Number
030011
Version
SUBSTITUTE
Reference
930639
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to LESZ, Inc. d/b/a O'Danny's Pub to construct and maintain a balcony/deck structure with decorative columns encroaching into the public way on the west side of North Water Street at 1213 North Water Street, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to LESZ, Inc. d/b/a O'Danny's Pub to construct and maintain a balcony/deck structure with decorative columns encroaching into the public way on the west side of North Water Street at the building known as 1213 North Water Street.
Body
Whereas, LESZ, Inc. d/b/a O'Danny's Pub, is renovating the building located at 1213 North Water Street, which includes construction of a balcony/deck structure over the sidewalk area on the west side of North Water Street to be used for an extension of their second floor facility, that is to be supported by the existing building and new columns to be located in the public right-of-way; and
Whereas, The balcony/deck structure is to extend across the front of the building next door, at 1211 North Water Street, for which another special privilege has been applied for (C.C. File Number 030012); and
Whereas, The balcony/deck structure with a total of four columns will encroach approximately 10 feet into the 12-foot wide fully paved sidewalk area on the west side of North Water Street; and
Whereas, The existing covered walk, allowed to be located in the public right-of-way by adoption of C.C. File Number 930639, will have to be removed in order to construct the proposed structure; and
Whereas, The balcony/desk structure and columns may only be permitted to encroach into the public right-of-way by the granting of a special privilege by the Common Council; now, therefore, be it
Resolved, That C.C. File Number 930639, adopted on September 28, 1993, is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that LESZ, Inc., 1213 North Water Street, Milwaukee, WI 53202 is hereby granted the following special privilege:
To construct and maintain a balcony/deck structure that will be supported by the building and by a total of four columns on the west side of North Water Street across the entire front of the building located at 1213 North Water Street.
Said balcony/deck structure, consisting of metal, wood and concrete shall commence at a point approximately 200 feet north of the northline of East Juneau Avenue and extend north for a distance of approximately 19 feet 8 inches. The balcony/deck structure shall encroach into the 12-foot wide fully concrete paved sidewalk area approximately 10 feet and the roof structure shall have a clear height of approximately 13 feet 4 ½ inches above the sidewalk.
Said steel columns will rest on concrete footings extending approximately 4 feet below grade, and will be located beneath the balcony in the sidewalk area north of the northline of East Juneau Avenue.
All fixtures and materials for illumination of the balcony/deck structure shall be indicated upon the construction plans and approved prior to 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 10 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.
Said balcony/deck structure and columns shall be installed, kept and maintained to the approval of the Departments of Public Works and Neighborhood Services and all necessary permits shall be procured from the Departments of Public Works and City Development. No alteration or replacement of any item may be made without the written approval of these Departments
; and, be it
Further Resolved, That LESZ, Inc. is hereby notified that at such future time the balcony/deck structure and columns are no longer needed, they will be physically and financially responsible for removing said items from the public right-of-way and restoring the public right-of-way to the satisfaction of the Commissioner of Public Works
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, LESZ, 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 $100,000.00 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 $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 $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 $1,911.86. 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
JJM:cjt
June 6, 2003
030011