5.1. SR 02-22-2005 - Laserfiche WebLink

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For Your Reference MNDOT has adopted the AASHTO "Green Book" as the guide for the state and local municipalities to use as the local guideline. State Pedestrian Coordinator (kristie.billiar@dot.state.mn.us) has filled a new MNDOT position will be working with local municipalities if you need additional resources. The Green Book guidelines state local cities responsibilities include: In urban areas, provide pedestrian facilities within all new industrial, commercial, retail, and housing developments to establish a pedestrian network which provides convenient and direct connections to points within the development and to adjacent developments, streets, and transit stops. Legal reference: The Federal requirement for bicycle and pedestrian evaluation and development is a part of the 1982 Surface Transportation Assistance Act (Congressional Record, Section 126). Establishment of the Minnesota Department of Transportation, in 1976, incorporated multi-model transportation planning and development in its operational functions (Minnesota Statute 174.01-174.03). The enabling legislation for Mn/DOT's Bicycle Transportation program can be referenced in Minnesota Statute 160.265. See Appendix A-1 and A-2. American With Disability Act has some applicability due to the citizens with disabilities in the neighborhood. Latest legal case against local Municipalities. From NBC news archive Fontana, CA City held negligent for not installing sidewalks Tuesday, September 28,2004 In a case that has ramifications for cities across the country, a California city has awarded almost $40 million to the parents of a girl who was killed on a busy roadway with no sidewalks. The street was in a residential area. The city had received many citizen complaints about the need for a sidewalk but, instead of immediate installing the $6,000 sidewalks with their own money, had waited to apply for a grant from the state. According to an L.A. Times article: In a verdict delivered Monday, the jury decided the city is 75% liable for the damages. The parents of the driver are liable for the remaining 25%. The city is still clueless: Fontana [city] spokesman Edward Raya said the city believes Karen's death was due to a negligent driver, traveling more than 50 mph, and not the absence of sidewalks. "How that makes us responsible, I don't know," Raya said. "We're shocked at the size of this verdict. It's extremely large for an accident of this kind." The city will appeal, he said. The attorneys representing the girl's parents, Cruz and Agueda Miranda, argued that Fontana failed to act on reports that lack of sidewalks created a hazard because of the heavy volume of vehicle and pedestrian traffic. . . Cities still think of things like sidewalks and on-street bicycle accommodations as "optional amenities". This is not the attitude of federal law or standard traffic planning guides. Or common sense. Fontana, like many cities, felt that it could install a road without installing a "complete street". With a $40 million judgment against it, perhaps the city will change its tune.