To Require Sidewalks or Not Require Sidewalks: That is the Question  

By Pauline Masson

Aldermen are wrestling with whether sidewalks should be required in front of new buildings in the flood prone area of the city, which are adjacent to flood buyout lots, as called for in city codes.

The sidewalk requirement for new construction was borne of necessity. Originally a town of dirt or gravel roads and no sidewalks, Pacific added sidewalks on a neighborhood by neighborhood basis, when it had the money for such luxuries.

There were no zoning codes, or planning and zoning commssion here until the ladies in the Pacific Garden Club successfully lobbied for it in 1968.

Included in the building codes was a requirement that all new construction would require the builder to build a sidewalk along the property line of the new building. The theory was that if all builders were required to build a sidewalk in front of all new buildings, as properties developed, the city would eventually have sidewalks on every city block.

Builders balked, especially in areas where there were no sidewalks. They argued that they were being required to build sidewalks to nowhere. They asked for waivers to avoid building a sidewalk. The waiver request required action by both planning and zoning commission and the board of aldermen. Some times the waivers were granted, sometimes they were denied and the sidewalks had to be built.

It is only within the past twenty years that an aggressive sidewalk strategy has added sidewalks in neighborhoods frequented by pedestrians or children walking to school. In each case it was considered a safety issue, so pedestrians did not to have to walk in the street.

Now comes a suggestion by Alderman James Cleeve that builders in the often flooded area of the city should not have to be bothered with waivers. He says the waiver requests are a burden to property owners in the area where the city has bought out previously flooded properties and there are restrictions on what can be developed on the buyout property. 

Cleeve called for a map that shows streets where sidewalks will never be required. City Administrator Harold Selby ordered a map that shows approximately 40 lots in Old Town (marked with X on the map above ) that were bought out by the city. In Missouri after purchase, the properties are owned by the city and and are under public jurisdictions.

Selby said visiting the oldest section of the city after being gone for nine years ago, was a shock.

“I couldn’t believe how much construction has gone on down there. There are new homes all over the place down there,” he said. “And they’re nice homes. That’s grown into a real neighborhood.”

Within walking distance of those homes on – First Street, St. Louis, Union and Osage streets – are a bank, church, post office, barber shops, beauty shops, two large resale shops and six restaurants.

Cleeve said no one has asked for the no sidewalks – and no need for a waiver –  ever rule. He is just trying to help builders who have to seek waivers if they want to avoid building a sidewalk in front of new building construction, which is on the same block as a flood buyout lot.

This is a knee jerk notion that ignores the city’s long term goal of having sidewalks in all neighborhoods. 

Cleeve places his reasoning on what he perceives as FEMA restrictions on the flood buyout properties. He says nothing can ever be built on the flood buyout lots, which he believes includes no sidewalks. But a read of FEMA website casts that idea in doubt.

 FEMA says “No structures or improvements may be erected on these properties unless they are open on all sides. The site shall be used only for open space purposes and shall stay in public ownership – with a few exceptions.”

Certain uses of the properties are allowed with a permanent easement. As an example, in the case of building roads and bridges, easements can be made by FEMA, SEMA and local planners.

It seems reasonable that if FEMA allows an easement for a road, it would also allow an easement for a sidewalk.

“It can take two to three years to obtain an exemption from FEMA to utilize these parcels” FEMA warns.”This exemption would likely be a permanent easement rather than a transfer of property.” 

This focus by aldermen on the process of determining whether or not to require a sidewalk could leave areas of the city that will never have sidewalks.

The obvious questions here are, “Is this what the city wants?”  And, “Is this good city planning?”

The question of sidewalks and waivers seems to be an assignment for a professional planner. But the city has been operating without a professional city planner since Shawn Seymour left, after only six months, in 2018.

Former city administrator and former economic development director took over the duties of city planner. To be fair, Steve Roth and Steve Myers each had some experience in city development policies and practices. But, the question of a permanent ban on sidewalks in an entire section of the city goes beyond a staffer’s recommendation on one parcel.

FEMA says the whole community should be included in planning.

“Accomplished properly, planning provides a methodical way to engage the whole community in thinking through the lifecycle of a potential crisis, determining required capabilities and establishing a framework for roles and responsibilities,” FEMA says.

I turned to former Mayor Herb Adams, who hired the city’s first professional planner, Mary Hart, to craft the city’s first comprehensive plan, a precursor of the one now in use, because he saw the uncontrolled growth in the city.

Adams also got the first federal grant to build sidewalks on Congress Street, although the sidewalk was almost hidden in the language of the grant that was intended to fund a bike path. Some aldermen didn’t want the grant, but Adams prevailed.

Adams said citizens of older area the city should be the first concern of the city in making any sidewalk ordinances – not the builders.

“If you dictate where sidewalks cannot be built and deny waivers, you are taking away from the citizens of that area the option to appeal to aldermen for sidewalks, or for a waiver to avoid building a sidewalk,” he said.

“I question whether it is legal for the board of aldermen to eliminate citizens’ right to appeal a decision about their property,” he said.

Adams also said it is time for the city to add a professional planner to the staff.

“Pacific is always going to need a professional planner to keep the city on track with the comprehensive plan and land use,” Adams said. “People walking, people in wheel chairs or pushing strollers, should not have to compete with vehicles by walking in the street.”

Cleeve argues that his request is not to eliminate waivers, but to eliminate the need for waivers.

He also said the issue of no sidewalks ever on blocks that include flood buyout lots will get a lot of discussion.

”This is not going to go fast,” he said.