NUMB:
990542
VERS:
SUBSTITUTE
REF:
66-726a
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege that was granted to Bessie Kohlenberg to construct and maintain a retractable loading platform in the public right-of-way adjacent to the property located at 315 West Court Street, to now change the name of the grantee of the special privilege to Steven Macaione and Thomas A. Mason, and also grant permission for a metal chute and excess door-swing to occupy the public right-of-way, in the 6th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution amends a special privilege that was granted to Bessie Kohlenberg to construct and maintain a retractable loading platform in the public right-of-way adjacent to the property located at 315 West Court Street, to now change the name of the grantee of the special privilege to Steven Macaione and Thomas A. Mason, and also grant permission for a metal chute and excess door-swing to occupy the public right-of-way.
BODY:
Whereas, Bessie Kohlenberg was granted a special privilege under Common Council Resolution File Number 66-726a, on April 18, 1967, to construct and maintain a retractable loading platform that projects, when in use, 8 feet into a public alley adjacent to the premises at 315 West Court Street; and
Whereas, The current owners of the property are Steven Macaione and Thomas A. Mason and should now be named as grantees of the special privilege; and
Whereas, Our field observation of the site revealed the existence of a metal chute from the second story level of the building and an excess door swing at the basement level of the building, both utilizing the alley right-of-way; and
Whereas, The retractable loading platform, metal chute and excess door swing may only occupy the public right-of-way 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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 66-726a is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that Steven Macaione and Thomas A. Mason, 1501 North Martin Luther King Jr. Dr., Milwaukee, WI 53212, are hereby granted the following special privileges:
1. To keep, use and maintain an 8-foot by 6.5-foot wide drawbridge-type loading platform on the west side of the building at 315 West Court Street, located adjacent to the north-south alley in the block bounded by West Cherry Street, West Court Street, North Dr. Martin Luther King Jr. Drive and North 4th Street. When not in use, the platform shall be drawn up against the building so that it will not project more than one foot beyond the lot line into the public alley, and shall extend no further than 8 feet into the 20-foot wide public alley, when in use, for the purpose of loading and unloading. Access to and use of the dock may occur from either the north or the south side of the dock. The platform is centered approximately 65 feet north of the northline of West Cherry Street. The dock shall not be "down" when not in use.
2. To keep, use and maintain a 2-foot wide corrugated metal chute located at the second story level that is located approximately 50 feet south of the southline of West Court Street.
3. To keep, use and maintain a 3-foot wide door located on the west face of the building at 315 West Court Street, located adjacent to the north-south alley to the block bounded by West Cherry Street, West Court Street, North Dr. Martin Luther King Jr. Dr., and North 4th Street approximately 95 feet north of the northline of West Cherry Street. This produces an excess swing of two feet (Sec 245-4-8).
Said loading platform, chute and door shall be used and maintained to the satisfaction of the Departments of Public Works and Neighborhood Services. All required permits shall be procured. Said loading platform shall be removed from the public right-of-way at such future time that it is 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 grantees, Steven Macaione and Thomas A. Mason, 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 $36.45. 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 Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
August 23, 1999
990542