City of Oak Creek

Common Council Report

Meeting Date:  November 1, 2005

Item No.:        

RECOMMENDATION:  That the Common Council grant a landfill license to Giuffre X LLC, 445 W. Oklahoma Avenue, Milwaukee, WI 53207, to place clean fill material at 9325 S. 13th Street, City of Oak Creek, WI  (Tax Key No. 877-9008) (6th Aldermanic District).

BACKGROUND:  In August of 2002, City staff determined that fill was being placed without a landfill permit on the applicant’s property.  A stop work order was posted and a letter sent to the owner directing him to obtain the necessary permits.  The property owner then came in to obtain a landfill and erosion control permit.  The landfill permit allowed no more than 1,000 cubic yards of fill over an area of one acre or less. 

In January of 2003, staff noted that the amount of fill placed at the site appeared to exceed the 1,000 cubic yard limit.  A stop work order was posted, and a letter sent to the property owner.  The letter directed them to either provide a survey documenting compliance with the permit conditions, or a schedule for bringing the site into compliance.  Another letter was sent on February 19, 2003 requesting this information.  

Recently, after discussions with Engineering, the owner decided to apply for a landfill license to cover the fill area. 

The applicant hired National Survey and Engineering to survey existing grades and prepare a plan for completion of the fill area.  The plan calls for straightening the north slope to create a more even and maintainable grade along the north side of the fill area, and removing fill from the easement.  No additional soil from offsite will be allowed.  The drawing showing proposed contours is attached.  The soil removed from the north slope will be spread on the southwest corner of the lot, on top of the relatively flat top that is currently in place.  Topsoil will be stripped prior to placing the relocated soil, and all disturbed areas will be revegetated and stabilized once work is complete.  Areas with slopes of 4:1 or steeper will be stabilized with erosion mat. 

The applicant states that fill material came from various residential projects in the area.  The exact amount of fill that was placed is not precisely known, but it is estimated that approximately 5,000 to 6,000 cubic yards were actually placed over an area of about 0.95 acres.  The fill raised the grade by approximately one to seven feet, depending on the location.

Giuffre X LLC has requested the landfill license for the time period to November 30, 2005. The City’s landfill licensing regulations require that a landfill license run from January 1 through the following December 31. Renewals must be applied for each year by December 1 and if approved, an annual license fee paid.   

The Engineering Department has reviewed the grading and drainage plan submitted with the landfill application and finds that the proposed fill will not significantly affect existing drainage patterns.  Erosion control will be provided by silt fence, a stone tracking pad and erosion mat on slopes.  Removal of the fill rather than a license may create substantial disturbance to the area, as well as creating significant erosion and revegetation concerns. 

Silt fence will be installed around the north perimeter of the parcel at the fill area.  A tracking mat will be installed at the landfill entrance where the parcel joins to 9401 S. 13^th Street.   An erosion control permit exists for this site from previous fill activities (Permit No. 29298) and a construction bond will be obtained should this license be approved.  

FISCAL IMPACT:  None at this time.  The licensee will be billed for the actual city costs over and above the license fee for review, inspection, enforcement, and administration if necessary. 

Prepared by:

Susan A. Winnen, P.E.

Civil Engineer-Environmental

Approved by:

Wayne St. John, P.E.

City Engineer

Fiscal review by:

Beverly A. Buretta, CMC

City Clerk

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