Number
080656
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to Park East Milwaukee LLC for various items in the public right-of-way for the premises at 916 East State Street, in the 4th Aldermanic District.
Analysis
This resolution grants a special privilege to Park East Milwaukee LLC for an electrified sign, two covered walks, a retaining wall, an entry enclosure, two concrete platforms with railings, a lannon stone wall, an enclosure for ventilation ducts, a portion of a barrier free access ramp and underground conduit in the public right-of-way for the premises at 916 East State Street.
Body
Whereas, The applicant is requesting permission to install and maintain an electrified sign, retaining wall and two covered walks; and
Whereas, A site visit revealed the presence of an entryway enclosure, two concrete platforms with handrails, an enclosure for vent ducts, a portion of a barrier free access ramp and a lannon stone wall in the public right-of-way; and
Whereas, Said items may only legally encroach into the public right-of-way by 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 Park East Milwaukee LLC, 916 East State Street, Milwaukee, WI 53202 is hereby granted the following special privileges:
1. To install and maintain an electrified sign in the east, 22-foot wide sidewalk area of North Marshall Street. Said 6-foot tall sign is centered approximately 17 feet west of the eastline of North Marshall Street, such that it is located between the curb and the paved sidewalk, and 41 feet north of the northline of East State Street. The sign measures 1-foot wide, parallel to the street, and 2 feet 6 inches long.
2. To install and maintain underground electrical conduit to power the aforementioned electrified sign. Said conduit is located approximately 41 feet north of the northline of East State Street and projects to the sign from the eastline of North Marshall Street. Approximate length of said conduit is 17 feet.
3. To construct and maintain a permanent entryway enclosure projecting 5 feet 5 inches into the west, 22-foot 6-inch wide sidewalk area of North Astor Street. Said 15-foot long enclosure is centered approximately 77 feet north of the northline of East State Street.
4. To construct and maintain two concrete platforms with handrails abutting the aforementioned entryway enclosure and projecting 5 feet 5 inches into the west, 22-foot 6-inch wide sidewalk area of North Astor Street. Said platforms are 5 feet 1 inch and 6 feet long and centered approximately 67 and 85 feet north of the northline of East State Street, respectively.
5. To construct and maintain an enclosure for vent duct projecting 1 foot 11 inches into the west, 22-foot 6-inch wide sidewalk area of North Astor Street. Said enclosure is 5 feet long and centered approximately 50 feet north of the northline of East State Street.
6. To construct and maintain two concrete, modular block retaining walls in the 22-foot 6-inch wide west sidewalk area of North Astor Street. Said 8-inch thick walls allow for the creation of a two tiered planting area that projects 5 feet 4 inches into the public way. Said walls commence at the northline of East State Street and north 37 feet. Total retaining wall length for both walls is 78.6 feet.
7. To construct and maintain one concrete, modular block retaining wall projecting approximately 5 inches into the north, variable width sidewalk area of East State Street. Said retaining wall commences at the westline of North Astor Street and extends west 51 feet 8 inches where there is a 4-foot 8-inch wide gap in the wall. After the gap, the wall continues west 12 feet 4 inches.
8. To construct and maintain a portion of a barrier free access ramp projecting 5 inches into the north, variable width sidewalk area of East State Street. Said ramp commences at a point approximately 52 feet west of the westline of North Astor Street and extends west 4 feet 8 inches.
9. To construct and maintain a lannon stone wall that supports a concrete platform at the hotel entrance. Said lannon stone wall commences at a point approximately 69 feet west of the westline of North Astor Street and extends 11 feet 10 inches to the west. Said lannon stone wall projects approximately 6 inches into the north, variable width sidewalk area of East State Street.
10. To construct and maintain a covered walk projecting into the west, 22-foot 6-inch wide sidewalk area of North Astor Street. Said 7-foot 6-inch wide covered walk is centered approximately 94 feet north of the northline of East State Street. The covered walk is supported by the building at one end and by vertical supports located approximately 2 feet from the curb line. The minimal vertical clearance between the skirt of the covered walk and the sidewalk below is 8 feet.
11. To construct and maintain a covered walk projecting into the north, variable width sidewalk area of East State Street. Said 13-foot wide covered walk is centered approximately 73 feet west of the westline of North Astor Street. The covered walk is supported by the building at one end and by vertical supports located approximately 2 feet from the curb line. The minimal vertical clearance between the skirt of the covered walk and the sidewalk below is 8 feet.
Said covered walks shall generally be constructed in accordance with the policies set forth in Common Council Resolution File Number 62-1211-a, adopted July 24, 1962. Each covered walk frame shall be designed and supported to withstand snow and other loads of not less than 25 pounds per square foot applied in any direction. No guy wire brackets or diagonal braces shall be permitted lower than 8 feet above the sidewalk level. The coverings shall be of approved material. All fixtures and materials for illumination of the covered walks shall be indicated on the construction plans and approved prior to installation. No sign or advertising device shall be hung from, attached to, printed or painted on any part of the covered walks. The name, street number, or character of the business may be indicated only on the vertical portion of the covering and shall not exceed 8 inches in height.
The grantee is required to keep a "Loading Zone" or "No Parking" status adjacent to each covered walk as long as the covered walks occupy the public right-of-way.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
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, Park East Milwaukee LLC, 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 $10,000 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 $1260.07. 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
February 16, 2009
080656