City of Milwaukee - File #: 010357

• File #: 010357
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 6/19/2001
• In control: PUBLIC WORKS COMMITTEE
• Final action: 9/25/2001
• Effective date: 10/12/2001
• Title: A substitute ordinance relating to fees for occupying the public way for private construction projects.
• Sponsors: ALD. HENNINGSEN
• Indexes: FEES

Date	Ver.	Action By	Action	Result	Tally
10/11/2001	2	CITY CLERK	PUBLISHED
10/4/2001	2	MAYOR	SIGNED
9/25/2001	2	COMMON COUNCIL	PASSED	Pass	14:1
9/12/2001	2	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Ald. Herron moved to hold this file in the Public Improvements Committee. The motion failed by the following vote: Ayes: Ald. Herron-1. Noes: Ald. Donovan, Sanchez, Murphy and Scherbert-4. Ald. Donovan moved to recommend passage of this ordinance. Prevailed.	Pass	4:1
9/7/2001	2	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
7/25/2001	1	PUBLIC WORKS COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	4:0
7/23/2001	2	CITY CLERK	DRAFT SUBMITTED
7/19/2001	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
7/19/2001	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
7/19/2001		PUBLIC WORKS COMMITTEE	REFERRED TO
7/19/2001	1	FINANCE & PERSONNEL COMMITTEE	HEARING NOTICES SENT
7/19/2001	1	FINANCE & PERSONNEL COMMITTEE	HEARING NOTICES SENT
6/25/2001	1	CITY CLERK	DRAFT SUBMITTED
6/20/2001		PUBLIC WORKS COMMITTEE	REFERRED TO
6/19/2001	0	COMMON COUNCIL	ASSIGNED TO

Number

010357

Version

SUBSTITUTE 2

Sponsor

ALD. HENNINGSEN

Title

A substitute ordinance relating to fees for occupying the public way for private construction projects.

Sections

81-102-2 rc

Analysis

This ordinance reduces the permit fees required for the temporary occupancy of the public way for purposes related to construction work on adjacent property.  The fees may be reduced by 50% if approved by resolution of the common council.  This resolution shall include the finding that all the following criteria have been met:

1.  Occupancy of the public way will not significantly impact traffic or parking.

2.  Soil conditions do not allow for on-site staging based on supporting information supplied by the developer.

3.  Maintaining setbacks and site coverage for the proposed development that are consistent with the surrounding neighborhood precludes on-site construction staging.

Further, the fees may be reduced by 90% if all 3 of the above criteria are met and the property on which the construction is to take place was purchased from either the city or the redevelopment authority of the city of Milwaukee.

Body

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

Part l.  Section 81-102-2 of the code is repealed and recreated to read:

81-102.  Public Ways: Permits for Temporary Occupancy or Use of Public Ways.

2.  CALCULATION OF FEES.

a.  The fees charged in subs. 3 to 5 are charged for each area that is occupied.  The fees shall be charged for every 30 feet of street front or fractional part thereof for the temporary occupancy of a public way.

b. Any fee required by this section in connection with a development on property adjacent to the public way may be reduced by 50% if this reduction is approved by resolution of the common council.  This resolution shall include the finding of the commissioner of public works that all of the following criteria have been met:

b-1. Occupancy of the public way will not significantly impact traffic or parking.

b-2. Soil conditions do not allow for on-site staging based on supporting information supplied by the developer.

b-3. Maintaining setbacks and site coverage for the proposed development that are consistent with the surrounding neighborhood precludes on-site construction staging.

c.  Any fee required by this section in connection with a development on property adjacent to the public way may be reduced by 90% if, in addition to meeting all the criteria set forth in par. b, the property on which the construction is to take place was purchased from either the city or the redevelopment authority of the city of Milwaukee  Such reduction shall be approved by resolution of the common council.

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

01261-2

LRB:jro

07/23/01