Number
020840
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Jefferson Block, LLC to construct and maintain a double leveled sidewalk, risers, walled porch areas, pipes for gas service, moveable planters and excess door swings for the premises at 511 East Menomonee Street, in the 4th Aldermanic District.
Analysis
Substitute resolution granting a special privilege to Jefferson Block, LLC to construct and maintain a double leveled sidewalk, risers, walled porches, moveable planters and excess door swings for the premises at 511 East Menomonee Street, also known as 144 North Jefferson Street.
Body
Whereas, New Land Enterprises, LLP petitioned for permission to construct a double level sidewalk and several risers around its development at 511 East Menomonee Street, which were required to mitigate the environmental concerns of the site; and
Whereas, A site visit revealed the presence of walled porch areas, pipes and excess door swings at the subject premises; and
Whereas, The current owner of the property is Jefferson Block, LLC and special privileges are normally granted to the property owner; and
Whereas, Said items 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 Jefferson Block, LLC, P.O. Box 511448, Milwaukee, Wisconsin 53203, is hereby granted the following special privileges:
1. To construct and maintain concrete risers in the 11-foot wide west sidewalk area of North Jackson Street centered approximately 60, 116, 135, 164, 195, 245 and 295 feet south of the southline of East Menomonee Street. Said risers are 9 feet 6 inches, 15 feet 11 inches, 9 feet 3 inches, 7 feet 10 inches, 6 feet 8 inches, 6 feet 8 inches and 6 feet 8 inches long and 1 foot, 1 foot 10 inches, 1 foot, 10 inches, 10 inches, 10 inches and 9 inches wide, respectively.
2. To construct and maintain a single, concrete riser in the 15-foot wide sidewalk area of East Menomonee Street centered approximately 65 feet west of the westline of North Jackson Street. Said riser is 9 feet 10 inches long and 1 foot wide.
3. To install and maintain two moveable planters in the 15-foot wide sidewalk area of East Menomonee Street centered on either side of the aforementioned concrete riser in East Menomonee Street.
4. To construct and maintain two pipes providing gas service to the building in the 15-foot wide north sidewalk area of East Corcoran Avenue centered approximately 55 and 210 feet west of the westline of North Jackson Street. Said 6-inch wide pipe assemblies project 10 and 2 inches at a height of 1 foot 3 inches and 1 foot, respectively.
5. To construct and maintain one excess door swing encroachment in the 15-foot wide north sidewalk area of East Corcoran Avenue centered approximately 42 feet west of the westline of North Jackson Street. Said 3-foot wide door projects 2 feet into the public right-of-way when fully open, in excess of the 12 inches allowed under Section 245-4-8 of the Milwaukee Code of Ordinances.
6. To construct and maintain a double excess door swing encroachment comprised of two single doors, in the 15-foot wide north sidewalk area of East Corcoran Avenue, centered approximately 106 feet west of the westline of North Jackson Street. Said 3-foot wide doors project 2 feet when fully open, in excess of the 12 inches allowed under Section 245-4-8 of the Milwaukee Code of Ordinances.
7. To construct and maintain two excess door swing encroachments in the 15-foot wide sidewalk area of North Jefferson Street centered approximately 6 and 49 feet north of the northline of East Corcoran Avenue. Said doors both project 2 feet 4 inches when fully open, in excess of the 12 inches allowed under Section 245-4-8 of the Milwaukee Code of Ordinances.
8. To construct and maintain a 2-foot tall, 8-inch wide masonry wall in the 15-foot wide east sidewalk area of North Jefferson Street. Said wall serves to enclose patio areas, much as a fence would, for abutting apartments. Said wall commences at a point approximately 68 feet north of the northline of East Corcoran Avenue and ends a point 59 feet 6 inches to the north. There are two 4-foot 2-inch wide openings in said wall. At both the beginning and end points, said wall turns to the east where it meets the eastline of North Jefferson Street, which is 3 feet east of the wall face.
9. To construct and maintain a 2-foot tall, 8-inch wide masonry wall in the 15-foot wide east sidewalk area of North Jefferson Street. Said wall commences at a point approximately 127 feet 6 inches north of the northline of East Corcoran Avenue and ends at a point 139 feet to the north. There are three 6-foot wide and one 7-foot wide openings in said wall. At both the beginning and end points, said wall turns to the east where it meets the eastline of North Jefferson Street, which varies from 1 foot 10 inches and 11 inches east of the wall face.
10. To construct and maintain a double leveled sidewalk in the 11-foot wide west sidewalk area of North Jackson Street and the 15-foot wide, south sidewalk area of East Menomonee Street. In North Jackson Street, the upper level of said double leveled sidewalk projects 5 feet 5 inches into the public way commencing at a point approximately 31 feet north of the northline of East Corcoran Avenue and extending north 388 feet 4 inches. In East Menomonee Street, the upper level of said double leveled sidewalk projects 9 feet 6 inches into the public way commencing at a point approximately 4 feet 6 inches west of the westline of North Jackson Street and extending west 120 feet 8 inches.
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, Jefferson Block, LLC, 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 $1,085.39. 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
August 15, 2006
020840