NUMB:
971904
VERS:
SUBSTITUTE 1
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution authorizing the Commissioner of Public Works to enter into an agreement with the Milwaukee Art Museum allowing the museum to dispose of excess fill from its expansion project at the City of Milwaukee's College Avenue solid waste disposal site.
ANLS:
- ANALYSIS - This resolution authorizes the Commissioner of Public Works to prepare and sign an agreement with the Milwaukee Art Museum on behalf of the City. The agreement would allow MAM to deposit soil excavated from the museum's lakefront expansion site at the City's College Avenue landfill facility. The Commissioner could only sign the agreement upon a finding by the City Attorney that the City will be adequately indemnified by the museum against all potential future liability associated with the fill and that the museum is committed to assume all costs of depositing the fill and any costs that may result from changes in the landfill site closure plan such additional fill might generate.
BODY:
Whereas, The Milwaukee Art Museum is expanding its facility located along the Milwaukee lakefront; and
Whereas, The expansion project will produce over 70,000 cubic yards of excavated fill material that must be removed from the site; and
Whereas; Over half of this fill material will be used to develop a rugby field on nearby Milwaukee County lakefront land; and
Whereas; The museum must find a disposal site for the remaining fill material because it cannot be accommodated along the lakefront; and
Whereas, The City of Milwaukee College Avenue fill site could accept this fill material because its composition and environmental characteristics are similar to those of the soils already deposited there; and
Whereas, The Milwaukee Art Museum is willing to 1) pay all costs associated with depositing the fill material, 2) pay all incremental City costs resulting from DNR required changes in the closure plan for the College Avenue solid landfill site, and 3) indemnify the City against all future liability that could potentially result from the museum fill; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the Commissioner of Public Works is authorized to enter into an agreement with the Milwaukee Art Museum allowing the museum to deposit up to 35,000 cubic yards of fill material excavated from the museum's lakefront expansion site into the City's College Avenue landfill facility; and, be it
Further Resolved, That prior to entering into such an agreement the Commissioner shall consult with the City Attorney who shall advise whether the agreement adequately ensures that the museum will 1) pay all costs associated with depositing the fill material, 2) pay all incremental City costs resulting from DNR required changes in the closure plan for the College Avenue landfill site, and 3) indemnify the City against all potential future liability that could potentially result from the museum fill.
DFTR:
DPW
THM:gs
MUSEUM.RES