HomeMy WebLinkAbout2013-02-04-Resolutions 13-027_Sidewalk Installation ProgramTHE CITY OF WAUKEE,lOW A
RESOLUTION 13-027
RESOLUTION APPROVING THE SIDEWALK INSTALLATION,REP AIR AND
MAINTENANCE PROGRAM
WHEREAS,sidewalks are an integral transportation system for the City of Waukee.They
provide a safe location for pedestrian traffic for all ages of citizens.School children utilize the
sidewalks to travel to and from school.They allow walking and jogging while being safely
separated from vehicular traffic.Without sidewalks the intermingling of foot traffic and
vehicular traffic would greatly increase the chances for serious injuries to both pedestrian as well
as the motorist;AND
WHEREAS,the City of Waukee seeks to continue its sidewalk pro gram in an effort to provide
safe public walkways for its citizens.This effort benefits all who utilize the sidewalks.It is this
concern that drives the sidewalk program.As citizens of Waukee it is our responsibility to
maintain our city and this is an area where each property owner can assist by being proactive and
maintaining his/her walks;AND
WHEREAS,it is the intent of the City to provide a sidewallc improvement program as a means
of reviewing the condition of existing sidewalks and the need for new sidewalks throughout the
City.The program,by City Council directive,is an annual operation and the areas and dates
pertaining to the affected areas throughout the City are to be shown on the city's web site.
BE IT THEREFORE RESOLVED by the City Council of the City of Waukee on this,the 4th
day of February,2013,that the residential sidewalk installation,repair and maintenance program
is adopted as follows:
The Director of Public Works is hereby empowered to pursue the installation,repair and
maintenance of sidewalks in areas as follows:
I)Sidewalk Installation in Existing Neighborhood.
An initial sidewalk installation program has/shall be conducted in the areas reflected on
exhibit A attached hereto which currently have existing residential structures without
sidewalks,in the calendar years reflected on the exhibit for the respective areas reflected
thereon.
a.On or before May 1 of each calendar year the director of public works shall proceed
to obtain bids from responsible contractors for the installation of sidewalks within the
area designated fOT installation,
b.Upon receipt of said bids,the director of public works shall cause notice to be sent to
the property owners as identified on the records of the Dallas County auditor of their
need to cause the installation of sidewalks upon their property and the per unit costs
received from the responsible bidders for such work.The notice shall also specify that the
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City shall participate in said costs in the event the Property owner causes the installation
to be performed utilizing the lowest responsible bidder in the following amounts:
1.For those properties with one street frontage the City shall rebate to the
property owner 50%of the cost of 4 foot wide P.C.C.sidewalk upon approval
by the City of the completed work.Said work must be completed and
approved by the City on or before September 15th of the calendar year in
which initial notice to the property owner was sent by the Director of Public
Works was sent to obtain the rebate.
11.For those properties containing two or more street frontages the City shall
rebate to the property owner 100%of the cost of 4 foot wide P.c.c.sidewalk
for the shortest street frontage.Said work must be completed and approved by
the City on or before September 15th of the calendar year in which initial
notice to the property owner was sent by the Director of public Works was
sent to obtain the rebate.
Ill.In the event that the property owner chooses to perform the installation on their
own,the City shall rebate the property owner the same percentages set forth in
Paragraph b,computed utilizing the bids received by the City only in the event
the installation is performed in the same manner and quality as the work
performed by the contractors approved by the City,in the sole discretion of
the Director of Public Works.Said work must be completed and approved by
the City on or before September 15th of the calendar year in which initial
notice to the property owner was sent by the Director of Public Works was
sent to obtain the rebate.
c.In the event that a property owner in the area has not installed the sidewalk required
hereunder on or before September 15th of the calendar year in which the initial notice to
property owner was sent,the City may do the work or contract for the work,and then
assess 100%of the total allowable costs against the property owner in the manner of
assessments as allowed by applicable Iowa Law.
2)Repair or Maintenance of Sidewalks
The public works department has/will also be conducting an inspection of existing
sidewalks in the areas reflected on exhibit A attached hereto in the calendar'years
reflected on the exhibit for the respective areas reflected thereon.In addition to this
designated inspection,existing sidewalks will be inspected in the event the City receives
a complaint.If any portion of a sidewalk OT parking in the public right-of-way is
deficient,deteriorated or damaged as specified in Exhibit B,the Property Owner shall be
required to replace that portion of the sidewalk.The Director of Public Works shall
provide written notification by certified mail,that the owner must repair,reconstruct or
replace that portion of sidewalk or parking posing a public hazard.Prior to notification
hereunder,bids shall be obtained for replacement of sidewalk,or portions thereof,within
the City Limits after identifying sidewalk portions within the City that are need of repair
or replacement.As part of the notification to property owners required to repair or
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reconstruct or replace sidewalk,the Director of Public Works shall notify the property
owners of the bids received by the city for sidewalk work and that the property owner
may have the work performed by said contractors in accordance with said bids.A
property owner,who desires or is required to repair or replace a portion of sidewalk,may
make arrangements to have the necessary work completed by the contractors,
Once notified by the Director of Public Works,the abutting property owner must
complete the repair,reconstruction or replacement of said portion of sidewalk or parking
within 120 days of the date of notification.Failure or refusal by the abutting property
owner,upon due notification by the Director of Public WOTks,to take corrective action,
will be cause for civil action including but not limited to the institution of a municipal
infraction seeking the remedies provided for under Iowa law and/or special assessment in
accordance with Sections 364.12 -13B Code ofIowa.
3)Permit and Inspection Requirements
a.Permit Required.Any person desiring to install,repair,reconstruct OTreplace
any portion of a sidewalk or parking within the corporate limits of the City shall,before
commencing such installation repair,reconstruction or replacement shall apply fOTa
permit to the City's Code Compliance Office.
b.Application.The application for a permit shall contain the following:
1.The name and address of the property owner of the property abutting the
location where the sidewalk shall be installed,repaired,reconstructed or
replaced.
ii.A sketch or diagram showing the location,width and thickness ofthe sidewalk
to be installed,repaired,reconstructed or replaced and all entryways and
driveways,crossing the said sidewalk so as to provide access to the abutting
property.
iii.The name of the contractor or party who is to perform the repair,
reconstruction or replacement.
c.The Clerk shall assess and an applicant shall pay before any permit is issued a
fee in the SUlll often (10.00)dollars and in the case of rear lot walks the fee is eight
(8.00)dollars per lot abutting.To encourage sidewalk installation and repair on a
voluntary basis under the program,the permit fees for sidewalk installation and
maintenance required under this program are hereby waived.
d.Specifications for Sidewalks.A complete set of specifications for all walks,
including ramps fOTpersons with disabilities at intersections are available at the Public
Works Deparhnent ofthe City.
e.Sidewalk Inspections.Public Works personnel are authorized to inspect,
approve or disapprove the application for installation,repair or reconstruction of all
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sidewalks located within the corporate limits of the City.The party installing,repairing,
reconstructing,or replacing any sidewalk shall call for inspections by notifying the
inspector of sidewalks of the City when the sub grade has been brought to the elevation
and grade as established by the City,and the forms have been set.A further inspection
shall be called for and required upon completion of the sidewalk and removal ofthe
forms but before the sidewalk is backfilled.Upon completion of all work and inspections
as hereinbefore set out,the inspector of sidewalks for the City shall so certify upon the
space provided on the permit to repair,reconstruct or replace sidewalk and shall certify
that the sidewalk has been completed in accordance with the specifications and plans of
the City.
4)Deferral Guidelines.
a.It is recognized that unique circumstances may exist that make it difficult to
immediately construct a sidewalk.In order to obtain a deferral from construction of a
sidewalk,the property owner must submit an application to the City Council.An
example of this application is included in this resolution as Exhibit B.In the application,
the property owner must describe the hardship that would be created from the
construction of a sidewalk.This hardship must meet at least one of the following criteria:
I.Slope.25%or more of the area of the lot between the curb and the back of
the proposed sidewalk has a slope (either ascending from the curb or
descending from the curb)in excess of one foot per 10 feet,the City may
agree to share in the cost of grading for the area exceeding the one foot per ten
feet standard.
11.Trees.The installation of the sidewalk requires either the removal of or
damage to:
1.at least one tree exceeding eight inches in diameter as measured at a point
four feet above the base of each tree.
2.to three or more trees each exceeding four inches in diameter as measured
at a point four feet above the base of each tree.
iii.Utility Facilities.Installation of the Sidewalk requires that large utility
facilities be moved (i.e.power poles).Vertical adjustments to stop boxes,
gate valves,manholes and similar structures will not be considered grounds
for a deferral.
iv.Existing Driveway or Parking.There is an existing concrete or asphalt
driveway or parking lot where a sidewalk should be that would exceed the
slope and tilt requirements contained in the City's sidewalk specifications.As
an alternative,the City may share in the cost for regarding and reconstructing
the driveway approach to meet the slope and tilt standards.
v.Inaccessibility for Snow Removal.Snow removal from the new sidewalk
would be unreasonably difficult due to inaccessibility.
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VI.Other Circumstances.Any other circumstance where the Council determines
that the approval of the application for deferral will not unduly jeopardize the
implementation and completion of the sidewalk program.
5)Tax Credit Program Notification.
Deferrals from a sidewalk installation special assessment will not be granted solely on the
basis of economic hardship.However,if a resident is sixty-five years in age or older,has
a disability or has limited income,he or she may qualify for assistance with a sidewalk
installation special assessment under Chapter 425 ofthe Iowa Code.This credit is issued
by the Department of Revenue and Finance to the County Treasurer.The amonnt of the
credit is determined by the applicant's annual household income.Additional information
regarding the credit program is available from the Polk and Dallas County Treasurers.
6)Installation Economic Hardship Program.
The City has established the Waukee Sidewalk Assistance Program (SAP)to assist
single-family property owners (owner occupied)in the City with the initial fmancial cost
of installation of the required public sidewalks.The program is established by separate
resolution,as may be amended from time to time.
BE IT FURTHER RESOLVED that Resolution 12-20 is substituted in its entirety with this
resolution.
Passed by the City Council of the City of Waukee,Iowa,and approved this the 4th day of
Febmary,2013.
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Attest:
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Shelly Hughes
Mike Watts
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REPAIRCODE A-
Uneven orfaulted panels
--an offset in the su rface has developed
a height difference that is 1"or greater
between sections.
--panel with with less than 1/2"wide
crack with a vertical height difference of
1"
REPAIRCODE B-
Raised or Settled Panels
--panels have raised or settled 2"in 8'
section from the normal line of grade
REPAIRCODE C-
Cracks
--panel with at least a 3/4"wide crack
with no height difference
--panel with at least a 1/2"wide crack
with at least a 1/2"vertical height
difference from standard grade
--single panel with 3 or more cracks
REPAIRCODE D-
Surface Deterioration
--panel with more than 33%of the
surface pitted,spalling,or popping
exposing a rough surface or loose
material
REPAIRCODE D-
Holes/Depressions
--any hole/depression in excess of
3l1x3"xlll
REPAIRCODE E-
Cross /Reverse Cross Slopes
-slopes exceeding a 3/4"per foot either
towards the property line or the street
causing a slope greater than 2-1/2"or
reverse slope of 3-1/2"