Number
000903
Version
SUBSTITUTE
Reference
991011
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege granted to Badger Blitz, LLC, to place a covered walk and two movable sidewalk planters on the west side of North Water Street within the public right-of-way at the 1133-37 building entrance to now add permission for a storm enclosure below the covered walk, delete permission for the sidewalk planters and change the name of the grantee of the special privilege to SEP Management, Inc. d/b/a/ McGillycuddy's Bar and Grill, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege granted to Badger Blitz, LLC, to place and maintain a covered walk and two movable sidewalk planters on the west side of North Water Street, encroaching into the public right-of-way abutting the premises at 1133-37 North Water Street, to now add permission for a storm enclosure below the covered walk, delete permission for the sidewalk planters and change the name of the grantee of the special privilege to SEP Management, Inc. d/b/a McGillycuddy's Bar and Grill.
Body
Whereas, Badger Blitz, LLC, was granted a special privilege under Common Council Resolution File Number 991011, adopted on February 8, 2000, to keep and maintain a covered walk and two movable sidewalk planters within the public right-of-way at the North Water Street entrance to the building located at 1133-37 North Water Street; and
Whereas, The new proprietor of the premises is SEP Management, Inc. d/b/a McGillycuddy's Bar and Grill, and should now be named as the grantee of the special privilege; and
Whereas, The new proprietor wishes to keep permission for the covered walk, delete reference to the sidewalk planters and place a storm enclosure on the sidewalk below the covered walk at the entrance to the premises; and
Whereas, Said covered walk and storm enclosure may only legally occupy the public right-of-way by the granting of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 991011 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that SEP Management, Inc. d/b/a McGillycuddy's Bar and Grill, 1133 North Water Street, Milwaukee, WI 53202, is hereby granted the following special privileges:
1. To keep and maintain a covered walk at the property known as 1133-37 North Water Street. Said covered walk, 7 feet 5 inches in width, is centered approximately 47 feet south of the southline of East Juneau Avenue and encroaches approximately 10 feet into the 12-foot wide fully concrete paved sidewalk area on the west side of North Water Street at the 1133-37 North Water Street address. The covered walk is supported by the building and by two vertical supports near each corner closest to the curb along each side of the covered walk. Each vertical support nearest the curb is centered approximately 2 feet from the curbline. There is an approximately 7-foot 5-inch wide opening between the vertical supports, which parallel the curb face. The minimum vertical clearance between the skirt of the covered walk and the sidewalk below is 7 feet 8 inches.
Said covered walk 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 frame shall be designed and supported to withstand snow and other loads of not less than 25 pounds per square foot and wind pressure of 20 pounds per square foot applied in any direction. No guy wires, brackets or diagonal braces shall be permitted lower than 8 feet above the sidewalk level. The covering shall be of approved material.
All fixtures and materials for illumination of covered walk 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 walk. The name, street number, or character of the business may be indicated only on the vertical portion of the covering and shall not exceed 8 inches in height on the sides and 18 inches on the front face.
The grantee will be required to keep a "Loading Zone" or have a "No Parking" status adjacent to the covered walk as long as the covered walk occupies the public right-of-way.
Said covered walk shall be constructed, installed, maintained and used to the approval of the Department of Public Works and Neighborhood Services.
2. To install and maintain a 3-foot 6-inch deep by 7-foot 6-inch wide storm enclosure, extending to the underside of the aforementioned covered walk. A 3-foot wide door will be located on the north and south sides of the enclosure, and a plastic window will be in the doors as well as on the east face of the enclosure facing the curb. The enclosure will extend 3 feet 6 inches into the 12-foot wide fully concrete paved public sidewalk area on the west side of North Water Street abutting the main entrance to the building at 1133-37 North Water Street.
Said storm enclosure shall be placed and maintained to the approval of the Departments of Public Works and 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, SEP Management, 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 $2,000.00 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 $75.00. 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 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
November 10, 2000
000903
CITY OF MILWAUKEE FISCAL NOTE CC-170 (REV. 6/86)
Ref: GEN\FISCALNT.MST
A) DATE: November 10, 2000 File Number 000903
Original Fiscal Note ý Substitute o
SUBJECT: Substitute resolution amending a special privilege granted to Badger Blitz, LLC, to place a covered walk and two movable sidewalk planters at the west side of North Water Street within the public right-of-way at the 1133-37 building entrance to now add permission for a wind enclosure below the covered walk, delete permission for the sidewalk planters and change the name of the grantee of the special privilege to SEP Management, Inc. d/b/a McGillycuddy's Bar and Grill
B) SUBMITTED BY Jeffrey S. Polenske, P.E./Acting City Engineer/Infrastructure Services Division/2400
C) CHECK ONE: ¨ ADOPTION OF THIS FILE AUTHORIZES EXPENDITURES. o ADOPTION OF THIS FILE DOES NOT AUTHORIZE EXPENDITURES; FURTHER COMMON COUNCIL ACTION NEEDED. o LIST ANTICIPATED COSTS IN SECTION G BELOW. ý NOT APPLICABLE/NO FISCAL IMPACT.
D) CHARGE TO: ý DEPARTMENTAL ACCOUNT (DA) o CONTINGENT FUND (CF) o CAPITAL PROJECTS FUND (CPF) o SPECIAL PURPOSE ACCOUNTS (SPA) o PERM. IMPROVEMENT FUNDS (PIF) o GRANT & AID ACCOUNTS (G & AA) o OTHER (SPECIFY)
E) PURPOSE SPECIFY TYPE/USE ACCOUNT EXPENDITURE REVENUE SAVINGS
SALARIES/WAGES: Annual billing/initial Inspection $2.77/4.04
SUPPLIES:
MATERIALS:
NEW EQUIPMENT:
EQUIPMENT REPAIR:
OTHER: $75.00
TOTALS: $2.77/4.04 $75.00
F) FOR EXPENDITURES AND REVENUES WHICH WILL OCCUR ON AN ANNUAL BASIS OVER SEVERAL YEARS CHECK THE APPROPRIATE BOX
BELOW AND THEN LIST EACH ITEM AND DOLLAR AMOUNT SEPARATELY.
o 1-3 YEARS o 3-5 YEARS Annual Cost Billing - $2.77/4.04
o 1-3 YEARS o 3-5 YEARS Annual Fee (Income) - $75.00
o 1-3 YEARS o 3-5 YEARS
G) LIST ANY ANTICIPATED FUTURE COSTS THIS PROJECT WILL REQUIRE FOR COMPLETION:
H) LIST ANY ANTICIPATED FUTURE COSTS THIS PROJECT WILL REQUIRE FOR COMPLETION:
Special Privilege Committee Fee Schedule
PLEASE LIST ANY COMMENTS ON REVERSE SIDE AND CHECK HERE o