PRECA 03-02-1994 - Laserfiche WebLink

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. ~~ ci1y of ~~ . =~- %~1~~ ~~~ ...:.. the city that works for you MEMORANDUM TO: Mayor and Council Members FROM: Matt Fulton, City Manager ~~ .DATE: January 20, 1994 SUBJECT: Pazk Development Plans Within Innsbruck Second and Fifth Additions At its January 5, 1995 meeting, the Park Board approved a comprehensive motion incorporating their desires as it relates to the proposed pazk development within the Innsbruck Second and Fifth Subdivisions. The staff memorandum and park board motion is being forwarded to the council for consideration at their January 25th, 1994 meeting. As part of its motion, the Pazk Board recommended that aportion- of the trail system extending from Black Oak Drive to the gazebo be constructed at a six foot width and be made of an asphalt material. The Park Board made this recommendation subject to my review as to the potential municipal liability exposure resulting from a trail width narrower than accepted recreational standards. I have had an opportunity to review this issue directly with our risk managers from Berkley Risk Services, Inc., and have concluded the following: 1. The acceptable width and standard of a recreational trail is eight feet. 2. The municipal construction of a trail narrower than the accepted eight feet does increase the - municipality's potential liability exposure if an accident occurs, either directly or indirectly, as a result of the trail being the narrower width. Municipal recreational immunity from liability incidents does not exist in Minnesota. 3. The equipment used for constructing asphalt trails is designed to create an eight foot trail width: -The construction of any trail narrower than this would require that it be done manually at a greater cost. 4. Furthermore, the city forester has been able to work with the adjacent property owner where the trail width was most critical, and have determined that it is possible to forestate the azea adequately to create a "barrier" from the trail. Based on all: of these factors, it would be my recommendation that no trail be constructed within the proposed pazkland area at a width narrower than eight feet due to the potential liability explore it presents, as well as the increased cost of constructing the trail which would result from a narrower trail width. 803 Fifth Avenue NW • New Brighton, MN 55112,• (612) 633-1533