HomeMy WebLinkAbout2007-12-03-Resolutions 07-262_Sidewalk Installation ProgramTHE CITY OF WAUKEE,IOWA
RESOLUTION 07-262 I
RESOLUTION APPROVING THE SIDEWALK INSTALLATION,REPAIR 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 program 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 om responsibility to maintain our city and this is an area where each property owner
can assist by being proactive and maintaining his/her walles;AND
WHEREAS,it is the intent of the City to provide a sidewalk 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 3rd day of December,2007,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.
Initial sidewalk installation program 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 I 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 for 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 I
for such work.The notice shall also specify that the 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%ofthe 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 lS'h 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.
n.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 is"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.
iii.111 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 lS'h 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 IS'h 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
If any portion of a sidewalk or parking in the public right-of-way is deemed
by the Director of Public Works to be unsafe and posing a public hazard,the
Director of Public Works shall determine the appropriate manner of
correcting such problems.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,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 Works,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
1a.Permit Required.Any person desiring to install,repair,reconstruct or
replace 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 for a 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.
11.A sketch or diagram showing the location,width and thickness of
the 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 sum often (10.00)dollars and in the case of rear lot
walks the fee is eight (8.00)dollars per lot abutting.To encourage I
sidewalk installation and repair on a voluntary basis the permit fees for
sidewalk installation and maintenance herounder shall be waived.
d.Specifications for Sidewalks.A complete set of specifications for all
walks,including ramps for persons with disabilities at intersections are
available at the Public Works Department of the City.
e.Sidewalk Inspections.Public Works personnel are authorized to inspect,
approve or disapprove the application for installation,repair or
reconstruction of all 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 reqnired upon completion of the
sidewalk and removal of the 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.
n.Trees.The installation of the sidewalk requires either the removal
of or damage to:
I.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.
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 of the Iowa Code.This credit is issued by the Department of
Revenue and Finance to the County Treasurer.The amount 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 purpose oftbe City of Waukee Sidewalk Assistance Program (SAP)is to
assist Waukee single-family property owners (owner occupied)with the
initial financial cost of installation of the required public sidewalks.
ELIGIBILITY
To be eligible for SAP,property owners must meet all of the following
requirements:
I.Proof of home ownership oftbe applicant must be provided.
2.Property taxes must be current and paid-to-date.
3.Income limit of the household must fall below the 2003 SAP Income
Limits below:
Number of Persons Maximum Total Gross
in Household Household Income
1 $15,315
2 $20,535
3 $27,755
4 $30,975
5 $36,195
6 $41,415
7+$46,635
The household income will be calculated according to the previous
year's taxes or the income will be estimated according to the income for
the previous four months,whichever is less.
4.Copies of all mortgages and balance information concerning said
mortgages secured by the property on which the sidewalk is to be
installed.In order to qualify,the balance of all mortgages secured by the
property must be at least 10%less than the value of the property as
determined by the Dallas County assessor for the most recent tax year
and the grant of security in the property to the City must not be
prohibited by existing mortgages.
5.In order to qualify,the applicant's property must be required to install an
sidewalk under the current year by notification from the public works
director.
6.Applications will only be accepted from the property owner subject to
installation of a new sidewalk in a residential zoning district.
Applications will not be considered pertaining to commercial property or
from corporations or other legal entities.
PROCESS
Following submittal of the required application materials (application due
prior to June 1,2008,for phase 1,June 1,2009 for phase 2,June 1,2010 for
phase 3),the City will determine by June 30th if the property owner is eligible
based on the above income guidelines.In the case that the property owner is
not eligible,the property owner shall continue to be required to install the
public sidewalk prior to September 15thst•In the case of an eligible property
owner,the City of Waukee will cause the installation of the public sidewalk
only after the applicant executed a promissory note and mortgage on the
property owned by the applicant for the balance of the costs of the sidewalk
installation on the applicants property after applying any applicable rebates.
The cost assessed to the property owner shall bear interest at the rate of 3%
per annum and payable in equal installments over a period up to 10 years.If
the title to the property is transferred prior to the assessment being paid,any
remaining balance will need to be paid in full prior to any such transfer.
Attest:
ROLL CALL VOTE AYE NAY ABSENT
Donald L.Bailey,Jr.X
Isaiah McGee X
JeffV.Mertz X ]Darlene Stanton X
Mike Watts X
I
.,.~~m\-...~
L"e-"C_.
Q,l1'01'...."''"Q,l1'01.~.oo -Q,l,Q.l-<..~"6 QO ="0 =o .::0..0 0 ,..;....~
!"<~~io "0 Q 0 0 0 =0~"0 '"==
U N N N r..
~I''"QJ
"!eo
~•D ••0 QJ,
~0