Debate over sidewalks a tightrope for Port officials

Port Washington residents living on streets that will be reconstructed next year are likely to find sidewalks being installed in front of their houses even if there isn’t a walkway there today — but officials said Tuesday they don’t know who will pay for that work.

In the past, these residents would have been billed for the new sidewalks, but in October the Common Council broke with past practice and voted 4-3 not to assess the cost of new sidewalks to residents living on Hales Trail, Sunrise and Crestview drives and several other streets.

That decision was specific to those streets but seems to set a precedent that would seem to indicate the city won’t charge residents for new sidewalks next year, but without an overall policy the question remains.

“Moving forward, that’s a policy discussion the council has to have,” City Administrator Tony Brown said. “I think everyone who lives here would like some clarity.”

In a letter to residents living on the streets set to be rebuilt or resurfaced next year, Public Works Director Rob Vanden Noven said he does not anticipate assessing residents for sidewalk construction.

“I thought the direction from the last special assessment resolution was clear. They voted not to special assess,” Vanden Noven said, noting he’s placed money in the street construction budget for next year to cover the cost of sidewalks. “I don’t see what would be any different about any future sidewalk projects that would cause me to bring another resolution to the council.

“If I’m incorrect in that assumption, I’m sure the council will let me know.”

For decades, the city has borrowed money to install sidewalks in areas where there were no walkways previously and assessed residents for the cost. The assessments could be paid over five years.

When the sidewalks need to be replaced, the city picks up that cost.

But when the city decided to install sidewalks on Hales Trail and other bluff streets, bringing with them potential assessments averaging about $3,000, the Common Council did an about-face, with the majority of aldermen arguing that sidewalks are a benefit to the general public and should be paid for by the community.

Officials said at the time that a new, comprehensive sidewalk policy should be developed, but there’s been no movement on the issue.

Tuesday, several residents of Theis Street told aldermen whatever policy is approved should be fair and equitable, noting they didn’t want sidewalks installed on their street in 2016 but had to pay for them.

“This hasn’t been fair and equal when we’re required to pay thousands of dollars for our sidewalks and others don’t have to,” Carol Jushka, 233 W. Theis St., said.

Fred Schaefer, 209 W. Theis St., said, “If you don’t have a legal obligation to reimburse us, you have a moral obligation to reimburse us to put us on an even keel with the rest of the city.”

Several officials told Ozaukee Press they don’t know who will pay for sidewalks next year, but they acknowledged that the October decision sets a precedent that would be hard to break.

“I don’t see how we can go back,” Ald. Deb Postl said. “I feel very bad for people who have been charged in the past. But it was a bad idea to begin with. 

“If we wait for the perfect time to stop a bad practice, we’ll never change it. We either continue a bad practice or we stop it now.”

Mayor Ted Neitzke said sidewalks are a piece of infrastructure, “and the city should take care of that. That’s the responsibility of the whole city.”

Ald. Paul Neumyer concurred, saying sidewalks are “an amenity enjoyed by all the citizens of the city. It’s a service like water and sewer.”

Ald. Mike Gasper, who said he expects officials to begin talks on a sidewalk policy in January, agreed that it would be difficult to once again charge residents for new sidewalks.

“It would be very hard (to reverse course) or we would basically be showing favoritism to a neighborhood,” he said. “I don’t see us walking back on that.”

Ald. Jonathan Pleitner, chairman of the Finance and License Committee, admitted that the decision not to charge for sidewalks in the bluff area “does make it difficult to charge for future projects.”

But, he said, residents should be prepared for that possibility.

“It’s a tough conversation,” he said, because if the city doesn’t assess residents for the cost, it will have to borrow additional funds for the work, adding to its debt service.

“To me, it’s a balancing act between special assessing people and adding to the debt service,” he said, adding he’s not comfortable increasing the debt service.

Pleitner said he would like to have the city take a look at its street program overall and judge if sidewalks are needed everywhere in the community.

“That all comes into play here,” he said.

Ald. John Sigwart noted that the city left residents in a conundrum since there is no real policy now.

“I think we did de facto set a new policy by saying we weren’t going to assess (for sidewalks in the bluff neighborhood),” he said. “Just because you had the misfortune of being in the new street reconstruction project area, you shouldn’t be assessed.”