Number
070680
Version
SUBSTITUTE 1
Reference
871805
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to Noble I Milwaukee, LLC for change of ownership and for addition of private trash cans, moveable planters, and benches encroaching in the public right-of-way for the premises at 333 West Kilbourn Avenue, in the 4th Aldermanic District.
Analysis
This resolution amends a special privilege to Noble I Milwaukee, LLC for change of ownership and for addition of private trash cans, moveable planters, and benches encroaching in the public right-of-way for the premises at 333 West Kilbourn Avenue.
Body
Whereas, Milwaukee MECCA Hotel Associates, d/b/a Hyatt Regency Milwaukee requested permission to keep and maintain two covered walks and to install and maintain two exterior floodlights with associated electrical conduits in the public right-of-way; and
Whereas, Permission for said items to encroach into the public right-of-way was granted under Common Council Resolution File Number 871805; and
Whereas, Noble I Milwaukee, LLC now owns the subject property; and
Whereas, A site visit revealed the presence of moveable planters, benches, and private trashcans in the public right-of-way; and
Whereas, For the liability to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; and
Whereas, Said moveable planters and private trash cans 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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 871805 is hereby rescinded; and, be it
Further Resolved, That Noble I Milwaukee, LLC, 3424 Peachtree Road, NE, Suite 1100, Atlanta, Georgia 30326 is hereby granted the following special privileges:
1. To place and maintain seven rectangular and two circular concrete moveable planters. Said planters are located in the south sidewalk area of West Kilbourn Avenue between North Old World Third Street and North 4th Street adjacent to the curb.
2. To place and maintain three rectangular and two circular concrete moveable planters. Said planters are located in the west, 25-foot wide sidewalk area of North Old World Third Street. The circular planters are located adjacent to the curb, one at each vertical support of the covered walk of Item #8. The three rectangular planters are centered approximately 3 feet east of the westline of Old World Third Street.
3. To place and maintain five concrete benches in the west, 25-foot wide sidewalk area of North Old World Third Street between West Wells Street and West Kilbourn Avenue. Said benches are 2 feet wide and 7 feet long.
4. To place and maintain five private trash cans located in the west, 25-foot wide sidewalk area of North Old World Third Street between West Wells Street and West Kilbourn Avenue. Said metal trashcans are 2 feet in diameter and 3 feet 6 inches tall.
5. To keep and maintain two floodlight units in the west sidewalk area of Old World Third Street centered approximately 35 and 168 feet south of the southline of West Kilbourn Avenue and 2 feet east of the westline of Old World Third Street. Each floodlight unit consists of a pole with six light fixtures attached. Minimum vertical clearance between the light fixtures and the adjacent grade below is 11 feet.
6. To keep and maintain underground electrical conduits in the public right-of-way to supply power to the floodlight units. A conduit exits the northeast corner of the building at a point approximately 39 feet south of the southline of West Kilbourn Avenue and extends in a northeasterly direction toward the north light fixture. Total length of said conduit is 36 feet.
7. To keep and maintain a covered walk projecting 12 feet into the 14-foot south sidewalk area of West Kilbourn Avenue. Said covered walk is 24 feet wide and centered approximately 119 west of the westline of Old World Third Street. The covered walk has vertical supports centered approximately 8 feet north of the southline of West Kilbourn Avenue.
8. To keep and maintain a covered walk projecting 23 feet into the 25-foot wide west sidewalk area of Old World Third Street. Said covered walk is 12 feet wide and centered approximately 89 feet south of the southline of West Kilbourn Avenue. A set of vertical supports for the covered walk is located approximately 19 feet east of the eastline of Old World Third Street.
All fixtures and materials for illumination of the covered walks shall be indicated on the 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 walks. The name, street number, or character of the business may be indicated only on the vertical portion of the covering and shall not exceed 8 inches in height.
The grantee is required to keep a “Loading Zone”, “No Parking”, or “Taxi Stand” status adjacent to the covered walks as long as the covered walks occupy the public right-of-way.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
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, Noble I Milwaukee, 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 a surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $5,000 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 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.
3. Pay to the City Treasurer an annual fee, which has an initial amount of $755.73. 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 special privilege.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:lja
November 14, 2007
070680