#3 Amendments to Policy Statement #70 (Establishing Sidewalk Inspection Fee)
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
February 24, 2010
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: Changes to Council Policy # 70 - Sidewalk
Summary
The City Council held a study session on September 6, 2007 to discuss
sidewalks and consider changes to Council Policy #70 – Sidewalks. At the
January 14, 2008 City Council meeting the Pedestrian Transportation Corridor
Plan (PTCP) was adopted by the City Council and revisions to Council Policy #70
were discussed. On March 25, 2008 the City Council approved various
changes to the sidewalk policy including:
?
Color coded all lot frontages on PTCP corresponding to Planned
Unfunded Walk (Yellow), Planned Funded Walk (Purple), Future
Unfunded Walk (Yellow), Exissting Sidewalk (Green), and Trails (Blue).
?
Added implementation of Planned Unfunded Sidewalks (Yellow) starting in
2009 by constructing approximately 9 miles of sidewalk each year for a
period of 7 years to eliminate 63 miles of sidewalk gaps within the City.
?
Added Standards for construction of New Sidewalks and Repair
Sidewalks.
?
Added an appeals process for implementation of repair sidewalk
standards.
At the December 14, 2009 Council meeting, Engineering requested direction
from the Council regarding the annual sidewalk program. One item requiring
follow-up Council action is a sidewalk permit fee for property owners electing to
perform sidewalk improvements themselves or choosing to hire a private
contractor to complete necessary improvements. Attached is a draft copy of
Council Policy #70 – Sidewalk including proposed language for a permit fee.
This permit fee will recover the majority of City administrative costs for
coordinating private sidewalk construction or repairs rather than including all the
administrative costs in the assessment rate charged to property owners choosing
to have the City complete the improvements through a Public Works contract.
Recommendation
The Engineering Division supports the Council request at the December 14, 2009
Council meeting to establish a sidewalk permit fee for administrative costs
associated with staff coordination of private property owners and/or their private
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contractors to ensure compliance with City standards. The attached changes to
Council Policy #70 include establishing a $75 sidewalk permit fee per affected
parcel.
Suggested Motion
I move to accept the proposed changes to Council Policy #70 – Sidewalks as
proposed.
City Manager’s Recommendation
The City Manager recommends approval of the revised proposed fee.
Discussion
The construction or repair of public sidewalks by private property owners is
permitted by state statutes, City ordinance and City policies. A consistent
message City staff receives during coordination of sidewalk programs concerns
the fairness and equity issues surrounding the private construction or repair of
sidewalks.
The primary issue with current practice of private sidewalk construction or repair
versus the City administered construction is that all City related administrative
costs must be recovered through the special assessment rates. This means
property owners who elect to have the City construct or repair their sidewalks are
paying for the inspection and other administrative costs associated with those
property owners who choose to construct or repair their sidewalks privately. On
an annual basis, approximately 50-60% of property owners choose to have the
City complete sidewalk improvements, but they pay 100% of the administrative
costs.
At the December 14, 2009 Council meeting, the following three (3) options were
presented to Council to address the equity issue:
1) No change to the current process.
2) Fund all overhead costs through program borrowing with the
corresponding debt service paid for by the General Fund.
3) Fund the overhead costs related to private sidewalk construction through
the institution of sidewalk construction / repair permit fee.
The pros and cons of each option are summarized in the following table.
Option Pros Cons
No Change ??
No additional steps needed Doesn’t address equity issues
?
Fewer oversight opportunities
Program Borrowing ??
Spreads costs city-wide Borrowed funding yields additional
?
interest expense
Induces contribution of those
without sidewalks
?
Less administrative
overhead
?
Eliminates discussion of
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Option Pros Cons
additional costs over const.
Permit Fee ??
Better tracking of private Additional administrative process
?
construction
Additional cost to those citizens
?
Citizens pay for services electing private construction
received – addresses equity
issue
?
Fee is within range of
comparable Cities
At the December 14, 2009 City Council meeting, Engineering proposed a
sidewalk permit fee of $185. It was the consensus of the City Council that the
proposed sidewalk permit fee was too high and should be more consistent with
comparable Cities. Sixty percent (60%) of comparable Cities require a permit
with fees ranging from $10 to $130 and also require surety bonds of up to $5,000
and/or $1,000,000 general liability insurance. The Engineering Division believes
a $75 sidewalk permit fee is reasonable given that the City Council approved a
proactive sidewalk maintenance program associated with street resurfacing
activities, which will increase staff efficiency of administering the sidewalk
program.
It is important to point out that the proposed sidewalk permit fee will not generate
additional revenue. It merely redistributes who pays the administrative costs
associated with the sidewalk construction and repair programs. It shifts a portion
of the administrative costs, including inspection, from the property owners
electing to have the City perform the work to those property owners who choose
to perform or contract for the work themselves
Attachment -- Draft Changes to Council Policy #70 – Sidewalks
cc: Eric Levitt
Jacob J. Winzenz
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CITY OF JANESVILLE Policy No. 70
Page 1 of 10
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised::9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/08/2010
General Subject: Administration
Effective Date 3/25/08
Specific Subject: Sidewalk
Cancellation Date
Supersedes No. 18 & 48
PURPOSE
To establish objectives, criteria, and procedures for the construction and
maintenance of sidewalks.
STATEMENT OF POLICY
1. Objectives
A. To establish a system of sidewalks in Janesville that links pedestrian
generators to destinations and, thus, provides for pedestrian safety.
B. To establish criteria for the construction of sidewalks in existing
developed areas and future areas.
C. To provide a procedure for an orderly system of construction of
sidewalks in existing developed areas of the city based on established
criteria.
D. To provide for the equitable funding of sidewalk construction.
E. Maintain existing public sidewalks in a safe condition.
2. Criteria
A. Sidewalks should be constructed according to the adopted
“Pedestrian Transportation Corridor Plan” (PTCP).
B. The official PTCP will be maintained in the City Engineer’s Office.
C. The PTCP shall be updated and presented to the City Council for
review, amendment and approval at a January Council meeting of
each year.
CITY OF JANESVILLE Policy No. 70
Page 2 of 10
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised::9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/08/2010
General Subject: Administration
Effective Date 3/25/08
Specific Subject: Sidewalk
Cancellation Date
Supersedes No. 18 & 48
D. The PTCP is intended to be a comprehensive tool used to
communicate with citizens about where the pedestrian corridors in
Janesville are located. It shall contain the following elements:
(1) Current city limits
(2) Adjacent trails/sidewalks not in City jurisdiction
(3) Layout of current street network
(4) Color coded lines representing the following:
a. Green shall represent existing sidewalks
b. Yellow shall represent planned unfunded sidewalks.
This is generally considered the minimal amount of
sidewalk system necessary to provide connectivity
throughout the community.
c. Purple shall represent planned funded sidewalks.
d. Orange shall represent future unfunded sidewalks. This
category is included on the PTCP to communicate with
citizens that a sidewalk may be constructed adjacent to
their property
e. Blue shall represent existing trails. This category is
shown to provide overall context for the connectivity of
the system.
3. Plats/Certified Survey Maps
A. For any new streets for which sidewalks are planned per a
Neighborhood Plan or designated by Plan Commission vote, before the
City Treasurer signs any plat or certified survey, the subdivider shall
list or show on the plat or certified survey the streets along which
sidewalks are to be constructed pursuant to City Ordinances and
these will be added to the PTCP upon subdivision approval.
4. Governing Ordinances
A. Effective June 13, 1977 through August 7, 1992, construction of
sidewalks in new developments are governed by Section 17.32.120
Sidewalks of the Janesville Code of General Ordinances.
CITY OF JANESVILLE Policy No. 70
Page 3 of 10
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised::9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/08/2010
General Subject: Administration
Effective Date 3/25/08
Specific Subject: Sidewalk
Cancellation Date
Supersedes No. 18 & 48
B. Effective August 8, 1992, construction of sidewalks in new
developments are governed by Chapter 17.46 - Sidewalks, of the
Janesville Code of General Ordinances.
C. Effective February 27, 2006, File Ordinance No. 2006-308 established
additional requirements on the construction of sidewalks in new
developments.
5. Implementation Procedures
Pedestrian Transportation Corridor Plan
Color Category Implementation Procedures
Part of yearly plan beginning in
2009 to construct 100% of this
Yellow Planned Unfunded Walk walk. Implementation will follow
procedures outlined in Section 8
of this policy.
Construction will follow plat
Purple Planned Funded Walk approval. Section 6.A.4 of this
policy addresses this process
Construction follows a petition
Orange Future Unfunded Walk
process per Section 5.C
These are generally considered a
city-wide concern. Initiation
Blue Trails should be undertaken through the
capital improvements and
budgeting process
A. This policy shall not restrict the decision of the Council or actions of
City Administration to address a public safety concern.
CITY OF JANESVILLE Policy No. 70
Page 4 of 10
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised::9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/08/2010
General Subject: Administration
Effective Date 3/25/08
Specific Subject: Sidewalk
Cancellation Date
Supersedes No. 18 & 48
B. If a section of sidewalk is included on the resolution for the annual
sidewalk program and is not approved by the City Council, then the
sidewalk shall not be placed by the Administration on the resolution
in the following two years. The receipt of a petition shall be reported
to the City Council.
C. Petition Procedures (Orange Sidewalk).
(1) All requests must be in writing and contain the name and
address of the persons initiating the request, the site of the
requested installation, and the reason(s) for the request.
(2) All requests must be submitted to the City Engineer by
February 1 of each year.
CITY OF JANESVILLE Policy No. 70
Page 5 of 10
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised::9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/08/2010
General Subject: Administration
Effective Date 3/25/08
Specific Subject: Sidewalk
Cancellation Date
Supersedes No. 18 & 48
(3) The request will be placed on the Public Works Program for the
year provided it meets one of the following criteria:
a. 30% of abutting property owners per block signing a
petition in favor. The limits of a block shall begin at one
street intersection and end at the next street
intersection;
b. or, 10 unrelated persons residing within one-quarter
(1/4) mile of the requested sidewalk signing a petition in
favor.
(4) The City Engineer shall report any sidewalk that meets the
implementation criteria as “Recommended”, unless there are
topographical concerns that make the sidewalk inappropriate
to construct, in which case the City Engineer shall report it as
“Not Recommended-Topographical Problem.”
(5) After introduction by the City Council written notice shall be
sent to abutting property owners and requestors stating:
a. The date of the City Council public hearing.
b. The City Engineer’s recommendation per this policy.
(6) The official public notice for proposed sidewalk installations
shall contain:
a. The site of proposed installation.
b. The date, time, and location of the City Council public
hearing.
(7) After the public hearing, the City Council may order any
sidewalk installation(s) it deems justified.
(8) This policy in no way restricts pedestrians’ use of the public
right-of-way.
CITY OF JANESVILLE Policy No. 70
Page 6 of 10
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised::9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/08/2010
General Subject: Administration
Effective Date 3/25/08
Specific Subject: Sidewalk
Cancellation Date
Supersedes No. 18 & 48
6. Construction and Maintenance
A. Construction.
(1) Sidewalks may be constructed privately by owners of the
abutting property.
(2) Sidewalks may be constructed by the City and billed to the
owner of the abutting property.
(3) All public sidewalks whether constructed privately or publicly
shall meet the City of Janesville’s Standard Specifications for
Sidewalk Construction (as shown in Section 9 of this policy).
(4) For sidewalks in new developments as defined by plats and
certified surveys approved after August 7, 1992, the City
Engineer shall direct the construction of the sidewalks at a
time he deems appropriate without further action by the City
Council, and the cost shall be charged to the sidewalk
construction account. (See Chapter 17.46 – Sidewalks, of the
Janesville Code of General Ordinances).
B. Maintenance/Repairs.
(1) Sidewalks shall be maintained by owners of abutting property.
(2) The Engineering Department shall establish a system of
inspection of existing sidewalks, including standards for
replacement (as detailed in Section 9 of this policy); shall notify
abutting property owners of necessary repairs; and shall have
the authority to order the repair of any sidewalk. If the
abutting property owner(s) fail to undertake the necessary
repairs within the notification period, the City Engineer may
arrange for a contractor to undertake the repairs; may bill the
abutting property owner; and if unpaid, a lien may be placed
on the property in accordance with Wisconsin Statute (66.615).
CITY OF JANESVILLE Policy No. 70
Page 7 of 10
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised::9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/08/2010
General Subject: Administration
Effective Date 3/25/08
Specific Subject: Sidewalk
Cancellation Date
Supersedes No. 18 & 48
7. Cost Allocation
A. New Construction.
(1) For new developments as defined by plats and certified surveys
approved after August 7, 1992 in accordance with City
Ordinance Chapter 17.46, before the City Treasurer signs any
plat or certified survey, the City Engineer shall calculate the
totalcost of construction for all sidewalks shown on the
Neighborhood Plan or designated by Plan Commission vote of
the area affected by the survey or plat. The cost calculation
shall include intersections, greenbelt crossings, parkland, and
engineering.The property owner may either pay this amount in
full or may spread the principal over five years with interest
under the City’s Special Assessment Policy. The property
owner shall execute a Waiver of Special Assessment Procedure
to use the five-year plan.
(2) For existing areas, the sidewalk shall be assessed 100% to the
,
abutting property owner(s) except for corner lot exemption
provided below:
a.) All corner lots in Single Family (R1 and R2) Residential
Districts where sidewalk is required by Council on two
frontages.
1.) Assess full frontage on initial frontage ordered.
2.) Exempt 70 feet of sidewalk on second frontage
ordered.
3.) Assess the length greater than 70 feet on the
second frontage ordered on corner lots.
b.) Corner lot exemption is effective for sidewalks put in
CITY OF JANESVILLE Policy No. 70
Page 8 of 10
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised::9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/08/2010
General Subject: Administration
Effective Date 3/25/08
Specific Subject: Sidewalk
Cancellation Date
Supersedes No. 18 & 48
during or after the 1999 Sidewalk Program.
B. Maintenance/Repairs.
The abutting property owner(s) shall pay the cost.
8. Implementation of Category Yellow Sidewalks
A. Yellow sidewalks shown on the PTCP shall be constructed each year
beginning in 2009 until complete.
B. The community will be divided into 9 zones as shown on the PTCP.
C. Approximately one mile from each zone will be selected by City
Administration for consideration and approval by the Council each
year until all yellow category sidewalks are constructed.
D. It is estimated this program will be completed in approximately seven
(7) years.
E. For 2008, the program will consist of petitions and public safety
concerns.
9. Standards for Construction of New Sidewalk and Sidewalk Repair
A. New Sidewalks shall meet the following standards:
1) Minimum width shall be five feet (5’).
2) Minimum thickness shall be four inches (4”) for terrace walk
and six inches (6”) for driveway walk.
3) Cross-slopes shall be 1/4” per foot (2%) or less
4) Running and ramp slopes of ADA shall govern.
5) Grading shall provide positive drainage to prevent ponding of
water.
6) Horizontal alignment shall generally be one foot (1’) on the
right-of-way side of the property line. Exceptions to this may
be granted by the City Engineer.
7) Vertical alignment shall generally follow the curb line and be 6”
above or below the curb depending on terrain. Exceptions to
this may be granted by the City Engineer.
8) Material shall be portland cement concrete. Exceptions may be
CITY OF JANESVILLE Policy No. 70
Page 9 of 10
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised::9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/08/2010
General Subject: Administration
Effective Date 3/25/08
Specific Subject: Sidewalk
Cancellation Date
Supersedes No. 18 & 48
granted by the City Engineer for driveway crossing if existing
drive materials provide a smooth hard surface meeting ADA
requirements.
B. Repair Sidewalks
1) Repair any sidewalk which:
a) Has adjacent sections with a three quarter inch
(3/4”)one-half inch (1/2”) or greater vertical
displacement.
b) Cross-slopes in excess of one-quarter inch (1/4”) per foot
(2%).
c) Violates running slope requirements of ADA.
d) Excessive settlement or heaving which cause ponding
water.
e) Has excessive cracking (generally quartered).
f) Surface imperfections that do not provide a smooth
surface.
g) May exhibit other hazardous conditions.
2) The appeal process for the implementation of repair sidewalk
standards shall move from the Sidewalk Inspector to Project
Manager for the Sidewalk Program to Assistant Engineering
Manager to Engineering Manager to Director of Public
Works/City Engineer to Assistant City Manager to City
Manager to Committee of Public Works.
10. Permit Fees
A. Work Performed by Public Works contractor:
1) Administrative sidewalk program costs are included in the
sidewalk assessment rates referenced in section 7 – Cost
Allocation. Therefore, no permit fee applies to sidewalk
maintenance work or new installation.
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CITY OF JANESVILLE Policy No. 70
Page 10 of 10
CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92
Revised::9/21/92, 3/10/97,
12/4/2000, 5/12/2003,
1/14/2008, 3/25/2008,
03/08/2010
General Subject: Administration
Effective Date 3/25/08
Specific Subject: Sidewalk
Cancellation Date
Supersedes No. 18 & 48
B. Work performed by property owners or private contractors:
1) Property owners electing to perform sidewalk improvements
themselves or choose to hire a private contractor to complete
necessary improvements shall pay a nonrefundable $75 permit
fee to cover administrative costs associated with staff
coordination for compliance with City standards. The sidewalk
permit fee is required for each affected parcel and is required
for a specific sidewalk defect or installation.If property
owners fail to complete necessary repairs or installations by the
deadline established, the City has the right to add this work to
the Public Works contract. Property owners will be given no
less than 30 days to complete the sidewalk repairs or
installation before the work could be added to a public works
contract.
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