Sidewalk Installation Ordinance AmendmentTHE CITY OF rr,~.
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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
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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
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.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.
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D: Buol, Mayor
Attest:
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eanne F. Schneider, CMC, City Clerk