grafton, Waukesha County
Foothills Mall, Fort Collins, CO
Kohl's Department Store, Culpeper, Virginia
The Shoppes of Deer Creek, Douglasville, Georgia
Publix Super Market, Flagler, Florida
Rillito Crossing Market Place, Tucson, Arizona
State Highway Project Experíence
STH 287 (College Ave) Fort Collins, CO:lmprovements
to accommodate
commercial development
WisDOT on-site CADD support, signing and lighting plans, SE Region
STH 67, Oconomowoc: Improvements to accommodate Pabst Farms
development, Waukesha County
STH A1A Flagler, FL:lmprovements to accommodate commercial development
County Highway Project Experience
(fo r p rivate deve I opm e n t p rojects)
CTH K: Intersection/Road improvements, Kenosha County
CTH DR: Intersection/Road improvements, Waukesha County
rrsrv rswçvsrvvrrrsrrlf
redevelopment,
CTH C: Downtown Delafield
waukesha
county
%
oul Ettgluatng
Eric R. Sturm, PLS-Survey Project Manager
su MMARY OF QUALIFICATIONS
of experience in a wide range of land
development su rveyin g projects for residential, com mercial/i ndustrial
Eric has more than 25 years
-- \j,,.
d*
Â
iìf
'i.':'
ti''
and roadway projects. He has prepared numerous subdivision,
condominium and right-of-way plats, annexation, rezoning, Certified
Survey Maps, easement exhibits, ALTA/ACSM Land Title surveys,
topographic maps and legal descriptions.
'r/
Associate Degree, Northeast Wisconsin
Iechnical Institute, Greerr Bay, 1987
(:í_)
f{TI l'l L ll l.JG
E
DIJ
CATION
Annual Sr-rrveyors institute, Wisconsitl
Society of Lan{ Srrrveyors, Stevens Point,
1
995-201
for project research and setup, calculations, plan
review and quality control. He manages multiple projects including
coordinating with the design engineers, field crews, drafting technicians
and handling client communications. Eric plans and supervises the
survey tasks for the design and development of these projects.
Eric is responsible
illr-tcATIOhi
MAJOR PROJECTS
3
Industridl
PROI'[5sIíJI'.]ÂL RIGISTRATION]
e
I
New Page Hydroelectric Dam Surveys, Wisconsin Rapids
Professional Land Surveyor*Wisconsin,
1
Resíd e ntia I Su b d ivís ion Su rveYs
996
Professional Larrd Surveyor-lllinois,
P
1
999
Rl,ì tri: 55lO ltl ;\ l. A f FIL IATIO l'l 5
.
.
.
Marquette University Jesuit Residence, Milwaukee
Stonefields IV Subdivision, Mequon
Endfield Estates Subdivision, Waukesha
Wisconsirr Society of Land Surveyors,
Southeast Chapter
Co m m e rc ía I Pro p e rty S u rveys
r
r
r
Providing site surveys for a variety of commercial property purchase and
development projects in lllinois and Wisconsin, several of which are
listed below:
Presidenr;2006-2008,2.012-2014
Vice President, 2000
Editor, 1996-2004,20A9-2014
i\PPoil.t|'t t¡t
ll
Village of North Prairie, Plan Cor¡r¡ission,
1999-2001
Plìì85il!'li\Il{iN5
Bourrdary Conflict in Vilas County, WI;
Wisconsin Society of Land Surveyors
Annual Institute, 2014
.
.
o
o
o
o
o
.
.
.
.
o
Woodman's
Discount Tire
Walmart
CVS Pharmacy
National Health Care Providers (NHP)
WISN, mapping antenna orientation for expansion, high tolerances
Home Depot
Walgreen Drug Stores
Menards
McDonald's
Jewel Osco
ContinentalProperties
RÀSmithNational
EcyomlSmuyl¡E
andE¡gtuadng
City of Oak Creek
Common Council Report
Meeting Date: June 21,2016
Item
No.:
\l
Recommendation: That the Council adopts Resolution No. 11716-062116 approving
a
Certified Survey Map for the property at 9330 S. Nicholson Road.
Background: The Applicants are requesting approval of a Certified Survey Map (CSM) for the
property at 9330 S. Nicholson Road. The proposal is to create a parcel for the existing house
on the southwestern portion of the existing lot (between 9346 and 9380 S. Nicholson Rd.).
Following division, both lots will be of conforming size for the Rs-3, Single Family Residential
zoning district.
Plan Commissioners will notice that there is a proposed condition of approval that requires a
wetland and floodplain delineation to occur prior to the development of Lot 2. The applicants
have stated that there are plans to redevelop this lot with a single-family residence in the future,
and that they are currently working with the DNR to delineate wetlands on their adjacent
properties to the east. No other development is proposed at this time.
The Plan Commission reviewed this CSM at their meeting on June 14, 2016,
and
recommended Council approval with the following conditions:
L
2.
That all technical corrections, including, but not limited to spelling errors, minor
coordinate geometry corrections, and corrections required for compliance with the
Municipal Code and Wisconsin Statutes, are made prior to recording.
That a wetland delineation be completed on Lot 2 by a Wisconsin DNR-approved
professional prior to any development of Lot 2. Should the survey indicate the
presence of wetlands, a new CSM or Affidavit of Correction shall be submitted to the
City of Oak Creek for review and approval per Municipal Code. A note with this
requirement shall appear on the map prior to recording.
Fiscal lmpact: This CSM will create one new lot with an existing residential home (Lot 1) from
a larger parcel with a separate existing residential home (Lot 2). The larger parcel (Lot 2) will
be redeveloped in the future, and is currently being delineated for wetlands and floodplain
boundaries.
Prepared by
Respectfully submitted,
d
Seymour, AICP
Director of Community Development
Fiscal Review by:
c
Bridget
Finance Director/Comptroller
Gerald Peterson, ICMA-CM
City Administrator
RESOLUTTON NO. 1 17 16-0621 16
BY
RESOLUTION APPROVING A CERTIFIED SURVEY MAP
FOR MARK AND KIM VERHALEN
9330 S. Nicholson Rd.
(3'd Aldermanic District)
WHEREAS, MARK AND KIM VERHALEN, hereinafter referred to as the
subdividers, have submitted a certified survey map in compliance with all statutory
requirements; and
WHEREAS, the subdividers have complied with all of the applicable ordinances
and resolutions of the City of Oak Creek, and
WHEREAS, the Plan Commission has recommended thatthis certified survey map
be approved subject to the following conditions:
1.
2.
That alltechnical corrections, including, but not limited to spelling errors, minor
coordinate geometry corrections, and corrections required for compliance with
the Municipal Code and Wisconsin Statutes, are made prior to recording;
That a wetland delineation be completed on Lot 2 by a Wisconsin DNRapproved professional prior to any development of Lot 2. Should the survey
indicate the presence of wetlands, a new CSM or Affidavit of Correction shall
be submitted to the City of Oak Creek for review and approval per Municipal
Code. A note with this requirement shall appear on the map prior to recording.
NOW, THEREFORE, BE lT RESOLVED that this certified survey Íìap, in the City
of Oak Creek, Wisconsin, is hereby approved by the Common Council subject to the
following conditions:
1.
2.
That alltechnical corrections, including, but not limited to spelling errors, minor
coordinate geometry corrections, and corrections required for compliance with
the Municipal Code and Wisconsin Statutes, are made prior to recording;
That a wetland delineation be completed on Lot 2 by a Wisconsin DNRapproved professional prior to any development of Lot 2. Should the survey
indicate the presence of wetlands, a new CSM or Affidavit of Correction shall
be submitted to the City of Oak Creek for review and approval per Municipal
Code. A note with this requirement shall appear on the map prior to recording.
Introduced at a regular meeting of the Common Council of the City of Oak Creek
held this 21st day of June, 2016.
Passed and adopted this 21st day of June, 2016
President, Common Council
Approved this 21st day of June, 2016
Mayor
ATTEST:
VOTE:
City Clerk
Ayes
Noes
Location Map
9330 S. Nicholson Rd.
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This map is not a survey of the actual boundary of any property this map depicts.
#
N
w
OAKCREEK
wt3coN3lx
of Community
Department
S
Deve
lopment
Ø
Legend
f
E 219330 S. Nichotson n¿. I
Floodway
Ø
Ftoodfringe
ffi
!
røoa Fringe (FF)
Snoreland Wetland Conservancy (C-1)
Lakefront Overlay District (LOD)
Mixed Use Neighborhood Overlay (NO)
uixeo Use Office OverlaY (OO)
negional Retail Overlay District (RR)
MILWAUKEE COUNTY CERTIFIED SURVEY MAP NO.
BEING A PART OF THE SOUTHWEST % OF THE SOUTHWESI % OFSECTION 22,
22 EAST, IN THE CITY OF OAK CREEK, MILWAUKEE COUNTY, WISCONSIN.
TiP NV
cræ.
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APFTL 14 2016
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BY
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MABC C. PASEIAFÊLIJ
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City of Oak Creek
Common Council Report
Meeting Date: June 21,2016
Item No.
IB
Recommendation: That the Council adopts Resolution No. 11717-062116 approving
Certified Survey Map for the property at 7880 S. l3th St.
a
Background: Milwaukee County is currently designing the planned 2018 reconstruction of
13th Street (CTH V) from Drexel to Rawson Avenue, and there is a need to acquire right-ofway at the northeast corner of Drexel Ave. and l3th St. The City owns this corner parcel,
which has served as the right-turn lane for westbound Drexel to northbound 13th since the last
road expansion.
As this land has been occupied by public road paving for decades, this CSM is intended to
formalize the existing use and dedicate the public road right-of-way. The right-of-way will
continue to provide public land for the right-turn lane, with the remnant 0.094-acre Outlot
remaining under City ownership.
The Plan Commission reviewed this CSM at their meeting on June 14, 2016,
and
recommended Council approval with the following condition:
That all technical corrections, including, but not limited to spelling errors, minor
coordinate geometry corrections, and corrections required for compliance with the
Municipal Code and Wisconsin Statutes, are made prior to recording.
Fiscal lmpact: No direct impact - this CSM will formalize the existing use of the property.
There is a deferred special assessment of $1,389.76 on this property; however, it is owned by
the City and will be written off.
Prepared by:
u9 Seymour, AICP
Director of Community Development
Fiscal Review by:
c
Bridget M
Finance Director/Comptroller
Respectfully submitted.
Gerald Peterson, ICMA-CM
City Administrator
RESOLUTION NO.
1
17 17 -0621 16
BY:
RESOLUTION APPROVING A CERTIFIED SURVEY MAP
FOR THE CITY OF OAK CREEK
7880 S. 13th St.
(1't Aldermanic District)
WHEREAS, THE CITY OF OAK CREEK, hereinafter referred to as the subdivider,
has submitted a certified survey map in compliance with all statutory requirements; and
WHEREAS, the subdivider has complied with all of the applicable ordinances and
resolutions of the City of Oak Creek, and
WHEREAS, the Plan Commission has recommended that this certified survey map be
approved subject to the condition that all technical corrections, including, but not limited to
spelling errors, minor coordinate geometry corrections, and corrections required for
compliance with the Municipal Code and Wisconsin Statutes, are made prior to recording.
NOW, THEREFORE, BE IT RESOLVED that this certified survey map, in the City of
Oak Creek, Wisconsin, is hereby approved by the Common Council subject to the condition
that all technical corrections, including, but not limited to spelling errors, minor coordinate
geometry corrections, and corrections required for compliance with the Municipal Code and
Wisconsin Statutes, are made prior to recording..
lntroduced at a regular meeting of the Common Council of the City of Oak Creek held
this 21st day of June, 2016.
Passed and adopted this 21st day of June, 2016
President, Common Council
Approved this 21st day of June, 2016
Mayor
ATTEST
Noes
VOTE:Ayes
City Clerk
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Location Map
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SI{EÊT 1 OF 4
MINUTES
LICENSE COMMITTEE
June 9, 2016 at 10:00 a.m.
Tq-
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This meeting was called to order at 10:05 a.m.
present were: Ald. Kurkowski, Ald. Verhalen, and Ald. Gehl. Also in attendance was City Attorney Melissa Karls
and Deputy City Clerk Christa Miller.
1
2.
Ald. Gehl, seconded by Ald. Verhalen, moved to approve the minutes oî 5118116. On roll call, all voted aye.
The Committee reviewed an Operator's application submitted by Peter Lopac, 1815 lOth Ave., South Milwaukee
(Applebee's). Mr. Lopac was in attendance.
On his application Mr. Lopac did not disclose any prior convictions.
The police record check showed a2014 Brookfield conviction for Possess Drug Paraphernalia Misdemeanor.
The Committee asked Mr. Lopac to explain his conviction. Mr. Lopac advised that he was cited, but that the
conviction was not a misdemeänor, City Attorney Karls confirmed with the records department at.the Oak Creek
police Department, that the conviction was incorrectly reported initially, and in fact, it was not a misdemeanor'
Ald. Gehl, seconded by Ald. Verhalen moved to grant an Operator's application submitted by Peter Lopac, 1815
lOth Ave., South Milwaukee (Applebee's). On roll call, all voted aye.
3
The Committee reviewed an Operator's application submitted by Jasmine Gonzalez, 1805 W. State Street,
Milwaukee (no employer provided) (held 5/18/16). 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 additional convictions:
- Cruelty to Animals - Milwaukee
- Disorderly Conduct - Milwaukee
- Excessive Noise - Milwaukee
01119111 - Excessive Noise - Milwaukee
07105111 - Disorderly Conduct - Milwaukee
01104112 - Disorderly Conduct - Milwaukee
09/09/09
09113110
09113110
Ald. Gehl, seconded by Ald, Kurkowski moved to deny an Operator's license to Jasmine Gonzalez, 1805 W' State
Street, Mílwaukee (no êmployer provided) for falsification of application. On roll call, all voted aye'
4
The Committee reviewed an Operator's application submitted by Barbara Robertson, 9720 S. Austin St., Oak
Creek (Gary's Beer & Liquor), Ms. Robertson was in attendance.
Ald. Verhalen acknowledged that he knew the applicant, and therefore, would abstain from questioning and the
vote.
On her application, Ms. Robertson did not disclose any prior convictions,
The police record check shows a 2002 Conviction of Operating with Prohibited Alcohol Concentration in South
Milwaukee.
The Committee asked Ms. Robertson to explain her omitted conviction. She advised that she had forgotten the
event, but that she had been pulled over for driving while intoxicated fourteen years ago, but had not had any
convictions since.
License Committee Minutes, 5118116
Ald. Gehl, seconded by Ald. Kurkowski, moved to grant an Operator's license to Barbara Robertson, 9720 S.
Austin St., Oak Creek (Gary's Beer & Liquor). On roll call, the vote was as follows: Ald. Kurkowski, aye; and Ald.
Gehl, aye. Ald. Verhalen abstained from voting.
5
The Committee reviewed an Operator's application submitted by Mitchel Dolan, 3685 S. Rutland Ave., Saint
Francis (The Cellar). Mr, Dolan was in attendance.
On his application, Mr. Dolan disclosed two alcohol related offenses; 2012 Whitewater, 2012 Oshkosh.
The police record check confirmed that Mr. Dolan was convicted of two Underage Alcohol Ordinance convictions
l¡om 2012 in Whitewater and in Oshkosh.
Mr. Dolan explained that he was college parties and had been cited both times for underage drinking. He has
since moved to Milwaukee and has not received an alcohol-related citation since that time.
Ald, Verhalen, seconded by Ald. Gehl, moved to approve an Operator's license to Mitchel Dolan, 3685 S. Rutland
Ave., Saint Francis (The Cellar). On rollcall, allvoted aye.
þ.
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 (held 5/18/16).
At their previously held meeting in May, the Committee noted that there were several uncertainties to the applied
for event. The applicant was presented with several queries in which they provided many answers to.
Ald, Gehl noted that the request event map was still not provided and that as it is part of the application form, he is
requesting this to be submitted.
Ald. Kurkowski wanted to be certain that they were held to the same standards and requirements of other large
events held in the Gity, and would be required to obtain a Certified Crowd Manager. Deputy Clerk Miller noted that
her records indicate that the applicant has been in touch with Assistant Fire Chief Kressuk to discuss this item.
The Committee discussed the applicant's response to their inquiry about overflow parking at MATC. The
Committee wanted written confirmation from MATC stating that they were allowing overflow parking. City Attorney
Karls noted that this is a matter between the applicant and MATC and not one that is required as part of the
application, and therefore, should not be considered when making a motion for approval or denial.
Ald. Verhalen, seconded by Ald. Gehl, moved to grant a Special Event Permit submitted by Rebecca Douglas,
Harvest Community Church, 6612 S. HowellAve., for a Family Movie Night event on September 9, 2016, subject
to receipt of a rough draft event map and final approval by the Fire Department. On roll call, all voted aye,
Ald. Gehl, seconded byAld. Verhalen, moved adjourn the meeting at10:28 a,m. On rollcall, allvoted aye,
2