Number
031292
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Patton Funeral Services, LLC to keep, use and maintain a covered walk and excess door swing, encroaching within the public right-of-way on the west side of North Teutonia Avenue at 2535 North Teutonia Avenue at the building entrance, in the 15th Aldermanic District in the City of Milwaukee.
Analysis
This special privilege grants Patton Funeral Services, LLC permission to keep, use and maintain a covered walk encroaching into the public right-of-way on the west side of North Teutonia Avenue abutting the premises at 2535 North Teutonia Avenue. It also allows an existing door, which has an excess swing to continue to do so.
Body
Whereas, The applicant desires to have a covered walk at 2535 North Teutonia Avenue, which extends into the public right-of-way on the west side of North Teutonia Avenue; and
Whereas, The vertical clearance provided by the present structure is less than is required by Common Council Resolution File Number 62-1211-a, being a policy resolution regarding covered walk structures; and
Whereas, Said subnormal clearance can be allowed to remain until its conditions or other factors dictate that it is to be replaced and then only by a covering that provides at least 8 feet of vertical clearance; and
Whereas, Our field investigation also revealed there is one externally swinging door that has an excess encroachment; and
Whereas, Said covered walk and excess door swing encroachments 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 Patton Funeral Services, LLC, 2535 North Teutonia Avenue, Milwaukee, WI 53206 is hereby granted the following special privileges:
1. To install, keep and maintain a covered walk at the property known as 2535 North Teutonia Avenue. Said covered walk, 7.5 feet in width, is centered approximately 260 feet north of the northline of West Wright Street and encroaches approximately 6 feet 10 inches into the 8-foot wide sidewalk area on the west side of North Teutonia Avenue at the 2535 North Teutonia Avenue address. The covered walk is supported by the building and by two vertical supports near each corner closest to the curb along each side of the covered walk. Each vertical support is centered approximately 1-foot 6 inches west of the present curbline. The minimum vertical clearance between the skirt of the covered walk and the sidewalk below is approximately 7.4 feet.
Said covered walk shall generally be constructed 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 8 feet above the sidewalk level. The covering shall be of approved material.
All fixtures and materials for illumination of the covered walk 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 shall not exceed 12 inch lettering and a 3 foot logo.
The grantee will be required to keep a "Loading Zone" or have a "No Parking" status adjacent to the covered walk as long as the covered walk occupies the public right-of-way.
Permits shall be obtained from the Departments of Public Works, and City Development for the covered walk structure itself and from the Department of Public Works to occupy the right-of-way, as necessary.
Said covered walk and excess door swing shall be maintained and used to the approval 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, Patton Funeral Services, 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 $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 $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 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 $76.03. 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.
; and; be it
Further Resolved, That when the structure's covering is replaced for any reason whatsoever, the vertical clearance provided SHALL BE at least 8 feet and if not done, it will be ordered to be done and at no expense to the City of Milwaukee.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
JJM:cjt
February 13, 2004
031292