City of Oak Creek

Common Council Report

Meeting Date:  September 18, 2007

Item No.:

Recommendation:  That the Council rescind their action of August 6, 2007 in which they did not adopt Ordinance No. 2465, rezoning the property at 904 E. Rawson Avenue from B-4, Highway Business to M-1, Manufacturing with a conditional use permit for a contractor’s yard with outdoor storage of limousines.

Background:  Samer Abulughod, owner of Crystal Limousine and Coach, is requesting that the Council rescind their action of August 6, 2007 in which they did not adopt Ordinance No. 2465, rezoning the property at 904 E. Rawson Avenue from B-4, Highway Business to M-1, Manufacturing with a conditional use permit for a contractor’s yard with outdoor storage of limousines.

When Mr. Abulughod was going through the rezoning process, he was instructed by staff that his likely public hearing date was Tuesday, August 7th.  However the date of the first Council meeting in August was moved up one day in order to avoid a conflict with National Night Out.  Even though the public hearing was properly advertised for Monday, August 6th, Mr. Abulughod was of the understanding that the hearing was on Tuesday, August 7th, and thus was not present at the public hearing.

Mr. Abulughod has requested the opportunity to address the Common Council in support of his request.  The City Attorney has indicated that the proper way for this to occur, should the Council concur, would be that a motion be made to rescind the action that was taken by the Council on August 6th to not adopt this ordinance.

If that occurs, the Council then would need to take some action on the original ordinance, either approving it, referring it back to Plan Commission for conditions and restrictions, or filing it (which would have the same effect as the original decision to not approve it).

Fiscal Impact:  none

Prepared by:                                                   Respectfully Submitted,

Doug Seymour, AICP                                     Patrick DeGrave

Director of Community Development             City Administrator

Fiscal Review by:

Beverly A. Buretta, CMC

City Clerk