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Sidewalk Installation Ordinance DU~~E ~ck~ 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. , \ ' . (' /ì. .' II .'! ; \ul "'I. IJL Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, Acting Public Works Director/City Engineer DU~~E ~ck~ 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