Sidewalk Installation Program_Final ReadingTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Sidewalk Installation
DATE: April 15, 2009
City Engineer Gus Psihoyos is recommending an amendment to the Sidewalk
Installation Ordinance to change the effective date and some other minor modifications.
This ordinance was originally passed in December 2004 requiring that as properties
with curb and gutter are developed, redeveloped or make additions to their properties,
that they install sidewalks.
It was recently discovered that the City was not enforcing this new ordinance in all
cases. If the effective date is not changed, the City will need to go back retroactively
and force 41 property owners to install sidewalks.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF DUBUQUE
All-American City
2007
TO: Michael Van Milligan; City Managey
FROM: Gus Psihoyos, City Engineer y
DATE: April 15, 2009
SUBJECT: Sidewalk Installation
INTRODUCTION
This memo is to provide you with background information and our proposed steps to
amend Ordinance No. 86-04 for the new enforcement date and to require sidewalk
installations for properties that have curb and gutter, as those properties are developed,
redeveloped or make additions to their properties.
BACKGROUND
In December 2004 City Council passed Ordinance No. 86-04 requiring the owner of any
lot or parcel that abuts an improved public street that has curb and gutter to install
sidewalk on such lot when the parcel or lot is developed or redeveloped. Development
is defined as any construction that requires a building permit that would change the
footprint of the structure, or site plan approval. This ordinance was requested and
approved to give clear direction for site plan and subdivision review, as well as seek
standard and consistent installation on all other properties meeting the criteria.
Implementation of this ordinance would assist in providing a safe area for pedestrian
traffic, continue the sidewalk network and assist in meeting the requirements of
Americans with Disabilities Act. No exceptions were to be permitted except by the City
Council upon written appeal.
In the development of Ordinance No. 86-04 many references were listed as support
documents, such as City's Comprehensive Plan & Subdivision Regulations, Land Use &
Urban Design, Federal Highway Administration, Americans with Disabilities Act, as well
as a general consensus to develop walkable, interconnected neighborhoods. It was
the intention that when building permits were issued or site plans were reviewed, the
parcels would be identified that needed said sidewalk installation. The following year
City Council approved a program for financial assistance for eligible low-and-moderate
income, owner occupied properties to assist with the cost of new sidewalk installation.
In the summer of 2008 the property at 897 Mt. Carmel was in the process of additions
and renovations and subsequently was identified to be required to install sidewalks.
This identification was made by the Engineering Department when work on the public
right-of-way was requested. At that time it came to light that Building Services had not
been reviewing the sidewalk installation requirement when building permits were issued.
Numerous properties had been issued building permits without the review of whether it
met the criteria to require sidewalk installation.
INFORMATION
Since 2004 when Ordinance No. 86-04 was approved, 76 properties were issued
permits for improvements/additions. Of those 76 properties, 41 would have met the
criteria of having an improved street with curb and gutter and should have been
required to install sidewalk.
The question to be resolved is how the City will now address the missed properties and
go forth with any future sidewalk installations. City staff conducted a study of parcels
that would meet the criteria. The study revealed a potential of 2,467 parcels. This
number does not include vacant lots, which when developed would also be required to
install walks.
There has been a varied history of Council actions on sidewalk installations for street
reconstruction projects, sidewalk installation assessment projects and appeals from
property owners regarding sidewalk installations and removals. With the recent
emphasis on "sustainable community" a continuous walking network would promote
health, eliminate excess carbon emissions, better connect neighborhood residents and
provide a safe route for pedestrian and young bicyclists.
At this time Engineering and Building Services are looking at steps that need to be
taken and options that should be discussed relative to notification and future
enforcement.
Recommended Steps:
1. Amend the effective date of Ordinance No. 86-04 with City Council concurrence
date.
2. Amend the ordinance such that the City Manager would make the initial review of
appeal and could approve, deny or forward to City Council for their action.
3. Tag all parcels that would be required to install sidewalks with targeted
improvements in the City's Permit Plus computer database system and GIS, so
when the property is accessed for any reason, the sidewalk installation
requirement would appear. Update of the map to reflect streets that move from
the unimproved to improved status; streets that are improved with curb and
gutter; and parcel database to reflect those changes on an annual basis.
4. Continue review, implementation and enforcement of sidewalk installations
relative to subdivisions, site plans, street reconstructions, installation assessment
projects and individual developments/improvements.
Options for notification and enforcement methods:
1. Notify the 2,467 property owners that any future improvements meeting the
development criteria will require the sidewalk installation.
2. Publish the amended ordinance in the Telegraph Herald. Send letters of
information to Board of Realtors, home builders, consultants, architects and
designers to remind them of the sidewalk installation requirements.
3. Develop assessment programs for sidewalk installation throughout the City. This
could include areas that would be "spotty" in nature or areas of great length that
would require sidewalk installation. Citizens may view this .approach as
aggressive in these hard economic times and most likely would submit petitions
of opposition.
The Dubuque Model of Sustainable Principles includes as priorities, "Community
Design" and "Reasonable Mobility". The assessment approach may put the council
in a difficult situation deciding between "sustainable community" and response to its
citizens for and against sidewalks.
With respect to this option there may be the possibility of stimulus funds to assist in
the cost of this construction, as well as the existing City program of cost assistance
for new sidewalk installation.
As in the past, appeals to the installation enforcement would be addressed by the City
Manager or City Council.
REC®MNIN®,4TI®N
The Engineering Department and Building Services is recommending Steps 1-4 be
taken and only notification and enforcement option No. 2 be followed.
i4CTl®N °f0 BE TAKEN
After review of the history, background information and proposed steps or options to
resolve this issue, we ask your direction, concurrence or other steps or directions you
wish us to take.
cc: Rich Russell, Building Services
Laura Carstens, Planning Services
David Harris, Housing & Community Development
Ron Turner, PLS
Jane Smith, EAII
ORDINANCE NO. 25-09
AMENDING CHAPTER 41, STREETS, SIDEWALKS AND PUBLIC PLACES, OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY CHANGIND SUBSECTION (a)
AND (b) AND ADDING A NEW SUBSECTION 41-100 (c) AUTHORIZING CITY
MANAGER TO REVIEW APPEALS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That Art. V, Section 41-100 of the Code of Ordinances, City of Dubuque, is
amended by changing subsections (a) and (b) and by adding subsection (c):
Section 41-100. Installation
(a) The owner of any lot or parcel in any area of the city, whether such lot or parcel
is residential, commercial, or industrial, that abuts upon any improved public
street that has curb and gutter shall, at the owner's cost, install sidewalk on such
lot or parcel when said lot or parcel is developed or redeveloped or at the
direction of City Council. For purposes of this paragraph, development or
redevelopment means any improvement that requires a building permit, site plan
approval, and changes the footprint of the structure.
(b) The City Manager shall make the initial review of appeal and may approve, deny
or forward to City Council for their action.
(c) This ordinance shall take effect on publication.
Passed, approved, and adopted this 4th day of May, 2009
Roy D. Buol, Mayor
Attest:
Deanne F. Schneider, CMC, City Clerk