"SHSI Certificate of Recognition"
"Best on the Web"


Encyclopedia Dubuque

www.encyclopediadubuque.org

"Encyclopedia Dubuque is the online authority for all things Dubuque, written by the people who know the city best.”
Marshall Cohen—researcher and producer, CNN

Affiliated with the Local History Network of the State Historical Society of Iowa, and the Iowa Museum Association.




SIDEWALKS: Difference between revisions

From Encyclopedia Dubuque
Jump to navigationJump to search
No edit summary
No edit summary
Line 53: Line 53:
[[Image:sidewalks2.png|left|thumb|350px|Photo courtesy: Telegraph Herald]]The inspection program began in 1989 interpreting the Supreme Court ruling as requiring the city to inspect sidewalks and monitor the progress of repairs. Jane Smith, the first sidewalk inspector, inspected 103 miles of the estimated 350 miles of sidewalks her first year. The 103 miles included 6,498 property owners of whom 70% were required to make some repairs. An estimated 1% refused to make the repairs. The city had the work done and added the cost to the owner's tax bill. The city used $40,000 to help low-income homeowners. Only sections marked by the inspector had to be repaired. A permit was required before any work was done and patching was discouraged because it usually required continual repair. (21)
[[Image:sidewalks2.png|left|thumb|350px|Photo courtesy: Telegraph Herald]]The inspection program began in 1989 interpreting the Supreme Court ruling as requiring the city to inspect sidewalks and monitor the progress of repairs. Jane Smith, the first sidewalk inspector, inspected 103 miles of the estimated 350 miles of sidewalks her first year. The 103 miles included 6,498 property owners of whom 70% were required to make some repairs. An estimated 1% refused to make the repairs. The city had the work done and added the cost to the owner's tax bill. The city used $40,000 to help low-income homeowners. Only sections marked by the inspector had to be repaired. A permit was required before any work was done and patching was discouraged because it usually required continual repair. (21)


Property owners were generally cooperative with the sidewalk inspections---until it came to cutting down trees planted in the area between the street and sidewalk. Roots of these trees were often found to be responsible for sidewalk damage. An estimated 152 trees were slated for removal and 93 trees could be saved with root pruning. A total of thirty-five homeowners opted for sidewalk re-routing around the trees. As a result of the inspections, seventy0three property owners were approved for city assistance which amounted to 75% of the cost. The focus in the first year was on arterial streets with heavy pedestrian traffic--Grandview Avenue from Delhi to the south end, Universty Avenue from Bluff to the west end, and Asbury Road from University to Kennedy Road. (22)
Property owners were generally cooperative with the sidewalk inspections---until it came to cutting down trees planted in the area between the street and sidewalk. Roots of these trees were often found to be responsible for sidewalk damage. An estimated 152 trees were slated for removal and 93 trees could be saved with root pruning. A total of thirty-five homeowners opted for sidewalk re-routing around the trees. As a result of the inspections, seventy0three property owners were approved for city assistance which amounted to 75% of the cost. The focus in the first year was on arterial streets with heavy pedestrian traffic--Grandview Avenue from Delhi to the south end, University Avenue from Bluff to the west end, and Asbury Road from University to Kennedy Road. (22)


In 1998 Radford Road between Pennsylvania Avenue to Asbury Road was reconstructed and the city planned to install public sidewalks on both sides of the road. One property owner with 1,320 feet of frontage property faced an assessment of $89,456 of which $24,000 was for sidewalks. Property owners also did not want to be responsible for maintenance like shoveling. (23)
The city council in August, 1989 looked further into sidewalk liability. While Iowa law required cities to maintain sidewalks in safe condition and the Iowa Supreme Court further ruled that cities must inspect sidewalks to ensure their maintenance, City Attorney Barry Lindahl suggested it might be worth a test court case to see whether the city shared liability with the property owner. (23) In 1973 the Iowa Supreme Court had reaffirmed a state law holding owners of private property were not liable for injuries to a person who fell on an icy public sidewalk. (24)


In April, 1998 in the interest of public safety the Dubuque City Council voted unanimously to move ahead with more than $400,000 in sidewalk installation projects. Located in five areas of the city, the projects' costs was to be nearly all paid through assessments to abutting property owners. The areas addressed were: (24)
In 1998 Radford Road between Pennsylvania Avenue to Asbury Road was reconstructed and the city planned to install public sidewalks on both sides of the road. One property owner with 1,320 feet of frontage property faced an assessment of $89,456 of which $24,000 was for sidewalks. Property owners also did not want to be responsible for maintenance like shoveling. (25)
 
In April, 1998 in the interest of public safety the Dubuque City Council voted unanimously to move ahead with more than $400,000 in sidewalk installation projects. Located in five areas of the city, the projects' costs was to be nearly all paid through assessments to abutting property owners. The areas addressed were: (26)


                 1. Pennsylvania Avenue from Vizaleea Drive to Embassy West Drive
                 1. Pennsylvania Avenue from Vizaleea Drive to Embassy West Drive
Line 65: Line 67:
                 5. Center Grove Drive from Wacker Drive to Cedar Cross Road
                 5. Center Grove Drive from Wacker Drive to Cedar Cross Road


In 2018 the issue of sidewalks along Kennedy Road, an issue that had been raised in 2007, was again brought to the city council. The issue in 2018 was construction of sidewalks between Asbury Road and the [[NORTHWEST ARTERIAL]]. Editorials in the ''Telegraph Herald'' had supported the construction. In 2018 the council in a unanimous vote rejected the plan and sided with the property owners in the area who cited the cost and need for snow removal. (25)
In 2018 the issue of sidewalks along Kennedy Road, an issue that had been raised in 2007, was again brought to the city council. The issue in 2018 was construction of sidewalks between Asbury Road and the [[NORTHWEST ARTERIAL]]. Editorials in the ''Telegraph Herald'' had supported the construction. In 2018 the council in a unanimous vote rejected the plan and sided with the property owners in the area who cited the cost and need for snow removal. (27)


---
---
Line 113: Line 115:
21. Dickel, Dean, "Sidewalk Shuffle," Telegraph Herald, March 19, 1996, p. 1
21. Dickel, Dean, "Sidewalk Shuffle," Telegraph Herald, March 19, 1996, p. 1


22. Kirchen, Rich, "Citys Sidewalk Repair Program "A Learning Experience," ''Telegraph Herald'', December 9, 1989, p. 12
22. Kirchen, Rich, "City's Sidewalk Repair Program "A Learning Experience," ''Telegraph Herald'', December 9, 1989, p. 12
 
23. Kirchen, Rich, "City May Look into Sidewalk Liability, ''Telegraph Herald'', August 5, 1989, p. 1
 
24. "Iowa Sidewalk Liability Defined," ''Telegraph-Herald'', October 18, 1973, p. 15


23. Wilkinson, Jennifer, "Radford Road Property Owners Protest Assessments," ''Telegraph Herald'', March 3, 1998, p. 1
25. Wilkinson, Jennifer, "Radford Road Property Owners Protest Assessments," ''Telegraph Herald'', March 3, 1998, p. 1


24. Wilkinson, Jennifer, "Council OKs Sidewalks, Mostly at Residents' Expense," ''Telegraph Herald'', April 21, 1998, p. 1
26. Wilkinson, Jennifer, "Council OKs Sidewalks, Mostly at Residents' Expense," ''Telegraph Herald'', April 21, 1998, p. 1


25. "Kennedy Road Sidewalks Needed," (editorial), ''Telegraph Herald'', February 23, 2018, p. 4
27. "Kennedy Road Sidewalks Needed," (editorial), ''Telegraph Herald'', February 23, 2018, p. 4





Revision as of 20:49, 27 September 2019

Wooden sidewalks posed continuous maintenance problems. Photo: Boot Hill Museum, Dodge City, KS

SIDEWALKS. Dubuque residents as early as the 1800s were held responsible for the maintenance of sidewalks in front of their property. The locations of sidewalks needing repair were listed in the newspaper. The width of sidewalks was debatable.

The fear of CHOLERA led to city-wide cleaning activities in 1866. Sidewalks were the focus of attention as well as ALLEYS. Residents were told to clear their sidewalks of boxes and rubbish so "as not to impede locomotion." (1)

Editorials of 1872 agreed with property owners on less traveled streets that sidewalks of six or eight feet in width were just as good as those constructed ten to twelve feet wide. On November 30, 1872 the Dubuque Herald announced a series of lots that would be sold to cover the cost of constructing sidewalks. (2)

The removal of snow was a particular focus of Mayor Christopher H. BERG.

On June 1, 1895 a series of fourteen "Sidewalk Notices" appeared in the Dubuque Herald. All ended with the city of Dubuque affected and all began in the same manner: (3)

                Sidewalk Notice
                Resolved, By the City Council of the City of Dubuque: That a
                sidewalk four feet wide, of good two-inch plank, brick, stone
                or cement, be, within fifteen days of this notice, constructed
                and laid in conformity with the ordinance in relation to
                                     sidewalks on both sides of....(names of streets) where not
                                     already laid, at the expense of the abutting property.

Additional notices following the same format appeared in 1897. These tended to be in residential areas and were generally 6 feet in width. (4) Notices appearing in 1898 were for business areas and tended to call for wider sidewalks. The sidewalk inspector, Ziedman, with a horse and wagon was responsible to keep sidewalks in repair. (5)

In May 1901, Augustin A. COOPER was notified that he would have to appear and defend in the case brought against the city by a citizen injured on a defective sidewalk on the Cooper premises along West 5th. This was the first time the city had used its power to compel property owners to defend in cases of injury where the property owner had been negligent in keeping the sidewalks in good condition. (6) Repair of sidewalks resulted in unexpected problems. When removed during sidewalk repair, old boards with nails were occasionally thrown into the street laming animals. (7)

The issue of "permanent" sidewalks was addressed by the city council as early as 1906. All new sidewalks were considered to be permanent sidewalks and would be constructed of brick, stone or cement. The city could condemn any sidewalk in use which was made of any other material. (8) Sidewalks varied in width from 4' in residential areas to 6', 8' or 12' feet in width in business districts. (9)

The scope of sidewalk construction can be seen from the report of James Lynch, Sidewalk Inspector, to the City Councul in 1910. In his report, Lynch pointed out that from April 8, 1910 to December 31, 1909 his department had constructed 614 new walks for a total of 147,860 square feet and repaired 161 old sidewalks. There had also been 4723 aprons and steps repaired. (10)

In 1959 the City of Dubuque wanted land for installing improved street, curb and gutter, utilities, sidewalks and other improvements." CLARKE COLLEGE conveyed the needed land to the city without reimbursement. The city agreed that:

                    Except as hereinafter provided, that no assessment of any kind will
                    at any time be levied by the city upon the property of Clarke that is
                    adjacent or abutting to (the property donated by Clarke) for the
                    installation of an improved street, curb and gutter, water, sewer, gas
                    or other utility, or sidewalks (including the replacement and repair
                    of said improvements) in or upon the property herein agreed to be
                    conveyed to the city.

The "hereinafter provided" exception was that Clarke, or any successor owner of the abutting property, would havbe to pay a negotiated price before making use of the improvements. (11)

In 1970 with the opening of STEPHEN HEMPSTEAD HIGH SCHOOL, concern was voiced about the installation of sidewalks along Key Way Drive. The responsibility for constructing sidewalks was the responsibility of the contractor. Some leeway was allowed developers so that they could complete building on the lots before the sidewalks were installed. This lessened the possibility that the sidewalks would be damaged by heavy construction equipment. (12)

In the summer of 1973 the City of Dubuque began a long-range assessment program expected to last ten years to build to repair sidewalks o streets where it was judged necessary. Work would be primarily done at the expense of property owners and compliance was mandatory. In the first year, 86 property owners would be assessed a total of $57,510 of the programs total cost of $77,367. The project was aimed at arterial and collector streets with heavy pedestrian traffic and those areas receiving numerous complaints. The last sidewalk assessment program was conducted in 1967. Since that time, sidewalk repair was through voluntary cooperation from property owners. The City Engineer believed a comprehensive assessment program was needed because parts of the city remained with sidewalks and complaints had risen. (13)

In June 1983 Spechtenhauser fell on a sidewalk near Grandview Avenue at Delhi. (14) In 1986 her $38,304 jury award resulted in the City of Dubuque being found responsible for regularly inspecting and supervising its sidewalks. The Iowa Supreme Court upheld the lower court ruling in July 1986. (15)

As a result of the award, the city named its sidewalk inspector by August, 1988 from a pool of city employees for applied for the job. The city administration announced plans to implement policies for the program. One proposal was to use local sales tax proceeds to pay of portion of sidewalk repairs. At the present time, property owners were responsible for the entire cost of replacing defective sidewalks. The cost was estimated at $32 per slab. (16)

Changes in city ordinances were also planned to bring the city in compliance with new state laws. Cities had been given the right to file special property tax assessments against properties where the city performed inspector-ordered improvements that the property owner had refused to make. The city had relied on liens to pay for the work. (17)

The city's 350 miles of sidewalks would initially be inspected by one full-time employee. During the summer of 1989 two seasonal workers would help with inspections or follow-up work on the inspector's orders. It was estimated that the inspector would need four to five years to review all the sidewalks--including the city-owned stairways. Property owners would have 30 days to perform the work ordered. If the owner failed to complete the work, the city would hire a contractor. (18)

In September 1988 City Manager Kenneth GEARHART proposed a plan by which property owners would pay between half and none of the cost of repairing and replacing sidewalks, depending on income. Local sales tax proceeds would pay half of all property owners' cost. In eligible areas of the city, federal Community Development Block Grant monies would cover twenty-five percent of the remaining cost for moderate-income property owners and 50% of the remaining costs for low-income property owners. Gearhart also proposed that property owners faced with sidewalk assessments over $100 could pay in five annual installments. (19) The plan met with cool reception, although it was passed on September 6, 1988 on a 4-2 vote. (20) Eventually financial help for low-income home owners was provided.

Photo courtesy: Telegraph Herald

The inspection program began in 1989 interpreting the Supreme Court ruling as requiring the city to inspect sidewalks and monitor the progress of repairs. Jane Smith, the first sidewalk inspector, inspected 103 miles of the estimated 350 miles of sidewalks her first year. The 103 miles included 6,498 property owners of whom 70% were required to make some repairs. An estimated 1% refused to make the repairs. The city had the work done and added the cost to the owner's tax bill. The city used $40,000 to help low-income homeowners. Only sections marked by the inspector had to be repaired. A permit was required before any work was done and patching was discouraged because it usually required continual repair. (21)

Property owners were generally cooperative with the sidewalk inspections---until it came to cutting down trees planted in the area between the street and sidewalk. Roots of these trees were often found to be responsible for sidewalk damage. An estimated 152 trees were slated for removal and 93 trees could be saved with root pruning. A total of thirty-five homeowners opted for sidewalk re-routing around the trees. As a result of the inspections, seventy0three property owners were approved for city assistance which amounted to 75% of the cost. The focus in the first year was on arterial streets with heavy pedestrian traffic--Grandview Avenue from Delhi to the south end, University Avenue from Bluff to the west end, and Asbury Road from University to Kennedy Road. (22)

The city council in August, 1989 looked further into sidewalk liability. While Iowa law required cities to maintain sidewalks in safe condition and the Iowa Supreme Court further ruled that cities must inspect sidewalks to ensure their maintenance, City Attorney Barry Lindahl suggested it might be worth a test court case to see whether the city shared liability with the property owner. (23) In 1973 the Iowa Supreme Court had reaffirmed a state law holding owners of private property were not liable for injuries to a person who fell on an icy public sidewalk. (24)

In 1998 Radford Road between Pennsylvania Avenue to Asbury Road was reconstructed and the city planned to install public sidewalks on both sides of the road. One property owner with 1,320 feet of frontage property faced an assessment of $89,456 of which $24,000 was for sidewalks. Property owners also did not want to be responsible for maintenance like shoveling. (25)

In April, 1998 in the interest of public safety the Dubuque City Council voted unanimously to move ahead with more than $400,000 in sidewalk installation projects. Located in five areas of the city, the projects' costs was to be nearly all paid through assessments to abutting property owners. The areas addressed were: (26)

                1. Pennsylvania Avenue from Vizaleea Drive to Embassy West Drive
                2. Pennsylvania Avenue from Embassy West Drive to Radford Road
                3. Kennedy Road from Spring Valley Road to Asbury Road
                4. Cedar Cross Road from Center Grove Drive north to Nightendale Lane
                5. Center Grove Drive from Wacker Drive to Cedar Cross Road

In 2018 the issue of sidewalks along Kennedy Road, an issue that had been raised in 2007, was again brought to the city council. The issue in 2018 was construction of sidewalks between Asbury Road and the NORTHWEST ARTERIAL. Editorials in the Telegraph Herald had supported the construction. In 2018 the council in a unanimous vote rejected the plan and sided with the property owners in the area who cited the cost and need for snow removal. (27)

---

Source:

1. "Clean the Sidewalks," Dubuque Herald, April 24, 1866, p. 4. Online: https://news.google.com/newspapers?nid=uh8FjILnQOkC&dat=18660424&printsec=frontpage&hl=en

2. "Sidewalk Sale," Dubuque Herald, November 30, 1872, p 4. Online: https://news.google.com/newspapers?nid=uh8FjILnQOkC&dat=18721130&printsec=frontpage&hl=en

3. "Sidewalk Notice," The Dubuque Herald, June 1, 1895, p. 6

4. "City Council Proceedings," The Dubuque Herald, August 24, 1897, p. 11

5. "City Council Proceedings," The Dubuque Herald, April 27, 1898, p. 6

6. "Cooper Must Appear," Dubuque Daily Telegraph, May 1, 1901, p. 2

7. "Bad Practice," Dubuque Herald, September 123 1872, p. 4. Online: https://news.google.com/newspapers?nid=uh8FjILnQOkC&dat=18720912&printsec=frontpage&hl=en

8. "An Ordinance" Dubuque Telegraph-Herald, August 4, 1906, p. 6

9. "City Council Proceedings," Dubuque Telegraph-Herald, May 4, 1915, p. 10

10. "Council Proceedings," Dubuque Telegraph-Herald, January 12, 1910, p. 6

11. "Action Line," Telegraph-Herald, September 17, 1972, p. 11

12. "Action Line," Telegraph Herald, January 29, 1970, p. 3

13. Fyten, David, " Sidewalks to Cost Owners $57,510," Telegraph-Herald, March 26, 1973, p. 1

14. Kirchen, Rich, "Councilmen Harden Views on City Sidewalk Inspection," Telegraph Herald, September 16, 1988, p. 3

15. Kirchen, Rich, "Ready to Walk---and Walk," Telegraph Herald, August 21, 1988, p. 44

16. Ibid.

17. Ibid.

18. Ibid.

19. Kirchen, Rich, "Sidewalk Plan Ties Income to Repair Share," Telegraph Herald, September 1, 1988, p. 1

20. Kirchen Rich, "City Sidewalk Program Get Cool Reception From Council," Telegraph Herald, September 7, 1988, p. 1

21. Dickel, Dean, "Sidewalk Shuffle," Telegraph Herald, March 19, 1996, p. 1

22. Kirchen, Rich, "City's Sidewalk Repair Program "A Learning Experience," Telegraph Herald, December 9, 1989, p. 12

23. Kirchen, Rich, "City May Look into Sidewalk Liability, Telegraph Herald, August 5, 1989, p. 1

24. "Iowa Sidewalk Liability Defined," Telegraph-Herald, October 18, 1973, p. 15

25. Wilkinson, Jennifer, "Radford Road Property Owners Protest Assessments," Telegraph Herald, March 3, 1998, p. 1

26. Wilkinson, Jennifer, "Council OKs Sidewalks, Mostly at Residents' Expense," Telegraph Herald, April 21, 1998, p. 1

27. "Kennedy Road Sidewalks Needed," (editorial), Telegraph Herald, February 23, 2018, p. 4


Brick sidewalks are rare in the twentieth-first century.

See: SIDEWALK MARKERS