Number
060423
Version
SUBSTITUTE 1
Reference
051433
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Prospect Medical Commons Condo Association, Inc., and for addition of a raised planter, trench drain, bollards, gas pipe, trash cans, sign and diesel fill box for the premises at 2305 North Prospect Avenue, in the 3rd Aldermanic District.
Analysis
Substitute resolution amending a special privilege for change of ownership to Prospect Medical Commons Condo Association, Inc., and for addition of a raised planter, trench drain, bollards, gas pipe, trash cans, sign and diesel fill box for the premises at 2305 North Prospect Avenue.
Body
Whereas, Columbia St. Mary’s, Inc., constructed the Prospect Medical Commons, Inc., building as part of the development of its expanded medical campus; and
Whereas, Columbia St. Mary’s, Inc., had requested permission to construct several private items in the public right-of-way; and
Whereas, Permission for said items was granted in 2006 under Common Council Resolution File Number 051433; and
Whereas, After the aforementioned special privilege resolution was granted, Columbia St. Mary’s. Inc. requested permission to place a stationary planter, bollards and gas pipe in the public right-of-way; and
Whereas, A site visit revealed the presence of trash cans, additional benches, a door opener mounted on a bollard, diesel fill box and a non-code compliant projecting sign in the public right-of-way; and
Whereas, Said new items may only legally encroach into the public right-of-way by the granting of a special privilege resolution adopted by the Common Council; and
Whereas, Prospect Medical Commons Condo Association, Inc., is now the entity responsible for the subject special privilege items; and
Whereas, For the liability to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File 051433 is hereby rescinded; and, be it
Further Resolved, That Prospect Medical Commons Condo Association, Inc., c/o Amy L. Marquardt, East Lake Towers Corporate Center, 4425 North Port Washington Road, Glendale, Wisconsin 53212 is hereby granted the following special privileges:
1. To construct and maintain a 4-inch wide trench drain in the east, 11-foot wide sidewalk area of North Farwell Avenue. Said trench drain commences at a point approximately 381 feet south of the southerly line of North Maryland Avenue and extends southwesterly for 55 feet.
2. To construct and maintain a stationary, concrete planter in the 22.5-foot wide west sidewalk area of North Maryland Avenue. Said planter, centered at a point approximately 250 feet westerly of the westerly line of North Prospect Avenue, is 5-foot 2-inch long and 5-foot wide and is surrounded by a 6-inch thick concrete wall.
3. To construct and maintain two, 8-inch diameter bollards in the 11-foot wide east sidewalk area of North Farwell Avenue. Said 4-foot tall bollards are centered approximately 396 and 408 feet south of the southline of North Maryland Avenue and 1-foot west of the eastline of North Farwell Avenue.
4. To construct and maintain a door opener for handicapped access attached to a bollard in the west sidewalk area of North Prospect Avenue, which varies in width between 16.72 and 18 feet. Said bollard is centered approximately 220 feet north of the northline of East North Avenue and 4 feet east of the westerly line of North Prospect Avenue.
5. To install and maintain four benches in the west sidewalk area of North Prospect Avenue, which varies in width between 16.72 and 18 feet. Two of said benches, which have a back support, are 2 feet wide and 6 feet long. The remaining two benches do not have a back support and are 1 foot 6 inches wide and 6 feet long.
6. To install and maintain five trash receptacles in the west sidewalk area of North Prospect Avenue, which varies in width between 16.72 and 18 feet. Four of said trash receptacles are 2 feet in diameter. The fifth trash receptacle is 2 feet square.
7. To install and maintain two trash receptacles in the north, 15-foot wide sidewalk area of East North Avenue. The first of said trash receptacles is 2-foot square; the second is 2 feet in diameter.
8. To install and maintain a non-code compliant sign projecting 11 inches into the east, 11-foot wide sidewalk area of North Farwell Avenue. The lowest portion of said 5-foot long sign is only 5 feet 4 inches above the adjacent sidewalk grade, less than the 10-foot minimum required by Section 244-10-2c of the Milwaukee Code of Ordinances.
9. To install and maintain a diesel fill box in the east, 11-foot wide sidewalk area of North Farwell Avenue. Said fill box is used to refill diesel tanks for emergency back-up generators for the facility. The fill box, which is 11 inches wide and 10 inches long, is centered approximately 400 feet south of the southline of North Maryland Avenue. Said fill box is 4 feet above the adjacent sidewalk grade. Up to two bollards will be allowed in the public right-of-way adjacent to said diesel fill box.
10. To keep and maintain two excess door swings which, when fully open, project 2 feet 10 inches into the north 15-foot wide sidewalk area of East North Avenue, in excess of the 12 inches allowed under Section 248-4.8 of the Milwaukee Code of Ordinances. Said doors are centered approximately 204 and 210 feet west of the westline of North Prospect Avenue.
11. To keep and maintain a barrier-free access ramp in the north, 15-foot wide sidewalk area of East North Avenue. Said barrier-free access ramp projects 4 feet 7 inches for a length of 30 feet 10 inches.
12. To keep and maintain two benches in the north 15-foot wide sidewalk area of East North Avenue. Said benches are 2 feet wide and 6 feet long and have a back support. Said benches abut the building.
13. To keep and maintain one single and one double excess door swing projecting into the west, 22-foot 6-inch wide sidewalk area of North Maryland Avenue. The single excess door swing, centered approximately 103 feet north of the westerly line of North Prospect Avenue, projects 2 feet 4 inches into the public way when fully open. The 6-foot wide double door swing, centered approximately 88 feet north of the westerly line of North Prospect Avenue, projects 2 feet 5 inches into the public way when fully open. All of these doors will project more than the 12 inches allowed under Section 245-4.8 of the Milwaukee Code of Ordinances.
14. To keep and maintain a 6-foot wide double excess door swing that, when fully open, projects 1 foot 8 inches into the east, 11-foot wide sidewalk area of North Farwell Avenue. Said doors are centered approximately 464 feet north of the northline of East North Avenue. These doors project more than the 12 inches allowed under Section 245-4.8 of the Milwaukee Code of Ordinances.
15. To keep and maintain a 17-foot long loop detector in the east, 11-foot wide sidewalk area of North Farwell Avenue. Said loop detector is embedded into the sidewalk pavement and is centered approximately 506 feet north of the northline of East North Avenue.
16. To keep and maintain sidewalk pavers in the north, 15-foot wide sidewalk area of East North Avenue; the westerly sidewalk area of North Prospect Avenue, which varies in width between 16.72 and 18 feet; and the west, 22-foot 6-inch wide sidewalk area of North Maryland Avenue. In East North Avenue, the sections of pavers are centered approximately 34, 64, 92, 124, 154, 184, and 214 feet west of the westline of North Prospect Avenue. In North Prospect Avenue, the sections of pavers are centered approximately 64, 98, 138, 174, and 216 feet northeasterly of the northline of East North Avenue, where it intersects the westerly line of North Prospect Avenue. In North Maryland Avenue, the sections of pavers are centered approximately 24, 60, 96, 160, and 184 feet north of the northerly line of North Prospect Avenue where it intersects the westline of North Maryland Avenue. In total, there are 17 sections of pavers, all of which are 6 feet wide measured parallel to the curbline.
17. To keep and maintain an underground technology duct which commencing at a 9-foot square manhole in the North Prospect Avenue sidewalk area centered approximately 124 feet southerly of the westline of North Maryland Avenue, where it intersects the westerly line of North Prospect Avenue, and 14 feet easterly of the westerly line of North Prospect Avenue. Said duct continues in a northeast direction for approximately 66 feet where it turns to the east to cross North Prospect Avenue and ends at a point approximately 68 feet to the east of the turning point at the easterly line of North Prospect Avenue approximately 30 feet southerly from the westline of North Maryland at the point where it intersects the westerly line of North Prospect Avenue. The technology duct has a cross-sectional area greater than 1 square foot but less than 2 square feet.
Said above-mentioned 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, Prospect Medical Commons Condo Association, 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 $10,000 such bond to be approved by the City Attorney. This 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 $40,000 covering property damage to any own 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 cancelled 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 $1,320.53. 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 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 and/or removal for such purposes.
5. 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.
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.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:lja
May 3, 2007
060423
Clerical correction -- jro -- 7/18/07