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File #: 090595    Version:
Type: Ordinance Status: Passed
File created: 9/1/2009 In control: PUBLIC WORKS COMMITTEE
On agenda: Final action: 10/13/2009
Effective date: 10/30/2009    
Title: A substitute ordinance relating to amending planting standards in certain portions of the public right-of-way.
Sponsors: ALD. KOVAC, ALD. WITKOWSKI
Indexes: LANDSCAPING, MEDIAN ISLANDS
Attachments: 1. Fiscal note, 2. Fiscal Analysis, 3. Petitions, 4. Hearing Notice List, 5. Notice Published on 10-29-09
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
10/29/20093 CITY CLERK PUBLISHED   Action details Meeting details Not available
10/14/20093 MAYOR SIGNED   Action details Meeting details Not available
10/13/20093 COMMON COUNCIL PASSEDPass15:0 Action details Meeting details Not available
9/30/20093 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
9/30/20092 PUBLIC WORKS COMMITTEE AMENDED

Minutes note: Ald. Wade moved that the file be amended by adding the sentence "Diggers hotline must be contacted three days prior to any digging." at the end of "Part 1. Section 116-54-1 to 3 of the code is amended to read: 116-54. Planting of Flowers in the Public Right-of-Way." Paragraph 1.
Pass4:0 Action details Meeting details Not available
9/30/20093 PUBLIC WORKS COMMITTEE RECOMMENDED FOR PASSAGEPass4:0 Action details Meeting details Not available
9/30/20091 PUBLIC WORKS COMMITTEE SUBSTITUTED

Minutes note: Ald. Donovan moved to hold until this file until later in the meeting. Individuals present: Ald. Kovac, 3rd Aldermanic Dist. Clark Wantoch, Dept. of Public Works, Infrastructure Services Ald. Witkowski, 13th Aldermanic Dist. Jeff Kluslow, Dept. of Public Works, Operations Div., Forestry Joseph Bieniek, 829 E. Townsend St. Pamela Frautschi, 2430 E. Newberry Blvd. Ald. Donovan moved to make the petitions submitted by Mr. Bieniek a part of the file. Ald. Kovac offered a proposed substitute A.
Pass4:0 Action details Meeting details Not available
9/24/20090 PUBLIC WORKS COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/24/20091 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
9/10/20090 PUBLIC WORKS COMMITTEE HELD TO CALL OF THE CHAIRPass4:0 Action details Meeting details Not available
9/4/20090 PUBLIC WORKS COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/4/20090 PUBLIC WORKS COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/1/20090 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

090595

Version

SUBSTITUTE 3

Reference

081573

081117

Sponsor

ALD. KOVAC AND WITKOWSKI

Title

A substitute ordinance relating to amending planting standards in certain portions of the public right-of-way.

Sections

116-54-1 am

116-54-2 am

116-54-3 am

116-55 am

116-56 am

Analysis

This ordinance removes the requirement that plantings in the public right-of-way be 1 ½ feet from both the curb and sidewalk as long as plantings do not encroach in the path of pedestrians or block the vision of motorists.  It changes the maximum height of plants from 2 feet to 3 feet.  It removes the restrictions that landscaping edging is limited to 1 ½ feet from both the curb and sidewalk and 6 inches in height.  It also adds flower and other vegetation encroachment abatements to the special assessment for trimming.  The homeowner would have 30 days after notification to abate the encroachment.  After that time the City would remove the encroaching vegetation and charge the costs to the parcel where that the encroachment is in front of.

Body

 

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

 

Part 1.  Section 116-54-1 to 3 of the code is amended to read:

 

116-54. Planting of Flowers in the Public Right-of-Way.

1.  PLANTING OF FLOWERS.  The planting of flowers in the public right-of-way is permitted [[if the planting is 1½  feet from both the curb and the sidewalk]] >>as long as it does not encroach in the path of pedestrians or block the vision of motorists.  The diggers hotlines must be contacted at least 3 business days prior to any excavation related to this subsection<<.

 

2.  REQUIREMENTS.  Plants may not grow so as to obstruct or encroach upon the curb or sidewalk, block sight lines to the street, be higher than [[2]] >>3<< feet or potentially create a trip hazard on the sidewalk or roadway.  The department of public works may issue additional planting guidelines.

 

3.  LANDSCAPING EDGING. Decorative landscaping edging is permitted in the public right-of-way [[if it is 1 ½ feet from both the curb and the sidewalk]]. It may not obstruct or encroach upon the curb or sidewalk, block sight lines to the street [[, be higher than 6 inches]] or potentially create a trip hazard on the sidewalk or roadway.

 

Part 2.  Section 116-55 of the code is amended to read:

 

116-55. Overhanging Branches >>and Vegetation<<.

1.  INTERFERENCE WITH TRAFFIC OR STREET LIGHTS. Branches of trees [[or]] >>,<< shrubs >>, flowers or other vegetation<< shall not be permitted to overhang streets, sidewalks and alleys at such a height as to interfere with vehicle or pedestrian traffic, or with the proper radiation of light from the Milwaukee municipal street lighting system. It shall be the duty of property owners to trim trees [[and]] >>,<< shrubs >>, flowers or other vegetation<< to conform with this section upon due notice from the commissioner of public works.

2.  INTERFERENCE WITH TRAFFIC CONTROL DEVICES. Branches of trees [[or]] >>,<< shrubs >>, flowers or other vegetation<< shall not be permitted to overhang streets, sidewalks and alleys at such a height or in such a manner as to interfere with the visibility of official traffic control devices. Whenever trees or shrubs or the branches of trees or shrubs or other obstructions are found to block or interfere with the visibility of an official traffic control device, the provisions of s. 116-56 shall not apply. The commissioner of public works may take immediate action after he has received notification of such interference, to remove, trim or cause to have removed or trimmed the branches of such tree or shrub, >>flowers or other vegetation<< or to remove or to cause to have removed other obstructions irrespective of the ownership of the tree, shrub >>flowers, other vegetation<<or other obstruction.

 

Part 3.  Section 116-56 of the code is amended to read:

 

116-56. Special Assessment for Trimming. In the event of the failure of the owner of any property or premises in front of or on which trees [[or]] >>,<< shrubs >>, flowers or other vegetation<< grow with branches hanging over the sidewalk, streets or alleys, and with a level less than that provided under s. 116-55 to trim his >>or her<< trees [[or]] >>,<<  shrubs >>, flowers or other vegetation<< in conformity thereto for a period of not less than 30 days after being notified, then the commissioner of public works may cause the branches of such trees [[or]] >>,<<  shrubs >>, flowers or other vegetation<< to be trimmed, as provided for in s. 116-55 and charge the cost of such work against the lots, parts of lots or parcels of land on or in front of which such trees [[or]] >>,<<  shrubs >>, flowers or other vegetation<< may grow, in the manner and following the procedures set forth in s. 11.28, city charter. 

 

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

MET

9/30/09

LRB09369-4