Number
070589
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to Pragmatic Construction LLC to construct and maintain two building overhangs; stationary planters; roof eaves with gutters; and sunscreens encroaching in the public right-of-way for the premises at 2800 North Pierce Street, in the 3rd Aldermanic District.
Analysis
This resolution grants a special privilege to Pragmatic Construction LLC to construct and maintain two building overhangs; stationary planters; roof eaves with gutters; and sunscreens encroaching in the public right-of-way for the premises at 2800 North Pierce Street, also known at 702 East Hadley Street.
Body
Whereas, Pragmatic Construction, LLC is in the process of constructing a condominium development and is requesting permission to construct and maintain building overhangs, stationary planters, roof eaves with rain gutters, and sunscreens within 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 Pragmatic Construction, LLC, 255 West Bruce Street, Milwaukee, Wisconsin 53204, is hereby granted the following special privileges:
1. To construct and maintain three stationary planters projecting 2 feet into the north, 15-foot wide sidewalk area of East Hadley Street. Said planters will measure 5 feet 6 inches long and will be centered approximately 40, 60, and 92 feet east of the eastline of North Pierce Street. Said planters will be constructed on top of 4-foot deep footings constructed integral with the building foundation.
2. To construct and maintain two building overhangs projecting 2 feet 6 inches into the north, 15-foot wide sidewalk area of East Hadley Street. The west overhang will commence approximately 29 feet east of the eastline of North Pierce Street and will extend east 41 feet. The east overhang will commence approximately 81 feet east of the eastline of North Pierce Street and will extend east 21 feet. The lowest portion of the building overhangs will be 10 feet above the adjacent sidewalk grade.
3. To construct and maintain two sunscreens projecting 4 feet into the north, 15-foot wide sidewalk area of East Hadley Street, from the faces of the aforementioned building overhangs just below the third floor level. Said west sunscreen will commence approximately 29 feet east of the eastline of North Pierce Street and will extend east 41 feet. Said east sunscreen will commence approximately 81 feet east of the eastline of North Pierce Street and will extend east 21 feet. Said sunscreens will be horizontal and, as such, do not comply with the slope requirements for Fixed Awnings as outlined in Section 245-7-6-d of the Milwaukee Code of Ordinances.
4. To construct and maintain roof eaves with gutters projecting up to 4 feet into the north, 15-foot wide sidewalk area of East Hadley Street. Said west roof eave with gutter will commence approximately 29 feet east of the eastline of North Pierce Street and will extend east 41 feet. Said east roof eave with gutter will commence approximately 81 feet east of the eastline of North Pierce Street and will extend east 21 feet. Said roof eaves with gutters will be a minimum of 30 feet above the adjacent grade. The roof eaves with gutters, as proposed, project beyond the 3 feet allowed under Section 245-4-1 of the Milwaukee Code of Ordinances.
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 it is 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, Pragmatic Construction, 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 $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 $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 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 $1062.13. 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
November 1, 2007
070589