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.
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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