Proposed Changes
The present sidewalk ordinance is available as a PDF file online at www.cityofmonroe.org under the link "city code." Search for "11-1-9" and choose "CHAPTER 1, STREETS ALLEYS AND SIDEWALKS."
In section (F) of the ordinance, Marsh's proposed rewording inserts the word "installation" or "install new" among the acts of repairing or replacing sidewalks by residents. The changes would require residents to apply for and obtain permits, and to submit "self-repair agreements" with the city before self-installation of new sidewalks, just as they now do to repair or remove a sidewalk themselves.
In section (B), "Mandatory Installation," Marsh has added that sidewalks "shall be installed within one year of the sale of a lot or piece of land" and wherever curbs and gutters are "currently installed."
And under (D), Exceptions to Mandatory Installation," Marsh has listed six specific exceptions - which, he side-noted, may need to be expanded and defined: no curb or gutter, safety hazard, engineering, weather, trees/landscape and financial hardship. However, he noted that these exceptions are "postponements only."
Judiciary and Ordinance Review Committee (JORC) members Chuck Koch, Jan Lefevre, Dan Henke and Thurston Hanson all gave reasons last night for not wanting to approve changes to the present ordinances.
But after a heated debate, the committee voted 3-1 to allow Marsh to take the proposed changes to the Board of Public Works and to the Finance and Taxation Committee.
Marsh said the entire package of suggested changes by the two committees would be brought back to the JORC for consideration again.
On Feb. 5, the mayor submitted to the JORC a section of the city ordinances in which he proposed changes concerning sidewalk construction and repair. Marsh said his proposed changes reflect what is "already on the forms that we use."
Committee members' suggestions were not all favorable to making changes.
"I don't see where we need to make many changes; just get back to the program," Koch said.
He said the sidewalk program initiated in the 1990s "has been neglected." The program had called for $300,00 per year to be budgeted for sidewalks, "and they didn't do it," Koch said.
Marsh agreed that the 1996 study would have worked, "if it had been adhered to, but they didn't do that," he said. Marsh explained his idea to fund the project with a bond "wouldn't cost the city a dime."
"The study was a good study," Marsh said. "(But) I'm not basing this program totally on this study, I'm looking at six or seven other things."
Lefevre said she objected to the sections titled "exceptions to mandatory installation," and "mandatory installations."
"I will never approve mandatory installations," she said. "What you are asking us to do is to make changes to something that is flawed to begin with."
The city has finished 93 miles of sidewalks, with about 40 miles remaining.
Henke said the requirement of installing new sidewalks within one year of purchasing the lot or piece of land was not reasonable. He said some buyers purchase land not intending to build for years.
He also saw a need for wording about thickness of sidewalks in places which will be run over by heavy construction equipment.
Henke reiterated his objection to requiring sidewalks on both sides of a street. At the Feb. 5 meeting, he raised concern about too many sidewalks increasing storm water runoff.
Throughout the discussion, Hanson sat mute, smiling. Only when asked by Henke to make some comments did he respond.
"I think I've been quoted enough," Hanson said. "You know where I stand.
Hanson was the sole dissenting vote.
"It's like suddenly putting a park (that is for public use) adjacent to a property owner and asking them to pay for it," Hanson said. "It (the sidewalk ordinance) needs to be totally gutted. It comes down to how it is paid for."