Number
070632
Version
SUBSTITUTE
Reference
020686
Sponsor
THE CHAIR
Title
Substitute resolution to amending a special privilege to Colby Abbot Building, LLP for addition of a platform with barrier free access ramp and steps encroaching into the public right-of-way for the premises at 759 North Milwaukee Street, in the 4th Aldermanic District.
Analysis
This resolution amends a special privilege to Colby Abbot Building, LLP for addition of a platform with barrier free access ramp and steps encroaching into the public right-of-way for the premises at 759 North Milwaukee Street, also known as 320-30 East Mason Street.
Body
Whereas, Colby Abbot Building, LLP requested permission to construct a covered walk; a platform with barrier free access ramp and steps; window box planters; two entrance stairways; and building facades within the public right-of-way; and
Whereas, Permission for said items was granted under Common Council Resolution File Number 020686 in 2002; and
Whereas, The current request is to construct a new platform with ramp and step in the public right-of-way; and
Whereas, Said platform with barrier free access ramp and steps may only legally encroach into the public right-of-way by the 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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 020686 is hereby rescinded; and, be it
Further Resolved, That Colby Abbot Building, LLP, 759 North Milwaukee Street, Milwaukee, Wisconsin 53202 is hereby granted the following special privileges:
1. To construct and maintain a concrete platform with barrier free access ramp and steps to project 5 feet 6 inches into the north 15-foot wide sidewalk area of East Mason Street. Said ramp will commence at the westline of North Milwaukee Street and extends 19 feet 3 inches to the west. Said platform with ramp and steps will have handrails.
2. To keep and maintain a concrete platform with steps and barrier free access ramp in the north, 15-foot wide sidewalk area of East Mason Street. Said 5-foot wide barrier free access ramp commences at a point approximately 80 feet west of the westline of North Milwaukee Street and extends 9 feet 3 inches west where it meets the platform and steps. The 6-foot 6-inch wide platform with steps commences at a point approximately 89 feet west of the westline of North Milwaukee Street and extends west 13 feet. The platform, steps and ramp all have a metal handrail.
3. To keep and maintain a 10-foot 7-inch wide covered walk projecting 13 feet 7 inches into the north, 15-foot wide sidewalk area of East Mason Street. Said covered walk is centered approximately 96 feet west of the westline of North Milwaukee Street. It is supported by the building and two vertical supports near each corner closest to the curb along each side of the covered walk. The vertical clearance between the main public sidewalk and the skirt of the covered walk is 8 feet 6 inches; however, the vertical clearance between the ramp and platform and the covered walk frame is a little over 6 feet. The grantee shall maintain warning devices, such as warning tape, on the covered walk where it crosses the barrier free access ramp.
Said covered walk is generally constructed in accordance with the policies set forth in Common Council Resolution File Number 62-1211-a, adopted July 24, 1962. The covered walk frame shall be designed and supported to withstand snow and other loads of not less than 25 pounds per square foot and wind pressure of 20 pounds per square foot applied in any direction. No guy wires, brackets or diagonal braces shall be permitted lower than 8 feet above the sidewalk level. The covering shall be of approved material.
The grantee is required to keep a “Loading Zone” or have a “No Parking” status adjacent to the covered walk as long as the covered walk occupies the public right-of-way.
4. To keep and maintain two decorative wood window box planters projecting 1-foot into the north, 15-foot wide sidewalk area of East Mason Street. The east planter is 7 feet in length and the west planter is 12 feet in length. Said planters are centered approximately 90 and 120 feet west of the westline of North Milwaukee Street.
5. To keep and maintain two entrance stairs in the north-south alley in the block bounded by North Broadway, East Mason Street, North Milwaukee Street, and East Wells Street. The 6-foot 8- inch long north stairway projects 3 feet 10 inches into the alley and is centered approximately 82 feet north of the northline of East Mason Street. The 4-foot long south stairway projects 8 inches into the alley and is centered approximately 72 feet north of the northline of East Mason Street.
6. To keep and maintain the building façade projecting into East Mason Street and North Milwaukee Street. The building façade projects between 0.16 feet and 0.86 feet, principally at the structural pilasters, into the north, 15-foot wide sidewalk area of East Mason Street for a total length of 120 feet. The building façade projects between 0.40 and 0.87 feet into the west, sidewalk area of North Milwaukee Street for 60 feet. The west sidewalk area of North Milwaukee Street varies in width between 17 and 15 feet.
Said above-mentioned items shall be used, kept, and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained prior to the granting of this special privilege.
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 accepting this special privilege the grantee, Colby Abbot Building, LLP, 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 $10,000.00 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 $2031.81. 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 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
MDL: ns
May 6, 2008
070632