Memorandum
City of Lawrence
Public Works Department
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TO: |
Thomas M. Markus, City Manager |
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FROM: |
David P. Cronin, P.E., City Engineer |
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CC: |
Charles F. Soules, P.E., Public Works Director Jessica Mortinger, Senior MPO Transportation Planner |
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DATE: |
October 7, 2016 |
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RE: |
Pedestrian-Bicycle Issues Task Force Staff Implementation Plan |
Staff Recommendations
The task force recommended forming a Transportation Commission that would be recommending body to the City Commission on all issues related to transportation decision making including implementation of the complete streets policy on public improvement projects, prioritizing projects and funding, and reviewing policies and programs concerning education, enforcement and safety.
Staff is recommending the following steps to develop the Transportation Commission:
· Repealing Resolution No. 2033 and ending the current Traffic Safety Commission as it exists today and restructuring its duties/by-laws into the Transportation Commission.
· Repealing Resolution No. 6874 and ending the current Lawrence - Douglas County Bicycle Advisory Committee, restructuring some of the BAC duties into the Transportation Commission and establishing a subcommittee to the Lawrence - Douglas County Metropolitan Planning Organization (MPO) to serve the regional bicycle planning role.
· Approving Resolution 7172 (attached) establishing the Transportation Commission.
The Transportation Commission would consist of nine members; seven appointed by the mayor and approved by the City Commission, one appointed by University of Kansas, and one appointed by USD 497. The members should include:
· One member representing bicyclists
· One member representing pedestrians
· One member representing local business
· One member of the Public Transit Advisory Committee
· One member representing the University of Kansas (appointed by University)
· One member representing the USD 497 School Board (appointed by USD 497)
· One member that is a professional in planning or engineering related field (architect, engineer, planner, etc.)
· Two members that are professionals or lay persons with interest, knowledge or training in fields related to multimodal transportation.
Members would be appointed for a three year term and could serve up to two consecutive terms. Members would meet once a month and Public Works Director/City Engineer would be the staff liaison. For continuity, some members of the current Traffic Safety Commission and Bicycle Advisory Committee should serve on the Transportation Commission.
Currently by city code (attached at the end of this memo) the adjacent property owners are responsible for sidewalk maintenance and the current policy is ineffective in compliance. There is approximately $9.4M in sidewalk deficiencies in the city (from a 2014 citywide inventory); $6.1M in sidewalks and $3.3M in ADA compliant sidewalk ramps.
The task force unanimously agreed that the city needs to have a proactive sidewalk repair program. The task force and staff reviewed multiple programs implemented in other communities and was challenged on determining a legal equitable solution for Lawrence with the understanding that creating a new sales tax or property tax was unpopular. The creation of a sidewalk utility fee was evaluated but determined that it is only legal by Kansas Statute if property owners voluntarily 'opt-in'. An 'opt-in' program would be challenging in Lawrence with the existing conditions of sidewalks.
Staff is recommending implementing an enforcement program to inspect sidewalks for compliance with existing city code:
· All public sidewalks would be inspected on an 8 year cycle (1/8th per year).
· Sidewalk panels out of compliance would be marked with paint.
o The City would be responsible for all ADA accessible sidewalk ramps and any sidewalk panels determined to be out of compliance due to City infrastructure (manholes, valves, storm sewer inlets, etc.).
o The adjacent property owner would be responsible for cracked or uneven sidewalks with cross slopes that exceed 2% (ADA requirement) or vertical deflections greater than 1/2" (current city code 16-105). Property owners with brick sidewalks would have the option of replacing with brick or concrete.
The property owner would receive a notice from the City in the mail which would include an explanation of the markings, a diagram of the area, and an explanation of the options to complete and pay for the sidewalk maintenance. Options would include hiring a private sidewalk contractor to do the repairs or using a city-hired contractor to repair the sidewalk. If a city-hired contractor performed the work the property owner would have the option to be billed or assessed the costs over time with property taxes. A city-hired contractor would have the ability to secure a lower price because of the citywide volume of work (economies of scale).
The city at-large would be responsible for the $3,300,000 in sidewalk ramps ($412,500/year over 8 years) plus the cost of sidewalk repairs due to city infrastructure. The city currently spends approximately $100,000 annually from street maintenance funds on repairing sidewalks and $60,000 repairing sidewalk ramps. Additional funds would be needed to cover the expense of the city's sidewalk responsibilities.
Staff recognizes that there could be affordability issues for low income families. We are evaluating options that could allow for the deferral of the assessment until such time as the ownership changes and the property would sell to recover the costs.
Staff recommends proceeding with an interdepartmental city staff team that considers the 5 E's with every public or private project, program or practice. A 'Complete Streets' staff team will work in coordination to improve the transportation network and use of right-of-way by discussing and identifying issues that affect codes and operations of each department. Public Works is often the lead department in street infrastructure projects and it is recommended the City Engineer serve as the public point of contact to coordinate citizen requests and city projects. The staff team would meet bi-weekly or as needed to discuss projects and programs; the team will also participate in training and education opportunities for professional development.
Members of the City Complete Streets staff team would include:
· Public Works - City Engineer; Transportation Engineer
· City Manager's Office - Asst. to the City Manager; Sustainability Coordinator
· Planning - Senior MPO Transportation Planner; Land use planner
· Parks & Recreation - Assistant P&R Director; Horticulture Manager
· Utilities - Assistant Utilities Director
· Transit - Public Transit Administrator
· Fire & Medical - Fire Marshal
· Police - Neighborhood Resource Officer
· Legal - Senior Assistant City Attorney
4. Pursue Walk and Bike Friendly Community Program Recognition.
These programs have criteria to evaluate communities nationwide and provide direction on improving through the built-network and establishing programs.
Bicycle Friendly Community is a League of American Bicyclists program that reviews communities based on the following criteria through an application process every 4 years and designates the community's commitment to being bicycle friendly (Bronze, Silver, Gold, Platinum and Diamond). Lawrence has been previously designated a bronze community since 2004 and the BAC reapplied this summer with feedback expected to be received in November.
Walk Friendly Communities is a national recognition program developed to encourage cities to support safer walking environments. City staff will submit an application this fall to get feedback and recognition (Bronze, Silver, Gold or Platinum).
5. Funding
City staff intends on continuing to recommend improvements in implementing complete streets with new road construction and maintenance projects as opportunities and funding arise. There is currently $450k budgeted in 2017-2019 dedicated to standalone pedestrian & bicycle projects. The is also $200k budgeted per year for traffic calming projects that can be used to make safety improvements related to pedestrians and bicyclists.
The current 10-year 0.3% infrastructure sales tax expires in 2019 and the task force agreed that renewing the sales tax is an opportunity to set-aside dedicated funding; 0.05% would create approximately $850,000/year. In 2017, staff will begin evaluating projects and funds that can be set-aside for non-motorized transportation projects if the sales tax is extended beyond 2019.
6. Priorities
a. Pedestrian
i. Safe Routes to School - fill gaps within designated network
ii. Arterial & Collector streets - complete gaps on both sides of arterials and one side of collectors
iii. Invest in safer facilities for seniors and people with disabilities - ADA compliance on sidewalks, ramps and improved crosswalks
b. Bicycling
i. Complete the "Lawrence Loop"
ii. Improve safety on roads with high crash rates
iii. Develop bicycle boulevards
Staff will be using the priorities of the task force when recommending pedestrian and bicycle projects in the future. Staff recommendations will be reviewed by the Transportation Commission and public comment will be received before proceeding to the City Commission. Staff is currently working on plans and construction for these priorities:
Current City Codes for Sidewalk Repair:
16-105 SIDEWALK HAZARDS.
No owner of any property having a sidewalk adjacent thereto shall permit any plank,
brick, stone or segment of such sidewalk to be raised above the established level of
such sidewalk more than one-half (1/2) inch, in any manner which might catch the
foot of a pedestrian, or to permit any holes or depressions to occur in the sidewalk in
which a pedestrian might step or catch their foot in a manner to cause injury. (Code
1979,16-106)
16-208 NEW CONSTRUCTION, RECONSTRUCTION, REPAIR.
The Commission may by resolution order sidewalks reconstructed or repaired when
in its judgment the same is necessary. The Commission may by resolution order
sidewalks constructed upon receipt of a petition signed by twenty-five (25) resident
property owners in any precinct of any ward praying for construction of such
sidewalks within that area. (K.S.A. 12-1803; Code 1979)
16-209 NOTICE OF ORDER.
(A) It shall be the duty of the City Clerk to serve a written or printed notice to
construct or reconstruct as contemplated by K.S.A. 12-1805 or cause such a
notice to be served on the owner or authorized agent for the owner of the
property in front of which or adjacent to which the new sidewalks have been
ordered constructed or sidewalks have been ordered reconstructed or
repaired under Section 16-208 of this Article.
(B) The notice shall be served on a nonresident property owner by publication in
the City's official newspaper, when the address of the owner or agent is
unknown to the City Clerk. (Code 1979, 16-210:21 1)
16-210 CONSTRUCTION BY CITY, WHEN.
If a sidewalk is not constructed, reconstructed or repaired within the time provided in
the notice required by Sections 16-209, the same shall be done by contract or by the
City and the cost thereof levied against the property. If the cost levied under this
Section shall not be paid within thirty (30) days, it shall be certified to the City Clerk to
be collected the same as other taxes. (Code 1979, 16-212)