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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 Proposed City Policy for Brick Sidewalks 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