Number
071659
Version
SUBSTITUTE 1
Reference
69-175
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to 230 Wisconsin Group Ltd for and alteration of a building façade encroaching into the public right-of-way for the premises at 234 West Wisconsin Avenue, in the 4th Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to 230 Wisconsin Group Ltd for a building façade encroaching into the public right-of-way and for reconstruction and replacement of said building façade for the premises at 234 West Wisconsin Avenue.
Body
Whereas, Sidney Kohl requested permission to construct and maintain metal and tile building façades projecting into the public right-of-way; and
Whereas, Permission for said building façades was granted in 1969 under Common Council File Number 69-175; and
Whereas, 230 Wisconsin Group Ltd now owns the property; and
Whereas, The applicant has removed the metal and tile building façades and constructed a replacement stucco-like façade that occupies the approximately the same area of the public right-of-way as the old façades; and
Whereas, Said altered building façade may only legally encroach into the public right-of-way by the granting of a special privilege resolution adopted by the Common Council; and
Whereas, For the liability to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 69-175 is hereby rescinded; and, be it
Further Resolved, That 230 Wisconsin Group Ltd, 12201 West Burleigh Street, #6, Milwaukee, WI 53222, is hereby granted the following special privilege:
To construct and maintain a faux stucco building façade projecting into the north, 16-foot 6-inch wide sidewalk area of West Wisconsin Avenue. The façade commences at a point approximately 49 feet west of the westline of North 2nd Street and extends 60 feet 3 inches to the west. At grade to a height of approximately 10 feet, the façade projects an average of 4 inches into the public way. The façade projects an average of 8 inches into the public way between 10 feet and 20 feet above grade. The façade projects an average of 4 inches into the public way above the 20-foot elevation excluding allowances for the second and third floor windows.
Said above-mentioned building facade shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said building facade 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, 230 Wisconsin Group Ltd 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 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 $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 own 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 $191.16. 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 and 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.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:ns
September 15, 2008
0716