Number
050118
Version
SUBSTITUTE
Reference
030011
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to Fortney, Fortney and Fortney, LLP for encroachment into the public right-of-way of a second story balcony/patio for the building at 1213 North Water Street, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This grants an amended special privilege to Fortney, Fortney and Fortney, LLP for encroachment into the public right-of-way of a second story balcony/patio and an excess door swing for the building at 1213 North Water Street.
Body
Whereas, LESZ, Incorporated requested permission to construct and maintain a second story balcony/patio for its building at 1213 North Water Street; and
Whereas, Permission was granted in 2003 under Common Council Resolution File Number 030011; and
Whereas, LESZ, Incorporated did not construct the balcony/patio structure; and
Whereas, Fortney, Fortney and Fortney, LLP now owns the building and has constructed the balcony/patio per the plans submitted by LESZ, Incorporated; and
Whereas, A site visit revealed the presence of an excess door swing encroachment; and
Whereas, The excess door swing may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; and
Whereas, For the liability to be formally transferred to the current owners for the balcony/patio, the Common Council needs to adopt an amending resolution; now, therefore be it
Resolved, That Common Council Resolution File Number 030011 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Fortney, Fortney and Fortney, LLP, 308 Third Street South, La Crosse, Wisconsin 54601 is hereby granted the following special privileges:
1. To keep and maintain a balcony/patio structure supported by the building and by a total of two columns on the west side of North Water Street across the entire front of the building located at 1213 North Water Street. Said balcony/patio structure commences at a point approximately 80 feet north of the northline of East Juneau Avenue and extends north for a distance of approximately 21 feet 6 inches. The balcony/patio structure encroaches into the west 12-foot wide, fully concrete paved sidewalk area approximately 10 feet. There is a minimum 13 foot 4 inch clearance between the sidewalk grade and the bottom of the balcony/patio structure.
Said steel columns rest on concrete footings extending approximately 4 feet below grade and will be located beneath the balcony in the west sidewalk area of North Water Street.
All fixtures and materials for illumination of the balcony/patio structure shall be indicated upon the construction plans and approved prior to installation and shall be non-glare. No sign or advertising device shall be hung from, attached to, printed or painted on any part of the structure. The name, street number, or character of the business may be indicated only on the vertical portion of the structure and shall not exceed 10 inches in height. The grantee will be required to obtain and keep a “Loading Zone” or have a “No Parking” status adjacent to the balcony/patio structure as long as the balcony/patio structure occupies the public right-of-way.
2. To keep and maintain an excess door swing encroachment at the building known as 1213 North Water Street that, when fully open, project 3 feet into the 12-foot wide, fully paved west sidewalk area of North Water Street, which is in excess of the 12-inches allowed under Section 245-4-8 of the Milwaukee Code of Ordinances. The doorway is centered approximately 97 feet north of the northline of East Juneau Avenue.
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 acceptance of this special privilege the grantee, Fortney, Fortney and Fortney, LLP, shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
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 $250,000 covering bodily injury to any one person and $500,000 covering bodily injury to more than one person in any one accident and $100,000 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.
Pay to the City Treasurer an annual fee, which has an initial amount of $2,418.97. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
Whenever this special privilege is discontinued for any reason whatsoever, including public necessity whenever so ordered by resolution adopted by the Common Council no 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.
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.
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:cjt
December 5, 2005
050118