04-11-06 Regular
CITY OF RICHFIELD, MINNESOTA
TUESDAY, APRIL 11, 2006
*~k****************************************************************************************************
SPECIAL CITY COUNCIL ME"ETING
RICHFIELD CITY HALL
CITY HALL COUNCIL CHAMBERS
6700 PORTLAND AVENUE
5:30 P.M.
Call to order Special City Council Meeting
Roll call
1. Special City Council Closed Executive Session in Executive Conference Room
regarding City of Richfield versus Metropolitan Airports Commission litigation
Return to Council Chambers to adjourn Special City Council Meeting
*******************************************************************************************************
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
6:30 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to order
Roll call
Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
Pledge of Allegiance
Approval of minutes of (1) Special City Council Meeting March 22, 2006; (2) Special City
Council Worksession of March 28, 2006; and (3) Special City Council Meeting of March
28,2006
PRESENTATIONS
1. Recognition of City of Richfield Police Reserves and Explorer Scouts
2. Annual meeting with Civil Service Commission
COUNCIL DISCUSSION
3. Council discussion
. Hats Off To Hometown Hits
Notes:
AGENDA APPROVAL
4. Council approval of agenda
CONSENT CALENDAR
5. Consent Calendar contains several separate items, which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the individual
items and recommended actions have also been approved. No further Council action is
necessary. However, any Council Member may request that an item be removed from
the Consent Calendar and placed on the regular agenda for Council discussion and
action. All items listed on the Consent Calendar are recommended for approval.
A. Consideration of approval of renewal of lawful gambling license and resolution
authorizing gambling activity for Minneapolis-Richfield American Legion Post #435,
6501 Portland Avenue S.R. No. 73
B. Consideration of approval of resolution authorizing City Council not to waive monetary
limits on municipal tort liability established by MN Statute 466.04 S.R. No."46
Notes:
6. Consideration of items, if any, removed from Consent Calendar
Notes:
RESOLUTIONS
7. Consideration of resolution approving provisions of 2006-07 labor agreement with 9-1-1
Dispatchers LELS Local 225 bargaining unit
Staff Report No. 75
Notes:
8. Consideration of resolution approving amendment to 2005-06 labor agreement with
Law Enforcement Labor Services, Inc. Local 123
Staff Report No. 76
Notes:
9. Consideration of:
. Resolution requesting Commissioner of Transportation revoke Municipal State Aid
designation from Cedar Avenue from 63rd to 67th Streets and Graham Avenue
from Lyndale Avenue to 65th Street .
. Resolution requesting Commissioner of Transportation designate 17th Avenue
from Bloomington Avenue to Cedar Avenue as Municipal State Aid route
Staff Report No. 77
Notes:
10. Consideration of:
. Resolution authorizing Agreement No. 89064 between City of Richfield and Mn/DOT to
exchange land at Madison Park for adjacent land parcels and additional remnant parcel
on Lyndale Avenue for land necessary to complete Crosstown Reconstruction project
. Authorize Mayor and City Manager to grant necessary access to Mn/DOT
contractors in Madison Park and Legion Lake
Staff Report No. 78
Notes:
OTHER BUSINESS
11. Consideration of directing Transportation Commission to conduct study of county
roads in Richfield
Staff Report No. 79
Notes:
12. Consideration of test area for proposed Richfield's Stop Sign Policy
Staff Report No. 80
Notes:
CITY MANAGER'S REPORT
13. City Manager's report
Notes:
14. Claims and payrolls
Open forum (additional 15 minutes if more time needed after first Open Forum and by
majority vote of the City Council)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
oth rs. Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
15. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be
made at least 96 hours in advance to the City Clerk at 612-861-9738.
AGENDA SECTION: c.om;ent:
AGENDA ITEM # 'lA
REpORT # 71
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
APRIL 11, 2006
REpORT PREPARED By:
BETSY OSBORN, SUPPORT SERVICES
DIVISION MANAGER
NAME, TITLE
COUNCIL PRESENTER:
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
~-f(
REVIEWED By CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the renewal of a lawful gambling license for Minneapolis-Richfield American
Legion Post #435, 6501 Portland Avenue, with a resolution approving the gambling activity
requested bv the applicant.
I. RECOMMENDED ACTION:
By Motion:
. Approve the request for renewal of a lawful gambling license for
the Minneapolis-Richfield American Legion Post #435, 6501
Portland Avenue; and
. Approve the attached resolution allowing the Minneapolis-Richfield
American Legion Post #435 to conduct lawful gambling activity
requested by the applicant in accordance with Richfield City Code
1100.13, Subd.6.
I II. BACKGROUND I
On March 1, 2006, Minneapolis-Richfield American Legion Post #435 submitted an
application for the renewal of their lawful gambling license. The $100 investigation
fee has been received.
0411 American Legion Lawful Gambling Renewal
The Public Safety Department has conducted the required background investigation
and has determined that the applicant has complied with all of the requirements.
I III. BASIS OF RECOMMENDATION I
I. A. POLICY I
. Richfield City Code 1100.13 requires the Public Safety Department to
review the request for the gambling license and make its review and
recommendation to the City Council.
I B. CRITICAL ISSUES I
. The applicant has complied with the State Statutes and City Code
pertaining to lawful gambling.
. The applicant has submitted the request within sixty days of the
renewal of the license.
. The applicant has demonstrated that the gambling activity requested
is a benefit to the community.
I C. FINANCIAL
. N/A
I D. LEGAL
. N/A
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Deny the request for the renewal of a lawful gambling license for
Minneapolis-Richfield American Legion Post #435. This would mean that the
applicant would not be able to conduct gambling activities within their
establishment; however, the Public Safety Department has not found any
basis for a denial.
I V. ATTACHMENTS
. Resolution
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING I
. Representatives from the Minneapolis-Richfield American Legion Post #435.
5A-1
RESOLUTION NO.
A RESOLUTION GRANTING APPROVAL FOR
MINNEAPOLIS-RICHFIELD AMERICAN LEGION POST #435
TO CONDUCT LAWFUL GAMBLING
WHEREAS, Minneapolis-Richfield American Legion Post #435 has submitted an
application for the renewal of their lawful gambling license; and
WHEREAS, the application requests renewal of their pulltab operations; and
WHEREAS, Minnesota State Statute Section 349.213 provides authority for review
of applications by local authorities; and
WHEREAS, the Department of Public Safety has completed an investigation of the
application and finds the application to be in order.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, City of
Richfield, Minnesota, as follows:
1. That a lawful gambling license be granted to Minneapolis-Richfield
American Legion Post #435,6501 Portland Avenue.
Passed by the City Council of the City of Richfield, Minnesota this 11th day of April, 2006.
Martin J. Kirsch, Mayor
Nancy Gibbs, City Clerk
AGENDA SECTION:
AGENDA ITEM #
REpORT #
Consent
5B
74
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
APRIL 11, 2006
REpORT PREPARED By:
STEVEN L. DEVICH, CITY MANAGER
NAME, TITLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
ri
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution authorizing the City not to waive the monetary limits on statutory
municipality tort liability
I. RECOMMENDED ACTION:
By Motion: Adopt a resolution authorizing the City Council not to
waive the monetary limits on municipal tort liability established by
Minnesota Statutes 466.04.
I II. BACKGROUND I
The City purchases its insurance from the League of Minnesota Cities Insurance
Trust (LMCIT). A requirement of that insurance coverage is that each participating
municipality must annually either affirm or waive its statutory limits of liability. This
action must be taken before July 1 of each year.
The current statutory limits of liability for Minnesota cities are $300,000 for an
individual claimant and $1,000,000 per occurrence. Cities can waive those limits by
allowing an individual claimant to recover more than $300,000, up to the $1,000,000
occurrence limit or more if limits are waived and excess liability insurance is
purchased. They may also waive the per occurrence limit and purchase excess
liability insurance.
0411Tort
Historically, Richfield has not waived its limits of liability. This is historically true of
slightly more than half of the cities in Minnesota. Richfield has also elected not to
purchase excess liability coverage for the past several years.
The cost of excess liability insurance has been, and continues to be very expensive.
An additional $1,000,000 of coverage would cost in excess of $55,000 annually.
Moreover, buying the coverage may expose the City to liability exposure in excess
of the statutory $1,000,000 cap.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The State Statute establishing liability limits for cities at the current
$1,000,000 level was established fairly recently and appears to be a
reasonable limit.
. Historically, the majority of municipalities in Minnesota are not waiving
the monetary limits on municipality tort liability as was established by
Statutes 466.04.
. The Council could waive its statuary limits in future years if a decision
was made to do so.
. The City Council may also wish to further consider purchasing excess
liability in the future. If this is the case it may be purchased at any
point in the future.
I B. CRITICAL ISSUES I
. The City's insurance policy with the League of Minnesota Cities
Insurance Trust will renew on July 1, 2006. This action must be
completed on, or before that time.
IC.FrnANCIAL I
. The City has historically not purchased excess liability coverage
because of the cost of such coverage. The annual premium for $1
million of coverage would be between $55,000 and $65,000 if the City
does not waive its liability limits.
I D. LEGAL I
. The tort liability limits established by Minnesota Statutes have
protected cities historically and no Minnesota court has ever
established a monetary award in excess of the statutory limits against
a municipality.
. Each city must annually decide whether the City would voluntarily
waive the statute for both the single claims each occurrence limits.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. If the Council feels that any single claimant should receive more than the
$300,000 limit, the Council could elect to waive the statutory monetary limits.
. If the Council feels that the $1 ,000,000 per occurrence limit is not adequate,
the City could purchase excess liability coverage and subsequently waive the
limits of liability up to the amount of excess coverage purchased by the City.
I V. ATTACHMENTS
. Resolution.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None.
5Erl
RESOLUTION NO.
RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY
MINNESOTA STATUTES 466.04
WHEREAS, Minnesota Statute 466.04 provides for Municipal tort liability limits for
Minnesota cities; and
WHEREAS, the League of Minnesota Cities Insurance Trust has asked that each
city review the tort liability limits and determine if the respective city would choose to waive
it's limits; and
WHEREAS, such decision to affirm or waive the tort liability limits must be filed with
the League of Minnesota Cities Insurance Trust at the insurance renewal date.
NOW, THEREFORE, BE IT RESOLVED that the City Manager is directed to report
to the League of Minnesota Cities Insurance Trust that the Richfield City Council does not
waive the monetary limits on the municipal tort liability established by Minnesota statutes
466.04.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of April
2006.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION:
AGENDA ITEM #
REpORT #
Resolutions
7
75
.....
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
APRIL 11,2006
REpORT PREPARED By:
PAM DMYTRENKO ASSISTANT TO
THE CITY MANAGER
NAME, TITLE
COUNCIL PRESENTER:
<:d
,J,
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving the contract with the 911 Dispatchers LELS Local 225
for the contract period January 1 , 2006 throuQh December 31, 2007.
1. RECOMMENDED ACTION:
By Motion: Adopt the resolution approving the provisions of the
2006-07 labor agreement with the 911 Dispatchers LELS Local 225
bargaining unit and authorize the City Manager to execute the
agreement.
I II. BACKGROUND I
City staff has completed labor negotiations with the 911 Dispatchers LELS Local
225 (Union). The provisions of the two year contract for calendar years 2006 and
2007, cover all of the employees in this Union, which consists of 9 positions: 6 full-
time employees and 3 part-time employees.
The tentatively approved settlement includes the following significant monetary
changes:
WaQes
A 3% across-the-board wage increase, effective January 1, 2006, with an additional
.5% increase effective the first full pay period in July 2006.
0411 Dispatchers
A 3% across-the-board wage increase, effective January 1,2007, with an additional
.5% increase effective the first full pay period in July 2007.
Equity Adiustment
A one-time equity adjustment of $480 for full-time employees (prorated on an hourly
basis for part-time employees to $0.23/hour) to be paid as a lump sum the last pay
period of December 2006. This adjustment would be added to the annual base
wage on December31 , 2006 to be used as a basis for calculation of the 2007 wage
increase.
An equity adjustment was provided to this bargaining unit because metro wage
surveys indicated that this female dominated work group falls considerably below
the metro average wage for a dispatcher position. The equity adjustment brings the
group closer to the average at the end of 2006, but still falls short of achieving the
average wage.
Traininq Pay
Effective July 1,2006, an increase in the training pay rate from $1.25/hour to
$1.30/hour.
Health Insurance
A $50 increase to the Employer health insurance contribution for contract year 2006
which provides full coverage to single Employee, $655 per month for Employee plus
spouse or Employee plus child(ren) coverage, and $700 per month for Employee
plus family. The contract calls for a re-opener of this provision in 2007.
Effective January 1, 2006, the Employer would contribute an additional $3 towards
the employee single dental insurance premium for a total monthly contribution of
$30.
Vacation Leave
The annual vacation leave accrual was increased by 8 hours to 184 hours per year
for employees after completion of 25 years of service, effective in 2006.
Effective January 1, 2006, the annual sell back cap will be increased 4 hours to a
total of 40 hours and the vacation leave accrual cap increased from 240 to 248
hours.
Personal Leave
Effective January 1, 2006, the personal leave accrual rate will increase from 2.77
hours biweekly to 3.0 hours biweekly.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City has met and negotiated in good faith with the Union and its
representatives and is bound under the Public Employer's Labor
Relations Act to meet and bargain over the terms and conditions of
employment.
. The 2006-07 proposed settlement is the final union contract settled for
2006. It is identical in wage increase and health insurance provisions
to non-union City employees and the other bargaining units.
. This contract reflects the third settlement for 2007.
. The 2006-07 contract provisions are within the range for other
comparable bargaining groups in similar metro cities. The equity
adjustment brings the unit members closer to the pay of those cities.
I B.CRITICAL ISSUES I
. In order to allow the City's accounting personnel to modify payroll
records in a timely manner for 2006 wages and benefits, it is
recommended thatthe City Council act on April 11 , 2006 to adopt the
attached resolution providing for contract changes effective January 1,
2006.
I C. FINANCIAL I
. 3% wage increase effective January 1, 2006 and an additional .5%
increase the first full pay period in July 2006.
. 3% wage increase effective January 1, 2007 and an additional .5%
increase the first full pay period in July 2007.
. An equity adjustment in the form of a one-time, lump sum payment of
$480 for 6 full-time employees (for a total of $2,880), plus a pro-rated
lump sum payment for 3 part-time employees (approximately
$287/employee) totaling an approximate equity adjustment of $3740.
. A $50. increase in the Employer contribution towards health insurance
coverage.
. A $3 increase in the Employer contribution towards dental insurance.
. A 5 cent increase in the training pay rate from $1.25/hour to
$1.30/hour. .
I D.. LEGAL I
. If the terms of this agreement are not approved, further negotiation
and/or mediation will be necessary.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Do not approve the terms of this agreement and prepare for further
negotiation and/or mediation.
. Defer discussion to another date.
I V. ATTACHMENTS
. Resolution
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
;-1
RESOLUTION NO.
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 225
BARGAINING UNIT FOR THE YEARS 2006-2007
WHEREAS, the City Manager and the 911 Dispatchers LELS Local 225 have
reached an understanding concerning conditions of employment for years 2006-2007; and
WHEREAS, it would be inappropriate to penalize LELS Local 225 members who
have negotiated in good faith; and
WHEREAS, the City Ordinance requires that contracts between the City and the
exclusive representative of the employees in an appropriate bargaining unit shall be
completed by Council resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve
the Labor Agreement between the City of Richfield and LELS Local 225 Bargaining Unit for
years 2006-2007, under the provisions of the Labor Agreement to be implemented,
effective January 1, 2006 and authorize the City Manager to execute the contract.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of April
2006.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION:
AGENDA ITEM #
REpORT #
Resolutions
8
76
.....
,
STAFF REpORT
RI€HFIELD
CITY COUNCIL MEETING
APRIL 11, 2006
REpORT PREPARED By:
PAM DMYTRENKO, ASSISTANT TO
THE CITY MANAGER
NAME. TiTLE
COUNCIL PRESENTER:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving an amendment to the 2005-2006 labor agreement with
the Law Enforcement Labor Services, Inc. Local 123.
I. RECOMMENDED ACTION:
By Motion: Adopt the resolution designating an increase in the City's
contribution toward health insurance premiums for the law
Enforcement labor Services Inc. local 123.
I II. BACKGROUND I
City staff has completed labor negotiations with the Law Enforcement Labor
Services, Inc. Local 123 (Union) for the contract re-opener (Article 16 Insurance) of
its 2005-2006 contract, subject to Council approval. There are 31 employees
represented in this unit: 27 Officers and 4 Detectives.
The tentatively approved settlement includes the following change:
Health Insurance
A $50 increase to the Employer health insurance contribution which provides full
coverage to single Employee, $655 per month for Employee plus spouse or
Employee plus child(ren) coverage, and $700 per month for Employee plus family.
According to the terms of the 2005-06 contract, the Employer contribution for
employe.e single dental coverage increased in 2006 from $27 per month to $30 per
month.
0411 PoliceAmendments
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The City has met and negotiated in good faith with the Union and its
representatives and is bound under the Public Employer's Labor
Relations Act to meet and bargain over the terms and conditions of
employment.
. The proposed settlement for the health insurance re-opener provision
is identical to the health insurance contribution provided to the other
union contracts settled for 2006, as well as for non-union employees.
The City has a long history of providing the same level of health
insurance contribution to all eligible City employees and strives to
maintain that equity.
I B. CRITICAL ISSUES I
. In order to allow the City's accounting personnel to modify payroll
records in a timely manner for 2006 benefits, it is recommended that
the City Council act on April 11, 2006 to adopt the attached resolution
providing for contract changes, effective January 1,2006.
I C. FINANCIAL I
. Up to a maximum $50 per employee increase in the City's contribution
towards health insurance coverage.
I D. LEGAL I
. If the terms of this agreement are not approved, further negotiation
and/or mediation will be necessary.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Do not approve the terms of this agreement and prepare for further
negotiation and/or mediation.
. Defer discussion to another date.
I V. ATTACHMENTS
. Resolution
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None.
8:-/
RESOLUTION NO.
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH INSURANCE PREMIUMS
FOR EMPLOYEES COVERED BY THE
LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 123
WHEREAS, the City of Richfield and Law Enforcement Labor Services, Inc. Local 123
signed a bargaining agreement covering a two year period from January 1, 2005 through
December 31 , 2006; and
WHEREAS, the labor agreement covers all terms and conditions of employment
including the City contribution for health insurance benefits; and
WHEREAS, Article 28 of the labor agreement provides for either party to amend the
provisions in Article 16, Section 1 - Health Insurance; and
WHEREAS, the City has historically provided the same level of health insurance
contribution to all eligible City employees, both union and non-union; and
WHEREAS, the City desires to maintain such a position of equity; and
WHEREAS, the City Council is required to determine by resolution the City's
contribution toward the premium for employee group insurance coverage.
NOW, THEREFORE, BE IT RESOLVED that the City shall contribute a maximum of
$655 per month for employee plus spouse or employee plus child(ren) health insurance
coverage, and $700 per month for family health insurance, and in any event, said
contributions shall not exceed the cost of single coverage for employees selecting that option.
Such contributions shall be for coverage effective January 1, 2006.
Adopted by the City Council of the City of Richfield, Minnesota this 11 th day of April
2006.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION:
AGENDA ITEM #
REpORT #
Resolutions
9
77
.......
STAFF REpORT
RICHFIELD
CITY.COUNCIL MEETING
APRIL 11, 2006
REpORT PREPARED By:
DERICK ANDERSON, CIVIL ENGINEER
NAME, TInE
REpORT PRESENTER:.
DEPARTMENT DIRECTOR REVIEW:
if
~
REVIEWED By CITY MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of resolutions requesting the Commissioner of Transportation to revoke
Municipal State Aid (MSA) designation for Cedar Avenue from 63rd Street to 67th Street,
Graham Avenue from Lyndale to 65th, (MSA route numbers 157~369 and 157-104) and
designate 17th Avenue from Bloomington Avenue to Cedar Avenue, (157-370).
I. RECOMMENDED ACTION:
By Motion:
. Adopt a resolution requesting that the Commissioner of
Transportation revoke Municipal State Aid (MSA) designation from
Cedar Avenue from 63rd to 67th Street and Graham Avenue from
Lyndale Avenue to 65th Street.
. Adopt a resolution requesting that the Commissioner of
Transportation designate 17th Avenue from Bloomington Avenue
to Cedar Avenue as an MSA route.
I II. BACKGROUND I
MSA rules state that 20% of city streets are eligible for MSA funding. With
redevelopment changing many City streets, it is necessary to update the MSA
system tc stay within the allotted 20%. MSA rules also state that a MSA street must
connect two points of high traffic. Construction of the 66th Street and Cedar
Avenue/Hwy 77 Interchange created two dead ends on Cedar Avenue north and
0411 MSA Resolutions '
south of 66th Street and closed the Hwy 77 exit ramp at 63rd and Cedar. A new
route is proposed on 17th Avenue to connect Cedar Avenue to 66th Street, the
Cedar Point Development and Bloomington Avenue. This route is longer than the
existing route, so additional mileage is required.
Graham Avenue is now designated as a non-existing MSA street due to the City
Bella redevelopment area. After these streets are removed from the MSA system
and 17th Avenue designated, there will be 0.02 additional miles to designate on the
MSA system.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. City Council resolutions are required by the Minnesota Department of
Transportation (Mn/DOT) office of State Aid for requesting the
revocation (or designation) of Municipal State Aid designation of
streets.
lB. CRITICAL ISSUES I
. Updates are needed as portions of Cedar Avenue no longer meet the
requirements for MSA routes. The updates to the MSA system are
due by May 1, to be included in this year's MSA needs.
Ic; FmANCIAL I
. When the streets are revoked, staff is able to designate the future 17th
Avenue alignment to be eligible for Municipal State Aid funding.
I D. LEGAL
. None known at this time.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Council may choose to not adopt the attached resolutions. However, that
would result in the loss of some Municipal State Aid funding.
I V. ATTACHMENTS I
. Resolution revoking Municipal State Aid designation from certain City streets.
. Resolution for Municipal State Aid designation of certain City streets.
. Map showing changes to MSA system.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETmG
. None known at this time.
q-f
RESOLUTION NO.
RESOLUTION REVOKING MUNICIPAL STATE AID DESIGNATION
FROM CERTAIN CITY STREETS
WHEREAS, it is deemed advisable and necessary for certain streets hereinafter
described as Municipal State Aid streets to be revoked and removed from Richfield's
Municipal State Aid system under the provisions of Minnesota laws,
NOW, THEREFORE, BE IT RESOLVED that the streets described as follows:
MSA Street #
157-104
157-371
Street Name
Graham Avenue
Cedar Avenue
Limits
Lyndale Avenue to 65th Street
67th Street to 63rd Street
be, and hereby are, revoked as Municipal State Aid streets of the City of Richfield,
subject to approval of the Commissioner of Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to forward two certified copies of this Resolution to the Commissioner of
Transportation for his consideration.
Adopted by the City Council of the City of Richfield, Minnesota this 11 th day
April, 2006.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
0411 MSA Resolutions
q-d-
RESOLUTION NO.
RESOLUTION FOR MUNICIPAL STATE AID DESIGNATION
OF CERTAIN CITY STREETS
WHEREAS, it is deemed advisable and necessary for certain streets hereinafter
described as Municipal State Aid streets to be designated for Richfield's Municipal State
Aid system under the provisions of Minnesota laws,
NOW, THEREFORE, BE IT RESOLVED that the street described as follows:
MSA Street #
157-370
Street Name
17th Avenue
Limits
Cedar Avenue to Bloomington Avenue
be, and hereby is, designated as a Municipal State Aid street of the City of Richfield,
subject to approval of the Commissioner of Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to forward two certified copies of this Resolution to the Commissioner of
Transportation for his consideration.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day
April, 2006.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
II~.
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AGENDA SECTION:
AGENDA ITEM #
REpORT #
ResolutiolJ.S
10
78
.....
STAFF REpORT
RICHFIELD
. CITY COUNCIL MEETING
APRIL 11,2006
REpORT PREPARED By:
KRISTIN ASHER, ASSISTANT CITY
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
~
rJ.
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
. Consideration of approval of the attached resolution in which Richfield agrees to exchange
land at Madison Park for adjacent land parcels and an additional' remnant parcel on
Lyndale Avenue with the Minnesota Department of Transportation (Mn/DOT) for land
necessary to complete the Crosstown Reconstruction project.
Consideration of approval for the Mayor and City Manager to grant necessary access to
Mn/DOT's contractors in Madison Park and Legion Lake.
1. RECOMMENDED ACTION:
By Motion:
. Adopt the attached resolution approving Agreement No. 89064
between the City of Richfield and the Minnesota Department of
Transportation (Mn/DOT).
. Authorize the Mayor and City Manager to approve permits granting
necessary access to Mn/DOT's contractors to complete the
Crosstown Reconstruction Project.
I II. BACKGROUND I
Mn/DOT had determined that it is necessary to acquire a portion of the City
Property in order to complete the Crosstown Reconstruction project. Approximately
0411 LandExchange
12,640 square feet of the north edge of Madison Park will be conveyed to Mn/DOT
for the reconstruction project in exchange for approximately 13,000 square feet of
land, split among three parcels (see attachments). Approximately 7,800 square feet
of the replacement land will be located adjacent to the park; the remaining 5,200
square feet will be conveyed with Parcel 341 located in the western corner of
Lyndale Avenue and the TH 62 ramp.
In addition to the land exchange, Mn/DOT will need access to portions of both
Madison Park and Legion Lake in order to complete the reconstruction project. The
permits allow Mn/DOT's contractors access to the portion of Madison Park indicated
as a temporary easement and permission to construct on the area of Legion Lake
where indicated to build a pedestrian bridge and dredge a drainage channel into
Legion Lake.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. Improvements to the 35W/Highway 62 Crosstown have been
identified as needed in the City's Comprehensive Plan.
I B. CRITICAL ISSUES I
. The agreement is necessary in order for Mn/DOT to move forward
with the Crosstown Reconstruction.
. The permits allowing Mn/DOT's contractor to do work on City property
(Legion Lake & Madison Park) is necessary for Mn/DOT to move
forward with the Crosstown Reconstruction.
I C. FINANCIAL I
. Land exchange only. No funds are exchanged as part of the
agreement.
I D. LEGAL I
. The City Attorney will be available at the Council meeting to answer
any questions about the agreement.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Reject the proposed land exchange agreement.
. Deny Mn/DOT's contractors access to Madison Park and Legion Lake.
I V. ATTACHMENTS I
. Resolution approving the proposed land exchange agreement.
. Mn/DOT Contract No. 89064
. Graphics defining land exchange parcels
. Permits granting immediate access to Madison Park and Legion Lake
. Graphics defining temporary easement area
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None anticipated.
ID-I
RESOLUTION NO.
. RESOLUTION AUTHORIZING APPROVAL OF AGREEMENT NO. 89064 AMONG THE
MINNESOTA DEPARTMENT OF TRANSPORTATION (MN/DOT) AND THE CITY OF
RICHFIELD FOR LAND EXCHANGED AS PART OF THE CROSSTOWN
RECONSTRUCTION PROJECT.
WHEREAS, Mn/DOT wishes to acquire certain property, a portion of Madison Park,
from the City for highway purposes; and
WHEREAS, the City wishes to acquire certain property in the vicinity of Madison
Park from Mn/DOT for use for park and trail purposes; and
WHEREAS, the City and Mn/DOT deem it mutually advantageous to exchange the
property referenced in the attached agreement and maps.
NOW, THEREFORE, BE IT RESOLVED by the Richfield City Council:
1) That the "State of Minnesota and City of Richfield Land Exchange Agreement"
identified as Mn/DOT Agreement Number 89064, a copy of which was before the
Council, is hereby approved.
2) That the proper City officers are authorized to execute the Agreement, and any
amendments thereto.
Adopted by the City Council of the City of Richfield, Minnesota on this 11 th day of
April 2006.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
,
MnlDOT Contract No: 89064.
lo~~
STATE OF MINNESOTA AND CITY OF RICHFIELD
LAND EXCHANGE AGREEMENT
This agreement is between the State of Minnesota, acting through its Commissioner of Transportation
(hereinafter "State") and the City of Richfield, acting through its City Council ("City").
Recitals
The parties are authorized to enter into this Agreement by Minnesota Statutes ~~471.59, subd. 10; and 161.202;
and;
The State is planning to reconstruct Trunk Highway number 62 and Interstate 35W, within the Richfield city
limits, under State Project Number 2782-281 (the "Project"); and
The City is the fee owner of property currently maintained and operated as Madison Park (the "City Property");
and
The State has determined that is necessary to acquire a portion of the City Property for purposes of constructing
the Project and operating and maintaining the reconstructed roadway; and
The City will convey the City Property to the State, provided that such property is replaced in a suitable
manner; and
The State has acquired certain property and will acquire certain additional property (collectively the "State
Property") and convey it to the City; and
.iI!:e Parties are entering into this Agreement to define the terms and conditions of the above-referenced land
~change.
Agreement
1. Term of Agreement; Exhibits Incorporated
1.1 Effective date: This Agreement will be effective on the date signed by all necessary City and State
officials as required by Minnesota Statutes ~ 16C.05, subdivision 2, and other applicable law.
1.2 Expiration date: This Agreement will expire seven years after its Effective Date, or when all
obligations have been satisfactorily fulfilled, whichever occurs first.
1.3 Exhibits: Exhibits A, and B are attached and incorporated into this Agreement.
2. Agreement between the Parties
2.1 Description of City Property. The City Property that is the subject of this Agreement is identified as
Parcel 58 and is depicted on Exhibit A.
2.2 Description of State Property. The State Property that is the subject of this Agreement is identified as
the remnants of parcels 56, 59, and 431, and is depicted on Exhibits A and B.
2.3 Project Schedule. The State has scheduled the construction contract letting for the Project for May 19th,
2006. The State anticipates that construction will commence on July 10, 2006.
2.4 Conveyance of the City Property. The City will convey the City Property to the State by quitclaim
Joint Powers Contract (Rev: 4/3/2006)
- 1 -
,
Mn/DOT Contract No: 89064
fb-3
deed, in such estates as are designated on Exhibit A. Approximately 12,642 square feet will be
conveyed in fee simple, approximately 4,934 square feet will be conveyed as wall maintenance
easement, and a temporary easement will be granted for approximately 36,469 square feet. The
temporary easement will expire on December 1,2010.
2.5 Conveyance of the State Property. The State will convey the State Property, as shown on Exhibits A
and B, to the City in fee simple estate by quitclaim deed. Approximately 13,007 square feet will be
conveyed in fee simple, of which approximately 4,035 square feet (on certain portions of parcels 56 and
59 as shown on Exhibit A) will be conveyed subject to a wall maintenance easement in favor of the
State.
2.6 Conveyance Documents. The State will be responsible for providing legal descriptions and for
preparing conveyance documents. All conveyance documents must be approved, prior to their
execution, by the State's Metro District Right-of-Way Engineer or her designee.
2.7 Timing of Conveyance. Following the effective date of this Agreement, the State will seek approval of
the land exchange by the Minnesota Land Exchange Board. Upon approval, the City will convey the
City Property to the State pursuant to Article 2.4 of this Agreement. The State will convey the State
Property to the City within 90 days after filing the final certificate of the parcels in Eminent Domain.
The parties will use their best efforts to complete the property conveyances prior to the State's planned
contract-letting date.
2.8 Recording. Each party will be responsible for recording the conveyance instruments which it receives
. as part of the exchange.
2.9 Rights of Entry.
2.9.1 Effective upon the execution of this Agreement, the City grants to the State a right of entry on
the City Property for purposes of constructing the Project, and operating and maintaining the
reconstructed roadway. This right of entry will remain in effect until the conveyance of the City
Property is completed.
2.9.2 The State reserves for itself a right of entry onto that portion of the State Property identified as
Parcels 56, 59, and 341 for purposes of constructing the Project. This right of entry will remain
in effect until construction of the Project is completed.
2.1 OEnvironmental Liability. Nothing in this Agreement is intended to alter any responsibility imposed by
applicable federal or state environmental protection laws, specifically including but not limited to, laws
governing responsibility for cleanup of polluted properties.
2.11 Approvals
2.11.1 Approval by Land Exchange Board. The State will be responsible for obtaining approval of this
transaction from the Minnesota Land Exchange Board. If the Minnesota Land Exchange Board
Joint Powers Contract (Rev: 4/3/2006)
-2-
,
Mn/DOT Contract No: 89064
lo~t
does not approve this land exchange, this agreement will terminate and neither party will have
any further responsibility to the other.
2.11.2 Approval by City Council. The agreement is contingent upon City Council approval and will be
void if such approval is not obtained. The City will be responsible for obtaining such approval.
3. Payment
The parties agree that the interests in real property to be exchanged pursuant to this Agreement are of
equivalent value and that neither party will be obligated to pay cash compensation to the other.
4. Authorized Representatives. Each party's Authorized Representative has the responsibility to administer
this agreement, to give 'and receive notices, and to niake any other decision authorized or permitted under
this Agreement.
4.1 The State's Authorized Representative is Deb Anderson Sleeper, Metro District Right-of-Way Engineer,
or her successor; 1500 W. County Road B2, Roseville, MN 55113; (651) 582-1658.
4.2 The City's Authorized Representatives are Martin Kirsch (Mayor) and Steven Devich (City Manager) or
their successors; 6700 Portland Ave. S., Richfield, MN 55423; 612-861-9700 (Mayor), 612-861-9702 (City
Manager).
5. Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. Neither party may assign or transfer any rights or obligations under this agreement
without the prior consent of the other party and a fully executed Assignment Agreement, executed
and approved by the same parties who executed and approved this agreement, or their successors in
office.
Amendments. Any amendment to this agreement must be in writing and will not be effective until it
has been executed and approved by the same parties who executed and approved the original
agreement, or their successors in office.
Waiver. If a party Jails to enforce any provision of this agreement, that failure does not waive the
provision or its right to subsequently enforce it.
Contract Complete. This agreement contains all negotiations and agreements between the State and
the City. No other understanding regarding this agreement, whether written or oral, may be used to
bind either party.
6. Liability
In connection with the performance of this Agreement, each party will be solely responsible for its own acts
and omissions and the results thereofto the extent authorized by law. The State's liability is governed by
Minnesota Statutes S3.736 and other applicable law. The City's liability is governed by Minnesota Statutes
chapter 466 and other applicable law.
7. State Audits
Under Minnesota Statutes S 16C.05, subd. 5, the City's books, records, documents, and accounting
procedures and practices relevant to this agreement are subject to examination by the State and the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement.
Government Data Practices
5.2
5.3
5.4
~.
The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes
Chapter 13, as it applies to all data created, collected, received, stored, used, maintained, or disseminated by
Joint Powers Contract (Rev: 4/3/2006)
- 3 -
J
Mn/DOT Contract No: 89064
}0-5
a party under this agreement. The civil remedies of Minnesota Statutes ~ 13.08 apply to the release of the
data referred to in this clause by either the City or the State.
9. Venue
Venue for all legal proceedings arising out of this agreement, or its breach, must be in the appropriate state
or federal court with competent jurisdiction in Ramsey County, Minnesota.
10. Termination. Except as provided in Article 2.11, this agreement may be terminated only by the mutual
written agreement of the parties.
[The remainder of this page has been intentionally left blank]
,.t-
Joint Powers Contract (Rev: 4/3/2006)
-4-
1
~
~TATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been
encumbered as required by Minnesota Statutes S
16A.15 and 16C.05.
Signed:
Date:
CFMS Contract No. A-
CITY OF RICHFIELD
The City certifies that the appropriate person(s)
have executed this Agreement on behalf of the City
as required by applicable resolutions, ordinances, or
charter provision.
.y:
.r.lartin Kirsch
Title: Mayor
Date: April 11, 2006
By:
Steve Devich
Title: City Manager
Date: April 11, 2006
MnJDOT Contract No: 89064
/0 ~(p
DEPARTMENT OF TRANSPORTATION
By:
Title:
Date:
(With delegated authority)
COMMISSIONER OF ADMINISTRATION
By:
Date:
By:
Date:
(With delegated authority)
(With delegated authority)
INCLUDE COpy OF RESOULUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION.
Joint Powers Contract (Rev: 4/3/2006)
- 5 -
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MNDOT TO CITY OF RICHFIELD
PARCEL 56
_ 2620 SF
OF WHICH 2011 SF IS ~M
~~
MNDOT TO CITY OF RICHFIELD
PARCEL 59
FEE 5181 SF
OF WHICH 2024 SF IS ~~
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PARCEL 58
FEE
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T.E.
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4934 SF
36649 SF
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SCALE
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PARCEL 341
FEE 5206 SF
SCALE I
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10-9
TEMPORARY PERMIT TO CONSTRUCT
MADISON PARK
Dated: April 3, 2006
C.S. 2782/ SP 2782-281
County of Hennepin
The State of Minnesota has by its Commissioner of Transportation established and
designated the route of Trunk Highway No. 35W in Hennepin County, Minnesota.
It is necessary that the State of Minnesota use for highway purposes real property situated
in Hennepin County, Minnesota, described as follows:
Tract A: That part ofthe NE 1/4 or the NW 1/4 of Section 28, Township 28 North,
Range 24 West shown colored in red on Exhibit A
The undersigned, having an interest in the above described real property, understand that
they are not required to surrender possession of real properly without just compensation
and are not required to surrender lawfully occupied real property without at least 90 days
notice. For a valuable consideration, the undersigned hereby waive these rights and give
the State of Minnesota an immediate right of entry and permit to construct a noisewall,
trail connections and minor grading work.
The right to use all of Tract A described above for highway purposes, which right shall
cease on December 1, 2010, or such earlier date upon which the Commissioner of
Transportation determines by formal order that it is no longer needed for highway
purposes.
Martin Kirsch, Mayor
April 11, 2006
Date
Steve Devich, City Manager
April 11, 2006
Date
ID-/O
TEMPORARY PERMIT TO CONSTRUCT
LEGION LAKE
Dated: April 3, 2006
C.S. 2782/ SP 2782-281
County of Hennepin
The State of Minnesota has by its Commissioner of Transportation established and
designated the route of Trunk Highway No. 35W in Hennepin County, Minnesota.
. It is necessary that the State of Minnesota use for highway purposes real property situated
in Hennepin County, Minnesota, described as follows:
Tract A: That part of Section 26, Township 28 North, Range 24 West, Hennepin
County, Minnesota, described as shown colored in red on Exhibit A attached hereto.
The undersigned, having an interest in the above described real property, understand that
they are not required to surrender possession of real property without just compensation
and are not required to surrender lawfully occupied real property without at least 90 days
notice. For a valuable consideration, the undersigned hereby waive these rights and give
the State of Minnesota an immediate right of entry and permit to construct a continental
pedestrian bridge and to dredge a drainage channel into Legion Lakes. The bridge will be
owned and maintained by the City of Richfield.
The right to use all of Tract A described above forhighway purposes, which right shall
cease on December 1, 2010, or such earlier date upon which the Commissioner of
Transportation determines by formal order that it is no longer needed for highway
purposes.
Martin Kirsch, Mayor
April 11 . 2006
Date
Steve Devich, City Manager
April 11. 2006
Date
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AGENDA SECTION:
AGENDA ITEM #
. REpORT #
Other Business
11
79
~
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
APRIL 11,2006
REpORT PREPARED By:
THOMAS FOLEY, TRANSPORTATION
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR
REVIEW:
[E(
ri
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of directing the Transportation Commission to conduct a county road study.
1. RECOMMENDED ACTION:
By Motion: Direct the Transportation Commission to conduct a study
of county roads.
I II. BACKGROUND I
County roads provide most of the major gateway entrances to the City of Richfield.
The .county roads in Richfield are in serious need of repair and convey a poor image
of the City. Prior to making any repairs to these roads, the City has a great
opportunity to develop design guidelines that the City could use in upgrading the
county roads.
The Richfield Transportation Commission would oversee the study. The proposed
study would address, among others, the following issues:
. The condition of the county roads including the curb, gutter, and the
sidewalks;
. The number of lanes needed based on future traffic projections;
0411 County Road Study
. Alternative recommendations for right of way width needed, including staying
within the existing right of way as one option;
. The width of sidewalks and their setback from the curb for safety and
maintenance;
. The possible placement of utilities underground;
. The placement of trees along county roads and other landscape/streetscape
features; and,
. The provision for bicyclists and pedestrians.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. Reconstruction or resurfacing of county roads presents the City with
an opportunity to upgrade their appearance consistent with the City's
long-range goals.
I B. CRITICAL ISSUES .1
. The City and Hennepin County are discussing replacement ot curbs,
gutters and sidewalks along county roads beginning in 2007 and
continuing over multiple years.
. Potential right-ot-way expansion may generate public controversy.
I C. FINANCIAL I
. The study will cost about $20,000 using general funds already
included in the Public Works 2006 budget.
I D. LEGAL I
. The City Attorney will be available to answer any questions about the
proposed study.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Do not conduct a county road study. Any repairs to county roads will be to
replace curbs, gutters and sidewalks in their current location.
I V. ATTACHM:ENTS
. Photos of county road conditions.
I VI. PRINCIPALP ARTIES EXPECTED AT MEETING
. None anticipated.
'~-';
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,
11-:7-
AGENDA SECTION: -.J!ther Business
AGENDA ITEM # 12
REpORT # 80
.......
STAFF REpORT
RICHFIELD
CITY COUNCIL MEETING
APRIL 11, 2006
REpORT PREPARED By:
THOMAS FOLEY, TRANSPORTATION
ENGINEER
NAME, TITLE
COUNCIL PRESENTER:
DEPARTMENT DIRECTOR ~
REVIEW:
REVIEWED By CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a test area for the proposed Stop Sign Policy.
I. RECOMMENDED ACTION:
By Motion: Approve the attached area as a candidate for testing the
ro osed new Sto Si n Polic.
I II. BACKGROUND I
The Transportation Commission has studied several alternatives to the current Stop
Sign Policy over the past year. The Commission ultimately reaffirmed the existing
policy, which is reactive and based on crash history, excessive speeding and sight
obstructions.
The study did consider two proactive alternatives including the use of sub-
collectors, mostly on east-west routes, to provide a path to enter or exit
neighborhoods without having to stop frequently at stop signs. All residential
intersections would be stop controlled on the north-south avenues. Exceptions
would be made for streets that provide the primary entrance and exit to and from
neighborhoods. .
0411 Stop Sign Policy
At their January 19, 2006 Study Session, the City Council requested that City staff a
stop sign test area for City Council consideration. The attached map defines the
area that the City Council suggested to be considered for a test of the new
proposed Stop Sign Policy. City staff has prepared a recommended stop sign
pattern and will submit it to the affected neighborhood for their review and comment.
City staff could revise the stop sign configuration based on comments received.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The Comprehensive Plan supports traffic calming.
I B. CRITICAL ISSUES I
. As a trial the proposed stop sign policy will gauge neighborhood
reaction. City staff will monitor crashes and speeds in the
neighborhood.
I C. FINANCIAL I
. Twenty-five stop signs at $75 each will be installed affecting 15
intersections for a total cost of $1 ,875. The $75 cost per sign includes
staff time.
I D. LEGAL I
. Cities can develop policies dealing with traffic control.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Modify or choose a different neighborhood to use for the trial of the proposed
new Stop Sign Policy.
. Oppose any trial for the proposed new Stop Sign pattern. This implies
reaffirming the City's existing Stop Sign Policy that is based on crash history,
sight obstructions and excessive speeding.
I V. ATTACHMENTS I
. Map of the proposed neighborhood to be considered to test the proposed
new Stop Sign Policy.
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None anticipated.
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