14.D.
City Council Meeting - FINAL
- Meeting Date:
- 01/21/2020
- From:
- Scott Overton, Streets Section Director
Information
TITLE:
Consideration and Adoption of Ordinance No. 2020-02: An ordinance of the City Council of the City of Flagstaff, Repealing Chapter 8-01 of the Flagstaff City Code, Sidewalks, and adopting a new Chapter 8-01 of the Flagstaff City Code, Sidewalks, to provide for revised standards and procedures; providing for severability, authority for clerical corrections, and establishing an effective date
STAFF RECOMMENDED ACTION:
At the January 21, 2020 Council Meeting:
1) Read Ordinance No. 2020-02 by title only for the first time
2) City Clerk reads Ordinance No. 2020-02 by title only (if approved above)
At the February 4, 2020 Council Meeting:
3) Read Ordinance No. 2020-02 by title only for the final time
4) City Clerk reads Ordinance No. 2020-02 by title only (if approved above)
5) Adopt Ordinance No. 2020-02
1) Read Ordinance No. 2020-02 by title only for the first time
2) City Clerk reads Ordinance No. 2020-02 by title only (if approved above)
At the February 4, 2020 Council Meeting:
3) Read Ordinance No. 2020-02 by title only for the final time
4) City Clerk reads Ordinance No. 2020-02 by title only (if approved above)
5) Adopt Ordinance No. 2020-02
Executive Summary:
In the City of Flagstaff, there are over 270 miles of existing sidewalk. City of Flagstaff planning and regulatory documents emphasize the value of a walkable community and the desire to encourage multi-model transportation and alternatives to the motor vehicle. City sidewalks are in various states and conditions citywide; many locations are passable and in good condition. Neighborhoods that have more significant issues are a result of age, poor soil conditions, vegetation and tree encroachments, severe degradation of surfaces and/or the vertical displacement of panels as a result of freeze-thaw cycles. Repair techniques, treatment types and methods will often vary with the various issues; grinding, cutting or panel replacement are common in all communities.
The Streets Section has the desire to repeal and replace Chapter 8-01 of the Flagstaff City Code, Sidewalks, with a new chapter that reflects a more comprehensive sidewalk inspection program, provides clear expectations of the city and property owner and establishes clarity of financial responsibility, city participation and capital programming. Staff also recognized that Chapter 8-01 contained some outdated language and conflicting provisions. Considering the original ordinance was adopted in 1903, and amended in 1916 and 1989, a thorough review of Chapter 8-01 and underlying policy was warranted and is presented for your consideration and adoption.
The changes from the original ordinance are as follows:
The Streets Section has the desire to repeal and replace Chapter 8-01 of the Flagstaff City Code, Sidewalks, with a new chapter that reflects a more comprehensive sidewalk inspection program, provides clear expectations of the city and property owner and establishes clarity of financial responsibility, city participation and capital programming. Staff also recognized that Chapter 8-01 contained some outdated language and conflicting provisions. Considering the original ordinance was adopted in 1903, and amended in 1916 and 1989, a thorough review of Chapter 8-01 and underlying policy was warranted and is presented for your consideration and adoption.
The changes from the original ordinance are as follows:
- Replaces language that was unclear or dated. (8-01-001-0001)
- Provides clear direction of notice to be provided to property owner. (8-01-001-0002-A)
- Provides permitting and inspection direction per the City of Flagstaff Engineering Standards. (8-01-001-002-B,C)
- States that City has the right to make repairs and assess property owners the cost of repairs. (8-01-001-0002-C,D)
- Establishes clear collection procedures and restitution process. (8-01-001-0002-E)
- Directs the Streets Director to develop an inspection program. (8-01-001-0003-B)
- Allows Council to establish fund to repair and provide assistance to residential property owners. (8-01-001-0004)
Financial Impact:
The adjacent property owner has the duty to maintain the sidewalk and repair as needed. The cost is property owners responsibility; however, must ensure the repair is made. This may result in a financial impact to the City if property owners do not fulfill their obligations and responsibilities.
In the event that the City makes any repairs to a sidewalk after failure of the responsible party to do so, the Director shall file in the office of the Clerk a verified, itemized statement of the cost of such repairs, which statement when so filed shall be deemed and taken as prima facie evidence of the cost of such repairs or renewals. The Director shall deliver via certified mail to the property owner a copy of the itemized statement of the cost repairs. If the property owner fails to pay the assessment within forty-five (45) days after receiving notice, a lien may be filed against the adjacent property and filed with the Coconino County assessor. The City may also pursue additional collection methods and any civil remedies available to obtain restitution for the costs of said repair.
The City Council may provide an annual fund to assist residential property owners with the cost to repair sidewalks adjacent to their property; however, any such funding shall be subject to the City’s available funding resources for a given fiscal year.
Residential property owners who identify an adjacent sidewalk in need of repair, or receive notice from the City that an adjacent sidewalk is in need of repair, may request assistance from the City’s cost share fund not to exceed fifty percent (50%) of the total cost of the repair.
The city currently has $15,000 of Highway User Revenue Funds (HURF) dedicated to the 50/50 program and sidewalk repairs. It is anticipated that funding increases will be requested and the program will need more resources to meet the demand of the program.
In the event that the City makes any repairs to a sidewalk after failure of the responsible party to do so, the Director shall file in the office of the Clerk a verified, itemized statement of the cost of such repairs, which statement when so filed shall be deemed and taken as prima facie evidence of the cost of such repairs or renewals. The Director shall deliver via certified mail to the property owner a copy of the itemized statement of the cost repairs. If the property owner fails to pay the assessment within forty-five (45) days after receiving notice, a lien may be filed against the adjacent property and filed with the Coconino County assessor. The City may also pursue additional collection methods and any civil remedies available to obtain restitution for the costs of said repair.
The City Council may provide an annual fund to assist residential property owners with the cost to repair sidewalks adjacent to their property; however, any such funding shall be subject to the City’s available funding resources for a given fiscal year.
Residential property owners who identify an adjacent sidewalk in need of repair, or receive notice from the City that an adjacent sidewalk is in need of repair, may request assistance from the City’s cost share fund not to exceed fifty percent (50%) of the total cost of the repair.
The city currently has $15,000 of Highway User Revenue Funds (HURF) dedicated to the 50/50 program and sidewalk repairs. It is anticipated that funding increases will be requested and the program will need more resources to meet the demand of the program.
Policy Impact:
Improved governance.
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan:
The Regional Plan encourages a variety of community mobilities and the upkeep of sidewalk infrastructure to promote walkability.
The Zoning Code promotes the development and planning of sidewalk infrastructure.
The Climate Action and Adaptation Plan encourages multi-model behaviors of residents and has established goals to promote less reliance on automobiles.
The Zoning Code promotes the development and planning of sidewalk infrastructure.
The Climate Action and Adaptation Plan encourages multi-model behaviors of residents and has established goals to promote less reliance on automobiles.
Has There Been Previous Council Decision on This:
Yes, we have discussed this topic with an initial work session that was held on May 28, 2019 and again on November 12, 2019. At both of the work sessions, a history of the existing Chapter 8-01 was provided and we discussed the current state of the sidewalk concerns. Council has provided general direction that is reflective in the new Chapter 8-01. In addition, we continue to look at the best practices of the concrete industry, products and new technologies to improve replacements, repairs and longevity.
Options and Alternatives:
Option 1 - Adopt Ordinance as presented.
Option 2 - Revise Ordinance as desired, modify language and or terms.
Option 3 - Do not adopt Ordinance and provide additional direction to staff.
Option 2 - Revise Ordinance as desired, modify language and or terms.
Option 3 - Do not adopt Ordinance and provide additional direction to staff.
Community Involvement:
The community has a strong desire to have a well-maintained multi-model transportation network. The inclusion of good quality sidewalks is an important value. The property values and neighborhood pride often are improved with safe and well-maintained sidewalks. Maintained sidewalks also encourage the behavior of walking within the community and provide connection between areas, and access to transit and activity centers.