Number
020686
Version
SUBSTITUTE
Reference
581831, 603395, 612486
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Colby-Abbott Building LLP, to construct and maintain a concrete ramped entrance for barrier-free access and to continue permission for an existing covered walk and existing building encroachments located in the public right-of-way adjacent to their property located at 753-61 North Milwaukee Street, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants permission to Colby-Abbott Building LLP to construct and maintain a concrete ramped entrance for barrier-free access in the right-of-way on the north side of East Mason Street and for an existing covered walk and existing building encroachments.
Body
Whereas, Colby-Abbott Building LLP is desirous to construct a concrete ramped entrance to provide for barrier-free access to the building at 753-61 North Milwaukee Street and in order to do this, the ramp is proposed to encroach into the public right-of-way on the north side of East Mason Street; being the entrance to Karl Ratzsch's Restaurant; and
Whereas, Special privileges exist for a covered walk (File No. 61-2486 adopted October 27, 1961) and building projections (File No. 58-1831 adopted September 16, 1958 and 60-3395 adopted February 7, 1961) permission for which will be incorporated into this special privilege; and
Whereas, The concrete ramped entrance, covered walk and building encroachments 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Council of the City of Milwaukee that Common Council Resolution File Numbers 581831, 603395 and 612486 are hereby rescinded; and, be it
Further Resolved, that Common Council Resolution File Number 980132 is placed on file; and
Further Resolved, By the Common Council of the City of Milwaukee that Colby-Abbott Building LLP, 759 North Milwaukee Street, Milwaukee, WI 53202, is hereby granted the following special privileges:
1. To construct, use and maintain an approximate 9.4 foot long platform with a 10.0 foot long ramp with metal handrails. There are two 1-foot wide steps at the west end of the platform, and two 1-foot wide steps south of the platform to be located on the north side of East Mason Street adjacent to the property known as 753-61 North Milwaukee Street. Said concrete platform/ramp shall begin at a point approximately 80 feet west of the westline of North Milwaukee Street and encroach approximately 5 feet into the public sidewalk area.
2. To keep and maintain a covered walk at the property known as 753-61 North Milwaukee Street. Said covered walk, 10 feet 7 inches in width, is centered approximately 96 feet west of the westline of North Milwaukee Street and encroaches approximately 13 feet 7 inches into the 15-foot wide sidewalk area on the north side of East Mason Street. The covered walk is supported by the building by two vertical supports near each corner closest to the curb along each side of the covered walk. The vertical supports near the curb are centered approximately 1 foot 5 inches north of the present curbline. The existing vertical clearance between the skirt of the covered walk and the sidewalk below is approximately 8 feet 6 inches which has apparently existed for several years with fortunately no problems. With the ramp along the building the clearance becomes just in excess of 6 feet. With the skirt removed in that specific area, the clearance becomes approximately 7 feet. Therefore, the grantee shall, at a minimum, install, on the east end of the ramp, an outward swinging, self-closing gate in order that non-customers of the restaurant shall not be able to have a free-flow of access onto the ramp (an attractive nuisance), when the restaurant is not open for business. Said covered walk is generally constructed in accordance with the policies set forth in Common Council Resolution File Number 62-1211-a, adopted July 24, 1962. The covered walk frame shall be designed and supported to withstand snow and other loads of not less than 25 pounds per square foot and wind pressure of 20 pounds per square foot applied in any direction. No guy wires, brackets or diagonal braces shall be permitted lower than 8 feet above the sidewalk level. The covering shall be of approved material.
The grantee will be required to keep a "Loading Zone" or have a "No Parking" status adjacent to the covered walk as long as the covered walk occupies the public right-of-way.
3. To keep, use and maintain 2 existing decorative wood-face window-box planters that project approximately 1-foot into the 15-foot wide sidewalk area on the north side of East Mason Street. The east box is approximately 7 feet in length with the top horizontal edge (2.0 to 3.1 above sidewalk) and the west box is approximately 12 feet in length with the top horizontal edge (2.8 to 3.9 feet above sidewalk). The planters are centered approximately 90 and 120 feet west of the westline of North Milwaukee Street.
4. To use and maintain the following projections into the north-south alley in the block between North Broadway, East Mason Street and North Milwaukee Street and East Wells Street.
a. Depressed entrance stairway, well and railings leading to the basement of the building and projecting 3.8 feet for a distance of 6.7 feet, centered approximately 82 feet north of the northline of East Mason Street.
b. Concrete entrance stairway (bottom step) leading to the first floor of the building. The step projects 0.67 feet for a distance of 4 feet, centered approximately 72 feet north of the northline of East Mason Street.
5. To keep and maintain the south and east walls of the existing building projecting beyond the property lines of East Mason and North Milwaukee Streets. The entire south wall presently has an encroachment into East Mason Street varying from 0.16 to 0. 86 feet, principally at the structural pilasters. The entire east wall, except for the principal entrance to the building, has an encroachment varying from 0.40 to 0.87 feet.
These items shall be constructed, installed, maintained, used and removed to the approval of the Departments of Public Works and Neighborhood Services. All necessary permits shall have been obtained from the Departments of Public Works and City Development; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Colby-Abbott Building LLP, 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 $10,000.00 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 $1,492.26. 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 66.0915((3) 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 the Department 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
JJM:cjt
October 17, 2002
020686