Number
081043
Version
SUBSTITUTE 1
Reference
44897
44898
66-684
66-685
081042
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to Marcus Cinemas of Wisconsin LLC for change of ownership of wheel guards and an alley vault and for addition of various items in the public right-of-way for the premises at 212 West Wisconsin Avenue, in the 4th Aldermanic District.
Analysis
This resolution amends a special privilege to Marcus Cinemas of Wisconsin LLC for change of ownership of wheel guards and an alley vault and for addition of display window cases, excess fire escape projections, excess door swing projections and a concrete step in the public right-of-way for the premises at 212 West Wisconsin Avenue.
Body
Whereas, Warner Brothers Theatres, Inc. requested permission to construct and maintain wheel guards, a window rail guard, and a hollow alley area way in the public right-of-way; and
Whereas, Permission for said items was originally granted in 1930 under Common Council Resolution File Numbers 44897 and 44898; and
Whereas, In 1966, said special privileges were amended for change of ownership to Marcus Amusement Corporation under Common Council Resolution File Numbers 66-684 and 66-685; and
Whereas, The window rail guard appears to have been removed from the public right-of-way; and
Whereas, Marcus Cinemas of Wisconsin LLC now owns the property; and
Whereas, For the liability for said items to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; and
Whereas, A site visit revealed the presence of a concrete step, two sets of excess door swings, eight display window cases and two excess fire escape projections in the public right-of-way; and
Whereas, Said concrete step, two sets of excess door swings, eight display window cases and two excess fire escape projections 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, By the Common Council of the City of Milwaukee, that Common Council File Numbers 44897, 44898, 66-684, and 66-685 are hereby rescinded; and, be it
Further Resolved, That Marcus Cinemas of Wisconsin LLC, 100 East Wisconsin Avenue, Suite 1900, Milwaukee, Wisconsin 53202, is hereby granted the following special privileges:
1. To keep and maintain a series of 8 display window cases projecting 3 inches into the west, 15-foot wide sidewalk area of North 2nd Street. Said window cases commence at a point approximately 125 feet north of the northline of West Wisconsin Avenue and extends north 55 feet 8 inches.
2. To keep and maintain a concrete step projecting 11 inches into the 20-foot wide east-west alley in the block bounded by North 2nd Street, North Old World Third Street, West Wells Street and West Wisconsin Avenue. Said step commences approximately 50 feet east of the north-south alley in the subject block and extends 10 feet 4 inches to the east.
3. To keep and maintain a fire escape projecting into the 20-foot wide east-west alley adjacent to the subject property beyond the 7 feet permitted under Section 245-4-9 of the Milwaukee Code of Ordinances. Said fire escape meets all other requirements of the code.
4. To keep and maintain a hollow alley or alley vault projecting 6 feet 7 inches into the east-west alley adjacent to the subject premises. Said alley vault commences at a point approximately 77 feet west of the westline of North 2nd Street and extends west 11 feet. The top of the alley vault cover is 3 inches above the adjacent alley pavement. Said alley vault cover is removable. Records indicate that the alley vault is 17 feet 2 inches deep.
5. To keep and maintain two sets of double doors, each comprised of two 3-foot wide doors that, when fully open, project 3 feet into the north-south alley adjacent to the subject property. Said doors are centered approximately 100 and 150 feet north of the northline of West Wisconsin Avenue. Said doors project into the public right-of-way in excess of the 12 inches allowed under Section 245-4-8 of the Milwaukee Code of Ordinances.
6. To keep and maintain seven concrete wheel guards projecting 1 foot into the 20-foot wide north-south alley adjacent to the subject premises. The northern most wheel guard, located on the northwest corner of the building at the intersection of the north-south and east-west alley lines, has a 1-foot radius. The other six wheel guards are 3, 3, 3, 0.8, 5, and 3 feet long, going north to south. Said wheel guards are all 2 feet 6 inches tall.
7. To keep and maintain a concrete wheel guard projecting 1 foot into the 20-foot wide north-south alley adjacent to the subject premises. The wheel guard commences at a point approximately 20 feet north of the northline of West Wisconsin Avenue and extends 50 feet 8 inches to the north. Said wheel guard varies in height from 1 foot 8 inches to 2 feet 6 inches.
8. To keep and maintain a fire escape projecting into the 20-foot wide east-west alley adjacent to the subject property beyond the 7 feet permitted under Section 245-4-9 of the Milwaukee Code of Ordinances. Said fire escape meets all other requirements of the code.
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, Marcus Cinemas of Wisconsin LLC, 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. 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 $224.88. 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 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 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
February 5, 2009
081043