NUMB:
980160
VERS:
SUBSTITUTE
REF:
61-219
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Summit Kane Company to erect and maintain a covered walk in the public right-of-way adjacent to their property located at 1830 East Kane Place, to now change the name of the grantee of the special privilege to Hathaway Condominium Association, Inc., and to include several other items in the right-of-way at the same building in the 3rd Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution amends a special privilege granted to Summit Kane Company to erect and maintain a covered walk in the public right-of-way on the north side of East Kane Place, adjacent to the premises known as 1830 East Kane Place, to now change the name of the grantee of the special privilege to Hathaway Condominium Association, Inc. and also includes permission for several other existing items such as concrete pedestals, flower pots, a door swing and a pipe railing to remain within the right-of-way of East Kane Place.
BODY:
Whereas, Summit Kane Company was granted a special privilege under Common Council Resolution File Number 61-219, on April 28, 1961, to erect and maintain a covered walk encroaching into the public right-of-way on the north side of East Kane Place adjacent to the premises at 1830 East Kane Place; and
Whereas, The current owner of the property is Hathaway Condominium Association, Inc. and should now be named as the grantee of the special privilege; and
Whereas, A field investigation revealed several other items within the right-of-way of East Kane Place for this building consisting of raised pedestals and platforms, flower pots, a pipe railing and the entrance door; and
Whereas, The covered walk and these other items may only occupy the public right-of-way through the adoption of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 61-219 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Hathaway Condominium Association, Inc., 12700 West Bluemound Road, Elm Grove, WI, 53122, is hereby granted the following special privilege:
1. To keep and maintain a covered walk at the property known as 1830 East Kane Place. Said covered walk, 10-feet in width, is centered approximately 30 feet northwest of the westline of North Summit Avenue and encroaches approximately 15 feet into the 16-foot wide fully concrete paved sidewalk area on the north side of East Kane Place at the 1830 East Kane Place address. The covered walk is supported by the building and by two vertical supports near each corner closest to the curb along each side of the covered walk. Each vertical support nearest the curb is centered approximately 2.6 feet from the curbline. There is an approximately 10-foot wide opening between the vertical supports, which parallel the curb face. The minimum vertical clearance between the skirt of the covered walk and the sidewalk below is 6-feet 9-inches.
The covered walk frame shall be designed and supported to withstand snow and other loads of not less than 25 pounds per square foot and wind pressure of 20 pounds per square foot applied in any direction. No guy wires, brackets or diagonal braces shall be permitted lower than 8 feet above the sidewalk level. The covering shall be of approved material.
All fixtures and materials for illumination of covered walk shall be indicated upon construction plans and approved prior to installation. No sign or advertising device shall be hung from, attached to, printed or painted on any part of the covered walk. The name, street number, or character of the business may be indicated only on the vertical portion of the covering and shall not exceed 6 inches in height.
The grantee will be required to keep a "Loading Zone" or have a "No Parking" status adjacent to the covered walk as long as the covered walk occupies the public right-of-way.
2. To keep, use and maintain a 3-foot wide excess-swing entrance door that when fully opened encroaches in excess of the 12 inches allowable by Section 245-4-8 of the Code of Ordinances. The covered walk is centered on the door.
3. To keep and maintain a 2-foot square raised concrete pedestal with a flower pot on top and a raised concrete platform beneath on each side of the entrance door. The maximum encroachment of the pedestals is 2.5 feet. The platforms extend to the public sidewalk, which is 4 feet into the right-of-way. The east platform varies from 5 to 7 inches above the sidewalk and the west platform varies from 1 1/2 to 2 1/2 inches above the sidewalk. They are approximately 55 feet wide.
4. To keep and maintain a 16-inch high raised pipe railing extending diagonally from the intersection of the sidewalk and the westerly property toward the building corner.
Said covered walk, pedestals, platforms, flower pots and pipe railing shall be maintained and used to the approval of the Commissioner of Public Works and the Commissioner of Building Inspection.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Hathaway Condominium Association, Inc., 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 a surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $3,000.00 such bond to be approved by the City Attorney. The 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 $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. Both bond and insurance policy shall provide that they shall not be canceled 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 $249.04. 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 any 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 66.045 of the Wisconsin Statutes (1979), 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 Building Inspection shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR: Infrastructure Services Division
JJM:cjt
September 3, 1998
980160