NUMB:
971861
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution to grant a special privilege to Gus' Mexican Cantina on 3rd for a sidewalk cafe' and planters in the public rights-of-way at 1110 North Old World Third Street, in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution grants permission to Gus' Mexican Cantina on 3rd for a sidewalk cafe' and planters in the public rights-of-way along two faces of the building at 1110 North Old World Third Street.
BODY:
Whereas, The applicant proposes to place 30-inch diameter round tables with chairs thereby establishing sidewalk cafe' areas in the public rights-of-way on the east side of North Old World Third Street and on the north side of West Highland Avenue, adjacent to the premises at 1110 North Old World Third Street known as Gus' Mexican Cantina on 3rd; and
Whereas, The applicant also proposes to place eight movable planters in the public rights-of-way, four on the east side of North Old World Third Street and four on the north side of West Highland Avenue; and
Whereas, Placement of these items within the public rights-of-way can only be allowed through the adoption of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Gus' Mexican Cantina on 3rd, 1110 North Old World Third Street, Milwaukee, WI, 53203 is hereby granted the following special privileges:
1. To establish and maintain sidewalk cafe' areas within the east sidewalk area of North Old World Third Street and the north sidewalk area of West Highland Avenue adjacent to the restaurant at 1110 North Old World Third Street. Said cafe' areas shall be limited to occupy an area extending a maximum distance of 2-feet 6-inches into the 12-foot wide public sidewalk area on the east side of North Old World Third Street, and the 15-foot wide public sidewalk area on the north side of West Highland Avenue. Said area on the east side of North Old World Third Street shall begin at a point at approximately the northline of West Highland Avenue and extend north approximately 43 feet. One area on the north side of West Highland Avenue shall begin approximately at the eastline of North Old World Third Street and extend east approximately 19-feet 6-inches, and another area on the north side of West Highland Avenue shall begin at a point approximately 47 feet east of the eastline of North Old World Third Street and extend east approximately 15 feet.
Said tables and chairs shall be removed from the public right-of-way during nonbusiness hours. No business transactions shall take place within the public rights-of-way.
The area about the sidewalk cafe' shall be kept clean by the cafe' personnel to the satisfaction of the Commissioner of Health.
All required permits shall be procured prior to operation of the facilities. Any permission and licenses that are required specifically pertaining to intoxicating liquor, wine and fermented malt beverage sales shall be obtained prior to beginning that type of activity. The cafe' area may be operated during normal business hours. Violation of the City's Noise ordinances or other verifiable evidence of nuisances or conduct of business operations resulting in same may result in restriction of operating hours by the Alderman or revocation of this privilege by the Council.
2. To place and maintain eight movable planters in the public rights-of-way, four on the east side of North Old World Third Street and four on the north side of West Highland Avenue. The four planters on the east side of North Old World Third Street shall be located within the brick paved tree border area, centered approximately 9, 14, 19 and 23 feet north of the northline of West Highland Avenue, and the four planters on the north side of West Highland Avenue shall be located within the brick paved tree border area, centered approximately 30, 34, 39 and 44 feet east of the eastline of North Old World Third Street.
Said planters shall be placed and maintained to the approval of the Commissioners of Public Works and Building Inspection. All necessary permits shall be obtained from the Commissioners of Public Works and Building Inspection prior to placement of these items in the City of Milwaukee public right-of-way. The plant material shall be approved by and maintained to the satisfaction of the City Forester.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Gus' Mexican Cantina on 3rd, 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 $168.44. 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
April 16, 1998
971861