Number
990004
Version
SUBSTITUTE 3
Reference
910663
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege granted to keep, use and maintain two movable sidewalk planters, two security cameras and a backup driveway serving two overhead doors within the public rights-of-way at 302 North Jackson Street, to now delete permission for the two planters, to change the name of the grantee to Planned Parenthood of WI, Inc., to keep, use and maintain the existing cameras and driveway, and to add permission to keep and maintain two dumpsters and one additional camera, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This substitute resolution amends a special privilege granted to keep, use and maintain two movable sidewalk planters, two security cameras and a backup driveway serving two overhead doors within the public rights-of-way at 302 North Jackson Street, to now delete permission for the two planters, to change the name of the grantee to Planned Parenthood of WI, Inc., to keep, use and maintain the existing cameras and driveway, and to add permission to keep and maintain two dumpsters and also add permission for one additional camera.
Body
Whereas, A special privilege was granted under Common Council Resolution File Number 910663, on August 2, 1991, to keep, use and maintain two sidewalk planters, two security cameras and a backup driveway serving two overhead doors at the building located at 302 North Jackson Street; and
Whereas, The planters have been removed and are not going to be replaced; and
Whereas, The current request is to be granted permission to keep and maintain two dumpsters on the north sidewalk area of East Buffalo Street adjacent to the building; and
Whereas, It appears that these dumpsters have been located in the public right-of-way at least since 1991, when the resolution was last amended, an apparent inadvertent omission; and
Whereas, During the Public Improvements Committee meeting of February 14, 2001 at which Substitute Number 1 was being heard, the security manager for Planned Parenthood spoke and indicated that three additional cameras had been placed thereby making a total of five cameras, which the Department of Public Works (DPW) representative and the Committee believed to be located in the public rights-of-way; and
Whereas, A motion was adopted to include five cameras within the public rights-of-way; and
Whereas, In order to prepare a subsequent substitute resolution, a field viewing was conducted by DPW staff and what was observed was that two of the five cameras, although attached to their building, are not located within the public rights-of-way and additionally the camera that had been located approximately 27 feet north of the northline of East Buffalo Street had been removed, with a different style now located at the southwest corner of the building to provide full rotational and tilt capabilities for both East Buffalo and North Jackson Streets sidewalk areas abutting the building; and
Whereas, Said security cameras, backup driveway and dumpsters may only legally occupy the public rights-of-way by the granting of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 910663 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Planned Parenthood of WI, Inc., 302 North Jackson Street, Milwaukee, WI 53202, is hereby granted the following special privileges:
1. To keep, maintain and use a security camera attached to the building at 302 North Jackson Street at a height approximately 13 feet above the sidewalk encroaching into both East Buffalo and North Jackson Streets approximately 1.5 feet, at the diagonal between the northline of East Buffalo Street, extended, and the eastline of North Jackson Street, extended.
2. To keep, maintain and use a security camera attached to the building at 302 North Jackson Street at a height approximately 15 feet above the sidewalk encroaching approximately 1.5 feet into East Buffalo Street, at a point approximately 90.5 feet east of the eastline of North Jackson Street.
3. To keep, maintain and use a security camera attached to the building at 302 North Jackson Street at a height approximately 15 feet above the sidewalk encroaching approximately 1.5 feet into North Jackson Street, at a point approximately 101 feet north of the northline of East Buffalo Street.
4. To keep, use and maintain in the public right-of-way an existing "backup driveway" in conjunction with loading/unloading activities at 2 eight-foot wide loading dock doors on the north side of East Buffalo Street, centered approximately 70 feet east of the eastline of North Jackson Street, for the building at 302 North Jackson Street.
5. To keep, maintain and use two 3-foot 6-inch wide, 5-foot long, 4-foot 3-inch high dumpsters in the 15-foot wide fully concrete paved sidewalk area on the north side of East Buffalo Street, approximately 65 feet east of the eastline of North Jackson Street. Said security cameras and backup driveway shall be kept, used and maintained to the approval of the Departments of Public Works and Neighborhood Services. The dumpsters shall be used and maintained to the satisfaction of the Departments of Health, Public Works and Neighborhood Services. All necessary permits shall be obtained from the Commissioners of Public Works and City Development for placement of these items in the City of Milwaukee public right-of-way;
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege, Planned Parenthood of WI, Inc., 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 $1,000.00 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 $866.74. 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 seek, by resolution, revocation of said special privilege.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
JJM:cjt
February 22, 2001
990004
SUB.3
CITY OF MILWAUKEE FISCAL NOTE CC-170 (REV. 6/86)
Ref: GEN\FISCALNT.MST
A) DATE: February 22, 2001 FILE NUMBER: 990004
Original Fiscal Note ý Substitute o
SUBJECT: Substitute resolution amending a special privilege granted to keep, use and maintain two movable sidewalk planters, two security cameras and a backup driveway serving two overhead doors within the public rights-of-way at 302 North Jackson Street, to now delete permission for the two planters, to change the name of the grantee to Planned Parenthood of WI, Inc., to keep, use and maintain the existing cameras and driveway, and to add permission to keep and maintain two dumpsters.
B) SUBMITTED BY Jeffrey S. Polenske, P.E./ City Engineer/Infrastructure Services Division/2400
C) CHECK ONE: ¨ ADOPTION OF THIS FILE AUTHORIZES EXPENDITURES. o ADOPTION OF THIS FILE DOES NOT AUTHORIZE EXPENDITURES; FURTHER COMMON COUNCIL ACTION NEEDED. o LIST ANTICIPATED COSTS IN SECTION G BELOW. ý NOT APPLICABLE/NO FISCAL IMPACT.
D) CHARGE TO: ý DEPARTMENTAL ACCOUNT (DA) o CONTINGENT FUND (CF) o CAPITAL PROJECTS FUND (CPF) o SPECIAL PURPOSE ACCOUNTS (SPA) o PERM. IMPROVEMENT FUNDS (PIF) o GRANT & AID ACCOUNTS (G & AA) o OTHER (SPECIFY)
E) PURPOSE SPECIFY TYPE/USE ACCOUNT EXPENDITURE REVENUE SAVINGS
SALARIES/WAGES: Annual billing/initial Inspection $2.77/4.04
SUPPLIES:
MATERIALS:
NEW EQUIPMENT:
EQUIPMENT REPAIR:
OTHER: $866.74
TOTALS: $2.77/4.04 $866.74
F) FOR EXPENDITURES AND REVENUES WHICH WILL OCCUR ON AN ANNUAL BASIS OVER SEVERAL YEARS CHECK THE APPROPRIATE BOX
BELOW AND THEN LIST EACH ITEM AND DOLLAR AMOUNT SEPARATELY.
o 1-3 YEARS o 3-5 YEARS Annual Cost Billing - $2.77/4.04
o 1-3 YEARS o 3-5 YEARS Annual Fee (Income) - $866.74
o 1-3 YEARS o 3-5 YEARS
G) LIST ANY ANTICIPATED FUTURE COSTS THIS PROJECT WILL REQUIRE FOR COMPLETION:
H) LIST ANY ANTICIPATED FUTURE COSTS THIS PROJECT WILL REQUIRE FOR COMPLETION:
Special Privilege Committee Fee Schedule
PLEASE LIST ANY COMMENTS ON REVERSE SIDE AND CHECK HERE o
SUB.2