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01/20/2009 - City Council Public Works Committee AGENDA PUBLIC WORKS COMMITTEE MEETING TUESDAY, JANUARY 20, 2009 4:30-5:30 P.M. CONFERENCE ROOMS 2A&B 1. AGENDA ADOPTION II. ORDINANCE AMENDMENT-PROPERTY OWNER MAINTENANCE OF SIDEWALKS AND TRAILS III. OTHER BUSINESS IV. ADJOURNMENT PUBLIC WORKS COMMITTEE January 20, 2009 II. ORDINANCE AMENDMENT PROPERTY OWNER MAINTENANCE OF SIDEWALKS AND TRAILS ISSUE: At the December 1, 2008 Council meeting, the Council directed the Public Works Committee to review Councilmember Hansen's suggestion to look at possible revisions to the City's Code that would require property owners to perform winter maintenance on trails and sidewalks adjacent to their property. BACKGROUND: • Following a groundswell of citizen requests and general community support, the City Council, during October of 1996, formally approved and authorized a "limited" prototype Winter Sidewalk and Trail Maintenance Program, but only for sidewalks and trails serving local schools per their transportation policy for designated walkers. At that time, the council directed the City Attorney's office to prepare ordinance revisions requiring adjacent property owners of local residential sidewalks to perform snow removal for about 1.7 miles of the 5+ miles identified in the new service delivery program (i.e. the Hawthorne Woods - Pinewood School and Denmark Ave. - Glacier Hills School areas). Records indicate that the prototype program service delivery was successful with good compliance and a nominal need for enforcement. • During the spring of 1998, staff was given direction to survey 18 adjacent communities and conduct public informational meetings to collect information about the possibility of continuing or expanding the winter trail and sidewalk maintenance program. On May 8, 1998 a public informational meeting occurred where feedback was solicited and a survey was distributed. The feedback and survey results tallied May 21, 1998 supported continued winter trail and sidewalk maintenance and provided the basis for operational recommendations. • Even in this early stage of planning, discussions occurred about requiring adjacent property owners to be responsible for snow removal of public trails and sidewalks. For example, the residents of Hawthorne Woods had to deal with less snow deposited by street plowing operations (32' residential street) on a narrower sidewalk than residents located along Denmark Ave. (44' Community Collector) onto a wider trailway. • At a Public Hearing on June 2nd 1998, the Eagan City Council subsequently adopted the formal winter trail and sidewalk maintenance program incorporating approximately 53 miles of the city's 117 mile system. After considerable discussion regarding inequities of some property owners having an obligation vs. others having their adjacent sidewalk/trail maintenance performed by the City, it was agreed to modify the city Ordinance (Code) Chapter 7, Section 7.05, Subd 5, to no longer require adjacent homeowners to remove snow from sidewalks and trails. 1 PUBLIC WORKS COMMITTEE January 20, 2009 II. ORDINANCE AMENDMENT PROPERTY OWNER MAINTENANCE OF SIDEWALKS AND TRAILS (cont.) ATTACHMENTS: 1. Survey of other communities' ordinances with details of current service delivery, enclosed on pages through 2. Original Ordinance with 1996 revisions requiring Property Owner maintenance), enclosed on pages through -l__. 3. Current (since 1998) Ordinance, enclosed on page. 4. Existing Trail & Sidewalk map with current approved winter maintenance segments, enclosed without page number. COMMITTEE RECOMMENDATION OPTIONS: 1. Reaffirm current Ordinance and Policy; or, 2. Re-evaluate current ordinance and/or policy a. Recommend that the Council direct staff to prepare a revision to the current City Code requiring property owners (TBD) to perform winter maintenance on sidewalks and trails adjacent to their property. b. Provide guidance to staff on related enforcement expectations. 3. Other: PLOWING OF TRAILS AND SIDEWALKS SURVEY SUMMARY SHEET The following are the results of the trail and sidewalk plowing survey of the surrounding communities taken in December 2008. The survey is split into 13 questions: 1. How do you determine or classify priority in trail plowing 2. Are all paths and walks in the city cleared? 3. What department is responsible for plowing? 4. What type of equipment do you use? # of miles? Width of trails? 5. What is your standard for plowing? 1", 2" etc. 6. Is overtime paid for any trail or sidewalk plowing? 7. When is plowing performed? (Monday - Friday)? Daylight hours? Call out? By whom? 8. Is there an ordinance requiring residents or businesses to clear paths or walks adjacent to their property? If so, how long do they have to clear the trail/walk? How is it enforced? 9. Do you coordinate with the county to prevent them from "winging" snow back onto the trail? 10. Do you sand/salt paths or trails? 11. Do you repair sod damage in the spring? 12. How do you clear walks or trails on bridges? 13. How long have you been plowing trails/sidewalks? The following cities were surveyed: Apple Valley Edina Plymouth Bloomington Farmington Richfield Burnsville Inver Grove Heights Rosemount Cottage Grove Lakeville Roseville Eden Prairie Mendota Heights Woodbury G:\streetsO8\plow & trail surveys\ trails & sidewalks plowing summary sheet 2) 1. How do you determine or classify priority in trail plowing? Apple Valley a. All asphalt trails on road right-of-way (county roads). b. Ring route Bloomington a. Schools and handicap. b. Main thoroughfares. c. Residential sidewalks Burnsville a. Parks plow park trails, rinks, and then parking lots. b. Streets do all sidewalks (after plowing streets). Cottage Grove a. School routes. b. Main sidewalks c. Residential sidewalks Eden Prairie a. City and park property frontage. Edina a. Senior Center, library, city hall. b. Park facilities, park walking trails. Farmington a. School routes. b. Downtown c. All others follow. Inver Grove Heights a. Arterial routes. Lakeville a. Safe routes to schools. b. Downtown (main drag). Mendota Heights a. Pedways Plymouth a. Schools b. High traffic areas Richfield a. Main HUB area (their downtown area & from 35W to Portland Ave. b. Bus routes c. Schools - generally schools do their own property - they do areas close to the schools Rosemount a. Schools b. Major collectors Roseville a. Schools b. Trails (if under 2" snowfall) c. sidewalks Woodbury a. Schools b. Sidewalks at Community Center c. Sidewalks at sports center G:\streetsO8\plow & trail surveys\ trails & sidewalks plowing summary sheet 4 2. Are ALL trails and walks in the city cleared? Apple Valley Yes. All asphalt trails are done by city, sidewalks are homeowners and business owners responsibility. Bloomington Yes. However, do not do some interior park asphalt trails. Burnsville No. All residential sidewalks are done by streets dept. Cottage Grove Yes. (97% are) Eden Prairie Yes. Edina Yes. Farmington No. Inver Grove Heights Yes. Lakeville No. Mendota Heights No. (95% are) Plymouth No - they have 130 miles of trails & sidewalks - they plow about 70 miles Richfield Yes Rosemount No - they do bike trails, collectors and some sidewalks Assn are required to do ALL their sidewalks (front, back, side) Businesses & residents must do the front of their property (city does side & back) Roseville Yes - all of them Woodbury Yes - trails, sidewalks, parking lots, and 6 activity buildings 3. What department is responsible for plowing? Apple Valley Streets- downtown area ("ring route") Parks - Everything else and assist with "ring route." Bloomington Parks and contractor. Burnsville Parks and Streets. Cottage Grove Public Works (including Parks and Utilities). Everything plowed at same time. Eden Prairie Parks Edina Streets - residential sidewalks. Parks - Senior Center, library, city hall, park facilities and trails. Farmington Parks. Inver Grove Heights Streets. Parks do park trails. Lakeville Streets plow less than 8'. Parks plow more than 8'. Mendota Heights Parks. Plymouth Parks does all the plowing for trails & sidewalks - Street dept. does wing back only Richfield Parks does all trails, sidewalks & alleys and on both sides of County Roads Rosemount Public Works - this includes Streets, Parks, & Utilities - 17 persons all under P.W. Roseville Parks department Woodbury Parks and Forestry 4 4. What type of equipment do you use? # of miles? Width of trails? How long does it take to clear the trail system? Apple Valley 60 miles, 6' sidewalks, 8' pathways. Downtown (ring route) - Tool Cat. All else, mowers with blowers and tractor with blower. Bloomington 250 miles total (paths and sidewalks 48" -72") IE Holders/TracklessBomadiers/small skid loaders Burnsville 120 miles. Streets use trackless machines Parks use 3/4 or 1 ton pickups with straight plows. Cottage Grove Holders with v-plows or blowers, Bomadiers for sidewalks, Pickups with v-plows for trails. Eden Prairie 214 miles of trails and sidewalks. 5' sidewalks, 8' & 10' trails. Three Bellows trackless. Edina Streets use trackless machines. Parks use smaller and 3/4 ton pickups with plows. Added salt equip. to pickups this year. Farmington Truck with v-plow, Tool Cat with brush, 2 JD mowers (1 with blower, 1 with brush) Inver Grove Heights 40 miles 5' and 8' (blacktop) MT trackless and 2 skid loaders. Lakeville 100 miles, 8-12' trails Parks - pickups with v-plws, NH Bi-Directional with blower, JD Utility Tractor with v-plow. Streets MT Trackless Maintainers. Mendota Heights 21 miles Pickup with 8' plow (sand in back) and occasionally a skid loader. Plymouth Sidewalks uses 3 pieces - 1 MT Trackless and 2 Holter 3 - pickups with v-plows 1- John Deere tractor w/blower Richfield They do 45 miles of sidewalks and approx. 5 miles of trails and alleys Sidewalk eqpt. - 3 - MT trackless w/brooms & plows & snowblowers w/hydraulics 5 - more trucks to plow the alleys and trails Rosemount 8' foot wide trails 1- MT Trackless to do the sidewalks 3 - pickup trucks with plows for the 8' wide trails Roseville Didn't know the # of miles; Width of trail varies 1 - MT trackless and 1 Holter Woodbury Total of 14 pieces of eqpt. 120 miles of trails Trails = 8' 6 pickup trucks 1 - bobcat for narrow trails 1 - toolcat w/broom 1- Zero-turn lawn mower w/72" deck with tracks 2- 550 p.u. truck 2 - Loaders 7 5. What is your standard for plowing? Apple Valley 2" Bloomington 2" or more, entire system 1" handicap and schools Burnsville 2" Cottage Grove 2" but will go out for less. Eden Prairie 1" Edina Pretty much anything. Farmington 1" Inver Grove Heights 2" Lakeville 2" Mendota Heights 2" Plymouth 2" is their standard Richfield 2" is their standard but they usually go out even when there is less snowfall Rosemount 2" is the standard but they usually go out sooner Roseville 2" is the standard on weekends, any amount on weekdays Woodbury 2" is standard - trying to stick to this. If streets are plowed then they do the trails 6. Is overtime paid for any trail or sidewalk plowing? Apple Valley Very little. Bloomington Yes Burnsville Yes Cottage Grove Yes. Come in at 4 or 5 a.m. and go until done (finish in one day) Eden Prairie Yes Edina Yes Farmington Yes Inver Grove Heights Not generally. If early start, leave early. Lakeville Yes Mendota Heights Yes Plymouth Depends on what happens and when it happens - don't have OT for nuisance snows Richfield Yes then there is more than 2" of snow - otherwise no OT Rosemount Yes 6 culdesac routes done first - then same drivers to trails & sidewalks after Roseville Yes On Call Woodbury Yes - start early in a.m. (Streets don't do OT - if they start early they leave early 9 7. When is plowing performed - (Monday - Friday)? Daylight hours? Call out? By Whom? Apple Valley Monday-Friday, called out by Park Superintendent. Bloomington Will do full plow anytime. Burnsville Anytime with call-out Cottage Grove Full call-out anytime. Anytime streets are done, everything else gets done too. Eden Prairie Call-out. Streets and trails at same time. Edina Anytime. Call-out by Streets and Parks Formen. Farmington Anytime P. Parks Supervisor Inver Grove Heights Second day after event, Monday-Friday. Street Supervisor. Lakeville Anytime 2" of snow and doing full plow. Everything done at same time (streets and trails). Mendota Heights Monday-Friday. Called out by Public Works Supervisor. Plymouth Depends on what happens, and when it happens - could be all of the above Richfield Call out - takes approx. 10 hrs. for all trails - plow concurrently with street plowing Rosemount Call out - night, days, weekends Roseville All weekdays - prefer doing this during regular hours. If necessary will call out on weekends. Will start at 5am if all are going out Woodbury Daytime hours - stay until done that day to do ice rinks. Weekends - call out for heavy snow & at least do school trails, Comm. Ctr and Sports center 10 8. Is there an ordinance requiring residents or businesses to clear paths or walks adjacent to their property? If so, how long do they have? How is it enforced? Apple Valley Yes. 48 hours. By complaint and enforced by police. Bloomington Yes, but no enforcement. Burnsville Yes, but no enforcement. Will attempt to enforce starting next year. Cottage Grove No. Eden Prairie Yes. Just passed last year. First contact owner, then hire it done and bill. Edina No. Street Dept. plow all residential sidewalks concurrently with streets. Farmington Yes, .however, will do one pass downtown area and then owners are responsible after that. Inver Grove Heights Yes, however not enforced. 48 hours. Trying to get back to ordinance. Lakeville Yes. 48 hours, warning, then hired and assessed. Mendota Heights No. Plymouth Yes - but very selective. Businesses & residents who were platted with sidewalks when developed are required to clear their sidewalks. This was done years ago. They have 24 horns to clear - usually complaint based from a neighbor - not because of inspections by them. Then they will get a ticket - doesn't happen often. Richfield No Rosemount Yes - sometime between 24 and 48 hours. Require all businesses & residents who have sidewalks on the front of their property. If they don't clear them, city will do it and bill back the property. Roseville He didn't know - will call me back **(he's only been there a few months) -Woodbury No - they don't have an ordinance - i' 9. Do you coordinate with the county to prevent them from "winging" snow back onto the trail? Apple Valley No Bloomington No Burnsville No Cottage Grove No Eden Prairie No Edina No Farmington No Inver Grove Heights No Lakeville No Mendota Heights No Plymouth No - but if we figure out a plan on how to do this - give them a call! Richfield Yes - they work with county - but have to remind them early each year. They wait until County is done plowing roads before they start trails next to them. Rosemount No - but wait until County is done plowing before doing trails next to them Roseville No Woodbury No - County does their own thing - try to wait until County is done before starting l; 10. Do you sand/salt paths or trails? Apple Valley No Bloomington No Burnsville No Cottage Grove No Eden Prairie No Edina Yes Farmington Downtown only. Inver Grove Heights No Lakeville No Mendota Heights No Plymouth No Richfield They have - but typically don't. Don't use salt - only sand in bad ice storms Rosemount No Roseville Yes - sand/salt mix on trails - nothing on sidewalks Woodbury No 1. 11. Do you repair sod damage in the spring? -Apple Valley Minimal, only if someone complains. Bloomington Yes. Black dirt and seed. No sprinkler heads. Burnsville Yes, along sidewalks. Cottage Grove Yes Eden Prairie Yes Edina Yes, sprinkler heads too. Farmington Yes Inver Grove Heights Yes Lakeville Yes Mendota Heights Yes Plymouth Yes - They don't repair damaged edges - do repair big gouges in the sod Richfield Yes Rosemount Yes Roseville Yes Woodbury Yes 12. How do you clear walks or trails on bridges? Apple Valley Push off to end and then build up hauled away. Bloomington Plow to end and push off. Build-up, blade and blown into trucks. Burnsville Talking to Park Sup., and he did not know how streets dept. does it. Cottage Grove (Only one park bridge) Push to end Eden Prairie Push off at end. Build up, snow blower into trucks. Edina (park trail bridges) Pull snow back off of bridges (do not drive on them) Farmington Brush (walking bridges in parks) Inver Grove Heights MT to end and push off. Lakeville Smaller machines open up and then blown into trucks. Mendota Heights Push to end with skidsteer. Plymouth Have bridges over and under 494. Use sidewalk machines - MT trackless ad the Holter. Also plow a wooden boardwalk with a truck Richfield Blow snow onto the back of a truck - use blower into a dump truck Rosemount 1 bridge over R.R. tracks. Blow snow onto tracks - or on to street and then clean it up. Roseville 95% done with p.u. trick. Rest done with a Toro w/broom for areas can't be done with truck Woodbury Do 3 bridges over 494 with p.u. truck - If too deep, use a snowblower in front of truck to end of bridge and then push to side of road at end of bridge 13. How long has your municipality been plowing trails? Apple Valley Many years. Bloomington 30+ years. Burnsville 24+ years. Cottage Grove Forever. Eden Prairie Started late 70's early 80's. Edina 31+ years. Farmington Forever. Inver Grove Heights 20+ years. Lakeville Always have. Mendota Heights Quite a few. -Plymouth At least 20 years Richfield At least 23 years - maybe longer Rosemount At least 20 years - maybe longer Roseville About 30 years Woodbury About 25 years - program expanded 10 years ago as city expanded G:\streets08\plow & trail surveys\ trails & sidewalks plowing summary sheet 1(.e MEMORANDUM REC V E ' ' so u TO, Tom Colbert, Director of Public Works FRONT. Sharon K. Hills, Assistant City Attorney DATE. October 22, 1996 RE: Snow or Ice Removal Ordinance Our File No. 206-7804 In response to your recent request, enclosed please find a draft ordinance amendment which re wires private property owners to remove snow or ice on adjacent sidewalks. The ordinance provision was added to Section 7.05, which prohibits obstructions in street right-of-ways and specifically prohibits property owners from placing snow or ice within street right-of-ways As the draft ordinance indicates, Paragraph A of Subdivision 5 requires the removal of snow and ice from the designated public sidewalks by the adjacent property owners or occupants Paragraph A also provides that the City may perform snow and ice removal upon the owner or occupants failure to do so, and to bill the cost of removal to the owner or occupant or both. Finally, Paragraph A provides that the City may assess the unpaid charges against the property pursuant to Minn- Stat §429 101. Additionally, I've modified paragraph B, which is the present language of Section 7.05, Subd. 5. The first sentence of paragraph B is revised to provide a clear prohibitory provision. Secondly, Paragraph B of the present section language merely puts a person on notice of the terms of permission to place snow within a street right-of-way and thus serves no purpose within the City ordinance. Accordingly, it is recommended that this paragraph be deleted from Subdivision 5 As you may have noted, the draft ordinance did not provide the removal criteria of two or more inches of snow, because it will be near to impossible to enforce or make a strict determination that the accumulation of snow is two inches and not 1-9/10ths inches. Accordingly it is recommended that the City simply require the removal of y snow or ice upon the designated sidewalks Finally, as you have discussed with Jim Sheldon, a map of the designated sidewalks specifically subject to the provisions of this draft ordinance must be presented and adopted with the proposed ordinance when it is considered by the City Council. If you have any questions, please do not hesitate to contact me. SKH/wkt cc: Tom Hedges, City Administrator Jim Sheldon, City Attorney 17 ORDINANCE NO. 2ND SERIES ~t u AN ORDINANCE OF THE CITY OF EAGAN, IvIINNESOTA, AIvIENDING EAGAN CITY CODE CHAPTER ENTITLED "STREETS AND SIDEWALKS" BY AMENDING SECTION 7.05, SUBD- 5, REGARDING SNOW & ICE REMOVAL, AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER I The City Council of the City of Eagan does ordain. Section I Eagan City Code Chapter 7 is hereby amended by changing Section 7 05, Subd. 5, to read as follows. Subd. 5. P-Ineifig Snow or Ice in Roadway Streets or on -a Sidewalks A. Removal of Snow or Ice From Sidewalks. (1) Removal of Snow or Ice Required The owner or occupant of any property adjacent to a public sidewalk which is expressly designated as a snow and ice removal sidewalk by resolution of the City Council. shall remove all snow or ice from such sidewalk within twenty-four (?4) hours after its deposit thereon. Any snow or ice upon such designated sidewalk which is not removed as prescribed herein shall constitute a public nuisance. (2) City May Order Work Done. If any owner or occupant fails to remove snow or ice as required under this subdivision. and after notice given by the City has not within twelve (12) hours complied with this subdivision. the City may perform such work keeping accurate account of the costs thereof for each Iot. piece or parcel abutting the designated sidewalk The owner or occupant shall be personally liable and shall pay the costs within thirty (30) days of mailing of invoice by the City. (3) Assessment. When payment is not remitted as required herein, the City Clerk-Treasurer may at the next meeting. present such information to the City Council. The City Council may approve all or a portion of any snow or ice removal costs as herein provided as a special assessment against the abutting property and such special assessments shall. at the time of certifying taxes to the County Auditor. be certified for collection as other special assessments are certified and collected pursuant to Minnesota Statutes Section 429.101, A-a B. Placement of Snow or Ice Within Street Right-of-Way. itis-a w'sdemeaner- for any No person, net unless acting under a specific contract with the City or without special permission from the City, ;re shall place snow or ice Vi e kd p aee the sain in any street right-of-way. B. z Wti-n py~ e is auizw ted by the City A l e' tr to the per-soa to - J ~ or indirect costs of removing the " F- the tF e+ siide' ali' If net paiE 1 er- ~n .opefty as any C Violation Any violation of this Subdivision shall be a petty misdemeanor offense. Section 2 Eagan City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3 Effective Date. This ordinance shall take effect upon its adoption and publication according to law ATTEST: CITY OF EAGAN ' City Council v` By: E J. VanOverbeke By: Thomas A_ Egan Its. Clerk Its: Mayor Date Ordinance Adopted: / !5'- l 1 Date Ordinance Published in the Legal Newspaper: /t-I 9- 1 Sec. 7.05. Obstructions in streets. Subd. 6. Snow in streets or on sidewalks. A. Placement of snow or ice within street, sidewalk or trail right-of-way. No person, unless acting under a specific contract with the city or with special permission from the city, shall place snow or ice in any travel portion of any street, sidewalk or trail right-of-way. B. The owner or occupant of any property adjacent to a public street, sidewalk or trail right-of- way who deposits snow or ice in any travel portion of any street, sidewalk or trail right-of-way shall remove the deposit snow or ice within 12 hours after notice is given by the city. If the owner or occupant fails to remove the snow or ice as required in the notice within the 12 hours, the city may perform such work and the owner or occupant shall be personally liable and shall pay the cost within 30 days of mailing of invoice by the city. When payment is not remitted as required herein, the city clerk-treasurer may, at the next meeting, present such information to the city council. The city council may approve all or a portion of any snow removal costs as herein provided as a special assessment against the abutting property and such special assessments shall, at the time of certifying taxes to the county auditor, be certified for collection as other special assessments are certified and collected pursuant to Minn. Stat. § 429.101. C. Violation. Any violation of this subdivision shall be a petty misdemeanor offense.