Number
050121
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Caffeine Factory, LLC to keep and maintain moveable planters in the public right-of-way for the premises at 422 North 5th Street, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to keep and maintain three moveable planters and one excess door swing projection in the public right-of-way of North 5th Street adjacent to the premises at 422 North 5th Street.
Body
Whereas, The applicant has petitioned to construct and keep three moveable planters in order to beautify the area in front of its building; and
Whereas, A site visit revealed the presence of an excess door swing encroachment which, when fully opened, project beyond the 12 inches allowed per Sec. 245-4-8 of City of Milwaukee Code of Ordinances; and
Whereas, Said planters and excess door swing may only legally encroach into the public right-of-way by the granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that, Caffeine Factory, LLC, 422 North 5th Street, Milwaukee, Wisconsin 53203 is hereby granted the following special privileges:
1. To keep, use and maintain three moveable planters within the east, 15-foot wide sidewalk area of North 5th Street centered approximately 10 feet, 19 feet and 35 feet south of the southline of the east-west alley in the block bounded by West Clybourn Street, West St. Paul Avenue, North 4th Street and North 5th Street. Said planters are all 4 feet long, 1 foot wide and 2 feet 6 inches tall and project approximately 1 foot 2 inches into the public right-of-way.
2. To keep, use and maintain an excess door swing, that when fully open, projects 3 feet into the east, 15-foot wide sidewalk area of North 5th Street, which is in excess of the 12 inches allowed per Sec. 245-4-8 of City of Milwaukee Code of Ordinances. Said door swing is centered approximately 27 feet south of the southline of the east-west alley in the block bounded by West Clybourn Street, West St. Paul Avenue, North 4th Street and North 5th Street.
Said above-mentioned planters and excess door swing 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.
Said planters and excess door swing 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, Caffeine Factory, 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 $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 $25,000.00 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 $47.82. 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
July 6, 2005
050121