Sidewalk Installation Ordinance
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MEMORANDUM
December 13, 2004
TO:
The Honorable Mayor and City Council Members
,
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Sidewalk Installation Ordinance
Since 1970, as part of the subdivision approval process, a requirement for the
installation of sidewalks is included in the resolution approving the final plat of the
subdivision, as provided in the Code of Ordinances. Section 42-24(e) requires the
owner of a lot to install sidewalks when the lot is improved or when 80% of the lots in
the subdivision are improved. Some subdivisions have frontage or existing streets
where no sidewalk has ever been installed. Site plans submitted for lots on existing
public streets typically show no sidewalk and the Engineering Department requests
revisions to the site plan to include sidewalks. This becomes a point of disagreement
with a developer if: 1) there are no existing connecting sidewalks in the area; and/or 2)
the City Council has previously approved a street reconstruction project and deleted the
sidewalk requirement.
Acting Public Works Director/City Engineer Gus Psihoyos recommends that the Code of
Ordinances be amended by City Council to establish a requirement to install sidewalk.
In order to provide clear direction for site plan and subdivision review, the proposed
Ordinance requires that sidewalks be installed on all lots on a public street for which a
building permit or site plan approval is sought in order to provide an adequate safe area
for pedestrian traffic, and that exceptions to the Ordinance be granted only by action of
the City Council.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Acting Public Works Director/City Engineer
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MEMORANDUM
December 14, 2004
FROM:
Michael C. Van Milligen, City Manager í) ~
Gus Psihoyos, Acting Public Works Director _.~/
TO:
SUBJECT: Sidewalk Installation Ordinance
INTRODUCTION
The Engineering Department requests adoption of an ordinance governing the
installation of sidewalks on public streets.
BACKGROUND
Since 1970, as part of the subdivision approval process, a requirement for the
installation of sidewalks is included in the resolution approving the final plat of the
subdivision, as provided in the Code of Ordinances, Section 42-24(e). Section
42-24(e) requires the owner of a lot to install sidewalks when the lot is improved
or when 80% of the lots in the subdivision are improved. Some subdivisions
have frontage or existing streets where no sidewalk has ever been installed. Site
plans submitted for lots on existing public streets typically show no sidewalk.
The Engineering Department therefore requests revisions to the site plan to
include sidewalks. This becomes a point of disagreement with a developer if: 1)
there are no existing connecting sidewalks in the area; and/or 2) the City Council
has previously approved a street reconstruction project and deleted the sidewalk
requirement.
In the past, City Engineering has taken the position that sidewalk installation
should be required on all public streets which have curb and gutter when
improvements are being made to a parcel on that street. However, the deletion
of sidewalks from street assessment projects has made continuation of this
policy less clear to the Engineering Department.
DISCUSSION
Examples of streets where City Council has deleted sidewalk installation are:
. Radford Road, from Pennsylvania Avenue to Asbury city limits;
. John F. Kennedy Road, from Asbury Road to Spring Valley;
. John F. Kennedy Road, from Spring Valley to the City limits;
. Fremont Avenue, from Valentine Drive to North Cascade Road; and
. Center Grove Drive from Cedar Cross Road to Wacker Drive.
Objections to requiring sidewalks along other similar streets have become
numerous, and the Engineering Department believes that there is no longer a
clear policy on which to base a response to such objections. Recent examples to
such sidewalk installation are: Dubuque Community Schools and Pizza Ranch
on Radford Road; Honkamp Krueger & Co. PC. on John F. Kennedy Road; Ace
Hardware on John F. Kennedy Road; convenience store at Fremont and Cedar
Cross Road; and Anderson-Weber on Center Grove.
RECOMMENDATION
The Engineering Department recommends that the Code of Ordinances be
amended by City Council to provide for sidewalk installation. In order to provide
clear direction for site plan and subdivision review, the proposed Ordinance
requires that sidewalks be installed on all lots on a public street for which a
building permit or site plan approval is sought in order to provide an adequate
safe area for pedestrian traffic, and that exceptions to the Ordinance be granted
only by action of the City Council, as the City Council recently instituted for
removal of existing sidewalks.
ACTION TO BE TAKEN
It is the recommendation of the Engineering Department that sidewalks be
required when any lot is developed on a public street with curb and gutter,
whether within or outside of an approved subdivision, or along a public street
where the City Council has previously deleted sidewalks as part of a street
assessment project. The City Council is requested to adopt the attached
Ordinance adding Section 41-100 requiring sidewalk on improved public street
where any improvement requires a building permit or site plan approval.
Prepared by Ronald J. Turner, PLS
cc: Barry Lindahl, Corporation Counsel
Tim O'Brien, Assistant City Attorney
Laura Carstens, Planning Services
Kyle Kritz, Planning Services
Jane Smith, Engineering
Ronald J. Turner, PLS
ORDINANCE NO. 86-04
AMENDING CHAPTER 41, STREETS, SIDEWALKS AND PUBLIC
PLACES, OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY
ADDING A NEW SECTION 41.100 REQUIRING SIDEWALK
INSTALLATION AND BY RETITLING ARTICLE V. AS SIDEWALK
INSTALLATION AND REPAIR
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Art. V of the Code of Ordinances, City of Dubuque, is
retitled Sidewalk Installation and Repair and is further amended by adding the
following new Section 41-100:
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 or site plan approval.
(b) No exception to the requirement of paragraph (a) shall be
permitted except by the City Council upon written appeal filed with the City Clerk.
Passed, approved and adopted this 20th day of December, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne Schneider, CMC, City Clerk