Laserfiche WebLink
Memorandum to Ramsey City Council <br />July 2, 2008 <br />Page 2 <br />also be held linble for the inaUility of emergency services to be provided at any of the properties <br />served by the street because of its construction andJor maintenance. . <br />Minn. Stat. 160.095 is titled "Designation of Minimum~Maintenance Roads". This statute <br />permits a road authority, by resolution, to designate a road under its jurisdiction as a minimum- <br />maiantenznce road if the Road Authority determines that the road is used only occasionally for <br />passenger travel. The road needs to, be .maintained at the level required to serve the occasional or <br />intermittent travel. The Road Authority is exempt from liability for injury to person or property <br />related to the road's maintenance or condition. HOWEVER, the statute is unclear as to the definition <br />of "Road Authority" and cities may not be included. On this subject and referencing this statute, the <br />League of Cities concludes in a July 2007 memorandum: <br />Cities have na clear. authority to designate streets as minimum.. maintenance <br />. roads. This may be an e~cclusive county and township power. <br />Notwithstandung the above, it would seem reasonable for the City to designate the relevant <br />portion of 1 fi0`" Lane as aminimum-maintenance road by resolution, and post signs accordingly. <br />In addition, Minnesota ease law holds that the design. of City streets is a discretionary act that <br />entitles a municipality to governmental immunity from liability -for .negligent design. The City is <br />obligated to employ capable engineers to design the streets. <br />However, less certain is the assignment of street maintenance to members of the public. To <br />protect from liability far street maintenance, it would be prudent for the City to adopt a resolution <br />declaring findings and conclusions as to what limited City maintenance on :the street will be <br />undertaken by the City. <br />-130- <br />