NUMB:
000032
VER:
SUBSTITUTE
REF:
960959
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege to Woman's Club of Wisconsin, that granted permission for a platform with step, a double door swing encroachment, an entry step, a covered walk, two exterior building lights and two planting areas with raised brick edging at 813 East Kilbourn Avenue, to now add permission for two sidewalk planters placed on either side of the existing covered walk, in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
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- Analysis -
Substitute resolution amending a special privilege to Woman's Club of Wisconsin, that granted permission for a platform with step, a double door swing encroachment, an entry step, a covered walk, two exterior building lights and two planting areas with raised brick edging at 813 East Kilbourn Avenue, to now add permission for two sidewalk planters placed on either side of the existing covered walk.
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BODY:
Whereas, Common Council Resolution File Number 960959 was adopted on November 26, 1996, granting a special privilege to Woman's Club of Wisconsin to construct and maintain a concrete step with platform and a double door swing encroachment over the platform at the main entrance to their building and to keep and maintain a covered walk, a step, two lights attached to the building face and two planting areas with raised brick edging all within the public right-of-way on the south side of East Kilbourn Avenue; and
Whereas, Women's Club of Wisconsin now wishes to place and maintain two sidewalk planters in the public right-of-way, one on either side of the existing covered walk; and
Whereas, The aforementioned items may only legally occupy City of Milwaukee public right-of-way by the granting of a special privilege; now, therefore, be it
Resolved. By the Common Council of the City of Milwaukee that Common Council Resolution File Number 960959 granted to Woman's Club of Wisconsin, is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Woman's Club of Wisconsin, 813 East Kilbourn Avenue, Milwaukee, WI 53202, is hereby granted the following special privileges:
1. To place and maintain two 30 inch by 39-inch, 34.5-inch high above-ground sidewalk planters within the 18-foot wide public sidewalk area on the south side of East Kilbourn Avenue, one on either side of a covered walk at the main entrance to the building at 813 East Kilbourn Avenue. Said planters shall be placed north of and outside of the 6-foot wide concrete sidewalk at this location. The planters are to be placed near the vertical supports for the covered walk, with the north edge approximately 5 feet from the present curb. The plant material shall be approved by and maintained to the satisfaction of the City Forester.
2. To keep and maintain a semicircular 10-foot wide, 5-foot 8-inch deep platform with step on the south side of East Kilbourn Avenue adjacent to 813 East Kilbourn Avenue. The platform and step is centered approximately 95.5 feet east of the eastline of North Cass Street and encroaches a maximum of 5 feet 8 inches into the 18-foot wide public sidewalk area on the south side of East Kilbourn Avenue, leaving approximately 12 feet 4 inches for general pedestrian usage and providing a 6-foot wide paved path for through pedestrians. A handrail is installed at the center and at each end of the platform.
3. To use and maintain one excess double door swing encroachment at the building known as 813 East Kilbourn Avenue that, when fully opened, projects into the public right-of-way in excess of the 12-inch maximum distance permissible under Section 245-4-8 of the Milwaukee Code of Ordinances. The double door is located on the south side of East Kilbourn Avenue, centered approximately 95.5 feet east of the eastline of North Cass Street and its maximum encroachment is approximately 3 feet, swinging out over the new 5-foot 8-inch deep platform.
4. To keep and maintain an existing 10-foot wide, 18-foot long covered walk. Said covered walk is centered approximately 95.5 feet east of the eastline of North Cass Street and encroaches approximately 18 feet into the 18-foot wide public sidewalk area on the south side of East Kilbourn Avenue adjacent to 813 East Kilbourn Avenue. The covered walk shall be supported by the building at one end and by vertical supports centered approximately 7.5 feet south of the present curbline. There shall be an approximately 9-foot wide opening between the vertical supports, which parallel the curb face. The minimum vertical clearance between the edge of the covered walk and the sidewalk shall be at least 8 feet. The covered walk structure shall be designed and supported to withstand snow and other loads of not less than 25 pounds per square foot and wind pressures of 20 pounds per square foot applied in any direction. No guy wires, brackets or diagonal braces shall be permitted lower than 7 feet above the sidewalk level. The covering shall be of any approved material. No sign or advertising device shall be hung from, attached to, printed or painted on any part of the covered walk. The name, street number, or character of the business may be indicated only on the vertical portion of the covering and not to exceed 12 inches in height.
5. To keep and maintain an existing 9.5-foot wide, 1.5-foot deep step with a platform on the south side of East Kilbourn Avenue adjacent to 813 East Kilbourn Avenue. The step with platform is centered approximately 42 feet east of the eastline of North Cass Street and encroaches 1.5 feet into the 18-foot wide public sidewalk area on the south side of East Kilbourn Avenue.
6. To keep and maintain two lights attached to the building wall, one on each side of the main entrance doors. The two lights are located approximately 90.5 feet and 200.5 feet east of the eastline of North Cass Street and encroach approximately 1.5 feet into the public right-of-way. Said lamps shall have a vertical clearance of not less than 7 feet above the adjacent sidewalk grade.
7. To keep and maintain two 4-foot wide planting areas surrounded by raised brick edging on the south side of East Kilbourn Avenue adjacent to the building at 813 East Kilbourn Avenue. Said planting areas are 37.5 feet and 35.5 feet long and centered approximately 19 feet and 65 feet east of the eastline of North Cass Street, respectively, and encroach approximately 4 feet into the public right-of-way of East Kilbourn Avenue.
Said planters, steps, platform, covered walk, lights and brick edging shall be installed, used and maintained to the satisfaction of the Commissioners of Public Works and Neighborhood Services. All necessary permits shall be obtained from the Commissioners of Public Works and Neighborhood Services/City Development.
Said items shall be kept, 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 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,Woman's Club of Wisconsin, 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 $5,000.00 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 $232.88. 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
June 13, 2000
000032