Oak Creek council approves Kunis Buick permit change, green-lights 2026 road-bid package and updates stormwater fee code

The Oak Creek Common Council on Oct. 21 approved three separate measures: an amendment to a conditional use permit for the Kunis Buick GMC dealership, authorization to advertise and bid the city’s 2026 road-rehabilitation projects, and an ordinance updating how the city classifies customers for the stormwater user charge.

The conditional-use amendment removes a carryover requirement that the dealership dedicate and construct a portion of a future frontage/access road on its property. Christie Lane, community development director, told the council the condition dated to approvals in 2018 and 2022 and had tied construction to state matching funds that are no longer available. Lane said the dealership had requested that the council grant the exception authorized under section 14.18 of the municipal code so the required construction would no longer be imposed on the current property owner.

Supporters on the Planning Commission recommended the amendment. At the council meeting attorney Emil Ovia Galay, representing an adjoining property owner, said his client, Rakesh Rehan, had repeatedly attempted to develop the neighboring lot and that removing the condition could make that parcel effectively landlocked. Galay told the council he and his client had searched for a previously referenced memorandum of understanding and that the city attorney’s position was that the referenced document did not exist; he asked the council to consider options to preserve reasonable development opportunities for adjoining owners.

Council members discussed the difficulty of building the frontage road given the number of property owners involved, environmental constraints and the fact that state grant funds previously earmarked for the project are no longer available. Commissioners on the Planning Commission and council members noted the dealership had offered to discuss cross-property easements to mitigate access issues.

After discussion, the council adopted the resolution approving the conditional-use permit amendment for Kunis Buick GMC. The motion carried on the council’s recorded vote.

Separately, the council approved a resolution authorizing staff to advertise and bid the recommended road-rehabilitation projects for 2026. Matt Sullivan, assistant city administrator and city engineer, said the list reflects the city’s enhanced surface transportation program and about $4 million of directed investment: roughly $250,000 for sidewalks and about $3.75 million for road improvements. Sullivan described the selection process—using PASER pavement ratings, traffic volumes, departmental input and utility CIP coordination—and said the package mixes subdivision work and arterial resurfacing (including sections of Shepherd Avenue, Centennial and Pewitt). The city also included alternative bid items ranging from roughly $100,000 to $500,000 so engineering can add projects if bid results allow.

Sullivan noted two railroad-crossing projects remain in permitting and coordination with the railroad; those crossings are intended to be included in the bidding package but require additional environmental review and plan resubmission to the railroad.

The council then adopted an ordinance to repeal and recreate certain subsections of section 3.5 (stormwater) of the municipal code to clarify how agricultural parcels are classified and charged. Sullivan said the city’s environmental specialist reviewed the stormwater fee methodology and recommended separating small agricultural parcels into a distinct classification: either charged as a single residential ERU at $70 (residential agricultural) or charged as commercial according to commercial rates. He said staff worked with assessors and the city attorney to align code language with billing practice.

Votes at a glance

- Conditional-use permit amendment for Kunis Buick GMC (addresses listed in the public hearing: 7020 S. 20th St. and 2420 W. Rawson Ave.): council adopted the resolution approving the amendment; Planning Commission had recommended approval. Adjacent-property attorney Emil Ovia Galay objected, citing land-locking risks and a missing memorandum of understanding. (Motion mover recorded as “Mark.” Second: recorded. Outcome: approved on recorded roll call.)

- Resolution authorizing advertisement and public bid for 2026 road rehabilitation projects (2026 bid package, includes base bid sections and named streets such as Shepherd Avenue, Centennial, Pewitt; alternative bid items $100,000–$500,000): adopted on recorded roll call; project coordination noted with Oak Creek-Franklin School District and the railroad for crossings.

- Ordinance repealing and recreating stormwater customer-classification subsections (municipal code section 3.5 H1): adopted on recorded roll call; clarifies agricultural parcel billing (residential agricultural = 1 ERU = $70 or commercial classification).

Other formal actions

- Approval of minutes for Oct. 7, 2025 (motion adopted on roll call). - License-committee recommendations for operator licenses (approved as listed). - Vendor summary report dated Oct. 15, 2025 in the amount of $1,309,943.98 (approved on roll call).

Why it matters

Removing the construction condition for the Kunis dealership clears a regulatory obstacle for the property owner but raised concerns from an adjoining property owner that it could hinder the neighboring parcel’s future access and development. The road-bid authorization advances the city’s multiyear pavement program and aims to deliver both subdivision-level repairs and higher-profile arterial resurfacing. The stormwater-code changes align billing language with staff practice and may affect how a small number of agricultural parcels are charged.

What’s next

- The Kunis permit amendment is effective per the adopted resolution and any recorded conditions of approval. - Engineering will advertise the 2026 road-rehabilitation bid package; staff will return to council for contract awards after bid opening. - The stormwater ordinance takes effect according to the municipal code’s schedule for ordinance enactment.