HomeMy WebLinkAboutVIII-06 Adopt Sidewalk Inspection and Maintenance Policy City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski, P.E. – Public Works Director/City Engineer
Date: March 4, 2024
Item: Adopt Sidewalk Inspection and Maintenance Policy
Council Action Requested:
The Council is requested to adopt the Sidewalk Inspection and Maintenance Policy.
Background Information:
A policy on sidewalk maintenance is necessary to clarify the City’s approach to sidewalk maintenance
and to better protect against potential claims in the future. The attached policy was developed by the
League of Minnesota Cities (LMC) and supported by the City Attorney. The policy provides good defense
in the event a sidewalk/trip and fall claim is made, as long as the City follows the policy.
The policy recognizes that not every irregularity rises to the level of defect and that the City has limited
employee and financial resources. Inspection and scheduling are included in the policy to prioritize the
segments to be completed on a regular basis.
Sidewalk snow removal remains consistent with Ordinance No. 90.04 and aligns with the City’s Snow
Plowing and Ice Control Policy. It is the abutting property owner’s responsibility to conduct snow
removal of sidewalks unless the sidewalk is immediately adjacent to the curb.
The Operations Committee reviewed this subject matter at its December 11, 2023 and February 12,
2024 meetings and provided unanimous support for the policy.
Financial Impact:
The sidewalk policy follows the ADA Transition Plan, which was adopted by Council in April 2019. The
approach to funding corrective work on deficient sidewalks includes:
Address deficient sidewalks when located in the Annual Neighborhood Infrastructure
Improvements
Address deficient pedestrian ramps when located in the Annual Mill and Overlay Program
Annual budget request for stand-alone sidewalk improvements to address priority areas
Property owners are still allowed to obtain a permit to repair sidewalks on their own if schedule
does not align with the City’s prioritization plan
Attachments:
Sidewalk Inspection and Maintenance Policy
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Sidewalk Inspection and Maintenance Page 1
Sidewalk Inspection and Maintenance Policy
City of Hastings, Minnesota
Sidewalk Inspection and Maintenance Policy
1. Introduction
The city of Hastings, Minnesota has 46 miles of public sidewalks. Public sidewalks vary in
age and in quality of condition. Not every mere inequality or irregularity in the surface of the
sidewalk rises to the level of a defect. The city recognizes that some sidewalk conditions
create unreasonable hazards for pedestrians and other sidewalk users.
The city has limited employee and financial resources and cannot reasonably replace all
sidewalks needing replacement or repair in the same year the sidewalk is identified as
needing replacement and repair. Sidewalk replacement and repair can be costly.
Comprehensive sidewalk surveys are expensive and require the use of limited city personnel
and other resources. Under appropriate circumstances, some or all of the cost of sidewalk
replacement may be passed to the adjacent property owner.
Accordingly, the city and its Public Works Department must exercise both discretion and
professional judgment in determining whether and when sidewalks need to be replaced or
repaired. The city expects that its agents, employees, and city officials will exercise
discretion in identifying conditions requiring replacement and repair, in the scheduling of
replacement and repair and in establishing priorities for replacement and repair.
2. Sidewalk inspection procedures
The Public Works Director shall establish procedures for regular sidewalk inspection. Those
procedures will include:
A. An initial city-wide sidewalk survey was completed in April, 2019.
B. A schedule for routine sidewalk inspections on a regular basis.
C. Criteria for determining whether a particular sidewalk condition is in need of
replacement or repair. Those criteria will include, but not necessarily be limited to,
a deviation or difference in elevation greater than 1 inch, as determined at the time
of inspection.
3. Sidewalk replacement and repair policy
The Public Works Director shall establish a replacement and repair schedule. This schedule
is subject to modification based both on sidewalk conditions and the availability of resources
for sidewalk replacement and repair.
The sidewalk replacement and repair schedule will:
A. Divide the city into sections or otherwise prioritize replacement of the sidewalks
identified as needing replacement or repair so all sidewalks identified in the initial
sidewalk survey as needing replacement or repair are replaced or repaired in
accordance with the timelines identified in the ADA Transition Plan adopted by
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Sidewalk Inspection and Maintenance Page 2
City Council on April 1, 2019.
B. Take into consideration and weigh the following factors:
1. Sidewalk location and amount of pedestrian traffic
2. Proximity of sidewalk identified as needing replacement or repair to other
sidewalks also needing replacement or repair
3. The nature and severity of the condition needing replacement or repair
4. The city’s budget for replacement or repair of sidewalks
5. Whether, or to what extent, the cost of repair can be recovered from adjacent
property owners
6. Availability of employees, equipment, and other resources for sidewalk
replacement or repair
7. Public safety
8. History of prior accidents or complaints
9. Schedules of independent contractors and work necessary to prepare bids and
bid specifications if work is to be performed by independent contractors
4. Sidewalk maintenance policy
City employees will be responsible for removing snow from sidewalks that abut city-owned
buildings or parking lots. Adjacent property owners, including other public entities, are
responsible for removing snow and ice from sidewalks that abut their property (see City
Ordinance No. 90.04). With the exception of the Downtown Area, the city will conduct snow
removal on sidewalks immediately adjacent to curbs. The Public Works Director will
identify sidewalks from which the city will remove ice and snow.
5. Review and modification of policy
The City Council may modify or clarify this policy at any time. Where the City Council has
delegated responsibility or authority to any city employee or official for development or
implementation of any portion of this policy, that employee or official shall have full
authority to modify that portion of the policy at any time. The Public Works Director will
keep on file comments and complaints received regarding this policy. The policy will be
reviewed periodically. Any review will consider comments and complaints since the last
review and any other factors affecting the policy or its implementation.
6. Effective date of policy
This policy shall be effective as of_____ (insert date). Modifications of the policy shall be
effective on the date said modifications are approved by city council resolution or the date
city employee or official (with authority granted by the City Council) has approved the
policy modification or change.
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