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Memo Sidewalk Repair .:;# - ,~~ . CITY OF HOPKINS MEMORANDUM DATE: July 16, 1992 TO: Mayor ahd City Council FROM: Lee Gustafson, Public WorKs Directo~ SUBJECT: Sidewalk Repair Project Issues The intent of this memo is to identify certain issues that council may be confronted with during the pUblic hearing for the sidewalk repair project. The main issue will probably involve the project funding. Staff is hot recommending any ,formal action on these issues, however, it does not preclude Council from taking action. o PROJECT FUNDING - One of the most common questions staff ,is being asked is; "Why is it the residents responsibility to pay for repairs on public sidewalks?". The standard response to this question is that when the city ordinance was established years . ago, it was determined that the property owners gain the most . benefit from adjacent sidewalks, and should therefore be required to maintain them. The city is therefore continuing to follow a policy that has been in place for many years. Staff reported at an earlier Council meeting that it appears from prior law suits that the city liability is less if the city has a sidewalk repair program that requires the property owner to pay 100% of the repair costs. The city's liability exposure is not totally eliminated, but it does appear to be less. Staff further reported that some cities continue to follow this rationale while others such as st. Louis Park pay 100% of the repairs. Staff's opinion on this issue has not changed and continues to recommend that the property owner pay 100% of the repair costs. However, if Council determines there is need to participate in the funding, staff would very strongly recommend that the City pay 100% of the repair costs. The reason for this is that staff spends and enormous amount of time on a project such as this, and could not economically justify spending all this time, and participate in the funding as well. Furthermore, the complaints would still exist regardless of the city's participation. If the city chose to fund 100% of the project, it would require a commitment for approximately $40,000 a year for the next four years and approximately $25,000 per year after the fourth year. ..'" ' These costs only reflect repair costs, and not new sidewalk installations. , -~ __~, ,_ ~C_" ,.. ~... _.,_.., ,_ , _. ..,.. < "'.... _." ...._ , __, ..' ".. ."" _ ,~ ji';; _,'-'4 . 0 BOULEVARD TREE ROOTS - Residents have inquired as to why they should hav~ to pay for a sidewalk repair that is caused by a boulevard tree. They contend that it is a city tree. causing the problem, and therefore the city should pay for it. Staff has responded to this question by stating that boulevard trees usually give significant benefit to adjacent properties, and unfortunately one negative consequence of having a tree is the possibility of it damaging a sidewalk. Furthermore, the city has previously determined that properties benefit from both boulevard tress and sidewalks., and as such, property owners are still responsible for sidewalk maintenance in this situation. o REPAIR REQUIREMENTS - A few residents have stated that our repair definition of 1/2" irregularity is too small and petty. Staff has informed these residents that it is a typical standard with other cities, and that it appears to have been accepted by the legal profession. Some residents are also a little unhappy with our grinding requirements which only allow the city to perform the work, and by having a minimum charge of $30 per property for grinding. These residents have been informed that these irregularities have to be ground correctly in order to meet our repair def ini tion .- requirements. Also, the city feels that if it allowed residents .. to grind their sidewalk in any manner, there would be no quality control. The $30.00 minimum charge was established to cover the minimum cost of going to each individUal grinding site. o PERMIT REQUIREMENTS - Some concerns have been expressed wi th regard to the city's requirement for a repair permit. These residents have been informed that the permit ensures the city is notified of the repair, and that the city inspector inspects the repair to make certain the sidewalk is repaired properly. A minimal fee of $10.00 is charged to help cover our costs. '.' ~..~-, .... -. . -'. ,,' '..,... '.. ' ....