City of Milwaukee - File #: 041100

• File #: 041100
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 11/23/2004
• In control: PUBLIC WORKS COMMITTEE
• Final action: 12/21/2004
• Title: Substitute resolution authorizing the State of Wisconsin Department of Natural Resources to operate and maintain segments of the planned Hank Aaron State Trail to be located off-road but within existing and to-be-acquired City of Milwaukee public street right-of-way.
• Sponsors: ALD. MURPHY
• Indexes: BICYCLES, INTERGOVERNMENTAL AGREEMENTS, MENOMONEE RIVER VALLEY, RECREATION, WISCONSIN DEPARTMENT OF NATURAL RESOURCES

Date	Ver.	Action By	Action	Result	Tally
12/23/2004	1	MAYOR	SIGNED
12/21/2004	1	COMMON COUNCIL	ADOPTED	Pass	15:0
12/8/2004	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION	Pass	5:0
12/1/2004	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
12/1/2004	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
11/30/2004	1	CITY CLERK	DRAFT SUBMITTED
11/29/2004		PUBLIC WORKS COMMITTEE	REFERRED TO
11/23/2004	0	COMMON COUNCIL	ASSIGNED TO

Number

041100

Version

SUBSTITUTE 1

Reference

Sponsor

ALD. MURPHY

Title

Substitute resolution authorizing the State of Wisconsin Department of Natural Resources to operate and maintain segments of the planned Hank Aaron State Trail to be located off-road but within existing and to-be-acquired City of Milwaukee public street right-of-way.

Analysis

The City of Milwaukee and the State of Wisconsin Department of Natural Resources intend to enter into a Memorandum of Agreement governing the development, funding, operation and maintenance of the Hank Aaron State Trail.  This resolution authorizes the Commissioner of Public Works to issue a permit to the Department of Natural Resources allowing the Department of Natural Resources to operate and maintain those segments of the Hank Aaron State Trail that will be located off-road but within City public street right-of-way.  The terms and conditions of the permit shall reflect the terms and conditions of the Memorandum of Agreement.

Body

Whereas, The State of Wisconsin Department of Natural Resources (DNR) has a longstanding plan to develop a pedestrian/bicycle path through the Menomonee Valley to be known as the Hank Aaron State Trail (HAST); and

Whereas, The City of Milwaukee has worked with the DNR in planning the HAST and has cooperated in the initial steps of its implementation; and

Whereas, Plans for the trail show that a significant portion of it will be located off-road but in existing and anticipated City street right-of-way; and

Whereas, In July of 2004 the Common Council approved file number 040006 authorizing appropriate City officials to execute a Memorandum of Agreement with the Department of Natural Resources; and

Whereas, This Agreement outlines the responsibilities of the DNR and the City regarding the design, development, funding, operation, and maintenance of the HAST; and

Whereas, The Agreement provides that the DNR will take full responsibility for management of the trail; and

Whereas, In order for the DNR to fulfill its obligations under the Agreement, the City must grant the DNR the right to operate and maintain those trail segments that will be located in current and future City street right-of-way; and

Whereas, A map illustrating the affected right-of-way areas is attached to this file; now, therefore, be it

Resolved, That the Commissioner of Public Works is hereby authorized to issue one or more permits to the DNR allowing the DNR to operate and maintain those segments of the Hank Aaron State Trail that will be located off-road within City street right-of-way; and, be it

Further Resolved, That the Commissioner shall establish the appropriate permit conditions to ensure that the DNR's operation and maintenance of the trail segments is consistent with the spirit, purpose, and intent of the approved Memorandum of Agreement.

Requestor

The Department of Public Works

Drafter

JJM:THM:ph

11/29/2004

DOC:  HANKAARONSTATETRAI.res