Number
121296
Version
SUBSTITUTE 1
Reference
Sponsor
Title
Substitute resolution granting a special privilege to Joseph and Michelle Deutsch to construct and maintain a barrier free access ramp, two sets of steps and an elevated trap door in the public right-of-way for the premises at 832 East Meinecke Avenue, in the 3rd Aldermanic District.
Analysis
This resolution grants a special privilege to Joseph and Michelle Deutsch to construct and maintain a barrier free access ramp, steps and elevated trap door in the public right-of-way for the premises at 832 East Meinecke Avenue.
Body
Whereas, The applicant is requesting permission to construct and maintain a barrier free access ramp; and
Whereas, A site visit revealed the presence of two sets of concrete steps and an elevated trap door in the public right-of-way; and
Whereas, Said items may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Joseph and Michelle Deutsch, 10802 North Cedarburg Road, Mequon, WI 53092 is hereby granted the following special privileges:
1. To construct and maintain a barrier free access ramp with handrail projecting 10 inches into the north, 12-foot wide sidewalk area of East Meinecke Avenue. Said barrier free access ramp commences at a point approximately 28 feet west of the westline of North Bremen Street and extends west 12 feet 6 inches. The top of the ramp is 7 inches above the adjacent sidewalk grade.
2. To construct and maintain a set of concrete steps with handrails located at the intersection of the East Meinecke Avenue and North Bremen Street. A triangular portion of said steps projects 4 feet into the public right of way for a distance of 3 feet 4 inches. Total area of that portion of said steps that is in the public right-of-way is 6.6 square feet.
3. To construct and maintain a set of concrete steps projecting 3 feet into the west, 15-foot wide sidewalk area of North Bremen Street. Said steps, which are centered approximately 39 feet north of the northline of East Meinecke Avenue, is 3 feet 10 inches long.
4. To construct and maintain an elevated trap door projecting 2 feet 8 inches into the west, 15-foot wide sidewalk area of North Bremen Street. Said trap door, which is centered approximately 31 feet north of the northline of East Meinecke Avenue, is 4 feet 8 inches long. The trap door is angled such that the west edge of the door is elevated approximately 8 inches above the adjacent sidewalk grade, while the east edge of the door is flush with the adjacent sidewalk.
Said items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said items shall be maintained or 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 Department of 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, Joseph and Michelle Deutsch, shall:
- Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
- File with the Commissioner of Public Works 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. The insurance policy shall provide that it shall not be cancelled until after at least thirty days' notice in writing to the Commissioner of Public Works.
- Pay to the City Treasurer an annual fee, which has an initial amount of $47.51. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
- 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 and 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 or removal for such purposes.
- 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.
- 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.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:clm
September 20, 2013