Number
030723
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Waterfront Condominium Association, Inc. to construct and maintain a step with handrail, six tree grates with tree guards, six trees, and four bollards in the public right-of-way adjacent to 130 South Water Street, in the 12th Aldermanic District in the City of Milwaukee.
Analysis
This resolution formally grants a special privilege to construct, keep and maintain a concrete step and handrail, six tree grates with tree guards, six trees, and four bollards in the public right-of-way of South Water Street.
Body
Whereas, Apparently due to the placement of the building and the vertical relationship between the floor elevation and the sidewalk grade it was determined during construction that the bottom step of a set of steps needed to be located within the public right-of-way and the only legal way for this to remain was for a special privilege to be granted and therefore a Petition was submitted requesting same; and
Whereas, A site visit revealed the presence of six non-City standard, tree grates with tree guards made of galvanized steel, six trees and four bollards surrounding a fire hydrant; and
Whereas, Said tree grates and tree guards were neither planned nor approved by the City and are specially designed for the condominium development, being galvanized steel and bearing the words "Water Front", the name of said abutting condominium development; and
Whereas, The office of the City Forester presented concerns that the trees planted by the applicant are not in an area conducive to the trees' survival and longevity and that maintenance and replacement costs would be a burden to Forestry; and
Whereas, In response to concerns from the Office of the City Forester, this special privilege requires that the applicant be completely responsible for the care, maintenance and replacement of said trees, in addition to the tree grates and guards; and
Whereas, All of 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, Waterfront Condominium Association, Inc., 130 South Water Street, Milwaukee, Wisconsin 53204 is hereby granted the following special privileges:
1. To keep, use and maintain a 6-inch high concrete step with metal handrail in the public right-of-way of South Water Street centered approximately 55 feet east of the westline of South Barclay Street, extended. Said 8-foot 6-inch long step with handrail projects approximately 1 foot 1 inch into the north fully concrete paved 10-foot wide sidewalk area of South Water Street.
2. To keep and maintain six tree grates with tree guards manufactured of galvanized steel located in the northerly 10-foot wide sidewalk area of South Water Street. Five tree grates with tree guards are centered approximately 7 feet south of the northline of South Water Street and 60 feet east of the eastline of South 1st Street and 7, 25, 65 and 125 feet east of the westline of South Barclay Street. The last of said tree grates with tree guards is centered approximately 1 foot south of the northline of South Water Street and 104 feet east of the eastline of South Water Street. Said tree grates are 5 feet in diameter, are cast with the words "Water Front" in the grating and are flush with the surrounding sidewalk. Said tree guards are 4 feet tall and 2 feet in diameter with a reverse curve flare of the bottom thereby creating a 32 inch obstruction.
3. To keep and maintain six trees centered within the tree grates with tree guards of item 2 above centered approximately 7 feet south of the northline of South Water Street and 60 and 104 feet east of the eastline of South 1st Street, and 7, 25, 65, 125 feet east of the westline of South Barclay Street.
4. To keep and maintain four bollards in the north sidewalk area of South Water Street centered around a fire hydrant located approximately 8 feet south of the northline of South Water Street and 107 feet east of the westline of South Barclay Street. Said bollards are 3 feet tall and 4 inches in diameter.
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 placement of the items contained in 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.
Said tree trates, tree guards, and trees shall be maintained to the satisfaction of the City Forester. Approval for the plant materials shall be obtained from the City Forester. All plant materials shall be placed, maintained, replaced and removed at no expense to the City of Milwaukee.
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Waterfront Condominium Association, Inc. 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 $129.92. 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
June 15, 2005
030723