Number
080291
Version
SUBSTITUTE 1
Reference
010400
910805
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to MillerCoors LLC for encroachment into the public right-of-way of various amenities along West State Street between North 37th Street and North 45th Street, in the 15th and 10th Aldermanic Districts.
Analysis
This resolution amends a special privilege for change of ownership to MillerCoors LLC for encroachment into the public right-of-way of various amenities, including a sign bridge, fixed awning, benches, bollards, private lighting, trash receptacle, step and retaining wall, along West State Street between North 37th Street and North 45th Street.
Body
Whereas, Miller Brewing Company requested permission to keep and maintain a retaining wall in the public right-of-way; and
Whereas, Permission for said retaining wall was granted in 1991 under Common Council Resolution File Number 910805; and
Whereas, Miller Brewing Company requested permission to construct and maintain several items in the public right-of-way of West State Street including a non-code compliant fixed awning, private lighting, bollards, benches, a trash receptacle, trench drain, and step; and
Whereas, Permission for said items was granted in 2002 under Common Council Resolution File Number 010400; 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; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Numbers 910805 and 010400 are hereby rescinded; and, be it
Further Resolved, That MillerCoors LLC, 3939 West Highland Avenue, Milwaukee, WI 53208, is hereby granted the following special privileges:
1. To keep and maintain a reinforced concrete retaining wall in the north, 10-foot wide sidewalk area of West State Street. Said retaining wall projects 1-foot into the public way; commences at the westline of North 38th Street and extends west 420 feet. The wall varies in height from 2 feet to a maximum of 8 feet.
2. To keep and maintain a sign bridge spanning West State Street approximately 140 feet east of the North 45th Street. The bridge consists of piers with footings and piles located in the sidewalk areas on the north and south sides of West State Street with a steel latticework bridge spanning West State Street between the piers. The 4-foot 8-inch (north-south) by 6-foot (east-west) column piers are centered approximately 4 feet 4 inches from the curb face and are 14 feet tall. The arch of the sign has a minimum clearance of 17 feet 4 inches above the roadway and contains lighted elements. The top of each pier has two torchiere-type lights that are approximately 31 feet 6 inches above grade. The energy for all lights related to the sign bridge is provided by the grantee from the property to the south via a conduit under the sidewalk projecting into the public right-of-way perpendicularly to the south pier.
3. To keep and maintain a non-code compliant fixed awning projecting 7 feet into the south, 10-foot wide sidewalk area of West State Street, in excess of the 6 feet allowed under Section 245-7-4 of the Milwaukee Code of Ordinances. Said awning commences at a point approximately 175 feet west of the westline of North 41st Street and extends west 450 feet. The awning is supported on steel tube columns that are located on private property. In addition to projecting in excess of the 6 feet allowed by code, this awning does not comply with several requirements of Section 245-7-6 of the Milwaukee Code of Ordinances.
4. To keep and maintain 120, 27-inch tall, cast metal decorative bollards in the 10-foot wide south sidewalk area of West State Street between a point approximately 500 feet east of North 41st Street and a point approximately 580 feet east of North 45th Street. Said bollards area 10 inches in diameter and are spaced approximately 9 feet apart. The bollards are centered approximately 8 feet 5 inches north of the southline of West State Street.
5. To keep and maintain four cast metal decorative bollards, two adjacent to each of the aforementioned sign bridge piers. The bollards are located between the piers and the curbline to preclude pedestrian movement in that space. These bollards are the same type as in item #4.
6. To keep and maintain six in-ground light fixtures and appurtenant electrical conduit to up-light a monument type sign located on private property east of North 38th Street and the piers to the aforementioned sign bridge.
7. To keep and maintain two benches and a trash receptacle in the north 10-foot wide sidewalk area of West State Street, west of Miller Mall. The total space used is approximately 1 foot 4 inches by 14 feet 6 inches.
8. To keep and maintain the bottom step of a set of concrete steps, with handrails, projecting 1-foot into the north, 10-foot wide sidewalk area of West State Street. Said concrete step is 10 feet 6 inches long and 6 inches tall. The step is centered approximately 185 feet east of the eastline of vacated North 40th 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.
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, MillerCoors 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 $2,190.86. 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: nas
June 25, 2008
080291