Number
070356
Version
SUBSTITUTE
Reference
872644
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Blatz Condominium Association, Inc. for encroachment into the public right-of-way of logo plaques and brick pavers and for addition of a metal doorframe for the premises at 270 East Highland Avenue, in the 4th Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to Blatz Condominium Association, Inc. for encroachment into the public right-of-way of logo plaques and brick pavers and for addition of a metal doorframe for the premises at 270 East Highland Avenue.
Body
Whereas, Dominium Group, Inc. requested permission to install and maintain logo plaques and brick pavers in the public right-of-way; and
Whereas, Permission for said logo plaques and brick pavers was granted in 1988 under Common Council File Number 872644; and
Whereas, Blatz Condominium Association, Inc. now owns the property; and
Whereas, A site visit revealed the presence of a metal door frame encroaching into the public right-of-way, and
Whereas, Said metal door frame 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 logo plaques and bricks to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 872644 is hereby rescinded; and, be it
Further Resolved, That Blatz Condominium Association, Inc., 270 East Highland Avenue, Milwaukee, WI 53202, is hereby granted the following special privileges:
1. To keep and maintain three brass logo plaques, 3 feet in diameter, encroaching into the north 20-foot sidewalk area of East Highland Avenue. Two plaques lie on either side of the driveway that is centered approximately 132 feet west of the west line of North Broadway. The third plaque is on the west side of the driveway centered 303 feet west of the west line of North Broadway. Each plaque is centered approximately 15 feet 6 inches south of the north line of East Highland Avenue.
2. To keep and maintain four brass logo plaques, 3 feet in diameter, encroaching into the south 14-foot sidewalk area of East Juneau Avenue. Two plaques lie on either side of a driveway centered approximately 103 feet west of the west line of North Broadway. Said plaques are centered approximately 10 feet north of the south line of East Juneau Avenue. The other two plaques are located approximately 295 feet and 349 feet west of the west line of North Broadway and are centered approximately 10 north of the south line of East Juneau Avenue.
3. To keep and maintain brick pavers within the sidewalk areas of East Highland Avenue, East Juneau Avenue and North Broadway. The single bands of bricks are 8-3/4 inches wide in the direction of pedestrian travel and extend perpendicularly from the building toward the curb at the locations of trees and light poles. A brick paved area surrounding either item and also paralleling the curb for its entire length is also included. The brick patterning abuts the property along East Highland Avenue, North Broadway and East Juneau Avenue. In addition, a major portion of the corner radius, excluding the pedestrian ramp, is brick along North Broadway both at East Highland Avenue and at East Juneau Avenue.
4. To install and maintain a metal entrance frame that is centered approximately 161 feet north of the north line of East Highland Avenue. The metal frame is 7 feet 6 inches wide and projects into the 20-foot west sidewalk area of North Broadway 4 inches on both sides of the entrance. Said metal frame is approximately 14 feet tall and has an integral non-code compliant fixed awning at the top that projects 1 foot 5 inches into the public right of way. Said fixed awning does not comply with the Milwaukee Code of Ordinances chapter 245-7 because of a flat-angled roofed surface.
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, Blatz Condominium Association, Inc. shall:
1. Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
2. 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 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.
3. Pay to the City Treasurer an annual fee, which has an initial amount of $151.06. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
4. 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.
5. 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 1 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 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
November 27, 2007
070356