Sidewalks put council in quandary

The Kalispell City Council is debating how and when it should crack down on building substandard sidewalks.

On Monday, the council delayed a decision until Oct. 17.

The immediate issue appears simple - should developer Dennis Carver be ordered to tear up and replace a significant number of sidewalks in the Ashley Park Subdivision? Those sidewalks were installed without a city-required six-inch gravel base and with inconsistent thicknesses in the concrete slabs.

But the council learned Monday that substandard sidewalks are more prevalent in Kalispell than its members originally thought.

That meant whatever the council makes Carver do will set a precedent for the city's dealings with other developers.

"What you do here is going to send a message to a wide degree," City Manager Jim Patrick said.

Carver could be ordered to replace the sidewalks or be allowed to keep the present sidewalks by guaranteeing their durability for a period of time. Periods of three, five or 10 years were suggested Monday.

But if Carver is allowed to guarantee his sidewalks, that means other developers could seek the same remedy without replacing any substandard sidewalks, the city's staff told the council.

If Carver is ordered to replace his sidewalks, he could end up being singled out for the most extreme city enforcement measure, while other developers dodge the replacement bullet on already installed substandard sidewalks, staff members also noted.

However, if Carver and all developers have to replace their current substandard sidewalks, that could be a long, expensive and inconvenient undertaking, some council members noted.

Clouding the picture was that the council did not have figures on replacement costs, the number of affected homes and how many recently installed sidewalks don't meet city specifications. The council wants those numbers when its tackles the matter in a workshop prior to Oct. 17.

"I think we're going to be impacting many, many residents in our community," Mayor Pam Kennedy said.

Meanwhile, council member Bob Herron said: "The developers who are doing it right want the others to be held to the same standards. … What about the homeowners when there's a class-action lawsuit against the city because we didn't uphold our standards?"

Reporter John Stang may be reached at 758-4429 or by e-mail at jstang@dailyinterlake.com.