NUMB:
971980
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution to grant a special privilege to Starbucks Coffee Company, for a sidewalk cafe' at 1677 North Farwell Avenue, in the 3rd Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution grants permission to Starbucks Coffee Company, for a sidewalk cafe' adjacent to the coffee house at 1677 North Farwell Avenue.
BODY:
Whereas, The applicant desires to place tables with chairs thereby establishing sidewalk cafe' areas on the sidewalk on the south side of East Brady Street and the west side of North Farwell Avenue adjacent to the premises at 1677 North Farwell Avenue; and
Whereas, Placement of these items on the sidewalks 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 Starbucks Coffee Company, Attn: Carolyn Pomerentke, Property Management P.O. 34067, M.S. S-RE3, Seattle, WA 98134-1067, is hereby granted the following special privilege:
To establish and maintain sidewalk cafe' area on the sidewalk on the south side of East Brady Street and the west side of North Farwell Avenue adjacent to the coffee house at 1677 North Farwell Avenue. Said cafe' areas shall be limited to occupy areas as follows: on North Farwell Avenue - maximum projection of 1.5 feet with 2 chairs/table for a length of approximately 28 except at premises entry beginning at corner of building; and extending southerly on East Brady Street - maximum projection of 5.8 feet with either 3 or 4 chairs/table for a length of approximately 11.5 feet; in the transition area - maximum projection of 5.8 feet with either 3 or 4 chairs/table for a length of approximately 23 feet. The 4 chairs/table grouping may include an umbrella.
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, and 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, Starbucks Coffee Company, 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 $1,000.00 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 $57.22. 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
June 1, 1998
971980