Number
010154
Version
SUBSTITUTE
REFERENCE
981524
SPONSOR
THE CHAIR
Title
Substitute resolution amending a special privilege granted to TAP Properties, Inc. to construct and maintain a balcony/deck structure with two decorative columns encroaching in the public right-of-way abutting the premises at 761 North Water Street, to now grant permission to keep and maintain flags, lights and window-box style planters on the structure and two movable planters at the same premises, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege granted to TAP Properties, Inc. to construct and maintain a balcony/deck structure with two decorative columns encroaching within the 15-foot wide fully concrete paved sidewalk area adjacent to 761 North Water Street, to now grant permission to keep and maintain flags, lights and window-box style planters on the structure and two movable planters at the same premises.
Body
Whereas, TAP Properties, Inc. (TAP) was granted a special privilege under Common Council Resolution File Number 981524, on March 23, 1999, to construct and maintain a decorative entryway with a second floor balcony/deck which is used for outdoor dining, at the building located at 761 North Water Street; and
Whereas, It has been observed that TAP placed 2 movable planters on the sidewalk near the support columns in front of this property and they were informed that Common Council permission is required for the planters to remain in the public right-of-way; and
Whereas, Our field investigation found that: a belt-driven antique-style ceiling fan is attached to the underside of the balcony/deck structure with a clear height of approximately 10 feet above the sidewalk; and several American flags on poles, lights to light-wash the deck facade; and window box style planters are positioned around the outside of the deck, extending over the sidewalk and west curbline of North Water Street; and
Whereas, The decorative entryway structure with columns, flags, lights, fan, window-box style planters and the two movable planters may only legally occupy the City of Milwaukee public right-of-way by the granting of a special privilege; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 981524 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that TAP Properties Inc., c/o Milwaukee Waterfront Deli, 761 North Water Street, Milwaukee, WI 53202, is hereby granted the following special privileges:
1. To keep and maintain a balcony/deck structure that is supported by the building and by two decorative columns on the west side of North Water Street, across the entire front of the building located at 761 North Water Street.
Said balcony/deck structure, consisting of metal, wood and concrete commences at a point approximately 70 feet north of the northline of East Mason Street and extends north for a distance of approximately 18 feet. The balcony/deck structure encroaches into the 15-foot wide fully concrete paved sidewalk area approximately 13 feet and the roof structure has a clear height of approximately 13 feet 6 1/2 inches above the sidewalk.
Said decorative steel columns rest on square concrete footings extending approximately 4 feet below grade, and are centered approximately 71 feet and 87 feet north of the northline of East Mason Street. Each column has two decorative steel brackets attached at the top. The point of attachment to the columns is approximately 10 feet 5 inches above the sidewalk.
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 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 keep and maintain a ceiling fan attached to the underside of the roof structure with at least approximately 10 feet of clear height above the sidewalk.
3. To keep and maintain American flags on poles around the balcony/deck structure, overhanging the sidewalk and west curbline of North Water Street. Adequate clear height shall be provided below the flags for vehicles and pedestrians traveling on North Water Street.
4. To keep and maintain lights around the outside of the balcony/deck structure, overhanging the sidewalk and west curbline of North Water Street. Adequate clear height shall be provided below the lights for vehicles and pedestrians traveling on North Water Street.
5. To keep and maintain two 3-foot by 3-foot movable planters within the 15-foot wide fully concrete paved public sidewalk area on the west side of North Water Street abutting the building at 761 North Water Street. Said planters shall be placed as follows:
Adjacent to the curb in front of the building at 761 North Water Street, located approximately 73 and 85 feet north of the northline of East Mason Street and abutting the inside of the columns.
6. To keep and maintain window box style planters attached to the exterior of the deck on its north, south and east sides overhanging the sidewalk.
Said balcony/deck structure, fan, flags, lights, movable planters, and window-box style planters shall be constructed, placed and maintained to the approval of the Commissioners of Public Works and Neighborhood Services. 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, TAP Properties, 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 $10,000.00 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 $100,000 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 $1,692.06. 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 66.0915(3) 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 22, 2001
010154