Number
030913
Version
SUBSTITUTE
Reference
030230
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Water Street Investment LLC to keep and maintain 2 metal tree grates, 13 uplights and eight movable planters in the public rights-of-way of North Water Street and East Wells Street adjacent to the property located at 789 North Water Street, to now add permission to place 2 additional movable planters on the sidewalk within the same right-of-way, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
Substitute resolution to amend a special privilege granted to Water Street Investment LLC to keep and maintain 2 metal tree grates, 13 uplights and 8 movable planters in the public rights-of-way of North Water Street and East Wells Street adjacent to the property located at 789 North Water Street to now add permission to place 2 additional movable planters on the sidewalks within the same rights-of-way.
Body
Whereas, Water Street Investment LLC was granted a special privilege under Common Council File Number 030230, adopted on July 31, 2003, to keep and maintain 2 metal tree grates, 13 uplights and 8 movable planters in the public rights-of-way adjacent to the building at 789 North Water Street in order to enhance the exterior appearance of the building; and
Whereas, They now wish to have permission to keep 2 additional movable planters in the sidewalk area of North Water Street; and
Whereas, Placement of all of these items in the public rights-of-way can only be allowed through the adoption 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Resolved, By the Common Council of the City of Milwaukee that Common Council File Number 030230 is hereby rescinded; and, be it
Further Resolved, That Water Street Investment LLC/ c/o Hammes Co. of Wisconsin Inc., 18000 West Sarah Lane, Suite 250, Brookfield, WI 53045, is hereby granted the following special privileges.
1. To keep and maintain two 4-foot by 6-foot metal tree grates in the 15-foot wide fully paved sidewalk area on the west side of North Water Street. The tree grates are centered approximately 12 feet east of the westline of North Water Street and 94 and 146 feet south of the southline of East Wells Street. There is a minimum of 9.5 feet of clear sidewalk area for pedestrian use.
2. To keep and maintain 13 uplighting units on harp poles on the west side of North Water Street and on harp light poles or street light poles on the south side of East Wells Street. Each harp street light may have a maximum of three uplighting units attached providing vertical clearance of 12 feet from the sidewalk grade. The harp street light poles with the uplights are centered approximately 32, 78 and 163 feet south of the southline of East Wells Street and 10, 50 and 89 feet west of the westline of North Water Street.
3. To keep and maintain three 48-inch diameter, 35-inch high above-ground planters within the variable width fully concrete paved public sidewalk area on the south side of East Wells Street abutting the building at 789 North Water Street. The planters are centered at distances of approximately 27.6 feet, 40.1 feet and 72.4 feet west of the westline of North Water Street and 9.1 feet, 10.0 feet and 11.2 feet, respectively, north of the southline of East Wells Street (being approximately 1.7, 1.7 and 1.5 feet from the curbline).
4. To keep and maintain three 48-inch diameter, 35-inch high above-ground planters within the variable width fully concrete paved public sidewalk area on the west side of North Water Street, abutting the building at 789 North Water Street. The planters are centered at distances of approximately 15 feet, 42 feet and 72.5 feet south of the southline of East Wells Street and 5.5 feet, 9.7 feet and 10.5 feet, respectively east of the westline of North Water Street (being approximately 1.7, 1.6 and 1.7 feet from the curbline).
5. To keep and maintain four 3-foot wide, 1.5-foot deep 2-foot high above-ground planters within the variable width fully concrete paved public sidewalk area on the west side of North Water Street, abutting the building at 789 North Water Street. The planters flank the Water Street pedestrian entrance to the building, being approximately 43.5 and 66.6 feet south of the southline of East Wells Street directly abutting the building, and the Water Street entrance to a parking garage at this address , being approximately 112.0 and 137.3 feet south of the southline of East Wells Street directly abutting the building.
6. Said tree grates shall be designed and supported such that the minimum live load capacity is 250 pounds per square foot. Openings in the grates shall be positioned such that the maximum opening in the general direction of pedestrian travel is ¾ inches. The brackets and lights will be attached to the street light poles by the City at the grantee's expense. Bulb replacement as well as other necessary maintenance shall be performed by the grantee. When a pole needs to be replaced and the bracket and/or lights need to be replaced/reattached, this will be at no cost to the City. All of the above-mentioned items shall be installed and maintained in a manner satisfactory to the Departments of Public Works and Neighborhood Services. All necessary permits shall have been obtained.
; 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 Investment 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 $10,000.00 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 $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 $40,000 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 $557.00. 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 66.0425 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
JJM:cjt
May 3, 2004
030913