#2 Presentation and direction on 2011 sidewalk program
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
July 2, 2010
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: Direction to Staff on 2011 Sidewalk Program
Summary
The Council held a sidewalk study session September 6, 2007 to consider
changes to Council Policy #70 – Sidewalks. This lead to a follow-up public
hearing and Council Action at the January 14, 2008 meeting where the Council
adopted a Pedestrian Transportation Corridor Plan (PTCP) and directed
revisions to the Policy. The City Sidewalk Policy was updated March 25, 2008,
based on Council direction, to require the construction of approximately nine (9)
miles of planned unfunded sidewalks annually until complete. The Council most
recently considered changes to the Sidewalk Policy on December 12, 2009 and
provided direction to staff to lower the proposed sidewalk permit fee. The City
Sidewalk Policy was updated March 8, 2010 based on Council support for
establishing a sidewalk permit fee.
Following a review and public hearing of the 2010 Sidewalk Program, the Council
requested further discussions of the PTCP and sidewalks in general. The
Council has delayed implementation of a proactive sidewalk program for the last
two years. Engineering is suggesting the annual sidewalk program be driven by
petitions which will focus sidewalks in areas where there is some neighborhood
support for installing new sidewalks.
Recommendation
The Engineering Division makes the following sidewalk recommendations:
1) Establish protocol for citizens to request planned unfunded (yellow)
sidewalks.
2) Modify the existing petition process for unplanned unfunded (orange)
sidewalks.
3) Limit the annual sidewalk program to less than 3 miles of new sidewalk
per year to allow proper communication with property owners to work
through conflicts with grades and landscape plantings.
4) Remove the nine (9) zones from the Pedestrian Transportation
Corridor Plan (PTCP).
5) Use a petition process to define the annual sidewalk program.
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City Manager Recommendation
The City Manager supports the Engineering Division’s recommendation with one
additional strategy. The additional strategy would be to have a review of possible
gaps (defined as missing sidewalk on a block or a short connection missing
between existing sidewalk), and provide recommendations for placing sidewalks
in existing gaps on an annual basis.
Suggested Motion
I move to approve 1) establishing a protocol for citizens to request planned
unfunded sidewalks, 2) modifying the existing petition process for unplanned
unfunded sidewalks, 3) limiting the annual sidewalk program to less than 3 miles
per year, 4) removing the nine (9) zones from the Pedestrian Transportation
Corridor Plan, and 5) using a petition process to define the annual sidewalk
program by approving the suggested changes to Council Policy #70 – Sidewalks.
Discussion
Planned Unfunded Sidewalk Recent History
The current Council Policy for planned unfunded sidewalk indicates the City will
start constructing approximately nine (9) miles of new sidewalk beginning in 2009
and continue with this approach until complete. There are approximately 63
miles of planned unfunded sidewalk “gaps” in the City sidewalk network. It is
anticipated the sidewalk gaps would be completed within seven (7) years of
commencing sidewalk construction. These numbers were arbitrarily selected
and there is flexibility in modifying the number of miles constructed per year as
well as the time frame for installing the improvements.
Planned unfunded sidewalk requires the abutting property owners to pay for the
sidewalk installation through an assessment process. The property owners are
given the option to construct the sidewalk themselves, hire a private contractor,
or have the City sidewalk contractor complete the work. If the work is performed
by the property owner or their private contractor, an $85 sidewalk permit fee is
required. If the City coordinates the installation, property owners have four (4)
options to pay for the work:
1) Pay in one lump sum.
2) Pay the sidewalk assessment on a five (5) year plan at the City’s current
interest rate.
3) Make a request to the Council for a financial hardship and spread the
payments over 10 years rather than five (5) years at the City’s current
interest rate.
4) An individual over the age of 64 at an owner occupied residence with a
family income less than 50% of the County median income may apply for
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payment under state statute 74.77 which places a lien on the property in
lieu of requiring payment.
Property owners living at corner lots pay for the full cost of sidewalk installation
on the first frontage ordered to be constructed but are granted an exemption for
the first 70 feet on the second frontage constructed. The corner lot exemption
was added to Sidewalk Policy in 1999.
Proposed 2010 Program
As part of the 2010 Sidewalk Program, the Engineering Division forwarded eight
(8) street segments to be considered for new sidewalks. Seven (7) of the eight
(8) segments included in the program were obtained anonymously from two
sources: 1) results of a safe routes to school survey distributed to parents with
children in elementary schools 2) PTA groups walking a ¼ mile radius around all
elementary schools and providing comments.
There were a number of concerns raised by property owners along the proposed
routes as well as Council members inquiring why it only takes one anonymous
request to place a sidewalk section on the program for discussion at a public
hearing. The Engineering Division was attempting to be reactive and responsive
to the public requests and therefore included the segments on the proposed
program. In hindsight, it was probably not a reasonable approach to react to a
request from one citizen to install sidewalk.
The current Council Policy on Sidewalks does not outline a protocol for citizens
to request sidewalk on Planned Unfunded (yellow) sidewalk routes. For this
reason, Engineering has proposed language in the attached CP#70 to define a
petition process for discussion purposes. A revision is also included for the
petition process of Unplanned Unfunded (orange) sidewalk routes. The
Engineering Division believes these changes to the policy define a reasonable
process which allows property owners and other citizens the opportunity to
request sidewalk.
The nine (9) zones on the PTCP were arbitrarily established and should not
control the locations of sidewalks installed in any given year. For this reason,
Engineering is recommending the zones be eliminated.
Attachment: Council Policy #70 – Sidewalks
cc: Eric Levitt
Jacob J. Winzenz
Carl Weber
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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,
03/09/2010
General Subject: Administration
Effective Date 3/09/10
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,
03/09/2010
General Subject: Administration
Effective Date 3/09/10
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.
B. Effective August 8, 1992, construction of sidewalks in new
developments are governed by Chapter 17.46 - Sidewalks, of the
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,
03/09/2010
General Subject: Administration
Effective Date 3/09/10
Specific Subject: Sidewalk
Cancellation Date
Supersedes No. 18 & 48
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.
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
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,
03/09/2010
General Subject: Administration
Effective Date 3/09/10
Specific Subject: Sidewalk
Cancellation Date
Supersedes No. 18 & 48
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 August 1 of the preceeding each year.
(3) The request will be placed on the Public Works Program for the
year provided it meets one of the following criteria:
a. 3050% 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.”
Formatted: Indent: Left: 1"
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,
03/09/2010
General Subject: Administration
Effective Date 3/09/10
Specific Subject: Sidewalk
Cancellation Date
Supersedes No. 18 & 48
(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.
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).
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,
03/09/2010
General Subject: Administration
Effective Date 3/09/10
Specific Subject: Sidewalk
Cancellation Date
Supersedes No. 18 & 48
(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).
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
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,
03/09/2010
General Subject: Administration
Effective Date 3/09/10
Specific Subject: Sidewalk
Cancellation Date
Supersedes No. 18 & 48
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
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.
A. The Council may order sidewalk installation.
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,
03/09/2010
General Subject: Administration
Effective Date 3/09/10
Specific Subject: Sidewalk
Cancellation Date
Supersedes No. 18 & 48
B. Citizens may request sidewalks be included on the Public Works
Program for the year provided a petition is submitted with a
minimum of 10 supporters representing owners of separate
properties within a ¼ mile radius of the requested sidewalk
installation. The signatories must include 30% of the abutting
property owners on the block proposed for sidewalk installation. If
only one side of the street is requested, the abutting property owners
shall own property on the requested side. The limits of a block shall
begin at one street intersection and end at the next street
intersection. All petitions shall be submitted to Engineering by
August 1 of the year preceding the requested installation.
C. The total annual sidewalk program will not exceed 3 miles of sidewalk
per year. If the amount of requests exceeds 3 miles per year, the
requests will be prioritized based on value to the overall sidewalk
network to the community.
D. Staff will present the annual sidewalk program to Council in the Fall
of the year. Once petitioned segments are approved by Council, the
design will be completed and the project bid early the following year
to allow installation to start weather permitting.
Formatted: Indent: Hanging: 0.5", Numbered
9. Standards for Construction of New Sidewalk and Sidewalk Repair
+ Level: 2 + Numbering Style: A, B, C, +
A. New Sidewalks shall meet the following standards:
1) Minimum width shall be five feet (5’).
Start at: 1 + Alignment: Left + Aligned at:
2) Minimum thickness shall be four inches (4”) for terrace walk
0.75" + Tab after: 1" + Indent at: 1"
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”
Formatted: Indent: Left: 0", First line: 0"
Formatted: Indent: Hanging: 0.5", Numbered
+ Level: 2 + Numbering Style: A, B, C, +
Start at: 1 + Alignment: Left + Aligned at:
0.75" + Tab after: 1" + Indent at: 1"
Formatted: Indent: Left: 1.5", First line: 0"
Formatted: Indent: Hanging: 0.5", Numbered
+ Level: 2 + Numbering Style: A, B, C, +
Start at: 1 + Alignment: Left + Aligned at:
0.75" + Tab after: 1" + Indent at: 1"
Formatted: Indent: Left: 0"
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,
03/09/2010
General Subject: Administration
Effective Date 3/09/10
Specific Subject: Sidewalk
Cancellation Date
Supersedes No. 18 & 48
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
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”) or
greater vertical displacement.
b) 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.
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.
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
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,
03/09/2010
General Subject: Administration
Effective Date 3/09/10
Specific Subject: Sidewalk
Cancellation Date
Supersedes No. 18 & 48
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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