Number
030432
Version
SUBSTITUTE
Reference
77-1305
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege granted to Bay View Business Association to erect and maintain four signs attached to municipal street light poles, located on South Kinnickinnic Avenue, South Howell Avenue and East Oklahoma Avenue to now grant permission to place and maintain movable planters on South Kinnickinnic Avenue, South Howell Avenue and East Lincoln Avenue, in the 14th Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege granted to Bay View Business Association to erect and maintain four signs attached to municipal street light poles, located on South Kinnickinnic Avenue, South Howell Avenue and East Oklahoma Avenue, to now grant permission to place and maintain movable planters on South Kinnickinnic Avenue, South Howell Avenue and East Lincoln Avenue.
Body
Whereas, Bay View Business Association was granted a special privilege under Common Council Resolution File Number 77-1305, on December 3, 1977, to erect and maintain four signs attached to municipal street light poles, located on South Kinnckinnic Avenue, South Howell Avenue and East Oklahoma Avenue; and
Whereas, The Bay View Business Association had proposed to place and maintain approximately 32 movable planters on sidewalks in the Bay View area, leaving approximately five feet of width for through pedestrians; and
Whereas, After a "walk-through" with Department of Public Works staff, it was determined that only 29 planter locations would be used; and
Whereas, The signs and movable planters may only legally occupy the City of Milwaukee public rights-of-way by the granting of a special privilege; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 77-1305 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Bay View Business Association, 2265 South Howell Avenue, Milwaukee, WI 53207, is hereby granted the following special privileges:
1.To erect and maintain four signs attached to municipal street light poles generally located as follows:
South Kinnickinnic Avenue - North of East Becher Street, facing North
South Kinnickinnic Avenue - North of East Morgan Avenue, facing South
South Howell Avenue - North of West Howard Avenue, facing South
West Oklahoma Avenue - West of South Chase Avenue, facing Southwest
Each sign shall be approximately 30 inches in height and 24 inches in width overall and shall be supported by a non-ferrous metal bracket and attached to municipal street light poles with stainless steel or non-ferrous metal mountings at a height above curb grade as determined by the Commissioner of Public Works.
Said signs shall be constructed, installed and maintained at the expense of the Bay View Business Association and said signs shall be subject to the approval of and installation by the Traffic Engineering and Electrical Services Section.
Each sign shall be maintained to the approval of the Commissioners of Public Works and the Department of Neighborhood Services. The cost of alterations to or the removal of municipal installations or facilities required because of the granting of this special privilege shall be borne by the applicant.
2. To place and maintain twenty-nine 36-inch long, 18-inch wide movable planters with a height of 25 inches, providing at least 5 feet of width for through pedestrians, within the public sidewalk areas as follows: (measurements to the middle of planter and planters are to be approximately 4 inches from buildings)
On the east sidewalk of South Kinnickinnic Avenue as follows:
Planter 1: Approximately 23 feet south of East Ward Street (2204 S. Kinnickinnic)
Planter 2: Approximately 77.5 feet south of East Ward Street (2210 S. Kinnickinnic)
Planter 3: Approximately 135 feet south of East Ward Street (2216 S. Kinnickinnic)
Planter 4: Approximately 249 feet south of East Ward Street (2230 S. Kinnickinnic)
Planter 5: Approximately 289 feet south of East Ward Street (2234 S. Kinnickinnic)
Planter 6: Approximately 335.5 feet south of East Ward Street (2242 S. Kinnickinnic)
Planter 7: Approximately 400.5 feet south of East Ward Street (2250 S. Kinnickinnic)
Planter 8: Approximately 472.5 feet south of East Ward Street (2258 S. Kinnickinnic)
Planter 9: Approximately 577.6 feet south of East Ward Street (2268 S. Kinnickinnic)
Planter 25: Approximately 55.5 feet south of East Lincoln Avenue
Planter 26: Approximately 153 feet south of East Lincoln Avenue
On the west sidewalk of South Kinnickinnic Avenue as follows:
Planter 10: Approximately 29.5 feet south of East Ward Street (2201 S. Kinnickinnic)
Planter 11: Approximately 107 feet south of East Ward Street (2215 S. Kinnickinnic)
Planter 12: Approximately 148 feet south of East Ward Street (2217 S. Kinnickinnic)
Planter 13: Approximately 198.5 feet south of East Ward Street (2225 S. Kinnickinnic)
Planter 14: Approximately 269 feet south of East Ward Street (2235 S. Kinnickinnic)
Planter 15: Approximately 315 feet south of East Ward Street (2241 S. Kinnickinnic
Planter 27: Approximately 66 feet south of East Lincoln Avenue
Planter 28: Approximately 197 feet south of East Lincoln Avenue
On the west sidewalk of South Howell Avenue as follows:
Planter 16: Approximately 6.5 feet south of South Kinnickinnic Avenue (2255 S. Howell)
Planter 17: Approximately 91 feet south of South Kinnickinnic Avenue (2265 S. Howell)
Planter 18: Approximately 141 feet south of South Kinnickinnic Avenue (2273 S. Howell)
Planter 29: Approximately 24 feet south of East Lincoln Avenue
On the east sidewalk of South Howell Avenue as follows:
Planter 19: Approximately 19.39 feet south of East Lincoln Avenue (Side of 405 E. Lincoln)
On the south sidewalk of East Lincoln Avenue as follows:
Planter 21: Approximately 24.5 feet east of South Howell Avenue (405 E. Lincoln)
Planter 22: Approximately 73.5 feet east of South Howell Avenue (405 E. Lincoln)
Planter 25: Approximately 38 feet east of South Kinnickinnic Avenue (Side of 2306 S. Kinnickinnic)
On the east sidewalk of South Allis Street as follows:
Planter 23: Approximately 17.5 feet north of East Lincoln Avenue and approximately 62 inches from curb (Side of 442 E. Lincoln)
On the north sidewalk of East Lincoln Avenue as follows:
Planter 24: Approximately 31 feet east of South Allis Street and 32 inches from the curb (442 E. Lincoln); and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Bay View Business Association, 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. 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 $250,000 covering bodily injury to any one person and $500,000 covering bodily injury to more than one person in any one accident and $100,000 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 $540.00. 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
JJM:cjt
September 10, 2003
030432