Number
050665
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Stainless Foundry and Engineering, Incorporated to construct and maintain a backup driveway in the public right-of-way of North 32nd Street for the premises at 5135-47 North 32nd Street, in the 1st Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to construct and maintain a backup driveway in North 32nd Street for the building at 5135-47 North 32nd Street and to keep and maintain three excess door swing encroachments.
Body
Whereas, The applicant is petitioning to construct, use and maintain a backup driveway to its building; and
Whereas, A site visit revealed the presence of three excess door swing encroachments; and
Whereas, The site visit also revealed the presence of illegally parked cars in the west 25-foot wide, fully paved sidewalk area of North 32nd Street; and
Whereas, The applicant, when notified that said cars were illegally parked, sent a letter giving assurances that measures would be taken to eliminate parking within the public sidewalk area; and
Whereas, Parking enforcement has been notified of the possible presence of illegally parked vehicles within the west sidewalk area of North 32nd Street in front of the subject premises; and
Whereas, Said backup driveway and door swings 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 Stainless Foundry and Engineering, Incorporated, 5150 North 35th Street, Milwaukee, Wisconsin 53209 is hereby granted the following special privilege:
1. To keep, use and maintain an approximate 22-foot wide backup driveway located on the west
side of North 32nd Street adjacent to the premises known as 5135-47 North 32nd Street to serve one new 8-foot wide loading dock. Said driveway is centered approximately 320 feet north of the northline of West Lancaster 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 8 feet beyond the west curb face. Grantee is to provide sufficient traffic control to allow for continued two-way traffic while backup driveway is being used.
2. To keep and maintain three excess door swing encroachments that project 3 feet into the public right-of-way, which is in excess of the 12 inches allowed under Section 245-4-8 of the Milwaukee Code of Ordinances. Said doors are centered approximately 260, 280 and 330 feet north of the northline of West Lancaster Avenue in the 25-foot wide, west sidewalk area of North 32nd 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, Stainless Foundry and Engineering, Incorporated, 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 $10,000.00 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 $100,000 covering bodily injury to any one person and $200,000 covering bodily injury to more than one person in any one accident and $40,000 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.
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 special privilege.
7. Ensure that vehicles do not park within the west 25-foot wide, fully paved sidewalk area of
North 32nd Street in front of its building at 5135-47 North 32nd Street.
8. Implement sufficient traffic control while vehicles are using the backup driveway to allow continued, safe traffic flow on North 32nd 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
December 8, 2005
050665