Number
040447
Version
SUBSTITUTE 1
Reference
870350
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to Garden-Fresh Foods, Inc. for encroachment into the public right-of-way for the use of backup driveways for the building at 726 South 12th Street, in the 12th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants an amended special privilege to Garden-Fresh Foods, Inc. to keep and maintain one existing backup driveway in the public right-of-way of West Pierce Street, a new backup driveway in the public right-of-way of South 12th Street and a new driveway in the public right-of-way of West National Avenue.
Body
Whereas, Garden-Fresh Foods, Inc. requested a special privilege in order to maintain and keep a backup driveway in the public right-of-way of West Pierce Street; and
Whereas, Permission was granted in 1987 by adoption of Common Council Resolution File Number 870350; and
Whereas, Garden-Fresh Foods, Inc. has since remodeled its facility and constructed three new loading dock doors facing West National Avenue and two new loading dock doors facing South 12th Street, accessed by one backup driveway on each street, respectively; and
Whereas, A site visit had revealed that some semi trucks backed into the docks facing West National Avenue extended past the parking lane of West National Avenue into the northern driving lane, creating a hazard for both pedestrians and motor vehicles; and
Whereas, When requested that all semi trucks using the backup driveway on West National Avenue be disconnected from their trailers so as not to extend into the north parking lane of West National Avenue, Garden-Fresh Foods, Inc. has cooperated; and
Whereas, During random site visits since the initial visit mentioned above, vehicles have not been seen extending beyond the north curb face of West National Avenue into the north-parking lane; and
Whereas, This special privilege will prohibit vehicles parked at the loading dock on West National Avenue from extending beyond the north curb face of West National Avenue; and
Whereas, Due to the low traffic volumes on South 12th Street and West Pierce Street, vehicles parked at the loading docks on either street will be allowed to extend to, but not beyond the centerline of either street; and
Whereas, These items may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
Resolved, That Common Council Resolution File Number 870350 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Garden-Fresh Foods, Inc., 726 South 12th Street, Milwaukee, WI 53204, is hereby granted the following special privileges:
1. To keep, use and maintain an approximate 22-foot wide backup driveway located on the south side of West Pierce Street adjacent to the premises known as 726 South 12th Street to serve an existing 10-foot wide overhead door. Said driveway is centered approximately 107 feet east of the eastline of South 12th Street. Vehicles shall occupy the sidewalk area and a portion of the roadway and shall be parked in such a manner so as not to project beyond the centerline.
2. To keep, use and maintain an approximate 35-foot wide backup driveway located on the east side of South 12th Street adjacent to the premises known as 726 South 12th Street to serve two existing 8-foot wide loading docks. Said driveway is centered approximately 175 feet north of the northline of West National Avenue. Vehicles shall occupy the sidewalk area and a portion of the roadway and shall be parked in such a manner so as not to project beyond the centerline.
3. To keep, use and maintain an approximate 50-foot wide backup driveway located on the north side of West National Avenue adjacent to the premises known as 726 South 12th Street to serve three existing 7-foot wide loading docks. Said driveway is centered approximately 150 feet east of the eastline of South 12th Street. Vehicles shall occupy the sidewalk area only and shall be parked in such a manner so as not to project beyond the north curb face of West National Avenue.
Said above-mentioned backup driveways shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said backup driveways 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, Garden-Fresh Foods, 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 $200,000 covering bodily injury to any one person and $400,000 covering bodily injury to more than one person in any one accident and $80,000 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 $284.36. 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
JJM:cjt
January 25, 2005
040447