NUMB:
981404
VERS:
SUBSTITUTE
REF:
980388
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to The Big Apple Corporation d/b/a Bayou, to place a covered walk and two movable sidewalk planters on the west side of North Water Street within the public right-of-way at the 1133-37 building entrance to now change the name of the grantee of the special privilege to Bayou L.L.C., in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution amends a special privilege granted to The Big Apple Corporation d/b/a Bayou, to place and maintain a covered walk and two movable sidewalk planters on the west side of North Water Street, encroaching into the public right-of-way abutting the premises at 1133-37 North Water Street, to now change the name of the grantee of the special privilege to Bayou L.L.C.
BODY:
Whereas, The Big Apple Corporation d/b/a Bayou was granted a special privilege under Common Council Resolution File Number 980388, adopted on July 24, 1998, to place and maintain a covered walk and two movable sidewalk planters within the public right-of-way at the North Water Street entrance to the building located at 1133-37 North Water Street; and
Whereas, The current owner of the business is Bayou L.L.C., and should now be named as the grantee of the special privilege; and
Whereas, Said covered walk and sidewalk planters 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Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 980388 is hereby rescinded; and, be it
Resolved, By the Common Council of the City of Milwaukee that Bayou L.L.C., 14011 North Port Washington Road, Mequon, WI 53097, is hereby granted the following special privileges:
1. To keep and maintain a covered walk at the property known as 1133-37 North Water Street. Said covered walk, 7-feet 5-inches in width, is centered approximately 47 feet south of the southline of East Juneau Avenue and encroaches approximately 10 feet into the 12-foot wide fully concrete paved sidewalk area on the west side of North Water Street at the 1133-37 North Water Street 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 nearest the curb is centered approximately 2 feet from the curbline. There is an approximately 7-foot 5-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 shall be 8-feet 4-inches. Draperies at the front corners shall be allowed as long as they are in good taste and do not cause a hazard.
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 12 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.
Said covered walk shall be constructed, installed, maintained and used to the approval of the Departments of Public Works and Neighborhood Services.
2. To keep and maintain two 24-inch diameter above-ground flower pots/planters within the 12-foot wide fully concrete paved public sidewalk area on the west side of North Water Street abutting the building at 1133-37 North Water Street. Said planters shall be placed on either side of the main entrance to the building, which is centered approximately 47 feet south of the southline of East Juneau Avenue.
Said flower pots/planters shall be placed and maintained to the approval of the Departments of Public Works and Neighborhood Services. The plant material shall be approved by and maintained to the satisfaction of the City Forester.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Bayou L.L.C., 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 $105.00. 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
February 8, 1999
981404