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Sidewalk Installation Ordinance AmendmentTHE CITY OF rr,~. DLTB- E Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Sidewalk Installation DATE: September 1, 2009 Dubuque alaamer~caci~ ./.~ 2007 City Engineer Gus Psihoyos recommends City Council approval of an amendment to the City of Dubuque Code of Ordinances, Title 10, Public Ways and Property, Chapter 10-1-2, Sidewalk Installation and Repair to clarify the criteria for required sidewalk installation. The ordinance would still indicate that the City Manager would have the authority to grant a full or partial exception to the requirement or forward an appeal with the City Council. concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CTTY OF Dubuque -~. DUB E A~~~~ ~ r .Masterpiece on the Mississippi 2007 TO: Michael Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer ~~ DATE: August 31, 2009 SUBJECT: Sidewalk Installation INTRODUCTION This memo is to request an amendment in City of Dubuque Code of Ordinances, Title 10, Public Ways and Property, Chapter 10-1-2, Sidewalk Installation and Repair, to clarify the criteria for required sidewalk installation. This change is in response to a variety of situations that have been encountered since the May 4, 2009 City Council adoption of Ordinance 25-09. DISCUSSION On May 4, 2009, the City Council approved Ordinance 25-09 stated: (a) "The owner of any lot or parcel in any area of the residential, commercial, or industrial, that abuts upo has curb and gutter shall, at the owner's cost, instal when said lot or parcel is developed or redeveloped For the purposes of this subsection, "developmen improvement that requires a building permit, site footprint of the structure". city, whether such lot or parcel is ~ any improved public street that a sidewalk on such lot or parcel or at the direction of city council. or redevelopment" means any plan approval, and changes the (b) The City Manager shall make the initial review of appeal and may approve, deny or forward to City Council for their action." Based on a meeting among the Engineering Department, Building Services, Planning Services, and the City Attorney's office, it is recommended that the ordinance be amended to better define the terms of sidewalk installation criteria. The development or redevelopment would mean any improvement that creates a new parking lot, new principal structure, garage, carport, covered deck, or covered patio on the lot or parcel or changes the footprint of the parking lot, principal structure, garage, carport, covered deck, or covered patio on the lot or parcel. The ordinance would still indicate that the City Manager would have the authority to grant a full or partial exception to the above requirement or forward an appeal to the City Council. RECOMMENDATION The Engineering Department, Building Services, Planning Services, and the City Attorney's office recommend that the City of Dubuque Code of Ordinances, Title 10, Public Ways and Property, Chapter 10-1-2, Sidewalk Installation and Repair, be amended to clarify the criteria for required sidewalk installation. ACTION TO BE TAKEN The City Council is requested to adopt the attached ordinance for the proposed amendment to City of Dubuque Code of Ordinances, Title 10, Public Ways and Property, Chapter 10-1-2, Sidewalk Installation and Repair, to clarify the criteria for required sidewalk installation. cc: Rich Russell, Building Services Laura Carstens, Planning Services David Harris, Housing & Community Development Director Ron Turner, PLS Jane Smith, Engineering Assistant II Prepared by: Tim O'Brien, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 ORDINANCE NO. 44-09 AMENDING TITLE 10, PUBLIC WAYS AND PROPERTY, OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPLEAING CHAPTER 10-1-2, SIDEWALK INSTALLATION AND REPAIR, AND ADOPTING A NEW CHAPTER 10-1-2 Section 1. Title 10, Public Ways and Property, Chapter 10-1-2, Sidewalk Installation and Repair of the Code of Ordinances, City of Dubuque, is repealed and a new Chapter 10-1-2 is adopted as follows: Chapter 10-1-2. Sidewalk Installation and Repair: A. Installation: 1. The owner of any lot or parcel in the city, that abuts upon any improved public street that has concrete or stone curb shall, at the owner's cost, install to standard city specifications sidewalk along the full length of the portion of the lot or parcel abutting the public street 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 creates a new parking lot, new principal structure, garage, carport, covered deck, or covered patio on the lot or parcel or changes the footprint of the parking lot, principal structure, garage, carport, covered deck, or covered patio on the lot or parcel. 2. Upon application and for good cause shown, the City Manager may grant a full or partial exception to the above requirement. This ordinance shall take effect on publication. Passed, approved, and adopted this stn day of se-otember , 2009. ~z , ?'f6~ . F j D: Buol, Mayor Attest: '~~-°~ eanne F. Schneider, CMC, City Clerk