Number
010434
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to Gaslight Square Apartments, LLC for residential bays, balconies, moveable planters, decorative flags, a business sign, pet waste receptacles, electrical outlet boxes and a gas pipe connection in the public right-of-way for the premises at 136 North Milwaukee Street, in the 4th Aldermanic District.
Analysis
This resolution grants a special privilege to Gaslight Square Apartments, LLC for residential bays, balconies, moveable planters, decorative flags, a business sign, pet waste receptacles, electrical outlet boxes and a gas pipe connection in the public right-of-way for the premises at 136 North Milwaukee Street.
Body
Whereas, P&J Investment Corporation requested permission to construct and maintain residential bays and balconies extending from its, then proposed, buildings into the public right-of-way; and
Whereas, Said buildings with the residential bays and balconies were constructed in 2003; and
Whereas, Gaslight Square Apartments, LLC now owns the property; and
Whereas, Site visits revealed the presence of electrical outlet boxes, decorative flags with poles, an a-frame business sign, moveable planters and a gas pipe in the public right-of-way; and
Whereas, Said items may only legally encroach into the public right-of-way by 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 Gaslight Square Apartments, LLC, c/o Mandel Group, P.O. Box 167928, Irving, Texas 75038 is hereby granted the following special privileges:
1. To construct and maintain 4 residential bays projecting 2 feet into the west, 15-foot wide sidewalk area of North Jefferson Street. Said 14-foot long bays commence approximately 3 feet north and 65, 106 and 288 feet south of the southline of East Menomonee Street. Minimum height of said bays is 25 feet above grade.
2. To construct and maintain two residential bays projecting 3 feet into the south, 15-foot wide sidewalk area of East Menomonee Street. The east bay commences at the westline of North Jefferson Street and ends 12 feet to the west. The west bay commences at the eastline of North Milwaukee Street and ends 11 feet to the east. Minimum height of said bays is 25 feet above grade.
3. To construct and maintain four residential bays projecting 3 feet into the east, 15-foot wide sidewalk area of North Milwaukee Street. Said 14-foot long balconies commence at points approximately 3 feet north and 68, 93 and 290. Minimum height of said bays is 25 feet above grade.
4. To construct and maintain 12 balconies in the east, 15-foot wide sidewalk area of North Milwaukee Street at the third, fourth and fifth floor levels. The first column of balconies commences at a point approximately 11 feet south of the southline of East Menomonee Street and ends 13 feet 6 inches to the south. The second column of balconies commences approximately 55 feet south of the southline of East Menomonee Street and ends 13 feet 6 inches to the south. The third column of balconies commences approximately 108 feet south of the southline of East Menomonee Street and ends 8 feet to the south. The fourth and last column of balconies commences approximately 282 feet south of the southline of East Menomonee Street and ends 8 feet to the south. Said balconies project 5 feet into the public way, in excess of the 4 feet allowed under Section 245-4.9 of the Milwaukee Code of Ordinances.
5. To keep and maintain two second floor balconies in the east, 15-foot wide sidewalk area of North Milwaukee Street. Said 19-foot long balconies commence at 113 and 282 feet south of the southline of East Menomonee Street. Said balconies project 5 feet into the public way, in excess of the 4 feet allowed under Section 245-4.9 of the Milwaukee Code of Ordinances.
6. To install and maintain four metal pet waste receptacles. Two of said receptacles are located in the 15-foot wide west sidewalk area of North Jefferson Street centered approximately 8 feet east of the westline of North Jefferson Street and 124 and 293 feet south of the southline of East Menomonee Street. Two of said receptacles are located in the 15-foot east sidewalk area of North Milwaukee Street centered approximately 8 feet west of the eastline of North Milwaukee Street and 122 and 292 feet south of the southline of East Menomonee Street. Said pet waste receptacles are all 1 foot 3 inches in diameter and 3 feet tall.
7. To install and maintain 8 non-governmental, decorative flags with poles in the 15-foot wide, south sidewalk area of East Menomonee Street. Said flag poles are centered approximately 8 feet north of the southline of East Menomonee Street and 51, 70, 89, 109, 160, 180, 199 and 217 feet east of the eastline of North Milwaukee Street. The flag poles are set in holders made out of PVC pipe, which are buried in the tree border area.
8. To keep and maintain an A-frame advertising sign in the south 15-foot wide public sidewalk area of East Menomonee Street. Said sign stands 3 feet 6 inches tall and is 3 feet wide. Said sign is centered approximately 10 feet north of the southline of East Menomonee Street and 158 feet east of the eastline of North Milwaukee Street.
9. To install and maintain two electrical outlet boxes in the south 15-foot wide public sidewalk area of East Menomonee Street. Said outlet boxes are 6 inches wide, are 1-foot long and stand 1-foot tall. The outlet boxes are centered approximately 11 feet north of the southline of East Menomonee Street and 65 and 190 feet east of the eastline of North Milwaukee Street.
10. To keep and maintain two moveable planters in the south 15-foot wide public sidewalk area of East Menomonee Street. Both planters are located along the southline of East Menomonee Street with one at the westline of North Jefferson Street and the other at the eastline of North Milwaukee Street. Said planters are 3 feet in diameter and stand 2 feet 6 inches tall.
11. To keep and maintain two square metal moveable planters in the west 15-foot wide public sidewalk area of North Jefferson Street. Said planters are centered approximately 1 foot east of the westline of North Jefferson Street and 200 and 295 feet south of the southline of East Menomonee Street. Said planters stand 3 feet tall and are 2 foot square.
12. To keep and maintain two square metal moveable planters in the east 15-foot wide public sidewalk area of North Milwaukee Street. Said planters are centered approximately 1 foot west of the eastline of North Milwaukee Street and 202 and 292 feet south of the southline of East Menomonee Street. Said planters stand 3 feet tall and are 2 foot square.
13. To keep and maintain an 18-inch tall gas pipe, projecting from the ground, in the east 15-foot wide sidewalk area of North Milwaukee Street. Said gas pipe projects 6 inches into the public way and is 4 inches wide. Said gas pipe is centered approximately 112 feet south of the southline of East Menomonee Street.
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, Gaslight Square Apartments, LLC, c/o Mandel Group, 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 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 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.
Pay to the City Treasurer an annual fee, which has an initial amount of $2,232.50. 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:lja
December 26, 2006
010434