NUMB:
971972
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution to grant a special privilege to MJE Inc. d/b/a Hi Hat Lounge for a sidewalk cafe' and movable sidewalk planters at 1701 North Arlington Place, in the 3rd Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution grants permission to MJE Inc. d/b/a Hi Hat Lounge, for a sidewalk cafe' and movable sidewalk planters adjacent to the restaurant at 1701 North Arlington Place.
BODY:
Whereas, The applicant, the tenant at this property, desires to place 24-inch round or square tables with chairs thereby establishing a sidewalk cafe' area in the public right-of-way on the north side of East Brady Street adjacent to the premises at 1701 North Arlington Place; and
Whereas, Two movable sidewalk planters are also proposed to be placed in the public right-of-way at each end of the sidewalk cafe' area; and
Whereas, The property owner was granted a special privilege under Common Council Resolution File Number 970711, allowing steps to encroach approximately 4 feet directly east of the proposed cafe' area; and
Whereas, Placement of the sidewalk cafe' and sidewalk planters 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 MJE Inc. d/b/a Hi Hat Lounge, 1701 North Arlington Place, Milwaukee, WI 53202, is hereby granted the following special privileges:
1. To establish and maintain a sidewalk cafe' area within the north sidewalk area of East Brady Street adjacent to the premises at 1701 North Arlington Place. Said cafe' area shall be limited to occupy an area extending a maximum distance of 2 feet into the available 13-foot wide fully concrete paved public sidewalk area and occupy space approximately 54 feet in length. Said area shall begin at a point approximately 6 feet west of the westline of North Arlington Place and extend west.
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 personnel of the premises 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.
2. To place and maintain two 24-inch square above-ground planters within the 13-foot wide fully concrete paved public sidewalk area on the north side of East Brady Street at 1701 North Arlington Place. Said planters shall be placed abutting the building on each side of the sidewalk cafe' area to be placed at this location.
Said planters shall be placed and maintained to the approval of the Commissioners of Public Works and Building Inspection. All necessary permits shall be obtained from the Commissioners of Public Works and Building Inspection prior to placement of these items in the City of Milwaukee public right-of-way. 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, MJE Inc. d/b/a Hi Hat Lounge, 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 $57.00. 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
May 8, 1998
971972