Number
010120
Version
SUBSTITUTE
REFERENCE
SPONSOR
THE CHAIR
Title
Substitute resolution granting a special privilege to RainMaker Enterprises, Inc. to construct and maintain balconies and an excess door swing, which encroach into the public rights-of-way at 215 West Maple Street, in the 12th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to RainMaker Enterprises, Inc. to construct and maintain balconies and an excess door swing, which encroach into the public rights-of-way on the south side of West Maple Street and on the west side of North 2nd Street.
Body
Whereas, The existing building located at 215 West Maple Street is being renovated to provide residential condominium units; and
Whereas, Several items, which include balconies at the upper floors and a door swing at ground level will encroach into the public rights-of-way on the south side of West Maple Street and on the west side of North 2nd Street; and
Whereas, These items may only be permitted to encroach into the public right-of-way by the granting of a special privilege by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that RainMaker Enterprises, Inc., 904 East Pearson Street, Milwaukee, WI 53202, is hereby granted the following special privileges:
1. To install and maintain balconies, which extend approximately 5 feet 4 inches into the public right-of-way at 215 West Maple Street, as follows: Balconies are located at the second, third, fourth, fifth and sixth levels. Each level is to have four straight balconies, approximately 15.5 feet long, extending into the right-of-way on the south side of West Maple Street, and two corner balconies, one extending into the right-of-way of West Maple Street and North 2nd Street, and one extending into the right-of-way of North 2nd Street. The corner balconies are approximately 23 feet long on the West Maple Street side and approximately 20 feet and 18 feet long on the South 2nd Street side. The Milwaukee Code of Ordinances under Section 245-4-9 only allows a 4-foot projection.
2. To use and maintain a door swing encroachment at the building known as 215 West Maple Street that, when fully open, projects into the public right-of-way in excess of the 12-inch maximum distance permissible under Section 245-4-8 of the Milwaukee Code of Ordinances. The doorway is centered approximately 15.5 feet west of the westline of South 2nd Street and its maximum encroachment is approximately 2 feet into the
15-foot wide sidewalk area on the south side of West Maple Street.
Said items shall be constructed and maintained to the approval of the Commissioners of Public Works and Neighborhood Services and all necessary permits shall be procured from the Commissioners of Public Works and City Development
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, RainMaker Enterprises, 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 $10,000.00 such bond to be approved by the City Attorney. The 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 $250,000 covering bodily injury to any one person and $500,000 covering bodily injury to more than one person in any one accident and $100,000 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. Both bond and insurance policy shall provide that they shall not be canceled 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 $159.81. 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 any 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 66.0915(3) 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
JJM:cjt
June 22, 2001
010120