Memorandum

City of Lawrence

Public Works

 

TO:

Charles F. Soules, P.E. Public Works Director

CC:

 

FROM:

Mark Thiel, Assistant Public Works Director

DATE:

February 15, 2017

RE:

Sidewalk Hazard Program Policy - procedures

 

Background

In October 2016, The City Commission directed the City Manager to develop a sidewalk hazard repair program and policy based on recommendations from the Pedestrian – Bicycle Task Force. The direction was that the City would actively inspect all public sidewalks for hazards annually against specific criteria and notify the adjacent property owner of the defect and require them to make the necessary repairs(s) pursuant to City Code 16-105 and in accordance with Kansas State Statute.

 

Staff developed an administrative policy that outlines how the City will inspect, document and enforce the repairs for sidewalk hazards and ADA access ramps throughout the City of Lawrence. Each year the City will inspect a portion of sidewalks within the city.

 

This policy is more lenient than the State Statue. Based on the State Statue the local governing body may in their determination declare any sidewalk as hazardous and by condemnation resolution cause the repairs to be made with only 5 day notice in the City’s official newspaper. They then can then by ordinance assess the cost of the repair(s) to the adjacent property owner. The City’s developed policy allows for two notifications granting 60 days for the property owner to make repairs once they have been notified in writing. It also has a financial aid package for eligible residential owner occupied homes and a 50/50 grant program for eligible residential owner occupied homes, that have actual sidewalk on more than one adjacent side of their property.

 

Staff has also met with several groups in the community to talk about this policy and process and to have a discussion about how we are proceeding based on the Pedestrian – Bicycle Task Force recommendations and the City Commission direction. Those groups included Lawrence Association of Neighborhoods (LAN), Landlords of Lawrence, Lawrence Pedestrian Coalition(PedCo), Lawrence Home Builders Association (LHBA), and the KUJH news group. Staff has also held a few meetings with a group of stakeholders. This stakeholder group included representation from; Downtown Lawrence Inc. (DLI), LAN, LHBA, the Lawrence Chamber, Bicycle Pedestrian Task Force, Lawrence / Douglas County Health Department, Independence Inc., USD 497, Lawrence Preservation Alliance (LPA), Lawrence Board of Realtors and several City staff departments.

 

Staff has developed a plan that divides the City’s 620 miles of sidewalk into 8 geographic areas. Each area has approximately the same amount of acreage. Between January and February of 2017 City staff inspected the first geographic area (north of Bob Billings Parkway and west of Wakarusa Drive to the city limits). This area was selected for several reasons. Staff wanted an area that was manageable during the first year of this program, we also wanted an area that would give this project the greatest chance for success the first year. We recognize that this program and policy will evolve over the years. In recognizing that, we felt this area had enough of all the elements addressed under this program without being one of the Cities most challenging areas. We also felt that this area was manageable with currently staffing and funding levels in 2017.  There were a total of 430 sidewalk hazards identified and 24 ADA access ramps identified. This will impact 277 property owners. Of the defects identified 55 were the responsibility of the City, this includes adjacent sidewalk that are the private property owner’s responsibility to repair, but that have been determined to be caused by City owned infrastructure; such as sanitary sewer manholes, water valves, fiber optic handholds, storm inlets and street tree roots. It is anticipated that as we interact with property owners that have received a sidewalk hazard violation notice, decisions will be determined that could increase the overall number of sidewalk hazards the City takes responsibility to repair. In addition, the City will make the necessary repairs to all ADA access ramps identified to have defects.

 

The City will send out sidewalk hazard notification letters to all property owners that have been identified as having a sidewalk hazard(s) based on Section 16 of the City code. They will be given 60 days in which to make the necessary repairs. At the 30 day mark the City will send a second notice to any property owner that has not responded to the first notice and that has yet to make the necessary repairs. Both notices will include a date in the future, beyond the original 60 days’ notice for repairs, in which the City will consider a resolution to condemn the sidewalk, if the repairs have not been made. The notices will also include information about the time line in which the City will consider an ordinance to allow the cost of repairs made by the City under resolution to condemn to be assessed to the property owner.

 

The notices will also include information about:

-       City Code Section 16.

-       Photo(s) of the hazard.

-       Contact information for the City.

-       How to apply for financial assistance or grant funding.

-       A list of all licensed concrete contractors in the City of Lawrence.

-       The name of the contractor and contact information that the City has awarded its concrete work to with details on how they may be able to utilize this contractor and bid pricing.

-       What will happen if the property owner fails to make the necessary repairs within the 60 days.

 

Annually, at the same time the first notice is being prepared and sent out, City staff will compile and send out a request for bids. The purpose of this bid is twofold. First, this bid will establish a competitive price for work that will be completed by the City and secondly, it will establish a unit price that private property owners, that have been sent a sidewalk hazard notice, will have an opportunity to piggy back on for pricing. This bid and pricing will be dependent on an actual award being made to a contractor.

 

City staff developed a project and solicited bids to establish unit pricing for the geographic area selected for the 2017 project. Pricing under this bid was to be extended to private property owners to make repairs to sidewalk hazards they have received notice from the City. There was only one bid submitted for the project, $7.99 / SF for 4” concrete sidewalk, it was almost 50% above the engineer’s estimate. Staff contacted a few of the concrete contractor in Lawrence to inquire as to why they did not bid this project. It was determined that they were hesitant to guarantee the same price for both the City and private property owner. This is due primarily due to having to deal with multiple owners on small scale projects vs. the City on a single larger scale project. In the end we came to the conclusion that extending the price to private property owners under this bid was not economical for contractors.

 

For the 2017 the City does have the ability to piggy back on a Parks and Recreation Department bid project for the portion of this project that is the City’s responsibility. The Parks and Recreation bid project would not extend pricing to private property owners. For fiscal year 2017 the base bid for this work was $5.35 / SF for 4” sidewalk. There would also be a small cost for grading and seeding for each area. We are estimating the unit price cost to the City would be $6.00 / SF.

 

Currently the City plans to complete their responsibilities under this policy utilizing the Parks and Recreation Department’s concrete contractor, project B1710. The City will also utilize the Parks and Recreation Department’s contractor to make repairs to private property sidewalk hazard(s) in which the owner fails to complete within the allotted time frame and that the City Commission condemns through resolution.

 

Once a bid has been awarded the City will commence upon repairs to the sidewalks and ADA access ramps that are their responsibility to repair. Included as City sidewalk hazard responsibilities for repairs will include sidewalks that have defects related to City owned or installed infrastructure. Which could include; sanitary sewer manholes, water valves, fiber optic handholds, storm inlets and street tree roots.

 

This program will contain a financial aid and 50/50 grant program portion. Any residential owner occupied home that receives a sidewalk hazard notice may apply for financial aid using the established US Department of Housing and Urban Development application process and form. This program is based on household size and annual income. Currently the City manages a similar process for the Community Development Block Grant Funding (CDBG) program. Qualified applicants will have their sidewalk hazard repaired by the City utilizing its contractor. The repairs under the financial aid program will be for removal and replacement only. This program will be dependent on availability of annual funding from the City.

 

Any residential owner occupied home that receives a hazard notice may apply for 50/50 grant assistance program, if they have actual sidewalk on more than one adjacent side of their property. Qualified property owner applicants for this grant program will have their sidewalk hazard repaired by the City utilizing its contractor and shall be required to prepay the City their share of the sidewalk repair prior to the City taking on this repair. This program will be dependent on annual funding from the City.

 

If the private property owner(s) have not completed the repairs within the allotted 60 days, the City in a single condemnation resolution, will ask the Commission to condemn any sidewalk hazard that has not been repaired. This condemnation resolution will cause the City to make the necessary repairs on behalf of the property owner. The City will award any non-completed hazards to its sidewalk hazard contractor to make the necessary repairs. It should be noted that any repairs the City undertakes with its contractor will be limited to remove and replace of the hazardous sidewalk only. We will not undertake any patching, grinding or any other similar partial repairs. 

 

The City’s contractor will be given 45 days in which to make all necessary repairs. The City will be responsible to pay for the repairs upfront made by its contractor until, either the property owner reimburses the City or the Douglas County Clerk assess the property owner’s taxes and we get reimbursed from the Douglas County’s tax assessment.

 

Once all repairs have been made by the City’s contractor the City shall prepare an ordinance to levy a special assessment against the adjacent property owner for City Commission action. This ordinance shall authorize the City to collect the cost associated with the repairs to the sidewalk hazards whereby the adjacent property owner has failed to make or cause to make the necessary repairs themselves. The cost shall also include interest, a 10% administrative fee and any other costs directly related to the City making the repair(s).

 

Once the City has an adopted an ordinance to levy a special assessment on the adjacent property owner’s taxes, the City shall send a written notice of the assessment to the adjacent property owner giving them 30 days in which to make full payment to the City. In the event the assessment goes unpaid, the City, through the City Clerk’s office, shall forward all unpaid assessments to the Douglas County Clerk’s office to levy a special assessment against the adjacent property owner’s taxes.

 

City staff will follow up with Douglas County until those assessments have been paid and the sidewalk hazard can be closed out as being completed.