NUMB:
980040
VERS:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution to grant a special privilege to MP on Brady, Inc., d/b/a Harpo's for a sidewalk cafe' in the public rights-of-way at 1339 East Brady Street, in the 3rd Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This resolution grants permission to MP on Brady, Inc. for a sidewalk cafe' in the public rights-of-way along two faces of the building at 1339 East Brady Street.
BODY:
Whereas, The applicant proposes to place 36-inch diameter round tables with chairs thereby establishing sidewalk cafe' areas in the public rights-of-way on the west side of North Warren Avenue and on the south side of East Brady Street, adjacent to the premises at 1339 East Brady Street known as Harpos; 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 MP on Brady, Inc., 1339 East Brady Street, Milwaukee, WI, 53202, is hereby granted the following special privilege:
To establish and maintain sidewalk cafe' areas within the west sidewalk area of North Warren Avenue and the south sidewalk area of East Brady Street adjacent to the premises at 1339 East Brady Street as follows: On the west side of North Warren Avenue, said cafe' area shall be limited to project a maximum of 2 feet into the available 14.5 feet of public walking space unless additional concrete sidewalk pavement is placed so as to provide at least 5.0 feet for through pedestrian travels; and
On the south side of East Brady Street, said cafe' area shall be limited to project a maximum of 3.0 feet into the 13-foot wide public walking space. Said area on the west side of North Warren Avenue shall begin at a point approximately 10 feet southwest of the southline of East Brady Street and extend southwest approximately 49 feet. The area on the south side of East Brady Street shall begin at a point approximately 10 feet west of the westline of North Warren Avenue and extend west approximately 67 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.
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, MP on Brady, 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 $74.75. 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
June 1, 1998
980040