Council considers sidewalk assessments, curb/gutter repairs

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SIDNEY — It’s that time of year when the city of Sidney seeks payment for last year’s sidewalk repairs and looks ahead to curb and gutter repairs planned in 2016. Sidney City Council Monday night considered legislation dealing with these projects.

Council introduced an ordinance that would assess the cost of the 2015 sidewalk construction and repair program. For property owners who did not complete their own sidewalk repair and/or construction during 2015, a city contractor completed the work, Engineering Manager Randy Magoto said. The city Engineering Department itemized these assessments and gave a list of property owners to the clerk of council on Nov. 6.

At the same time, the department sent courtesy letters to the property owners who had sidewalk repairs completed by the city contractor, noting their estimated sidewalk replacement costs as well as their option to object to the amount of the proposed assessment. For three weeks in November, the list was published in the Sidney Daily News. During the two following weeks, property owners were given time to object to the amount of their assessment.

The city staff received one written objection concerning the ability to pay for the sidewalk work, Magoto said. Staff reviewed the objection and determined that the work was warranted per the city’s engineering standards and that options for payment would be available to the property owners. Magoto provided council with a copy of the objecting property owners’ letter, which told of medical and financial problems that affected their ability to pay.

Councilman Steve Wagner asked if the city had “reached out” to the property owners and wondered if there were any agencies that could help. Magoto answered that the city had provided the owners with payment options. Councilman Darryl Thurber also was concerned about the owners’ ability to comply with the options.

“I don’t know of any agency that pays for sidewalk,” Mayor Mike Barhorst said.

According to a list of properties to be assessed, the total for the property in question is $717.67, which includes 6 percent interest over five years and the auditor’s fee.

Notices of payment due will be sent to residents two weeks after the adoption of this ordinance. Property owners will then be given 60 days to pay the bill or have it placed on their property taxes over a five-year period through the County Auditor’s Office.

Council will consider adoption of the ordinance at its Jan. 25 meeting.

Council passed a resolution of necessity as the first step required for the 2016 curb and gutter program, which will require property owners to repair or replace the curb and gutter in front of and adjacent to their driveways. Previous to 2008, property owners were responsible for replacement of any curb and gutter in front of their property. A ordinance later changed this to make property owners responsible to only replace the curb and gutter in front of and adjacent to their driveways.

Assistant City Manager/Public Works Director Gary Clough said total estimated curb and gutter needing repaired/replaced this year is 28,000 linear feet at an estimated cost of $850,000. This includes about 7,200 feet that is driveway or adjacent to the driveway and therefore the responsibility of approximately 386 property owners. Courtesy letters have been sent to each of these owners to alert them of the pending curb and gutter repair/replacement.

Responding to a question from Councilman Ed Hamaker, Clough said a property owner can repair all the curb and gutter adjacent to the driveway, even if the city has not designated a section as needing to be repaired. Hamaker said an owner might wish to do this so that the area blends in.

In another new-year action, council passed a resolution authorizing the city manager to advertise for bids for various items and projects. The proposed bid items were included in the 2016 budget, which council adopted late last year. City Manager Mark Cundiff said if bids come in higher than expected for a particular item, he would bring the matter back to council.

Other ordinances introduced Monday night would assess the cost of demolition of a dangerous building and would amend rules for membership on the Sidney Tree Board.

The building demolition stems from a fire in March 2015 that heavily damaged the residence at 899 Hayes St. In the aftermath of the fire, the owners, Annette and Ralph Chadwell, did not remove debris, secure the structure, make repairs, or raze the residence as required by the city’s codified ordinances, despite multiple contacts via phone and letter, Community Services Director Barbara Dulworth said.

On Sept. 1, an administrative search warrant was issued to allow the building inspector to evaluate the structure. The inspector determined that the structure was dangerous due to the potential for collapse. The owners were notified of the dangerous building and were given 30 days to raze or repair the structure. The time period for abating the dangerous situation expired Oct. 3. At that time, the city solicited bids from demolition contractors to raze the building and awarded the contract to Spearman Brothers Inc. at a cost of $6,800. The demolition was completed in November. An invoice for that amount was sent to the owners, but no payment has been made, Dulworth. This ordinance would assess the city’s cost to the real estate.

Concerning the Tree Board, currently the ordinance states that the board “shall consist of five members who are citizens and residents of the city, and who shall be appointed by council.” There has been discussion among members that rather than requiring that the board be composed of citizens, that the membership criteria be expanded to include others with expertise or genuine interest in urban forestry. The ordinance would be amended to read that the board, “appointed by council, shall consist of five members who may be residents of the city, own property or otherwise have an economic interest in the city, or have expertise that would benefit the board and as a result, the Sidney community.”

Barhorst said the proposed change is an effort to “reach out and get some experts on the board.”

By Michael Seffrin

[email protected]

The writer may be contacted at 937-538-4823.

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