Number
040824
Version
SUBSTITUTE 1
Reference
901833
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for Towne Realty, Inc. for encroachment into the public right-of-way of stanchions, carpet, sign for valet parking, and ash can for the building at 720 North Plankinton Avenue, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
Substitute resolution to grant an amended special privilege to Towne Realty, Inc. to grant permission for encroachment into the public right-of-way of six stanchions, a sign for valet parking, a carpet and an ash can in the public right-of-way adjacent to 720 North Plankinton.
Body
Whereas, Towne Realty, Inc. requested permission for a solarium (greenhouse-type structure), which was to be used as part of a restaurant, and for a covered walk; and
Whereas, Permission was granted in 1991 by adoption of Common Council Resolution File Number 901833; and
Whereas, Towne Realty is now requesting permission for stanchions and a carpet to be used at the entrance to its tenant, a restaurant named Mo’s A Place for Steaks; and
Whereas, A site visit revealed the presence of an ash can and a sign for valet parking in the public right-of-way; and
Whereas, Said items 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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 901833 is hereby rescinded; and, be it
Further Resolved, That Towne Realty, Inc., 710 North Plankinton Avenue, Milwaukee, WI 53203, is hereby granted the following special privileges:
To keep and maintain 6 stanchions within the public right-of-way of North Plankinton Avenue adjacent to the premises at 720 North Plankinton Avenue. Each stanchion shall be 3 feet 4 inches tall and shall have a 1-foot diameter base. Stanchions shall only be placed within the public right-of-way during business hours and shall not be fastened, bolted or in any way permanently attached to the public sidewalk. Stanchions shall be positioned such that there is a minimum 6-foot clear area for pedestrian travel in the 15-foot, fully concrete paved sidewalk area of North Plankinton Avenue.
To keep and maintain a carpet, approximately 5 feet 6 inches wide and 14 feet long, under the covered walk of item #5, within the public right-of-way of North Plankinton Avenue, centered approximately 114 feet north of the northline of West Wisconsin Avenue. The carpet shall only be placed within the public right-of-way during business hours and shall not in any way be permanently affixed to the public sidewalk.
To keep and maintain a 10-inch diameter ash can centered approximately 106 feet north of the northline of West Wisconsin Avenue and 2 feet west of the eastline of North Plankinton Avenue.
To keep and maintain a sign for valet parking in the public right-of-way adjacent to the entrance for the premises at 720 North Plankinton Avenue. Said shall be placed in the public right-of-way only during business hours and shall be placed such that a minimum 6-foot clear area for pedestrian travel is maintained.
To erect and maintain a covered walk projecting 13 feet into the 15-foot wide, fully concrete paved east sidewalk area of North Plankinton Avenue. Said covered walk is 6 feet in width and is centered approximately 114 feet north of the northline of West Wisconsin Avenue.
The covered walk shall be supported by the building, by 1 vertical support at each side of the covered walk, located approximately 2 feet inside of the curb face at the west end. There shall be an approximately 5-foot 6-inch wide opening between the vertical supports, which parallels the curb face. The minimum vertical clearance between the skirt of the covered walk and the sidewalk below shall be 8 feet.
Said covered walk shall generally be constructed in accordance with the policies set forth in Common Council Resolution File Number 62-1211-a adopted July 24, 1962. The covered walk frame shall be designed and supported to withstand snow and other loads of not less than 25 pounds per square foot applied in any direction. No guy wires, brackets or diagonal braces shall be permitted lower than 7 feet above the sidewalk level. The covering shall be of approved material.
All fixture and materials for illumination of covered walks shall be indicated upon 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 walk. The business may be indicated only on the vertical portion of the covering and not to exceed 8 inches in height.
The grantee shall maintain “Loading Zone” or “No Parking” status adjacent to the proposed covered walk location and maintain this status as long as the covered walk occupies the public right-of-way.
To keep and maintain a solarium (greenhouse-type structure) consisting of glass and metal framework within the public right-of-way of North Plankinton Avenue. Said structure is in two sections: the south section is approximately 17 feet in length and the north section is approximately 36 feet in length. The structure is approximately located between 88 and 159 feet north of the northline of West Wisconsin Avenue. There is an 18-foot wide space between the two sections in the center of which is the main entrance to the restaurant. The structure encroaches 5 feet and is between 9 and 12 feet in height.
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, Towne Realty, Inc., 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 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 $5,080.20. 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 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.
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.
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
June 30, 2006
040824