City of Milwaukee - File #: 070291

• File #: 070291
• Version: 1
• Type: Resolution
• Status: Passed
• File created: 5/30/2007
• In control: PUBLIC WORKS COMMITTEE
• Final action: 6/19/2007
• Title: Substitute resolution authorizing the Commissioner of Public Works to enter into an agreement with Soo Line Railroad Company (doing business as Canadian Pacific Railway) to allow the creation of a public pedestrian and recreational trail between Pierce Street and the Menomonee Valley.
• Sponsors: THE CHAIR
• Indexes: AGREEMENTS, PUBLIC IMPROVEMENTS, RAILROADS

Date	Ver.	Action By	Action	Result	Tally
6/26/2007	1	MAYOR	SIGNED
6/19/2007	1	COMMON COUNCIL	ADOPTED	Pass	13:1
6/6/2007	0	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION; Minutes note: Appearances by: Gregg Hagopian, Assistant City Attorney Corey Zetts, Menomonee Valley Partners	Pass	5:0
6/1/2007	1	CITY CLERK	DRAFT SUBMITTED
6/1/2007	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
5/30/2007	0	COMMON COUNCIL	ASSIGNED TO

Number

070291

Version

Substitute 1

Reference

040006

Sponsor

Ald. Donovan

Title

Substitute resolution authorizing the Commissioner of Public Works to enter into an agreement with Soo Line Railroad Company (doing business as Canadian Pacific Railway) to allow the creation of a public pedestrian and recreational trail between Pierce Street and the Menomonee Valley.

Analysis

This resolution permits the City of Milwaukee to finalize negotiations of and to enter into an agreement with the Soo Line Railroad Company in order to extend a pedestrian, public, and recreational trail over or under the Soo Line’s railroad tracks to provide access from the south (and the City right-of-way at or near 37^th Street and West Pierce Street) to the Airline Yards abutting the Menomonee River near Canal Street.

Body

Whereas, The City of Milwaukee (“City”), by Common Council Resolution File No. 040006, authorized City entry into a Memorandum of Agreement with the State Department of Natural Resources (“DNR”) regarding establishment and maintenance of approximately 6 miles of the Hank Aaron State Trail (“HSAT”) in the City; and

Whereas, The City and the DNR did enter into a Memorandum of Agreement as contemplated by said Resolution File No. 040006 (the “City-DNR MOU”); and

Whereas, The City’s Department of City Development (“DCD”) and Department of Public Works (“DPW”) and the Redevelopment Authority of the City of Milwaukee (“RACM”) have  been working with the Menomonee Valley Partners, Inc. (“MVP”) regarding implementation of the RACM-approved (RACM Resolution No. 9812) “Menomonee Valley Industrial Center and Community Park Master Land Use Plan” (“MVIC Land Use Plan”); and

Whereas, The MVIC Land Use Plan envisions converting parts of the now-owned-RACM lands that are part of the Menomonee Valley Industrial Center (“MVIC”) into park lands, including public and pedestrian trails, and a trail connecting the right-of-way, sidewalk area of 37^th Street and Pierce with and to the RACM Lands known as “River Lawn” (i.e. Parcel 3 of CSM 7701); (being RACM lands north of the river) and the “Airline Yards” (being RACM lands south of the river); and

Whereas, RACM and MVP, per RACM Resolution File No. 9610, entered into a “Memorandum of Understanding” regarding fundraising efforts for implementation of landscaping for the park lands envisioned; and

Whereas, For the trail to connect the 37^th and Pierce right-of-way with River Lawn and the Airline Yards as contemplated, the trail must pass under or over railroad tracks owned and controlled by the Soo Line Railroad Company (herein called “CP Rail”); and

Whereas,  DCD and DPW, with assistance of the City Attorney’s Office, negotiated with CP Rail the “2007 Milwaukee 37^th Street Tunnel Agreement” (“Tunnel Agreement”) that is part of this file; and

Whereas, Under the Tunnel Agreement, CP Rail is willing to grant to the City and public easement rights allowing the extension of the trail under or over the CP Rail tracks; and

Whereas, City’s duties under the Tunnel Agreement are contingent upon a number of matters, including: MVP’s affiliate, MVP Acquisition, LLC (“MVP-ACQ”) (or others), granting fee title to the City in parcels that currently lie between the right-of-way at 37^th and Pierce and the CP Rail property; MVP or third parties providing the City with adequate funds for the City to fulfill its duties under the Tunnel Agreement (including funds to design and build the trail and to extend same over or under the CP Rail tracks and for extending the trail over the Menomonee River; and the City, MVP, RACM, and DNR entering into a contract (the “Master Contract”) regarding the trail including maintenance and repair, and making the trail be part of the HAST; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee, that the DPW Commissioner, or designee, in consultation with the City Attorney, is authorized and directed to finalize negotiations with CP Rail regarding the Tunnel Agreement; and, be it

Further Resolved, That the DPW Commissioner and proper City officials are authorized to execute the finalized Tunnel Agreement and to take necessary action thereunder to effectuate the purpose and intent of this resolution - providing however that it is understood that the Common Council must approve any Master Contract before the City enters same, and that the City will not accept title to real-property interests (as contemplated by the Tunnel Agreement) until the Master Contract has been approved and entered.

Requestor

Department of Public Works

Drafter

Infrastructure Services Division

Date

May 29, 2007

05/29/07

CAO DOC 119664