Number
010153
Version
SUBSTITUTE
REFERENCE
83-1838-a
SPONSOR
THE CHAIR
Title
Substitute resolution amending a special privilege granted to McGeoch Building LLC to keep and maintain three metal tree grates and guards, three sets of concrete risers and a covered walk in the public right-of-way adjacent to their property located at 322 East Michigan Street, to now delete reference to the covered walk and grant permission for two stainless steel brackets to be placed beneath a marquee in the public right-of-way, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
Substitute resolution amending a special privilege to McGeoch Building LLC to maintain three metal tree grates and guards, three sets of concrete risers and a covered walk in the public right-of-way on the north side of East Michigan Street adjacent to the building known as 322 East Michigan Street, to now delete reference to the covered walk and grant permission for two stainless steel brackets to be placed beneath a marquee in the public right-of-way.
Body
Whereas, McGeoch Building LLC was granted a special privilege under Common Council Resolution File Number 980665, adopted on November 24, 1998, to keep and maintain three metal tree grates and guards, three sets of concrete risers and a covered walk in the public right-of-way; and
Whereas, The covered walk has been removed and replaced by a marquee extending over the sidewalk, beneath which two stainless steel brackets are to be attached, which extend into the public right-of-way adjacent to the building; and
Whereas, Placement of the tree grates and guards, concrete risers and stainless steel brackets in the public right-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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 980665 is hereby rescinded; and, be it
Further Resolved, By the Common Council of Milwaukee that McGeoch Building LLC, 322 East Michigan Street, Milwaukee, WI 53202, is hereby granted the following special privileges:
1. To keep and maintain three metal tree grates and guards with concrete headers in the 12-foot wide, fully concrete paved public sidewalk area on the north side of East Michigan Street, adjacent to the premises known as 322 East Michigan Street. The 5.0-foot diameter metal tree grates are centered on a line approximately 8.6 feet south of the northline of East Michigan Street, at distances of approximately 34, 73 and 113 feet west of the westline of North Milwaukee Street. Said grates are and shall be flush with the surrounding abutting sidewalk.
The tree grates shall be designed such that they can sustain a live load of 250-pounds per square foot and such that the openings in the grating do not exceed ¾ inch in the direction of travel. There are tree guards that surround the trees forming a protective open-web column approximately 6.0-feet in height and 1.5 feet in diameter.
2. To keep and maintain three sets of concrete risers with handrails encroaching into the north 12-foot wide fully paved public sidewalk area adjacent to the premises known as 322 East Michigan Street, as follows:
Two 8.5-foot long concrete risers with a handrail projecting 1.5 feet into the sidewalk area, centered at a distance of approximately 26 feet west of the westline of North Milwaukee Street.
Two 8.5-foot long concrete risers with a handrail projecting 1.5 feet into the sidewalk area, centered at a distance of approximately 64 feet west of the westline of North Milwaukee Street.
Three 9-foot long concrete risers with a handrail projecting 2.5 feet into the sidewalk area, centered at a distance of approximately 103 feet west of the westline of North Milwaukee Street.
3. To install and maintain two stainless steel brackets below a marquee at the entrance to the building at 322 East Michigan Street. The triangular shaped brackets are at the corner of the marquee and the building on each side of the marquee and extend approximately 4 feet 3 ½ inches into the public right-of-way, with a clear height of 7 feet 8 inches above the sidewalk at the face of the building.
All installations made pursuant to this special privilege shall be designed and maintained to the approval of the Commissioner of Public Works and the Commissioner of Neighborhood Services.
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, McGeoch Building 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 $4,000.00 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 $133.94. 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 66.0915(3) 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
June 25, 2001
010153