Number
051694
Version
SUBSTITUTE 2
Reference
Sponsor
THE CHAIR
Title
Substitute resolution approving a settlement agreement with the United States of America relating to a complaint filed under the Americans with Disabilities Act and approving amendment no. 13 to the riverwalk development agreement with Business Improvement District No. 15. (This resolution will appropriate City funds.)
Analysis
This resolution approves the settlement agreement by and among the United States of America, City of Milwaukee, Board of Business Improvement District No. 15 ("Board") and Milwaukee County ("County"). The settlement agreement resolves an August 6, 2003 United States Justice Department ("Department") investigation that was instituted as a result of a complaint filed with the Department under the Americans with Disabilities Act ("ADA"). The settlement agreement requires the City, County, and Board to undertake, subject in part to subsequent annual budgetary appropriations and assessments, certain remedial work (including the addition of ramps and lifts to the riverwalk) to sections of the Milwaukee Riverwalk located between Juneau Avenue and Clybourn Street. The total estimated cost of all of the remedial work, including all design costs, is $1.5 million. The City will pay for all initial remedial costs, except the work to be undertaken by Milwaukee County, and then will recover back 22% of those costs from the owners within BID-15 who will be specially assessed over an approximately 15 year period. This was the same funding method used to initially fund the construction of the riverwalk segments under the 1994 Riverwalk Development Agreement, as amended, between the City and the Board. By entry into the settlement agreement, the City, County and Board do not admit to any violations of the ADA.
Body
Whereas, On August 6, 2003, the United States Department of Justice ("Department") commenced an investigation of a complaint made to the Department. The complaint alleged that the owners and operators of various riverwalk segments on both sides of the Milwaukee River between Juneau Avenue and Clybourn Street were in violation of Title II and/or III of the Americans with Disabilities Act ("ADA"); and
Whereas, All of the affected riverwalk segments were within the boundaries of Business Improvement District No. 15 ("BID-15"). The segments adjacent to various privately owned buildings were owned by the building owners, the segments adjacent to street and alley ends were owned by the City and the segments adjacent to Pere Marquette Park and the Marcus Center for the Performing Arts were owned by Milwaukee County. The majority of the riverwalk segments were constructed pursuant to a 1994 Riverwalk Development Agreement, as amended, between the City and Board of BID-15 ("Board"); and
Whereas, In order to respond to the Department's investigation of the ADA complaint, the City, and Board, working in conjunction with the County, retained an ADA facilities expert, the URS Corporation, to review the complaint and make recommendations on whether there were any potential ADA violations for the various riverwalk segments and if so, what should be done to remedy those apparent violations; and
Whereas, URS prepared an October, 2004 report, analyzing whether there were any potential ADA violations and making recommendations for remediation in those instances in which it found that there were arguable ADA violations; and
Whereas, After the review by the Department of City Development, Department of Public Works, City Attorney, and Board, and after consultation with the Mayor and the Common Council President, the URS report was presented to the Department and negotiations to resolve the ADA complaint were initiated between the parties; and
Whereas, As a result of those negotiations, the City Attorney, Department of City Development, Department of Public Works and Board reached, subject to approval by the Common Council, a settlement with the Department of the ADA complaint embodied in the settlement agreement attached to this file. The County will also consider implementation of those aspects of the settlement agreement that relate to the County's riverwalk at Pere Marquette Park; and
Whereas, The Board has agreed to a thirteenth amendment to its 1994 Riverwalk Development Agreement with the City in order to permit the imposition of special assessments on BID-15 owners to pay for 22%, plus interest, over approximately 15 years of the cost of implementing the remedial work (except for the County's work at Pere Marquette Park) referenced in the settlement agreement. The current estimate of the remedial cost is $1.5 million; and
Whereas, The Board, on April 24, 2006, has approved Amendment No. 1 to its 2006 Operating Plan, a copy of which is attached hereto, and has requested Common Council consideration and approval of same in furtherance of the implementation of said settlement agreement; and
Whereas, The Common Council desires to approve Amendment No. 1 to the 2006 Operating Plan for BID-15; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the City Attorney is hereby authorized and directed to execute the settlement agreement with the United States of America attached to this file; and be it
Further Resolved, That the proper City officers are hereby authorized and directed to execute the thirteenth amendment to the riverwalk development agreement with BID-15 also attached to this file; and be it
Further Resolved, The City Comptroller is authorized and directed to transfer the amount of $500,000 from the Development Fund to the Riverwalk ADA compliance account, UR03397600, and $1,000,000 from contingent borrowing in order to equal the agreed to settlement of $1,500,000 with the United States of America attached to this file. The $1,000,000 in contingent borrowing will be replaced by $1,000,000 ($500,000 per year) in Development Funds upon approval of the 2007 & 2008 Development Fund capital budget; and, be it
Further Resolved, That Amendment No. 1 to the 2006 Operating Plan for BID-15 be and is hereby approved.
Requestor
Drafter
PBM:dms
April 11, 2006
1052-2003-2537:102114