Number
050122
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Kilbourn Tower, LLC to construct and maintain 17 moveable planters in the public right-of-way for the premises of 923 East Kilbourn Avenue, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to Kilbourn Tower, LLC to construct and maintain 16 moveable planters and underground electrical conduit to each planter in the public right-of-way abutting 923 East Kilbourn Avenue.
Body
Whereas, Kilbourn Tower, LLC desires to beautify the area adjacent to its new building by installing planters along the sidewalks abutting the building; and
Whereas, The petition also requests permission for conduit to each planter; and
Whereas, The applicant decided not to install one of the planters due to its proximity to the street corner; and
Whereas, Said moveable planters and conduit 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 Kilbourn Tower, LLC, 225 East Mason Street, Suite 100, Milwaukee, Wisconsin 53202 is hereby granted the following special privileges:
1. To construct and maintain nine moveable planters in the south sidewalk area of East Kilbourn Avenue, which has a minimal width of 20 feet. Four of said planters are 8-foot square and 3-foot tall and are centered approximately 52, 64, 76 and 116 feet west of the westline of North Prospect Avenue. Five of said planters are 4-foot long, 8-foot wide and 1-foot 7-inches tall and are centered approximately 2, 10, 18, 26 and 42 feet west of the westline of North Prospect Avenue. There is an 8-foot wide clear pedestrian path between the property line and said planters, which shall be maintained at all times.
2. To construct and maintain seven moveable planters in the west sidewalk area of North Prospect Avenue, which has a minimal sidewalk width of 15 feet. Three of said planters are 4-foot long, 8-foot wide and 1-foot 7-inches tall and are centered approximately 3, 19 and 31 feet south of the southline of East Kilbourn Avenue. Four of said planters are 6-foot long, 8-foot wide and 3-foot tall and are centered approximately 52, 63, 75 and 85 feet south of the southline of East Kilbourn Avenue. There is an 8-foot wide clear pedestrian path between the property line and said planters, which shall be maintained at all times.
3. To construct and maintain underground electrical conduit which commences at the westline of North Prospect Avenue at a point approximately 48 feet south of the southline of East Kilbourn Avenue. Said conduit runs under the center of each of the aforementioned planters of items #1 & #2. Said conduit is ¾ inch PVC and is 250 feet long.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained prior to the granting of this special privilege.
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 accepting this special privilege the grantee, Kilbourn Tower, 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 $3,000.00 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.
3. Pay to the City Treasurer an annual fee, which has an initial amount of $490.00. 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 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.
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
November 28, 2005
050122