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E/1. Council Approval - Claremont SidewalkREPORT 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: Claremont Sidewalk Proposal MEETING DATE: March 5, 2001 BACKGROUND: Attached is a memo dated November 14, 2000 to Jim Hansz from the City's Project Manager, Fred Zavodny. The memo details Fred's work over the past eighteen months regarding sidewalks along Claremont Street. Based on his work with the neighborhood, I am recommending the City order in sidewalks under our sidewalk and curb assessment program. After construction is completed, the property owners will receive an invoice for their share of the project based on lineal foot frontage. At that time, the property owners may pay the invoice in full or choose to pay the cost on an eight (8) year assessment. The assessment program is a budgeted item and borrows money from the Sewer fund at prime rate. The following is an estimate of costs associated with the project. OWNER FRONT FOOTAGE ESTIMATED COST Kalispell Regional Hospital 275 $5,500.00 Northwest Professional Center Condominiums 259 $5,180.00 Van Kirke Nelson, M.D. 132 $2,640.00 Outpatient Surgical Center 208 $4,160.00 Gabriel Perjessy, M.D. 91 $1,820.00 Harvey Swanson, M.D. 175 $3,500.00 Great Northern Medical Facilities 80 $1,600.00 Highland Park Professional Subdivision Common Area 63 $1,260.00 Immanual Lutheran Corporation 1,340 $26,800.00 City of Kalispell Misc. $4,000.00 Total Estimated Costs $56,460.00 Page 1 of 2 RECOMMENDATION: The City Council order installation of sidewalks on Claremont Street and authorize the staff to move ahead with the project. FISCAL EFFECTS: The total cost of the project is estimated at $56,460. It is unknown how many property owners will utilize our Sidewalk and Curb Assessment Fund. ALTERNATIVES: As suggested by the Council. Respectfully subbmmitttted, / Chris A. Kukulski City Manager Report compiled March 2, 2001 Page 2 of 2 MEMORANDUM Date: November 14, 2000 To: James Hansz, Director of Public Works From: Fred Zavodny, Project Manager Re: Claremont Street Sidewalks - Uptrate Approximately eighteen months ago the Public Works Department was contacted by the residents of Buffalo Hill Terrace regarding the need for sidewalks on Claremont Street. The Immanuel Lutheran Corporation owns both the Immanuel Lutheran Home and the Buffalo Hill Terrace complex both of which have considerable frontage on Claremont Street. A number of the residents walk for exercise as well as to and from Medical Arts Pharmacy, doctors offices and the hospital facilities. Since there are no sidewalks on Claremont Street individuals are forced to walk in the roadway. Dick Amerman and I have attended several meetings on this subject at Buffalo Hill Terrace. All property owners with frontage on Claremont Street were invited to attend an informational meeting at Buffalo Terrace held on the evening of September 7, 1999. One property owner attended and another sent a representative to the meeting. Recognizing that many of the property owners might be too busy to attend a meeting, it was decided to send follow up letters including information and costs specific to each property. I received several inquiries over the following couple of months which prompted me to compile a list of common questions and answers and send them to all of the property owners. In response to continued requests for additional information another informational meeting was scheduled for the evening of June 14, 2000. Four property owners not necessarily in favor of the project attended the meeting. By the end of the meeting they were supportive of the project. Everyone agreed that parking on Claremont Street would have to be eliminated in order to make the sidewalk system safe. Parking is permitted only on the east side of the street. Their main concern was the elimination of approximately 20 parking spaces on Claremont Street. An alternate parking location for these vehicles will be explored — possibly on Bountiful Drive. An informal postcard survey conducted by Immanuel Lutheran indicated that the majority of the property owners were in favor of the project. In an attempt to follow up on the survey I found that it is nearly impossible to directly contact property owners. For example the Northwest Professional Building is a professional condominium with approximately 12 units. Despite considerable effort I have spoken with very few of the tenants. I am left with the impression that many of the professionals are simply too busy to devote time to this issue. This is a very worthwhile project. The public works department cannot afford to devote any additional time to this project until the City Council pledges its support for the project. Given the difficulty of attempting to interact with every property owner to obtain written support I recommend that the City Council order the construction of sidewalks on Claremont Street as provided in section 24-21 of the Kalispell City Code. The project as proposed will satisfy the essential needs of the neighborhood. In the best interest of the neighborhood the project should stand alone and not be expanded to include additional improvements. CLAREMONT STREET SIDEWALK PROJECT QUESTIONS ASKED BY ADJACENT LANDOWNERS Why are sidewalks being proposed for both sides of Claremont Street? Sidewalks are being proposed for both sides of Claremont Street because medical and professional offices and corporations are located on both sides of the street. The absence of sidewalks is requiring pedestrians to travel in the roadway. This is a hazard to themselves as well as motorists. Please refer to the attached memorandum and photographs for additional information. What impact will the installation of sidewalks have on existing landscaping.irrigation systems and trees? The Claremont St. right-of-way extends approximately 12 feet behind the curbing on both sides of the street. Various types of landscaping including rockwork, trees, shrubs, sod and irrigation systems are within this area. It is our intent to perpetuate the existing features to the fullest extent possible. Trees and shrubs that conflict with the sidewalk will be trimmed or relocated to another area. Irrigation systems will modified as required to maintain proper coverage. Will parking be eliminated on Claremont Street? The Public Works Department will recommend that parking be eliminated on Claremont St. The new sidewalks will be installed adjacent to the existing curbing. In order to safely maintain pedestrian visibility and eliminate conflicts with vehicles, parking should be eliminated. Will the installation of sidewalks impose additional expense for maintenance and snow removal as well as create a liability issue for adjacent landowners? It is the responsibility of the property owner to keep the sidewalks adjacent to their property free from ice and snow. The degree of liability would be consistent with the liability assumed by existing businesses and residents of Kalispell that have sidewalks adjacent to their property. Are the sidewalks being installed for the use of a select few? The concept for the installation of sidewalks on Claremont St.originated with the residents of Buffalo Hill Terrace. The increased development on the hill has highlighted the need for a safe system of pedestrian travel. The City Council recently voiced their support for sidewalks on the hill. The saying "Build it and they will come" is appropriate. What is the City contributing to the Qroject? The City is contributing engineering, design, bidding, inspection, contract administration, curbing modifications for handicapped access, crosswalks and crosswalk signage. The value of these contributions amounts to $ 8500.00. Normally these costs are the responsibility of the property owners within the improvement area. Claremont Street Photographs Photograph Date: November 4, 1999 PHOTO 1 PHOTO 2 By: Dick Amerman, P.E. Assistant City Engineer of Post Offlce Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758 MEMORANDUM February 6, 2001 To: Chris Kukulski, City Manager From: Jim Hansz, Director of Public W rks Subject: Claremont Street Sidewalk Project Fred has looked at previous occasions when the council has ordered construction of sidewalks for guidance on how next to proceed. His research has revealed that past councils have issued a simple declaration generally worded like the one attached. Fred says there is strong interest by the Lutheran Home people to speak in support of the project, but they would appreciate about ten days notice so they can put it into their schedule. This would indicate that having the item on the March 5`h agenda is probably the soonest for it to appear. Please pass this onto Glen's office for his review and with our request to place the item into the correct form (resolution?) for action by the council. If any question arise in my absence, please direct them to Fred. MEMORANDUM To: Fred Zavodny Project Manager From: Dick Amerman Assistant City Engineer Date: December 14, 1999 Re: Proposed Sidewalks on Claremont Street A question has been raised concerning the need for sidewalks on both sides of the street. It is the opinion of the writer that as long as there are services and hence people on both sides of the street, then there is a need for corresponding sidewalks. The City's Standards for Design and Construction adopted April, 1996 and the Subdivision Regulations adopted in May, 1996 both require that sidewalks be installed on both sides of streets in residential and commercial subdivisions. This requirement not only applies to new developments, but to improvement districts as well. The above notwithstanding, the issue is one of safety. Sidewalks are for pedestrian use, and hence, are a safety feature of any developed area. Obviously a street with a sidewalk on both sides is safer than a street with a sidewalk on one side only. The attached photographs were taken by the writer on November 4, 1999. The elderly gentleman with the walker had traveled from Buffalo Hill Terrace to the Medical Arts Pharmacy on Conway Drive and was returning. He made the entire trip in the street and without the benefit of a sidewalk. It can be seen from the photos that he is actually in the southbound vehicle lane. In Photo 1, the bus has to move into the northbound lane to pass him. Attachment: Photographs Post Office Box 1997 • Kalispell, Montana 59903-1997 Telephone (406) 758-7700 • FAX (406) 758-7758 NOTICE ORDERING THE CONSTRUCTION OF SIDEWALKS In accordance with Section 24-21 of the City Code of Kalispell, Montana concrete sidewalks in accordance with the Standards and General Provisions for Design and Construction shall be constructed on the East and West sides of Claremont Street between Crestline Avenue and Conway Drive. 24-21 24-23 • 24-21: CITY COUNCIL TO ORDER CONSTRUCTION; CONTENTS OF ORDER GENERALLY: Whenever in the judgment of the City Council a sidewalk or curb shall be constructed in front of any lot or parcel of land within the City it shall, by majority vote, order the construction of the same. The order shall be entered upon the minutes of the Council, shall name the street or avenue along which such sidewalk or curb is to be constructed and shall specify the general character of material of which such sidewalk or curb shall be constructed. (R.O. 1947 § 182) • 24-22: CITY COUNCIL TO ORDER CONSTRUCTION; NOTICE TO ABUTTING OWNER TO CONSTRUCT; CONTENTS: After the order as provided in Section 24-21 of this Article has been duly entered, the City Clerk shall cause to be published in one issue of a paper published in the City a notice that the City Council has ordered the construction of a sidewalk or curb, giving the description of the lot or parcel of land in front of which a sidewalk or curb is ordered constructed, and the name of the street or avenue in which such sidewalk or curb is to be constructed. The notice shall state that if the owners or agents of the owners or lots or parcels of land in front of which such sidewalks or curbs have been ordered constructed shall fail, for a period of thirty (30) days after the date of the publication of such a notice, to cause such sidewalks or curbs to be • constructed, the City will cause such sidewalk or curbs to be constructed and will assess the cost thereof against the property in front of which the same is constructed. On or before the second day following the date of publication of such notice, the City Clerk shall mail a copy thereof to the owner or agent of the owner of each lot or parcel of land in front of which a sidewalk or curb has been ordered constructed as specified in such notice. (R.O. 1947 § 183) 24-23: CITY COUNCIL TO ORDER CONSTRUCTION; WORK DONE BY CONTRACTOR UPON FAILURE TO COMPLY WITH NOTICE: If the owner or agent of the owner of any lot or parcel of land in front of which any sidewalk or curb shall be ordered constructed • shall fail or neglect, during such period of thirty (30) days, to construct such sidewalk or curb, the City Council may cause the same to be constructed by the letting of a contract for the construction thereof to the lowest responsive bidder, after advertising for bids for the construction thereof. If the construction of such sidewalks or curbs is done by contract, the advertisement for bids and contract may be for sidewalks or curbs in front of one or more lots or parcels of land as the Council shall determine. All sidewalks and curbs in the City shall be constructed in accordance with the • City of Kalispell 24-23 24-26 standards and general provisions for design and construction, as adopted • by the City Council. (R.O. 1947 §§ 184-186; amd. Ord. 1003 § 2) 24-24: REP BY ORD. 1003: 24-25: CITY COUNCIL TO ORDER CONSTRUCTION; INSPECTIONS; UNSATISFACTORY WORK OR MATERIAL: A. Supervision; Inspection: All work constructed under this Article or • rules or regulations authorized hereunder shall be subject to rigid supervision by the City Council, or its authorized representative, and before the rendering of any estimate for the payment of such work, all walks and crossings shall be carefully inspected and sounded by the City Engineer for defects and any hollow or otherwise defective blocks or work shall be cut up and replaced by the contractor at his own cost. B. Condemned Material: Material that has been delivered in connection with the provisions of this Article and condemned as not complying with this Article shall be removed therefrom within forty eight (48) hours after having been condemned. Defective work or material may • be condemned at any time, either before or within three (3) years from the date of acceptance of work by the City Council. When such work has been condemned, it shall, within ten (10) days of time of condemnation by the City Council, be removed and replaced by the contractor in accordance with this Article or the rules or regulations authorized hereunder. (R.O. 1947 § 175; amd. Ord. 846 § 1) 24-26: CITY COUNCIL TO ORDER CONSTRUCTION; ASSESSMENT OF COSTS GENERALLY; TIME ALLOWED FOR PAYMENTS; PAYMENT BY PROPERTY OWNER: A. Assessment: The cost and expense of the construction of any • sidewalk or curb caused to be constructed by the City Council under the provisions of this Article shall be assessed against the lot or parcel of land in front of which such sidewalk or curb is constructed. Such costs and expenses shall include a reasonable sum to cover the City's costs and charges of administration hereof; such sum shall be set by the City Council annually on either a square foot, lineal foot or percentage basis and same shall be included in the notice provided for by Section 24-22 of this Article. • City of Kalispell 24-26 24-28 • B. Term Of Payments: The payment of assessments to defray the cost of construction of sidewalks or curbs constructed under the provisions of this Article shall be spread over a term of no more than eight (8) years unless the Council shall order a shorter period, but full payment may not be required for a term of less than five (5) years. Such payments shall be made in equal annual installments and payments of interest shall be made on January 1 of each year. C. Collection; Interest: The City Treasurer shall collect the special assessment or tax levied by the City Council under the provisions of • this Article with interest as herein provided, such interest to run from the date of the registry of the warrant, and the City Treasurer shall at any time permit the owner of any property assessed for sidewalk or curb under the provisions of this Article, to pay the cost and expenses of construction with interest to the date of payment. (R.O. 1947 §§ 188, 193, 194; amd. Ord. 846 § 2) 24-27: CITY COUNCIL TO ORDER CONSTRUCTION; SPECIAL FUND; PURPOSE: There is hereby created a fund to be known as the Special Sidewalk and Curb Fund, in which Fund shall be kept all assessments and taxes collected pursuant to the resolutions levying an • assessment and tax referred to in Section 24-29 of this Article, which Fund shall be expended by the City Treasurer for the purpose of paying warrants issued thereon, whenever such Fund is sufficient to pay any such warrants. (R.O. 1947 § 190) 24-28: CITY COUNCIL TO ORDER CONSTRUCTION; PAYMENT BY SPECIAL WARRANT; FORM OF WARRANT AND COUPONS: A. Warrant; Form: Payments for the construction of sidewalks or curbs constructed under the provisions of this Article shall be made by special warrants drawn against the Special Sidewalk and Curb Fund, • which warrants shall bear interest at a rate as provided by the Council, but at no greater rate than is allowed by the laws of the State, payable annually and the Council, when it passes and adopts a resolution levying the assessment and tax under the provisions of this Article, shall provide therein for the payment of the interest. Such warrants shall be substantially in the following form: City of Kalispell of Kalis Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758 MEMORANDUM November 14, 2000 To: Chris Kukulski, City Manager From: Jim Hausz, Director of Public Subject: Claremont Sidewalk - Status Fred has prepared the attached information about the Claremont sidewalk project. I agree with his recommendation that the cleanest way to get this project moving forward is for the City Council to order in the sidewalk.