NUMB:
970709
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution to grant a special privilege to Washington Investments Inc., owners of Le Cabaret, to place a covered walk on the west side of South 1st Street at the 813 South 1st Street building entrance, and to grant permission for maintenance of existing concrete steps and excess door swing in the public right-of-way in the 12th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This special privilege grants the applicant permission to place and maintain a covered walk and to maintain existing concrete steps and excess door swing on the west side of South 1st Street, encroaching into the public right-of-way abutting the premises at 813 South 1st Street.
BODY:
Whereas, The applicant desires to place and maintain a covered walk at the main entrance to the premises at 813 South 1st Street; and
Whereas, existing concrete steps and excess door swing were found to encroach into the public right-of-way at this building; and
Whereas, Said covered walk, steps and excess door swing may only legally occupy the public right-of-way by the granting of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Washington Investments, Inc., 811 South 1st Street, Milwaukee, WI 53204 is hereby granted the following special privileges:
1. To erect and maintain a covered walk at 813 South 1st Street. Said covered walk, 5 feet in width, is to be centered approximately 70 feet south of the southline of East National Avenue and shall encroach approximately 6 feet 3 inches into the 9.5-foot wide sidewalk area on the west side of South 1st Street. The covered walk shall be supported by the building at one end and by one vertical support near each corner closest to the curb. Each vertical support will be centered approximately 2 feet from the curbline. There shall be an approximately 5-foot wide opening between the vertical supports, which parallel the curb face. The minimum vertical clearance between the skirt of the covered walk and the sidewalk below shall be 8 feet.
Said covered walk shall generally be constructed in accordance with the policies set forth in Common Council Resolution File Number 62-1211-a, adopted July 24, 1962 except as otherwise indicated in this resolution. The covered walk frame shall be designed and supported to withstand snow and other loads of not less than 25 pounds per square foot and wind pressure of 20 pounds per square foot applied in any direction. No guy wires, brackets or diagonal braces shall be permitted lower than 8 feet above the sidewalk level. The covering shall be of approved material.
All fixtures and materials for illumination of covered walks shall be indicated upon the construction plans and approved prior to installation. No sign or advertising device shall be hung from, attached to, printed or painted on any part of the covered walk. The name, street number, or character of the business may be indicated only on the vertical portion of the covering and shall not exceed 8 inches in height.
Prior to installation, the grantee shall apply for and obtain "Loading Zone" or "No Parking" status adjacent to the proposed covered walk location and maintain this status as long as the covered walk occupies the public right-of-way.
Said covered walk shall be constructed, installed, maintained and used to the approval of the Commissioner of Public Works and the Commissioner of Building Inspection.
Prior to installation, permits shall be obtained from the Commissioners of Public Works and Building Inspection for the covered walk structure itself and from the Commissioner of Public Works to occupy the right-of-way during construction.
2. To keep, use and maintain an existing excess door-swing encroachment of approximately 1.5 feet under the covered walk in item 1 above.
3. To keep and maintain existing concrete steps at 813 South 1st Street. Said steps, approximately 4 feet 8 inches in width, consist of 2 risers and are centered approximately 75 feet south of the southline of East National Avenue. The steps encroach approximately 2 feet 4 inches into the public right-of-way.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Washington Investments, 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 $1,000.00 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 $85.27. 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
September 29, 1997
970709