Brick Sidewalks_City PolicyTHE CITY OF C
DUB E
Masterpiece on the Mississippi
MEMORANDUM
October 3, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed City Policy for Brick Sidewalks
City staff is recommending adoption of a policy that prohibits the installation of brick
sidewalks in the traveled portion of the right-of-way, which shall be a minimum of four
feet in width. This will accommodate people with wheelchairs, strollers and assistive
walking devices.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kelly Larson, Human Rights Director
Laura Carstens, Planning Services Manager
Gus Psihoyos, City Engineer
THE CTIY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
September 19, 2007
To: Michael Van Milligen, City Manager
From: Laura Carstens, Planning Services Manager
Kelly Larson, Human Rights Director
Gus Psihoyos, City Engineer
Subject: Proposed City Policy for Brick Sidewalks
Introduction
This memo provides our recommendation for a City policy for the installation of brick
sidewalks in the public right of way. We are recommending against brick sidewalks in
the traveled portion of the public right of way. We recommend broom finished concrete
on the traveled portion of any sidewalk that is part of the public right of way. The
traveled portion must be a minimum of four feet in width.
Background
In 2005, staff reviewed with you the question of whether or not to permit brick sidewalks
in the public right of way. Following our discussion with you and at a City Council work
session, the recommendation was that we should no longer permit brick sidewalks in
the traveled portion of the public right of way. In November of 2005, the Historic
Preservation Commission requested additional consideration by City staff.
Discussion
In response to this request, the Engineering staff took a wheelchair across a variety of
surfaces to evaluate the impact on the rider, we have reviewed the state of the current
federal law, and we received advice from ADA Consultant Michele Ohmes when she
was in town in June, 2007.
First, the Engineering staff found the vibration caused in traveling across a brick
sidewalk to be of concern when tested. While we do not have a video demonstrating
the impact of traveling across a brick sidewalk, we are attaching to this memo an
electronic copy of a video taken by Michele as she traveled the Riverwalk. This video
Proposed City Policy for Brick Sidewalks
Page 2
demonstrates some of the difficulty that can be encountered by a wheelchair user on an
uneven surface, and contrasts it with traveling across smooth concrete.
Second, the Americans with Disabilities Act Guidelines (ADAAG) have not changed
since our 2005 memo, but the Access Board's Public Rights of Way Advisory
Committee (PROWAC) continues to debate recommended changes to ADAAG.
Currently, so long as brick sidewalks are firm, stable, and slip resistant with unbeveled
changes in level of no greater than '/ inch, they can meet ADAAG as it currently stands.
However, they must be properly installed and properly maintained in order to be in
compliance. If the bricks shift with the weather, for example, the sidewalk is likely to be
in violation of the ADA.
While the legal standards themselves remain unchanged, the PROWAC has changed
somewhat its recommendation for ADAAG updates. At the time of our earlier memo,
PROWAC recommended standards were phrased in a way that would have precluded
the use of brick pavers. Following the publication of those standards, a group of unit
masonry associations funded a study through the University of Pittsburgh which
purported to conclude that there was no vibration difference between bricks properly
installed and smooth concrete. As a result, the language in the proposed changes has
been loosened to state only that surface discontinuities should be minimized and, if
unavoidable, should be widely separated.
Third, Michele Ohmes, ADA specialist for the City of Kansas City and a national
consultant, strongly recommends against the use of brick in the traveled portion of a
sidewalk. Michele serves on the PROWAC and has been heavily involved in
discussions regarding standards for sidewalk surfaces and recommended changes to
ADAAG. She recommends against the use of brick because of the vibration and pain
that it causes for users with any sort of nerve damage or other painful condition. It also
is difficult for the elderly and those who use walkers or crutches. It can also cause
problems for babies in strollers who do not have sufficient muscle development to
control the movement of their heads. She states that the reason the recommended
standards do not include a vibration free zone is because of the difficulty of determining
how, from a legal perspective, vibration could be measured in a way that is easily
enforceable. She states that stamped concrete is an acceptable alternative to a broom
finish if the scoring is not too deep or too wide.
Finally, we have been concerned from the outset that even though it is technically
possible to install a brick sidewalk in a manner that is consistent with the current legal
standards under the Americans with Disabilities Act (ADA), practical concerns dictate
against it. The City bears responsibility for ensuring that sidewalks within the public
right of way are accessible for people with disabilities. Allowing the use of brick will
place an additional burden on the City not only to inspect the original installation, but to
continue inspecting to insure that the sidewalks remain in compliance. While it may be
possible to install a brick sidewalk so that it is virtually vibration free, it will take closer
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Page 3
and probably more frequent inspection and re-assessment to insure that it remains a
smooth traveling surface, as compared to a broom finished sidewalk.
Recommendation
Taking into consideration the foregoing information, as well as reasons of practicality
and City liability, we continue to recommend against allowing the installation of brick
sidewalks in the traveled portion of the public right of way. We recommend broom
finished concrete on the traveled portion of any sidewalk that is part of the public right of
way. We are not recommending any retroactive changes to existing brick sidewalks or
other textured surfaces, such as the Riverwalk. Rather, our recommendation would
apply as sidewalks are newly created and/or replaced. We are recommending
modification of the Architectural Design Guidelines for Historic Districts to not allow brick
sidewalks within the traveled portion of the public right of way. There are several brick
sidewalk projects in the historic districts that were previously approved by the City
Council. We are not recommending changes to these projects.
Action Requested
The action requested is that a final decision regarding a City policy for the installation of
brick sidewalks in the public right of way be communicated to the Historic Preservation
Commission and the Human Rights Commission, both of whom have an interest in this
decision.
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager