8.4. SR 05-16-2011REQUEST FOR ACTION
TO ITEM NUMBER
Ci Council 8.4.
AGENDA SECTION MEETING DATE PREPARED BY
Worksession Ma 16, 2011 erem Barnhart, Plannin Mana er
ITEM DESCRIPTION REVIEWED B~/
Sidewalk Plowing Policy
REVIEWED BY
ACTION REQUESTED
Adoption of the notification and abatement process as outlined below.
BACKGROUND/DISCUSSION
Last winter, members of the City Council received some complaints regarding several issues relating to the
City's practice of addressing the nuisance associated with snow removal, including:
A. The notification process
B. Removing snow when alternative routes are nearby
C. Removing snow when the sidewalk backs to the curb
D. Applying the policy to snowbirds
The City Code, section 46-34, Public Nuisances Affecting Peace and Safety (8) identifies "Sidewalks that axe not
kept free of snow and ice during normal business hours in commercial and industrial zoned districts and
within 24 hours after a snowfall within residential districts" as nuisances affecting peace and safety. This
section was part of the 1982 City Ordinance.
In response to the notification, staff has developed an alternative, while being sensitive to the users of the
sidewalk system and to those that, at minimum, follow City ordinances:
The minimum amount of time that can transpire between a snowfall and the city clearing the
sidewalk is 17 days, if somebody complains the day after the snow fall event. That is 17 days that
people cannot use the sidewalk, and are often forced into the street.
Typically, the time is closer to 28 days, as a complainant typically calls after several weeks have
passed.
The process, currently:
1. Snowfall:
Ordinance requires removal within 24 hours (residential) and during normal business hours
(commercial).
2. Complaint received for the specific parcel.
N:\Public Bodies\City Council\Council RCA\Agenda Packet\OS-16-2011\Request for Action -snow process 5-16-11.docx
3. Property inspected within 24 hours.
4. Certified notice sent to property in question and to other addresses adjacent. This is done to avoid
enforcing one mid-block house, and ignoring the next door neighbor, knowing that a cleared
sidewalk does no good unless it's block wide at minimum. A certified notice is sent out as required
by law.
5. Wait 14 days.
6. On the 15`" day, an inspection is completed.
7. If the sidewalk is not cleared, the address is sent to our contractor, who must clear the driveway
within 48 hours.
Proposed policy, changes shown in bold:
1. In late October, the City will notify residents of the requirements to remove snow from
public sidewalks via the publication of a notice and maps in the newsletter, newspaper,
website, and social media.
2. Snowfall.
3. Complaint received for the specific parcel.
4. Property inspected within 24 hours.
5. A door hanger is provided to the property in question, and other properties on the block, as
a reminder of the need to remove snow. This door hanger will allow for 2 days, upon which
time an inspection will be completed. (Staff will NOT phone property owners on the need to
remove snow. Not only is this time consuming, this is not generally effective, and a written
notice still needs to be provided.)
6. Certified notice sent to property in question and to other addresses adjacent. This is done to avoid
enforcing one mid-block house, and ignoring the next door neighbor, knowing that a cleared
sidewalk does no good unless it's block wide at minimum. A certified notice is sent out as required
by law.
7. Wait 14 days.
8. On the 15~' day, an inspection is completed.
9. If the sidewalk is not cleared, the address is sent to our contractor, who must clear the driveway
within 48 hours.
This recommended process change only affects the notification process. Staff is not recommending
changes to the policy as it relates to snowbirds, directly behind curb sidewalks, or sidewalks adjacent to
other transportation routes (B, C, and D above).
B. Other routes: It was discussed last winter to not require properties with a sidewalk across the
street from a city plowed trail to remove snow. Staff does not think this is in the best interest of
the community, long term. If the mobility of all residents is important, and the cost to install
these improvements was a necessary expense, it is hard to argue that these improvements should
not be used for up to 5 months of the year. Further, it's very difficult for the Council to require
developers to pay for sidewalks and trails in the future.
N:\Public Bodies\City Council\Council RCA\Agenda Packet\05-16-?011\Request for Action -snow process 5-16-11.docx
C. Sidewalk behind curbs: Of course, ideally, a sidewalk is located 10 feet or so behind the curb,
leaving plenty of space for snow storage. In reality, in some cases, the sidewalk is placed directly
behind the curb, often to avoid additional costs, private improvements, or existing vegetation.
Staff suggests that future sidewalks be located as close to ten feet back of curb. For those
existing, staff believes these property owners should be responsible for the snow. Like property
owners in a cul-de-sac, there is `extra' snow they must deal with. (An argument that those
property owners pay a premium fox cul-de-sac lots also holds to those lots where the property
owner received the benefit of a sidewalk was placed near the curb, to avoid vegetation, private
improvements, etc.)
D. Snowbirds: Staff does not recommend any changes to the process as they relate to snowbirds,
or those that leave for extended periods of time. Not only it is impossible to know when
property owners leave for the winter or extended periods of time, the obligation still exist when
the owner leaves. Snow piles up, grass grows. These issues are part of the things that must be
addressed prior to leaving, like stopping the newspaper, forwarding the mail, and emptying the
refrigerator.
Clearly, there will be opposition to the proposal staff suggests, in part because the alternative
requires less work on the part of some of the property owners. Regardless of the opposition, staff
believes strongly that the solutions suggested balances the needs of all, including users of the
sidewalk system, property owners that clear a sidewalk because it is an obligation of being a part of a
community, property owners that clear a sidewalk because it's a requirement, and the City that must
enforce consistently the rules and regulations.
FINANCIAL IMPACT
Costs for additional press releases, door hangers, and additional staff time have not been calculated.
ATTACHMENTS
^ None
Action Motion by Second by Vote
FOllow Up
N:\Public Bodies\City Council\Councl RCA\Agenda Packet\OS-16-2011\Request for Action -snow process 5-16-11.docx