Number
060440
Version
ORIGINAL
Reference
031468
Sponsor
THE CHAIR
Title
Resolution amending the surety bond requirement, which exceeds the maximum surety bond requirement allowed under the Milwaukee Code of Ordinances, for the special privilege granted to Shasha, LLC for a balcony/deck structure and signage for the premises at 2028 East North Avenue, in the 3rd Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends the surety bond requirement, which exceeds the maximum surety bond requirement allowed under the Milwaukee Code of Ordinances, for the special privilege granted to Shasha, LLC for a balcony/deck structure and signage for the premises at 2028 East North Avenue.
Body
Whereas, Shasha, LLC petitioned for a special privilege to construct and maintain a balcony/deck structure with columns and signage in the public right-of-way; and
Whereas, Permission for said items was granted in 2004 under Common Council File Number 031468; and
Whereas, Common Council File Number 031468 required a $100,000 surety bond; and
Whereas, Section 245-12.3(b) of the Milwaukee Code of Ordinances limits the surety bond requirement to a maximum of $10,000; and
Whereas, After consulting with the Council Records Manager, it was determined that the surety bond requirement does not constitute a simple clerical error and, thus, the bond requirement can only be adjusted by Common Council action; and
Whereas, This resolution only amends the surety bond amount to the $10,000 allowed under the Milwaukee Code of Ordinances; now, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council File Number 031468 is hereby rescinded; and, be it
Further Resolved, That Shasha, LLC, 2022 East North Avenue, Milwaukee, Wisconsin 53211 is hereby granted the following special privileges:
1. To construct and maintain a balcony/deck structure that will be supported by the building and by a total of four columns on the north side of East North Avenue across the entire front of the building at 2028 East North Avenue.
Said balcony/deck structure with columns, consisting of metal, wood and concrete shall commence at a point approximately 125 feet east of the eastline of North Farwell Avenue and extend east for a distance of approximately 22 feet 10 inches. The balcony/deck structure shall encroach into the 15-foot wide fully concrete paved sidewalk area approximately 10 feet 10 inches and the roof structure shall have a clear height of approximately 10 feet 3 inches above the sidewalk.
All fixtures and materials for illumination of the balcony/deck structure shall be indicated upon the construction plans and approved prior to the installation and shall be non-glare. No sign or advertising device shall be hung from, attached to, printed or painted on any part of the structure. The name, street number, or character of the business may be indicated only on the vertical portion of the structure and shall not exceed 12 inches in height.
The grantee will be required to obtain and keep a “Loading Zone” or have a “No Parking” status adjacent to the balcony/deck structure as long as the balcony/deck structure occupies the public right-of-way.
2. To construct and maintain a painted sign which is made of aluminum. The sign is 12 feet wide by 9 feet 5 inches high and approximately 1 foot thick, with a 6-foot by 7-foot opening. The sign is located at the east end of the raised deck.
Said balcony/deck structure with columns and signage shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services. All necessary permits shall have been obtained prior to the granting of this special privilege. No alteration or replacement of any item may be made without the written approval of these Departments.
Said balcony/deck structure with columns and signage 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, Shasha, LLC, shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
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 $10,000 such bond to be approved by the City Attorney. This 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 $250,000 covering bodily injury to any one person and $500,000 covering bodily injury to more than one person in any one accident and $40,000 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.
Pay to the City Treasurer an annual fee, which has an initial amount of $1,539.64. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
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.
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.
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:lja
July 5, 2006
North 2028 E