City of Oak Creek

Common Council Report

Meeting Date: December 19, 2006

Item No.:

Recommendation:  That the Common Council adopt Resolution No. 10701-112106, a resolution approving a storm water management practices maintenance agreement with Herget Plavsic Development, LLC, for the proposed Bluffs of Oak Creek Subdivision located at the northeast corner of E. Oakwood Road and S. Chicago Road (Tax Key Nos. 917-9006, 917-9987, 917-9988-002) (4^th Aldermanic District).  Based on the following facts:

1. Sanitary sewer plans are on file with the Engineering Department and the Oak Creek Water and Sewer Utility with a shallow sewer in E. Oakwood Road to service Phase One only with the remaining phases to be serviced by an interceptor sewer from the north.
2. The sanitary sewer approach was confirmed in an email from Clif Poynter (Losik Engineering) to the City of Oak Creek dated September 11, 2006.
3. The Oak Creek Water and Sewer Utility has denied the developer’s request to service any portion of the development by a lift station and that continues to be the Utility’s position.

Background:  The proposed Bluffs of Oak Creek Subdivision development requires onsite storm water management practices in accordance with Sections 13.100 through 13.114 of the Municipal Code.  Section 13.109 of the Municipal Code requires a maintenance agreement between the City and the permittee for the future maintenance of the required storm water management practices.

Fiscal Impact:  None. The owner is responsible for all costs per the Storm Water Management Practices maintenance agreement.

Prepared by: Philip J. Beiermeister, P.E. Environmental Design Engineer	Respectfully submitted: Patrick DeGrave City Administrator
Approved by: Wayne St. John, P.E. City Engineer
Fiscal review by: Beverly A. Buretta, CMC City Clerk

RESOLUTION NO. 10701-112106

BY: ____________________________________

RESOLUTION APPROVING A STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT FOR THE PROPOSED Bluffs of Oak Creek Subdivision LOCATED AT THE NORTHEAST CORNER OF E. OAKWOOD ROAD AND S. CHICAGO ROAD

(TAX KEY NOS. 917-9006, 917-9987, 917-9988-002)

(4^TH ALDERMANIC DISTRICT)

WHEREAS, Herget Plavsic Development, LLC (Owner), requires onsite storm water management practices for the proposed development, Bluffs of Oak Creek Subdivision, and,

WHEREAS, the City requires that the Owner enter into a Storm Water Management Practices Maintenance Agreement, and,

WHEREAS, the required Storm Water Management Practices Maintenance Agreement has been prepared and signed by the Owner,

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common Council of the City of Oak Creek that the attached Storm Water Management Practices Maintenance Agreement, as signed by the Owner, is hereby approved by the City.

BE IT FURTHER RESOLVED that the Mayor and the City Clerk are hereby authorized and directed to execute the attached agreement on behalf of the Common Council of the City of Oak Creek and upon execution by both the City of Oak Creek and the Owner, the City Attorney is hereby authorized and directed to record the same in the Office of the Register of Deeds in and for Milwaukee County, Wisconsin.

Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 21^st day of November, 2006.

Passed and adopted this 21^st day of November, 2006.

                                                                                                ________________________________

                                                                                                President, Common Council

Approved this 21^st day of November, 2006.

                                                                                                ________________________________

                                                                                                Mayor

ATTEST:

_________________________________                  VOTE:  AYES _____ NOES _____

City Clerk