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File #: 160339    Version:
Type: Ordinance Status: Passed
File created: 6/14/2016 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action: 11/1/2016
Effective date: 11/18/2016    
Title: A substitute ordinance relating to the change in zoning, from Parks to Institutional, of lands located south of West Hampton Avenue and east of North Port Washington Road (6th Aldermanic District).
Sponsors: ALD. KOVAC, ALD. BOHL
Indexes: ZONING
Attachments: 1. City Attorney Opinion, 2. Follow Up E-Mail on Annual Operating Costs of Repair Option, 3. Follow up E-Mail on Remediation, 4. Milwaukee County Presentation, 5. MMSD Additional Information Requested at ZND Meeting, 6. Follow Up E-Mail on Annual Operating Costs of Repair Option (4 attachments below relate to this), 7. Flood Forecast Request, 8. Emergency Action Plan for Estabrook Dam, 9. Map of Dams and Affected Homes, 10. Dam Keeper Job Description, 11. PowerPoint, 12. Zoning Change Boundary Map.pdf, 13. City Plan Commission Letter.pdf, 14. Letter in Opposition from Sen Darling and Rep Sanfelippo, 15. Letter in Support from County Executive Abele, 16. Blaeske OPPOSE.pdf, 17. Dorner OPPOSE.pdf, 18. E-Mail in Support, 19. E-Mail in Opposition, 20. E-Mail in Opposition, 21. Goebel e-mail in Opposition, 22. MMSD doc excerpt removal not remove from floodplane (2), 23. MMSD-Owned Dam Not Eligible for Grant, 24. Copy of MMSD SAMPLES 2002-2014 RI 23 4 (2), 25. Glendale shoreline restoration resolution October 2016, 26. 2nd E-Mail from Glen Goebel, 27. Glendale shoreline restoration resolution October 2016, 28. E-Mail from Milwaukee River Keepers, 29. Dam removal petition from Milwaukee River Keepers, 30. Dam removal petition from Milwaukee River Keepers, 31. Estabrook Dam Petition Signers from Milwaukee River Keepers, 32. Milwaukee Common Council Petition from Milwaukee River Keepers, 33. Response to legal, liability and other issues questions and comments related to the Estabrook Dam, 34. Estabrook Dam Removal Petitions and Links, 35. Provencher Article 2008, 36. E-Mail in Support of Removing the Dam, 37. Mailing Labels - Mailed on 10/14/16, 38. E-Mail from Brian Kreuziger - Attachments Below, 39. 1. civil works admin report_april 1934, 40. 2. Proposed Dam Estabrook Park Milwaukee County. Circa. April 1937., 41. 3. 4 19 37 Field Tech comment attached to dam proposal indicates Natl Park service paying for part, 42. 6. Dam permit 1937, 43. 76. Milw River debris flood and Blatz (2), 44. 11A. wis state planning board excerpts highlighted, 45. 7. progress report WERA_aug 1935, 46. 75. full MMSD resolution, 47. 79. Pirrung Dorner email 6 17 15, 48. 77. SEWRPC modeling info, 49. 78. Historical documents from County expert report, 50. 63. Kreuziger Hahn email 8 13 14, 51. E-Mail from Brian Kreuziger and Attachments Below, 52. 23B. Revised for 2015 Estabrook impoundment riparian property values, 53. 69. removal estimate 5 9 14, 54. 73. MRPA alternative cross claim, 55. 70. Glendale shoreline restoration resolution October 2016, 56. 71. Realtor expt report FINAL, 57. 22A. Projected Property value and real estate tax losses due to removal of Estabrook Dam, 58. 25. Northouse landscape proposal, 59. 21. N AVE DNR to present plans for river project JS 2 26 97, 60. 26. Realtor's Letter As Of 9 26 2014, 61. 22. Storm Sewer upstream cost City of Glendale WI City Administrator i, 62. 29. McDill dam drawdown lowers assessed values Stevens Point Journal 10-23-12, 63. The real costs of removing the Estabrook Dam, 64. 74. Holmes cost of Removal, 65. Cover E-Mail for 189 Letters in Support, 66. LetterstoMilwaukeeCommonCouncil_10.30.16_1, 67. E-Mail from Glen Goebel and Attachments Below, 68. MKERiver-DissolvedOxygenData, 69. MKERiver-FecalColiformData, 70. MKERiver-TempData, 71. MKERiver-TotalLeadData, 72. Recreation at the Estabrook Dam Lake Prior to 2008, 73. 13. Cty expert rpt water quality discussion from Riverkeeper, 74. MRPA to Milwaukee Zoning Committee 10 30 16, 75. E-Mail from Dave Dorner and 3 attachments below, 76. Estabrook Dam Estimates and Bid background docs, 77. Estabrook Dam Estimates and Bid History, 78. Estabrook Dam Repair Estimates and Bid History, 79. Speakers -Misc., 80. Speakers - non support, 81. Speaker -non support, 82. Non - Speakers - non -support, 83. Speakers - Supports, 84. Speaker - Supports, 85. Supports, 86. Supports, 87. Letter to Mayor, 88. Support - Will Wawrzyn, 89. Notice Published on 10-10-16 and 10-17-16, 90. Notice Published on 11-17-16
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
11/17/20162 CITY CLERK PUBLISHED   Action details Meeting details Not available
11/2/20162 MAYOR SIGNED   Action details Meeting details Not available
11/1/20161 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Ald. Kovac moved to go into closed session. There were no objections from the 3 members present. Ald. Kovac moved to go into open session. There were no objections.
Pass3:0 Action details Meeting details Not available
11/1/20162 COMMON COUNCIL PASSEDPass12:2 Action details Meeting details Not available
10/25/20161 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE SUBSTITUTED

Minutes note: RECESS: 11:08 A.M. RECONVENE: 11:18 A.M. Individuals present: Vanessa Koster - Dept. of City Development Tigue Whaley-Smith - Milwaukee County Eric Peterson - Milwaukee County Andrea Fowler - Assistant City Attorney Members of the public: Jon Apple - Apple Family Foundation - Glendale - opposed Amy Monahan - Glendale - opposed Tammy Blaeske - Glendale - president of Milwaukee River Preservation Association - opposed Ald. Kovac moved to make three documents from the state provided by Ms. Blaeske part of the record. There no objections. Robert Thompson - Milwaukee - opposed Paul Zovic - Village of Shorewood trustee - supports Dick Yahr - Milwaukee -- opposed Dave Dorner - Glendale - opposed Herb Oechler - he had to leave - supports Brian Rothgery - public information officer for Milwaukee County supervisors - deferred to the supervisors present. He spoke following Sup. West Margaret Crawford - Milwaukee - supports Sup. Willie Johnson, Jr. - opposed Glenn Goebel - Glendale - opposed Sup. John Weishan, Jr. - opposed Sup. Peggy West - opposed Brian Kreuziger - Glendale - opposed Martin Haseman - Glendale - serves on 2 Glendale boards - opposed Cheryl Nenn - Milwaukee River Keeper - supports Steve Jacquart - Milwaukee Metropolitan Sewerage District Ald. Kovac moved to accept Proposed Substitute A. There was no objection. Ald. Kovac moved for passage. Withdrawn. The intention is to schedule this item right before the Council meeting on Nov. 1.
Pass5:0 Action details Meeting details Video Video
10/25/20162 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HELD TO CALL OF THE CHAIRPass5:0 Action details Meeting details Video Video
10/17/20161 CITY PLAN COMMISSION RECOMMENDED FOR PASSAGE AND ASSIGNEDPass4:1 Action details Meeting details Not available
10/14/20161 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
10/10/20161 CITY CLERK PUBLISHED

Minutes note: This file is being published 10-10-16 and 10-17-16 for a ZND Mtg. on 10-25-16 at 9:00 a.m.
   Action details Meeting details Not available
10/4/20161 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO

Minutes note: To Whom It May Concern: The attached file is being referred to you for: Report and reply, preparation of ordinance and fiscal note. Further information relating to this file may be found via the Legistar system at http://milwaukee.legistar.com/Legislation.aspx. If you have any questions please feel free to contact Chris Lee at 286-2232 or clee@milwaukee.gov
   Action details Meeting details Not available
10/4/20161 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
6/14/20160 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
160339
Version
SUBSTITUTE 2
Reference

Sponsor
ALD. KOVAC AND BOHL
Title
A substitute ordinance relating to the change in zoning, from Parks to Institutional, of lands located south of West Hampton Avenue and east of North Port Washington Road (6th Aldermanic District).
Analysis
This ordinance changes the zoning of lands located south of West Hampton Avenue and east of North Port Washington Road from Parks (PK) to Institutional (TL).
Body
Whereas, The Estabrook Dam on the Milwaukee River has been in decline and has developed major structural issues due to years of neglect; and

Whereas, The dam is a crumbling "public nuisance" that hasn't operated since a 2008 Wisconsin Department of Natural Resources order to shut it down; and

Whereas, Industrial pollutants, including polychlorinated biphenyls, have been accumulating near the dam for decades, mostly from industrial sources upstream in the Lincoln Creek watershed; and

Whereas, There is no viable reason to maintain the dam and keep it permanently open as the short-term repair costs and long-term maintenance costs of that scenario would far exceed removal costs; and

Whereas, The dam removal alternative means the complete removal of the dam, including the gated control structure and fixed crest spillway, and the creation of a free-flow condition; and

Whereas, Removing the dam and restoring free-flow conditions would allow for unimpeded passage of boats, fish and aquatic invertebrates, yield the greatest positive impacts on river ecology, flood management, water quality, sediment management, fish and aquatic life, terrestrial wildlife and recreation, would support natural wetland hydrology, and may result in a net gain of wetland acreage; and

Whereas, The ecological health created by a free-flowing river offers greater long-term value than maintaining the present water body behind the dam; and

Whereas, On May 12, 2016, the City of Milwaukee passed resolution number 141707 expressing the...

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