Public pushes back on sidewalks as city advances Douglas Avenue water‑main reconstruction

The city commission discussed the Douglas Avenue water‑main reconstruction and planned sidewalk installation from 19th Street to 20 First Street on July 28, with staff describing the project as a combined water‑main replacement and street/sidewalk work and neighborhood residents urging the commission to follow state notice and assessment procedures before installing new sidewalk.

City Manager Amy Leon told the commission the project was moved into the capital improvement schedule after staff determined the cast‑iron main in the area needed replacement and the street condition required earlier repair. She said the contractor bid was awarded by the commission earlier this year and staff has issued a notice to proceed. “This project came up to the commission in 2022… our engineering staff found out that it's cast iron water main in that area, and that's the oldest type of water main we have,” Leon said.

Why it matters: Residents said the sidewalk component — shown in design maps as a new path close to the curb on the west side of Douglas — was not needed and that city law and state statute require a separate notice and assessment process when sidewalks are required adjacent to existing buildings. Attorney Mike Marlowe, representing property owners Larry and Diane Ness, told the commission “we are doing this procedure backward,” arguing the city should make a formal resolution of necessity and provide the specific notice the statute requires before proceeding with a required sidewalk assessment. Marlowe pointed to the city ordinance provision that says where a good sidewalk already exists on the opposite side of the street, a new sidewalk is not required for preexisting buildings.

Several neighbors described safety and maintenance concerns. Resident Paul (Kieran) Miller said a narrow sidewalk “tucked to the curb” looks forced and would not change jaywalking behavior. Resident Michelle Flannery said the east side already has an “ADA compliant sidewalk … with ample green space between the sidewalk and the street, making it a safe route” and questioned whether the west‑side sidewalk would be used. John Hellsman cited ADA minimum widths and said narrower sidewalks can meet law requirements where needed. John Baumann and others raised snow‑removal and long‑term maintenance questions.

City staff responded that the active transportation plan, adopted and updated since 2016, guides sidewalk priorities and that a number of sidewalks were installed using the plan; Leon said the commission previously approved the bid for this reconstruction unanimously. Staff said they have attempted to work with property owners on alignment and to minimize impacts to landscaping and that the design shows the sidewalk set close to the curb to preserve yard features where possible.

Commission reaction was mixed. One commissioner urged caution about reopening a completed bid and construction award — noting the design and bidding process began months ago — while another suggested the sidewalk alignment could be shifted a few feet off the curb to address neighbor concerns. City legal staff (Ross) stated he and Marlowe disagreed about the precise statutory process to follow but explained the formal neighbor assessment and resolution procedure is typically used when the cost is assessed to private property owners; Ross said that process is intended for assessment situations whereas the current project is being funded from the city’s capital budget.

What happened next: No formal vote was taken on July 28; the item was presented for discussion only. Staff said the contractor has been given notice to proceed because the commission previously awarded the bid, and staff will continue to coordinate with property owners as construction progresses. Residents asked for additional clarification on notice, the sidewalk’s exact placement, the tree impacts and sewer condition inspections during construction.

Ending: City staff said they will continue outreach to impacted property owners and that the commission could revisit alignment choices if practical. The commission did not reverse the earlier bid award during the July 28 meeting.