Number
981646
Version
SUBSTITUTE
Reference
900526
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to change the name to Mr. Bruce M. Peckerman and Jeanette C. Peckerman for encroachments in the public right-of-way at 920 East Mason Street, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants an amended special privilege to Mr. Bruce M. Peckerman and Jeanette C. Peckerman to keep and maintain a covered walk with rigid side panels, for the premises at 920 East Mason Street, that the previous owner had received permission to have.
Body
Whereas, Michael J. Cudahy requested a special privilege to install and maintain a covered walk and a bench; and
Whereas, Permission was granted in 1990 by adoption of Common Council Resolution File Number 900526; and
Whereas, The bench has since been removed from the public right-of-way; and
Whereas, Bruce M. Peckerman and Jeanette C. Peckerman are the current owners; and
Whereas, Said covered walk with rigid side panels may only legally occupy 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Resolved, That Common Council Resolution File Number 900526 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Bruce M. Peckerman and Jeanette C. Peckerman, 920 East Mason Street, Milwaukee, Wisconsin 53202 are hereby granted the following special privilege:
To keep and maintain a covered walk with rigid side panels at the entrance to the premises at 920 East Mason Street, centered approximately 27 feet west of the westline of North Prospect Avenue and encroaches approximately 11 feet into the 13-foot 6-inch, north sidewalk area of East Mason Street. The 8-foot 6-inch wide covered walk is supported by the building at one end and by four vertical supports, two on each side, toward the curb. The area between these outer columns, approximately 4 feet in width, is filled in with rigid side panels. The upper portion of the rigid side panels are made of clear tempered glazing, which extends between the top horizontal members, approximately 9 feet above the sidewalk grade, to horizontal supports for the glazing, approximately 3 feet above sidewalk grade. The lower portion of the rigid side panels, below the horizontal support for the tempered clear glazing, is made of steel plate, which reaches a point approximately 6 inches above sidewalk grade. Said covered walk is approximately 2 feet from the north curb face of East Mason Street. Parallel to the curb there is an approximate 8-foot 4-inch opening between the vertical supports. A minimum 6-foot 11-inch wide clear area exists and shall continue to be maintained in the north sidewalk area of East Mason Street for a clear travel path for pedestrians. The minimum vertical clearance between the covered walk and the sidewalk is 8 feet.
Said covered walk shall generally be constructed and maintained in accdordance 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 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 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 business may be indicated only on the vertical portion of the covering and not to exceed 2 feet 6 inches in height.
Prior to installation, the grantee shall apply for and obtain "Loading Zone" or "No Parking" status adjacent to the proposed covered walk location and maintain this status as long as the covered walk occupies the public right-of-way.
The above-mentioned covered walk shall be used and maintained to the approval of the Commissioners of Public Works and 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, Bruce M. Peckerman and Jeanette C. Peckerman, 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 $1,000.00 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 $25,000.00 covering bodily injury to any one person and $50,000.00 covering bodily injury to more than one person in any one accident and $10,000.00 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 $575.00. 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 66.0425 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 30, 2005
981646