City of Milwaukee - File #: 060661

• File #: 060661
• Version: 2
• Type: Ordinance
• Status: Placed On File
• File created: 9/6/2006
• In control: PUBLIC WORKS COMMITTEE
• Final action: 5/20/2008
• Title: A substitute ordinance relating to procedures for placement of above ground utility boxes in the public right-of-way.
• Sponsors: ALD. BAUMAN, ALD. MURPHY, ALD. DONOVAN, ALD. BOHL, ALD. D'AMATO, ALD. DAVIS, James N. Witkowiak, ALD. ZIELINSKI, ALD. HAMILTON
• Indexes: CITY PROPERTY, PUBLIC UTILITIES

Date	Ver.	Action By	Action	Result	Tally
5/20/2008	2	COMMON COUNCIL	PLACED ON FILE	Pass	13:0
5/7/2008	2	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PLACING ON FILE	Pass	4:0
11/14/2006	2	COMMON COUNCIL	ASSIGNED TO	Pass	15:0
11/1/2006	1	STEERING & RULES COMMITTEE	SUBSTITUTED; Minutes note: Alderman Bauman moved that proposed substitute E be accepted.	Pass	5:0
11/1/2006	2	STEERING & RULES COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Appearances by Jim Barrett-Senior Counsel-AT&T Wisconsin, Scott A. Jansen-Regional Vice President-AT&T Wisconsin; Vince Moschella-Deputy City Attorney and Regulatory Attorney Rebecca Cameron Fock-WE Energies	Pass	4:1
10/31/2006	1	PUBLIC WORKS COMMITTEE	REFERRED TO	Pass	4:0
10/25/2006	1	STEERING & RULES COMMITTEE	HEARING NOTICES SENT
10/19/2006	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
10/19/2006	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
10/10/2006	1	CITY CLERK	Sponsor added; Minutes note: Alds. Murphy, Donovan, Bohl and D'Amato added as co-sponsors.
10/4/2006	1	PUBLIC WORKS COMMITTEE	HELD IN COMMITTEE; Minutes note: Speakers: Mr. Clark Wantoch, Dept. of Public Works asked that the ordinance be revised relative to the size, height, width, length, etc. Alderman Bauman advised that he would be willing to hold the file for one cycle, so that it can be revised per Mr. Wantoch's request. Ald. Bauman further noted that he is willing to hold the file to a future Public Works Committee meeting, provided that the Department of Public Works makes a commitment today that no new permits will be issued on any utility facilities without the concurrent of the local alderman during the time the ordinance is being revised. Mr. Wantoch advised that they already have been doing that and they will continue to do that. Attorney Vince Moschella, Assistant City Attorney Alderman Murphy appeared and advised that he sponsored legislation and was passed about year and half ago, requiring notification to the Alderman and the public from the Department of Public Works for utility boxes.	Pass	5:0
10/3/2006	1	CITY CLERK	DRAFT SUBMITTED
9/28/2006	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
9/28/2006	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
9/13/2006	0	PUBLIC WORKS COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	5:0
9/8/2006	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
9/6/2006	0	COMMON COUNCIL	ASSIGNED TO

Number
060661
Version
SUBSTITUTE 2
Reference

Sponsor
ALD. BAUMAN, MURPHY, DONOVAN, BOHL, D’AMATO, DAVIS, WITKOWIAK, ZIELINSKI AND HAMILTON
Title
A substitute ordinance relating to procedures for placement of above ground utility boxes in the public right-of-way.
Sections
115-3 rp
115-3.5 rp
115-4 rp
115-3 cr
Analysis
This ordinance revises code provisions relating to permits for excavations and installations in public ways and public places to provide an exception for the permitting process for above ground utility box installations which contain at least one dimension at least 3 feet, and provides the permitting procedure for such above ground utility box installations.

Applications for utility permits for the location of above ground utility box installations which contain at least one dimension at least 3 feet shall be submitted to the department of public works, and the application shall be referred by the commissioner to the common council member in whose district the permit is sought. The commissioner and the common council member shall make a recommendation as to whether the requested permit should be granted. In all cases, the standard for determining the appropriateness, location and size of any utility installation shall be the public health, safety and welfare; specific examples are provided in the text.

If both the common council member and the commissioner recommend in favor of an application, the commissioner shall issue the permit. If either the common council member or the commissioner recommends against an application, no permit shall be issued unless the applicant requests, in writing, an appeal before the appropriate committee of the common council, the committee makes a recommendation to the council, and the council grants the permit. An appeal shall be requested no more than 10 working days after the date on which the applicant was notified of the recommendation of the commissioner and the common council member, and ...