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City staff flags conflict between resurfacing practice and code over private sprinklers in right‑of‑way
Summary
Staff told the committee the city has been repairing private irrigation systems damaged during resurfacing even though city code places such improvements in the right‑of‑way at the owner's risk.
City staff raised a code‑compliance question on Feb. 26 about private underground irrigation systems installed in the public right‑of‑way and the city’s resurfacing projects. Under the city code cited in the meeting, privately installed improvements in the right‑of‑way are placed “at the owner's risk” and the city is not required to repair them if they are damaged during city utility or maintenance work.
Staff said that despite the code, the city has historically repaired a number of these systems after resurfacing work and presented three years of repair counts and costs to illustrate the impact. The presenter said the city assumed roughly 40 repairs per year after resurfacing projects. Reported repair totals were: 2022 — 28 repairs at $50 each (~$1,400); 2023 — 24 repairs (approx. $1,600); 2024 — 164 repairs at $75 each (~$12,300). Staff said that from 2022–2024 they replaced 216 sprinklers at a total cost of about $15,332.
Staff framed the choices as twofold: follow the city code and stop repairing private fixtures in the right‑of‑way, or amend the code to authorize repairs and continue the current practice. Several council members and staff emphasized the need for clearer public engagement and pre‑construction notices to homeowners on resurfacing projects so property owners understand the risks. Staff described plans for a construction notice to be mailed before resurfacing begins, and said the city is building GIS and capital projects tools to display project status and outreach materials.
Committee members raised practical considerations should the council choose to change the policy: whether to grandfather existing systems, whether to cap amounts the city would cover, the potential for complex disputes over warranty and brand choices, and that a broader change could extend beyond sprinklers to other private improvements placed in the right‑of‑way. A participant with municipal experience recommended clear preconstruction handouts telling homeowners to mark private infrastructure and explaining the city’s policy.
Council consensus at the meeting was to let the issue “marinate” and continue discussion at a future meeting rather than change policy immediately. Staff recommended either bringing code language to reflect the current practice or, alternatively, enforcing the existing code and increasing preconstruction engagement. No ordinance change was made at this meeting; the item was tabled for follow‑up.
