Number
110106
Version
SUBSTITUTE 1
Reference
091220
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to First MKM LLC for tree grates with guards, historic building encroachments and a moveable planter for the premises at 225 East Michigan Street, in the 4th Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to First MKM LLC for tree grates with guards, historic building encroachments and a moveable planter for the premises at 225 East Michigan Street.
Body
Whereas, Stonewater Historic Milwaukee LLC requested permission to keep and maintain tree grates with guards, a moveable planter, and historic building encroachments in the public right-of-way adjacent to the subject premises; and
Whereas, Permission for said items was granted in 2010 under Common Council Resolution File Number 091220; and
Whereas, First MKM LLC now owns the subject property; and
Whereas, For the liability for said items to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 091220 is hereby rescinded; and, be it
Further Resolved, That First MKM LLC, 10275 West Higgins Road, Suite 300, Rosemont, Illinois 60018, is hereby granted the following special privileges:
1. To keep and maintain two, 4-foot square tree grates with guards in the south, 12-foot wide sidewalk area of East Michigan Street. Said tree grates are centered approximately 172 and 212 feet east of the eastline of North Water Street and 8 feet north of the southline of East Michigan Street.
2. To keep and maintain a moveable planter in the south, 12-foot wide sidewalk area of East Michigan Street centered approximately 153 feet east of the eastline of North Water Street and 3 feet north of the southline of East Michigan Street. Said planter is 2 feet in diameter and 1 foot 6 inches tall.
3. To keep and maintain six historic façade sections projecting up to 1 foot 8 inches into the south, 12-foot wide sidewalk area of East Michigan Street. Said façade sections, which vary in length between 4 feet and 5 feet, are evenly spaced between the north-south alley abutting the subject premises and the westline of North Broadway and are centered about the main entrance located at the center of the building façade. Said façade components project into the public way in excess of the 8 inches allowed under Section 245-4-3 of the Milwaukee Code of Ordinances.
4. To keep and maintain a historic entrance façade consisting of two, 6-foot long nonstructural columns projecting up to 5 feet 9 inches into the south, 12-foot sidewalk area of East Michigan Street. The nonstructural columns are centered about a point approximately 60 feet west of the westline of North Broadway. Said nonstructural columns project more than the 8 inches allowed under Section 245-4-3 of the Milwaukee Code of Ordinances.
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, First MKM LLC, shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
File with the Commissioner of Public Works 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. The insurance policy shall provide that it shall not be cancelled until after at least thirty days’ notice in writing to the Commissioner of Public Works.
Pay to the City Treasurer an annual fee, which has an initial amount of $35.00. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
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.
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.
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
August 12, 2011
110106