CR 92-152 Sidewalk Repair
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July 14, 1992 i : ,W':P~;;;~~ Council Report: 92-152
1992 Sidewalk Repair
Order Public Hearing
Prooosed Action.
Staff recommends the following motion: "Move that Council
addot Resolution 92-62. Resolution Orderina a Public
Hearina Concernina Reoair of PublicSidewalk~~
Overview.
council at its April 21 meeting approved Legislative Policy
#8-G, the Sidewalk Repair and Maintenance POlicy. Since
that time the Engineering Department has conducted a
complete survey of public sidewalks within Zone 1 (all of
northwest Hopkins bounded by 2nd st. North on ,the south and
5th Ave./Oakridge Rd. on the east) and sent repair notices
to residents in non-compliance. Residents were requested to
respond on a city form with their chosen option to carry out
repairs:
. a) make their own arrangements with a private
contractor
b) request the City to make the repairs and levy cost
as special assessment '
c) do the work themselves
For those residents who responded and requested the city to
carry out repairs, for those who did not respond at all, and
for those who did not complete the repairs by the July 13
deadline, the city will need to set an improvement hearing
date in accordance with Minnesota Statutes chapter 429.
Staff is now recommending a public hearing to be held.
PrimarY Issues to Consider
0 Have residents had ample time to. comply with policy'
procedures? ,
Residents were given approximately one month to either
do the work themselves or to hire a contractor. Staff
is convinced this is ample time to meet compliance.
0 What is Council's role in implementing the sidewalk
repair policy now that notices have been mailed?
Council first needs to order a public hearing in order
to initiate a public improvement project. Council has
. not received a petition from residents and therefore a
4/5 vote is required to initiate a project or to levy
assessments after repairs are made.
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0 What is staff's recommendation?
staff recommends adoption of Resolution 92-62 which
sets a hearing date for August 4, 1992. '
SUDDortinq Information
0 Legislative Policy #8-G
0 Resolution 92-62
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James Gessele
Engineering Superintendent
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LEGISLATIVE POLICY #8-G
SIDEWALK REPAIR AND MAINTENANCE,
1.. PURP'OSE
1..01. The purpose of this policy is to ensu~e that all sidewalks
along the streets in the City of Hopkins ~re kept and
maintained in a safe condition for use by the public.
2. GENERAL
2.01 This policy relates to repair~ of sidewalks as outlined in
Section 820.07 of the Hopkins City Code. The repair of '
sidewalks outlined in this section are eligible to be assessed
under authorization of Minnesota State Statues Chapter 429.
3. POLICY
3.01. It shall be the policy of the city to inspect sidewalks along
city streets once every four years in accordance with the zones
described in Attachment "A" of this policy. Following sidewalk
inspection, recommendations for repair will be made to the City
. Engineer.
3.02 ' Sidewalks shall be repaired in accordance with Minnesota
Department of Transportation Standard Specifications for
Construction, 1988 Edition, section 2521..
4. RESPONSIBILITY
4.01. It shall be the responsibility of the City Engineering division
to perform sidewalk inspections on.all such sidewalks
designated for inspection during each given year. The City
Engineering division shall keep signed and dated inspection
records indicating areas inspected, problems discovered and
recommendations to the City Engineer.
4.02 Any sidewalk repair recommendation approved by the City
Engineer shall be repaired by and at the expense of the owner
of the premfse abutting the defective sidewalk. On street
corners, repair of sidewalk paltels which are bounded by the
extension of the property lines and the street, but not
directly adjacent to the property, will be paid by the city.
5. PROCEDURES
5.01. By reason of the fact that the following sidewalk conditions
endanger life, limb, and property, they are hereby declared to
,. be nuisances, to wit
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Legislative 'policy Manual
Policy #8-G
. Page 2
a) Any crack fissure, 1/2 inch or greater raise between
panels, hump, uneveness or condition therein of such width,
height, depth or form that pedestrians lawfully using such
walk might catch their shoes, feet, canes, crutches or other
proper implements thereon or therein; or which might cause
pedestrians using such walk to trip, stumble, or fall; or.
which endanger the use of such walks for travel with
wheelchairs, perambulators or similar conveyances.
b) Sags or depressions which are considered hazardous by
the City Engineer.
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c) Accumulations of sod, vegetation or other materials
creating hazardous conditions on such sidewalks, and any
such accumulations'extending more than three (3) inches over
the edge of the sidewalk.
d) Water service valve covers on the sidewalk which are not
flush with the walk.
Any such conditions noted during a sidewalk inspection or
otherwise observed by city employees will be recommended for
repair to the city Engineer.
. 5.02 Complaints regarding sidewalks shall be recorded by city
personnel and permanently filed. Following receipt of a
complaint, the City Engineering division will inspect the
problem area and determine if repairs are necessary under this
policy. Such repairs will then be recommended by the City
Engineer.
5.03 If the city Engineer finds that any sidewalk abutting private
property is unsafe and in need of repairs, he/she shall cause
notice to be served ordering the owner of the property to
correct the condition causing the nuisance within 20 days of
receipt of notice. The notice will also state that if the
repairs are not made within the specified time, the 'city will
complete the repairs at the owners expense, and if unpaid it
will be made a special assessment against the property.
5.04 If such sidewalk is not repaired within the specified time, or
if proof cannot be shown that a contract has been signed to
have the repairs completed, tha city will cause the repairs to
be completed at the owners of such premise expense and will
cause the expense thereof to be assessed against the premise in
accordance with Section 820.07, subd 3. of the Hopkins city
Code.
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SIDEWALK REPAIR ZONES
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. city of Hopkins
Hennepin County, Minnesota
Resolution No. 92-62
WHEREAS, the city Council authorized and directed the
insp~ction of certain public sidewalks for the purpose
of an improvement project to repair or make safe
defective portions of same, and
WHEREAS, the Engineering Department has completed such
inspection and sent mailed notification to all
residents with defective sidewalks, generally in an
area bounded by 2nd st. North on the south and 5th
Ave./Oakridge Rd. on the east,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
,Hopkins, Minnesota:
1- The Council will consider the aforesaid
improvement in accordance with Legislative policy
#8-G, sidewalk Repair and Maintenance, and the
assessment of abutting and non-abutting property
for all or a portion of the cost of the
. improvement pursuant to Minnesota Statutes Chapter
429 at an estimated total, cost of the improvement
of $43,000.
2. A public hearing will be held in the Council
Chambers of the city Hall at 1010 1st Street South
,on Tuesday, the 4th day of August, 1992 at 7:30
P.M. to consider said improvement. The city clerk
shall give mailed and published notice of said
hearing and improvement as required by law~
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HOPKINS,
MINNESOTA, this 21st day of July, 1992.
By:
Nelson W. Berg, Mayor
Attest:
James A. Genellie, city Clerk
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