NUMB:
991013
VER:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution granting a special privilege to QSI Inc. for a portion of front porch steps to encroach into the public right-of-way, adjacent to 1415-17 East Brady Street, in the 3rd Aldermanic District in the City of Milwaukee.
ANLS:
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- Analysis -
This resolution grants a special privilege to QSI Inc. for a portion of front porch steps to encroach into the public right-of-way, at 1415-17 East Brady Street. This work is being done in conjunction with an historic renovation of the building façade.
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BODY:
Whereas, QSI Inc. is the owner of the building located at 1415-17 East Brady Street, which is undergoing exterior renovation; and
Whereas, The property is located in the Brady Street Historic District and has been granted a Certificate of Appropriateness by the Milwaukee Historic Preservation Commission for these and other renovations, which include encroachment of front porch steps into the public right-of-way; and
Whereas, Encroachment of the steps into the public right-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 QSI Inc., 1417 East Brady Street, Milwaukee, WI 53202, is hereby granted the following special privilege:
To construct and maintain a portion of one set of front porch steps within the south sidewalk area of East Brady Street abutting the building at 1415-17 East Brady Street. Said steps shall encroach approximately 1 foot into the 13-foot wide sidewalk area of East Brady Street, leaving approximately 12 feet for pedestrian usage. Said steps are approximately 7 feet 9 inches wide, with a wood handrail and post on each side. Said steps shall be constructed abutting the building in such a manner that their use would minimally infringe upon the paved public sidewalk and minimally interfere with through pedestrian movement at any time.
Said steps shall be constructed, used and maintained to the satisfaction of the Commissioners of Public Works and Neighborhood Services. All required permits shall be procured prior to beginning construction. Said steps shall be removed from the public right-of-way in such future time as they are no longer needed to the satisfaction of the Departments of Public Works and 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, QSI Inc, 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 $1,000.00 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 $25,000 covering bodily injury to any one person and $50,000 covering bodily injury to more than one person in any one accident and $10,000 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 $35.00. 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 66.045 of the Wisconsin Statutes (1979), 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.
DFTR:
Infrastructure Services Division
JJM:cjt
October 25, 1999
991013