Number
050926
Version
SUBSTITUTE
Reference
83-1753
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Iron Block 205 for the premises at 205 East Wisconsin Avenue, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
Substitute resolution to grant an amended special privilege to Wisconsin 205 LLC and BC 205 Wisconsin LLC to keep and maintain a portico at North Water Street entry, a portico at the East Wisconsin Avenue entry and building encroachments along East Wisconsin Avenue and the adjacent alley side of the building at 205 East Wisconsin Avenue.
Body
Whereas, Iron Block Associates requested a special privilege in order to maintain and keep existing building facade encroachments and a portico and to construct and maintain an additional portico in the public right-of-way; and
Whereas, Permission was granted in 1984 by adoption of Common Council Resolution File Number 83-1753; and
Whereas, Iron Block 205 petitioned for a change of ownership amendment; and
Whereas, Wisconsin 205 LLC and BC 205 Wisconsin LLC are the present owners of record of the property; and
Whereas, For the liability to be formally transferred to the current owners, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, That Common Council Resolution File Number 83-1753 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Wisconsin 205 LLC and BC 205 Wisconsin LLC, 1665 North Water Street, Milwaukee, Wisconsin 53202, are hereby granted the following special privileges:
1. To keep and maintain a portico at the North Water Street main entry to the Iron Block Building. The support columns of said portico project 3 feet into the 12 foot wide sidewalk area of North Water Street, which is in excess of the 8 inches permitted under Section 245-4-4 of the Code of Ordinances of the City of Milwaukee. Said support columns are approximately 8-foot high, 4-foot wide and centered approximately 14 and 27 feet south of the southline of East Wisconsin Avenue. Two sets of columns are placed upon and within the limits of the column supports and extend approximately 13 feet vertically to the bottom of a balcony structure. The balcony in the 9-foot wide space between the support columns projects 24 inches, which is permitted under Section 245-4-9 of the Code of Ordinances of the City of Milwaukee.
2. To keep and maintain a portico in the 20 foot wide south sidewalk area at the East Wisconsin Avenue main entry to the Iron Block Building. The column supports of the portico project one foot beyond the building face, which is in excess of the 8 inches permitted under Section 245-4-4 of the Code of Ordinances of the City of Milwaukee. The building face itself encroaches into the public right-of-way as described in item #3 below. Said column supports are approximately 8 feet high, 4 feet wide and centered approximately 26 and 35 feet east of the eastline of North Water Street. The two sets of columns are placed within the limits of the of the column supports and extend approximately 13 feet vertically to the bottom of a pediment that projects approximately 14 inches from the building face, which is in excess of the 10 inches allowed under Section 245-4-3 of the Code of Ordinances of the City of Milwaukee.
3. To keep and maintain the entire existing building face along East Wisconsin Avenue in the 20-foot wide south sidewalk area of East Wisconsin Avenue for a length of 119 feet 11 inches. Said building face encroaches 11 inches at the west end of the building and 1 foot at the east end of the building. Said facade encroachment is in excess of the 1 ¾ inches allowed under Section 245-4-19 of the Code of Ordinances of the City of Milwaukee.
4. To keep and maintain the entire existing building face that extends into the 14-foot wide north-south public alley in the block bounded by North Broadway, East Michigan Street, North Water Street and East Wisconsin Avenue. Said building facade encroaches 11 inches for the north 8 feet 7 inches of the building length and 7 inches for the south 62 feet 1 inch of the building length. Said facade encroachment is in excess of the 1 ¾ inches allowed under Section 245-4-19 of the Code of Ordinances of the City of Milwaukee.
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, Wisconsin 205 LLC and BC 205 Wisconsin 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 $10,000.00 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 $25,000 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 $2,847.52. 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
November 29, 2005
050926