Minutes - Public Works Committee - 05/15/2007

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Public Works Director Olson questioned how a contract would be administered in this fashion and how they will proceed with properties where the owner states they would like a different material after the work has been completed by the contractor. Councilmember Dehen suggested the possibility of this being handled as a City function. They may save money from not having the contractor doing this work and could have better relations with the residents. Councilmember Olson commented staff would need to be paid to do the work as well. Public Works Director Olson indicated staff could not likely complete the work as quickly as the contractor, and the City does not have the needed equipment. Public Works Supervisor Reimer indicated there is a staff of five employees to work on streets. Performing this work would significantly take away from work on potholes, signs, etc. He noted there were 4 complaints out of274 properties regarding the Class 2 last year. City Engineer Jankowski indicated in 2005, which was the first year this was done, there were 253 properties on 7 miles, with 4 or 5 complaints about the materials. Public Works Director Olson explained this policy would only be for mral street sections. Chairperson Elvig commented if the complaints are in the range of 4 out of 250 properties they could go back with topsoil on these properties. Councilmember Dehen stated he sees this as a problem on bends and intersections. He questioned if there is a problem on straight away stretches. Chairperson Elvig suggested a policy to use Class 2, 50 feet before and after corners and topsoil on straight away stretches. Public Works Director Olson explained there are occasions where the topsoil will wash away and they will then end up with the same situation where someone overcorrects because they accidentally went off the side. He questioned whether it is the City's liability if they do not have the shouldering material there to withstand the weight of a vehicle, and whether it would be better to error on the side of driver safety over aesthetics and put down Class 2. He noted if someone wants to maintain their lawn they can take out the Class 2 and put in what they want. Councilmember Dehen pointed out there is tort immunity for planning level decisions. He would think it would be tough for the City to get sued on a planning level decision, which this appears to be, balancing safety and aesthetics. He asked what the recommendation is of Mr. Olson, and asked whether it would be difficult to administer a policy of putting down Class 2 in the corners with topsoil in other areas. Public Works Director Olson indicated a policy with Class 2 on intersections and curves could be done. It would be better than making the decision property by property. However, they Public Works Committee / May 15, 2007 Page 8 of 11