City of Milwaukee - File #: 981682

• File #: 981682
• Version: 0
• Type: Resolution
• Status: Passed
• File created: 3/2/1999
• In control: PUBLIC WORKS COMMITTEE
• Final action: 3/23/1999
• Title: Resolution authorizing the proper City Officials to execute an Out-of-Program Agreement between Towne Realty Inc., the Council for the Spanish Speaking, Inc., and the City of Milwaukee for construction of a public street to support a proposed apartment development to be located at 5801 West Lakefield Drive. (DPW)
• Sponsors: THE CHAIR
• Indexes: AGREEMENTS, STREET IMPROVEMENTS

Date	Ver.	Action By	Action	Result	Tally
4/1/1999	0	MAYOR	SIGNED
3/23/1999	0	COMMON COUNCIL	ADOPTED; Minutes note: Ald. Scherbert addressed the Council and stated she still has unanswered questions outstanding if this is a private or public road and noted City Attorney's reply which came in March 22, 1999 to Public Improvements members. Ald. Pawlinski moved to send the file back to the Public Improvements Committee. The Chair moved motion dilitory due to dealine date of the grant, and get a verification, and out of order. Ald. Murphy explained the deadline was in early April, 1999. Ald. Murphy moved that the Common Council do now resolve itself into a committee of the Whole for the purpose of hearing from Mr. Fred Leeber, Board of Directors of the Spanish Speaking Association. PROCEEDINGS OF THE COMMITTEE OF THE WHOLE Mr. Fred Leeber appeared and addressed the committee rel. to the foregoing matter to explain the dates and believed the date to be early April, 1999. PROCEEDINGS OF THE COMMITTEE OF THE WHOLE Assistant City Attorney Harry Stein addressed the Council relative to the foregoing matter and issue if this was a public or private road and qualified this to be a public street (as of 1950 a public street), but unimproved. Ald. Nardelli moved that the Committee rise. So ordered. The Chair moved the motion to return to committee was out of order and remined Common Council that FN981682 was still before the Council. Ald. Pawlinski went on record that he was not opposed and qualified his reasons for sending it back to committee and was not concerned of moving forward on this file, at this time, as his concerns were now answered.	Pass	16:1
3/10/1999	0	PUBLIC WORKS COMMITTEE	HELD TO CALL OF THE CHAIR	Fail	2:2
3/10/1999	0	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR ADOPTION; Minutes note: Approve with condition that doc. of condition of clients be submitted by Attorney Whitcomb and that DPW - Infrastructure provide layout maps and City Attorney provide legal opinion of legality of document agreement in file and document addressing the issues raised by Attorney Whitcomb. All must be done before March 23rd, 1999.	Pass	3:0
3/4/1999	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
3/2/1999	0	COMMON COUNCIL	ASSIGNED TO

NUMB:
981682
VERS:
ORIGINAL
REF:

XXBY:
THE CHAIR
TITL:
Resolution authorizing the proper City Officials to execute an Out-of-Program Agreement between Towne Realty Inc., the Council for the Spanish Speaking, Inc., and the City of Milwaukee for construction of a public street to support a proposed apartment development to be located at 5801 West Lakefield Drive. (DPW)
ANLS:
- ANALYSIS - This resolution approves an Out-of-Program Agreement regarding the installation and maintenance of a new street to be known as West Lakefield Drive from South 60th Street to a point approximately 307 feet east. Under the terms of the agreement, the developer of a proposed apartment building and/or the owner of the project's site would pay for the new street and would assume responsibility for its long term maintenance.
BODY:
Whereas, The Council for the Spanish Speaking, Inc. proposes to develop a 12-unit apartment building at 5801 West Lakefield Drive; and

Whereas, The project site is owned by Towne Reality Inc. and is currently not served by a public street; and

Whereas, Both the developer and the property owner have requested that a public street to serve the site be constructed; and

Whereas, The developer and property owner have agreed to pay all costs associated with street construction; and

Whereas, The developer and property owner have also agreed to assume responsibility for performing routine street maintenance activities such as snow plowing; and

Whereas, The developer and property owner now wish to enter into an Out-of-Program Agreement with the City of Milwaukee, said agreement addressing construction, funding and maintenance issues associated with the proposed new road; and

Whereas, The Out-of-Program Agreement is attached to this file; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee that the Out-of-Program Agreement attached to this file is hereby approved and the proper City Officials are he...