Number
191269
Version
SUBSTITUTE 1
Reference
141123, 141459, 160076, 170429, 181369
Sponsor
THE CHAIR
Title
Substitute resolution approving an Operating Agreement with Milwaukee Marathon, LLC, for staging of the 2020 Milwaukee Marathon.
Analysis
This resolution approves an Operating Agreement with Milwaukee Marathon, LLC, for the staging of the 2020 Milwaukee Marathon.
Body
Whereas, Milwaukee Marathon, LLC, a Wisconsin limited liability company, d/b/a The Milwaukee Marathon, whose address is 45 Bromfield St., Suite 801, Boston, MA 02108, filed an electronic special event application (“Initial Application”) to stage on April 11, 2020, a marathon, half-marathon, and 5K distance-running event named the 2020 Milwaukee Marathon (“the Event”); and
Whereas, The City has entered into operating agreements with previous organizers for the staging of earlier versions of the Event; and
Whereas, As with previous Milwaukee Marathons, the Event’s route is proposed to be entirely within the geographic boundaries of the city; and
Whereas, The staging of the Event requires significant City resources, particularly Milwaukee Police Department and Department of Public Works resources relating to traffic control before, during and after the Event; and
Whereas, The Department of Public Works does not have sufficient traffic control equipment needed for the Event; and
Whereas, By Common Council Resolution File Number 141123, adopted on November 25, 2014, the Common Council determined that City taxpayers should not bear the costs of City services provided to support the Event, but, rather, that the City should fully recover those costs from the Event organizer; and
Whereas, The Commissioner of Public Works (“Commissioner”) is authorized to approve or deny special event permit applications according to the criteria set forth in s. 105-55.5-2-c-1 to 11 of the Code of Ordinances; and
Whereas, The Commissioner has determined that in the absence of an Operating Agreement, a special event permit would not meet the criteria in s. 105-55.5-2-c-1 because the Event is of such a size or nature requiring the diversion of so great a number of police officers, ambulances or other emergency services as to deny reasonable emergency services to the city as a whole; and
Whereas, The Commissioner has determined that in the absence of an Operating Agreement, a special event permit would not meet the criteria in s. 105-55.5-2-c-2 because the time, route, size and nature of the Event will unreasonably disrupt the safe and orderly use of any street or any public, or material portion thereof, which is ordinarily subject to great congestion or traffic at the proposed time, or substantially interrupt the safe and orderly movement of other traffic; and
Whereas, By letter dated September 18, 2019, the Commissioner notified Milwaukee Marathon, LLC, that the Initial Application was denied on the basis of the Commissioner’s aforementioned determinations; and
Whereas, The economic impact of this type of event on Milwaukee could be substantial, with thousands of participants and their families using or visiting Milwaukee’s hotels, restaurants and tourist attractions; and
Whereas, The Common Council reaffirms its finding that City taxpayers should not be required to bear the costs of City services provided to support the Event, but, rather, that the City should fully recover those costs from Milwaukee Marathon, LLC; and
Whereas, The City Attorney’s Office has prepared the attached Operating Agreement for the Common Council’s review and approval; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the attached draft Operating Agreement between the City of Milwaukee and Milwaukee Marathon, LLC, for staging of the 2020 Milwaukee Marathon is approved; and, be it
Further Resolved, That the proper City officials are authorized and directed to execute an Operating Agreement with Milwaukee Marathon LLC that is substantially the same as the draft Operating Agreement attached to this file.
Requestor
Department of Public Works
Drafter
JJK
LRB191269-2
Teodros W. Medhin
11/27/2019