09. Sidewalk Survey ReportC�1�
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Incorporated 1892
Telephone (406) 758-7700
FAX (406) 758-7758
Post Office Box 1997
Kalispell, Montana
Zip 59903-1997
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To: Mayor & City Council
From: Al Thelen, Interim City Manager
Date: August 9, 1996
Re.: Sidewalk Survey Report
Enclosed is a summary of a windshield sidewalk survey that
Public Works Director, Bob Babb, made several weeks ago with
appropriate cost estimates. Bob's memo shows the history and
practices that the City has used in sidewalk repair and
replacement. As you can see from his memo, the City has been
relatively passive in its actions regarding sidewalk
replacement. The staff has discussed ways to implement an
effective sidewalk replacement program in light of the survey.
Several alternates are available:
A. Inspection of the walks and a determination is
made as to the walks that are unsafe and an order is
issued to the property owner who can have the walks
improved or if they fail to do so, the City will order
the work to be done and finance on a sidewalk
assessment program, over eight years with interest and
Douglas Rauthe
Mayor
Al Thelen
Interim City Manager
City Council
Members:
Gary W. Nystul
Ward I
Cliff Collins
Ward I
Norbert F. Donahue
Ward II
Dale Haarr
Ward II
Jim Atkinson
Ward III
Lauren Granmo
Ward III
Pamela B. Kennedv
Ward IV
M. Duane Larson
Ward IV
Mayor and City Council
Page 2
August 9, 1996
administration costs added. This is the current policy,
but very little replacement is presently accomplished.
The problems with this approach relates to having to
force people to make improvements, and City staff time
consumed on each order. The advantage is that there is
presently a mechanism in place to accomplish the
replacement.
B. The same approach as outlined in A except the City
would pay a portion of the costs (say, one-half).
C. The City would assume the total financial
responsibility for sidewalk replacement. This would
enable the City to expedite the sidewalk replacement
program, and eliminate the individual confrontation with
each property owner and the "order" procedure. The
difficulty is how to finance? The City can use tax
increment funds to replace the walks in that area and it
could be accomplished in one year. The replacements in
the balance of the City could be financed as part of our
street improvement program - say $25,000 a year for five
years to begin with, and approximately $15,000 in
succeeding years. The Public Works Director and I agree
that this use of current level street improvement funds
would not seriously impact that current annual program.
Under this approach, we would have an annual sidewalk
replacement program, similar to our annual street
improvement program.
Mayor and City Council
Page 3
August 9, 1996
I was surprised to find that our insurance carrier has only
paid $21,739 in sidewalk insurance claims since 1990; however, our
potential liability is huge.
Bob's survey also identified the areas in the City that have
no sidewalks. Most cities that I am aware of went through a period
of time after the second World War and the advent of ranch -style
homes when no sidewalks were built. In the 601s, cities began to
change back to requiring sidewalk. Kalispell is similar to this
pattern. We now require sidewalks on both sides of the street. We
will have to catch up, like other cities have done, by ordering in
sidewalks in, around, and leading to schools and parks. Priorities
should be set based on a study and the financing should be tied to
the individual property owner. The report does not attempt to
identify the "blue print" for this issue.
The need for sidewalk replacement is apparent. We should
develop a solution for this problem before we embark on a program
to build new sidewalks where none exist. Current regulations
regarding the installation of sidewalk on both sides of the street
in new subdivisions should be continued. The possibility of using
tax increment funds to replace sidewalk make a review of current
practices and policies appropriate.
TO: Al Thelen,
Interim City Manager
FROM: Robert Babb,
City Engineer VA�
RE: Current Sidewalk Replacement Policy
DATE: July 29, 1996
Al,
In my five (5) years as City Engineer, we have basically
enforced Sec 24-34 (copy enclosed), of the municipal code.
However, I can only recall ordering in one Section of
sidewalk as unsafe. That Section was at the Nurturing
Center on 3rd Ave West North of 2nd Street West. They paid
the cost.
The City purchased a concrete grinder in 1993 and as
complaints are received we grind uneven ridges of sidewalks.
our crews also routinely and systematically grind uneven
sidewalks on a time permission basis. A map is kept of all
grindings at the City Shop.
Since 1991 the City Council has ordered in only a limited
number of sidewalks. All of these sidewalks have been new,
not replacements. The adjacent property owner has paid full
expense. There have also been a few instances that the City
has allowed individual homeowners to replace damaged
sidewalks with either their own contractor or to take
advantage of the City's bid contractor (with an eight -year
tax payoff).
We have averaged 3,000 square feet per year for the last
three years.
I; ME= W.
§ 24-34 Streets and Sidewalks § 24-3e
Sec. 24-34. Repair of unsafe sidewalks or crossings.
Whenever any sidewalk or sidewalk crossing is in unsafe condition for pedes-
trians, it shall be the duty of the city engineer to place a suitable obstruction on
either side of that part of the sidewalk which is in unsafe condition. and notify the
owner or occupant of the abutting property that such a sidewalk must be repaired,
or if the abutting property be unoccupied and the owner cannot be found within the
city, then the city engineer shall post a notice on such property, requiring such
walk to be repaired. If such walk is not properly repaired within twenty-four hours
of the giving of the notice as herein provided, then the city engineer shall report
the facts to the mayor, and the city council may cause such sidewalk to be repaired
by the city.
Any person who takes down or removes, or in any manner interferes with any
obstruction placed on any sidewalk, as provided for in this section shall be punished
as provided in section 1-9.
Any owner, agent, lessee or tenant of property adjacent to any sidewalk which
is unfit or unsafe for public travel may have the same repaired, renewed or cleaned
up by the street department of the city upon application to the city engineer, and
making a cash deposit, with the city engineer.
Upon completion of the work an itemized statement shall be furnished, showing
the full cost of all labor and materials used in such work, and if the deposit be made
in excess of such cost, then the excess shall be refunded; if the amount deposited be
insufficient to pay such cost, then the deficit shall be paid forthwith by the owner,
lessee or tenant of abutting property. (R. O. 1947, § § 197, 202, 204. )
Sec. 24-35. Removal of sidewalks by city.
Where a sidewalk is removed by order of the city council unless the owner of
the abutting property shall take away from the street or avenue the material, of
which such sidewalk is constructed, as the same is removed by the city, then the
city engineer shall dispose of such material to the best advantage and the cost of
the removal of the sidewalk and disposition of the material, less any amount realized
out of the sale of the material, if sold, shall be a tax against the abutting property,
and shall be certified and collected, as herein provided for repairs made to sidewalks
of the city, together with interest and charges of administration, as hereinbefore pro-
vided. (R. O. 1947, § 199. )
Article III. Private Driveways Over Sidewalks in
Central Business District.
Sec. 24-36. Definition of central business district.
Central business district, as used herein, shall be construed to mean and in-
clude that portion of the city included and embraced in No. 4 Business Districts
201
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