City of Milwaukee - File #: 070574

• File #: 070574
• Version: 0
• Type: Resolution
• Status: Passed
• File created: 7/11/2007
• In control: PUBLIC WORKS COMMITTEE
• Final action: 7/31/2007
• Title: Resolution authorizing the Commissioner of Public Works to execute a cooperation agreement with Ziegler/Bence Partners 5, LLC, to define the scope of the construction of storm water treatment facilities at the former Stockyards Property in the Menomonee River Valley.
• Sponsors: ALD. BAUMAN
• Indexes: AGREEMENTS, MENOMONEE RIVER VALLEY, MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, SEWER IMPROVEMENTS

Date	Ver.	Action By	Action	Result	Tally
8/10/2007	0	MAYOR	SIGNED
7/31/2007	0	COMMON COUNCIL	ADOPTED	Pass	14:0
7/18/2007	0	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION; Minutes note: Appearances by: Mr. Jeff Polenske, City Engineer Tim Thur, Department of Public Works-Infrastructure Laura Bray, Executive Director, Menomonee Valley Partners, Inc.	Pass	5:0
7/16/2007	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
7/11/2007	0	COMMON COUNCIL	ASSIGNED TO

Number

070574

Version

ORIGINAL

Reference

041741

Sponsor

ALD. BAUMAN

Title

Resolution authorizing the Commissioner of Public Works to execute a cooperation agreement with Ziegler/Bence Partners 5, LLC, to define the scope of the construction of storm water treatment facilities at the former Stockyards Property in the Menomonee River Valley.

Analysis

This resolution authorizes the Commissioner of Public Works to execute a cooperation agreement with Ziegler/Bence Partners 5, LLC, to define the scope of the construction of storm water treatment facilities at the former Stockyards Property located in the Menomonee River Valley near West Canal Street and North 13^th Street extended.

Body

Whereas, As part of the City’s continuing effort to develop the Menomonee River Valley, the City entered into an agreement (“Agreement”) on September 26, 2005 with Menomonee Valley Partners, Inc. (“MVP”), for the design and construction of a bio-retention facility (“Facility”) for the treatment of storm water from a portion of the West Canal Street Right of Way and the former Stockyards Property located near West Canal Street and North 13^th Street extended; and

Whereas, The former Stockyards Property (“Property”) is now owned by Ziegler/Bence Partners 5, LLC (“Owner”); and

Whereas, The Agreement stated that the City and MVP shall be jointly responsible for designing and developing the Facility; and

Whereas, The Agreement stated that the City shall construct the Facility at a cost that shall not exceed $1,000,000.00; and

Whereas, In the 2006 budget, the City budgeted $1,000,000.00 to construct the Facility and therefore the adoption of this resolution shall not have a fiscal impact; and

Whereas, The City advertised the Facility for bids on three separate occasions; and

Whereas, The first two advertisements for bid did not result in any bids equal to or less than $1,000,000.00; and

Whereas, The third advertisement for bid did not result in any bids whatsoever; and

Whereas, The City has determined that the construction of the Facility at a cost equal to or less than $1,000,000.00 is no longer feasible; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee, That an agreement shall be negotiated between the Owner and the City, and this agreement shall comply with the following guidelines:

1.                     In lieu of a bio-retention facility, the City shall provide a public main storm sewer along the eastern edge of the Property to provide drainage for the Property, and the City shall provide storm water treatment devices to meet City Municipal Code 120 requirements, including a minimum of 40% total suspended solids (TSS) removal for the Property, and

2.                     The City shall provide storm water treatment devices to meet City Municipal Code 120 requirements, including a minimum of 40% total suspended solids (TSS) removal for the subject portion of the West Canal Street Right of Way, and

3.                     The City shall provide the necessary infrastructure to allow for the future construction of a bio-retention facility, at which time it is determined to be feasible, and

4.                     The City shall make a good faith effort to obtain a minimum of 80% total suspended solids (TSS) removal for the subject portion of the West Canal Street Right of Way and the Property; and, be it

Further Resolved, That the storm water treatment facilities for the Property and the subject portion of the West Canal Street Right of Way shall cost the City a total of no more than $1,000,000.00; and, be it

Further Resolved, That the Commissioner of Public Works is hereby authorized to execute an agreement for storm water treatment facilities at the Property and the West Canal Street Right of Way which complies with all guidelines of this resolution; and, be it

Further Resolved, That the authority hereby conferred upon the Commissioner of Public Works to execute the agreement includes the authority to make and/or negotiate reasonable modifications that do not substantially deviate from the guidelines and do not change the intent of this resolution.

Requestor

Department of Public Works

Drafter

Infrastructure Service Division

NMJ/RTP

July 5, 2007