NUMB:
990632
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution granting a special privilege to Suzy's Cream Cheesecakes, Inc., for a ramped entrance for barrier-free access and for steps to partially encroach in the public rights-of-way adjacent to 5901 West Vliet Street, in the 16th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This substitute resolution grants a special privilege to Suzy's Cream Cheesecakes, Inc., for a concrete ramped entrance for barrier-free access and steps to partially encroach into the public rights-of-way at 5901 West Vliet Street.
BODY:
Whereas, Suzy's Cream Cheesecakes, Inc., occupies the building located at 5901 West Vliet Street, which will be undergoing renovation; and
Whereas, A portion of a concrete ramped entrance for barrier-free access, which is part of the building renovation, is proposed to encroach into the public right-of-way of North 59th Street; and
Whereas, Review of this request revealed that portions of the steps for the new platform at the southwest corner of North 59th Street and West Vliet Street will encroach into the public rights-of-way; and
Whereas, Encroachment of the handicap ramp and steps into the public rights-of-way can only be allowed 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 Suzy's Cream Cheesecakes, Inc., 5901 West Vliet Street, Milwaukee, WI 53208, is hereby granted the following special privileges:
1. To construct and maintain an approximate 15-foot long and 4-foot 2-inch wide concrete ramp with metal handrail on the west side of North 59th Street adjacent to the property known as 5901 West Vliet Street. Said concrete ramp shall begin at a point approximately 23 feet 5 inches south of the southline of West Vliet Street and encroach approximately 1-foot 9-inches into the public sidewalk area. The ramp will terminate at a new platform with steps at the northeast corner of the building.
2. To construct and maintain portions of steps partially within the west sidewalk area of North 59th Street and the south sidewalk area of West Vliet Street, at the southwest corner of North 59th Street and West Vliet Street, abutting the building at 5901 West Vliet Street. Said steps will encroach approximately 2 feet 1 inch into the 15-foot wide west sidewalk area of North 59th Street and approximately 1 foot into the approximately 12-foot wide south sidewalk area of West Vliet Street. A metal handrail is to be located on each side of the steps.
Said handicap ramp and step encroachments shall be constructed, used and/or maintained to the satisfaction of the Commissioners of Public Works and Neighborhood Services/City Development. All required permits shall be procured prior to beginning construction. Said items shall be 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 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, Suzy's Cream Cheesecakes Inc., a Wisconsin corporation, 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 $3,000.00 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 $39.24. 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 Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
September 9, 1999
990632