Fenton Council Discusses Fixing Tripping Hazards, Bringing Back Sidewalk Program

Tree roots, private construction projects and age are taking a toll on some of Fenton's sidewalks. After years of not having a sidewalk program, city council is discussing how to bring it back and start fixing tripping hazards.

According to Fenton ordinance, abutting property owners are responsible for maintaining sidewalks. Fenton officials want to resolve tripping hazards, while giving citizens some relief on the cost. The city has $100,000 to work with, and it costs a little more than $100 per square to replace sidewalk, said Department of Public Works Director Daniel Czarnecki. Fenton would pay half of the cost if the contractor it hires fixes it, while the property owner would pay the other 50 percent. This is what the city has done in the past, sometimes setting up a special assessment district where property owners can pay their half over time. Treasurer Cindy Shane told Czarnecki that, in some years, Fenton allowed three to five years for property owners to pay the city back, with 6 to 7 percent interest.

There is a process for setting up a special assessment district, Mayor Sue Osborn said.

City attorney Stephen Schultz said homeowners could sign a loan agreement instead. If they don't pay, the city would have a simple claim against them, for a small claims court decision.

Some property owners might decide to do the work themselves, Czarnecki said. After marking sidewalks with 2-inch tripping hazards, for example, and informing the property owners, Fenton would give people 30 days to fix it on their own. After that, the city-hired contractor would come in and replace the problem sections of sidewalk in that area to remove tripping hazards.

Czarnecki suggested dividing the city up into five sections, tackling sidewalk problems in one at a time. This would save Fenton money, since it costs more to have contractors moving from place to place.

"There are a lot of tripping hazards out there, no doubt," he said. "You've got to start somewhere."

Osborn said she believes State Road was the last area the city covered for a sidewalk program, because it was a route to . The city had Safe Route to School funding. It has replaced a lot of sidewalks near schools, including the East Street and North Road areas.

Councilwoman Cheryl King raised the issue of adding trees along sidewalks on North LeRoy Street, as the planning commission has discussed. These would get bigger, possibly impacting sidewalks. But, she doesn't want to not have trees.

Czarnecki said maple trees in particular create problems with sidewalks when people water their lawns a lot. Maple tree roots grow near the surface and move where there is moisture. But there are products to keep roots from reaching under sidewalks and lifting them.

In addition, he said fixing areas of sidewalks might require cutting some tree roots. If the tree is damaged enough, the city would need to remove it so it doesn't fall across the road onto someone's car. He has experience with sidewalk programs in other communities, Czarnecki said, in response to a question from Osborn.

Councilman Tim Faricy said some property owners might want to replace other sections of sidewalk in front of their land, in addition to sections with tripping hazards, and contract with the firm the city hires.

Czarnecki said his experience is, many property owners want to get the entire area fixed for 50 percent off. If Fenton allows them to get the sidewalk replaced at one time, with the contractor it hires, the city needs to be careful, mark it out and document it properly.

Faricy suggested using a local contractor. He believes the price would be better, and it would save overhead costs on engineers.