Number
050923
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Park East Enterprise Lofts, LLC to construct and maintain vent risers and two groundwater monitoring wells in the public right-of-way for the premises at 1407-41 North Martin Luther King Jr. Drive, in the 6th Aldermanic District in the City of Milwaukee.
Analysis
This grants a special privilege to Park East Enterprise Lofts, LLC to construct and maintain vent risers and two groundwater monitoring wells in the public right-of-way for the premises at 1407-41 North Dr. Martin Luther King Jr. Drive.
Body
Whereas, Park East Enterprise Lofts, LLC is in the process of constructing a new apartment complex on a site; and
Whereas, The Wisconsin Department of Natural Resources has deemed it necessary to monitor migration patterns of contaminants in the groundwater; and
Whereas, The Wisconsin Department of Natural Resources is requiring the installation of a vent system on site to allow movement of methane gas as a condition on permission granted to the applicant to build on existing fill at the site; and
Whereas, In order to comply with the Wisconsin Department of Natural Resources, the applicant is requesting permission to construct and maintain monitoring wells and vapor vents for the foundation; and
Whereas, Said items may only legally encroach into the public right-of-way by the granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Park East Enterprise Lofts, LLC, 1407 North Dr. Martin Luther King Jr. Drive, Milwaukee, Wisconsin 53212 is hereby granted the following special privileges:
1. To construct and maintain three, 2-inch diameter galvanized steel vent risers in the 15-foot wide, north sidewalk area of West Vliet Street. Said vent risers are to be 2 feet tall, topped with a 90° bend, will encroach approximately 6 inches into the public way (including the bend). Said vent risers will be centered approximately 100, 120 and 145 feet west of the westline of North Martin Luther King Jr. Drive.
2. To construct and maintain two, 8-inch diameter monitoring wells. The first of said monitoring wells is to be centered approximately 8 feet south of the northline of West Vliet Street and 15 feet west of the westline of North Martin Luther King Jr. Drive in the grass of the 15-foot wide sidewalk area of West Vliet Street. The second of the monitoring wells is to be centered approximately 8 feet east of the westline of North Martin Luther King Jr. Drive and 145 feet north of the northline of West Vliet Street in the grass of the 12-foot wide sidewalk area of North Dr. Martin Luther King Jr. Drive.
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 accepting this special privilege the grantee, Park East Enterprise Lofts, 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 $5,000.00 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 $35.00. 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.
7. Hold the City of Milwaukee harmless from all claims regarding the remediation process related to contamination from the property at 1407-41 North Dr. Martin Luther King Jr. Drive.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:cjt
November 17, 2005
050923