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File #: 210823    Version:
Type: Ordinance Status: Passed
File created: 9/21/2021 In control: COMMON COUNCIL
On agenda: Final action: 3/22/2022
Effective date: 4/9/2022    
Title: A substitute ordinance granting an air space lease to the Wisconsin Center District for a building overhang on West Kilbourn Avenue.
Sponsors: THE CHAIR
Indexes: AIR SPACE LEASES
Attachments: 1. Application, 2. 01 Kilbourne Ave - R3 11.08.21.pdf, 3. 01 Kilbourne Ave - R4 12.13.21.pdf, 4. Letter from Air & Subterranean Space Lease Committee 1.18.2022.pdf, 5. WCD Kilbourn Overhang Lease Calc.pdf, 6. Lease, 7. Exhibit A, 8. 2021_1102 Air Rights Presentation, 9. City Plan Commission Letter.pdf, 10. Signed Ordinance, 11. Notice published 4/8/2022
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
4/8/20221 CITY CLERK PUBLISHED   Action details Meeting details Not available
3/29/20221 MAYOR SIGNED   Action details Meeting details Not available
3/22/20220 PUBLIC WORKS COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Individuals present: Dave Misky - Dept. of City Development Karen Dettmer - Interim Commissioner of Public Works
Pass5:0 Action details Meeting details Not available
3/22/20221 COMMON COUNCIL PASSEDPass14:0 Action details Meeting details Video Video
3/9/20220 PUBLIC WORKS COMMITTEE HELD TO CALL OF THE CHAIR

Minutes note: Items 13-16 were heard together. James Washington - Dept. of Public Works Tom Miller - City Attorney's Office Dave Miskey - Dept. of City Development Ald. Coggs Held to negotiate for a higher rental rate.
Pass5:0 Action details Meeting details Video Video
1/26/20220 PUBLIC WORKS COMMITTEE HELD TO CALL OF THE CHAIR

Minutes note: James Washington - DPW, David Misky - DCD and Thomas Miller - CA were present.
Pass5:0 Action details Meeting details Not available
1/24/20220 CITY PLAN COMMISSION RECOMMENDED FOR PASSAGE AND ASSIGNED

Minutes note: This item was heard in companionship with item 6, CCFN 210822. Appearing: Dawn Schmidt, DPW Mike Abrams, CAA Icon Scott Uhen, Eppstein Uhen Architects Dan Weiss, CAA Icon Tammy Bockhorst, 4th Ald. Dist, appeared in support on behalf of Ald. Robert Bauman. Member Washington moved approval, seconded by member Smith. Vice-chair Nemec abstaining. (Prevailed 5-0-1)
Pass5:0 Action details Meeting details Video Video
11/8/20210 CITY PLAN COMMISSION HELD IN COMMITTEEPass6:0 Action details Meeting details Not available
9/21/20210 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

210823

Version

SUBSTITUTE 1

Reference

 

Sponsor

THE CHAIR

Title

A substitute ordinance granting an air space lease to the Wisconsin Center District for a building overhang on West Kilbourn Avenue.

Analysis

In accordance with state law, this ordinance grants an airspace lease to the Wisconsin Center District for the purpose of constructing and maintaining a building overhang over West Kilbourn Avenue at 405 West Kilbourn Avenue (4th Aldermanic District).

Body                     

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

 

Part 1:  In accordance with the provisions of s. 66.0915(4), Wis. Stats., (2019-2020), the Common Council of the City of Milwaukee hereby authorizes, directs and agrees that the City of Milwaukee, through the proper City officers, enter into an air space lease with the Wisconsin Center District for a term of 99 years for the purpose of allowing Lessee to construct and maintain a building overhang on West Kilbourn Avenue at 405 West Kilbourn Avenue, as described in the lease. The Common Council further finds that the area described in the lease is not needed for street, alley or other public purposes and that the public interest will be served inasmuch as the leasing of the air space will promote the development of the downtown and the city’s tourism industry.

 

Part 2. Attached and made part of Common Council File No. 210823 is a copy of such lease in substantially the same form as the lease that will be signed.

 

Part 3.  All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.

 

Part 4.  The Department of City Development, through its real estate section, shall process, at the expense of the Lessee, the recording of this ordinance and the executed lease with the Milwaukee County Register of Deeds and shall forward the recording information, along with a final copy of this ordinance and the lease, to the City Engineer and the City Comptroller.

 

Part 5.  This ordinance shall take effect and be in force from and after its passage and publication.

 

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

 

________________________

Office of the City Attorney

Date:____________________

 

Requestor

 

Drafter

TDM/tdm

1053-2021-1127:278595

1/19/2022