HomeMy WebLinkAbout5.B.3. Sidewalk and Trail Inspection, Replacement and Maintenance Policy-Res. No. 6906
CITY OF SHAKOPEE 5.6.3.
MEMORANDUM
TO: Mayor & City Council
Mark McNeill, City Administrator
Bruce Loney, Public Works Director COt"~P~UT
FROM: Michael Hullander, Public Works Superintendent '.1~tJ~'
DATE: May 19,2009
SUBJECT: Sidewalk and Trail Inspection, Replacement and Maintenance Policy.
INTRODUCTION:
Staff has presented council with a draft sidewalk and trail inspection, replacement and maintenance policy at a
previous council workshop. Staff is recommending that city council now adopt the policy by resolution; and,
delete the policy contained in the city code by adopting an ordinance repealing the appropriate section.
BACKGROUND:
Staff has reviewed the draft sidewalk and trail inspection, replacement & maintenance policy from the League
of Minnesota Cities and other various municipalities's to draft a policy for the City of Shakopee.
The adoption of various policies is critical to set uniform criteria for maintenance activities to protect the city
from liability issues that may arise due to defective infrastructure and maintenance procedures. This policy sets
the criteria for inspections, replacement and maintenance as they relate to the 75 miles of sidewalk and 50 miles
of trails located throughout the city. The new policy is more complete than that contained in the ordinance and
the city customarily adopts policies by resolution.
ALTERNATIVES:
1. Adopt the ordinance and resolution as drafted.
2. Table for additional information.
RECOMMENDATION:
Staff Recommends Alternative Number One.
ACTION REOUESTED:
1. Offer Ordinance No. 821, Fourth Series, an Ordinance ofthe City of Shako pee Repealing Section 7.16,
Sidewalk Inspection, Repair and Replacement Policy, and move its adoption.
2. Offer Resolution Number 6906, a Resolution Adopting a Sidewalk and Trail Inspection, Replacement
and Maintenance Policy, and move its adoption.
~~
Public Works Superintendent
ORDINANCE NO. 821, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE REPEALING
SECTION 7.16, SIDEWALK INSPECTION, REPAIR AND REPLACEMENT POLICY
THE CITY COUNCIL, OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1. City Code Sec. 7.16, Sidewalk Inspection, Repair and Replacement Policy, is
hereby repealed in its entirety.
Section 2. Effective Date. This ordinance shall become effective from and after its
passage and publication.
Adopted in session of the City Council of the City of Shakopee,
Minnesota held this day of ,2009.
.Mayor of the City of Shakopee
ATTEST:
City Clerk
Published in the Shakopee Valley News on the day of , 2009.
RESOLUTION NO. 6906
A RESOLUTION ADOPTING A SIDEWALK AND TRAIL
INSPECTION, REPLACEMENT AND MAINTENANCE POLICY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA, that the Sidewalk and Trail Inspection, Replacement and Maintenance Policy,
dated May 19, 2009, attached hereto and made a part hereof, is hereby adopted.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of ,2009.
Mayor ofthe City of Shakopee
ATTEST:
City Clerk
City of Sha kopee
SIDEWALK AND TRAil INSPECTION. REPLACEMENT & MAINTENANCE POLICY
INTRODUCTION
The City of Shakopee, as of 2008, has approximately 75 miles of public sidewalks and 50 miles of trails.
City sidewalks and trails may vary in age and in quality of condition. The City recognizes that some
conditions can create unreasonable hazards for pedestrians and other users, but not every condition or
irregularity in the surface of the sidewalk and trail rises to the level of a defect.
This policy is to, provide uniform criteria for sidewalk and trail inspections, replacement, and
maintenance to ensure safe walking and bicycling throughout the community. The City believes it is in
the best interest of residents to provide uniform criteria in order to maintain pedestrian and bicycle
infrastructure in a fiscally responsible manner. This policy outlines the responsibility within the Public
Works Department in order to accomplish this goal.
PROCEDURES AND RESPONSIBILITY
1. The Public Works Department has developed an annual inspection program to inventory
defective sidewalks and trails. The City has been divided into three zones and each year a
different zone shall be inspected. In addition to zonal repairs, a list of sidewalk and trail
complaints shall be maintained and those defects shall also be repaired, whether in the zone
or outside the zone.
2. The Public Works Department shall determine which sidewalks and trails are defective and
in need of repair, preventive maintenance or replacement. Priority shall be given to areas of
high pedestrian volume such as the downtown business district, schools, recreation
facilities, major commercial areas, and along roadways exceeding 1000 vehicles per day.
The following criteria shall be used as guidelines determining defective sidewalks and trails:
a. Vertical deflections of over %" identified during inspections have the highest priority for
repairs, considering budget, staffing and time constraints the City shall have these
identified locations repaired or replaced during the next repair project.
b. Vertical deflections between W' and %" identified during inspections are reviewed for
inclusion in future repair projects. These locations shall be included using interim repair
procedures.
c. Vertical deflections of less than W' will not generally be included in inspection reports
unless there is a potential for exceeding these criteria' in the near future.
d. Horizontal deflections, spalled, cracked or sidewalks and trails with other hazards will be
analyzed on a case by case basis.
e. Interim repair procedures such as grinding, bituminous patching, mud and sand jacking,
etc. may be used in any situation to improve the safety of the sidewalk and trail before
being repaired. These interim repairs are prioritized based on available resources which
include staff time, funding, etc.
f. Trail preventive maintenance shall consist of sealcoating, crack-sealing, patching and
bituminous over-lays.
SIDEWALK REMOVAL
Sidewalks in disrepair that do not connect to other significant sidewalks and are not on routes identified
by the City may be removed and the right-of-way restored to turf.
I=UNDING FOR SIDEWALK AND TRAIL REPAIR OR REPLACEMENT
1. Major Repair or Replacement: Major repairs or replacement shall be jointly funded, as per
the City's Current Assessment Policy at the time of replacement, unless the sidewalk is
located on a collector or arterial street. If it is located on such a street it shall be funded
100% by the City. Trails are 100% funded by the City.
z. Removal, Maintenance and Minor Repair Cost: The costs of sidewalk removal,
maintenance and minor repairs within rights-of-way will generally be paid for in the
following manner:
a. Maintenance and minor repairs in general shall be completed at the cost of the City.
Maintenance and minor repairs include the intermittent replacement or repair of single
panels or other improvements in which the cost of assessing is determined to be too
high. This work is done at the discretion of the City, which maintains the right to assess
for repairs.
b. Maintenance and minor repairs done for safety reasons, which exceed 33% of the
sidewalk frontage area of an adjacent property, may be assessed to the property
owner using the criteria for major repair or replacement.
c. The cost of removing sidewalks, rough grading the area, and providing topsoil and seed
is generally an expense of the City. The cost of completing the restoration in the
disturbed areas, including turf is generally the property owner's.
d. If the City determines that the sidewalk was damaged through activities or negligence
by the adjacent property owner; the entire cost of repairs will be billed to the adjacent
property owner. Any unpaid bills will be assessed to the property.
SNOW REMOVAL
City employees will be responsible for removing snow from designated trails and also sidewalks that
abut city-owned buildings, parks or parking lots. Adjacent property owners, including other public
entities, are responsible for removing snow from sidewalks adjacent to their property (see City
ordinance Sec.7.04, Subd. 1). There are certain sidewalks identified by the City which may receive some
snow removal services from City staff and equipment. These services are provided at the City's
discretion and may be modified by City Council at any time.
REVIEW AND MODIFICATION OF POLICY
The City Council may modify or clarify this policy at any time. Where the City Council has delegated
responsibility or authority to any City official for development or implementation of any portion of this
policy, that official shall have full authority to modify that portion ofthe policy at any time.
REVIEW OF POLICY
The Public Works Department will keep on file comments and complaints received regarding this policy.
The policy will be reviewed periodically. Any review will consider comments and complaints since the
last review and any other factors affecting the policy or its implementation.
EFFECTIVE DATE OF POLICY
This policy shall be effective as of May 19th, 2009. Modifications of the policy shall be effective on the
date said modifications are approved by City Council resolution.
S7.16
SEC. 7.12. LOAD LIMITS.
The City Engineer may, from time to time, impose upon vehicular traffic on any part or all of the streets such
load limits as may be necessary or desirable. Such limits, and the specific extent or weight to which loads
are limited, shall be clearly and legibly sign-posted thereon. It is unlawful for any person to operate a vehicle
on any street in violation of the limitation so posted. (Ord. 1, April 1, 1978)
SEC.7.13. REQUIREMENT OF SEWER AND WATER MAIN SERVICE LATERAL INSTALLATION.
Subd. 1. Requirement of Sewer and Water Laterals. No petition for the improvement of a street shall be
considered by the Council if such petition contemplates constructing therein any part of a pavement or
stabilized base, or curb and gutter, unless all sewer and water main installations shall have been made
therein, including the installation of service laterals to the curb, if the area along such street will be served by
such utilities installed in the street unless the installation of utilities is not practicable at that time.
Subd. 2. Sewer System Service and Water Main Service Laterals. No sewer system shall be hereafter
constructed or extended unless service laterals to platted lots and frontage facing thereon shall be extended
simultaneously with construction of mains.
Subd. 3. Waiver. The Council may waive the requirements of this Section if it finds the effects thereof are
impractical and, at its option, upon such notice and hearing as the Council may deem necessary or proper.
(Ord. 1, April 1 , 1978)
SEC. 7.14. STREETS INTERSECTED BY RAILROADS.
At all intersections of streets and railroads, the owner of the railroad shall be responsible for planking or
otherwise surfacing the space between track of the railroad in such a way as to place it on the same grade or
level as the abutting grade or level of the street and to the full width of such street. (Ord. 1, April 1, 1978)
SEC.7.15. RAILROAD GRADES.
No railroad grade shall, whether it be by raising or lowering the same, be made without a permit in writing
from the City. (Ord. 1, April 1 , 1978) <.
~ SEC. 7.16. SIDEWALK INSPECTION, REPAIR AND REPLACEMENT POLICY.
Subd. 1. Inventory of Defective Sidewalks.
A. The Engineering Department shall develop an annual inspection program to inventory
defective sidewalks. The City shall be divided into zones and each year a different zone
shall be inspected.
B. In addition to zonal repairs, a list of sidewalk complaints shall be maintained and those
deficiencies shal! also be repaired, whether in the zone or outside of the zone.
C. The City Engineer shall determine which sidewalks are defective and in need of repair or
replacement. In general, any defect in the sidewalk will justify repairs but the following
criteria will be used as guidelines determining defective sidewalks:
1. Sidewalks that pond water or ice.
2. Sidewalks that are cracked and heaved greater than 1/2 inch.
page revised in 2007 719
~7.16
3. Spalled Sidewalks - Sidewalks that have developed numerous holes and pockets \
due to the aggregate chipping off.
4. Cracked sidewalks.
5. Sidewalks that have developed other hazards such as tree roots, water valves, etc.
D. The brick pavers downtown will be included in the sidewalk inspection and repair program.
E. All defective sidewalks within each zone or received by complaints shall be repaired or
replaced during the current year in which listed.
F; Inspection of any sidewalk repairs or replacements shall conform to the requirements of
Section 7.06.
Subd. 2. Permit Reauired. No repair or replacement by the owner or occupants of the premises shall be
made on or to any sidewalk without first obtaining a permit to work in the public right-of-way provided in
Section 7.07 for the road.
Subd. 3. FundinQ for Sidewalk Repairs.
A. If the sidewalk is less than five (5) years old:
1. If installed under City contract, it shall be replaced at no expense to the property
owner.
2. If installed by the property owner, it shall be replaced at the property owner's
expense. ,-
\
B. If the sidewalk is older than five (5) years, it shall be jointly funded, 50% by the City and 50%
by property owner, unless the sidewalk is located on a collector or arterial street. It it is
located on such a street, the sidewalk will be funded 100% by the City.
C. If the sidewalk is damaged by the property owner or occupant of the property, the property
owner shall pay 100% of the replacement cost, regardless of the age ot the sidewalk or who
installed it. (Ord. 270, August 25. 1989; Ord. 337, July 23, 1992; Ord. 368, January 13,
1994 )
SEC. 7.17. RIGHT-OF-WAY MANAGEMENT. (Added, Ord. 570, August 24,2000)
Subd. 1. FindinQS. Purpose. and Intent To provide for the health, safety and welfare of its citizens, and to
ensure the integrity of its streets and the appropriate use of the rights-ot-way, the City strives to keep its
rights-of-way in a state of good repair and free from unnecessary encumbrances.
Accordingly, the City enacts this new Section of this code relating to right-of-way permits and
administration. This Section imposes reasonable regulation on the placement and maintenance of
facilities and equipment currently within the City's rights-ot-way or to be placed therein at some future time.
It is intended to complement the regulatory roles of state and federal agencies. Under this Section,
persons excavating and obstructing the rights-ot-way will bear financial responsibility for their work through
the recovery ot out-ot-pocket and projected costs from persons using the public rights-of-way.
page revised in 2007
720