Number
010450
Version
SUBSTITUTE
REFERENCE
SPONSOR
THE CHAIR
Title
Substitute resolution granting a special privilege to DISH Corporation, for steps leading to a rear patio area, a concrete wall, front steps and the building to encroach into the public rights-of-way of North Water Street and North Humboldt Avenue at 1875 North Humboldt Avenue, in the 3rd Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to DISH Corporation for rear patio steps, a concrete wall, front steps and the building to encroach into the public rights-of-way, at 1875 North Humboldt Avenue.
Body
Whereas, DISH Corporation is the owner of the building located at 1875 North Humboldt Avenue, which is undergoing exterior renovation, which includes construction of a rear patio area; and
Whereas, They propose that new steps and concrete walls adjacent to the patio area extend into the public right-of-way on the easterly side of North Water Street; and
Whereas, A review of the plans found that existing front steps and portions of the building encroach into the public rights-of-way; and
Whereas, Encroachment of the steps, walls and building into the public rights-of-way can only be allowed through the adoption of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that DISH Corp., 1842A North Warren Avenue, Milwaukee, WI 53202, is hereby granted the following special privileges:
1. To construct and maintain one set of patio steps within the easterly sidewalk area of North Water Street adjacent to the building at 1875 North Humboldt Avenue. Said steps shall encroach approximately 4 feet into the 15-foot wide sidewalk area of North Water Street, and are approximately 8 feet wide including a 1-foot concrete wall on each side. A 6-foot wide concrete sidewalk at this loction will be unaffected by the steps and will provide for through pedestrian movements. The steps are to be centered approximately 74 feet west of the westline of North Humboldt Avenue.
2. To construct and maintain an approximately 3.5-foot high and 1-foot wide concrete wall which will extend approximately 4 feet into the 15-foot wide sidewalk area, on the easterly side of North Water Street, adjacent to the property at 1875 North Humboldt Avenue. The wall will be located approximately 100 feet west of the westline of North Humboldt Avenue.
3. To keep and maintain one set of front steps within the west sidewalk area of North Humboldt Avenue adjacent to the building at 1875 North Humboldt Avenue. Said steps encroach 4 feet into the 15.75-foot sidewalk area of North Humboldt Avenue. The 6-foot wide concrete sidewalk at this location is unaffected by the steps and provides for through-pedestrian movements. Said steps are approximately 5 feet 8 inches wide with a 1-foot wide concrete wall on each side.
4. To keep and maintain the east wall of the building at 1875 North Humboldt Avenue which projects 0.6 feet into the public right-of-way on the west side of North Humboldt Avenue, for a distance of approximately 20.6 feet, beginning approximately 4 feet south of the eastline of North Water Street.
5. To keep and maintain a portion of the northwest corner of the building at 1875 North Humboldt Avenue, which projects in a triangular fashion a maximum of 0.5 feet into the public right-of-way, on the south side of North Water Street, approximately 52 feet west of the westline of North Humboldt Avenue.
Said steps, walls and building encroachments shall be constructed, used and/or maintained to the satisfaction of the Commissioners of Public Works and Neighborhood Services. All required permits shall be procured prior to beginning construction. Said items shall be removed from the public right-of-way in such future time as they are no longer needed, to the satisfaction of the Departments 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, DISH Corporation, 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 $5,000.00 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 $144.65. 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 66.0915((3) 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
JJM:cjt
September 10, 2001
010450