Number
031644
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Harbor Front Condominium Association to construct and maintain a riser and barrier-free access ramp and 13 excess door swings in the public right-of-way for the premises at 601 East Erie Street, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants permission to Harbor Front Condominium Association for three separate risers, two barrier-free access ramps and 13 excess door swings to encroach into the public right-of-way for the premises at 601 East Erie Street.
Body
Whereas, Frontage, LLC renovated an existing building at 601 East Erie Street and applied for permission to construct and maintain a concrete riser, barrier-free access ramp and 13 excess door swings; and
Whereas, The property is now a condominium with Harbor Front Condominium Association as it condo association; and
Whereas, A site visit revealed the presence of two additional, separate risers and an additional barrier-free access ramp; 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, Harbor Front Condominium Association, 10520 North Baehr Road, Suite Q, Mequon, Wisconsin 53092 is hereby granted the following special privileges:
1. To construct and maintain a riser in the south 15-foot wide sidewalk area of East Erie Street. Said riser measures 24 feet 7 inches long and 1 foot wide. Said riser is centered approximately 267 feet east of the eastline of North Jackson Street and 8 feet north of the southline of East Erie Street. A 6-foot wide pedestrian clear path shall be maintained at all times.
2. To construct and maintain a barrier-free access ramp in the south 15-foot wide sidewalk area of East Erie Street. Said barrier-free access ramp is centered approximately 290 feet east of the eastline of North Jackson Street and 11 feet north of the southline of East Erie Street and measures 21 feet 5 inches long and 3 feet wide. A 6-foot wide pedestrian clear path shall be maintained at all times.
3. To construct and maintain a riser in the south 15-foot wide sidewalk area of East Erie Street. Said riser is centered approximately 500 feet east of the eastline of North Jackson Street and 11 feet north of the southline of East Erie Street. Said riser measures 6 feet long and 1 foot wide. A 6-foot wide pedestrian clear path shall be maintained at all times.
4. To construct and maintain a barrier-free access ramp in the south 15-foot wide sidewalk area of East Erie Street. Said barrier-free access ramp is centered approximately 543 feet east of the eastline of North Jackson Street and 11 feet north of the southline of East Erie Street and measures 22 feet 6 inches long and 3 feet wide. A 6-foot wide pedestrian clear path shall be maintained at all times.
5. To construct and maintain a riser in the south 15-foot wide sidewalk area of East Erie Street. Said riser is centered approximately 567 feet east of the eastline of North Jackson Street and 11 feet north of the southline of East Erie Street. Said riser measures 12 feet long and 1 foot wide. A 6-foot wide pedestrian clear path shall be maintained at all times.
6. To construct and maintain 13 excess door swing encroachments in the south 15-foot wide sidewalk area of East Erie Street. Said doors are centered approximately 15, 40, 65, 99, 135, 190, 233, 266, 290, 360, 456, 486 and 512 feet south of the southline of East Jackson Street. All of said doors project 18 inches into the public right-of-way which is in excess of the 12 inches allowed under Section 245-4-8 of the Milwaukee Code of Ordinances.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained prior to the granting of this special privilege.
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 accepting this special privilege the grantee, Harbor Front Condominium Association, 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 $10,000.00 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 $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 $801.32. 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.
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 the Department 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
January 16, 2006
031644