Number
060591
Version
SUBSTITUTE 1
Reference
041557
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege South KK Real Estate LLC to construct and maintain two barrier free access ramps for the premises at 2797 South Kinnickinnic Avenue in the 14th Aldermanic District.
Analysis
This resolution grants an amended special privilege to South KK Real Estate LLC to construct two barrier free access ramps, replacing one existing ramp, for the premises at 2797 South Kinnickinnic Avenue.
Body
Whereas, South KK Real Estate LLC requested a special privilege to keep and maintain one barrier free access ramp for the premises at 2797 South Kinnickinnic Avenue; and
Whereas, Permission was granted in 2005 by adoption of Common Council Resolution File Number 041557; and
Whereas, The applicant is in the process of renovating the building and wants to remove the existing ramp and construct two new barrier free access ramps to two new entrances to the building; and
Whereas, Said new items 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Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 041557 is hereby rescinded; and, be it;
Further Resolved, That South KK Real Estate LLC, 1522 North Prospect Avenue #802, Milwaukee, Wisconsin 53202 is hereby granted the following special privilege:
To construct and maintain two concrete platforms with barrier free access ramp and step in the 15-foot wide west sidewalk area of South California Street. The northern platform, ramp and step will project 5 feet 3 inches into the public way commencing at a point approximately 14 feet south of the southline of South Kinnickinnic Avenue and ending at a point 18 feet to the south. The southern platform and ramp will project 5 feet 3 inches commencing at a point approximately 60 feet south of the southline of South Kinnickinnic Avenue and ending at a point 18 feet to the south. Both platforms with ramp and step will have a metal handrail. Additionally, there will be a door opening over each of the platforms, which projects 3-foot into the public right-of-way when fully open, in excess of the 12 inches allowed under Section 245-4-8 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, South KK Real Estate LLC, shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
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 such bond to be approved by the City Attorney. This 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 $50,000 covering bodily injury to any one person and $100,000 covering bodily injury to more than one person in any one accident and $20,000 covering property damage to any own 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 cancelled until after at least thirty days’ notice in writing to the City Clerk.
Pay to the City Treasurer an annual fee, which has an initial amount of $351.97. 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 no 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:lja
September 18, 2006
060591