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File #: 111500    Version:
Type: Resolution Status: Passed
File created: 2/28/2012 In control: COMMON COUNCIL
On agenda: Final action: 9/24/2013
Effective date:    
Title: Substitute resolution granting a special privilege to Cornerstone East LLC to construct and maintain a retaining wall in the public right-of-way for the premises at 4080 North Port Washington Avenue, in the 6th Aldermanic District.
Sponsors: THE CHAIR
Indexes: SPECIAL PRIVILEGE PERMITS
Attachments: 1. Cover Letter, 2. Petition and Pictures, 3. Map, 4. Additional Map, 5. Photos
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
9/27/20131 MAYOR SIGNED   Action details Meeting details Not available
9/24/20131 COMMON COUNCIL ADOPTEDPass15:0 Action details Meeting details Not available
9/11/20131 PUBLIC WORKS COMMITTEE RECOMMENDED FOR ADOPTION

Minutes note: Individual appearing: Dawn Schmidt, Department of Public Works		Pass3:0 Action details Meeting details Not available
9/6/20131 PUBLIC WORKS COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
3/1/20120 PUBLIC WORKS COMMITTEE REFERRED TO

Minutes note: To Whom It May Concern: The attached file is being referred to you for: Report and reply, preparation of ordinance and fiscal note Further information relating to this file may be found via the Legistar system at http://milwaukee.legistar.com/Legislation.aspx. If you have any questions please feel free to contact Tobie Black at 286-2231.		   Action details Meeting details Not available
2/28/20120 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
111500
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to Cornerstone East LLC to construct and maintain a retaining wall in the public right-of-way for the premises at 4080 North Port Washington Avenue, in the 6th Aldermanic District.
Analysis
This resolution grants a special privilege to Cornerstone East LLC to construct and maintain a lannon stone retaining wall in the public right-of-way for the premises at 4080 North Port Washington Avenue.
Body
Whereas, The applicant is requesting permission to construct and maintain a lannon stone retaining wall in the public right-of-way; and
 
Whereas, Said retaining wall 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, By the Common Council of the City of Milwaukee that Cornerstone East LLC, 4080 North Port Washington Avenue, Milwaukee, Wisconsin 53212, is hereby granted the following special privilege:
 
To construct and maintain a lannon stone retaining wall projecting 4 inches into the east, 10-foot wide sidewalk area of North Port Washington Avenue. Said retaining wall commences approximately 85 feet south of the southline of West Fiebrantz Avenue and extends 38 feet 7 inches to the south. The wall has an average height of 2 feet 2 inches and total thickness of 1 foot.
 
Said above-mentioned retaining wall shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
 
Said retaining wall 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, Cornerstone East LLC, shall:
  1. Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
  3. File with the Commissioner of Public Works a certificate of insurance indicating applicant holds a public liability policy in the sum of at least $25,000 covering bodily injury to any one person and $50,000 covering bodily injury to more than one person in any one accident and $10,000 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. The insurance policy shall provide that it shall not be cancelled until after at least thirty days' notice in writing to the Commissioner of Public Works.
  5. 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.
  7. 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.
  9. 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.
  11. 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.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:clm
July 12, 2013