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3. Riverview Greens Sidewalk ProposalREPORT 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 Request MEETING DATE: August 27, 2001 BACKGROUND: Attached is a letter from the Riverview Greens Homeowners' Association. The letter request that the City share in the cost of replacing several sections of sidewalks within their neighborhood (50/50). The city currently requires homeowners to pay for 100% of the cost of sidewalk replacement unless they live within one of our Urban Renewal Districts. At one time, several homeowners within the City would request to have their sidewalks replaced, however, since the inception of the URDs those request have fallen off substantially. This construction season we replaced two (2) individual's sidewalks (I was one of the two). The unfortunate reality is that sidewalks, due to their location, are the City's liability. In past years, the judicial system had a one inch rule that basically said if a sidewalk crack or lift created less than a one inch grade change the individual that fell was typically held responsible. This no longer exists and the City can be successfully litigated against for any trip and fall if there is a deficiency in the sidewalk. The average claim in Michigan was $12,000. A 50/50 program to replace sidewalks could greatly reduce the City's liability while providing a quality path for pedestrians to use. Within the current fiscal year budget, Jim Hansz and I have identified $20,000 in gas tax funds that could be used for this purpose. If utilized, this could result in $40,000 in sidewalk replacement within this fiscal year. RECOMMENDATION: The Council direct the staff to develop a comprehensive sidewalk replacement program that splits the cost 50/50 with the property owner FISCAL EFFECTS: The Riverview Greens request would cost the City approx. $3,000. If the City chose to develop a comprehensive 50/50 sidewalk program, the City could expend an additional $20,000 in this fiscal year. ALTERNATIVES: As suggested by the Council. Respectfully submitted, (� Chris A. Kukulski City Manager Report compiled August 23, 2001 Page 1 of 1 RIVERVIEW GREENS HOMEOWNERS' ASSOCIATION 113 Riverview Greens Kalispell, MT 59901 Keith Ori, President Joan Johnston, SeeretarylTreasurer 7/25/01 Mr. Chris Kukulski City Manager Kalispell, MT 59901 Dear Chris: The Riverview Greens Homeowner's Association would like to make a proposal to the City of Kalispell to assist in the repair of the sidewalks in our subdivision. During our last homeowner's association meeting, it was discussed that several sections of sidewalks, are in disrepair and are a hazard to the many pedestrians that walk our neighborhood. Residents of Hillcrest, Buffalo Stage, Fairway Boulevard, and Mission Village often walk this area and with the new bike path, it has brought additional traffic into our neighborhood. I inspected the sidewalks; and approximately 50 sections need replacement. This included some curbs and drains that have sunk and present a very large drop off to the street. I have had some contractors already bid this and I believe we are in the area of $6000. However, I also realize that the city can get this done for much less. Our proposal is to ask the City of Kalispell to split the cost of repair with us. We are very proud of this neighborhood and our taxes are certainly some of the highest in the city. We would appreciate the cooperation of the city in this matter and look forward to your reply. Sincerely, Keith Or ,President Rivervi Greens Homeowners Assoc.