Number
030262
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to Wisconsin Center District to construct and maintain, retaining walls, planting beds, a sign structure and lights attached to City streetlight poles all within the public right-of-way adjacent to their property at 500 West Kilbourn Avenue, which was the Milwaukee Auditorium and now is to be called Milwaukee Theatre, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
Substitute resolution granting a special privilege to and maintain retaining walls, planting beds and a sign structure, all located within the public right-of-way adjacent to the property at 500 West Kilbourn Avenue, which was the Milwaukee Auditorium and now to be called Milwaukee Theatre.
Body
Whereas, The Wisconsin Center District is the owner of the Milwaukee Auditorium (Milwaukee Theatre), at 500 West Kilbourn Avenue, which is undergoing major renovation; and
Whereas, Several items, which include retaining walls, planting beds and a sign structure are proposed to be placed in the public right-of-way adjacent to the new front entrance to the auditorium. on the north side of West Kilbourn Avenue; and
Whereas, They also propose to attach lights to City street light poles on North 6th Street to highlight a part of that face of the building; 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 Wisconsin Center District, 400 West Wisconsin Avenue, Milwaukee, WI 53202, is hereby granted the following special privileges:
1. To construct, use and maintain retaining walls, some with and some without railings on top, that are located in the public right-of-way in the sidewalk area on the north side of West Kilbourn Avenue, east of North 6th Street. The retaining walls are located as follows:
Retaining Wall #1
Total Length in Public Right-of-Way 101 feet
Height 0.5 ft-3.5 ft
Thickness 10 inches
Location Beginning approximately 211 feet east of the eastline of North 6th Street and extending east.
Retaining Wall #2
Ramp from east
Total Length in Public Right-of-Way 58.5 ft.
Height 0.7 ft-2.4 ft
Thickness 8 inches
Location Beginning approximately 390 feet east of the eastline of North 6th Street and extending west.
Retaining Wall #3:
Ramp from west
Total Length in Public Right-of-Way 57 feet
Height 1.0 ft-3.20 ft
Thickness 8 inches
Location Beginning approximately 134 feet east of the eastline of North 6th Street and extending east.
2. To place and maintain a planting bed in the sidewalk area on the north side of West Kilbourn Avenue, east of North 6th Street. The planting bed is approximately 101 feet long with 6 inch thick, 6 inch high curved curbing along one side and is centered approximately 261 feet 5 inches east of the eastline of North 6th Street, and extends from wall #1 to a plane approximately at the northline of West Kilbourn Avenue. The plantings shall be reviewed and approved by the City Forester.
3. To place and maintain a planting bed in the sidewalk area on the north side of West Kilbourn Avenue. The planting bed is centered approximately 96 feet east of the eastline of North 6th Street with the south barrier curb length in the right-of-way approximately 74 feet and a maximum 5-foot encroachment and the area of the planting bed in the public right-of-way is approximately 246 square feet. The plantings shall be reviewed and approved by the City Forester.
4. To place and maintain a triangular sign structure in the sidewalk area on the north side of West Kilbourn Avenue, centered approximately 26 feet 5 inches east of the eastline of North 6th Street, and at approximately the northline of West Kilbourn Avenue. The sign structure consists of a grid work connected together and having two faces of message board, with a clear height of approximately 20 feet above the sidewalk pavement and the sign height approximately 7 feet.
5. To construct and maintain a 6-inch high barrier curb at the west end of the wall #3 approximately 12.5 feet in length with a railing on top, to prevent tripping.
6. To construct and maintain a 6-inch high barrier curb at the east end of wall #2 approximately 21.8 feet in length with a railing to top, to prevent tripping.
7. To install and maintain a conduit for electrical power for the sign of Item #4. Length is approximately 8 feet, located approximately 248 feet east of westline of North 6th Street.
8. To install, use and maintain 8 lights mounted 2 per pole on a bracket on the street median of North 6th Street
; and, be it
Further Resolved, That physical placement of the brackets and lights on the City street light poles for the frieze lighting is contingent upon satisfactory presentation and approval of the results of a complete analysis of the effect that the brackets and lights will have upon the poles and obtaining the proper permits including the underground conduits for power to energize the lights; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Wisconsin Center District, 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 $500,000 covering bodily injury to any one person and $1,000,000 covering bodily injury to more than one person in any one accident and $100,000 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 $677.70. 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
July 18, 2003
030262