ITEM 3.11 Sidewalk policyIm
1Ty or
ot fgo
MINNESOTA
DEPA T ENT INFORMATION
Request for
City Council Action
oR lel T66-6& T i[ T :...................................
EQUE $TO R
MEETING DAT E
Public Works
Devin Lamson, Public Works
June 10, 2013
PRE ENTE s :
REVIEWED BY:
ITEM #:
Kevin Lamson, Public Works
Lori Johnson, City Administrator
3.11- Sidewalk Policy
AGFA ITFM DETAILS
RECOMMENDATION:
City staff recommends adoption of Policy .11- Public Sidewalk Policy
ARE YOU 8 EEE KING APPROVAL of A CONTRACT?
I S A PUBLIC HEARING RE FIRED
No
N
BAnl o ouNDIJUSTlF«ATI N: Staff has recently attended Loss Control Workshops put on by the League of MN
Cities. One class in particular focused on the importance of cities to create and adopt a formal sidewalk
policy. The LMNC recommends that cities adopt some type of sidewalk policy and designate a
department to delegate the responsibility too, Public Works staff gill be responsible for the initial surrey,
scheduling of routine inspections and following criteria for repairs and or replacement of a sidewalk
section. City staff has drafted a proposed policy based on model language provided by the LMNC and
recommendations of the Cit} Engineer and Public Works staff. The proposed draft was presented to the
Public Works Sub -Committee and it was the consensus of the committee to recommend that the policy be
approved.
SUPPORTINGDOCUMENTS: NONE
A. Public Sidewalk Policy
B. resolution 2013-32 adopting a Public Sidewalk policy
MOTION: : (Pleases}cord motion as you would like it to appear In the 1nute .)
Motion to adopt Resolution 2013-32 adopting a Public Sidewalk Policy.
BUDGET INFORMATION
FUNDING: BUDGETED: YES
NO
ACTION TAKEN
❑ APPROVED AS REQUESTED o DENIED a TABLED ❑ OTHER (List Lange
It e h,r, 1# 21b 603
POLICY 82.1 1
PUBLIC SIDEWALK
Section
04.08. 0'1
Purpose
04.08.02%.
Financial Responsibility
04.08. 03
Sidewalk Specifications
04.08.04
Sidewalk Inspection Procedures
04.88.05
sidewalk repair and Replacement
84.08.06
Sidewalk Maintenance
e
04.08.07
Street Accesses
04.08.08
Amendments
04. 8, 'I = PURPOSE:
A. The City has required (and continues to require) installation of public sidewalks
within the public right-of-way or public easements for new developments-, which
vary in age and in quality of condition. Not every mere inequality or irregularity in
the surface of the sidewalk rises to the level of a defect. The City recognizes that
some sidewalk conditions create unreasonable hazards for pedestrians and other
sidewalk users.
B. The City has limited employee and financial resources and cannot reasonably
replace all sidewalks needing replacement or repair in the sane year the
sidewalk is identified as needing replacement and repair. Sidewalk replacement
and repair can be costly. Comprehensive sidewalk surveys are expensive and
require the use of limited city personnel and ether resources. Under appropriate
circumstances, some or all of the cost of sidewalk replacement may he passed to
the adjacent property owner.
C. Accordingly, the City and its Public works Department must exercise both
discretion and professional judgment in determining whether and when sidewalks
need to be replaced or repaired. The City expects that its agents, employees,
and City officials will exercise discretion in identifying conditions requiring
replacement and repair, in the scheduling of replacement and repair and in
establishing priorities for replacement and repair.
D. This policy is in addition to requirements established by the City Code and other
City policies related to sidewalk maintenance, repair and replacement.
*08.02: FINANCIAL RESPONSIBILITY: The responsibility for costs
associated with repair and replacement of public sidewalks shall be as follows:
A. The City shall fund repair of sidewalks when determined by the Public Works
Street Supervisor that the defect can be corrected without replacement of an
entire panels.
B. The cost for replacement of defective sidewalk panels when determined
necessary by the Public Works Streets Supervisor shall be one hundred 100
percent assessable to the abutting property in accordance with Section
03.03.06.13.1 of the Public Improvements Assessment Policy.
04.08.03: SIDEWALK SPECIFICATIONS: The specifications for public
sidewalks shall be as adopted by the Engineering Manual.
04.08.04: SIDEWALK INSPECTION PROCEDURES: The Public Works
Street Supervisor shall establish procedures for regular sidewalk inspection to include:
A. An Initial City wide sidewalk survey to be completed b [DATE]
B. A schedule for routine sidewalk inspections on a regular basis.
C. Criteria for determining whether a particular sidewalk condition is in need of
replacement or repair.
D. Sidewalks shall be inspected prior to issuance of a certificate of occupancy
related to a building permit for a new principal building or accessory building
upon a property.
E. If the Public Works Street Supervisor finds that a sidewalk is unsafe, defective or
in need of repairs, they shall cause a notice to be served upon the abutting
property owner of record and resident aria U.S. Mail stating that the City will
undertake repairs or replacement of the sidewalk with costs to be assessed to
the property.
04.08.05. SIDEWALK REPAID. AND REPLACEMENT:
., Upon completion of the initial sidewalk survey, the Public Works Street
Supervisor shall establish a repair and replacement schedule, which is subject to
modification based both on sidewalk conditions and the availability of resources
for sidewalk repair and replacement.
B. The sidewalk replacement and repair schedule ill:
Divide the City into sections or otherwise prioritize replacement of the
sidewalks identified as needing replacement or repair so all sidewalks
identified in the initial sidewalk survey as needing replacement or repair
are replaced or repaired by DATE].
2. Tae into consideration and weigh the following factors:
a. Sidewalk location and amount of pedestrian traffic.
b. Proximity of sidewalk identified as needing replacement or repair to
other sidewalks also needing replacement or repair.
C. The nature and severity of the condition needing replacement or
repair.
d. The City's budget for replacement or repair of sidewalks.
e. Whether, or to what extent, the cost of repair can be recovered
from adjacent property owners.
f. Availability of employees, equipment, and other resources for
sidewalk replacement or repair.
g. Public safety.
h. History of prior accidents or complaints.
i. Schedules of independent contractors and work necessary to
prepare bids and bid specifications if work is to be performed by
independent contractors.
C. A sidewalk shall be deemed defective and repaired or replaced at the direction of
the Public Works Streets Supervisor when any of the following conditions are
found to exist;
. Vertical separation of more than one inch.
2. Horizontal separation of more than one 1inch.
3. Holes or depressions of three 3 inches or more in diameter and more
than one 1 inch in depth.
. Spalling over fifty 50percent of a single panel of the side walk with one
(1) or more depressions of more than one 1inch.
5. A single panel of sidewalk cracked in such a manner that no part has a
piece great than one square foot or is cracked in such a manner that it
constitutes a potential danger to the public.
6. A sidewalk with any part missing to the full depth of the panel.
3
. A deviation on the staked and constructed grade of one-half (1/2) inch or
more as to any sidewalk newly constructed.
04,08,06: SIDEWALK ALK M INT I ICE;
A. City employees will be responsible for removing snow, icer dirt, rubbish or other
obstructions from sidewalks that abut City -owned properties.
B. Adjacent property owners, including other public entities, are responsible for
removing snow, ice, dirt, rubbish or other obstructions from sidewalks that abut
their property in accordance with Section 5-7-2 of the City Code.
04.08.07: STREET ACCESSES:
A. Maintenance, repair and/or replacement of street accesses within the public
right-of-way shall be the responsibility of the owner of the property for which the
driveway provides access to.
B. The Public Works Streets Supervisor shall have the authority to prescribe the
,manner and extent of or repairs or replacement to street accesses when it is
determined by them that the condition of the driveway is a potential danger to the
public.
C. The property owner shall be given notice to repair or replace the street access in
accordance with the specifications of the Engineering Manual within thirty(30)
days.
D. If after 3 days the property owner has not taken action to repair or replace the
defective street access, the City may initiate action to complete the work deemed
necessary by the Public Works Streets Supervisor to restore the street access
with all costs to be billed to the property owner, and if unpaid, assessed to the
property in accordance with the City Code and City -policy.
04-08,.08: AMENDMENTS:
A. The City Council may mend this policy at any time. Modifications of the policy
shall be effective on the date said modifications are approved by City council
resolution.
B. The policy will be reviewed periodically by City staff, the Parks and Recreation
Commission and/or City Council. The City Clerk will keep on file comments and
complaints received regarding this policy. Any review will consider comments
and complaints since the last review and any other factors affecting the policy or
its implementation.
RESOLUTION NO.: 2013,,32
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION APPROVING A POLICY REGARDING PUBLIC SIDEWALKS.
WHEREAS, the City has required (and continues to require) installation ofpublic
sidewalks s within the public right-of-way or public easements for new developments,
which vary in age and in quality of condition. Not every mere inequality or irregularity in
the surface of the sidewalk rises to the level of a defect. The City recognizes that some
sidewalk conditions create unreasonable hazards for pedestrians and other sidewalk
users; and,
WHEREAS, the City has limited employee and financial resources and cannot
reasonably replace all sidewalks needing replacement or repair in the same year the
sidewalk is identified as needing replacement and repair. Sidewalk replacement and
repair can be costly. Comprehensive sidewalk surveys are expensive and require the
use of limited city personnel and other resources. Under appropriate circumstances,
some or all of the cost of sidewalk replacement may be passed to the adjacent property
owner; and,
IIHEF E. s, the City and its Public Works Department must exercise both
discretion and professional judgment in determining whether and when sidewalks need
to be replaced or repaired. The City expects that its agents, employees, and City
officials will exercise discretion in identifying conditions requiring replacement and
repair, in the scheduling of replacement and repair and in establishing priorities for
replacement and repair; and,
WHEREAS, City staff drafted a policy related to sidewalk maintenance, repair
and replacement that is in addition to requirements established by the City Code and
other City policies regarding this matter; and,
WHEREAS, S, the Public Works Subcommittee at their meeting on May 29, 2013
reviewed the proposed policy and recommends its approval; and,
NOW, THEREFORE E BE IT RESOLVED by the City Council of the City of Otsego
that the policy regarding public sidewalks attached as Exhibit A is hereby adopted.
MOTION BY:
SECOND Y.
ALL IN FAVOR.
THOSE OPPOSED:
ADOPTED by the City Council of the city of Otsego this '1 th day of June,
2013,
CITY of OTSEGO
Jessica L. Stockam, Mayor
ATTEST:
Tami Loff, City Clerk