City of Milwaukee - File #: 090595

• File #: 090595
• Version: 3
• Type: Ordinance
• Status: Passed
• File created: 9/1/2009
• In control: PUBLIC WORKS COMMITTEE
• 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

Date	Ver.	Action By	Action	Result	Tally
10/29/2009	3	CITY CLERK	PUBLISHED
10/14/2009	3	MAYOR	SIGNED
10/13/2009	3	COMMON COUNCIL	PASSED	Pass	15:0
9/30/2009	3	CITY CLERK	DRAFT SUBMITTED
9/30/2009	2	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.	Pass	4:0
9/30/2009	3	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	4:0
9/30/2009	1	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.	Pass	4:0
9/24/2009	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
9/24/2009	1	CITY CLERK	DRAFT SUBMITTED
9/10/2009	0	PUBLIC WORKS COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	4:0
9/4/2009	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
9/4/2009	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
9/1/2009	0	COMMON COUNCIL	ASSIGNED TO

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 p...