Number
060238
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Euro Café Bar, LLC to construct and maintain a glass and metal storm enclosure for the premises 324 East Mason Street, in the 4th Aldermanic District.
Analysis
Substitute resolution granting a special privilege to Euro Café Bar, LLC for a glass and metal storm enclosure at the entrance to the premises at 324 East Mason Street.
Body
Whereas, Euro Café Bar, LLC wants to construct and install a glass and metal storm enclosure the entrance to its establishment; and
Whereas, The applicant hopes to contain noise from its establishment so that it does not disturb area residents; and
Whereas, While the storm enclosure will aid in containing noise from this business, it will also protect customers from inclement weather; and
Whereas, Said storm enclosure may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Euro Café Bar, LLC, 324 East Mason Street, Milwaukee, WI 53202 is hereby granted the following special privilege:
To construct and maintain a storm enclosure constructed of glass and metal in the 15-foot wide north sidewalk area of East Mason Street centered approximately 58 feet west of the westline of North Milwaukee Street. Said storm enclosure projects 4 feet 6 inches into the public way for a length of 7 feet 8 inches. There is one 3-foot door, perpendicular to the curb face on the east face of the storm enclosure.
The storm enclosure frame 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.
All fixtures and materials for illumination of storm enclosures shall be indicated upon the construction plans and approved prior to naming the City of Milwaukee as an insured. No sign or advertising device shall be hung from, attached to, printed, or painted on any part of the covered walk. The business may be indicated only on the upper portion of the covering, near the roofline, and not to exceed 8 inches in height.
Said above-mentioned storm enclosure shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said storm enclosure 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, Euro Café Bar, LLC 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 $3,000.00 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 $75.00. 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
August 28, 2006
060238