Number
000566
Version
SUBSTITUTE
Reference
911076
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to 1000 Water Street Condominium Association, Incorporated for change of name and to grant permission for two light fixtures on city-owned light poles on Highland Avenue at 1000 North Water Street, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution formally grants an amended special privilege to 1000 Water Street Condominium Association, Incorporated for encroachment into the public right-of-way of two lights on city-owned light poles with underground electrical conduit on Highland Avenue and for change of ownership for items already granted permission for the building at 1000 North Water Street.
Body
Whereas, W/S-I Limited Partnership requested permission for tree grates, lights in the tree grates, underground electrical conduits, granite pavers and a backup driveway; and
Whereas, Permission was granted in 1991 under Common Council Resolution File Number 911076; and
Whereas, The property is a condominium with 1000 Water Street Condominium Association, Incorporated as its condominium association; and
Whereas, The applicant had subsequently requested permission to install three light poles, however the Department of Public Works coordinated with the applicant to replace two existing light poles with special street light poles capable of supporting necessary street lighting and the additional light fixtures desired by the applicant; and
Whereas, A site visit revealed the presence of tree guards at every tree grate; and
Whereas, The lights on city-owned light poles may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; and
Whereas, For the liability to be formally transferred to the condo association for the existing items, the Common Council needs to adopt an amending resolution; now, be it
Resolved, That Common Council Resolution File Number 911076 is hereby rescinded;
and, be it
Further Resolved, By the Common Council of the City of Milwaukee that, 1000 Water Street Condominium Association, Incorporated, 1000 North Water Street, Suite 900, Milwaukee, Wisconsin 53202 is hereby granted the following special privileges:
1. To install and maintain two light fixtures on city-owned light poles in the 15-foot
wide north sidewalk area of East Highland Avenue. Said lights are to be attached to light poles centered approximately 12 feet 9 inches south of the northline of West Highland Avenue and 37 feet and 185 feet west of the westline of North Market Street.
Light fixtures shall be securely mounted to the city-owned light poles. Wiring to the light fixtures shall run through the raceway in said light poles, not along the outside of the poles. The City is not responsible for damage to owner’s light fixtures, wiring or other equipment related to said light fixtures. The applicant shall be responsible for any and all damage to city-owned light poles caused in connection with said light fixtures.
2. To construct and maintain underground electrical conduit between the light poles of item #1. Said conduit commences approximately 37 feet west of the westline of North Market Street and 12 feet 9 inches south of the northline of West Highland Avenue and runs north 144 feet. The system is powered by an in-ground box powered by service from the property at 1114 North Water Street.
3. To keep and maintain 19 tree grates with tree guards as follows: 6 tree grates in the 12-foot wide east sidewalk area of North Water Street centered approximately 53, 102, 147, 217, 262 and 312 feet south of the southline of East Highland Avenue and 9, 9, 9, 9, 8 and 6 feet west of the eastline of North Water Street; 4 tree grates in the 15-foot wide south sidewalk area of East Highland Avenue centered approximately 35, 75, 765 and 205 feet east of the eastline of North Water Street and 1.5, 1, 1 and 1.5 feet south of the southline of East Highland Avenue; 2 tree grates in the 15-foot wide south sidewalk area of East Highland Avenue centered approximately 75 and 165 feet east of the eastline of North Water Street and 12 and 12 feet north of the southline of East Highland Avenue; 5 tree grates in the 9-foot wide west sidewalk area of North Market Street centered approximately 29, 154, 179, 204 and 330 feet south of the southline of East Highland Avenue and 6 feet east of the westline of North Market Street; and 2 tree grates in the 12-foot wide north sidewalk area of East State Street centered approximately 69 and 161 feet west of the westline of North Market Street and 6.5 and 6 feet south of the northline of West State Street.
4. To keep and maintain lights to up-light each tree grate at the locations indicated in Item #3. Each tree grate has two lights, in opposite corners of the grate.
5. To keep and maintain 12-inch by 12-inch flamed-granite pavers in the north, 12-foot wide public sidewalk area of East State Street. The 120-foot wide section of pavers is centered approximately 115 feet west of the westline of North Market Street and extends from the back of curb toward and onto private property.
6. To keep and maintain 1-inch diameter conduit approximately 2 feet 6 inches below ground to power the light fixtures in each tree grate described in Item #3 and to provide power to proposed pedestrian lights, which have not been installed, however the conduit is in place. Conduit for the tree grate lights is located as follows: North Water Street, from the eastline extending west to each of the aforementioned tree grates; East Highland Avenue from the southline extending north to the aforementioned tree grates; and East State Street from the northline extending south to the aforementioned tree grates; North Market Street extending approximately 6 feet east of the westline at a point 147 feet south of the southline of East Highland Avenue then extending both north and south 182 feet 6 inches to the aforementioned tree grates. Conduit for the proposed pedestrian lighting is located as follows: commencing at the westline of North Market Street at a point approximately 147 feet south of the southline of East Highland Avenue and extending east 6 feet 6 inches, then south to the curb of East State Street (including a diagonal at the corner), then west 9 feet 6 inches south of the southline of East State Street toward the curb of North Water Street (including a diagonal at the corner), then north 9 feet 6 inches west of the eastline of North Water Street toward the curb of East Highland Avenue (including a diagonal at the corner), then east 180 approximately 12 feet 6 inches north of the southline of East Highland Avenue. The total length of said conduit is 1357 feet.
7. To keep and maintain a 30-foot wide concrete driveway in the west sidewalk area of North Market Street centered approximately 108 feet north of the northline of East State Street, serving two recessed, 3-foot wide service doors. The vehicles may occupy the sidewalk area and a portion of the roadway, but not beyond the roadway centerline. The dock shall not be used on any day between 7:00-9:00 AM and 4:30-6:30 PM.
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, 1000 Water Street Condominium Association, Incorporated, shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
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 $10,000.00 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.
Pay to the City Treasurer an annual fee, which has an initial amount of $3,100.97. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
Whenever this special privilege is discontinued for any reason whatsoever, including public necessity whenever so ordered by resolution adopted by the Common Council no 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.
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.
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 the Department of Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
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 as described in this special privilege and as required in Section 182.0175(lm)(6) of the Wisconsin Statutes.
Hold the City of Milwaukee harmless for any damage to grantee’s light fixtures, electrical wiring or other equipment related to said light fixtures mounted on city-owned light poles.
Be solely responsible for damage to city-owned light poles caused in connection with installation, operation and maintenance of grantee’s light fixtures mounted on city-owned light poles.
10. Implement sufficient traffic control while vehicles are using the backup driveway to allow continued, safe traffic flow on North Market Street. Traffic control measures may include, but are not limited to flagmen and traffic cones. The backup driveway shall not be used on any day between 7:00-9:00 AM and 4:30-6:30 PM.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:cjt
January 10, 2006
000566