NUMB:
990648
VERS:
SUBSTITUTE 2
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution granting a special privilege to Allen Bradley, LLC, to construct two raised concrete planters partially located within the public rights-of-way abutting the premises now known as 1401 South 3rd Street and 333-39 West Greenfield Avenue, in the 12th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This special privilege grants the applicant permission to partially locate two raised concrete planters in the public rights-of-way, within the 20-foot wide sidewalk area on the west side of South 3rd Street and within the 18-foot wide sidewalk area on the east side of South 4th Street adjacent to the properties now known as 1401 South 3rd Street and 333-39 West Greenfield Avenue.
BODY:
Whereas, Allen Bradley, LLC, proposes to construct and maintain two 16-foot diameter raised planters, which are to be partially located in the public rights-of-way on the west side of South 3rd Street, adjacent to 1401 South 3rd Street, and on the east side of South 4th Street, adjacent to 333-39 West Greenfield Avenue; and
Whereas, The planters are to be constructed of concrete and are to be 6 inches in height; and
Whereas, The planters may only legally occupy the City of Milwaukee public rights-of-way by the granting of a special privilege; and
Whereas, Our initial review and resolution preparation was based upon preliminary plans that have now been superceded by Final (Construction) Plans that indicate some additional public right-of-way occupancy; and
Whereas, The additional items are underground conduit to be placed under the north-south alley containing lawn irrigation piping and electric cables for site lighting; and
Whereas, These items also need Common Council approval; and
Whereas, The revised resolution identified as Substitute 2, is intended to provide for that approval; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Allen Bradley, LLC, 1201 South 2nd Street, Milwaukee, WI 53204, is hereby granted the following special privileges:
1. To construct and maintain two 16 foot diameter raised concrete planters within the public rights-of-way located as follows: one planter located on the west side of South 3rd Street, centered approximately 10 feet south of the southline of West Greenfield Avenue with the 6-inch high concrete planter extending approximately 6.71 feet into the 20-foot wide sidewalk area, in a circular fashion, for a distance of approximately 15.79 feet thus providing approximately 13.29 feet of paved sidewalk for through pedestrians; and one planter located on the east side of South 4th Street, centered approximately 11 feet south of the southline of West Greenfield Avenue with the 6-inch high concrete planter extending approximately 5.93 feet into the 18-foot wide sidewalk area, in a circular fashion, for a distance of approximately 15.46 feet thus providing approximately 12.07 feet of paved sidewalk for through pedestrians.
2. Two 2-1/2 inch diameter conduits that extend under and across the north-south alley in the block bounded by West Greenfield Avenue, West Orchard Street, South 3rd Street and South 4th Street approximately 20 feet south of the southline of West Greenfield Avenue at a depth of approximately 3 feet to contain irrigation piping.
3. Two 2-1/2 inch diameter conduits that extend under and across the north-south alley in the block bounded by West Greenfield Avenue, West Orchard Street, South 3rd Street and South 4th Street approximately 30 feet south of the southline of West Greenfield Avenue at a depth of approximately 3 feet to contain electrical cables.
Said planters and conduits shall be constructed and maintained to the approval of the Departments of Public Works and Neighborhood Services/City Development. All necessary permits shall be obtained from the Departments of Public Works and Neighborhood Services/City Development prior to placement of these items in the City of Milwaukee public rights-of-way. The plant material shall be approved by and maintained to the satisfaction of the City Forester.
;and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Allen Bradley, 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 $3,000.00 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 $25,000 covering bodily injury to any one person and $50,000 covering bodily injury to more than one person in any one accident and $10,000 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 $43.98. 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 66.045 of the Wisconsin Statutes (1979), 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.
;and, be it
Further Resolved, That Allen Bradley LLC, its successors or assigns, in undertaking this project understands that by obtaining a City of Milwaukee DPW permit specifically for the scored concrete sidewalk located within the public rights-of-way, will:
1) not obligate the City physically or financially to replace said walk "in-kind", if at anytime in the future said walk needs removal and replacement due to condition or access to or for a City utility installation
2) not obligate a public utility contractor physically or financially to replace said walk "in-kind", if at any time in the future, said walk needs removal and replacement due to access to or for their utility installation
3) obligate them to be financially responsible for said walk replacement with any necessary permits
DFTR:
Infrastructure Services Division
JJM:cjt
September 15, 1999
990648-2