Resolution 5085B - Requiring That All Substandard Sidewalks Either be Replaced or a Payment Submitted to CityRESOLUTION NO, 5055E
A RESOLUTION TO REQUIRE ALL SIDEWALKS, NOT ACCEPTED BY THE CITY
AND NOT MEETING THE DESIGN AND CONSTRUCTION STANDARDS OF THE
CITY FOR SIDEWALKS, TO EITHER BE REMOVED AND REPLACED WITH
SIDEWALKS THAT Do MEET THESE STANDARDS OR TO ALLOW THE
DEVELOPER TO AGREE TO SUBMIT PAYMENT TO THE CITY TO ADDRESS THE
DEFICIENCY ACCORDING To CERTAIN ENGINEERING SCHEDULES.
WHEREAS, t 's the practice and policy of the City to require the landowner requesting the
subdivision approval from the City to construct requisite public infrastructure
within the subdivision, suet as sidewalks, to meet the design and construction
standards of the City; and
WHEREAS, it is in the best interests or the City and its residents that public infrastructure
within the City, including sidewalks, meet the design and construction standards
of the City; and
WHEREAS, during the 2005 construction season the City conducted core sampling o
sidewalks that had been constructed within subdivisions with final plat approval
and pursuant to subdivision improvement agreements and determined that a
number of these sidewalks failed to meet the design and construction standards o
the City; and
WHEREAS it is also in the best 'interests of the City and its residents that sidewalk
infrastructure not meeting the design and construction standards, but otherwise
with a reasonable useful life, be utilized for its fair dollar value and with
additional payment submitted to the City to address the deficiency so as not to
unreasonably disrupt the residents with the sidewalk on their property.
NOW, THEREFORE., BE IT RESOLVED Y THE CITY COUNCIL of THE CITY of
KALISPELL AS FOLLOWS*
SECTION I. The City of Kalispell small not accept public infrastructure, including
sidewalks, which has been constructed pursuant to the terns of plat
approval and a subdivision improvement agreement that does not meet
the design and construction standards of the City.
SECTION II. Any developer who has constructed a sidewalk that has not been
accepted by the City and for which a bond remains and is shown to be
deficient by core sampling shall either:
a remove and replace the sidewalk so that it does meet the design and
construction standards of the City; or
b forfeit the outstanding; bond; or
c) enter into an agreement with the City in which the developer pays to
the City a nonrefundable e sum pursuant to the attached Schedule "A"' that
represents the dollar value of the deficiency in the sidewalk, with such
sum held by the City to apply toward the repair and replacement of
sidewalks in that particular subdivision in wbich the deficiencies exist.
SECTION 111. The option c given to the developer in this resolution shall apply only
to those deficiencies identified by the City no later than December 3,
2005.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of
THE CITY of KALISPELL, THIS.17TH DAY of JANUARY, 2006.
ATTEST:
....... ..........
Theresa White
City Clerk
SCHEDULE HNI
CONCRETE THICKNESS -- CRUSHED GRAVEL BASE THICKNESS SCORING ING CHANT
CONCRETE THICKNESS
CRUSHED
GRAVEL
AVEL
BASE
THICKNESS
611 11 1 / FF 4f 3 1 flit
Bit
100+
+
100+
+
100+
100+
+
+
+
96.15
1 11
100+
+
+
+
+
93- 9
61
+
+
+
+
100
91.22
fF
100+
+
100+
+
9 -09
86.29
I FS
100+
0+
109
+
92.63
3.33
11
100+
00+
99+
98-97
90.16
1,
3 1 !#
100+
100+
00+
96.51
87.70
.99
'
-
100+
94.04
.23
. 3
1 FF
100+
1+
100+
9.
3.9
21l
9 +
199.
97.91
9,11
80.30
71,50
A CRUSHED GRAVEL BASE THICKNESS OF LESS THAT FF SCONES A'O'FOR THE ENTIRE
AREA AND THAT AREA SHALL BE REPLACED
A CONCRETE CRET THICKNESS OF LESS THAN 3 /2" SCONES A'O'FOR THE ENTIRE AREA
AND THAT AREA SHALL BE REPLACED
INSTRUCTIONS FOR USING SCHEDULE A
. Measure concrete thickness and find on chart.
2. Measure base material thickness and find on chi
3. Read comparative factor.
4. Comparative factor 1s approximate value in percent,, of installed sidewalk
compared to the City standard sidewalk.
. Value deficiency in percent is calculated by subtract -rig the value determined ire
step 3 from 100.
. value payment is determined by multiplying the percent in step 5 by the number
of square feet of defective sidewalk and the current cost for sidewalk. replacement
talen from the most recent City Sidewalk Construction contract approved by the
Kalispell City Council.
EXAMPLE:
5,000 square feet of sidewalk are installed having a concrete thickness of 3.5 inches over
base material thickness of 4 'Inches.
Comparative factor =81-36
Value deficiency = 1.00 — 81.36 = l . 4%
Value Payment =- 5,000 X 1 . 4% X $6.00/sq. W . = $5,592.00
*Current 2005 City Sidewalk Construction Contract replacement cost per square foot.