Number
050222
Version
SUBSTITUTE 2
Reference
020386
Sponsor
THE CHAIR
Title
Substitute resolution to amending a special privilege to Water Street Lofts, LLC for encroachment into the public right-of-way of a platform with steps with iron guardrail and gate for the building at 301-309 North Water Street, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants an amended special privilege to construct, use and maintain a platform with steps with iron guardrail and gate and to keep and maintain a platform and steps and a loading driveway, in the public right-of-way adjacent to the property at 301-309 North Water Street.
Body
Whereas, The applicant, Water Street Lofts, LLC, has petitioned to construct, use and maintain a platform with steps with iron guardrail and gate that would go down from the street level to the basement of the building in the sidewalk area of North Water Street; and
Whereas, The applicant had previously petitioned for permission for a decorative platform and steps for its main building entrance on East Buffalo Street and a loading driveway, also on East Buffalo Street; and
Whereas, Said items may only legally encroach into the public right-of-way by the granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
Resolved, That Common Council File Number 020386 is hereby rescinded; and be it
Further Resolved, By the Common Council of the City of Milwaukee, that Water Street Lofts, LLC, 301-309 North Water Street, Suite 160, Milwaukee, Wisconsin 53202 is hereby granted the following special privileges:
1. To construct, use and maintain a platform with steps and iron guardrail which go between the sidewalk grade and the basement of the building at 301-09 North Water Street. Said platform, steps, and iron guardrail projects 4 feet into the 9-foot wide, west public sidewalk area of North Water Street for a length of 22 feet. Said platform, steps and iron guardrail commence at a point approximately 112 feet north of the northline of East Buffalo Street at the westline of North Water Street, then easterly to a point approximately 4 feet east of the westline of North Water Street, then southerly to a point approximately 90 feet north of the northline of East Buffalo Street, and ending at a point approximately 90 feet north of the northline of East Buffalo Street at the westline of North Water Street.
2. To construct, use and maintain a gate that will be act as the entrance to the platform and steps of item #1 above and for safety will swing out away from the steps. Said gate will extend 3 feet 9 inches into the public sidewalk when fully opened and is centered approximately 90 feet north of the northline of East Buffalo Street.
3. To keep, use and maintain a decorative platform with steps that will encroach approximately 7 feet into the 15-foot wide public sidewalk area on the north side of East Buffalo Street, adjacent to 301-309 North Water Street. The platform, which is 11 feet 4 inches long, 7 feet wide and 4 feet 9 inches above grade and is centered approximately 61 feet west of the westline of North Water Street. The steps project approximately 5 feet for a length of approximately 8 feet 6 inches, including the railings, extending east from the platform.
4. To keep, use and maintain a 10-foot wide driveway between the curb and lot line on the north side of East Buffalo Street for the purpose of using the sidewalk area for loading and unloading purposes. The driveway is located approximately 70 feet west of the westline of North Water Street and serves a 9-foot 6-inch wide doorway.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained prior to the granting of this special privilege.
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, Water Street Lofts 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 surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $10,000 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 $100,000 covering bodily injury to any one person and $200,000 covering bodily injury to more than one person in any one accident and $40,000 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 $1,773.41. 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.
7. Remove, not plow nor place in the street, all snow from the sidewalk area between the curb face and the building along North Water Street.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:lja
November 23, 2005
050222