Number
050455
Version
SUBSTITUTE 1
Reference
870526
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Erie Street Investors, LLC for backup driveways, concrete risers and bollards for the premises at 518-20 East Erie Street, in the 4th Aldermanic District.
Analysis
This resolution grants an amended special privilege to Erie Street Investors, LLC for change of ownership for backup driveways, concrete risers and bollards for the premises at 518-20 East Erie Street.
Body
Whereas, Ott Advertising, Incorporated requested permission for backup driveways, concrete risers and bollards to encroach into the public right-of-way; and
Whereas, Permission was granted in 1987 under Common Council Resolution File Number 870526; and
Whereas, Erie Street Investors, LLC now owns the property; and
Whereas, For the liability to be formally transferred to the new owner for the existing items, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 870526 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Erie Street Investors, LLC, 2880 North 112th Street, Milwaukee, Wisconsin 53222 is hereby granted the following special privileges:
1. To keep and maintain two backup driveways in the 20-foot wide south sidewalk area of the 80-foot wide right-of-way of East Polk Street. The two loading dock doors, which are 2 feet 10 inches wide and 7 feet 11 inches wide, are served by driveways centered approximately 43 and 140 feet north of the northline of East Erie Street, respectively. The vehicles may occupy the sidewalk area and a portion of the roadway, but not beyond the roadway centerline.
2. To keep and maintain a backup driveway in the 26-foot wide “sidewalk area” in the 80-foot wide public right-of-way of North Jackson Street. Said “sidewalk area” of North Jackson Street contains an unused and abandoned railroad spur. Said driveway serves an 8-foot wide loading dock door centered approximately 21 feet south of the southline of East Polk Street. The vehicles may occupy the sidewalk area and a portion of the roadway, but not beyond the roadway centerline.
3. To keep and maintain a set of steps consisting of two risers centered approximately 42 feet north of the northline of East Erie Street. Said steps measure 4 feet long and projects 2 feet into the 20-foot wide south sidewalk area of East Polk Street.
4. To keep and maintain three concrete filled bollards in the south 20-foot wide sidewalk area of East Polk Street. Said bollards are centered approximately 42 feet north of the northline of East Erie Street and 40 and 48 feet west of the westline of North Jackson Street. All of said bollards are centered approximately 1 foot north of the southline of East Polk Street.
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 granting of 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.
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Erie Street Investors, LLC, shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
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 such bond to be approved by the City Attorney. This 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 $50,000 covering bodily injury to any one person and $100,000 covering bodily injury to more than one person in any one accident and $20,000 covering property damage to any own 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 cancelled until after at least thirty days’ notice in writing to the City Clerk.
Pay to the City Treasurer an annual fee, which has an initial amount of $1,570.97. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
Whenever this special privilege is discontinued for any reason whatsoever, including public necessity whenever so ordered by resolution adopted by the Common Council no 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 and 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.
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.
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.
Implement sufficient traffic control while vehicles are using the backup driveway to allow continued, safe traffic flow on North Jackson Street and East Polk Street. Traffic control measures may include, but are not limited to flagmen and traffic cones.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:cjt
October 18, 2006
050455