Number
031694
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Metropolitan-Lovell Street, LLC to keep and maintain eight existing monitoring wells in the public rights-of-way of North James Lovell Street and the adjacent east-west alleys abutting 728 North James Lovell Street, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution formally grants a special privilege to keep, use, and maintain eight monitoring wells in the public rights-of-way of North James Lovell Street and the two east-west alleys in the block bounded by North James Lovell Street, West Wells Street, West Wisconsin Avenue and North 6th Street.
Body
Whereas, The Wisconsin Department of Natural Resources has deemed it necessary to conduct an environmental assessment for a site located at 728 North James Lovell Street to determine previously used chlorinated solvent migration patterns; and
Whereas, Daniel Ganzel, on behalf of Metropolitan-Lovell Street, LLC, has petitioned to keep, use and maintain eight monitoring wells in the public rights-of-way abutting the property of 728 North James Lovell Street; and
Whereas, Said monitoring wells 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 Metropolitan-Lovell Street, LLC, N16 W23233 Stone Ridge Drive, Waukesha, Wisconsin 53188 is hereby granted the following special privileges:
1. To keep, use and maintain two, 8.5-inch diameter monitoring wells centered approximately 145 and 150 feet east of the eastline of North James Lovell Street and 5 feet north of the southline of the 15-foot wide, east-west alley in the block bounded by North James Lovell Street, West Wells Street, West Wisconsin Avenue and North 6th Street that is north of 728 North James Lovell Street. Both monitoring well covers are flush with the surrounding pavement.
2. To keep, use and maintain two, 8.5-inch diameter monitoring wells centered approximately 175 and 178 feet south of the southline of West Wells Street and 5 feet west of the eastline of North James Lovell Street, in the 10-foot wide, east sidewalk area of North James Lovell Street. Both monitoring well covers are flush with the surrounding sidewalk.
3. To keep, use and maintain four, 8.5-inch diameter monitoring wells centered approximately 15, 20, 61 and 114 feet east of the eastline of North James Lovell Street and 8, 8, 5 and 2 feet north of the southline of the 15-foot wide, east-west alley in the block bounded by North James Lovell Street, West Wells Street, West Wisconsin Avenue and North 6th Street that is south of 728 North James Lovell Street. All monitoring well covers are flush with the surrounding pavement.
Said above-mentioned monitoring wells 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 monitoring wells 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, Metropolitan-Lovell Street, LLC, 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 surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $2,000 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 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 cancelled 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 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.
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 Neighborhood Services shall have the authority to seek, by resolution, revocation of said privilege.
7. Hold the City of Milwaukee harmless from all claims regarding the remediation process, which includes the public rights-of-way of North James Lovell Street and of the east-west alleys bounded by North James Lovell Street, West Wells Street, West Wisconsin Avenue and North 6th Street.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:dr
April 6, 2005
031694