Number
041025
Version
SUBSTITUTE
Reference
010263
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to DJK 47, LLC, JBC 47, LLC, TAH 47, LLC for encroachment into the public right-of-way of North Hackett Avenue of a fence with an in-ground planter and 2 moveable planters abutting the premises at 2620-2650 North Downer Avenue, in the 3rd Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants an amended special privilege to DJK 47, LLC, JBC 47, LLC, TAH 47, LLC to keep and maintain a fence with masonry planter and 2 moveable planters in the public right-of-way of North Hackett Avenue abutting 2624 North Downer Avenue, that was previously granted permission.
Body
Whereas, In 2001 Don Quijote, Inc., a tenant in the building at the time, requested a special privilege to place, construct and maintain a fence and masonry planter in the public right-of-way in conjunction with outdoor dining; and
Whereas, Permission was granted in 2001 by adoption of Common Council Resolution File Number 010263; and
Whereas, Don Quijote, Inc. vacated the premises; however, these items still remain and it is appropriate that the property owner now be the responsible party, since a new tenant will probably appreciate the screening affect that the fence provides; and
Whereas, DJK 47, LLC, JBC 47, LLC, TAH 47, LLC is the owner of the premises at 2624 North Downer Avenue; and
Whereas, A site visit also revealed the presence of two moveable planters located within an area used for outdoor seating adjacent to said fence and masonry planter; and
Whereas, For the liability to be formally transferred to the current owners, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, That Common Council Resolution File Number 010263 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that DJK 47, LLC, JBC 47, LLC, TAH 47, LLC, 316 East Silver Spring Drive, Whitefish Bay, Wisconsin 53217 is hereby granted the following special privileges:
1. To keep and maintain a 7-foot high wood fence that is surrounded by a 1-foot high masonry planter encroaching 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 perpendicularly into the right-of-way from the north end of the building. The 1-foot high masonry planter is approximately 2 feet 4 inches wide. Both the fence and the masonry planter extend 9 feet into the public right-of-way of North Hackett Avenue, in the west sidewalk area.
2. To keep, use and maintain two moveable planters located on the northwesterly side of North Hackett Avenue, south of the fence and masonry planter of item #1 above. The planters are approximately 18 inches in diameter and 2 feet tall.
Said items shall be used and maintained to the satisfaction of the Commissioners of the Departments of Public Works and Neighborhood Services. Said items shall be removed from the public right-of-way, at such future time as they are no longer needed to the satisfaction of said Departments; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, DJK 47, LLC, JBC 47, LLC, TAH 47, 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 $3,000.00 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 $25,000.00 covering bodily injury to any one person and $50,000.00 covering bodily injury to more than one person in any one accident and $10,000.00 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 $144.83. 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 66.0425 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 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
MDL:cjt
February 21, 2005
041025