Number
061478
Version
SUBSTITUTE 1
Reference
060003
Sponsor
THE CHAIR
Title
Substitute resolution to amend a special privilege to Forest County Potawatomi Community of Wisconsin to construct and maintain a non-code compliant canopy in the public right-of-way for the premises at 1721 West Canal Street, in the 8th Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege to Forest County Potawatomi Community of Wisconsin to construct and maintain a non-code compliant canopy in the public right-of-way for the premises at 1721 West Canal Street.
Body
Whereas, The applicant had previously requested permission to construct and maintain four 2-inch diameter conduits under and across South 19th Street, south of West Potawatomi Circle, to carry power from a parking structure to a parking lot; and
Whereas, Permission was originally granted in 2005 under Common Council Resolution File Number 041239; and
Whereas, The applicant had also requested permission to construct and maintain four 4-inch conduits under West Potawatomi Circle at 19th Street to provide security and surveillance service to facilities south of West Potawatomi Circle; and
Whereas, Permission was granted in 2006 under Common Council Resolution File Number 060003; and
Whereas, The applicant is now requesting permission to construct a non-code compliant canopy in the public right-of-way to provide shelter for bus passengers dropped off at its new parking structure; and
Whereas, The canopy will not be code compliant because it will project beyond the street curb, a situation that is due to changes in the street curb alignment made by the applicant; and
Whereas, Said items may only legally encroach into the public right-of-way by the granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 060003 is hereby rescinded; and, be it
Further Resolved, That Forest County Potawatomi Community of Wisconsin, c/o Robert Fenlon, 1721 West Canal Street, Milwaukee, Wisconsin 53233 is hereby granted the following special privileges:
1. To construct and maintain a non-code compliant canopy projecting a maximum of 5 feet 2.5 inches into West Potawatomi Circle. Said canopy is to be a minimum of 15 feet above the roadway pavement between 170 and 305 feet east of the eastline of South 19th Street. The area of the non-code compliant portion of the canopy is 247.89 square feet.
2. To keep and maintain an underground conduit package consisting of four, 4-inch diameter conduits under and across West Potawatomi Circle. Said conduits enter the public right-of-way at a point approximately 38 feet north of the northline of West Potawatomi Circle at the westline of South 19th Street. Said conduits extend approximately 47 feet to the south, where they turn and continue to the southeast for 80 feet to meet the eastline of South 19th Street at a point approximately 5 feet south of the southline of West Potawatomi Circle. Said conduit shall be a minimum of 36 inches below the street surface. Total length of the package is 127 feet.
3. To keep and maintain an underground conduit package comprised of four, 2-inch pipes crossing the 50-foot wide right-of-way of South 19th Street approximately 3 feet south of the southline of West Potawatomi Circle. Said underground conduit shall be a minimum of 24 inches below the street surface. Total length of the package is 50 feet.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained prior to the granting of this special privilege.
Said items shall be maintained or removed from the public right-of-way, at such future time as they are no longer needed, to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Forest County Potawatomi Community of Wisconsin, shall:
1. Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
2. File with the City Clerk a bond of a surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $10,000 such bond to be approved by the City Attorney. This applicant shall also file with the City Clerk a certificate of insurance indicating applicant holds a public liability policy in the sum of at least $100,000 covering bodily injury to any one person and $200,000 covering bodily injury to more than one person in any one accident and $40,000 covering property damage to any own owner on the area or areas included within the special privilege and naming the City of Milwaukee as an insured. Both bond and insurance policy shall provide that they shall not be cancelled until after at least thirty days’ notice in writing to the City Clerk.
3. Pay to the City Treasurer an annual fee, which has an initial amount of $212.00. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
4. Whenever this special privilege is discontinued for any reason whatsoever, including public necessity whenever so ordered by resolution adopted by the Common Council not only remove all construction work executed pursuant to this special privilege, but shall also restore to its former condition and to the approval of the Commissioner of Public Works and curb, pavement or other public improvement which was removed, changed or disturbed by reason of the granting of this special privilege. Such grantee shall be entitled to no damages due to the alteration and/or removal for such purposes.
5. Waive the right to contest in any manner the validity of Section 66.0425 of the Wisconsin Statutes (1999), or the amount of the annual fixed fee, payable on or before July 1st of each year.
6. Put this special privilege into use within one year after approval by the Common Council of the City of Milwaukee; failing to do so in the time specified, the Commissioner of Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
7. Not now or in the future use the cable communication facility in a manner that will conflict with the provisions of Chapter 99 of the Code of Ordinances regarding the transmission and distribution of video entertainment programming to subscribers.
8. Join and continue to be a member of Digger’s Hotline, the one call system that operates in the Milwaukee area, as long as there is a private underground cable in the public right-of-way serving facilities on the north and south sides of West Potawatomi Circle and the east and west sides of North 19th Street, as required in Section 182.0175(lm)(6) of the Wisconsin Statutes.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:lja
May 15, 2007
061478