Number
051204
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Vine Street Commercial, LLC to construct and maintain a retaining wall topped with a metal handrail to provide handicapped access in the public right-of-way for the premises at 1736 North 2nd Street in the 6th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to Vine Street Commercial, LLC to construct and maintain a concrete retaining wall with metal handrail to provide a depressed barrier free handicapped access and two excess door swings in the public right-of-way abutting 1736 North 2nd Street.
Body
Whereas, Vine Street Commercial, LLC requested permission to construct and maintain a retaining wall with metal handrail for a depressed barrier free access ramp with the ramp landing centered on a new entrance doorway with excess door swing for the building at 1736 North 2nd Street; and
Whereas, A site visit revealed an existing excess door swing on North 2nd Street; and
Whereas, Said items may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; now be it
Resolved, By the Common Council of the City of Milwaukee that Vine Street Commercial, LLC, 1737 North Palmer Street, Milwaukee, WI 53212 is hereby granted the following special privileges:
1. To construct and maintain a concrete retaining wall with footing topped with a metal handrail to allow placement of a depressed barrier free access ramp in the east 20-foot wide sidewalk area of North 2nd Street. Said retaining wall will consist of 6-inch wide concrete framing a depressed concrete barrier free access ramp; and a landing centered on a new doorway with an excess door swing. Said retaining wall commences at the eastline of North 2nd Street at a point 125 feet south of the southline of West Vine Street. The retaining wall extends west approximately 5 feet, 8 inches to the high edge of the walk, then extends south approximately 16 feet, 10 inches. The maximum depression for the barrier free ramp will be approximately 2 feet below sidewalk grade.
2. To construct and maintain one excess door swing encroachment. Said new doorway is centered along the eastline of North 2nd Street approximately 128 feet south of the southline of West Vine Street. Said door swing when fully open, projects into the public right-of-way in excess of the 12-inches permissible under Section 245-4.8 of the Milwaukee Code of Ordinances. The maximum encroachment will be approximately 2 feet, 9 inches into the 20-foot wide sidewalk area of North 2nd Street.
3. To keep and maintain an existing excess door swing encroachment at 1736 North 2nd Street that, when fully open, projects into the public right-of-way in excess of the 12-inches permissible under Section 245-4.8 of the Milwaukee Code of Ordinances. The doorway is centered along the east line of North 2nd Street approximately 105 feet, 6 inches south of the southline of West Vine Street. The maximum encroachment will be approximately 2 feet, 9 inches into the 20-foot wide sidewalk area of North 2nd Street.
4. To keep and maintain a stone entrance platform. The platform, locate on the eastline of North 2nd Street, is centered on the above-mentioned door swing starting at a point approximately 102 feet, 6 inches south of the southline of West Vine Street and is 6 feet, 6 inches long. Said platform projects 3 feet, 6 inches into the 20-foot wide sidewalk area of North 2nd Street and is approximately 8 inches above sidewalk grade.
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, Vine Street Commercial, 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 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 $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 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 $47.15. 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
MDL:lja
March 3, 2006
051204