Number
061204
Version
SUBSTITUTE 1
Reference
020352
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Lokre Preferred Broadway, LLC, Rockhar Broadway, LLC and Tierra Broadway, LLC for moveable planters, a trash receptacle, metal stairs, benches and excess door swings to encroach in the public right-of-way for the premises at 241 North Broadway, in the 4th Aldermanic District.
Analysis
Substitute resolution amending a special privilege for change of ownership to Lokre Preferred Broadway, LLC, Rockhar Broadway, LLC and Tierra Broadway, LLC for moveable planters, a trash receptacle, metal stairs, benches and excess door swings to encroach in the public right-of-way for the premises at 241 North Broadway.
Body
Whereas, Loft Quest, LLC requested permission to place and maintain moveable planters, benches, a trash receptacle, double excess door swings, hanging flower baskets, a metal stairway and rubber mats within the public right-of-way; and
Whereas, Permission for said items was granted in 2002 under Common Council File Number 020352; and
Whereas, Lokre Preferred Broadway, LLC, Rockhar Broadway, LLC and Tierra Broadway, LLC now own the property jointly; and
Whereas, The current owners’ representative called notifying the Department of Public Works that the hanging flower baskets and rubber mats had been removed from the public right-of-way; and
Whereas, Site visits confirmed the removal of said hanging flower baskets and rubber mats from the pubic right-of-way; and
Whereas, For the liability to be formally transferred to the current property owners, 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Resolved, By the Common Council of the City of Milwaukee, that Common Council File Number 020352 is hereby rescinded; and, be it
Further Resolved, That Lokre Preferred Broadway, LLC, Rockhar Broadway, LLC and Tierra Broadway, LLC, PO Box 215, Plover, Wisconsin 54467, are hereby granted the following special privileges:
1. To keep and maintain four moveable planters in the west, 20-foot wide sidewalk area of North Broadway abutting the building known as 241 North Broadway. Said planters are made of metal and measure 2 feet in diameter and 2 feet in height.
2. To keep and maintain two benches in the west, 20-foot wide sidewalk area of North Broadway and two benches in the south, 15-foot wide sidewalk area of East Buffalo Street. All four benches abut the building at 241 North Broadway and are located in the vicinity of the intersection of the westline of North Broadway and the southline of East Buffalo Street. Said benches are all 6 feet 4 inches long and 2 feet wide with metal ends and wood slats for seat and back.
3. To keep and maintain a 2 foot diameter, 3-foot 10-inch tall trash receptacle in the west, 20-foot wide sidewalk area of North Broadway abutting the building at 241 North Broadway. Said trash receptacle is centered approximately 45 feet south of the southline of East Buffalo Street.
4. To keep and maintain three sets of double doors comprised of 42-inch wide doors that, when fully open, project 2 feet 4 inches into the west, 20-foot wide sidewalk area of North Broadway. Said double doors are centered approximately 47, 55 and 107 feet south of the southline of East Buffalo Street. Said doors project into the public right-of-way in excess of the 12 inches allowed under Section 245-4-8 of the Milwaukee Code of Ordinances.
5. To keep and maintain a 6-foot 4-inch long metal stairway projecting 2 feet into the south, 15-foot wide sidewalk area of East Buffalo Street. Said stairway is centered approximately 78 feet west of the westline of North Broadway.
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 grantees, Lokre Preferred Broadway, LLC, Rockhar Broadway, LLC and Tierra Broadway, 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 $1,000 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 $50,000 covering bodily injury to any one person and $100,000 covering bodily injury to more than one person in any one accident and $20,000 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 $410.44. 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
February 6, 2007
061204