NUMB:
980400
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution to grant a special privilege to Hooligan's Super Irish Deli & Bar, Inc., to place a covered walk and to keep and maintain a concrete stoop and door swing projection on the south side of East North Avenue within the public right-of-way at the side entrance to the building at 2017 East North Avenue, in the 3rd Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This special privilege grants Hooligan's Super Irish Deli & Bar, Inc., permission to place and maintain a covered walk and to keep and maintain a concrete stoop and door swing projection on the south side of East North Avenue, encroaching into the public right-of-way abutting the premises at 2017 East North Avenue.
BODY:
Whereas, The applicant desires to place and maintain a covered walk at the East North Avenue entrance to the building located at 2017 East North Avenue; and
Whereas, Field investigation found an existing concrete stoop and door swing projection which encroach into the public right-of-way at the same entrance; and
Whereas, Said covered walk, concrete stoop and door swing may only legally encroach into the public right-of-way by the granting of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Hooligan's Super Irish Deli & Bar, Inc., 2017 East North Avenue, Milwaukee, WI 53202, is hereby granted the following special privileges:
1. To erect and maintain a covered walk at the property known as 2017 East North Avenue. Said covered walk, 5-feet 9-inches in width, is to be centered approximately 50 feet east of the eastline of East Ivanhoe Place and shall encroach approximately 8 feet into the present 10-foot wide fully concrete paved sidewalk area on the south side of East North Avenue at 2017 East North Avenue. The covered walk shall be supported by the building and by two vertical supports near each corner closest to the curb along each side of the covered walk. Each vertical support nearest the curb will be centered approximately 2 feet from the present curbline. There shall be an approximately 5-foot 5-inch wide opening between the vertical supports, which parallel the curb face. The minimum vertical clearance between the skirt of the covered walk and the sidewalk below shall be 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 and supported to withstand snow and other loads of not less than 25 pounds per square foot and wind pressure of 20 pounds per square foot applied in any direction. No guy wires, brackets or diagonal braces shall be permitted lower than 8 feet above the sidewalk level. The covering shall be of approved material.
All fixtures and materials for illumination of covered walk shall be indicated upon the construction plans and approved prior to installation. No sign or 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 the business may be indicated only on the vertical portion of the covering and shall not exceed 6 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.
Prior to installation, permits shall be obtained from the Commissioners of Public Works and Building Inspection for the covered walk structure itself and from the Commissioner of Public Works to occupy the right-of-way during construction.
2. To keep, use and maintain an approximately 3-inch high concrete stoop, which is approximately 36-inches wide and encroaches approximately 24-inches into the public right-of-way. The stoop is centered at the side entrance to the premises at 2017 East North Avenue, on the south side of East North Avenue, approximately 50 feet east of the eastline of East Ivanhoe Place.
3. To keep, use and maintain one door at the building known as 2017 East North Avenue, that, when fully opened, projects into the public right-of-way in excess of the 12-inch maximum distance permissible under Section 245-4-8 of the Milwaukee Code of Ordinances. The door, located on the south side of East North Avenue, is centered approximately 50 feet east of the eastline of East Ivanhoe Place and its maximum encroachment is approximately 3-feet into the present 10-foot wide fully concrete paved sidewalk area.
Said covered walk, stoop and door shall be constructed, installed, used and maintained to the approval of the Commissioner of Public Works and the Commissioner of Building Inspection.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Hooligan's Super Irish Deli & Bar, 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 $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 $75.00. 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
September 8, 1998
980400