NUMB:
961802
VERS:
SUBSTITUTE 3
REF:
XXBY:
ALD. PAWLINSKI
TITL:
Substitute resolution appropriating funds from the Department of Public Works Sewer Parent Account and the Public Nuisance and Human Health Hazard Abatement Fund Special Purpose Account to the City Engineer to construct drainage facilities in the vicinity of South 20th Street and West Grange Avenue.
ANLS:
- Analysis -
This resolution appropriates $50,000 from the Department of Public Works Sewer Parent Account and $25,000 from the Public Nuisance and Human Health Hazard Abatement Fund Special Purpose Account to be used to construct drainage facilities to alleviate drainage problems for lots located at South 20th Street and West Grange Avenue in the 13th Aldermanic District. Construction is contingent on 3 conditions that must be met to the satisfaction of the City Attorney and the City Engineer. The conditions require private property owners to let City workers on their property to do the work, require the City to quit-claim the new facilities to the property owners who must agree to accept them, and require the property owners to maintain the facilities and not obstruct the drainage.
BODY:
Whereas, Serious drainage problems have occurred in the vicinity of South 20th Street and West Grange Avenue following development of several parcels of land into residential properties; and
Whereas, The city believes these problems were caused by the development of a piece of property which was subdivided, first into 4 parcels and subsequently into 5 parcels, which circumvented s. 236.02(12)(a)(b), Wis. Stats., which requires all developments of more than 4 lots to conform to subdivision regulations; and
Whereas, The current Milwaukee subdivision regulations, ch. 119, Milw. Code, will not permit such circumvention of the regulations in the future; and
Whereas, Some of the area has been improperly graded and the subdivided parcels have not been connected to the storm sewer systems, resulting in inadequate drainage and standing water on the subdivided lots; and
Whereas, The City sought an injunction to require the developer to maintain natural drainage by constructing a catch basin and connecting to the storm sewer system to alleviate the drainage problems; and
Whereas, The City of Milwaukee Health Department testified at the trial against the City and on behalf of the developer; and
Whereas, The Circuit Court found against the City and in favor of the developer and the findings of fact and conclusions of law in the matter, Case No. 96-CV-004251, are attached to this file; and
Whereas, The Department of Public Works has prepared a detailed plan for construction of a storm sewer, storm outlets and related structures to alleviate the drainage problem, which is described in a letter from City Engineer Mariano A. Schifalacqua to City Attorney Grant F. Langley, dated August 16, 1996, was submitted to the court and is attached to this file; and
Whereas, Since the City cannot compel the developer to take action to alleviate the drainage problems in the area, the City must solve the problem by executing the plan proposed by the Department of Public Works; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that $50,000 is appropriated from the Department of Public Works Sewer Parent Account, Account No. 31-171-0001, and $25,000 is appropriated from the Public Nuisance and Human Health Hazard Abatement Fund Special Purpose Account, Account No. 01-059-8001, to a subaccount to be established by the Comptroller; and, be it
Further Resolved, That the City Comptroller, in conjunction with the Commissioner of the Department of Public Works, is authorized and directed to establish any and all subaccounts in accord with generally accepted accounting practices and City of Milwaukee guidelines necessary to maintain the fiscal control to carry out the purpose of this resolution, the construction of the drainage facilities specified herein; and
Further Resolved, That if the requisite conditions specified in this resolution are met, the City Engineer is directed to expend the $75,000 to construct drainage facilities in the vicinity of South 20th Street and West Grange Avenue in accordance with the plan proposed in a letter from City Engineer Mariano A. Schifalacqua to City Attorney Grant F. Langley, dated August 16, 1996; and, be it
Further Resolved, That all the following requisite conditions must be met for the City Engineer to construct the drainage facilities specified herein:
1. All affected private property owners shall grant in writing a right of entry to their property to the City of Milwaukee, any contractor working for or on behalf of the City of Milwaukee, and any of their employes, agents or other persons working on their behalf when such entry is necessary or useful for the construction of the drainage facilities, such rights of entry to be granted without cost to the City, to any contractor and to any contractor's employes, agents and other persons working on their behalf.
2. When the drainage facilities are completed, the City of Milwaukee shall quit-claim, and each property owner shall agree in writing to accept, all constructed facilities to the property owner on whose property the facilities are located.
3. All property owners on whose property the drainage facilities are constructed shall agree in writing to maintain the drainage facilities and to take no action that impedes, obstructs or inhibits the effectiveness of the drainage facilities.
4. Preliminary engineering or the letting of a contract for the construction of the drainage facilities shall not be undertaken until the requisite conditions specified in items 1, 2 and 3 have been met to the satisfaction of the City Attorney and the City Engineer.
ZDPT:
DFTR:
LRB97065.8
CAW
5/6/97