City of Oak Creek
Common Council Report
Meeting Date: April 4, 2005
Item No.: 5
Recommendation: That the Council adopt Resolution No. 10502-040405 approving the License Agreement between Wisconsin Electric Power Company (We Energies), and the City of Oak Creek (City) regarding the construction, operation and maintenance of a recreation trail.
Background: The City granted We Energies a Conditional Use Permit (CUP) for construction of the Elm Road Generating Station (ERGS) on lands owned by We Energies. As a condition of the CUP, We Energies agreed to construct a recreational trail on a portion of its lands as described in the Agreement. The proposed (Oakwood Road to County Line Road) trail, which We Energies would construct on behalf of WEC, would consist of eleven (11) foot wide gravel or crushed stone surface, nine (9) inches deep and would be developed in three (3) phases as outlined in the attached recreation trail proposal and agreement. In order to allow for public access and use of the trail, the City would be required to take ownership of the trail and enter into a license agreement with We Energies to use the land which the trail will be located on.
The operation and maintenance of the trail would be at the cost and expense of We Energies until unit two (2) of the ERGS is fully operational, but no later than May 1, 2011 (maintenance end date). We Energies hasn’t agreed to asphalt pave the trail and therefore paving would be at the City’s expense.
Subsequent to the maintenance end date, after major construction of the Oak Creek Power Plant has been completed, but no later than May 1, 2011, the City will be responsible for taking over all costs and expenses related to the maintenance and operations of the trail.
The City of Oak Creek official bikeway map enclosed includes a proposed off-road bike trail segment from Oakwood Road south to Racine County. The We Energies recreation trail proposal (located west of City proposed trail) would provide this trail segment.
At their meeting on Thursday, November 8, 2004, the Parks, Recreation & Forestry Commission reviewed a preliminary draft of the License Agreement and unanimously recommended that the Council approve the License Agreement.
Fiscal Impact: Cost estimates for signage and asphalting 1 ¼ miles of recreational trail are approximately $70,000 in 2011. Trail maintenance will be minimal. Asphalt crack filling will eventually be needed on occasion. The bikeway escrow fund currently contains approximately $215,863.
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Prepared by:
Douglas A. Schachtner, CPRP Director Parks, Rec & Forestry Dept. |
Respectfully submitted,
Barbara S. Blumenfield, Ph.D City Administrator |
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Fiscal Review by:
Beverly A. Buretta, CMC City Clerk |
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RESOLUTION NO. 10502-040405
RESOLUTION APPROVING A LICENSE AGREEMENT WITH
WE ENERGIES FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A RECREATIONAL TRAIL
(4TH ALDERMANIC DISTRICT)
WHEREAS, The City of Oak Creek and Wisconsin Electric Power Company (WE Energies) have agreed to the construction, operation and maintenance of a recreational trail as outlined in the attached License Agreement.
THEREFORE, BE IT RESOLVED, that the License Agreement by and between the City of Oak Creek and Wisconsin Electric Power Company, a Wisconsin Corporation doing business as WE Energies be and the same is hereby approved and the Mayor and City Clerk are hereby authorized to execute the same in behalf of the City of Oak Creek.
Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 4th day of April, 2005.
Passed and adopted this 4th day of April, 2005.
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President, Common Council
Approved this 4th day of April 2005
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Mayor Richard R. Bolender
ATTEST:
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City Clerk
VOTE: Ayes ________ Noes ________