|
|
Public Works Department |
Memo
To: Mike Wildgen, City Manager
CC: Debbie Van Saun, Assistant City Manager
Dave Corliss, Assistant City Manager
From: Charles Soules, Director of Public Works
Date: January 26, 2004
Re: Snow removal on sidewalks
At the City Commission meeting on January 13, 2004, Commissioner Highberger requested information from staff regarding snow removal on sidewalks. Staff understood the information requested to be two-fold:
1) Enforcement of the ordinance regulating snow removal from sidewalks
2) Consideration of the ability of the City to devote resources to snow removal and ice control on sidewalks for key pedestrian routes.
Below, staff has outlined the provisions in the Code, enforcement process, current practices, other cities’ practices, and issues related to snow removal from sidewalks for your consideration.
Code and enforcement
The City Code requires the removal of snow and ice from sidewalks by the adjacent property owner or occupant within 24 hours after the ice forms or the snow quits falling (§16-115, ordinance 7456, published 12-25-01). The Code provides for enforcement through Neighborhood Resources on a complaint basis. The Neighborhood Resources Department identifies the enforcement process after a complaint is received as follows:
1) City identifies property owners through the use of GIS
2) City calls each property owner in the area
3) If possible, City makes an effort to drive by the area to check on the status of the sidewalk and at times, will visit with property owner
4) Letter gets sent out to property owner
5) Failure to remove snow or ice within 5 days after the violation notice, a citation may result
6) Property owners may be assessed a fine of $20 for each day the violation occurs, if found guilty of the violation in municipal court.
In 2002 and 2003, 77 and 132 complaints were received and investigated, respectively. No cases were forwarded to the prosecutor as the snow melted in five days or less, according to the department.
Snow removal responsibilities, practices, and resources
Municipal responsibility for snow removal and ice control is somewhat decentralized.
|
Area |
Responsible party |
|
Streets city-wide (approx. 280 miles) |
Street Maintenance Division / Public Works |
|
Hauling snow from downtown |
Street Maintenance Division / Public Works |
|
Downtown sidewalks (corners and crosswalks only) |
Parks and Recreation |
|
Downtown parking lots |
Parks and Recreation for plowing |
|
Parking garages |
Street Maintenance for plowing and sanding |
|
Parking garage sidewalks, stairs, other |
Building Maintenance / Public Works and Parks and Recreation |
|
Airport terminal and runways |
Street Maintenance Division / Public Works
|
|
City buildings and parking lots |
Primary users are responsible for ensuring snow removal is completed in house or by contract |
|
Sampling of sidewalks cleared by various City departments |
|
|
o City Hall o Downtown crosswalks & corners o Art Center sidewalk o Community Building o Indoor Aquatic Center o South Park o 23rd and Iowa behind retaining wall o Japanese Garden o Sidewalks adjacent to City-owned parking lots o Nature Center |
o Community Health facility o 6th and Massachusetts (plaza area) o Public Library o Carnegie Building o Pinckney underpass o Sidewalks at parks and facilities o Railroad underpass o River areas (northbound river bridge, walk along levee, walk between Elm & Locust) o Depot area o Bike trails |
Snow removal and ice control are time-consuming and labor intensive services. In the street maintenance operation, resources used for snow removal are:
· Labor: Both regular and a significant portion of the overtime budget may be expended doing snow removal and ice control or other emergency response activities.
· Materials: Sand and salt are budgeted individually. In 2004, $65,000 is allocated for the replenishment of materials. In 2003, $71,699 was spent for sand and salt materials.
· Equipment: All motorized equipment used for snow and ice is used for other functions during the year. Snow plows and sanders are added for this particular function.
· Contract services: $10,000 is allocated in the 2004 budget for contractual snow removal services. Historically, this funding has been used for hauling operations when snow must be hauled out of the downtown area, contractor assistance for snow removal efforts during severe events, and / or contracted assistance for snow removal from the runways at the airport. Expenditures for contractual snow removal services were $7015 and 11,503 in 2003 and 2002, respectively.
Since the beginning of December, the City of Lawrence has experienced three snow or ice events. Below, the costs for the Street Maintenance Division only are detailed.
|
|
Storm 1 (12-9-03 to 12-12-03) |
Storm 2 (12-14-03 to 12-16-03) |
Storm 3 (1-4-04 to 1-6-04) |
|
Labor hours |
1170 |
1311 |
917 |
|
Labor costs |
$22,587 |
$28,463 |
$19,130 |
|
Material costs |
$19,352 |
$ 9,932 |
$13,970 |
|
Equipment |
$15,412 |
$12,412 |
$11,132 |
|
Total for storm |
$57,351 |
$50,807 |
$44,232 |
The chart above does not include any of the work performed by the Building Maintenance Division, the Parks and Recreation Department, or any other departments managing the snow and ice at their facilities (e.g., Utilities, Fire Department). Sidewalk work tends to be even more labor-intensive than the street work detailed.
Other cities
Cursory research was conducted regarding the extent to which other cities may take responsibility for snow removal on sidewalks not adjacent to municipal property. Very few cities were identified who take responsibility for all or certain sidewalks. The vast majority of information found revealed that removal of snow or treatment of ice was the responsibility of the adjacent property owner. Cities varied in the time allowed for sidewalk treatment, from six to 48 hours. Details were not collected on ordinance language or how cities dealt with violations. A cursory review of websites revealed that cities were either issuing citations or removing snow and ice and charging the property owners for that service (similar to our weed control process).
Issues for additional snow removal responsibilities
There are a number of issues that would need to be considered prior to taking on responsibility for additional snow removal on private sidewalks.
Premise liability concerns: As a property owner, the City has legal responsibility for maintaining and clearing the sidewalks adjacent to our property. Property ownership already presents a significant obligation for sidewalk clearing, when all facilities, parks, and bike trails are considered.
Increased funding: Specialized equipment could be obtained for mechanized treatment of snow along sidewalks. Given the frequency and severity of events, the City does not currently own the type of equipment that would be necessary for larger scale sidewalk snow and ice operations. Additional funding would be needed for labor, equipment, and materials, or private sidewalk services may be completed by contract.
Types of storms: Snow and ice operations vary significantly based on the type of storm. Certain conditions are extremely hard to manage, such as the ice storm experienced in January, 4-6, 2004. Paved surfaced were coated with ice. Very low temperatures prohibited salt treatments from working effectively. The City would have been no more effective at treatment of those conditions on private sidewalks than the property owners were.
Other liability issues: There are a number of questions about the other types of liability the city would either assume or be asked to assume if the City took responsibility for winter operations on private sidewalks. Would the City be responsible for damage or perceived damage to sidewalks and/or adjacent turf from either mechanized removal or chemical treatment? Would the City take on liability for falling hazards that are currently assigned to the property owners?
The above issues are listed for consideration in discussions of expansion of snow removal and ice control operations.
Options for an increased level of service for ensuring better pedestrian access following snow and ice events may include:
· Code changes that may allow for the issuance of citations once a 24 hour period has expired instead of five days after property owner notification
· Code provisions that allow for contracted snow removal to be charged back to the property owner
· Contracting for snow removal on key pedestrian routes (at City expense) – key routes to be determined by the City Commission
· Expansion of service responsibilities for departments previously cited.
The snow plan followed by the Street Maintenance Division and more detailed work plans for Building Maintenance and Parks and Recreation are available for review, if desired. Please let me know if any additional information is needed at this time.
Attachments: Snow removal web search listing
Snow route map (http://www.lawrencepublicworks.org/pdf/snowremovalplan2004.pdf )
CFS:TB:tb
Snow removal brief web search – (1-14-03) TB
|
Cities where snow and ice removal from sidewalks is the responsibility of the adjacent property owner, varying time frames and penalities |
Cities who take on limited plowing responsibilities for sidewalks either by contract or following street plowing operations |
|
|
· All KC Metro cities · Lincoln, Nebraska · Columbia, Missouri · Ames, Iowa · Topeka, Kansas · Manhattan, Kansas · Boulder, Colorado · West Chester, Pennsylvania · Sioux Falls, South Dakota · Two Rivers, Wisconsin · Batavia, New York · Frederick, Maryland · Cromwell, Connecticut · Everett, Washington · East Wenatchee, Washington · Newport, Washington · Walla Walla, Washington · Vancouver, British Columbia · Saltsburg, Pennsylvania · Ann Arbor, Michigan · Chelsea, Michigan · Dexter, Michigan · Saline, Michigan · Ypsilanti, Michigan · Gunnison, Colorado · |
· Victoria, British Columbia, Canada · North Vancouver, BC, Canada · Davenport, Iowa · Bettendorf, Iowa · Moline, Illinois · East Moline, Illinois · Rock Island, Illinois · Exeter Township, Pennsylvania · Hightstown, New Jersey · Norwalk, Iowa · Laurel, Maryland · Wauwatosa, Wisconsin · Takoma Park, Maryland · Fiarfax, Virgina · Gatineau, Quebec, Canada · Manassas, Virginia · Kalispell, Montana · Windsor, Ontario, Canada · West Des Moines, Iowa · Dearborn, Michigan · Washington County, Maryland · Evans, Colorado · Walkwick, New Jersey · Chapel Hill, North Carolina · Hanover Park, Illinois · Alma, Michigan · Evanston, Illinois |
· Hinckley, Minnesota · Kingston, Ontario, Canada · Bloomington, Minnesota · New Hampshire cities (by state law) · Andover, Massachusetts · Plymouth, Wisconsin
|