Number
090263
Version
SUBSTITUTE 1
Reference
990378
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to Hurricane Hannah Corporation for addition of a permanent platform for a sidewalk café and an excess door swing for the premises at 2203 North Prospect Avenue, in the 3rd Aldermanic District.
Analysis
This resolution amends a special privilege to Hurricane Hannah Corporation for addition of a permanent platform for a sidewalk café and an excess door swing for the premises at 2203 North Prospect Avenue.
Body
Whereas, Hurricane Hannah Corporation requested permission to install and maintain a covered walk in the public right-of-way; and
Whereas, Permission for said covered walk was granted in 1999 under Common Council Resolution File Number 990378; and
Whereas, The applicant is now requesting permission to keep and maintain a permanent platform for a sidewalk café; and
Whereas, A site visit revealed the presence of an excess door swing projection in to the public right-of-way; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council Resolution File Number 090263 is hereby rescinded; and, be it
Further Resolved, That Hurricane Hannah Corporation, 2203 North Prospect Avenue, Milwaukee, WI 53202 is hereby granted the following special privileges:
1. To keep and maintain a multi-level, permanent platform for a sidewalk café projecting 6 feet 8 inches into the 18-foot wide, west sidewalk area of North Prospect Avenue. Said platform commences at a point approximately 35 feet north of the northline of East Kenilworth Place and extends 28 feet 10 inches to the north. The wooden structure is surrounded by a wooden railing on the north and east sides of the platform.
The applicant shall procure all required permits for operation of a sidewalk café, including a “Sidewalk Area Dining Facility” permit. Any permission and licenses that are required specifically pertaining to intoxicating liquor, wine and fermented malt beverage sales shall be obtained as required.
2. To keep and maintain a 3-foot 6-inch wide door swing, that, when fully open, projects 3 feet into the public right-of-way in excess of the 12 inches allowed under Section 245-4-8 of the Milwaukee Code of Ordinances. Said door is centered approximately 30 feet north of the northline of East Kenilworth Place.
3. To keep and maintain a 6-foot wide covered walk projecting 17 feet into the 18-foot wide, west sidewalk area of North Prospect Avenue. Said covered walk is centered approximately 25 feet north of the northline of East Kenilworth Place.
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. The minimum vertical clearance between the skirt of the covered walk and the sidewalk below is 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 to withstand snow and other loads of not less than 25 pounds per square foot and wind pressure of 20 pounds per square foot. No guy wires, brackets or diagonal braces shall be permitted lower than 8 feet above the adjacent sidewalk grade. The covering shall be of approved material.
All fixtures and materials for illumination of the covered walk shall be approved prior to installation. No sign of 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 business may be indicated only on the vertical portion of the covered walk 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.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said items shall be maintained or removed from the public right-of-way, at such future time as they are no longer needed, to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Hurricane Hannah Corporation, 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 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 own 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 cancelled 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 $504.88. 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 and 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 66.0425 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 Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:ns
September 25, 2009
090263