NUMB:
971696
VERS:
SUBSTITUTE
REF:
970740
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to George Jenich d/b/a Manhattan's to place a covered walk on the east side of North Old World Third Street within the public right-of-way at the 730 North Old World Third Street building entrance, to now place a sidewalk cafe' in the public right-of-way abutting the premises and to change the name of the grantee of the special privilege to Swity, Inc. in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This special privilege allows the continued use of a covered walk in the public right-of-way adjacent to the premises at 730 North Old World Third Street, and now allows placement and maintenance of a sidewalk cafe' abutting the premises and changes the name of the grantee of the special privilege from George Jenich d/b/a Manhattan's to Swity, Inc.
BODY:
Whereas, George Jenich d/b/a Manhattan's was granted a special privilege to place a covered walk adjacent to the premises at 730 North Old World Third Street; and
Whereas, Swity Inc. now occupies the premises at 730 North Old World Third Street and wishes to change the name on the existing special privilege in order to reflect their occupancy; and
Whereas, Swity, Inc., wishes to place a sidewalk cafe' in the public right-of-way adjacent to the premises in addition to the continued existence of the covered walk; and
Whereas, Said covered walk and sidewalk cafe' may only legally occupy the public way by the granting of a special privilege; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 970740 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Swity Inc. 730 North Old World Third Street, Milwaukee, WI 53203, is hereby granted the following special privileges:
1. To keep and maintain a covered walk at 730 North Old World Third Street. Said covered walk, 6-feet 3-inches in width, is centered approximately 200 feet south of the southline of East Wells Street and encroaches approximately 13 feet into the 15-foot wide sidewalk area on the east side of North Old World Third Street. The covered walk shall be supported by the building and by a vertical support near each corner closest to the curb. Each vertical support consists of three posts arranged in a corner like fashion, with the outermost posts centered approximately 2 feet from the curbline. There is an approximate 6-foot 3-inch wide opening between the vertical supports, which parallel the curb face. The minimum vertical clearance between the skirt of the covered walk and the sidewalk below is 8 feet and shall not be less than 8 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 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
name, street number, or character of thebusiness may be indicated only on the vertical portion of the covering and shall not exceed 8 inches in height. A diamond shaped logo, with approximately 24-inch sides, is located on the front vertical portion of the covered walk.
The grantee presently has a loading zone and therefore 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.
Said covered walk shall be constructed, installed, maintained and used to the approval of the Commissioner of Public Works and the Commissioner of Building Inspection.
Prior to installation, permits shall be obtained from the Commissioners of Public Works and Building Inspection for the covered walk structure itself and from the Commissioner of Public Works to occupy the right-of-way during construction.
2. To establish and maintain a sidewalk cafe' area within the east sidewalk area of North Old World Third Street adjacent to the building at 730 North Old World Third Street. Said cafe' area shall be limited to occupy an area extending a maximum of 2 feet into the 15-foot wide fully paved public sidewalk and occupy a space approximately 25 feet in length extending south from a point approximately 203 feet south of the southline of East Wells Street. Tables located in the cafe' area shall be placed with the chairs placed at each end in such a manner so their placement/usage will not infringe upon the through pedestrian movement at any time. Only two chairs per table shall be used.
Said tables and chairs shall be removed from the public right-of-way during nonbusiness hours. No business transactions shall take place within the public right-of-way.
The area about the sidewalk cafe' shall be kept clean by the coffee house personnel to the satisfaction of the Commissioner of Health.
Said cafe' shall be operated and maintained to the satisfaction of the Commissioners of Public Works, Building Inspection and Health; however, required permits shall be procured prior to operation of the facilities. Any permission and licenses that are required specifically pertaining to the sale of intoxicating liquor, wine and fermented malt beverages shall be obtained prior to beginning that type of activity. The cafe' area may be operated during normal business hours.
Violation of the City's Noise ordinances or other verifiable evidence of nuisances or conduct of business operations resulting in same may result in restriction of operating hours by the alderman or revocation of this privilege by the Council.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Swity, Inc., a Wisconsin 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 $1,000 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 $87.50. 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 66.045 of the Wisconsin Statutes (1979), 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 Building Inspection shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
March 23, 1998
971696