Revised Sidewalk Replacement Policy Proposal Related to Street Tree Impacted SidewalksCity of Dubuque
City Council Meeting
Action Items # 6.
Copyrighted
May 17, 2021
ITEM TITLE: Revised Sidewalk Replacement Policy Proposal Related to Street Tree
Impacted Sidewalks
SUMMARY: City Manager recommending City Council approval of a revision to the
sidewalk replacement policy related to street tree impacted sidewalk,
which includes not assessing the abutting property owner for the sidewalk
replacement caused by the former location of a City street tree effective
May 17, 2021.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Revised Sidewalk Replacement Policy-MVM Memo City Manager Memo
Staff Memo Staff Memo
Dubuque
THE CITY OF
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Revised Sidewalk Replacement Policy Proposal Related to Street Tree
Impacted Sidewalks
DATE: May 13, 2021
City Engineer Gus Psihoyos and Leisure Services Manager Marie Ware recommend
City Council approval of a revision to the sidewalk replacement policy related to street
tree impacted sidewalk, which includes not assessing the abutting property owner for
the sidewalk replacement caused by the former location of a City street tree effective
May 17, 2021.
Iowa Code and Dubuque's City ordinance states that the abutting property owner is
responsible for all maintenance in the area between the property line and the back of
curb. City policy is property owners are required to replace sidewalks that are defective
no matter what has caused the defect. When the City is notified of a sidewalk defect a
notice is sent to the abutting property owner. The property owner is provided a time
frame to correct the defect(s). If a property owner fails to correct a defect the City
intervenes, corrects the defect, and assesses the property owner for the project.
There is an exception regarding sidewalks disturbed by street trees a second time. If the
sidewalk has been replaced by the abutting property owner once due to a tree heaving
or affecting the sidewalk, the City warrants any future sidewalk replacement caused by
the tree. Upon a repeat instance, the City repairs the sidewalk.
Leisure Services and Engineering are proposing that any sidewalk impacted by a City
owned tree be replaced/repaired by the City at City expense. This change in policy
would allow the Engineering Department to have a combined stump/sidewalk
replacement project with the City paying for the sidewalk repairs instead of the abutting
property owner the first time and all subsequent times it may occur. The advantage is
this allows staff to work with a single contractor to coordinate removal of the stump and
timely repair of the sidewalks on a particular project. Combining the stump work and
sidewalk replacement (if needed) will allow for a single contractor to address all issues
associated with the tree and stump removal. This limits the disruption of pedestrian
walkability, utility locate tickets, bid pricing, and staff hours. The intent would be to bid
out 200 stumps for removal this year, in two separate bid packages (100 each).
Of the 200 ash tree stumps, it is estimated 40% or 80 of the stumps have hazardous
sidewalks in the vicinity of the stump that have yet to be corrected. This would normally
result in the homeowner being responsible for the repair of the sidewalk.
The typical time it takes Engineering staff to mark hazardous sidewalks, process letters,
coordinate finding a contractor if property owner does not cooperate, develop
assessment documents, and follow up is 4 staff hours for each abutting property.
Based on 80 locations, this equates to 320 hours or 8 weeks of continuous staff time.
On average, if 15 feet of sidewalk needs to be replaced at each stump location at 2020
pricing of $82.38 per square yard. The City's cost for repairing these hazardous walks
would cost approximately $44,000. The cost of sidewalk repair for each property/tree
site would be approximately $550.
Funds are available in the city budget in two programs, Sidewalk Construction and Curb
Repair and Contract Emerald Ash Borer Tree and Stump Removal.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Marie L. Ware, Leisure Services Manager
I
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Marie L. Ware, Leisure Services Manager
DATE: May 12, 2021
Dubuque
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2007-2012.2013
2017*2019
RE: Revised Sidewalk Replacement Policy Proposal Related to Street Tree
Impacted Sidewalks
INTRODUCTION
The purpose of this memo is to request revision of the current City policy to assess
property owners for costs related to sidewalk replacement due to a street tree in the City
right of way.
BACKGROUND
Iowa Code and Dubuque's City ordinance states that the abutting property owner is
responsible for all maintenance in the area between the property line and the back of
curb. City policy is property owners are required to replace sidewalks that are defective
no matter what has caused the defect. When the City is notified of a sidewalk defect a
notice is sent to the abutting property owner. The property owner is provided a time frame
to correct the defect(s). If a property owner fails to correct a defect the City intervenes,
corrects the defect, and assesses the property owner for the project.
There is an exception regarding sidewalks disturbed by street trees a second time. If the
sidewalk has been replaced by the abutting property owner once due to a tree heaving
or affecting the sidewalk, the City warrants any future sidewalk replacement caused by
the tree. Upon a repeat instance, the City repairs the sidewalk.
Trees that are causing sidewalk issues are evaluated by the City's Urban Forester. If the
tree is deemed to be healthy and should remain the practice has been and continues to
be that the sidewalk should be altered to go around the tree. The urban tree canopy is
very important to our community. It's preservation and expansion are critical to numerous
City Council goals. If the tree is declining or dead, it is put on the schedule to be removed
by the Leisure Services forestry crew or a tree removal contractor.
The devastating effects of Emerald Ash Borer (EAB) has quickly ramped up in the last
seven years and affected trees across all of Dubuque. The map below shows ash tree
removals between 2015-2020.
Both Leisure Services and Engineering are involved in addressing the impacts of EAB.
Leisure Services currently either hires a contractor or directly performs the work to
remove street trees and stumps. With the rapid spread of EAB across the City, there are
many street trees and stumps that need to be addressed. Ash trees are declining as is
witnessed by the fully and partially dead ash trees seen throughout the community. The
dead and dying street trees become a liability for the City if they are not removed. Falling
limbs cause damage to vehicles, homes and potentially even people. Ash trees become
very brittle once they are completely dead. Therefore, ash tree removal is a high priority
for the Leisure Services Department. After the tree removal, Engineering becomes
involved to address defects in sidewalks which include heaving of the sidewalks due to
the tree's growth when it was alive.
Currently, there are more than 400 stumps that need to be removed due both to EAB tree
removal and removal of hazardous City street trees due to death or storm related
activities. The priority for Leisure Services has been to get hazardous trees down. The
remaining stumps, in many cases, are next to sidewalks that are non -compliant which
could cause a trip hazard liability to the abutting property owner and City.
A backlog of stumps has resulted due to the focus remaining on tree removal. The
removal of stumps must be coordinated with the repair of the sidewalk in most locations.
In some location's sidewalks need to be removed to remove the stumps. In many
locations, sidewalks cannot be properly repaired until stumps are removed, leaving a
hazard to the public to exist until Leisure Services forestry crew or a stump removal
contractor can get to a particular property.
2
Last summer, Leisure Services hired a contractor to remove stumps and Engineering
followed up with notifying property owners to fix sidewalks and hired concrete contractors
to repair sidewalks, when necessary. This was very staff intensive effort due to the policy
of having abutting property owners repair the sidewalks damaged the first time by the
street tree(s). Additionally, the stump contractors can move at a much quicker pace than
the sidewalks can be addressed by Engineering. For example, a stump removal
contractor may remove a large number of stumps in an area and then Engineering finds
it difficult to coordinate with all the different property owners to make the necessary
sidewalk repairs in a timely fashion.
DISCUSSION
Leisure Services and Engineering are proposing that any sidewalk impacted by a City
owned tree be replaced/repaired by the City at City expense. This change in policy would
allow the Engineering Department to have a combined stump/sidewalk replacement
project with the City paying for the sidewalk repairs instead of the abutting property owner
the first time and all subsequent times it may occur. The advantage is this allows staff to
work with a single contractor to coordinate removal of the stump and timely repair of the
sidewalks on a particular project. Combining the stump work and sidewalk replacement
(if needed) will allow for a single contractor to address all issues associated with the tree
and stump removal. This limits the disruption of pedestrian walkability, utility locate
tickets, bid pricing, and staff hours. Our intent would be to bid out 200 stumps for removal
this year, in two separate bid packages (100 each).
Of the 200 ash tree stumps, it is estimated 40% or 80 of the stumps have hazardous
sidewalks in the vicinity of the stump that have yet to be corrected. This would normally
result in the homeowner being responsible for the repair of the sidewalk.
The typical time it takes Engineering staff to mark hazardous sidewalks, process letters,
coordinate finding a contractor if property owner does not cooperate, develop assessment
documents, and follow up is four (4) staff hours for each abutting property. Based on 80
locations, this equates to 320 hours or 8 weeks of continuous staff time. On average, if
15 feet of sidewalk needs to be replaced at each stump location at 2020 pricing of $82.38
per square yard. The City's cost for repairing these hazardous walks would cost
approximately $44,000. The cost of sidewalk repair for each property/tree site would be
approximately $550.
The Leisure Services and Engineering Departments are proposing that the City cover the
costs of the repair of these hazardous sidewalks for the following reasons:
• EAB has made a large impact on the street trees in the City. The tree removal work
due to EAB is unprecedented for the City. Other environmental factors and storms
also led to removal of many street trees (not ash) in the last 10 years. In many
cases the sidewalk needs to be removed due to tree roots heaving the sidewalk
and/or the tree stump is so close to the sidewalk that it must be removed to allow
for full removal of the stump.
3
• Property owners cannot repair or replace sidewalks until stumps are removed.
This leaves noncompliant sidewalks in place increasing the likelihood of injury,
damages, and lawsuits. When a sidewalk related injury lawsuit is filed the City is
usually named along with the property owner. While the City transfers the liability
to the abutting property owner in at least one ongoing case the property owner's
insurer has refused the City's tender of defense meaning the City continues to
incur legal defense fees even though the property owner will have to indemnify the
City for any damages assessed to the City for the injury. When a delay in a
sidewalk repair results from the City's delay in removing the stump there is an
argument to be made the City should share in the liability.
• Many residents have complained about why they are responsible to repair
sidewalk caused by a City owned tree. In most cases, the resident did not plant
the tree that is causing the issue. Citizens complain of the unfairness of the current
policy requiring them to pay for the sidewalk repair.
o Please note, there are circumstances where the City did not plant the street
tree causing the issue. The research time needed to determine for each tree
between the sidewalk and the curb or in the City right of way is time intensive
for Leisure Services forestry and Engineering staff. This time for the limited
number of circumstances that could prove it was a resident or business tree
planting that caused the issue is not a wise use of City staff resources.
• Staff have researched other Iowa cities to see what their policies are regarding
stumps and sidewalk replacement. These policies are attached to this memo.
Cities that were surveyed included Davenport, Iowa City, and West Des Moines.
Three cities surveyed repair the sidewalk caused by a tree issue at no cost to the
property owner.
• Staff will save considerable time in coordinating sidewalk repair and stump removal
by not assessing the abutting property owner for the sidewalk related to the stump.
Hundreds of hours of staff time will be saved over what normally must occur with
issuing special assessments to repair sidewalks related to stumps.
• The City already pays for sidewalk repairs if a sidewalk had to be repaired once by
the abutting property owner before due to a tree. There are many sidewalk sections
near trees that have already been altered once and the City has responsibility to
repair the sidewalk in the future.
• Sidewalks that are defective but not directly affected by a tree will still be the
responsibility of the abutting property owner. This policy change does not affect
that responsibility. In the photo below, the City would cover the costs of the few
panels of sidewalk directly behind the tree stump and impacted by the stump. The
remainder of the defective sidewalk would be the responsibility of the property
owner.
4
RECOMMENDATION
We recommend approval of the policy revision where the City covers the cost of sidewalk
repair/replacement directly impacted by a City owned tree. Sidewalks that are defective
but not directly affected by a tree would remain the responsibility of the abutting property
owner.
BUDGETIMPACT
The City currently has City Owned Sidewalk Funds and Tree Removal Funds. The
allocations to repair sidewalks and remove trees/stumps for the next few years is as
follows:
Description
FY 21
FY 22
FY 23
Normal
Year
Sidewalk Construction and
$170,000
$100,000
$ 100,000
$50,000
Curb Repair
Contract EAB Tree and
$295,000
$295,000
$ 250,000
Stump Removal
Tree and Stump Removal
$75,000
The additional funds in FY 21, 22 & 23 are accommodating the EAB impact on the tree
and stump removals and related sidewalk impacts. The far -right column displays a normal
budget for City owned sidewalk repair and tree and stump removal.
REQUESTED ACTION
We respectfully request approval of the sidewalk replacement policy revision related to
street tree impacted sidewalk, which includes not assessing the abutting property owner
5
for the sidewalk replacement caused by the former location of a City street tree effective
May 17, 2021.
Prepared by Luke Steger, Engineering Technician, Jon Dienst, P.E., Marie Ware,
Leisure Services Manager
cc: Crenna Brumwell, City Attorney
Stephen Fehsal, Park Division Manager
Phil Grommet, Engineering Technician
Kerry Bradley, Engineering Secretary
Attach: Examples from Three Cities
0
City of Davenport / Our Community_» Neighborhoods » Sidewalks, ADA Curbs, Driveways & Boulevards)) 50/50
Sidewalk Repair Program Cost Share
50/50 SIDEWALK REPAIR PROGRAM COST
SHARE
50/50 Sidewalk Repair Cost Share Program Description/Eligibility/Requirements
• Only public sidewalks in the city right-of-way qualify; service walks which run to the house or
curb from the city sidewalk are excluded from the program.
• Funding is available on a first come first serve basis; some requests/cost shares may be placed on
a waiting list for future funds.*
• Single-family through three-plex multi -family housing properties are eligible. The program is not
available to multi -family properties greater than a three-plex or commercial properties.
• Only sidewalk slab(s) that have been determined hazardous and requiring repair/replacement
are eligible. Eligible sidewalks include those:
• With a 1" or more trip hazard
• That are buckling due to tree root growth**
• That are settling, with the sidewalk dipping 2" or more
• That are tipped, tilted or sloped more than 1" per foot
• That are spalled, missing surface, have more than three cracks per 4' x 4' square and show
signs of distress
• Work must be performed by the city contractor to be eligible for cost -sharing.
*On occasion sidewalks may be deemed so hazardous (condemned) that immediate remediation is
necessary, and the work ordered to be completed at the property owner's expense. If 50/50 funds
are unavailable other funding opportunities may exist with our Community Planning and Economic
Development Department.
**Sidewalk slab(s) that are buckling due to root growth of a city tree (boulevard tree) are replaced
by the city at no cost to the property owner.
P
Sidewalk Repair Program I City of Iowa City
City responsibilities
Overwidth sidewalks - If the sidewalk is 8 feet in width, the City will share in the costs to repair the
sidewalk. The City will be responsible for one-half the costs to repair the sidewalk. If the property
owner is repairing the sidewalk, they must receive approval from the City prior to commencement of
repairs. If the City repairs the 8-foot sidewalk, the property owner will be invoiced one-half of the
construction costs plus a $25 administrative fee.
However, if the damage to the sidewalk can be directly attributable to the adjoining property owner's
actions (i.e. a home construction or landscaping project), the property owner will be responsible for
the full 8' width.
City causes - If the damage to the sidewalk is caused by a City owned item, i.e. a water main valve
(not a service valve), a sewer manhole located within the sidewalk, or a tree located with the
parkway, the City will take responsibility for the repair of the sidewalk directly as long as the damage
is directly attributable to the item. Just because a City -owned item is present does not automatically
mean that the item is the cause of the damage. Each situation will be evaluated individually by City
staff.
Curb ramps - The City is responsible for the maintenance and repair of curb ramps across public
streets.
For more information, call 319-356-5140.
City Government
Departments and Divisions
Public Works
Engineering
Sidewalk Repair Program
Sidewalk Repair Frequently Asked Questions
Construction Project Bids
Dodge Street Reconstruction Project
Public Storage Units Prohibited in the Public Right -of -Way
Road Construction Projects
Select Language
https://www.icgov.org/sidewalkrepair 3/8
1/8/2021 Sidewalk Program Questions and Answers I West Des Moines, IA
Sidewalk Program Questions and Answers
The specific area where work is needed on a sidewalk will be marked with white paint.
complete the sidewalk work on their own and are encouraged to do so. The City has a
list of other sidewalks needing repair in case residents would want to join with
neighbors to complete the repair work, or jointly retain a contractor to do the work.
The following questions and answers should help you understand the program;
however, please contact Public Services at 222-348o, if you have any additional
questions.
"Why must I pay for irr The State Code of Iowa (Chapter 364.12 and 364.13) and
West Des Moines City Code places the responsibility for repair and maintenance of
sidewalks on each property owner. More important, however, is the fact that courts have held property owners
responsible for injuries when people have fallen on defective sidewalks.
Property owners may
"Who is responsible for repairing my damaged irrigation system?" Any irrigation system (lines or
heads) that are in the public right-of-way are susceptible to damage and are the responsibility of the homeowner
to repair. These lines are not approved by the City to be in the public right-of-way and are not part of the utility
Iowa One Call System. Often they are in direct conflict with the necessary work.
"May I cut or grind Defect A?" A property owner may cut or grind a vertical deflection between two panels
until the transition is smooth.
"What happens if I sell my property either before or after I receive the final bill for this project?"
If a property owner sells their property before the final bill is received it will be up to the property owner and the
buyer to determine the best method of handling the estimated amount due. If the property is sold after the final
bill is received (and the property owner decided to pay nothing on the amount due) it will again be up to the
property owner and the buyer to determine the best method of handling what remains to be paid.
"May I mud jack or raise (Defect A) or (Defect B — Sunken Sections) repairs?" Mud jacking is
permitted for these repairs unless the panels are already cracked; then it must be replaced. Raised sidewalks must
be properly supported with stable suitable fill material.
Ldfamaging
f trees are damaging the sidewalk?" If the damage to the sidewalk is caused by a tree in the right-
e City will repair the sidewalk at no cost to the property owner. If the tree is on private property and
the sidewalk then the resident wi e response e or cotes associated to the necessary repair. The
trim the necessary tree roots out of the sidewalk corridor. Please contact us as in advance so we can
the work.
For additional questions or information, please call Public Services at 222-3480.
https://www.wdm.iowa.gov/governmentlpublic-services/community-compliance/sidewalk-program-questions-and-answers 1/2