City of Oak Creek

Common Council Report

Meeting Date:  July 18, 2006

Item No.:        

Recommendation:  That the Council authorize the City Administrator to procure outside professional and legal services for the purpose of assisting staff in the investigation and initiation of possible revocation of the conditional use permit for a recycling contractor’s shop with outdoor storage for the property at 9540 & 9578 S. Pennsylvania Avenue (Le Pine Enterprises, Inc.)

Background:    On November 4, 2002 the Common Council adopted Ordinance No. 2220 authorizing the issuance of a conditional use permit for a recycling contractor’s shop with outdoor storage for the property at 9540 & 9578 S. Pennsylvania Avenue.  The conditions and restrictions that were adopted pursuant to that ordinance (attached) required that a detailed site and operational plan be submitted to, and approved by the Plan Commission prior to the commencement of activities authorized by that conditional use permit.  To date, such a plan has been submitted to, but has not been approved by the Plan Commission.  The Plan Commission’s consideration of these plans (which do not propose the extension of public water and sanitary sewer) can not proceed until the applicant formally requests a waiver from the Common Council to allow for the development of this site without public water and sanitary sewer.  In a letter, dated June 5, 2006, Mr. LePine had been advised of this requirement, and the fact that he must request this waiver from the Council.  To date, no written response has been received from Mr. LePine.

Given the fact that no detailed site and operational plans have been approved by the Plan Commission, as required by the adopted conditions and restrictions, the activities authorized under the conditional use permit can not legally take place.  It is believed that Mr. LePine does have the ability to operate a landfill under previous Department of Natural Resources authorization.  However that DNR authorization does not extend to the removal of materials from the site.

At their meeting of June 13, 2006, the Plan Commission authorized a temporary use that permitted Edgerton Contractors to crush concrete at this location for the purpose of the WE Energies Generation Station and DuPont/El Paso Bluff Stabilization projects.  Copies of the minutes of that meeting are attached to this report.

On Saturday, July 8, 2006 a truck was observed leaving the property in question containing crushed materials.  This truck was observed delivering those materials to a site that was not authorized under the pending temporary use permit.  In fact, no materials should be leaving this site because (a) the conditional use permit is not in effect, and (b) the conditions of the temporary use permit have not been met.

Given what appears to be violations of the adopted conditional use permit, staff is requesting authorization to investigate the revocation of this conditional use permit.  The procedure for the revocation of a conditional use permit is established in Section 17.1007(k) of the Municipal Code.  Staff has been advised that the City Attorney would be representing the Common Council in what essentially would be a contested case hearing before the Council on the revocation of the conditional use permit.  As such, he would not be able to represent staff throughout this process.  Staff is requesting authorization for the City Administrator to procure outside services for the purpose of assisting staff in the investigation and initiation of possible revocation of this conditional use permit.

Fiscal Impact:  There are funds available in the Engineering professional services account that could be used for this purpose.

Prepared by: Wayne St. John City Engineer/Acting Building Commissioner	Doug Seymour, AICP Director of Community Development
Fiscal Review by: Beverly A. Buretta, CMC City Clerk	Respectfully submitted, Patrick DeGrave City Administrator