NUMB:
981012
VERS:
SUBSTITUTE
REF:
891671
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Day Care Services for Children, Inc. to keep and maintain a fence and a door swing projection that encroach into the public rights-of-way adjacent to the building located at 2812 West Fairmount Avenue, to now grant permission to install and maintain a building facade encroaching into the public rights-of-way of West Fairmount Avenue and North 28th Street at the same location, in the 1st Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution amends a special privilege granted to Day Care Services for Children, Inc. to keep and maintain a fence and a door swing that project into the public rights-of-way at the building located at 2812 West Fairmount Avenue, to now grant permission to install and maintain a building facade encroaching into the public rights-of-way of West Fairmount Avenue and North 28th Street at the same location.
BODY:
Whereas, Day Care Services for Children, Inc. was granted a special privilege under Common Council Resolution File Number 891671, on February 27, 1990, to keep and maintain a fence and a door swing projection, which is in excess of the 12 inches allowable under Section 245-4-8 of the Milwaukee Code of Ordinances, projecting into the public rights-of-way adjacent to the building located at 2812 West Fairmount Avenue; and
Whereas, Day Care Services now wishes to install and maintain a metal building facade on the building which will encroach 3 1/2 inches and 4 inches into the two public rights-of-way adjacent to the building (North 28th Street and West Fairmount Avenue, respectively); and
Whereas, The metal building facade, fence and door swing projection may only occupy the public rights-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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 891671 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Day Care Services for Children, Inc., 4221 North 35th Street, P. O. Box 16559, Milwaukee, WI 53216, is hereby granted the following special privileges:
1. To keep and maintain a fence within the public right-of-way of North Teutonia Avenue described as follows: commencing at a point approximately 1.5 feet north of the northline of West Fairmount Avenue, extending west and parallel to said northline approximately 19 feet to a point; then extending northwesterly and parallel to the centerline of North Teutonia Avenue approximately 125 feet to a point; then extending east approximately 64 feet to a point on the eastline of North Teutonia Avenue approximately 7 feet south of the southline of the east-west alley in the block bounded by West Fairmount Avenue, North Teutonia Avenue and North 28th Street. The fence parallel to the centerline of North Teutonia Avenue is to be located approximately 3 feet easterly from the 5-foot wide sidewalk on the east side of North Teutonia Avenue. A box-out type jog shall be provided around the existing manhole within North Teutonia Avenue approximately 80 feet north of West Fairmount Avenue. No vehicles shall be parked within the fenced in area described. The area contained within the fence described above shall be used in a manner consistent with the appropriate City of Milwaukee and State of Wisconsin codes and requirements related to day care centers. Age appropriate playground equipment such as, but not limited to, swings, slides, climbing equipment and a sand box shall be installed within the area described above.
2. To keep and maintain an existing 40-inch wide service door to be used as an additional emergency exit that when fully open exceeds the maximum 12-inch encroachment allowed under Section 245-4-8 of the Milwaukee Code of Ordinances. Said door is centered approximately 92 feet north of the northline of West Fairmount Avenue. Two 3-foot wide concrete steps are located below the door, which extend approximately 14 inches into the right-of-way.
3. To install and maintain a metal building facade on the east and south sides of the building which encroach greater than the 1 3/4 inches allowed under Section 245-4-19 of the Milwaukee Code of Ordinances. The metal building facade on the east face of the building encroaches approximately 3 1/2 inches into the right-of-way on the west side of North 28th Street, beginning at approximately the northline of West Fairmount Avenue and extending north for a distance of approximately 115 feet. The metal building facade on the south face of the building encroaches approximately 4 inches into the right-of-way on the north side of West Fairmount Avenue, beginning at approximately the westline of North 28th Street and extending west for a distance of approximately 10 feet.
The fence with the equipment contained therein, the door and the building facade shall be installed/placed/used to the satisfaction and approval of the Commissioners of Public Works, Building Inspection and Health. The fenced-in area shall also be used to the approval of agents of the State of Wisconsin as it relates to the operation of a day care center. Grantee shall obtain all necessary permits from the Commissioners of Public Works and Building Inspection for installation of the building facade.
Said items shall be removed from the public rights-of-way, at such future time that they are no longer needed, to the satisfaction of the Commissioners of Public Works and Building Inspection;
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Day Care Services for Children, Inc., 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 $25,000 covering bodily injury to any one person and $50,000 covering bodily injury to more than one person in any one accident and $10,000 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 $1,669.85. 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 Building Inspection shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
December 3, 1998
981012