Number
990664
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to Scaife Day Care LLC for excess door-swing projections, a concrete ramped entrance for barrier-free access, a concrete shelf and movable planters to encroach into the public rights-of-way adjacent to the building at 531 East Burleigh Street, in the 3rd Aldermanic District in the City of Milwaukee.
Analysis
This special privilege grants Scaife Day Care LLC permission to install and maintain two excess door-swing projections and a concrete ramped entrance for barrier-free access, a concrete shelf and moveable planters encroaching into the public rights-of-way of North Booth Street and East Burleigh Street adjacent to the building at 531 East Burleigh Street.
Body
Whereas, Scaife Day Care LLC is desirous to construct a concrete ramped entrance to provide for barrier-free access to the building at 531 East Burleigh Street, that is being renovated, and in order to do this, the ramp is proposed to encroach into the public right-of-way on the west side of North Booth Street; and
Whereas, One set of double-doors and two single doors will be created/installed such that when fully opened, encroach into the public right-of-way of North Booth Street by more than the 12-inches allowable by Section 245-4-8 of the Code of Ordinances; and
Whereas, Three existing wooden planters that are located within the abutting rights-of-way as well as a concrete "shelf" are to remain in the rights-of-way; and
Whereas, Said encroachments can only be allowed 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 Scaife Day Care LLC, 531 East Burleigh Street, Milwaukee, WI 53212, is hereby granted the following special privileges:
1. To keep, use and maintain an approximate 11-foot long and 4.5-foot wide concrete ramp with platform on the west side of North Booth Street adjacent to the property known as 531 East Burleigh Street. Said concrete platform shall begin at a point approximately 32 feet south of the southline of East Burleigh Street and extend south and encroach approximately 4.5 feet into the public sidewalk area. The platform is approximately 5 inches in height.
2. To keep, use and maintain four doors, consisting of two single doors and one set of double doors, at the building known as 531 East Burleigh Street that, when fully opened, will project into the public right-of-way in excess of the 12-inch maximum distance permissible under Section 245-4-8 of the Milwaukee Code of Ordinances. The doors, located on the west side of North Booth Street, are centered approximately 35 feet and 73 feet for the single doors and 113 feet, for the double doors, south of the southline of East Burleigh Street, and their maximum encroachment is approximately 3 feet into the 15-foot wide sidewalk area.
3. To keep, use and maintain three 2.5-foot square, 2.5-foot high, wood moveable planters placed abutting the building on East Burleigh and North Booth Streets located respectively, as follows: 25 feet west of the westline of North Booth Street; 3 and 33 feet south of the southline of East Burleigh Street.
4. To keep and maintain a 12-inch high, 10-foot long, 12-inch wide "shelf" of concrete centered approximately 104 feet south of the southline of East Burleigh Street on the west side of North Booth Street abutting the building at 531 East Burleigh Street.
Said doors, planters, "shelf" and concrete platform with ramp shall be constructed, used and maintained to the approval of the Departments of Public Works and Neighborhood Services/City Development. All applicable permits shall be obtained by the grantee prior to the installation of the doors, platform with ramp. Said items shall be removed from the public right-of-way at such future time that they are no longer needed, to the satisfaction of the Commissioners of Public Works and 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, Scaife Day Care 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 $2,000.00 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 $146.62. 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 66.0425 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
JJM:cjt
March 28, 2003
990664