05. Resolution 4737 - 50/50 Sidewalk Replacement ProgramREPORT TO:
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758
Honorable Mayor and City Council
FROM: Chris A. Kukulski, City Manager
SUBJECT: Sidewalk Replacement Program
MEETING DATE: August 5, 2002
BACKGROUND: In recent regional workshops the City's liability insurer (MMIA) has been attempting
to educate communities on the liabilities associated with poorly maintained sidewalks. Several State
Supreme Court cases have concluded that Cities can shift, via ordinances, the day-to-day maintenance of
debris and snow removal, however, the integrity of the sidewalk structure is the responsibility of each City.
In other words, if a sidewalk has heaved as a result of age or tree roots and someone trips and hurts
themselves, the city NOT the adjacent homeowner, is liable for the accident.
Secondly, a quality pedestrian sidewalk system is essential to retaining quality neighborhoods.
Kalispell is blessed with beautiful historic neighborhoods and quality open spaces and we should be
encouraging citizens to utilize these resources. Without doing an exhaustive study of our sidewalk system,
I'm sure all of you can attest to walking on sidewalks that are in desperate need of replacement. These
replacements would increase the quality of our neighborhoods, reduce the City's liability for injury and
ultimately increase individual property values.
Currently, the City allows property owners to pay for sidewalk replacement through an interest
bearing eight year loan which is attached to their tax notice. However, very few property owners utilize the
program. Over the past five years, no more than ten property owners have used this program. Therefore,
I am proposing a 50/50 sidewalk replacement program operated on a first come first serve basis. The 2003
budget includes $50,000 in gas tax dollars to start the program. Each year, the City seeks bids from local
concrete companies for curbs and sidewalks. The 50/50 program will allow property owners to utilize this
competitively bid price to have their sidewalks replaced with the City paying for 50% of the cost. The
property owner will have the option of paying cash for their 50% share or using the City's current loan
program. If citizen response to the program exceeds our budget, we will have a "positive" problem to solve
in future budgets. At that time, we can prioritize sidewalk replacement areas and/or increase the funding
of the program. I would first like to see how the program is received. It should also be noted that this is for
replacement, NOT the installation of new sidewalks. Again, If we are fortunate enough to bring our
sidewalk system into good working order, we can then promote the expansion of our sidewalk system into
neighborhoods where, for whatever reason, sidewalks were never constructed.
RECOMMENDATION: The City Council adopt the attached resolution creating a 50150 sidewalk
replacement program
FISCAL EFFECTS: This years budget includes $50,000 for the program. However the City's liability
associated with the poorly maintained system is extremely high. The average sidewalk claim in Michigan
had risen to over $11,000 per incident when I moved to Montana in 1999. Montana cities have been held
responsible for several expensive claims in recent history.
ALTERNATIVES: As suggested by the Council
Respectfully submitted,
Chris A. Kukulski
City Manager
Report compiled July 31, 2002
RESOLUTION NO.4737
A RESOLUTION AMENDING RESOLUTION 4291, THE ANNUAL SIDEWALK
REPLACEMENT PROGRAM FOR THE CITY OF KALISPELL, BY INSTITUTING A
50150 SIDEWALK REPLACEMENT PROGRAM.
WHEREAS, the City of Kalispell is responsible for the construction and replacement of all
sidewalks within the City, and
WHEREAS, current policy is resulting in insufficient sidewalk replacement, and
WHEREAS, funds exist in the 2003 budget that can be used for replacing public improvements
including sidewalks, and
WHEREAS, the City Council desires to use the funds in the annual Gas Tax Fund program to
create an improvement program for sidewalks in the City, and
WHEREAS, a cost -sharing sidewalk replacement program would encourage replacement of
sidewalks by equally dividing the cost of sidewalk replacement between the property
owner and the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The City will initiate a cost -sharing sidewalk replacement program by
equally dividing the cost of sidewalk replacement between the adjacent property
owner and the City by using $50,000 of Gas Tax monies.
SECTION II. The 2004 Program Funds will be based on available cash and demand
for the program.
SECTION III. The installation of new sidewalks in areas that do not now have
sidewalks will remain the responsibility of the adjacent property owners.
SECTION IV. This resolution will become effective immediately upon its passage
by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 5TH DAY OF AUGUST, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk