Number
011415
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to 7-Eleven Corporation to keep and maintain two groundwater monitoring wells, one well located in the north-south alley and one well located in the east-west alley in the block bounded by East Bennett Avenue, South Ellen Street, South Kinnickinnic Avenue and East Oklahoma Avenue, adjacent to 3087 South Kinnickinnic Avenue, in the 14th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to 7-Eleven Corporation to keep and maintain two groundwater flush-mounted monitoring wells in the public right-of-way, one well located in the north-south alley and one well located in the east-west alley in the block bounded by East Bennett Avenue, South Ellen Street, South Kinnickinnic Avenue and East Oklahoma Avenue.
Body
Whereas, The Wisconsin Department of Natural Resources has deemed it necessary to conduct an environmental assessment for a site located at 3087 South Kinnickinnic Avenue to determine petroleum product migrational patterns; and
Whereas, It has been determined that, in addition to the proposed monitoring wells needed to be placed on private property, two locations need to be monitored within the public right-of-way for an extended period of time; and
Whereas, These two monitoring wells may only legally remain in the public right-of-way by the granting of a special privilege by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that 7-Eleven Corporation, 4500 Park Glen Road, Suite 210, St. Louis Park, MN 55416, is hereby granted the following special privilege:
To keep and maintain two flush-mounted monitoring wells in the vicinity of 3087 South Kinnickinnic Avenue as follows: one well is located in the north-south alley and one well located in the east-west alley in the block bounded by East Bennett Avenue, South Ellen Street, South Kinnickinnic Avenue and East Oklahoma Avenue. One well is centered approximately 17 feet south of the southline of East Bennett Avenue and 10 feet east of the westline of the north-south alley, and one well is located in the east-west alley, centered approximately 8 feet west of the westline of the north-south alley and 10 feet north of the southline of the east-west alley.
These monitoring wells shall be maintained and used/removed to the satisfaction of the Departments of Public Works and Neighborhood Services in accordance with the City of Milwaukee Building Codes and Zoning Ordinances. All necessary permits shall be obtained from the Departments of Public Works and City Development of 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, 7-Eleven Corporation, 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 $1,000.00 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 ion 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 66.045 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.
7. Hold the City of Milwaukee harmless from all claims regarding the remediation process, which includes the public rights-of-way of the north-south alley and one well located in the east-west alley in the block bounded by East Bennett Avenue, South Ellen Street, South Kinnickinnic Avenue and East Oklahoma Avenue.
...Requestor
Public Works Department
Drafter
Infrastructure Services Division
RB:dle
March 6, 2002
011415-CAK