City of Oak Creek

Common Council Report

Meeting Date:  April 4, 2005

Item No.:         6

Recommendation: That the council adopt Resolution No. 10504-040405 authorizing a petition to the Office of the Commission of Railroads for modification of an existing public road crossing at East Elm Road and the Union Pacific tracks for use as a recreation trail.

Background:  Currently, Elm Road, a public roadway, crosses the Union Pacific Railroad tracks just east of WE Energies western property line.  WE Energies proposal is to modify East Elm Road so that its sole use will be for recreational purposes east of WE Energies western property line.  In conjunction with this plan, an agreement to extend an existing recreational trail, a portion of which will cross over the UPRR tracks described above is scheduled for approval by the Common Council at the April 4, 2005, meeting.  The agreement was entered into pursuant to a conditional use permit granted by the City of Oak Creek for the construction of new coal-based generating units in Oak Creek (referred to as the Elm Road Generation Station or ERGS).

Construction on the recreation trail is anticipated to begin in July 2005.  Approval of the ERGS by the Public Service Commission (PSC) of Wisconsin was sent back to the PSC for further proceedings by a Dane County Circuit Court in November 2004.  The case is currently pending in the Wisconsin Supreme Court.  The start of construction in July will depend on a favorable decision by the Wisconsin Supreme Court.  We anticipate a decision by the Supreme Court in June 2005.  This resolution authorizes submittal of a petition to the Office of the Commission of Railroad to modify the existing public road crossing and the Union Pacific Railroad tracks as a recreational trail.  Construction of the recreational trail is contingent on WE Energies receiving necessary permits, authorization and approvals to construct the Elm Road Generating Station.

Fiscal Impact:  None

Prepared by: Douglas A. Schachtner, CPRP Director of Parks, Recreation & Forestry	Respectfully submitted, Barbara S. Blumenfield, Ph.D City Administrator
Fiscal Review by: Beverly A. Buretta, CMC City Clerk

RESOLUTION NO. 10504-040405

RESOLUTION AUTHORIZING A PETITION TO THE OFFICE OF

COMMISSION OF RAILROADS TO MODIFY A PUBLIC ROAD

CROSSING FOR USE AS A RECREATIONAL TRAIL

(4^th Aldermanic District)

            WHEREAS, Elm Road, a public roadway, crosses the Union Pacific Railroad (UPRR) tracks just east of the WE Energies western property line; and

            WHEREAS, The City of Oak Creek granted WE Energies a Conditional Use Permit (CUP) for the construction of the Elm Road Generating System; and

            WHEREAS, as a condition of the CUP, WE Energies agrees to construct a recreational trail, a portion of which will cross over the UPRR track at East Elm Road; and

            WHEREAS, the modification of the public road crossing at East Elm Road and the Union Pacific tracks is needed for use as a recreational trail; and

             THEREFORE, BE IT RESOLVED, that the City of Oak Creek will petition the Office of the Commission of Railroads for a modification of an existing public road crossing at East Elm Road and the Union Pacific Railroad tracks for use as a recreation trail 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 4^th day of April, 2005.

                                                            ____________________________________

                                                            President, Common Council

Approved this 4^th day of April 2005

                                                            ___________________________________

                                                            Mayor Richard R. Bolender

ATTEST:

__________________________________

City Clerk

                                                            VOTE:  Ayes ________     Noes ________