Number
170429
Version
ORIGINAL
Reference
141123, 141459, 160076
Sponsor
Ald. Bohl
Title
Resolution approving an Operating Agreement with Nineteen88 Productions, LLC, for staging of the 2017 PNC Milwaukee Marathon in the City of Milwaukee.
Analysis
Resolution
Body
Whereas, Nineteen88 Productions, LLC, a Wisconsin limited liability company, d/b/a The Milwaukee Marathon, whose address is, 510 West Kilbourn Avenue, Floor 2, Milwaukee, WI 53203-1402, filed an electronic special event application (“Initial Application”) to stage on October 15, 2017, a large marathon, half-marathon, 10K, and 5K distance-running event named the 2017 PNC Milwaukee Marathon (“the Event”); and
Whereas, The City and Milwaukee Marathon, Inc., (“MMI”) entered into an Operating Agreement Between the City of Milwaukee and Milwaukee Marathon, Inc. for Staging of Inaugural Milwaukee Running Festival (“2015 Operating Agreement”) and an Operating Agreement Between the City of Milwaukee and Milwaukee Marathon, Inc. for Staging of 2016 Milwaukee Running Festival (“2016 Operating Agreement”); and
Whereas, Nineteen88 Productions, LLC is now exclusively managing the Event and is solely responsible for the marketing of the Event and performance of an Operating Agreement with the City; and
Whereas, The staging of the Event requires significant City resources, particularly Milwaukee Police Department (“MPD”) and Department of Public Works (“DPW”) resources relating to traffic control before, during and after the Event; and
Whereas, DPW does not have sufficient traffic control equipment needed for the Event; and
Whereas, By Resolution 141123, adopted on November 25, 2014, the Common Council found 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 is authorized to approve or deny special event permit applications according to the criteria set forth in MCO §§ 105-55.5-2-c-1 to c-11; and
Whereas, The Commissioner has determined that in the absence of an Operating Agreement, a special event permit would not meet the criteria in § 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 § 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, 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 of Milwaukee 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 Nineteen88 Productions, 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 Nineteen88 Productions, LLC for Staging of the 2017 PNC Milwaukee Marathon is approved; and, be it
Further Resolved, That the proper City officials are authorized and directed to execute an Operating Agreement with Nineteen88 Productions, LLC that is substantially the same as the draft Operating Agreement attached to this file.
Requestor
Department of Public Works
Drafter
TDM:tdm
June 22, 2017
1047-2017-846:240490v3