01/03/1995 - City Council Special SPECIAL CITY COUNCIL MEETING
TUESDAY, JANUARY 3, 1995
5:00 P.M.
I. ROLL CALL AND ADOPTION OF AGENDA
II. SIDEWALK AND TRAILS MAINTENANCE STUDY
III. CAPON' ART PARK
IV. OTHER BUSINESS
V. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: DECEMBER 29, 1994
SUBJECT: SPECIAL CITY COUNCIL MEETING/TUESDAY, JANUARY 3, 1995
A special City Council meeting is scheduled for Tuesday, January 3, 1995 at 5:00 p.m. for
the purpose of: 1) Discussing preliminary information relative to maintenance and snow
removal for City trails and 2) discussion of issues regarding City policy relative to the
Caponi Art Park.
Trailways Maintenance Study
Enclosed on pages through is a memorandum from Administrative Intern Rys
outlining background materials concerning trailway maintenance. In particular, the memo
covers a previous study by the City's Maintenance Division regarding the costs, equipment
and manpower to provide this additional public service and background information with
respect to public liability and immunities from liability associated with snow removal and
other maintenance activities.
Also enclosed on pages — through /0 is a copy of correspondence typical of that
provided to residents to date on winter trailway maintenance.
The City Council had directed staff to initiate a review of this item for future consideration.
Preliminary background is provided at this time to begin the Council discussion of the merits
of such maintenance. Staff appreciated additional direction from the Council regarding the
elements about which the Council would like additional information to assist in its decision
making in this regard.
City Policy Regarding Caponi Art Park
The Council previously received a copy of correspondence from Tony Caponi, a copy is
enclosed without page number.
As stated by the City Administrator in a previous memo, a copy is attached without page
number, there appears to be a need for a clarification to Mr. Caponi of the City's policy
positions relative to the Art Park and its development. Staff has and will continue to carry
out the' Council's policy directives relative to this matter. Whether the Council wishes to
take the same policy decisions in the past or different ones, it may be appropriate for
correspondence to be prepared on behalf of the Council which clarifies these issues with
Tony. Staff would appreciate direction in this regard at Tuesday's meeting.
Other Business
There are no other items for Council consideration at the present time.
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City Administrator
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()IL MEMO
city of eagan
TO: CITY ADMINISTRATOR HEDGES
FROM: ROBERT RYS
DATE: DECEMBER 29, 1994
RE: SNOW REMOVAL POLICY FOR CITY TRAILS
As regards a snow removal policy along city trails, you asked me to research both the
increase in the total miles of trail within the City along with the liability the City would
assume if a snow removal policy were implemented.
In response to my inquiries, Ellen Longfellow, Loss Control Attorney for the LMCIT, has
drafted a letter addressing the liability issue (Attachment A). As she indicates in her letter,
the applicable laws are different when dealing with trails as opposed to sidewalks.
According to the attorneys at the League, little case law exists to help differentiate between
the two but it is generally their position that sidewalks are those walkways made of concrete
while trails are made of bituminous. Obviously, any final determinations regarding the
City's liability should be made by the City Attorney. With that said, my interpretation of
the League's position follows below.
As far as sidewalks are concerned, it appears that the League does not agree with the City's
current philosophy regarding a snow removal policy, which is essentially that by not
removing snow from the trail system the City has absolved itself from claims of liability.
The position of the League is that "generally, a city has the duty to exercise reasonable care
in the maintenance and inspection of its sidewalks...The city could be liable for any claims
if it had actual or constructive notice of the sidewalk problem." What level of service meets
the standard of reasonable care is, I think, a decision best left to the City's legal counsel.
However, it would appear that the City has some legal responsibility to maintain trails,
including removing snow, especially given the number of complaints the City has received.
Within this duty to maintain sidewalks, the City may avoid liability by asserting the following
immunities:
1) Discretionary Immunity: as the City has limited resources, the City may be immune
from claims related to conditions resulting from an inability to remove snow from the entire
trail system, assuming the allocation of resources is made by the Council and not by staff.
2) Snow and Ice Immunity: the City may be immune if someone falls on a natural
accumulation of snow and ice (on a sidewalk not adjacent to a public building or parking
lot). This immunity only applies when conditions are not affirmatively caused by the
negligent acts of the municipality.
The League is recommending that all cities develop regular inspection and maintenance
programs for their sidewalks.
3
December 29, 1994
Page two
The status of trails is similar to that of sidewalks, namely that the City has "the duty to
exercise reasonable care in the maintenance and inspection of its trails.' Within this duty,
the City may seek immunity under:
1) the ice and snow immunity stated above, and;
2)the Park and Recreation Areas Immunity.Under the park and recreation areas immunity,
the City may be held to be immune from claims which arise from a loss incurred by a user
of park and recreation property and services.
As is the case with sidewalks, Ms. Longfellow recommends that cities develop regular
inspection and maintenance programs for their trails and keep good records of those
activities.
In response to the second part of your question, the City now has 97 miles of trail within
the system. Of this, 18 miles are internal (they do not front on a street nor do they directly
link areas of the City) and thus the Council may want to consider excluding these trails from
a snow removal policy. Along with the 18 miles of internal trail, the City has several areas
where trails front both sides of the street (nearly the entire length of Pilot Knob, for
example).
One option which the Council may want to discuss would be to eliminate all internal trails
and the trails on one side of the street where trails exist on both sides. I think that such a
policy would be consistent with the discretionary immunity stated above. By not plowing
mternal and "duplicate" trails, approximately 42 miles of trail could be eliminated.
The 1994 costs of three snow removal options were calculated by compounding the annual
rates of inflation for the years 1988 through 1994 and applying that number (21%) to both
the labor and equipment costs identified in the original study prepared by Arnie Erhart and
John VonDeLinde for the 1988 - 1989 season. It should be noted that Maintenance staff
is contacting other cities to get a better feel for the current costs and types of equipment
being used in other communities. The Council will be receiving an updated cost and
equipment analysis at the January 3, 1995 Council Meeting if there is a discrepancy between
the numbers contained in the two studies. Attachment B show the most recent costs
associated with a system-wide policy, school-related trails only, and system-wide excluding
internal trails and the trails on one side of the street where trails front both sides.
If the Council decides to go forward with a snow removal policy, it might be worthwhile to
consider the following:
1) Consider the creation of a pilot program in 1995 - 1996 in which snow removal is
initiated in a limited portion of the trail system.
2) Discuss with the various school districts an agreement through which the City and the
schools share the costs and/or responsibilities for snow removal.
3) Some variation of options outlined in Attachment B.
Attachments
411/14
3490 Lexington Avenue North
League of Minnesota Cities St. Paul, MN 55126-8044
December 22, 1994
Robert Reese
City of Eagan Administrative Intern
3830 Pilot Knob Road
Eagan, Minnesota 55122
Re: Sidewalks and trails
Dear Mr. Reese:
I am the Loss Control Attorney for the League of Minnesota
Cities Insurance Trust. You asked for information regarding
the liability of a city for claims related to the conditions of
sidewalks and trails. The laws which apply could be different
depending whether it is a sidewalk or trail so I will deal with
these topics separately.
1. Sidewalks
Generally, a city has the duty to exercise reasonable care
in the maintenance and inspection of its sidewalks. They are
city sidewalks if they are within the city's street right of
way or within the city's platted area. The city could be
liable for any claims if it had actual or constructive notice
of the sidewalk problem. Actual notice is if someone told the
city about it or if a representative of the city knew of the
specific problem. Constructive notice exists if the city would
have known about the problem if it had exercised reasonable
care. This is why we recommend that cities develop regular
inspection and maintenance programs for their sidewalks.
Enclosed is an article discussing the basic elements of a
sidewalk inspection program.
We also recommend that cities have agreements with other
governments regarding sidewalk maintenance. For example, it is
common to have agreements between cities and counties and
cities and the state for sidewalks adjacent to county and state
highways. Enclosed is an article written by one of my
AN EQUAL OPPORTUNITY/ ACTION EMPLOYER
(612)490-5600 I-800-925-1122 plus your city code TDD(612)490.9038 Flu$12490472
colleagues regarding these issues.
Once a city has notice of a problem, the next issue is did
the city correct it within a reasonable time. What constitutes
a reasonable time can depend upon the circumstances. If the
city does not have the money or personnel to correct the
problem at that time, the city can develop a long range plan
over a period of time. It is important to note that the city
should still repair or place warning devices for any dangerous
conditions. The city may be able to assert discretionary
immunity (Minn. Stat. 466.03 Subd. 6) if a claim is related to
a condition that was the result of a discretionary decision
made at the policy making level such as by the city council.
There is also the possibility of ice and snow immunity for
claims on sidewalks under Minnesota Statute 466.03 subd. 4. I
have enclosed a copy of Minn. Stat. 466.03 with this and other
immunities available for cities. The snow and ice immunity may
apply if someone falls on a natural accumulation of snow and
ice on a sidewalk which is not adjacent to a publicly owned
building or a publicly owned parking lot. The condition must
not have been caused by any affirmative negligent act of the
city.
2. Trails
The city also has the duty to exercise reasonable care in
the maintenance and inspection of its trails. The ice and snow
immunity may also apply to trails. In addition, there also is
the possibility of using the Parks and Recreation Areas
Immunity of Minn. Stat. 466.03 subd. 6e.
We recommend as with sidewalks, though, that the cities
develop regular inspection and maintenance programs for their
trails and keep good records of those activities.
I hope that this information is helpful. If you have any
questions about it, please contact me. I am also sending this
information to your city attorney since it involves legal
issues.
Si
flay. /) .erely e
7
Ellen A. Longfellow
LMCIT Loss Control Attorney
enclosures
cc. Jim Sheldon, Eagan City Attorney
(.47
CONTRACTUAL SERVICES
COST ESTIMATES 1994
Option 1 - School-related trails
* 20 total miles
* 15 hours @ $90.75/hour = $1,361 per snow event
* 15 snow events @ $1,361 = $20,415 per season
Option 2 -System-wide
* 97 total miles
* 65 hours @ $90.75 per hour = $5,886 per snow event
* 15 snow events @ $5,686 = $88,027 per season
Option 3 -System-wide minus internal and duplicate trails
* 55 total miles
* 37 hours @ $90.75 per hour = $3,358 per snow event
* 15 snow events @ $3,358 = $50,037 per season
CITY SERVICES
Option 1 - School-Trails Only (20 miles)
* Capital equipment outlay (v-plow and snow blower) $21,780
* Operating costs (200 hours @ $24.20/hour) $4,840
* Personnel (2 seasonals @ $7.26/hour x 12 weeks) $6,970
TOTAL- SCHOOL RELATED TRAILS (First year costs) $33,590
Annual cost given estimated 12 year life expectancy $13,625
Option 2 - System-wide (97 miles)
Capital equipment
* V-plow and snowblower $21,780
* Articulating plows (2) $101,640
Sub-total $123,420
Operating Costs
* Bobcat (194 hours @ $24.20/hour) $4,695
* Trackless plows (388 hours @ $48.40/hour) $18,779
Sub-total $23,474
7 5
Personnel
* 4 seasonals @ $7.26/hour x 12 weeks $13,939
TOTAL SYSTEM-WIDE (First year costs) $160,287
Annual cost given 8 year life expectancy $52,841
Option 3 - System-wide minus internal and duplicate trails (55 miles)
Capital equipment
* V-plow and snowblower $21,780
* Articulating plows (2) $101,640
Sub-total $123,420
Operating Costs
* Bobcat (110 hours @ $24.20/hour) = $2,662
* Trackless plows (220 hours @ $48.40/hour) $10,648
Sub-total $13,310
Personnel
* 4 Seasonals @ $7.26/hour x 12 weeks $13,939
TOTAL SYSTEM-WIDE MINUS INTERNALS AND DUPLICATES
(First year only) $150,123
Annual Cost given a 10 year life expectancy $39,591
)7
41Pliiii.
city of acigcin
THOMAS EGAN
Mayor
PATRICIA AWADA
SHAWN HUNTER
SANDRA A.MASIN
November 28, 1994 THEODORE WACHTER Council Members
THOMAS HEDGES
City Administrator
MARIE B HUMBERT E.J. VAN OVERBEKE
1266 DEERRIDGE CT City Clerk
EAGAN MN 55123
Dear Ms. Humbert:
I received your letter of October 5 regarding the concerns you have about the safety of
walkers on Deercliff Lane and the lack of snow-clearing of the sidewalk on Denmark
Avenue.
The City's trails policy plan does not provide for the installation of sidewalks or bituminous
trails on residential streets. Currently, the City only provides trails and sidewalks on
streets which have been identified as"collector'streets. Sidewalks on residential streets,
are provided when they are determined to be a direct connection to an elementary school
Deercliff Lane does not fall under this definition. For a sidewalk to be considered on
Deercliff Lane, it would require a petition from the residents bordering the street on which
the sidewalk is to occur. This petition would then begin the feasibility study to determine
the cost and construction issues. A public hearing would be required and, if so ordered
by the City Council, the project would move ahead. Cost for this sidewalk would be
borne by the property owners as an assessment.
Enclosed is a copy of a petition form which can be used to obtain signatures if you care
to proceed with this course of action. The petition will require 35% of the affected
property owners to sign before a feasibility study would be ordered.
In regards to the clearing of snow on existing sidewalks and trails, the City Council has
previously determined a policy by which trails and sidewalks are considered three-
seasons. The City does not remove snow from sidewalks or trails, nor does the City have
an ordinance requiring adjacent property owners to do so. The three school districts
within the community-191, 196, and 197—do clear some trails and sidewalks directly
accessing their school locations. Presumably, the school is clearing the footpath which
leads from Denmark Avenue to the school.
MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY
3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY COACHMAN POINT
EAGAN.MINNESOTA 55122.1897 EAGAN.MINNESOTA 55122
PHONE.(612)681-4600 PHONE:(612)681-4300
FAX:(612)681.4612 Equal Opportu Affirmative Action Employer FAX:(612)681.4360
TDD:(612)4544535 TDD:(612)454-8535
Marie Humbert
Page 2
The City Council has previously determined that the trails should not be cleared because
of the financial implications. Clearly, with over 90 miles of trails and sidewalks in the City,
the City does not now have the necessary equipment nor manpower to do an expedient
job of trail-clearing after a snowfall. Because of the large financial obligation of providing
this service, the City has not undertaken this responsibility and has declared that city
trails and sidewalks are for three-season use.
I'm sorry that I am not able to respond to your request with forceful action. Unfortunately,
I am simply not able to assist you with this issue other than what I have outlined in this
letter.
Sincer y,
en Vraa
Director of Parks and Recreation
Enclosure
KV/
cc: Tom Hedges, City Administrator
HUMBERT.LET
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