City of Milwaukee - File #: 060658

• File #: 060658
• Version: 3
• Type: Ordinance
• Status: Passed
• File created: 9/6/2006
• In control: PUBLIC WORKS COMMITTEE
• Final action: 12/12/2006
• Effective date: 1/4/2007
• Title: A substitute ordinance relating to placement and construction of traffic calming installations and providing a process for petition and special assessments.
• Sponsors: ALD. BAUMAN, ALD. DONOVAN, ALD. WITKOWSKI, ALD. WADE, ALD. HAMILTON, ALD. D'AMATO, ALD. ZIELINSKI, ALD. MCGEE JR., ALD. MURPHY, ALD. BOHL, ALD. HINES JR.
• Indexes: SPECIAL ASSESSMENTS, TRAFFIC CONTROL REGULATIONS

Date	Ver.	Action By	Action	Result	Tally
1/3/2007	3	CITY CLERK	PUBLISHED
12/18/2006	3	MAYOR	SIGNED
12/12/2006	3	COMMON COUNCIL	PASSED; Minutes note: Add Alds. McGee, Murphy, Bohl and Hines as co-sponsors.	Pass	14:1
12/12/2006	2	PUBLIC WORKS COMMITTEE	HELD TO CALL OF THE CHAIR	Fail	1:2
12/12/2006	3	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	2:1
12/12/2006	2	PUBLIC WORKS COMMITTEE	SUBSTITUTED	Pass	2:1
12/4/2006	2	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
11/22/2006	1	CITY CLERK	Sponsor added; Minutes note: Ald. Zielinski added as co-sponsor.
11/21/2006	1	PUBLIC WORKS COMMITTEE	SUBSTITUTED; Minutes note: Appearances by Jeff Polenske-City Engineer and Clark Wantoch-Admin. & Transportation Design Manager. Ald. Wade moved to accept the proposed substitute B that was offered by Department of Public Works.	Pass	5:0
11/21/2006	2	PUBLIC WORKS COMMITTEE	HELD IN COMMITTEE; Minutes note: Ald. Witkowski moved to hold this file and have it rescheduled to be heard at a Special Public Works Committee meeting prior to the Common Council meeting on December 12, 2006, in order to give him the opportunity to prepare additional language that would express the intend of the Council that traffic calming measures be considered in connection with street repaving and other general public works projects.	Pass	5:0
11/15/2006	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
10/31/2006	1	PUBLIC WORKS COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Appearances by Jeff Polenske-City Engineer and Clark Wantoch-Admin. & Transportation Design Manager.	Pass	4:0
10/26/2006	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
10/4/2006	1	PUBLIC WORKS COMMITTEE	HELD IN COMMITTEE; Minutes note: Hold one cycle.	Pass	5:0
10/3/2006	1	CITY CLERK	Sponsor added; Minutes note: Ald. D'Amato added as co-sponsor
10/2/2006	1	CITY CLERK	Sponsor added; Minutes note: Alds. Witkowski, Wade and Hamilton
9/28/2006	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
9/28/2006	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
9/26/2006	1	CITY CLERK	DRAFT SUBMITTED
9/6/2006	0	COMMON COUNCIL	ASSIGNED TO

Number

060658

Version

SUBSTITUTE 3

Reference

Sponsor

ALDS. BAUMAN, DONOVAN, WITKOWSKI, WADE, HAMILTON, D'AMATO, ZIELINSKI, MCGEE, MURPHY, BOHL AND HINES

Title

A substitute ordinance relating to placement and construction of traffic calming installations and providing a process for petition and special assessments.

Sections

115-1-17 cr

115-42.5 cr

115-43-2-a-4 rn

115-43-2-a-4 cr

115-43-2-a-5 rn

Analysis

This ordinance establishes a petition process for owners of parcels in residential districts to seek placement of traffic calming installations in streets and alleys. "Traffic calming installation" is defined to mean any device, object or material, other than a traffic sign, signal or other traffic control device as defined in s. 349.065, Wis. Stats., constructed or placed within a public way for the purpose of encouraging slower traffic or enhancing pedestrian safety.

Section s. 66.0703, Wis. Stats., and s. 115-42 of the code establish a process for initiating public works and for levying of special assessments. The commissioner of public works is responsible for submitting a preliminary resolution to the common council under s. 115-42-2. This ordinance directs the commissioner to file a preliminary resolution upon proper petition submitted by owners of parcels. Such petition must conform to a sample petition prepared and approved by the commissioner. Upon adoption of a resolution directing the construction or placement of a traffic calming installation, a special assessment of 90% will be levied to parcels abutting the affected street or alley.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 115-1-17 of the code is created to read:

115-1. Definitions.

17. TRAFFIC CALMING INSTALLATION means any device, object or material, other than a traffic sign, signal or other traffic control device as defined in s. 349.065, Wis. Stats., constructed or placed within a public way for the purpose of encouraging slower traffic or enhancing pedestrian safety.

Part 2. Section 115-42.5 of the code is created to read:

115-42.5. Traffic Calming Installations. 1. PURPOSE. It is the purpose of the common council to establish a traffic calming program in the city that incorporates traffic calming installations within new construction and repair projects where appropriate and effective, and to otherwise promote public health, safety and the peaceful enjoyment of neighborhoods and residential areas by encouraging the initiation of traffic calming installations. It is furthermore the purpose of this section to provide property owners a process for initiating public works for the construction or placement of traffic calming installations. It is the intent of the common council that this process supplement and not replace other processes for initiating public works.

2. PETITION. a. By Property Owners. a-1. Upon submission to the commissioner of a petition of support for traffic calming signed by at least 50% of the owners of parcels in the affected area as determined by the commissioner, a preliminary resolution shall be prepared and submitted as provided in s. 115-42-2.

a-2. The petition submitted pursuant to this subsection shall substantially conform to a sample petition to be prepared and approved by the commissioner and shall include the name of the owner, the address of the parcel or parcels abutting the block or alley, address of the owner if different, date of signature, a clear statement that a traffic calming installation is requested, and any other information the commissioner determines to be necessary or appropriate.

3. COUNCIL APPROVAL. The procedures provided in s. 115-42 shall apply to the process for approval of the construction or placement of traffic calming installations.

4. SPECIAL ASSESSMENT. Upon adoption of a resolution by the common council directing the construction or placement of a traffic calming installation sought initially by petition to the commissioner under sub. 2, the recovery ratio provided in s. 115-43-2-a-4 shall be applied to those properties or parcels abutting the street or alley within which the installation is placed or constructed, as determined by the commissioner.

Part 3. Section 115-43-2-a-4 and a-5 of the code is renumbered 115-43-2-a-5 and a-6.

Part 4. Section 115-43-2-a-4 of the code is created to read:

115-43. Recovery Rates for Assessable Improvements.

2. RECOVERY RATES AND RATIOS. a. New Construction.

a-4. Placement of Traffic Calming Installation - 90%.

LRB

APPROVED AS TO FORM

____________________________

Legislative Reference Bureau

Date:  ______________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

____________________________

Office of the City Attorney

Date:  ______________________

Requestor

Drafter

LRB060658-5

RLW

12/05/2006