Number
010263
Version
SUBSTITUTE
REFERENCE
SPONSOR
THE CHAIR
Title
Substitute resolution granting a special privilege to Don Quijote, Inc. to keep and maintain a fence and masonry planter in the public right-of-way of North Hackett Avenue abutting the premises of 2624 North Downer Avenue, in the 3rd Aldermanic District of the City of Milwaukee.
Analysis
This resolution grants a special privilege to Don Quijote, Inc. to install and maintain a fence and masonry planter in the public right-of-way of North Hackett Avenue abutting the premises of 2624 North Downer Avenue.
Body
Whereas, The applicant desires to install a 7-foot high wood fence within the public right-of-way, that will block the view of outdoor seated customers seeing the dumpsters located on an adjacent property; and
Whereas, Our recent field investigation found the fence to be in place surrounded by a 1-foot high masonry planter and there are two outdoor lights attached to the fence; and
Whereas, Said fence with lights and masonry planter may only legally occupy the public way by the granting of this special privilege; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Don Quijote Restaurant, 2624 North Downer Avenue, Milwaukee, WI 53211, is hereby granted the following special privilege:
To keep and maintain a 7-foot high wood fence, that is surrounded by a 1-foot high masonry planter, and encroaches approximately 8 feet into the public right-of-way of North Hackett Avenue adjacent to the premises at 2624 North Downer Avenue. The fence is located on the northwesterly side of North Hackett Avenue and extends into the right-of-way from the north end of the building in a perpendicular fashion. The fence has two outdoor lights attached to it, which are not to be placed such that vehicles on the adjacent street will be adversely affected. The 1-foot high masonry planter is approximately 2 feet 4 inches wide and extends approximately 9 feet into the right-of-way.
Said fence and masonry planter shall be erected and/or maintained and used to the approval of the Commissioners 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, Don Quijote, Inc., 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 $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 $98.80. 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 66.0915((3) 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.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
JJM:cjt
July 19, 2001
010263