08/22/1994 Council Minutes (2) - Laserfiche WebLink

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COUNCIL MEETING AUGUST 22, 1994 block party is proposing to block a portion of a through street. The blocking of through streets was discussed at the August 17, 1994 Council work session and the City Engineer was directed to get information from the League of Minnesota Cities Insurance Trust (LMCIT) regarding liability in the event that someone was injured on the street during the block party. Mr. Schneider explained that a letter has been received from the loss control attorney at LMCIT stating that it is clear that a City can close a portion of a street for recreational purposes. The letter also states that there is potential liability for the City anytime such an event occurs. The City has to exercise reasonable care to protect both the people who are using the closed off street and the people using the street which leads to the closed off portion. It is important that the City provide adequate barricades to insure the safety of everyone. The letter further states that the City should provide adequate instructions for placing the barricades and monitor the people so that it is done properly. The City may consider having an employee or a Police Reserve member on the scene. If the site of the party is a through street, the City should provide an alternate route for through traffic during the block party. This route should be well marked and this may be a particular issue of the through street is part if an emergency vehicle route. The letter continues by stating that there may also be potential liability if there are any defects in the surface of the street. It is important to inspect the street before granting the permit. If there are any defects, the City should make repairs, place a warning device at the defect or ask the party requesting the permit agree to take on the liability. Although block parties are a good way for bringing a community together. However, anytime the right-of-way is used for that purpose, there may be potential liability for the City. The letter writer suggests investigating any such request to limit the City's liability. Enclosed with the letter were documents that other cities have used to limit the liability during block parties. Mr. Schneider said that the basic suggestion of the LMCIT is that the City be more formal in providing barricades. It will be difficult to place barricades after normal business hours. Therefore, an employee would be called in on an overtime basis to set up the barricades and there would be a cost for doing this. In addition, the forms included with the LMCIT letter require that someone sign off on the liability. Mayor Reinert explained that in the past the City required such a signature. However, PAGE 26 1 1 1