Number
991711
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to New Land Enterprises for construction and maintenance of a portion of stairs with railing and several low retaining walls and steps, all of which encroach into the public right-of-way adjacent to the premises at 1888 North Water Street, in the 3rd Aldermanic District in the City of Milwaukee.
Analysis
Substitute resolution granting a special privilege to New Land Enterprises for construction and maintenance of a portion of stairs with railing and several low retaining walls and steps, all of which encroach into the public right-of-way adjacent to the premises at 1888 North Water Street.
Body
Whereas, The applicant is required to provide public access from a pedestrian way at vacated North Astor Street down to North Water Street adjacent to 1888 North Water Street; and
Whereas, This access will be provided by stairs within the vacated area of North Astor Street, which will extend down to North Water Street; and
Whereas, A portion of the concrete stairs and a handrail will extend into the public right-of-way on the southerly side of North Water Street, at this location; and
Whereas, Subsequently, after the original request was made, it was observed that the sidewalk area along this development had been regraded and a public sidewalk was constructed at an elevation contrary to the established sidewalk grades; and
Whereas, A series of meetings took place, including at least one at the development site, to seek a viable solution to serve the through pedestrians as well as the ultimate residents of the development; and
Whereas, A plan was developed that requires a series of low longitudinal retaining walls and tranverse steps to be constructed in the public right-of-way between the curb and the public sidewalk; and
Whereas, These walks and steps would be constructed by the developer, at no cost to the City, in accord with the special privilege procedure; and
Whereas, All of these items may only be allowed to be located within the public right-of-way through the adoption of a special privilege resolution by the Common Council, now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that New Land Enterprises, 2010 East Windsor Place, Unit C, Milwaukee, WI 53202, is hereby granted the following special privileges:
1 To construct, use and maintain a portion of concrete steps, with a handrail at the center of the steps, which encroach between 3 feet 6 inches and 5 feet into the public right-of-way on the southerly side of North Water Street, at the stub end of vacated North Astor Street, adjacent to 1888 North Water Street. The steps begin at a point approximately 323 feet westerly of the westline of North Humboldt Avenue and extend westerly approximately 21 feet. The handrail shall not extend beyond the range of the bottom riser. Two other handrails that are being provided, one on each side, are to be located along the stairs and then wrap around and along this installation's retaining walls. They are not to encroach.
2. To construct, use and maintain a series of 8-inch thick longitudinal low retaining walls extending southerly from a point approximately 407 feet westerly of the westline of North Humboldt Avenue for a total distance of approximately 311 feet. These six walls are separated by 3-foot wide stairways except at the main entrance where there is a 24-foot wide opening. The lengths of the walls are all different and the lengths are dictated by the intent to have the height of the wall, on the roadway side, to be approximately 2 feet. Handrails are to be provided along each side of the stairways with an additional one down the center of the 24-foot wide opening; however, none of them shall extend beyond the plane of the bottom riser or into the main public sidewalk.
Said stairs and handrails shall be constructed, used and maintained to the satisfaction of the Departments of Public Works and Neighborhood Services/City Development. All necessary permits shall be obtained from the Departments of Public Works and City Development prior to construction. Said items shall be removed from the public right-of-way at such future time that they are no longer needed, to the satisfaction of the Departments of Public Works and 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, New Land Enterprises 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 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 $100,000 covering bodily injury to any one person and $200,000 covering bodily injury to more than one person in any one accident and $50,000 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 $1,123.85. 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 66.045 of the Wisconsin Statutes (1979), 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.
Drafter
Infrastructure Services Division
JJM:cjt
June 25, 2000
991711