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2a New Sidewalk Program Memo & Resolution DEPARTMENT OF PUBLIC WORKS MEMORANDUM ~ May 24, 2007 TO: Steven E. Sheiffer, City Manager FROM: Christina Betz, Engineering Manager c.1 b SUBJECT: PUBLIC HEARING AND ACTION ON A PROPOSED FINAL RESOLUTION FOR THE 2007 NEW SIDEWALK PROGRAM (RESOLUTION NO. 2007-392) SUMMARY The Public Works - Engineering Division annually submits to the City Council a New Sidewalk program that focuses on filling in sidewalk gaps. The attached Resolution No. 2007 -392 includes the proposed "unfunded" sidewalk for this year, which requires City Council approval prior to construction. The annual sidewalk program also provides for sidewalk construction in new developments. Sidewalks in new developments are already funded and require no City Council action. The 2007 New Sidewalk program was introduced at the April 23, 2007 meeting, in which the City Council requested staff to add sidewalks on South Willard Avenue and South Grant Street (between King Street and Kellogg Avenue) to the resolution. At the upcoming public hearing, the City Council can eliminate sidewalk from the program and final resolution but can no longer add sidewalk to this program. The Engineering Division recommenqs the City Council hold the public hearing and take action as deemed appropriate. BACKGROUND City Council Policy No. 70 establishes the criteria and procedures for the construction of sidewalks, and it also governs the manner in which sidewalks are assessed to property owners. Sidewalk installation is initiated through requests by citizens or City Council members and from recommendations by City staff. City staff received no citizen petitions or requests for sidewalk installations this year. The sidewalk gaps for the 2007 program were selected based on the following: as proposed by City Council during last year's program, located on major streets, in the vicinity of schools and pedestrian generators, generally a quarter mile in length or less, or if there is an overriding public safety concern. City staff makes recommendations for sidewalk construction based on sidewalk gaps identified on the City's Comprehensive Sidewalk map (attached). The map identifies both unfunded and funded sidewalk. The unfunded walk may fall into one of two categories due to historical revisions to Council Policy No. 70. Prior to 1977, the designation of sidewalks on subdivision plats or certified survey maps was not officially required. The comprehensive sidewalk map was developed by City planners several years ago in order to address this dilemma and provide for sidewalks in pre-1977 subdivision areas. The other category of unfunded walk included on the comprehensive J:\DevelopmentlEngineering\Public WorkslResolutions\2007\2007 New Sidewalk _Final Resolution_Revised. doc City Council Memo - Proposed Resolution for 2007 New Sidewalk Program (Resolution No. 2007-392) May 24, 2007 Page 2 map is sidewalk designated on subdivisions or certified surveys platted since 1977. Because property owners are assessed at the time of sidewalk construction, unfunded sidewalk is listed on the resolution and requires City Council approval prior to construction. Funded sidewalk refers to sidewalk in developments platted under the current policy and ordinance adopted in 1992 with amendments in 1996, 2000, 2003, and 2006. The policy states that 100 percent of the cost of the new sidewalk will be assessed to the developer and funds will be collected when the subdivision plat or certified survey is recorded. The 2006 amendment requires new developments to construct sidewalks on both sides of each street. Funded sidewalk does not appear on the Resolution and requires no Council action. 2007 NEW SIDEWALK PROGRAM The 2007 New Sidewalk program proposes 7.6 miles of new sidewalk, which is comprised of 5.6 miles of unfunded sidewalk and 2.0 miles of funded sidewalk. The attached comprehensive map for the 2007 New Sidewalk program shows locations for unfunded (identified as 2007 program or future planned) and funded sidewalk. Individual maps #1 to #20 are also attached and provide a closer view of streets planned for sidewalk installation. Funding for the sidewalk program is primarily from special assessments charged to property owners (80%). A non-assessable portion of the program (20%), which covers miscellaneous City costs for an estimated amount of $200,000, is funded from the 2007 note issue. Staff distributed written notices to all property owners affected by Resolution No. 2007- 392. The notices provided information on the public hearing scheduled for May 29 and invited the property owners to an informational meeting that was held on Thursday, May 3, 2007. Sixty-four property owners attended the informational meeting, and a packet of comments from affected property owners is included with this memo. RECOMMENDATION The Engineering Division recommends the City Council hold the public hearing and take action on Resolution No. 2007-392 as deemed appropriate. Attachments: Resolution No. 2007-392 Comprehensive Map - 2007 New Sidewalk Program Individual Maps #1 to #20 - Sidewalks Packet of Comments from Affected Property Owners Cc: Herb Stinski, Director of Administrative Services/Assistant City Manager Jack Messer, Director of Public Works/City Engineer arlt{ Matt McGrath, Senior Engineer t?" - J:\DevelopmentlEngineeringlPublic Wot1<slResolutions\2007\2007 New Sidewalk_Final Resolution_Revised.doc 23 APRIL 2007 - REVISED (1) OF (4) CITY OF JANESVILLE 2007 NEW SIDEWALK PROGRAM RESOLUTION NO. 2007-392 A Resolution authorizing the installation of certain sidewalks. WHEREAS, the Common Council of the City of Janesville desires and hereby determines the necessity and public good, safety and welfare for the installation of standard concrete sidewalks of the width, material and method customary for City of Janesville sidewalks, in front of the parcels of land described below where standard concrete sidewalks have not been constructed; and WHEREAS, the Common Council desires that the construction ofthese sidewalks be effectuated pursuant to the empowerment and according to the procedures set forth in Wisconsin Statute Section 66.0907, including but not limited to Subsection 66.0907(3); and WHEREAS, the City anticipates that monies, other than the proceeds of any outstanding debt of the City, will be expended by the City with respect to such capital improvements. The City reasonably expects to be reimbursed for such expenditures with proceeds of its debt. The maximum principal amount of debt expected to be issued for the reimbursement of such expenditures is $1,000,000. No funds from sources other than the debt referred to above are, or are expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City or any entity controlled by the City pursuant to its budget or financial policies with respect to the Projects. This is consistent with the budgetary and financial circumstances of the City. Copies of this Resolution shall be made available for public inspection in the manner required by law. This Resolution is a declaration of official intent under Treasury Regulation Section 1.103.18, as amended and renumbered from time to time; WHEREAS, the expenses to be charged against abutting property owners may be: (a) paid in cash upon completion of the work; or (b) paid with the taxes the first year following completion of the work; or (c) at the election of the property owner, spread over a period offive (5) years with interest at seven-and-one-quarter percent (7-1/4%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with the interest for November and December on the unpaid portion and shall be so entered in the tax roll. Each of the subsequent installments shall be entered in each of the annual tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at seven-and-one-quarter percent (7-1/4%) per annum. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that each of the above recitals are reiterated and incorporated herein by reference as if fully set forth verbatim, and that, pursuant to Wisconsin Statute Section 66.0907 and other applicable statutes, standard concrete sidewalks shall be constructed in front of all herein described parcels of property where standard concrete sidewalks have not been constructed at the following locations along the following streets. J:\Development\Eng ineering\Public W orks\Resolutions\2007\NewSidewalkResolutionREVISED .doc 23 APRIL 2007 - REVISED (2) OF (4) CITY OF JANESVILLE 2007 NEW SIDEWALK PROGRAM RESOLUTION NO. 2007-392 BE IT FURTHER RESOLVED, that the City Manager and his designee(s), on behalf of the City of Janesville, is/are hereby jointly and severally authorized and empowered to negotiate, draft, review, revise, modify, amend, execute, enter into, file and/or record additional notices, agreements, amendments, documents concerning this matter, and to make and take whatever additional other adjustments and/or actions that the City Manager may determine in his sole discretion, from time to time and at any time, necessary and/or desirable in the public interest, health, welfare, peace or benefit to effectuate the intent of this Resolution. Item Side Street From To 1. North Newman Street Milton Avenue 333' East 2. North Refset Drive Kennedy Road Milton Avenue 3. South Morse Street Bell Street 396' East 4. North Briar Crest Drive 375' W. of Cricketeer Drive Amhurst Road 5. West Coventry Drive Briar Crest Drive 94' S. of Westminster Drive 6. East Amhurst Road 135' N. of Briar Crest Drive 464' S. of Westminster Road 7. West N. Wright Road 468' S. of Sandhill Drive 187' N. of USH 14-Humes Road 8. West N. Wright Road USH 14-Humes Road Midvale Drive 9. East Morningside Drive Randolph Road Greenwood Drive 10. Both Morningside Drive Greenwood Drive Curry Lane 11. Both Curry Lane Morningside Drive N. Wright Road 12. North Mackinac Drive Shannon Drive 140' E. of Holly Drive 13. East N. Wright Road E. Milwaukee Street 190' N. of Stuart Street 14. North Kenwood Avenue S. Sumac Drive 85' East 15. South Kenwood Avenue 185' E. of S. Sumac Drive 555' E. of S. Sumac Drive 16. North Kenwood Avenue 594' W. of Huron Drive S. Pontiac Drive 17. East S. Sumac Drive Mt. Vernon Avenue Kenwood Avenue 18. North Ruger Avenue Campus Lane S. Harmony Drive 19. South E. Memorial Drive 160' E. of Ringold Street Randall Avenue 20. Both N. Grant Avenue W. Memorial Drive Highland Avenue 21. Both Highland Avenue N. Grant Avenue N. Crosby Avenue 22. West N. Grant Avenue Highland Avenue 215' South J:\Development\Engineering\Public Works\Resolutions\2007\NewSidewa IkResolutionREVISED .doc 23 APRIL 2007 - REVISED (3) OF (4) CITY OF JANESVILLE 2007 NEW SIDEWALK PROGRAM RESOLUTION NO. 2007-392 Item Side Street From To 23. East N. Grant Avenue Mineral Point Avenue 140' S. of Elizabeth Street 24. South Elizabeth Street N. Willard Avenue 120' East 25. East N. Willard Avenue Elizabeth Street 100' South 26. East Waveland Road W. Court Street Bond Place 27. Both Bond Place Westridge Road 124' W. of Jonathon Drive 28. South Bond Place 124' W. of Jonathon Drive Winesap Drive 29. South W. Delavan Drive S. Cherry Street 400' East 30. West S. Washington Street Joliet Street Nicolet Street 31. Both Crestview Street S. Chatham Street 79' E. of S. Walnut Street 32. West 1742 S. Arch Street W. Conde Street 113' S. of Kensington Street 33. West S. Arch Street Kensington Street Schaller Street 34. North Kensington Street S. Arch Street 84' West 35. South Schaller Street S. Arch Street 80' West 36. South Schaller Street 226' W. of S. Arch Street 372' W. of S. Arch Street 37. North Schaller Street S. Arch Street 230' East 38. West S. Grant Avenue 100' S. of King Street Kellogg Avenue 39. Both S. Willard Avenue King Street Kellogg Avenue 40. West S. Osborne Avenue King Street 49' N. of Kellogg Avenue 41. East S. Crosby Avenue 100' S. of King Street 151' N. of Kellogg Avenue 42. East S. Crosby Avenue Kellogg Avenue Roosevelt Avenue 43. Both S. Crosby Avenue Roosevelt Avenue 90' South 44. Both S. Crosby Avenue 330' S. of Burbank Avenue Roosevelt Avenue 45. South W. Burbank Avenue Crosby Avenue Frontier Road 46. South W. Burbank Avenue Garden Drive 110' East 47. West Garden Drive W. Burbank Avenue 90' South 48. West Lapidary Lane Balmoral Drive Tripp Road J: \Development\Engineering\Public Works\Resolutions\2007\NewSidewalkResolution REVISED.doc 23 APRIL 2007 - REVISED (4) OF (4) CITY OF JANESVILLE 2007 NEW SIDEWALK PROGRAM RESOLUTION NO. 2007-392 ADOPTED: APPROVED: Steven E. Sheiffer, City Manager ATTEST: Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: WM rp/l City Attorney Proposed by: ENGINEERING DEPARTMENT Prepared by: ENGINEERING DEPARTMENT MOTION BY: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT BRUNNER DeGARMO LOASCHING STEEBER TRUMAN WELLN ITZ WILLIAMS J :\Development\Engineering\Public Works\Resolutions \2007\NewSidewalkResolutionREVISED .doc