The city of Evanston has decided not to amend its regulations of plantings done by residents in parkways, the city-owned strip of land between a sidewalk and a street.

       The amendment would have decreased the size of plantings near an intersection or alley from 3 feet to 1.5 feet and created a buffer zone between plants and trees, among other things, according to a draft of the proposed amendment.

       “There are sufficient laws in place that prevent people from creating or maintaining nuisances,” Evanston resident Jeff Smith said. “Short of that, people should be free to maintain the parkway as they please.”

       The city initially proposed the amendment because plantings near intersections and alleyways can obstruct the view of drivers, and other plantings too close to trees can threaten their well-being, David Stoneback Evanston’s public works agency director, said.

       Hostas around a tree near Lake Street and Asbury Avenue in Evanston on July 16, 2021. (Chris Sweda / Chicago Tribune)

       About 60 residents attended a virtual public meeting July 14 to express their disapproval of the amendment.

       “Most, if not all, community members attending the meeting are opposed to any further parkway planting restrictions and the proposed ordinance,” Stoneback said in a memorandum Friday to the city manager.

       Smith, who was on the board of Citizens’ Greater Evanston for about a decade, is not surprised that the city scrapped the amendment, but also thinks it should scale back existing regulations on parkway plantings.

       “I would largely abolish (the ordinance),” Smith said. “Having plants not flop into the roadway or into a sidewalk is reasonable. Not having something noxious or invasive is reasonable. But other than that, I would leave it up to the property owner.”

       Many residents are not aware of the current restrictions on parkway plantings, which are that no one can plant without a permit and that no plantings can grow above 3 feet no matter where they are planted, Stoneback said.

       “All of this turns on the assumption that government has the power to tell private property owners to go out and maintain public property ... to me (that’s) constitutionally suspect,” Smith said. “It’s kind of a stretch and kind of contrary to the entire American form of government to say that any government has the power to conscript private property owners into maintaining a portion of the public space.”

       Instead of proceeding with the amendment, the city will create informational brochures and a webpage so that the guidelines about parkway plantings are readily available to residents, according to the memo.

       “My back-of-the napkin calculations show the parkways of Evanston are nearly equal to half the entire acreage of all our city parks ... people are putting in an awful amount of labor,” Smith said. “Could you order property owners to pave the street? Where does it stop?”

       zharris@chicagotribune.com

       Tentative agreement struck over new Chicago police union contract — first in four years. Ballots being mailed to members.

       45m

       Schaumburg man drowns at Fort Sheridan beach

       1h

       COVID-19 Vaccine Who is Dr. Joseph Mercola? 5 things about the COVID-19 misinformation ‘super spreader’ — from Chicago roots to bizarre battles with government regulators

       5h

       Breaking News Mask mandate, other COVID restrictions in Chicago possible if daily cases top 200, Lightfoot warns with Lollapalooza days away

       3h

       Politics Will Lori Lightfoot seek a 2nd term? It’s ‘not a gimme,’ Chicago mayor says, but she’s still filling her campaign fund

       2h