Number
050022
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant permission to Mary Anderson to construct and maintain platforms with steps in the public rights-of-way of West Columbia Street and North Teutonia Avenue for the premises at 3038 North Teutonia Avenue, in the 6th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to construct and maintain one new platform with steps and to keep and maintain a small portion of an existing step in the public right-of-way adjacent to the premises at 3038 North Teutonia Avenue.
Body
Whereas, The applicant is refurbishing the building at 3038 North Teutonia; and
Whereas, In order to better meet the fire codes for a tavern facility, improve capacity at this location and better match the floor elevation, the applicant is desirous to remove an existing platform with stairs and construct a new platform with stairs; and
Whereas, A small portion of an existing step located at the corner of West Columbia Street and North Teutonia Avenue encroaches into the public right-of-way of West Columbia Street and will continue to do so; 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, By the Common Council of the City of Milwaukee that, Mary Anderson, 3038 North Teutonia Avenue, Milwaukee, WI 53206 is hereby granted the following special privileges:
1. To construct, use and maintain a wooden platform with steps and handrail in the public right-of-way of West Columbia Street centered approximately 62 feet east of the eastline of North Teutonia Avenue. Said platform with stairs is to encroach approximately 1 foot into the south, 8-foot wide sidewalk area of West Columbia Street for approximately 18 feet and is to serve two entrances.
2. To keep, use and maintain a small portion of an existing concrete stair centered approximately 1 foot 1 inch east of the eastline of North Teutonia Avenue. A triangular portion of the stair encroaches into the south, 8-foot wide sidewalk area of West Columbia Street such that the base of the triangle is approximately 1 foot 4 inches and the height is 7 inches.
Said above-mentioned platform with steps 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 platform with steps 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, Mary Anderson, 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 $5,000.00 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 $50,000.00 covering bodily injury to any one person and $100,000.00 covering bodily injury to more than one person in any one accident and $20,000.00 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 $35.00. 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
July 6, 2005
050022