Number
000603
Version
SUBSTITUTE
Reference
950933
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege granted to Great American Insurance Company to keep and maintain a covered walk on the east side of North Broadway, ten above-ground planters on the east side of North Broadway and on the south side of East Buffalo Street and to construct and maintain brick pavers on the east side of North Broadway, to now change the name of the grantee of the special privilege to Broadway Condominium Association, Inc., and allow eleven concrete planters in the public rights-of-way, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege granted to Great American Insurance Company to keep and maintain a covered walk on the east side of North Broadway, ten above-ground planters on the east side of North Broadway and on the south side of East Buffalo Street and to construct and maintain brick pavers on the east side of North Broadway, encroaching into the public right-of-way abutting the premises at 234 North Broadway, by changing the name of the grantee of the special privilege to Broadway Condominium Association, Inc., and allowing eleven planters in the public rights-of-way.
Body
Whereas, Great American Insurance Company was granted a special privilege under Common Council Resolution File Number 950933, on November 6, 1995, to construct, keep and/or maintain a covered walk, ten above-ground concrete planters and brick pavers adjacent to the building located at 234 North Broadway; and
Whereas, Field investigation found that there are now eleven concrete planters on the sidewalk area adjacent to the property, eight on the east side of North Broadway and three on the south side of East Buffalo Street; and
Whereas, The representative of the owners of the property is Broadway Condominium Association, Inc., and should now be named as the grantee of the special privilege; and
Whereas, Said covered walk, above-ground concrete planters and brick pavers may only legally occupy the public right-of-way by the granting 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Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 950933 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that The Broadway Condominium Association, Inc., c/o Ogden & Co., Inc., 1665 North Water Street, Milwaukee, WI 53202, is hereby granted the following special privileges:
1. To keep and maintain a covered walk at 220-246 North Broadway. Said covered walk, 10 feet wide, is centered approximately 136 feet south of the southline of East Buffalo Street and encroaches approximately 18 feet into the 20-foot wide fully concrete paved public sidewalk area on the east side of North Broadway. The covered walk is supported by the building at one end and by three pairs of vertical supports. Each pair of vertical supports is centered approximately 2, 9 and 18 feet east of the curbline. There is an approximate 10-foot wide opening between the vertical supports, which parallel the curb face. The minimum vertical clearance between the skirt of the covered walk and the sidewalk below is 8 feet.
Said covered walk shall generally be maintained 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 7 feet above the sidewalk level. The covering shall be of any approved material.
All fixtures and materials for illumination of covered walks shall be indicated upon 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 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.
The grantee shall apply for and obtain "Loading Zone" or "No Parking Zone" status adjacent to the covered walk location and maintain this status as long as the covered walk occupies the public way. Permits shall be obtained from the Commissioner of Neighborhood Services for the structure itself and from the Commissioner of Public Works to occupy the right-of-way during installation.
2. To keep and maintain eleven 4-foot diameter above-ground concrete planters on the east side of North Broadway and the south side of East Buffalo Street abutting the premises at 220-246 North Broadway: three planters on the south side of East Buffalo Street are located approximately 11 feet north of the southline of East Buffalo Street and centered approximately 20, 60, and 100 feet east of the eastline of North Broadway; six above-ground concrete planters on the east side of North Broadway are located approximately 3 feet west of the eastline of North Broadway and centered approximately 40, 60, 80, 100, 160 and 180 feet south of the southline of East Buffalo Street; two above-ground concrete planters will flank each side of the covered walk and are located approximately 3 feet west of the eastline of North Broadway and are centered approximately 120 feet south of the southline of East Buffalo Street. The plantings shall be to the approval of the City Forester.
3. To keep and maintain brick pavers in an area approximately 30 feet wide, centered approximately 134 feet south of the southline of East Buffalo Street extending from the curbline to the building, which includes the main walking path of the sidewalk area on the east side of North Broadway, abutting the property at 220-246 North Broadway.
Said covered walk, planters and brick pavers shall be maintained and used to the approval of the Commissioners of Neighborhood Services and Public Work
;and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Broadway Condominium Association, Inc., 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 $2,000.00 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 $240.00. 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.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
JJM:cjt
October 11, 2000
000603