11/20/2005
Dear Council Members, Distinguished guests and Neighbors:
The question I ask is, Do the needs of human life outweigh our tax dollars?
I witnessed for the past years the problems I have written in the flyer, http://operation-save-our-streets-neighborhood-project.app-brighan-1.aidpage.com/operation-save-our-streets-neighborhood-project/.
The main issue this evening is the high-speed traffic in the alleyway to Walfoort Liquor. My neighbors and I tried to curb the traffic by our presence and telling nonresidents of the traffic laws with their ignoring of our actions when passing through the alley. Tonight, I am giving the City proper notice on record of the dangers to our property and personal safety connected to the businesses on the alley between Magnolia and Jessamine Avenues. We need to close off the alley, install speed bumps, or make it undesirable for nonresidents to traverse the alley near our homes.
History shows the City’s plan outweighs the needs of the neighborhood. There are precedents when people tried to stop unnecessary traffic and the evaluation plan already conducted in the neighborhood. Don Telin of 835 Magnolia Avenue states, “We have tried to stop people in the neighborhood since the 1970’s. The City received complaints and they did their traffic studies with nothing done to solve the problem [because of discretionary immunity].” The result is the City is lucky that people did not suffer serious injuries or property damage since giving notice to the City in the 1970’s.
Today, the City will incur civil liability, God forbid if someone injures or kills a child or damages property because the City of St. Paul does not enforce the Traffic statutes or by correcting the problem permanently. I will cite the authoritive cases of Nusbaum v. Blue Earth Co., 422 N.W. 2d 713 (Minn. Ct. App., 2004); Minn. §466.01 (2004) (The City must protect its citizens from harm that is able to cure-quoting Hansen v. City of St. Paul, 214 N.W. 2d 346 (Minn., 1974) (Constructive notice given to the City of public safety hazards of stray dogs running loose and biting people)).
The City will not have the defense of discretionary immunity from liability because of policy decisions about public finances, impact, or planning ruled in Nguyen v. Nguyen, 565 N.W. 2d 721 (1997), which relies on Minn. § 466.02 (1976) and Minn. § 466.03, Subd. 6 (2002), (Discretionary acts for investigative planning or fiscal determinations).
In this case, discretionary immunity from torts [Civil Lawsuit] does not apply. Minn. § 466.03, Subd. 5 (2002) is an exception that forbids immunity from tort liability for any injuries suffered or personal property damage (Section 466.03, Subd. 8 (2002)) after already given the City notice of the public safety issues and the City’s failure to enforce legislative traffic statutes.
Therefore, the Court can construe liability when the City failed to enforce mandated public safety statutes and the City Council can fail in their claims that discretionary immunity applies because of planning. Consult with an attorney before taking action.
Solutions that I present tonight are cutting the alleyway off from the businesses to the rest of the neighborhood. Examples of local precedent’s are Forest and Orange is a dead-end residential alley. Hyacinth and Wheelock Parkway has blocked off traffic except for emergency traffic. Magnolia and Arcade Street at the Hmong-American Partnership cuts the alleyway with a one-way sign.
Another solution is to reform the alleyway with speed bumps designed to allow the water flow into the storm sewers. Or;
Volunteers armed with radar guns can rotate and record license plates with the speed driven and warning notices delivered to the offender of their possible liabilities. If the City fails the neighborhood, then the next election will reflect the differences of opinions.
One neighbor on the 800 block is a paralegal and offers to remind the public the following:
“The Minnesota Criminal statutes and Traffic laws of 2005 state:
**Minn. § 169.14, Subd. 1. (1997). Duty to drive with care. No person shall drive a vehicle on a highway [roadway is defined as a highway, §169.01, subd. 31] at a speed greater than is reasonable for becoming and remaining aware of the actual and potential hazards then existing on the highway and must use due care in operating a motor vehicle. In every event speed shall be so restricted as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
**Minn. § 169.01, Subd. 67 (2000). Alleyway. “Alleyway” means a private or public passage or way located in a municipality and which (1) is less than the usual width of a street (2) may be open to but is not designed primarily for general vehicular traffic (3) intersects or opens to a street, and (4) is primarily used for the ingress and egress or other convenience of two or more owners of abutting real properties.
** Minn. § 169.14, Subd. 5c. (2003). Speed zoning in alleyway. Local authorities may regulate speed limits for alleyways as defined in section 169.01 based on their own engineering and traffic investigations. Alleyway speed limits established at other than ten miles an hour shall be effective when proper signs are posted.”
The regulated speed for our alley is 10 MILES AN HOUR.
Therefore, the alleyway belongs to the residents of 800-block close to Walfoort Liquor store and excessive speeds, drunk driving, littering, and criminal activity associated with nonresident patrons endanger our property and children of the 800 block neighborhood.
The businesses on Arcade Street have an agreement [a promise to avoid from becoming a nuisance] with the neighborhood or have penalties imposed on the business.
If you have complaints, solutions, or extra comments to share about enforcement of unwanted traffic and criminal activity associated with nonresidents abusing the alleyway and our property, please respond by writing or calling to:
Dan Bostrom, Council President Ward 6: (651) 266-8660
Scott Renstrom, Legislative Aide to Dan Bostrom: (651) 266-8661.
E-Mail: ward6@ci.stpaul.mn.us
Leslie McMurray with District 5: (651) 774-5234. Her e-mail is: d5-director@visi.com
Write to: City Council Offices
310 City Hall
15 W Kellogg Blvd., St. Paul, MN 55102
12/8/2005
Dear Honorable Citizens:
Thank you all for your response at the December 6, 2005 CPED meeting on this alleyway issue.
Monica Beeman is working with me in resolving the issues of high-speed traffic in the alleyway connected to Walfoort Liquor store. She will be doing her traffic count this winter and again in the summer. I, myself, will collect license plate information from offending parties.
The issue now is continued enforcement of mandated traffic statutes in the neighborhood and to teach others of the dangers of pedestrian and property damage liabilities and its legalities.
However, I lost some sleep in thinking about how the City is liable for tort actions for injuries or personal property damage resulting from the City's lack of remedy to cure the problems once given the notice to resolve the issues.
I am also disheartened to imagine that impoverished absentee landowners and homeowners must pay up front out of personal pockets for any traffic signage or devices to be placed on City alleyways or property. Would it not be more difficult to obtain money and signatures for the petition from absentee landowners? Also, what about people such as myself lacking funds to pay for this needed project; resulting from the lack of foresight of the City of St. Paul?
I thought the City has the responsibility to protect its own citizens under public safety statutes. If not, where can we apply for a foundation grant to pay for traffic devices installed whereas the City of St. Paul is supposed to be responsible?
I would like to ask the aid of any Legislative Official in helping to untangle this web of bureaucracy in saving our citizens and property.
Below is a copy of the e-mail from Monica Beeman and Shannon Wadding for the State Legislature and Attorneys to mull it over. I request help in this matter for a successful resolution. I have posted my letter and notice on http://aidpage.com in hopes of finding charitable funding or advice.
Thank you for your help and concern.
***************************
Bob,
Last night, December 6, 2005, I attended the Payne Phalen District 5 Planning Council as the Public Works representative to hear and help address the concerns voiced by Shannon Wadding regarding traffic in the alley directly behind his house, bounded by Arcade, Mendota, Jessamine and Magnolia., Mr. Wadding and one other neighbor spoke to District 5 about speeding in the alley, a high volume of traffic using the alley including those he thinks that are cutting through the alley, and many poor driving behaviors/activities. Much of the traffic activities he traces back to the Walfoort liquor store, which has access to the alley and fronts on Arcade. He is concerned with safety to children and property in the neighborhood.
I did not have any speed or volume information to share with the group but suggested that both pieces of information would be helpful in determining the best course of action and the level of concerns. Unfortunately, with winter conditions automated data collection is difficult so I did agree to collecting data in the alley from 6-8pm on a week night to see what conditions are out there.
I explained that Public Works does regularly address such concerns in alleys and has a petitioning process where by neighbors can work together, agree on an approach, collect signatures and install signs or other devices to address different traffic issues. The cost of the signs and other devices are the responsibility of the abutting property owners, and is collected up front (not assessed) before installation. I also requested that Mr. Wadding call so that we might speak more specifically to concerns and observations he has made.
We spoke this morning. He and I both had an opportunity to mill over what was said and might be added. I spoke very frankly to Mr. Wadding as I grew up living in north Minneapolis behind a liquor store with our garage abutting the alley connected to the liquor store parking lot. As a kid I saw many of the things he was trying to describe including people who regularly used the store who were heavily inebriated traveling the alley to avoid city streets. As a result my suggestion is this. No amount of signs or devices can be fully effective if the underlying issue is alcohol, drugs or crime, so, we should:
• collect the initial data we need,
• then try to do some heavy enforcement to address the underlying issue
• then we can regroup and see what can be done for alley traffic with signs and devices knowing that all require petitioning for overall agreement and have an associated cost to bear.
I told Mr. Wadding I would also try to look at what might be worked out in cooperation with the liquor store that could reduce the cost burden or restriction to residents but that might address the issue just in a different manner.
Monica M. Beeman, PE
City of St Paul
Department of Public Works
Traffic Engineering
800 City Hall Annex
25 West Fourth Street
Saint Paul, MN 55102-1660
(651) 266-6214
"You must be the change you wish to see in the world" Gandhi
_______________________
Memorandum
Date: 12/7/2005
Time: 9:35-10:35 AM
RE: Telephone conversation about the neighborhood alleyway safety and traffic with St. Paul Traffic Engineer, Monica M. Beeman and Shannon Wadding (resident).
Dear Monica:
Thank you for the City apology and your response to the concerns of our neighborhood safety. I tried to enlist the aid of City government and neighborhood organizations for the longest time for preventive action.
We have strong-arm robberies, thefts, prostitution, drug dealing, reckless driving, trash, and nuisances from nonresident foot and automobile traffic threatening the neighborhood public safety and peace. According to the phone call this morning, we agree the neighborhood needs a police officer to deter crimes related to the foot and automobile traffic with the business “Fronts” around and including Walfoort Liquor store. This is a continuing problem and now more important because of new families with naive, younger children are moving into the neighborhood.
However, as a good citizen, I must remind the City of St. Paul that it has constructive notice to enforce these Minnesota Legislative Traffic Statutes, section 169.14, Subd. 1 (1997)- Duty of care when driving, and Subd. 2 (6) (2003), Speed zoning -residential alleyways are 10 miles an hour. Any studies or planning of this issue does not resolve the City of any liabilities for personal or property damage. Nusbaum v. Blue Earth Co., 422 N.W. 2d 713 (Minn. Ct. App., 2004); M.S.A. §466.01 (2004) (The City must protect its citizens from harm that is able to cure-quoting Hansen v. City of St. Paul, 214 N.W. 2d 346 (Minn., 1974) (Constructive notice given to the City of public safety hazards of stray dogs running loose and biting people)). The neighborhood residents adjoining the alleyway are aware that they must contact an attorney before moving on any legal action against the City of St. Paul.
Our police officers can use the latter traffic laws and Minnesota Statutes Annotated, section 169.13, Subd. 1 (1984), Reckless driving; and Subd. 2, Careless driving (1984) (Speeding in a residential alleyway) to issue drivers traffic violation citations. These traffic violations can construe probable cause to detain the driver for further investigation of public safety and statute violations. In doing so, we agree this action may resolve some of the traffic issues to Walfoort Liquor store.
I think, and I hope that this crime prevention measure of using law enforcement presence in traffic enforcement “stings” in the winter and summer will work. However, complacency and habit is a hard teacher and this fact, I fear, will only be a temporary solution and the problems returning later. I do hope that I am wrong, but I stood outside with my neighbors and watched the neighborhood since 1999 and I fear the revolving renters and nonresident citizens will need consistent traffic enforcement.
At the CPED neighborhood meeting you have stated that no traffic reports are existing. However, I did not think that my neighbor, Don Telmin of 835 Jessamine Ave E, was in any way deceitful to me. Don lived in this neighborhood since the 1970’s. In criminal law, after 15 years, Court clerks destroy old records for storage concerns. We agree that this is the same administrative action to why the Traffic Engineering Department could not find any records of traffic studies. The traffic may decrease during the winter months, but I would not bet on this assumption. During the week from 6-8 PM, Friday and Saturday from 12:00-10:00 PM is common for traffic violations in the alley. However, speeding occurs at all hours of any day in the alleyway.
In conclusion, I fear that if the City becomes involved in a civil action our property taxes will rise, again, to cover any compensatory judgments. I do not want to see anybody harmed or lose property in this impoverished neighborhood. Many absentee landowners have neglected properties and they are collecting Section 8 benefits from their renters. They do not care about rising property taxes because welfare picks up the rest of the rent, while other homeowners are struggling to keep their homes.
The owner of Walfoort Liquor is a temperamental man and he bans service to neighbors that criticize about these problems. I think he fears about losing his store by violating any more laws. There is a tough balance between tort actions by injured people in the alley and the tax revenues gained by the City of St. Paul. All it takes is one death or collision with personal property to set the legal wheels in motion.
Thank you for your time and interest spent in finding a permanent solution into this matter of our need to enforce mandated traffic statutes in the alleyway between Arcade and Mendota Avenues. I will continue to work with the City of St. Paul to find a permanent solution, which is still the idea of speed bumps or closing off the alley.
I would like to have a copy of your telephone conversation report sent to the District 5 Planning Council for clarity.
Sincerely,
Shannon Wadding
846 Jessamine Ave E
St. Paul, MN 55106-2612
CC: File
The Neighborhood Block Watch, Ward 5&6; Council Member Dan Bostrom
with Ward 6; Leslie McMurray with District 5; Mayor of Saint Paul.
Any charitable grants and donations are greatly appreciated and I would ask for any help or informative advice directed towards:
Monica M. Beeman, PE
City of St Paul
Department of Public Works
Traffic Engineering
800 City Hall Annex
25 West Fourth Street
Saint Paul, MN 55102-1660
(651) 266-6214
*********************
MEMORANDUM
(There are Three Pages to this Memorandum).
RE: Saint Paul Traffic Engineering Department placed a traffic-counter in the alleyway but, Would it have an accurate traffic count?
January 24, 2006
Today, 01/24/2006, my neighbor told me that he witnessed a man in a white truck placing the traffic-counter in the alleyway.
On January 23, 2006, I faced a shorthaired blonde, Caucasian man with clear blue eyes, weighing around 210 lbs. He asked me strange questions and that he knew me as the paralegal for “Save Our Streets.” The only way he knew was from the Internet postings, from the Traffic Department, or law enforcement.
The man dressed in a new jogging outfit stood out from the neighborhood and I thought he was either the police or somebody bound for trouble. He commented about his observation there is not any distinct traffic lately.
I answered the “word” got around and people are behaving themselves so far, and it will get worse in the summer, in which his reply was—“It is almost summer out!” This is my memory of what the traffic counter jogged.
I have taken photos below of the pathways and the traffic counter on 1/25/2006. (See Attached Pictures #A-C). I noticed the counter and the sensors stretched across the alley (Picture #A). In addition, I want your attention to the vehicles bypassing around the sensors and trespassing onto personal property (Picture #A & B).
This response concerns me with questions:
• What standards of administration law does the City Traffic Engineer follow?
• How long will the Saint Paul Traffic Department be recording the alleyway traffic data?
• Will the City of St. Paul Traffic Department consider the January 24-27, 2006 traffic count as the summer traffic study?
• Will the traffic count continue during the summer months when people are racing to Walfoort liquor store to quench their thirst with a buzz?
• Does anyone value or devalue the 800-block neighborhood concern of threats to children and property? Feedback is helpful.
Last winter’s traffic count by the Traffic Engineering Department on January 20, 2006 lasted for a single evening of observation with a faulty radar gun. Then, I posted my thirteen days of observations on the web and a copy given to the Saint Paul Payne & Arcade Enforcement Unit. I did not witness any increased presence of traffic enforcement in the back alleyway during the rush hours for Walfoort liquor store. However, there is a strong police presence on Arcade, Maryland, and 7th Avenue lately.
I am concerned about any enforcement action of the decades-old alleyway traffic nuisances. I noticed the traffic-counter gone on noon of Friday, January 27, 2006. I know different City departments are aware of these traffic patterns. The forty-eight hour traffic count did not count traffic associated with the most important hours of Walfoort Liquor; namely, Fridays and Saturday evenings, and especially on the first of the month. These are the riskiest times to public safety.
Shannon Wadding,
Paralegal AS
Save Our Streets Neighborhood Project
Picture #A
Picture #B
Picture #C
4/26/2006
To the authorities of the City of St. Paul:
Below are some photos of property damage to 847 Magnolia E., St. Paul, MN caused by reckless driving in the alleyway sometime after 10:00 PM on 4/25/2006. I am concerned about the police pursuing a stolen vehicle without apprehending the perpetrator. Please at what cost does selective law enforcement provide if there is disregard for safety or the lack of police presence in this infamous alleyway? The police and I are aware that people covertly use the alleyways to hide from law enforcement. I commend the efforts of St. Paul’s law enforcement officers.
However, on 11/20/2005, I gave constructive notice at the District 5 Planning Council meeting about the dangerous traffic and criminal activity in the alleyway bound by Mendota and Arcade Street between East Jessamine and Magnolia Avenues. The City will incur civil liability when there is property damage, injury, or death because the City of St. Paul does not enforce nor comply with the traffic statutes by correcting the criminal nuisances permanently.
Again, I must caution the City of St. Paul of its hazards citing the legal case of Nusbaum v. Blue Earth Co., 422 N.W. 2d 713 (Minn. Ct. App., 2004); Minn. §466.01, in which the City must protect its citizens from harm that is able to cure (quoting Hansen v. City of St. Paul, 214 N.W. 2d 346 (Minn., 1974) constructive notice given to the City of public safety hazards of stray dogs running loose and biting people)).
The City will not have the defense of discretionary immunity from liability ruled in Nguyen v. Nguyen, 565 N.W. 2d 721, which relies on Minn. § 466.02 and Minn. § 466.03, Subd. 6. (Discretionary acts for investigative planning or fiscal determinations).
Here, discretionary immunity from torts does not apply. M.S.A. § 466.03, Subd. 5, is an exception that forbids immunity from tort liability for any injuries suffered or personal property damage (Section 466.03, Subd. 8) after already given the City notice of the public safety issues and the City’s failure to enforce legislative traffic and criminal statutes.
Therefore, the Court can construe liability when the City failed to enforce mandated public safety statutes and the City Council can fail in their claims that discretionary immunity applies. Please consult with an attorney about the current laws.
Thank you.
Shannon Wadding
846 Jessamine Ave E
Neighborhood Watch
wadding@usfamily.net
Skid marks leading into damaged property.
***********************
Dear Shannon:
We hope you are continuing to communicate with Monica Beeman of Traffic Engineering on the traffic speeding issue and possible solutions. As we all discussed, Ms. Beeman will be invited back to a CPED Land Use meeting to discuss findings and possible solutions. At the neighborhood's request, it made sense that a traffic study be conducted over the summer months when people report that the problem increases. We'd advanced the idea of putting out lawn signs in the alleyway with traffic calming messages. This requires the agreement of people on your block. Not much enthusiasm was registered for this idea. If you feel this would be helpful, please ask your neighbors if they are willing to post a sign and we'll get some printed up for your alley.
Was a police report filed on the incident that you photographed? If you have the number that would be helpful. Feel free to contact me at any time at 774-5234. I am copying A.L. Brown who is chair of District Five's Community Planning and Economic Development Committee and Monica Beeman, who you have worked with previously. Thank you for your concern about safety in our neighborhoods.
Leslie McMurray
Executive Director/Organizer
District 5 Planning Council
1014 Payne Avenue
Saint Paul, Minnesota 55101
Phone: (651) 774-5234
Fax: (651) 774-9745
www.neighborhoodlink.com/stpaul/payne-phalen
To improve our Payne Phalen District Five neighborhoods by engaging, educating and empowering all residents in our diverse community.
.
-----Original Message-----
From: Scott Renstrom [mailto:Scott.Renstrom@ci.stpaul.mn.us]
Sent: Friday, July 28, 2006 11:28 AM
To: wadding
Cc: Beese, Bruce; Choi, John; Martinez, Bill; McMurray, Leslie
Subject: Re: In need of traffic enforcement in our alleyway.
Dear Mr. Wadding,
I've taken the liberty of forwarding all three of your e-mails to our City Attorney's Office for review. With that in mind, I encourage you to continue working with and through District 5 and the Saint Paul Public Works, and Police Departments on the steps you've outlined to help resolve the situation in your alley.
If you feel that your property was damaged as a result of the City's actions or inactions, please contact our Citizen Service Office at 266-8989 and request a claims form. Our staff will review your request and act accordingly.
If this office can be of further assistance, please don't hesitate to contact us.
Respectfully yours,
Scott Renstrom
Legislative Aide to Councilmember Bostrom
