Number
020284
Version
SUBSTITUTE 1
Reference
542192A
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to now grant permission to Bostco, LLC for encroachment into the public right-of-way of an excess width marquee, two concrete platforms with ramps and steps and steel handrail, four excess door swings and one covered walk on the North 4th Street side of the building at 331 West Wisconsin Avenue, in the 4th Aldermanic District of the City of Milwaukee.
Analysis
This resolution formally grants an amended special privilege to keep and maintain an excess width marquee, two concrete platforms with ramps, steps and steel handrail, four excess door swings and one covered walk on the North 4th Street side of the building at 331 West Wisconsin Avenue.
Body
Whereas, Milwaukee Boston Store Company, Division of Federated Department Stores Incorporated, requested a special privilege for an excess width marquee on the east side of North 4th Street; and
Whereas, Permission was granted in 1955 by adoption of Common Council Resolution File Number 54-2192A; and
Whereas, Ownership for the buildings known now as 331 West Wisconsin Avenue has transferred to Bostco, LLC, an organized condominium; and
Whereas, The applicant, Bostco, LLC, remodeled the building at 331 West Wisconsin Avenue, developing store, office and residential spaces, and is desirous to provide barrier-free access to two separate entrances on the North 4th Street side of said building; and
Whereas, Now that construction is completed it is possible to ascertain the total extent of the encroachments into the public right-of-way of North 4th Street; and
Whereas, There are five excess door swing encroachments over the two platforms built as a component of the barrier-free access ramps; and
Whereas, All of the door swings project further than the 12 inches allowed under Section 245-4-8 of the Code of Ordinances of the City of Milwaukee; and
Whereas, The applicant has also petitioned through Wispark Corporation, a codeveloper, under Common Council File Number 030229, for permission for an awning over the southern barrier-free access ramp and platform, which provides some protection from inclement weather as well as to bring attention to the barrier-free access ramp, platform and, overall, the entrance itself; and
Whereas, Said awning is, in fact, a covered walk structure, which is covered under Sec. 245-13 of the Code of Ordinances of the City of Milwaukee; and
Whereas, To consolidate the special privileges, permission for said covered walk will be included in the subject resolution; and
Whereas, For the liability to be formally transferred to the current owners for the existing marquee, the Common Council needs to adopt an amending resolution; and
Whereas, The two barrier-free access areas, each with platform, ramp, steps and steel handrail, five excess door swings and the covered walk may only legally encroach into the public right-of-way by the granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
Resolved, That Common Council Resolution File Number 54-2192A is hereby rescinded; and, be it
Further Resolved, That Common Council Resolution File Number 030229 is hereby Placed on File; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Bostco, LLC, c/o Jerry Franke, 331 West Wisconsin Avenue, Suite 400, Milwaukee, Wisconsin 53203 is hereby granted the following special privileges:
1. To keep, use, and maintain a concrete platform and barrier-free access ramp with steel handrail, in the 15-foot wide, east sidewalk area of North 4th Street. Said ramp and platform are approximately 5 feet 6 inches wide and 31 feet 4 inches long and are centered approximately 139 feet south of the southline of West Wisconsin Avenue. Said platform has steps along its south end and west side near the south and opposite the south single door of item #2. Said steps do not encroach into the public right-of-way beyond 5 feet 6 inches.
2. To keep, use and maintain two excess door swing encroachments comprised of two single 3-foot wide doors, which project over the platform of item #1. Said doors are centered approximately 145 and 155 feet south of the southline of West Wisconsin Avenue. Said door swings project further than the 12 inches allowed under Sec. 245-4-8 of the Code of Ordinances of the City of Milwaukee.
3. To keep and maintain a marquee centered approximately 139 feet south of the southline of West Wisconsin Avenue in the 15-foot wide, east sidewalk area of North 4th Street. Said marquee is approximately 34 feet in length, parallel to the building, which is in excess of the length, parallel to the building, allowed by Section 245-10-3 of the Code of Ordinances of the City of Milwaukee. Section 245-10-3 permits a length, parallel to the building, equivalent to the width of the door(s) plus 10 feet. The combined width of the existing doors under said marquee is approximately 15 feet. A minimum 10-foot clearance is maintained between the bottom of the marquee and the sidewalk.
4. To keep, use and maintain a concrete platform and barrier-free access ramp with steel handrail, in the 15-foot wide, east sidewalk area of North 4th Street. Said ramp and platform are approximately 5 feet 6 inches wide and 32 feet 7 inches long and are centered approximately 231 feet south of the southline of West Wisconsin Avenue. Said platform has steps along its north and west side near the north and opposite the double doors of item #6. Said steps do not encroach into the public right-of-way beyond 5 feet 6 inches.
5. To keep, use and maintain one excess door swing encroachment comprised of a single 3-foot wide door, which projects over the platform of item #4 and is centered approximately 233 feet south of the southline of West Wisconsin Avenue. Said door swing projects further than the 12 inches allowed under Sec. 245-4-8 of the Code of Ordinances of the City of Milwaukee.
6. To keep, use and maintain one excess door swing encroachment comprised of a set of double doors. Each door of the set is 3 feet wide and projects over the platform of item #4. The set is centered approximately 227 feet south of the southline of West Wisconsin Avenue. Said door swings project further than the 12 inches allowed under Sec. 245-4-8 of the Code of Ordinances of the City of Milwaukee.
7. To keep and maintain a covered walk in the 15-foot wide, east sidewalk area of North 4th Street. Said structure projects approximately 7 feet into the public right-of-way for a length of approximately 17 feet 6 inches and is supported by two steel supports, one located 2 feet south of the north end and one located 2 feet north of the south end. Said structure is centered approximately 231 feet south of the southline of West Wisconsin Avenue. There is a minimum 8-foot clearance between the bottom of the covering and the sidewalk grade.
Said above-mentioned items shall be kept, used and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits for the above items shall have been obtained prior to construction. 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, Bostco, 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 $10,000.00 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 $100,000.00 covering bodily injury to any one person and $200,000.00 covering bodily injury to more than one person in any one accident and $40,000.00 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 $368.62. 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 66.0425 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 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
MDL:cjt
March 14, 2005
020284