NUMB:
971928
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution to grant a special privilege to Hotel Metro, LLC, for a sidewalk cafe' and covered walk at 732-48 North Milwaukee Street, in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution grants permission to Hotel Metro, LLC, for a sidewalk cafe' and covered walk adjacent to the hotel and restaurant at 732-48 North Milwaukee Street.
BODY:
Whereas, The applicant desires to place 32-inch diameter tables with chairs thereby establishing a sidewalk cafe' area in the public right-of-way on the east side of North Milwaukee Street, adjacent to the premises at 732-48 North Milwaukee Street known as Hotel Metro; and
Whereas, The applicant's proposal is to delineate the cafe' area by using a 36-inch high metal railing; and
Whereas, The applicant also desires to place and maintain a covered walk at the East Mason Street entrance to the hotel; and
Whereas, Placement of these items within the public right-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 Hotel Metro, LLC, 411 East Mason Street, Milwaukee, Wisconsin 53202, is hereby granted the following special privileges:
1. To establish and maintain a sidewalk cafe' area within the east sidewalk area of North Milwaukee Street adjacent to the hotel and restaurant at 732-48 North Milwaukee Street. Said cafe' area shall be limited to occupy an area extending a maximum of 6-feet 6-inches into the 15-foot wide fully concrete paved public sidewalk area and occupy space approximately 59 feet in length, beginning at a point approximately 60 feet south of the southline of East Mason Street and extending south. A 36-inch high metal railing shall be placed around the tables and chairs. Said railing shall be placed to limit the usage of the cafe' area, so that the users will not infringe upon the through pedestrian movements at any time.
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 enclosed-in area and area about the sidewalk cafe' shall be kept clean by the restaurant personnel to the satisfaction of the Commissioner of Health.
All required permits shall be procured prior to operation of the facilities. Any permission and licenses that are required specifically pertaining to intoxicating liquor, wine and fermented malt beverage sales 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.
2. To erect and maintain a covered walk at the property known as 732-48 North Milwaukee Street. Said covered walk, 8-feet 3-inches in width, is to be centered approximately 75 feet east of the eastline of North Milwaukee Street and shall encroach approximately 11 feet into the 12-foot wide public sidewalk at this location on the south side of East Mason Street. The covered walk shall be supported by the building and by three vertical supports on each side of the structure near each corner closest to the curb. The three vertical
supports on each side of the covered walk are arranged in an "L" type fashion, centered approximately 7-feet north of the southline of East Mason Street. This will provide approximately 6-feet 9-inches of clear width for through pedestrians. The minimum vertical clearance between the skirt of the covered walk and the sidewalk below shall be 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 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 8 inches in height.
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.
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.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Hotel Metro, 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 $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 $170.06. 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
May 8, 1998
971928