Number
031309
Version
SUBSTITUTE
Reference
980981
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to JLT Rentals, LLC for encroachment into the public right-of-way of three backup driveways and for permission for four additional backup driveways and four trash dumpsters for the property at 3403 West Kiehnau Avenue, in the 9th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants an amended special privilege to JLT Rentals, LLC to keep, use and maintain three backup driveways, for which permission was already granted, and an additional four backup driveways and four trash dumpsters in the public right-of-way for the building at 3403 West Kiehnau Avenue.
Body
Whereas, Kiehnau Investments requested a special privilege in order to keep and maintain three backup driveways in the public right-of-way of West Kiehnau Avenue; and
Whereas, Permission was granted in 1999 by adoption of Common Council Resolution File Number 980981; and
Whereas, JLT Rentals, LLC has purchased the property; and
Whereas, A site visit revealed four additional backup driveways and four trash dumpsters for which permission has not yet been granted; and
Whereas, Said site visit also revealed the presence of several illegally parked vehicles between the southline of West Kiehnau Avenue and the south curb face of West Kiehnau Avenue; and
Whereas, At a meeting between Alderman Hamilton, the property manager, and Department of Public Works representatives, the property manager agreed to restrict parking of the tenants to private property adjacent to the building, so that the tenants are parking legally; and
Whereas, For the liability to be formally transferred to the current owners, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, That Common Council Resolution File Number 980981 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that JLT Rentals, LLC, 1055 Spring St., P.O. Box 195, Grafton, Wisconsin 53024, is hereby granted the following special privileges:
1. To keep, use and maintain seven backup driveways centered approximately 34, 64, 124, 219, 239, 269, and 279 feet west of the westline of North Teutonia Avenue with service doors that are 10, 8, 10, 10, 9, 9 and 9 feet wide, respectively. Vehicles using the backup driveways shall park in such a way so they do not project past the centerline of the roadway.
2. To keep, use and maintain a maximum of four trash dumpsters, which are now centered approximately 44, 135, 139 and 144 feet west of the westline of North Teutonia Avenue within the south 13-foot wide sidewalk area of West Kiehnau Avenue. All trash dumpsters are 3 feet 4 inches wide and 6 feet 2 inches long. Two of said dumpsters, which are not on casters, stand 3 feet 4 inches tall, while the others on casters, stand 4 feet tall. There is no paved sidewalk on either side of West Kiehnau Avenue. Said dumpsters shall be located such that they do not project beyond the street curb.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
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, JLT Rentals, LLC, 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 $10,000.00 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 $100,000.00 covering bodily injury to any one person and $200,000.00 covering bodily injury to more than one person in any one accident and $40,000.00 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 $394.37. 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
May 9, 2005
031309