Number
030578
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Caswell Investments to construct and maintain a ramp platform, movable planters, excess door swings, and an exhaust duct in the public rights-of-way for the premises at 152 West Wisconsin Avenue, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to Caswell Investments for a barrier-free access ramp with handrail, for a platform with handrail, for twelve movable planters and for a kitchen fan exhaust duct to encroach into the public rights-of-way, for the building at 152 West Wisconsin Avenue, at the premises known as 142 West Wisconsin Avenue and 717 North Plankinton Avenue.
Body
Whereas, One of Caswell Investments' tenants is desirous to have a ramped entrance to provide for barrier-free access to their premises at 142 West Wisconsin Avenue and in order to do this, the ramp must encroach into the public right-of-way on the west side of North Plankinton Avenue and the north side of West Wisconsin Avenue; and
Whereas, A site visit revealed the presence of a concrete platform with handrails within the public right-of-way of North Plankinton Avenue, being their emergency exit; and
Whereas, A site visit also revealed the presence of a square kitchen fan exhaust duct protruding out of the building, up through the top of the fixed awning and ending approximately two feet above the top of the fixed awning at the premises known as 717 North Plankinton Avenue; and
Whereas, It has been observed that the applicant also maintains twelve movable planters adjacent to its premises at 152 West Wisconsin Avenue and, when asked if the tenant will continue to keep and maintain planters within the public right-of-way in the future, the applicant said that they would; and
Whereas, Said items may only legally occupy the public rights-of-way 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 Caswell Investments, 152 West Wisconsin Avenue, Room 404, Milwaukee, Wisconsin 53203 is hereby granted the following special privileges:
1. To keep, use and maintain a barrier-free access ramp with steel handrail centered approximately 1 foot, 6 inches west of the westline of North Plankinton Avenue and 1 foot, 1 inch south of the northline of West Wisconsin Avenue. The ramp projects approximately 5 feet into the public right-of-way of West Wisconsin Avenue for a length of 13 feet 6 inches. The ramp also projects approximately 2 feet into the public right-of-way of North Plankinton Avenue for a length of approximately 12 feet. One set of double doors, with a total width of six feet, projects over the ramp, with one not into the right-of-way and the other less than 12 inches so they are code compliant.
2. To keep, use and maintain a concrete platform with steel handrails, 6 inches tall, 5 feet 11 inches wide and projecting approximately 3 feet 10 inches into the public way of North Plankinton Avenue. A 3-foot wide door projects over said platform. Said platform and door are centered approximately 44 feet north of the northline of West Wisconsin Avenue and 2 feet 4 inches east of the westline of North Plankinton Avenue. The door is allowed to remain in place.
3. To keep, use, and maintain an exhaust fan duct, approximately one foot 6 inches square, centered approximately 70 feet north of the northline of West Wisconsin Avenue and 2 feet east of the westline of North Plankinton Avenue. Said exhaust duct exits the building under a fixed awning at an elevation approximately 6 inches above the bottom of the awning skirt; it then protrudes vertically through the top of the awning approximately 2 feet. The portion of the duct that protrudes through the top of the awning shall be painted so that it blends with the color of the awning.
4. To keep, use, and maintain twelve moveable planters of various sizes centered on and around the aforementioned barrier-free access ramp and concrete platform. Planters shall be positioned such that there is a minimum 10-foot clear width for pedestrian travel in the 16-foot 6-inch wide, fully concrete paved, north sidewalk area of West Wisconsin Avenue and 6 -foot clear width in the 15-foot, fully concrete paved, west sidewalk area of North Plankinton Avenue.
Said items shall be used and maintained to the satisfaction of the Departments of Public Works and Neighborhood Services. 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 said Departments. All required permits shall have been obtained for the construction and placement of said items; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Caswell Investments, 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 surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $8,000 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 $150,000 covering bodily injury to any one person and $300,000 covering bodily injury to more than one person in any one accident and $60,000 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 $386.19. 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 no 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 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
MDL:lja
January 5, 2005
030578