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HomeMy WebLinkAbout1995-11-13 96-19 ORDERCOORCIL ACTION Date: 11-13-95 Item No 96-19 Stem/Subject: ORDER, Directing Appropriate City Staff to Take the Necessary Actions to Establish a Proposed Soap -Box Derby Rally Site on Webster Avenue Responsible Department: City Manager Commentary: The City of Bangor Me been contacted by Dick Campbell, representing the Board of Directors of the newly formed Eastern Maine Soap -Box Derby, Inc., in regard to City support for returning thesoap-box derby to the Bangor -Brewer area. Specifically, this organisation has requested that the City work with them to establish a proposed rally site on Webster Avenue adjacent to the Golf Course. This site would be used for practice events as well as periodic rallies in which soap -box derby participants would compete. In order to allow for such a use, a section of Webster Avenue would require repaving. The attached memo from Tim Ring, City engineer, addresses the estimated coats for such repaving. This request was discussed at the last Finance Committee meeting which looked at the issues of repaving the street, the proposed uses of the area, the potential Impact which such a course might have on.golf course operations, and associated liability issues. various memorandum are attached on these subjects. The Finance Committee recommended that the City proceed with cooperating with the Eastern Maine Soap -Box Derby, Inc. to establish this course. The attached Order would implement this recommendation. Manager's Comments: Associated Information: Order, City Manager's Memo, Parke and Recreation Director's Memo, City Engineer's Nemo, City Solicitor's Memo (abridged with w/o attachments) F Legal Approval: o . &w .... ...., .CITY sozicimRV .IAtroduced For passage First Reading Page of Referral 96-19 Assigned to Counedw Soucy November 13, 1995 CITY OF BANGOR (TITl6) (DybP.T;......... ... Directing Appropriate _City Staff.. to. Take _the._. Necessary Actions to Batablish a Proposed Soap -Box Derby Rally Site on Webster Avenue By Nw City Counal of Sts calefSensor: ORDERED, THAT that appropriate City staff Is hereby directed tt undertake the necessary activities to assist in the establishment of a rally course in conjunction with Eastern Mine Soap -Box Derby, Inc., for soap -box derby events; and BE IT FURTHER ORDERED, THAT the amount of $7,300 be made available from the Golf Course Fund for paving a portion of Webster Avenue; and BE IT FURTHER ORDERED, THAT the City Engineer begin the process of discontinuing a portion of Webster Avenue for this purpose; and BE IT FURTHER ORDERED, THAT the City Solicitor prepare the necessary lease agreement with Eastern Mine Soap -Box Derby, Inc., for the use of this area. t a ..a..; .' 96519 'IN CITY COUNCIL 0 R D E A .November, 33, 1995 'Passed klbard Campbell, Co- - Title, Directing Appropriate City - Chair Eastern Main Soap- "Staff to Take the Necessary actions Box Derby, urged passage of to establish a Proposed Soap -Box this order Dei6y'ReIIy'SiEe'do'xle6sEer ABenue' ... CITY CLERK '...................................... Amped to to COuneilmen R is 96-19 MEMORANDUM To: Dale Theriault, Parks and Recreation Director Jim Ring, City Engineer Erik Stumpfel, City Solicitor Charlie Mitchell, LOSS Control Specialist From: Edward. A.-1aweetq--City Manager Re; .Soap -Box Derby Date: October 1S, 1995 1,ve recontly,been contacted by Dick Campbell in regard to his desire to approach the City Council for support in returning the soap -box derby to the Bangoz/Brewer area. As I understand it, he will be requesting Council support including authorization to use a portion of Webster Avenue adjacent to the Golf Course as a practice c In order to do this, he will be requesting that the city repave thisuarea. I have tentatively scheduled a presentation before the Finance Committee On November 6, 1995. In order to prepare for this, we need to review and/or provide the following information. (1) Cost estimate for repaving (Jim Ring) (2) Nature and extent of asof this street (Dale Theriault) (3) Parking needs/impacts, especially ort Golf Course (Dale Theriault) (9) Potential impact of such use on Golf Course customers (Dale Theriault, Brian Enman) (5) Liability exposure, if any, and extent of same from proximity of this course to the Golf Course recognizing that a tee and a fairway run adjacent to a long stretch of Webster Avenue and golf shots can easily land in the street (Erik Stumpfel, Charlie Mitchell) (6) Any potential alternative sites where the City expenditure to repave a street would have greater benefit (All) (7) opinions on the desirability of the proposed location (All) Your views and comments on these subjects will he very helpful. Please respond to this request by October 30, 1995 so that the information can be provided in advance to the Finance Committee. 96-190A 1- PARKS & RECREATION DEPARTMENT DAE W. wMAULr ebrmd am, R...1mS. Uinaer mmiwmundrv+ MENTO TO: Ed Barnett, City Manager FROM: Dale Tbermult, Parks & Recreation Director SUBHCF. Soap Box Derby DATE: October 27, 1995 to response to your memo regarding a proposed rally site on Webster Ave. for the Soap -Box Derby, I offer the following comments: A few years ago we discussed closing off Webster Ave. permanently and placing a gate across the street below the Leader 'shouse . The purpose was to eliminate vehicle traffc on that section m Wenner Ave. and to cut down on vandalism. We did not propose an alternative use of the dead end sum at thaz time. I am on the Board of Directors of the mewly formed Eastern Maine Soap -Box Derby, Inc. which will hold a renewed event in Brewer on Father's Day weekend in f M We have been discussing The possibility of having a rally site in Bangor which mould be used periodically for New England rally events and this led to a discussion of the Webster Ave. location. If successful, we would limit use ofthe site to correspond with major tournament events, etc. Approval would be needed by the Parks and Recreation Director and the Golf Pro-Superimendent. Brian and I have discussed this and we do not feel that this type ofprogram would cmdlim with golfing. We also discussed using the triangular section new to the cemetery as temporary parking for soap box derby participants. I feel that this proposal will provide an excellent area for this type Of activity as well as address our concerns regarding vandalism, littering etc. in this area of the Muni. I had not considered leasing this site to Eastern Maine Soap -Box Derby, bachot in light of Eric's memo to you, we should certainly discuss it. 96-141y MEMORANDUM October 30, 1995 TO: Edward A Barren, City Manager PR: lames D. Ring, City Engineer RE: Soap Box Derby On 10/18/95 1 provided a memo auditing costs to improve and repave Webster Avenue for possible use as a Soap Box Demy course. The estimated cogs were to repa"u, grade, and pave the dead end of Webster Avenue from the last hoose all the way to the cut off at Peng Road. I have since had an opportunity W speak with Dick Campbell to get more specific information on course requhements. Dick says that an 800 four long ran with a 400 foot moons area paved 20 feet wide would be suitable. He also indicated that it might be possible to access the course fiom the Perry Road and (maybe work with Galea Cole regarding parking) rather than from the upper and of Webster Ave. If this were the case, then the cost to pave the worse would be as follows: Preparation, incL sweeping patchin& our. $ 500.00 Tack cad, shim and oveday 140 Gal +220T $6,800.00 TOTAL. $7,300.00 Dick also said that the usual practice is to line the edges of the course with hay bale to keep racers on the pavement - I assume that this would be done by event organizers prior to each use of the course I have also tried to come up with alternate locations which might derive additional benefit from resurfacing. There me several sections of City streets which have suitable length and slope, but dosing them for Soap Box Darby use would isolate residences and/or businesses. I have, however identified two other locations which may be worth Woking at as alternatives: 96-19 P� 1) Outer Mt. Hope Avenue in the vicinity of the cemearies. Tlds wes repaved this past summer and would need no additional work. 2) Church Road, beginning about 4,300 feet westerly from Essex Sued and running towards Pushaw Mad. I have net had a chance to go look at this area, but I dou't think there are any houses in this cation. Extra shimming may be necessary to ease road crown I would estimate repaving cons f 1200 L P. to be in the range of $8,000.00. It would appear that Nese two sections of smat could be closed to thru traffic during Soap Box Derby everns without cutting off access to residences or businesses. Dick Campbell also indicated that in addition to establishing a course to hold races, there may be insured in having it available for practice sessions as well. Obviously, the Mount Hope Avenue and Church Road locations would not be suitable for practice on a regular basis. If Webster Avenue is w be used for Soap Box Darby activity, then it should probably be discontinued as a City Street and Public Way. In fact, perhaps we should do this anyway, at had the portion beyond the Inst house extending to Perry Road. Please let me know if you have my questions or need additional information. ... 96-19 P%, CORRECTED RECEIVED MEMORANDUM OCT 2 3 1995 Octobey;121vP S#SUFHGE TO: Edward A. Barrett, City Manager FROM: Erik M. Stumpfel, City Solicitor RE: Soap Box Derby This is in reply to your memo dated October 18, 1995 The City's liability exposure in this instance is very limited. Under the Maine Tort Claims Act, we have a statutory exemption from liability for 'land, buildings, structures, facilities or equipment designed for use primarily by the public in connection with outdoor recreation." See 14 MRSA S 8104-A(2)(A)(3), attached. (Attachment 1). We also have an absolute exemption from liability, which cannot be waived, for claims arising from injuries occurring on municipal property leased to other organizations. See 14 MRSA S 8104-B (attachment 2). If the portion of Webster Avenue concerned were to be discontinued as a public street and leased to Dick Campbell's organization, we would be protected from any liability claims arising out of the condition of the leased premises, including claims arising from its location adjacent to the City's golf course. Finally a a fall -back to our Tort Claims Act immunity, 14 MRSA 4 159-A grants immunity to private landowners, lessees, etc. from claims arising out of permissive outdoor recreational use of land. See Attachment 3. Although the Tort Claims Act exemption probably still applies, the City might incur liability if we we to sponsor o n receive revenues from a public event for which an admission fee was charged. A private owner or sponsor would clearly be liable in such a situation. See Baker v. Mid -Maine Medical Center, 499 A.2d 464 (Me. 1985) (Attachment 4) and Pelletier v. Fort Rent Golf Club, 662 A.2d 220 (Me. 1995) (Attachment 5). As a municipality, however, our liability is strictly statutory, and therefore I believe the Tort Claims Act would still control. Lastly, from a municipal liability perspective I am less concerned about errant golf balls than I am about plans to utilize a portion of Webster Avenue for the proposed soap box derby. Unless the street is legally closed or discontinued, the soap box derby facilities could be deemed to constitute an obstruction or street defect under 23 MESA SS 3651 or 3655 (Attachment 6), giving rise to liability claims by motorists. In summary, I would suggest the following if a portion Of Webster Avenue is to be utilized for this purpose: . _ 96-19 �Q -2- (1) The portion of Webster Avenue concerned be legally discontinued; (2) The premises be leased to Mr. Campbell's organization under a written lease containing our standard indemnification and Insurance requirements; and (3) The City not participate as a sponsor of any event, particularly those for which an admission fee is charged. E.S. red Attachments pc: Dale Theriault, Parks 6 Recreation Director Sim Ring, City Engineer. Charlie Mitchell, Loss Control Specialist