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HomeMy WebLinkAboutAdmin Order 58-20-24-FAdministrative Order - Page 1 of 2 ADMINISTRATIVE ORDER NO. 58-20-24-F of the City Manager of the City of Eugene SETTING SIDEWALK AND DRIVEWAY APRON REPLACEMENT AND GRINDING MAINTENANCE SERVICE FEES AND SUPERSEDING THE FEE SCHEDULE ADOPTED BY ADMINISTRATIVE ORDER NO. 58-19- 12-F. The City Manager of the City of Eugene finds as follows: A. Section 2.020 of the Eugene, Code, 1971 (EC), authorizes the City Manager to determine and set fees and charges to be imposed by the City for services, goods, use of municipal property, and licenses and permits. EC 7.154 provides that if sidewalk repair or reconstruction is performed by City forces, the owner be charged fees established by the City Manager pursuant to EC 2.020 to cover the costs of the work, including supervision, inspection, billing, overhead, and whatever additional costs and extraordinary aspect the work entails. B. Pursuant to the above authority, on August 9, 2019, the City Manager issued Administrative Order No. 58-19-12-F making the most recent changes to the Sidewalk and Driveway Apron Replacement and Grinding Maintenance Services fees and adopting an updated Sidewalk and Driveway Apron Replacement and Grinding Maintenance Services Fee Schedule C. On November 17, 2020, I issued Administrative Order No. 58-20-24 ordering that notice be given of the opportunity to submit comments on my proposal to set new Sidewalk and Driveway Apron Replacement and Grinding Maintenance Services fees. The Notice specified that comments would be received for 15 days from November 30, 2020, the date of posting and publication of the Notice. No comments were received within the time or in the manner described in the Notice. D. Based on my investigation pursuant to the provisions of EC 2.020, I find that the fees should be set as proposed. (See Exhibit B to this Order.) E. The unamended Sidewalk and Driveway Apron Replacement and Grinding Maintenance fees adopted by Administrative Order No. 58-19-12-F are incorporated into the Fee Schedule attached as Exhibit A to this Order. On the basis of these findings, I order that: 1. The Sidewalk and Driveway Apron Replacement and Grinding Maintenance Services Fee Schedule attached as Exhibit A to this Order is the schedule of fees to be charged for the described services effective January 1, 2021. ("the Fee Schedule"). Administrative Order - Page 2 of 2 2.The Fee Schedule attached to Administrative Order No. 58-19-12-F is superseded by the Sidewalk and Driveway Apron Replacement and Grinding Maintenance Services Fee Schedule attached as Exhibit A to this Order, effective January 1, 2021. Dated and effective this _____ day of 202 . ___________________________________ Sarah Medary City Manager 21st January 1 ----' ~ ~ SM MR Exhibit A to Administrative Order No. 58-20-24-F Page 1 of 1 SIDEWALK AND DRIVEWAY APRON REPLACEMENT AND GRINDING MAINTENANCE SERVICES FEE SCHEDULE (Effective January 1, 2021) Service Fees Through June 30, 2021 July 1, June 30, 2022 July 1, June 30, 2023 July 1, June 30, 2024 After June 30, 2024 Sidewalk Replacement One-time mobilization fee $600 $600 $600 $600 $600 Fee per sq. ft. (minimum 25 sq. ft.) For additional thickness in concrete calculated using current concrete cost multiplied by additional concrete quantity. $13 per sq. ft.@ 4" $13.26 per sq. ft.@ 4" $13.53 per sq. ft.@ 4" $13.80 per sq. ft.@ 4" $14.08 per sq. ft.@ 4" Driveway Apron Replacement One-time mobilization fee *One-time mobilization fee waived if sidewalk replacement is being performed in conjunction with driveway apron replacement $600* $600* $600* $600* $600* Fee per sq. ft. For additional thickness in concrete calculated using current concrete cost multiplied by additional concrete quantity. $16 per sq.ft. @ 5" $16.30 per sq.ft. @ 5" $16.63 per sq.ft. @ 5" $16.96 per sq.ft. @ 5" $17.30 per sq.ft. @ 5" Grinding Fee per linear ft. (minimum 5 linear ft.) $31 per lineal ft. $31.62 per lineal ft. $32.25 per lineal ft. $32.89 per lineal ft. $33.55 per lineal ft. Fees may be reduced by up to $1000.00 for property with one single-family dwelling, where the property owner applies for and meets City of Eugene Low-Income Subsidy qualification criteria, subject to funding. 2021- 2022- 2023- beyond 4", additional fee will be beyond 5" additional fee will be Exhibit to Administrative Order No. 58-20-24 Proposed Sidewalk and Driveway Apron Replacement and Grinding Maintenance Services Fee Schedule Amendments Pursuant to Section 2.020(2) of the Eugene Code, 1971, the City Manager has considered the following factors in determining the proposed Sidewalk and Driveway Apron Replacement and Grinding Maintenance Services fee amendments: (a) Applicable policies, enactments and directives of the Council. Findings: If the work is performed by city forces, the owner shall be charged at a rate established by the city manager pursuant to section 2.020 of this code which shall cover the costs of the work, including supervision, inspection, billing, overhead, and whatever additional costs any extraordinary aspect of the work entails. If the work is performed under private contract, the owner shall be charged the amount actually paid to the contractor, plus a charge for supervision, inspection, billing, interest on warrants and overhead, as established by the city manager pursuant to section 2.020 of this code. (b) The amount charged by the City in the past. Findings: Current charges under AO #58-19-12-F; Service: Fees: Sidewalk Replacement .......... 25 sq. ft.) (Additional thickness add material costs) (One-time mobilization fee) Driveway Apron Replacement ......................... (One-time mobilization fee; fee waived if sidewalk replacement is being performed in conjunction with driveway apron replacement.) (Additional thickness add material costs) Grinding................................. B -F City Manager's Findings EC 7.154 Sidewalk and Culverts -Repair and Reconstruction -Charges $600 mobilization fee plus $12 per sq. ft. @4". (Minimum $600 mobilization fee plus $15 per sq. ft. @5". $30 per lineal ft. (5' minimum) Findings -Page 1 Exhibit to Administrative Order No. 58-20-24 (c) The full costs of providing the service supported by the fee. Findings: Full costs for providing services were included in the findings for approval of AO #58-19- 12-F. New proposed Administrative Order for amending current rates is consistent with Memorandum to Mayor and Council dated August 12, 2019, which states that additional adjustments to rates is necessary to bridge the gap and would be done in a two-year approach. (See Attachment 1) (d) The amounts charged by other comparable providers. Findings: In 2019, Public Works reached out to other jurisdictions to consider the practices and cost of similar programs. Locally, several contractors that do this work were also surveyed and their costs were considered as part of the decision process to increase fees shown in AO #58-19-12-F. (See Attachment 2) (e)The revenue needs of the City as determined by the adopted city budget. Findings: FY 21 - $165,000 Factors listed above that are irrelevant or inapplicable in determining the amount of the fees, if any: B -F Findings -Page 2 Attachment 1 to Ex. Memorandum Date: To: From: Subject: Sidewalk -19-12-F) This memo is providing notice pursuant to EC 2.020(5) that fees in excess of $250 were recently increased by Administrative Order. Property owners have several options available when sidewalk or driveway apron maintenance is necessary within the right-of-way. One of the options is to contract with Public Works Maintenance, when resources are available, for the repair. Fees for the said repairs are established by AO to cover the cost of repairs and overhead. Other options for repair include doing their own work or hiring a private contractor. Recently, a review of program cost identified a gap in cost recovery. The increase necessary to bridge this gap was enough that a two-year phase in approach was chosen. This AO is the first step toward covering program cost and will likely be followed next year with an additional adjustment. Following a review of program cost and prior to proposing an increase in fees for this type of work, Public Works reached out to other jurisdictions to consider the practices and cost of similar programs. Locally, several contractors that do this work were also surveyed and their costs were considered as part of the decision process to increase fees. The proposed amendment to adjust fees was published in the Register Guard and posted at City Hall, and comments were received for 15 days following posting. No comments were received on the proposed fee amendment. For further information please contact Damon Joyner, Surface Maintenance Supervisor at Djoyner@eugene-or.gov or 541-682-4835. •~ublic Works Maintenance August 12, 2019 Mayor and City Council Damon Joyner-Surface Maintenance Supervisor and Driveway Apron Maintenance Fees Amended (AO #58 City of Eugene • 1820 Roosevelt Blvd. • Eugene, OR 97402 • 541 -682 -4800 • 541 -682 -4882 Fax www.eugene -or.gov B Attachment 2 to Ex. SIDEWALK RESPONSIBILITY BY JURISDICTION 2019 CITY OF BEND- 3.30.030 Curb, Sidewalk and Driveway Approach Construction and Repair. The City Council may order adjacent property owners to construct, alter, repair or remove curbs or sidewalks or driveway approaches. The City will provide written notice to the adjacent property owner, giving the property owner at least 30 days to complete the work. The time period may be shortened if needed to remove a safety hazard. The notice shall state that the City will perform the required work if not timely completed by the property owner and impose the cost of the City’s work, including administrative costs, as a lien on the adjacent property. [Ord. NS-2182, 2012] No in-house repair crew. Inspector inspects and prioritizes. Documents site and send letter for response in 10 days. 2nd letter is sent out if no response. Spoke with Paul in April 2019. CITY OF SALEM- City of Salem responsibilities The City of Salem has the following responsibilities: Maintain sidewalks constructed prior to 1992, until such time that the sidewalk has been certified as meeting acceptable standards of the City, at which time the responsibility transitions to the owner of the adjacent property. Repair sidewalks when a City-owned tree has caused damage to the sidewalk. Maintain all corner curb ramps Property owner responsibilities Property owners have the following responsibilities: Maintain sidewalks constructed after 1992, or sidewalks that have been certified as meeting acceptable standards of the City. Maintain all walkways and driveways between the curb line and the property line. Report dangerous conditions in the sidewalk, including those caused by trees in public rights-of-way. Keep sidewalks clear of construction materials, vehicles, debris, vegetation, snow, and ice at all times. Salem has a budget for sidewalk repair (3 crews – 2 five person teams and a 2 person grinding and patching team.) Areas for repair are identified and worked through on a priority basis. Wait times can be extremely long. If a property owner does not want to wait they can have it repaired by contractor at their expense. Spoke with Brandon Klouchs March 2019. • • • • • • • B CITY OF PORTLAND- Property owners’ responsibilities to repair sidewalks: As in many other cities, the Portland City Code states that property owners must keep sidewalks in good repair so that they are free of tripping hazards and other safety hazards for pedestrians and people in wheelchairs. Transportation Bureau inspectors assess sidewalks and notify the property owner of needed repairs. In the event timely repairs are not made by the property owner, the Transportation Bureau hires a private contractor to make the repairs and bills the property owner for the costs. - Every 2 years contractors bid for a price on sidewalk repair. This price is usually extremely high and is a “worst case scenario for property owner attached to enforcement letter.” Contractors are aware of inspection schedule and submit lower bids to property owner. 12% of property owners have City of Portland repair. Spoke with Ryan Hoyt March 2019 CITY OF GRESHAM- City of Gresham – Property owners responsible for maintenance. No inspection schedule (complaint driven for sidewalk.) Gresham Just started a full time concrete crew 8 months ago and have been focused on ADA ramps. They will transition to sidewalk once they get the program running. Property owner are using contractors currently. They are in process of figuring out program cost. Spoke with Don April 2, 2019. CITY OF HILLSBORO- If the repairs are not complete within 60 days after the notice is mailed or posted under HMC 9.16.010(C)(2), the city may perform the necessary work and assess the property owner(s) for the cost including administrative, legal, and engineering expenses not to exceed 15 percent of construction costs. (Ord. 6068 § 1, 2013) Spoke with Brad. No in house repair. Possible in future. Owner maintained. 3 compliance letters. They do have on call contractor for emergency situation that will back bill or lien property. He thought that price is $20 sq.ft. CITY OF BEAVERTON- City of Beaverton- 3.06.015 Duty to Construct, Repair and Clear Sidewalks, Curbs and Monolithic Curbs and Gutters; Liability for Damage or Injury. A. A person owning land abutting any public right-of-way has the duty to construct, reconstruct, repair and maintain abutting sidewalks, curbs and monolithic curbs and gutters so as not to present an unreasonable risk of danger to person or property, except as provided in subsection C of this section. B. A person owning land abutting any public right-of-way hereby is declared liable for any and all claims of personal injury or property damage that may arise from the person’s negligence in failing to keep a sidewalk, curb or monolithic curb or gutter abutting the person’s property in such repair as not to present an unreasonable risk of danger to person or property. C. A person shall be relieved from the obligation imposed by subsection A of this section if the person notifies the City in writing of the need for reconstruction, maintenance or repair and the city engineer determines that: 1. The sidewalk, curb or monolithic curb and gutter in question is part of an arterial or collector street, that the abutting property is not entitled to a curb cut or driveway on to that street, and that the abutting property is a through lot required to be screened from the abutting right-of-way by fence or landscaping such as to disallow direct pedestrian access to the right-of-way from the property; or, 2. The sidewalk, curb or monolithic curb and gutter in question was constructed by the City within the last year and the risk of danger arises more from defective material or workmanship than from external forces. The city engineer’s determination shall be sent in writing to the property owner and shall be final unless within ten days from the date the determination is sent, the property owner files with the City Recorder a written notice of appeal of same. D. Nothing in this section is intended to relieve a person owning property abutting the right-of-way from the liability imposed by subsection B of this section, unless and until the property owner notifies the City as provided in subsection C of this section and the City’s resulting nonfeasance or malfeasance is held to constitute a supervening cause of any personal injury or property damage arising from the condition of the property after the property owner gives notice. [BC 3.06.015, amended by Ordinance No. 3604, January 25, 1988.] Mark Olson out of town. Left voicemail. Spoke with Kiffy in front office. She said property owners are responsible for finding a contractor. CITY OF LAKE OSWEGO- Sidewalks are the responsibility of the adjacent property owner to maintain and keep free of debris. Broken sidewalks that are damaged by tree roots or other causes should be repaired to provide safe pedestrian access. CITY OF ROSEBURG- The owner of land or real property abutting a sidewalk, retaining wall, driveway, drainage facility, culvert or other improvement shall maintain such improvements in good repair and safe condition. Any repair or replacement of sidewalks requires a permit to be obtained from the Public Works Department prior to commencing the work. The City of Roseburg does have a sidewalk rehabilitation program, available for residential areas only. The program requires the property owner to pay for the cost of materials and the City will absorb the cost of the labor.