Below is the city’s response to an inquiry received from Laura Routh regarding sidewalk maintenance and funding.

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Date:                      April 9, 2013

To:                          David Corliss, City Manager

From:                     Laura Routh, Facilitator, Community Sidewalk Taskforce

RE:                          Questions for City Hall regarding sidewalks

 

The first meeting of the LAN/LWV Community Sidewalk Taskforce was held on April 9, 2013. We have developed a list of questions we’d like City Hall to assist us with.

 

We intend to meet again on or around April 27, 2013. It would be very helpful to have information from City Hall by that date. Please let me know if you have questions or need clarification on the following. Thanks for your help.

 

City response:       In the past several years, the city has worked to complete several gap sidewalk projects on collector and arterial streets in Lawrence.  We have made substantial progress on completing sidewalks on collector and arterial streets and the focus has been on major roadway systems and pedestrian access along those corridors.  We have also worked with the University of Kansas to improve pedestrian access from campus to the downtown area.  Over the past 4-5 years, the city’s sidewalk gap efforts have resulted in completed sidewalks at the following areas: 

-          North/south side of 6th Street from K-10 to Massachusetts (the section at Centennial Park from Rockledge to Iowa will be completed in summer 2013)

-          Haskell (east/west sides) from 15th to 23rd Street

-          Iowa Street – West side of street from 6th to 9th Street and east side from University to Bob Billings Parkway (Note: there are some areas of Iowa where sidewalks cannot be completed due to geography).

-          13th Street – North and south side of street from Haskell to Massachusetts

-          East Lawrence has a connected trail from 11th Street to 23rd Street via the Burroughs Creek Trail

-          The 23rd Street Bridge at Haskell now has sidewalks on the north and south side of the street and ties into the Burroughs Creek Trail

-          Kasold Street from Bob Billings Parkway to 31st Street

 

                                In residential areas, the staff believes there are three major, unattended issues that affect the construction of sidewalks in these  areas: 1) State and local statutes place responsibility for sidewalk maintenance and repair on the property owner.  Many individuals are simply unable to financially afford to install/repair sidewalks and do not want the continued maintenance responsibility (including snow removal in the winter); 2) The city enforces sidewalk maintenance compliance on a complaint-based only system; 3) The staff proposed a sidewalk utility several years ago that would have provided funding to replace/install sidewalks but that issue did not gain approval.

 

1.  Can the City please produce/provide us with a pie chart showing the relative allocation of revenue generated from the infrastructure sales tax (as allocated annually) for the following areas of transportation infrastructure:

·         Street repair/maintenance

·         Sidewalk infill and retrofitting

·         Public transportation, i.e. buses

·         Bicycle lanes/bike paths

·         Trains and Train station

·         The Municipal Airport

 

City response:       The accepted uses for the Infrastructure Sales Tax are specific as provided in the ballot language:  A special sales tax for public infrastructure and capital investment - A dedicated revenue source for streets, sidewalks, trails, equipment, and storm sewers. The sales tax revenue will help Lawrence catch up on the maintenance of residential streets and make improvements to high traffic streets. Projects include the North Lawrence stormwater pump station project; the Burroughs Creek rail to trail, fire trucks replacement, substantial additional investments in residential street maintenance and sidewalk projects, and the rehabilitation and rebuilding of several major arterial and collector streets. 

The revenue generated from the 0.3% Infrastructure Sales Tax since 2009 has totaled $15,043,850.  Of that amount, the table and graph below show how the funds have been used through the end of 2013.  Keep in mind that street repair and maintenance projects, such as rebuilding Kasold from 23rd to 31st, often include repairs and/or construction of sidewalks and bike paths as well as bike lanes.  Public Transportation (i.e. buses) is not funded through the Infrastructure Sales Tax.  Instead, proceeds from the 0.2% Transit Sales Tax and the 0.05% Transit Expanded Sales tax are used for public transit.  None of the Infrastructure Sales Tax has been used for infrastructure related to trains, train stations or the airport.  The planning for the use of the Infrastructure Sales Tax is approved by the City Commission. 

 

0.30% Infrastructure Sales tax

Total Revenues thru 12/31/12

$15,043,850

Street Repairs and Maintenance

$7,097,634

Fire apparatus and Equipment

$2,750,000

Storm Water

$100,000

Sidewalks, Trails, and Bike Paths

$266,633

Total expenditures

$10,214,266

Fund Balance/Future Projects

$4,829,584

 

 

 

2.  How much General Fund money was spent on sidewalk repair and infill for 2010? 2011? 2012?

 

City Response:      Both the Street Division and storm water funds have/are being spent on repair of sidewalks when maintenance projects are completed. For example:

-          Repair of storm sewer inlets that have settled, adjacent sidewalk of various lengths may also be repaired

-          Alley approach is replaced may require the repair/replacement of adjacent sidewalk

-          Installation of accessible ramps may include connecting sidewalk

-          Curb repair/ replacement where the sidewalk is behind the curb may be replaced/ repaired

Funds are spent on sidewalks associated with other projects. Following is a list of Street Projects that have been completed and where sidewalks were installed or replaced:

 

Location  & Description

Year

Linear Feet Installed

City Sidewalk Cost

Clinton Parkway Recreation Path (ARRA)

2009

11,970

$868,184

Burroughs Creek Trail (KDOT TE Project)

2010

8,514

$591,633

Kasold Street – Bob Billings to 23rd

2010

5,163

$126,457

 

Kasold Street – 23rd to 31st

2011

5,030

$139,279

Oread Neighborhood Lighted Pathway - Begins at 12th Street and Louisiana and slopes eastward to South Park then on to downtown Lawrence. The entire pathway is lighted with period lighting and is ADA-compliant.

2012

447

The project was paid for using KU Student Safety funds and Community Development Block Grant funds of $148,309 from the City of Lawrence.

Delaware Street – 8th to 9th

2012

1,129

$43,237

6th and Iowa Street

2012

2,344

$141,378

6th- Monterey - Iowa

2012

530

$47,088

Farmland Recreation Path and Sidewalks

2013

10,760

$198,723

Bob Billings – Multi-use path on south side from Iowa to Kasold

2013

5,180

$83,853

6th Street – Multi-use path from Folks to Monterrey

 

2,330

$120,470

Iowa at 6th Street (south side)

2013

1,245

$50,000 (est)

Pennsylvania – 8th to 9th Street

2013

655

$6247

31st Street – Haskell to O’Connell as part of SLT construction

2014

5,272

$200,000 (est)

 

3.  What is budgeted (General Fund monies) for sidewalk repair, retrofit, and infill 2013? Projected for 2014? 

 

City Response:      There is not a specific allocation of General Fund monies set aside or budgeted for sidewalk repair/infill.  Funds are allocated depending on project and area needs.

4.   Does the City have a long-range plan or budget for sidewalk infill/retrofit? If yes, can we get a copy?

 

City Response:      The city has been aggressive in the past four years on gap sidewalk projects on collector and arterial streets.  Residential areas have not been as high of priority as mentioned earlier.  Many residents have expressed concerns about sidewalk construction due to cost, continued maintenance requirements and disruption to right-of-way and loss of privacy.   

 

5.   Does the City have a long-range plan or budget for sidewalk maintenance and repair? If yes, can we get a copy?

 

City Response:      State and local statutes place the maintenance of sidewalks as the adjacent (property) owner’s responsibility.   The city enforces sidewalk maintenance issues on complaint basis.  The property owner is given a reasonable amount of time to correct the sidewalk.  The difficulty in enforcement is exacerbated because the homeowners cannot afford the expense (current estimates for a linear foot installed is $40; approximately $1,000 for a 25-foo lot).

 

6.  What is the status of the Complete Streets plan? What is the City’s plan for implementing the objectives of this planning document?

 

City Response:      The City Commission adopted the Complete Streets policy in March 2012.  Staff continues to apply Complete Streets values when designing and constructing projects. 

 

7.  Are there different standards for sidewalk repair and infill (i.e. width, distance to curb, etc.) depending on the area of town?

 

City Response:      Section 20-1105 of City Code establishes minimum widths of sidewalks per street type and whether the sidewalk is located in the Original Townsite Area.

 

(a)       Design and Construction Standards

 

1)  Sidewalks shall be installed according to specifications adopted by the City Commission.

2)  Minimum widths are as follows:

Street Type

Minimum Sidewalk Width (in feet)

Local

5; Minimum width of 4 feet allowed in Original Townsite Area

Collector

5

Arterial

6; A designated 10’ Bicycle/Recreation Path on one side of the Street and a 6’ sidewalk on the other side

 

 

 

 

 

 

 

 

 

 

1)       The City Engineer is authorized to vary minimum sidewalk width and construction standards when the standards would be:

 

                                                                     i.                 impractical because of topography or site conditions;

                                                                   ii.                 inconsistent with the width of sidewalks on abutting sites; or

                                                                  iii.                 inconsistent with the pattern or material of sidewalks in older neighborhoods or historic districts.

 

8.  Under the current rental inspection proposal, will sidewalk condition be part of rental inspection?

 

City Response:      Sidewalks fall under the purview of the Property Maintenance Code and would be inspected per the city’s standard inspection practices.  Typically, only the most severe disrepair would be cited for repair.

 

9.  Currently, how are sidewalk repairs (done by or on behalf of the City) being paid for? Can we get a spreadsheet showing these expenditures, who pays, and who, if anyone, is billed?

 

City Response:      Sidewalk repairs are the responsibility of the adjacent property owner. The city does not keep records of these expenditures. The city’s Street Division does repairs on corners/intersections and installs ADA ramps. The Parks and Recreation Department maintains multi-use paths/recreation paths along major streets (i.e. Clinton Parkway, Kasold, W. 6th Street, Burroughs Creek) as well as sidewalks within the park system.

 

10.               Have CDBG funds been spent on sidewalk repair or infill in the last 3 years? If so, can we get a summary of these expenditures?

 

City Response:      Since 2009, a total of $344,290 CDBG funds have been allocated to sidewalk gap improvements. An additional $148,309 in CDBG funding was allocated for the 12th Street Lighted Pathway project.

               

2009/2010            $231,371.20 (+$27,233.00 Lighted Pathway Project)

2011                       $67,990.00 (+$121,076.38 Lighted Pathway Project)

2012                       $44,928.00

 

11.               Who is City Hall’s point person, for sidewalks? What advisory boards or standing committees currently address pedestrian safety and connectivity in Lawrence?

 

City Response:      The Public Works Department typically follows up on sidewalk issues.  Depending on the specific issue, various divisions in Planning and Development Services may also be involved. Depending on the project, the following boards may have input on safety-related projects: Bicycle Advisory Board, Traffic Safety Commission, Metropolitan Planning Organization (MPO) or the Lawrence Complete Streets Committee.

 

12.               How accurate is the City’s sidewalk inventory map? How often is this inventory updated? When it was last updated?

 

City Response:      The most recent sidewalk condition inventory and map was completed in 2006. The effort to complete this task included 1,920 staff hours to walk and rate the sidewalks and over 100 hours of technical GIS programming for the map and data to be generated. On an ongoing basis, the database information is updated as larger projects are completed.  As noted in Question #2, maintenance activities such as ADA ramps and portions of sidewalks replaced when inlets/utilities have not been captured in the current map (www.lawrenceks.org/maps).

 

13.               How many variances (to the code requirement that sidewalks be built on both sides of the street) have been granted for 2010? 2011? 2012? How are variance decisions made?

 

City Response:      A limited number of pre-platted subdivisions have received variances to not construct sidewalks on both sides of the street.  No newly platted property has received a variance from this requirement.   Specific examples are below:

 

2011               Fairfield Farms East Addition 1 – PP-12-15-11, re-platting the residential portion of the original plat - approved by the planning commission.

 

2012               Landon Court – Minor Subdivision MS-13-00026, reducing the total number of lots - approved by the planning commission.

 

Grand Addition – Minor Subdivision MS-12-00092 - approved by the planning commission. Existing improved street with sidewalk constructed on one side. Requiring sidewalk for this minor subdivision would only extend it into the dead-end street by two lots and would not be extended any farther.

 

Lawrence Recycle Addition – Preliminary Plat PP-5-4-12 (1783 E. 1450 Road/1545 N. 3rd Street). Variance approved by the Planning commission.  Required an agreement not to protest the formation of a benefit district for the future installation of sidewalks along N. 3rd St.

 

The code does allow that in lieu of constructing sidewalk(s) with a development project, an agreement not to protest the formation of a benefit district be executed so that said sidewalk can be constructed at the appropriate time.  This method was employed for BC&R Storage in North Lawrence due to the location of the facility and low demand for pedestrian network at the time.

 

14.               Has the City been party to lawsuits/settlements related to injuries occurring on sidewalks within the City? How much money has been expended to address these types of litigation in 2010? 2011? 2012?

 

City Response:       The city has not been party to a lawsuit for injuries occurring as a result of the condition of the sidewalk.