Number
090959
Version
SUBSTITUTE 1
Reference
930404
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Milwaukee-MLK LLC for a fence with brick columns and for addition of a covered walk and private light fixtures for the premises at 2053 North Martin L. King Jr. Drive, in the 6th Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to Milwaukee-MLK LLC for a fence with brick columns and for addition of a covered walk and private light fixtures for the premises at 2053 North Martin L. King Jr. Drive.
Body
Whereas, Cornell Westmoreland requested permission to keep and maintain a fence with columns and two excess door swings to encroach into the public right-of-way; and
Whereas, Permission for said items was originally granted in 1993 under Common Council Resolution File Number 930404; and
Whereas, Subsequently, the Milwaukee Code of Ordinances was amended so that the excess door swings are now permitted in the public right-of-way; and
Whereas, A site visit revealed the presence of a covered walk and private light fixtures in the public right-of-way; and
Whereas, Said 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, Milwaukee-MLK LLC now owns the property, and
Whereas, For the liability for said fence with columns 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Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 930404 is hereby rescinded; and, be it
Further Resolved, That Milwaukee-MLK LLC, 333 North Michigan Avenue, Suite 1700, Chicago, Illinois 60601, is hereby granted the following special privileges:
1. To keep and maintain a 4-foot tall ornamental fence with four, 6-foot tall brick columns projecting 6 feet 6 inches into the south, 20-foot wide sidewalk area of West Lloyd Street. The fence commences at a point approximately 39 feet west of the westline of North Dr. Martin L. King Jr. Drive and extends west 111 feet 6 inches.
2. To keep and maintain four private light fixtures mounted to the tops of the four brick columns of Item #1.
3. To keep and maintain a 5-foot wide covered walk projecting 13 feet into the south, 20-foot wide sidewalk area of West Lloyd Street. Said covered walk is centered approximately 88 feet west of the westline of North Dr. Martin L. King Jr. Drive. The minimal vertical clearance between the skirt of the covered walk and the sidewalk below is 8 feet.
Said covered walk shall generally be constructed in accordance with the policies set forth in Common Council Resolution File Number 62-1211-a, adopted July 24, 1962. The covered walk frame shall be designed and supported to withstand snow and other loads of not less than 25 pounds per square foot applied in any direction. No guy wire brackets or diagonal braces shall be permitted lower than 8 feet above the sidewalk level. The coverings shall be of approved material. All fixtures and materials for illumination of the covered walks shall be indicated on the construction plans and approved prior to installation. No sign or advertising device shall be hung from, attached to, printed or painted on any part of the covered walks. The name, street number, or character of the business may be indicated only on the vertical portion of the covering and shall not exceed 8 inches in height.
Due to the distance away from of the covered walk from the curb, the grantee is not required to keep a "Loading Zone" or "No Parking" status adjacent to the covered walk as long as the covered walk occupies the public right-of-way.
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, Milwaukee - MLK 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 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 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 $1117.79. 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
July 23, 2010
090959