Number
101432
Version
SUBSTITUTE 1
Reference
951423
051434
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to South Shore Park Properties LLC to keep and maintain three covered walks and for addition of a fourth covered walk for the premises at 1800-14 North Farwell Avenue, in the 3rd Aldermanic District
Analysis
This resolution amends special privilege for change of ownership to South Shore Park Properties LLC to keep and maintain three covered walks and for addition of a fourth covered walk for the premises at 1800-14 North Farwell Avenue.
Body
Whereas, Robert Zellmer requested a special privilege to keep and maintain a covered walk at 1806 North Farwell Avenue; and
Whereas, Permission for said covered walk was granted in 1996 by adoption of Common Council Resolution File Number 951423; and
Whereas, Green Fields Trading Company Inc requested permission to keep and maintain two covered walks at 1800 North Farwell Avenue; and
Whereas, Permission for said covered walks was granted in 2006 under Common Council Resolution File Number 051434; and
Whereas, South Shore Park Properties LLC is the current owner of the subject premises; and
Whereas, The applicant is requesting permission to construct and maintain a fourth covered walk adjacent to 1814 North Farwell; and
Whereas, Said fourth covered walk may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; and
Whereas, For the liability for the previously permitted covered walks to be formally transferred to the current owner, the Common Council needs to adopt an amending resolution; now, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Numbers 951423 and 051434 are hereby rescinded; and, be it;
Further Resolved, that South Shore Park Properties LLC, P.O. Box 11761, Shorewood, Wisconsin 53211 is hereby granted the following special privileges:
1. To construct and maintain a 6-foot 6-inch wide covered walk at the entrance to 1814 North Farwell Avenue. Said covered walk projects 9 feet into the east, 11-foot wide sidewalk area of North Farwell Avenue at a point approximately 108 feet north of the northline of East Royall Place.
2. To keep and maintain a 6-foot 3-inch wide covered walk at the entrance to 1806 North Farwell Avenue. Said covered walk projects 9 feet into the east, 11-foot wide sidewalk area of North Farwell Avenue and is centered approximately 62 feet north of the northline of East Royall Place.
3. To keep and maintain a covered walk at the entrance to 1800 North Farwell Avenue, which projects approximately 8 feet into the north, 15-foot wide public sidewalk area of East Royall Place. Said covered walk is centered approximately 7 feet east of the eastline of North Farwell Avenue.
4. To keep and maintain a covered walk at the entrance to 1800 North Farwell Avenue, which projects 9 feet into the east, 11-foot wide public sidewalk area of North Farwell Avenue. Said covered walk is centered approximately 6 feet north of the northline of East Royall Place. Due to the unique nature of the building entrance, this covered walk exceeds the width of the doorway opening plus one foot one either side.
Said covered walks shall generally be constructed in accordance with the policies set forth in the Common Council Resolution File Number 62-1211-a, adopted July 24, 1962. The covered walk frames 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.
Due to the high demand for parking in the neighborhood surrounding the subject premises, the grantee shall not be required to obtain a “Loading Zone” or “No Parking” status adjacent the covered walk structures.
The above mentioned covered walks shall be used and maintained to the approval of the Commissioners of Public Works and 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, South Shore Park Properties LLC, shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
File with the Commissioner of Public Works 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. The insurance policy shall provide that it shall not be cancelled until after at least thirty days’ notice in writing to the Commissioner of Public Works.
Pay to the City Treasurer an annual fee, which has an initial amount of $300.00. 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: ns
August 2, 2011
101432