Number
020386
Version
SUBSTITUTE
Reference
60-3765
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege granted to the Bermer Corporation to construct and maintain a backup driveway, to now construct and maintain a decorative platform with steps encroaching into the public way at 301-09 North Water Street and change the name of the grantee of the special privilege to Water Street Lofts, LLC, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege granted to the Bermer Corporation to construct and maintain a backup driveway encroaching into the public way to now grant permission for a decorative platform with steps encroaching into the public right-of-way on the north side of East Buffalo Street at 301-09 North Water Street, and to change the name of the grantee of the special privilege to Water Street Lofts, LLC.
Body
Whereas, Common Council Resolution File Number 60-3765, adopted on March 6, 1961, granted permission to Bermer Corporation for a backup driveway to be placed between the curb and the lot line on the north side of East Buffalo Street, at 301-09 North Water Street; and
Whereas, The current applicant and owner, Water Street Lofts LLC, now wishes to construct a decorative platform with steps that will encroach approximately 7 feet into the 15-foot wide public sidewalk area on the north side of East Buffalo Street, adjacent to the premises at 301-09 North Water Street; and
Whereas, The proposed stairs and landing structure and existing backup driveway may only encroach into the public right-of-way by the granting of a special privilege by the Common Council; and
Whereas, The current owner of the property is Water Street Lofts, LLC and should be named as grantee of the special privilege; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 60-3765 is hereby rescinded; and
Further Resolved, By the Common Council of the City of Milwaukee that Water Street Lofts, LLC, 260 Regency Court, Suite 105, Brookfield, WI 53045 is hereby granted the following special privileges:
1. To construct, use and maintain a decorative platform with steps that will encroach approximately 7 feet into the 15-foot wide public sidewalk area on the north side of East Buffalo Street, adjacent to 301-09 North Water Street. The platform, which is approximately 11.33 feet long, 7 feet wide and approximately 4 feet 9 inches above grade is centered approximately 61 feet west of the westline of North Water Street. The steps project approximately 5 feet for the length of approximately 8.5 feet, including the railings, extending east from the platform. The structure consists of concrete, stone, metal deck and cast iron railing around the perimeter.
2. To keep, use and maintain an existing 10-foot wide driveway between the curb and lot line on the north side of East Buffalo Street for the purpose of using the sidewalk area for loading and unloading purposes. The driveway is located approximately 70 feet west of the westline of North Water Street and serves the building located at 301-09 North Water Street.
Said platform/step encroachments and driveway shall be constructed, used and maintained to the approval of the Departments of Public Works and Neighborhood Services and all necessary permits shall be procured from the Departments of Public Works and City Development. No alteration or replacement of any item may be made without the written approval of these Departments
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Water Street Lofts, 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 $8,000.00 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 on 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 $1,638.16. 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 66.0915(3) 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 seed, by resolution, revocation of said special privilege.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
JJM:dle
December 5, 2002
020386