Loading...
6. Staff Report-sidewalk clearing policy Staff Report Date of Meeting: February 1, 2017 To: City Council From: Neil Soltis, Administrator Re: Sidewalk snow plowing Background: At the January 17 Council meeting Becky Glesne of 14589 Oakhill Road questioned why the City does not clear the sidewalk from Oakhill Court west to the school entrance road. The City’s Snowplowing and Ice Control Policy as adopted October 7, 2008 and amended February 15, 2011 provides for the clearing of sidewalks at Olinda Trail (County Road 3) from 209th Street to Highway 97 and Oakhill Road (County Road 52) from Oakhill Court to Olinda Trail (County Road 3). The policy was amended on April 15, 2014 to also include the east side of Olinda Trail (County Road 3) from 180 feet south of Oakhill Road (County Road 52) to 209th Street. The policy states that it is the responsibility of the resident and/or property owner to remove all accumulated snow from all other sidewalks along public streets adjoining their property. For the sidewalks designated for plowing by the City the policy states that the work will be done after the streets have been plowed. The policy also recognizes that some of the sidewalks maintained by the city are on county roads, that snowplowing of these roads may deposit snow and ice on the sidewalks and that the city will attempt to clear these sidewalks of snow but cannot assure that removal will be possible. It is not clear whether the clearing of sidewalks impacted by County snow plowing activities is in addition to the listed sidewalks. The policy is consistent with the model policy advanced by the League’s Insurance Trust. A copy of the City policy on sidewalk plowing and a map of City sidewalks follow in this report. Issue: What sidewalks should be cleared by the City after the streets have been plowed? Proposal Details: The City currently clears snow from roughly 1,700 l.f. of sidewalk after the streets have been cleared. The sidewalks are typically cleared after any snow event where the tractor with blower is needed to clear the snow from the skating rink. This work is done the day after a snow event by the City crew or the day of by the part -time worker who also maintains the rink. The request is to clear an additional 800’ of sidewalk. Beyond the requested additional sidewalks, there are roughly 1,900 l.f. of sidewalks that are not plowed by the City. Minnesota courts have found icy sidewalks or driveways to be public nuisances. In most cities uncleared sidewalks are declared a public nuisance by City ordinance and have provisions for the City take action to clear the sidewalk after notice of the nuisance condition with the cost charged to the property owner. Under Minnesota statute, cities are immune to claims for damages based on snow or ice conditions on a public street or public sidewalk, unless the dangerous condit ion was affirmatively created by the negligent acts of the city. A city may be found negligent when it has actual or constructive notice of a hazard due to snow or ice, but fails to correct the situation within a reasonable time period. It is important to note an exception to statutory snow and ice immunity exists only for sidewalks that do not abut a publicly-owned building or parking lot. In downtown areas it is common practice for cities to clear sidewalks where there is not a boulevard or a small boulevard for the City to the placement of snow onto the sidewalk from the plowing operation. This is often done to avoid the situation where a business owner has no option to dispose of the snow beyond placing it back into the street. In Scandia the County removed the accumulated snow from plowing operations as time permits since all of the sidewalks are located within the County road rights-of-way. Fiscal Impact: The time and cost to extend the sidewalk clearing an additional 800’ is not significant since the operator and equipment are at the location. Options: 1. Take no action on changing the location for the City to clear sidewalks 2. Add the requested section of sidewalk from Oakhill Ct. to STH 97 to the list 3. Place the responsibility for all sidewalk clearing on the property owner 4. Have the City clear all sidewalks based on the availability of resources. Recommendation: The City has not enacted an ordinance that would declare icy sidewalks and driveways a nuisance. Additionally, none of the sidewalks in the City abut publicly-owned buildings or parking lots. All of the sidewalk locations in the City have either no boulevard or a narrow boulevard where snow plowed from the adjacent street can be stored. While the responsibility for clearing the sidewalks falls on the property owners, the quantity of snow on the sidewalks is impacted by the County’s road plowing operation which make it more difficult for the property owners to clear the walks. If the City wishes to have sidewalks to enable pedestrian access in the area, I would recommend that the policy be changed to be consistent for all properties served by sidewalks and provide for clearing of all City sidewalks as time and staffing permits or when nuisance conditions exist. Snowplowing and Ice Control Policy Adopted October 7, 2008, Amended February 15, 2011, Amended April 15, 2014 10. Sidewalks The city will maintain some of the sidewalks in the city. The list of those sidewalks is attached, and may be updated from time to time by the Public Works Supervisor. As there are a limited number of personnel available, the city will only maintain these sidewalks after the streets have been plowed. It is the responsibility of the resident and/or property owner to remove all accumulated snow from all other sidewalks along public streets adjoining their property. This includes any snow plowed from public streets onto the sidewalk. Some of the sidewalks maintained by the city are on county roads. Snowplowing of these roads may deposit snow and ice on the sidewalks. The city will attempt to clear these sidewalks of snow but cannot assure that removal will be possible. List of Sidewalks Maintained October 7, 2008  Olinda Trail (County Road 3) from 209th Street to Highway 97  Oakhill Road (County Road 52) from Oakhill Court to Olinda Trail (County Road 3) List of Sidewalks Maintained February 15, 2011  Olinda Trail (County Road 3) from 209th Street to Highway 97  Oakhill Road (County Road 52) from Oakhill Court to Olinda Trail (County Road 3) List of Sidewalks Maintained Amended April 15, 2014  The west side of Olinda Trail (County Road 3) from Scandia Trail (TH 97) to Oakhill Road (County Road 52)  The east side of Olinda Trail (County Road 3) from 180 feet south of Oakhill Road (County Road 52) to 209th Street  The south side of Oakhill Road (County Road 52) from Oakhill Court to Olinda Trail (County Road 3) Yellow – sidewalks plowed by the City per 4/15/14 policy Red – sidewalks not plowed by the City