Number
971860
Version
SUBSTITUTE
Reference
42711
42711-a
77-221
980245
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege to Joseph P. Balistrieri for change of ownership for a covered walk; granting permission for a second covered walk, a line fence, and eight moveable planters; and combining two previously granted special privileges for the premises at 1962 North Prospect Avenue, in the 3rd Aldermanic District.
Analysis
This resolution amends a special privilege for change of ownership to Joseph P. Balistrieri for a covered walk; grants permission for a second covered walk, a line fence, and eight moveable planters; and combines two previously granted special privileges for the premises at 1962 North Prospect Avenue.
Body
Whereas, Shorecrest Realty Company petitioned for a special privilege to construct and maintain a covered walk for the Prospect Avenue entrance to the premises; and
Whereas, Permission for said covered walk was granted in 1929 under Common Council Resolution File Number 42711; and
Whereas, Joseph P. Balistrieri petitioned for a special privilege to keep and maintain a sidewalk café in North Prospect Avenue; and
Whereas, Permission for said sidewalk café was granted under Common Council Resolution File Number 77-221; and
Whereas, Sidewalk cafes are now permissible in the public right-of-way as long as they meet the guidelines for sidewalk area dining facilities as stated in Exhibit A of Common Council Resolution File Number 980245; and
Whereas, A portion of the sidewalk café previously granted permission does not meet the aforementioned guidelines in that it is on a permanently raised walk area; and
Whereas, Joseph P. Balistrieri currently owns the property; and
Whereas, A site visit revealed the presence of a second covered walk in the public right-of-way, which had previously not been granted permission, a line fence, and eight moveable planters; and
Whereas, Said second covered walk, line fence, and moveable planters may only legally encroach into the public right-of-way by the granting of a special privilege resolution by the Common Council; and
Whereas, For the liability for the first covered walk to be formally transferred to the current property owner, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Common Council File Numbers 42711, 42711-a and 77-221 are hereby rescinded; and, be it
Further Resolved, That Joseph P. Balistrieri, Attention: Mrs. Balistrieri, 1962 North Prospect Avenue, Milwaukee, Wisconsin 53202 is hereby granted the following special privileges:
1. To install and maintain eight moveable planters in the east, 18-foot wide sidewalk area of North Prospect Avenue centered approximately 145, 152, 157, 164, 170, 176, 204 and 209 feet south of the southline of East Lafayette Place. Said metal planters are 2 feet 6 inches long, 11 inches wide and 2 feet 8 inches tall. The planters are attached to the metal fence of the sidewalk café described below.
2. To keep and maintain a covered walk, 7 feet 6 inches in width, centered approximately 233 feet south of the southline of East Lafayette Place and projecting 4 feet 6 inches into the 18-foot sidewalk area on the west side of North Summit Avenue. The covered walk is supported by the building and several vertical supports, two of which are located in the public right-of-way. Each vertical support is centered approximately 13 feet 6 inches west of the curbline. The minimum vertical clearance between the skirt of the covered walk and the sidewalk below is 7 feet.
3. To keep and maintain a covered walk, 11 feet 9 inches in width, centered approximately 192 feet south of the southline of East Lafayette Place and projecting 2 feet into the 18-foot sidewalk area on the east side of North Prospect Avenue. The covered walk is supported by the building and two vertical supports centered approximately 15 feet 6 inches east of the east curb of North Prospect Avenue. The minimum vertical clearance between the skirt of the covered walk and the sidewalk below is 8 feet.
4. To keep and maintain a non-guideline compliant sidewalk dining facility, also known as a sidewalk café, within the east, 18-foot wide sidewalk area of North Prospect Avenue. The sidewalk café commences at a point approximately 142 feet south of the southline of East Lafayette Place and ends at a point 38 feet to the south. This sidewalk café is not guideline compliant in that the area is permanently raised about 3 inches above grade on patio pavers and there is a permanent fence surrounding the area. The café projects 4 feet 1 inch into the public right-of-way.
5. To keep and maintain portions of a metal line fence in the west, 18-foot wide sidewalk area of North Summit Avenue. Said fence is located between 237 and 303 feet south of the southline of East Lafayette Place approximately 4 feet 6 inches east of the westline of North Summit Avenue. The fence is 2 feet 6 inches tall.
Said covered walks shall generally be constructed in accordance with the policies set forth in Common Council Resolution File Number 62-1211-a adopted July 24, 1962. The covered walk frames shall be designed and supported to withstand snow and other loads of not less than 25 pounds per square foot applied in any direction. No guy wires, brackets or diagonal braces shall be permitted lower than 7 feet above the sidewalk level. The coverings shall be of approved material.
All fixtures and materials for illumination of covered walks shall be indicated upon the construction plans and approved prior to installation. No sign or advertising device shall be hung from, attached to, printed or painted on any part of the covered walks. The business may be indicated only on the vertical portion of the covering and not to exceed 8 inches in height.
Said above-mentioned items 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 items 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, Joseph P. Balistrieri shall:
Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
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 $3,000 such bond to be approved by the City Attorney. This 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 $50,000 covering bodily injury to any one person and $100,000 covering bodily injury to more than one person in any one accident and $20,000 covering property damage to any own 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 cancelled until after at least thirty days’ notice in writing to the City Clerk.
Pay to the City Treasurer an annual fee, which has an initial amount of $358.95. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
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 and 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.
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.
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 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:lja
November 21, 2006
971860