Number
961093
Version
SUBSTITUTE
Reference
901735
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Kurt F. Froebel for encroachment into the public right-of-way of an excess door swing and to grant permission for a non-code compliance awning for the building at 4830 West Vliet Street in the 10th Aldermanic District of the City of Milwaukee.
Analysis
This resolution grants an amended special privilege to Kurt F. Froebel d/b/a Suds Your Duds - Vliet for encroachment into the public right-of-way of an excess door swing and grants formal permission for a non-code compliant awning for the building at 4830 West Vliet Street.
Body
Whereas, Froebel Realty Company, Incorporated petitioned to construct and maintain an excess door swing; and
Whereas, Permission for said door swing was granted in 1991 under Common Council Resolution File Number 901735; and
Whereas, A site visit revealed the presence of a non-code compliant fixed awning in the public right-of-way of North 49th Street; and
Whereas, Said awning 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Resolved, That Common Council Resolution File Number 901735 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Kurt F. Froebel d/b/a Suds Your Duds - Vliet, N73 W32660 Clearwater Court, Hartland, Wisconsin 53029 is hereby granted the following special privileges:
1. To keep and maintain a 2-foot 10-inch long awning centered approximately 115 feet north of the northline of West Vliet Street which projects 2 feet 10 inches into the east 20-foot wide sidewalk area of North 49th Street. Vertical clearance between the ground and the bottom of the awning is 5 feet 6 inches which is less than the 7 feet 6 inches required by Section 245-7-5 of the Milwaukee Code of Ordinances.
2. To keep and maintain a door swing that, when fully open, projects 3 feet into the 20-foot wide east sidewalk area of North 49th Street, which is in excess of the 12 inches allowed under Section 245-4-8 of the Milwaukee Code of Ordinances. Said door is centered approximately 98 feet north of the northline of West Vliet Street.
Said items shall be used and maintained to the satisfaction of the Departments of Public Works and Neighborhood Services. Said items shall be removed from the public right-of-way, at such future time as they are no longer needed to the satisfaction of said departments. All required permits shall have been obtained for the placement of said items into the public way; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Kurt F. Froebel, 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 $5,000.00 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.
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.
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:cjt
December 8, 2005
961093