Number
021656
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution which formally grants a special privilege to keep and maintain five excess door swings, a firewall encroachment, two roof eave encroachments, two key-card readers, five bollards, ten in-ground lights, underground conduit to the aforementioned lights and key-card readers and three trash dumpsters, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution formally grants a special privilege to keep and maintain five excess door swings, a firewall encroachment, two roof eave encroachments, two key-card readers, five bollards, ten in-ground lights, underground conduit to the aforementioned lights and key-card readers and three trash dumpsters.
Body
Whereas, The applicant proposed to construct a new sports and recreational facility located at 1245 North Broadway and has petitioned to keep several excess door swing encroachments, two roof eave encroachments and a firewall encroachment in the public right-of-way; and
Whereas, All of the door swings project further than the 12 inches allowed under Sec. 245-4-8 of the Code of Ordinances of the City of Milwaukee; and
Whereas, The aforementioned roof eaves, project further than the 3 feet allowed under Sec. 245-4-1 of the Code of Ordinances of the City of Milwaukee; and
Whereas, Now that the building has been completed and the congestion of construction has been eliminated, the nature and extent of these encroachments can be more clearly observed; and
Whereas, A recent site visit revealed the presence of additional items, including two key-card readers, five bollards, and ten in-ground lights within the public rights-of-way; and
Whereas, These items may only legally encroach into the public rights-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, Milwaukee School of Engineering, 1025 North Broadway, Milwaukee, Wisconsin 53202 is hereby granted the following special privileges:
1. To keep and maintain a 4-foot wide roof eave that projects into East Knapp Street commencing approximately 5 feet west of the eastline of North Market Street and extending approximately 115 feet 8 inches east of the eastline of North Market Street, for a total length of 120 feet 8 inches. The underside of the roof eave is no less than approximately 61 feet 6 inches above sidewalk grade. Per Sec. 245-4-1: Permissible Projects and Encroachments of the City of Milwaukee Code of Ordinances, a roof eave may project a maximum of 3 feet into the public right-of-way.
2. To keep and maintain a 5-foot wide roof eave that projects into North Market Street commencing approximately 4 feet north of the southline of East Knapp Street and extending approximately 199 feet 4 inches south of the southline of East Knapp Street, for a total length of 203 feet 4 inches. The underside of the roof eave is no less than approximately 61 feet 6 inches above grade. Per Sec. 245-4-1: Permissible Projects and Encroachments of the City of Milwaukee Code of Ordinances, a roof eave may project a maximum of 3 feet into the public right-of-way.
3. To keep and maintain an 18-inch wide, concrete firewall centered approximately 116 feet east of the eastline of North Market Street. The firewall is angled so that at the sidewalk grade the encroachment is approximately 1 foot 6 inches and at the top of the building, approximately 65 feet above the sidewalk grade, the encroachment is approximately 6 feet. The firewall encroaches into the south sidewalk area of East Knapp Street an average of 3 feet 9 inches.
4. To keep, use and maintain a key-card reader mounted to the building wall, mounted approximately 3 feet above the sidewalk. The key-card reader projects approximately 5 inches into the public right-of-way of East Knapp Street and measures 6 inches wide and 10 inches tall. It is centered approximately 12 feet east of the eastline of North Market Street in the south sidewalk area of East Knapp Street.
5. To keep, use and maintain an excess door swing encroachment for a single set of double doors centered approximately 8 feet east of the eastline of North Market Street in the south sidewalk area of East Knapp Street. The doors are 3-feet wide, each, and, when fully opened, encroach approximately 3 feet into the public right-of-way, which is in excess of the 12 inches allowed per Sec. 245-4-8 of City of Milwaukee Code of Ordinances.
6. To keep, use and maintain an excess door swing encroachment for a single door centered approximately 6 feet south of the southline of East Knapp Street in the east sidewalk area of North Market Street. The door is 3-feet wide and, when fully opened, encroaches approximately 2 feet into the public right-of-way, which is in excess of the 12 inches allowed per Sec. 245-4-8 of City of Milwaukee Code of Ordinances.
7. To keep, use and maintain an excess door swing encroachment for two sets of double doors centered approximately 182 and 196 feet south of the southline of East Knapp Street, respectively, in the east sidewalk area of North Market Street. The doors are 3-feet wide, each, and, when fully opened, encroach approximately 2 feet into the public right-of-way, which is in excess of the 12 inches allowed per Sec. 245-4-8 of City of Milwaukee Code of Ordinances. There is and shall remain no exterior door handles.
8. To keep, use and maintain 10 lights, one pair flanking each of five pilasters, with each pair of lights centered approximately 22, 57, 92, 127 and 162 feet south of the southline of East Knapp Street in the east sidewalk area of North Market Street. The lights are flush with the surrounding sidewalk and are 1 foot in diameter. All ten lights are approximately centered on the eastline of North Market Street.
9. To keep and maintain a 1 inch diameter electrical underground conduit, which powers the aforementioned lights of item #8. The conduit runs parallel to the building, approximately 1 foot west of the eastline of North Market Street, for approximately 141 feet at an approximate depth of 18 inches.
10. To keep and maintain 4 concrete bollards, 9 inches in diameter each and 4 feet tall, centered approximately 221, 233, 250 and 261 feet south of the southline of East Knapp Street within the east sidewalk area of North Market Street. All four bollards are centered approximately 8 inches west of the eastline of North Market Street. They are located so as to minimize damage to the building from vehicles entering the building.
11. To keep and maintain a concrete bollard, 9 inches in diameter and 4 feet tall centered approximately 221 feet south of the southline of East Knapp Street. Said bollard is centered approximately 12 feet west of the eastline of North Market Street within the east sidewalk area.
12. To keep, use and maintain a key-card reader centered approximately 222 feet south of the southline of East Knapp Street and approximately 12 feet west of the eastline of North Market Street within the east sidewalk area. Said key-card reader is mounted to the bollard described in item #10 with a steel arm that projects away and to the south of said bollard approximately 3 feet 6 inches above the sidewalk. The key-card reader and steel arm are approximately 1-foot long, 6-inches wide, and 10-inches tall. This is for activating the south overhead door.
13. To keep and maintain a 1 inch diameter electrical underground conduit, which powers and connects the aforementioned key-card reader of item #11. The conduit runs perpendicular to the building centered approximately 223 feet south of the southline of East Knapp Street, for approximately 11 feet 9 inches at an approximate depth of 18 inches. The conduit then travels up the interior of the aforementioned bollard of item #11, an approximate height of 3 feet 6 inches.
14. To keep and maintain an excess door swing encroachment for one set of double doors centered approximately 240 feet south of the southline of East Knapp Street, respectively, in the east sidewalk area of North Market Street. The doors are 3 feet-wide, each, and, when fully opened, encroach approximately 2 feet into the public right-of-way, which is in excess of the 12 inches allowed per Sec. 245-4-8 of City of 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. Permits shall have been obtained specifically for each of these items, as necessary.
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 School of Engineering, 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 $200,000.00 covering bodily injury to any one person and $400,000.00 covering bodily injury to more than one person in any one accident and $100,000.00 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 $415.84. 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 66.0425 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
February 24, 2005
021656
Clerical correction -- 01/27/09 -- jro