Number
041143
Version
SUBSTITUTE
Reference
980555
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Monique Stewart for encroachment into the public right-of-way of a retaining wall, with a fence for the premises at 3881 North 25th Street, in the 7th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants an amended special privilege to Monique Stewart, the new owner, to keep and maintain a retaining wall in the public way on the south side of West Melvina Street, adjacent to the premises at 3881 North 25th Street.
Body
Whereas, Charline Pittman requested a special privilege in order to keep and maintain a retaining wall within the public right-of-way adjacent to the premises at 3881 North 25th Street; and
Whereas, The retaining wall abuts the sidewalk, and therefore, does not comply with the requirements of Sec. 245-4.6, Retainment Devices in the Public Right-of-Way Abutting Residential Property; and
Whereas, The retaining wall as constructed may only be permitted to encroach into the public right-of-way by the granting of a special privilege; and
Whereas, Permission was granted in 1998 by adoption of Common Council Resolution File Number 980555; and
Whereas, A recent site visit revealed the presence of a fence atop the aforementioned concrete retaining wall that appears to act as a safety railing thereby preventing individuals from falling from atop said retaining wall; and
Whereas, Charline Pittman sold the property at 3881 North 25th Street to Monique Stewart; and
Whereas, For the liability to be formally transferred to the current owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, That Common Council Resolution File Number 980555 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Monique Stewart, 3881 North 25th Street, Milwaukee, WI 53206, is hereby granted the following special privileges:
1. To keep and maintain a concrete retaining wall with a fence within the public right-of-way on the south side of West Melvina Street, located at 3881 North 25th Street. Said concrete retaining wall commences at a point approximately 10 feet west of the westline of North 25th Street and extends west for a distance of approximately 65 feet. The 6-inch thick retaining wall encroaches into the 15-foot wide public sidewalk area approximately 2 feet. The wall height is approximately 2 feet 6 inches and 3 feet above grade, at its east and west ends, respectively. The fence, approximately 2 feet 6 inches tall and mounted atop said retaining wall, will be allowed to remain.
2. To keep, use and maintain portions of two sets of concrete steps, which are located: at a gap on the wall of item 1; and at the west end, both serving as access to/from the raised yard area.
Said retaining wall, fence and steps shall be kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. No alteration or replacement of any item may be made without the prior written approval of the Commissioners of the Departments of Public Works and Neighborhood Services.
; and, be it
Further Resolved, That said retaining wall 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. At such future time that the retaining wall is no longer needed, Monique Stewart, the grantee, will be physically and financially responsible for removing said retaining wall from the public right-of-way.
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Monique Stewart, 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 $5,000.00 such bond to be approved by the City Attorney. The 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 $50,000 covering bodily injury to any one person and $100,000 covering bodily injury to more than one person in any one accident and $20,000 covering property damage to any one 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 canceled 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 $35.00. 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 any 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 the Department of Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:cjt
January 24, 2005
041143