Number
050925
Version
SUBSTITUTE 1
Reference
941157
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to 2B Real Estate, LLC for encroachment into the public right-of-way of a fence for the building at 1901 East North Avenue, in the 3rd Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege to construct and maintain a fence in the public right-of-way for the building at 1901 East North Avenue.
Body
Whereas, The applicant has an outdoor dining facility on its own property that is approximately 16 inches below the sidewalk grade and desires to install a fence in order to prevent individuals from falling into the dining facility and in order to screen the dining area; and
Whereas, The applicant previously petitioned for encroachment into the public right-of-way of a tilted window, four parking area light poles and a backup driveway; and
Whereas, Permission for said items was granted in 1994 in Common Council Resolution File Number 941157; and
Whereas, Said fence may only legally encroach into the public right-of-way by the granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council File Number 941157 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that 2B Real Estate, LLC, 1901 East North Avenue, Milwaukee, Wisconsin 53202 is hereby granted the following special privileges:
1. To erect, keep and maintain a fence in the public right-of-way on the south side of East North Avenue abutting the premises. Said fence commences at a point approximately 236 feet east of the intersection of the south line of East North Avenue and the north line of East Kenilworth Place. Said fence runs parallel to the south line of East North Avenue for a distance of approximately 37 feet 4 inches, and encroaches 5 foot 6 inches north of the south line of East North Avenue into the 18-foot ± wide public walk area.
2. To keep and maintain a stone retaining wall within the fence encroachment area. Said retaining wall commences at a point approximately 235 feet east of the intersection of the south line of East North Avenue and the north line of East Kenilworth Place. Said retaining wall runs parallel to the south line of East North Avenue for a distance of approximately 30 feet, and encroaches 3 foot 8 inches north of the south line of East North Avenue into the 18 foot ± wide public walk area. The elevation at the face of said retaining wall varies from 1-foot on the west end to 1 foot 6 inches on the east end below sidewalk elevation.
3. To keep and maintain an 11-foot wide backup driveway located on the northeast side of East Kenilworth Place adjacent to the premises to serve a seven foot wide overhead door. Said driveway will be centered approximately 135 feet northwest of the northwest line of North Farwell Avenue into the 9-foot wide sidewalk area. Vehicles shall occupy the sidewalk area and a portion of the roadway and shall allow one lane of through traffic at all times.
4. To keep and maintain a 16-foot wide and 32-foot long tilted window on the south side of East North Avenue at the premises. The tilted window shall encroach gradually to a maximum distance of 7 inches when it reaches a height of 20 feet above the sidewalk grade. Said window encroachment is located approximately 193 feet east of the northeasterly line of East Kenilworth Place and encroaches into the 20-foot wide public walk area.
5. To keep and maintain two existing 40-foot high light poles, on the south side of East North Avenue. Said light poles are located approximately 71 and 218 feet east of the northeastline of East Kenilworth Place, and encroach 5 feet north of the southline of East North Avenue into the 20-foot wide public walk area abutting the premises.
6. To keep and maintain two existing 40-foot high light poles in East Kenilworth Place abutting the premises specifically described as follows: one light pole is located along the southline of East North Avenue, extended west, and approximately 5 feet southwesterly of the northeasterly line of East Kenilworth Place; and one pole is located approximately 67 feet southeasterly of the southline of East North Avenue and approximately 4 feet southwesterly of the northeasterly line of East Kenilworth Place into the 9-foot wide walk area.
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, 2B Real Estate, LLC, 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 $100,000 covering bodily injury to any one person and $200,000 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 cancelled 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 $841.99. 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 the 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 Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
7. Owner must remove fence, at own expense, in a timely manner should the City of Milwaukee require access to its underground conduit facilities located in the fenced in area of the public right-of-way, on North Avenue.
8. Owner must ensure sufficient traffic control while using the back up driveway to allow continued, safe traffic flow on East Kenilworth Place. Traffic control measures may include, but are not limited to flag persons and traffic cones.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:cjt
December 20, 2005
050925