Laserfiche WebLink
<br />into the driveway sections. At the time the development was done there was no idea of where the <br />driveways would go. It has been their observation that just because a sidewalk is 6 inches it does <br />not mean it will not be damaged. They are seeing that the vast majority of sidewalks that cracked <br />were cracked during construction due to the trucks driving over them. <br /> <br />Chairperson Elvig stated there is no question the sidewalks should have been 6 inches. Written <br />specifications always trump a section drawing, especially when it is backed up by MnDOT <br />standards. He noted from Mr. Black's statements, he does not think this is necessarily a money <br />issue. The Committee had the debate earlier regarding who will take responsibility for the <br />sidewalks after the fact and whether there is exposure to the developer or the City in not having <br />all of the sidewalks at 6 inches. It was concluded earlier that the City would take that risk. <br /> <br />Assistant Public Works Director Olson indicated there was discussion at the last Committee <br />meeting about replacing all of the sidewalks. Staffs recommendation was to replace the <br />driveway sidewalks that are cracked. There would be exposure for the City, and it would help to <br />cover that exposure if residents saw that the City was replacing driveway sidewalks and said their <br />sidewalk is substandard as well. <br /> <br />Chairperson Elvig indicated the question is whether the City takes on the replacement of the <br />sidewalks. Mr. Black has said he is willing to take on another year of warranty with the <br />sidewalks at 4 inches. <br /> <br />Councilmember Olson asked if there would be a time limit if the City were to take this over. <br /> <br />Public Works Director Kapler replied it will be the City's responsibility in the long term after the <br />warranty term runs out and the City takes on the operations. <br /> <br />Chairperson Elvig asked what a reason warranty would be. <br /> <br />Assistant Public Works Director Olson replied the warranty is generally one year after <br />completion and acceptance. <br /> <br />Chairperson Elvig asked if the real concern is that these sidewalks could break down in 3 years <br />versus 15 years. <br /> <br />Assistant Public Works Director Olson responded in the affirmative. He stated there is the <br />possibility that there would be a resident uprising by residents whose sidewalks are not replaced. <br />Staff does not want to replace the sidewalks that are currently not cracked. There is a <br />specification that driveway sidewalks should be 6 inches, which staff communicated to the <br />contractor prior to construction. Staff again communicated this to the contractor the day it was <br />happening, and he has heard now that was not even the construction foreman. He stated staff is <br />trying to communicate to the best of their ability to multiple developers, engineers, and owners. <br />He hopes they can come to an amicable solution, but does not want to set a precedent where a <br />deal is cut if when a specification is not followed, such as establishing this as a 4-inch <br />neighborhood. <br /> <br />Public Works Committee/May 17,2005 <br />Page 8 of 12 <br />