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`.!J EXECUTIVE SUMMARY
CITY COUNCIL
City Council Work Session: July 13, 2005
AGENDA ITEM: No Parking Signs Follow-up AGENDA SECTION:
UPDATES
PREPARED BY: Jamie Verbrugge, City Administrator AG
ATTACHMENTS: Memo from Chief Kalstabakken; letters � ��
from city prosecutor and consulting APPROVED BY:
en ineer
RECOMMENDED ACTION: No action is requested
BACKGROUND
The City Gouncil directed staff to follow-up on the number of No Parking signs and sign placements in
the Carxollton Neighborhoad west of Chili Avenue.
SUMMARY
Police Chief Kalsta.bakken requested more information from city pxosecutor Shawn Moynihan and
consulting traffic engineex Chuck Rickart related to the number of signs and sign placements in the
Caxrollton neighborhood as a result of Council direction at the June 15 City Council Work Session.
A memo from the Chief is atkached,as axe lettexs from Mr.Moynihan and Mr. R.ickart, fox Council review.
'This item is informational only. Staff recommends no change to the cuxrent sign placement or numbers.
Chief Kalstabakken is not planning to be in attendance at the meeting. Please contact him or the City
Adrninistrator if you have specific questions of the Chief prior ta the meeting.
��� '�i ROSEMOL;[�JT
POLICE DEPARTMENT
M E M O R A N D U M
To: Mayor Droste
Council Members Baxter, DeBettignies, hoe-Corrigan and Sterner
City Administrator Verbrugge
From: Gary Kalstabakken, Chief of Po '
. Date: July 7, 2005
Subject: No Parking Signs — Carrollton Neighborhood �
At the June 15,2005 Council Work Session,Ron and Nina Jacobson presented informarion
to the Council requesting that the No Parking Signs be removed from the neighborhood
except for three signs at the three street entries into the area. In response to the Jacobson's
request, City Prosecuting Attomey Shawn Moynihan and Traffic Engineer Chuck Rickart
were asked to formally review and comment on the placement of the no parking signs.
Mr• Mojmihan's and Mr. Rickart's responses are attached. Both visited the site befoxe
writing their responses. Mr.Moynihan's opinion is tha.t there are not too many signs on
these streets and that the removal of all but the signs at the entrance would not give
adequate notice to motorists of the parking restrictions.
Mx. Rickart's opinion is that the signs have been pla,ced in the correct locations and should
not be changed. He writes that signs should be placed at the entrance/beginning of each
block,but also need to be placed with sufficient frequency to give a clear message that
parking restrictions exist The current placeme�t allows signs to be seen from anywhere a
motorist may be along the xoadwap.
Sta,ff's opinion is that no changes in the sign placement should be ma.de. The sign locations
were determined based upon site lines and the visibility of the signs and that the signs were
placed a similar distance to paxking restriction signage on other city streets.
, . .
_ ♦
FLUEGEL & IVLOYNII�[AN P.A.
Attorneys At Law
Donald J.Fluegel* 1303 South Frontage Road,Suite 5 Telephone 651-438-9777
Shawn M.Moynihan � Hastings,MN 55033-2477 Fax 651-438-9775
Daniel J.Fluegel
June 29, 2005
Chief Gary Kalstabakken
Rosemount Police Department
2875 145"' Street West
Rosemount,MN 55068
Re: Restricted Parking Sign Question -143'd Street, Etc.
Dear Chief Kalstabakken:
As you requested, I reviewed information regarding the posting of restricted parking signs on that
part of the following streets lying west of Chili Avenue; 143'�Street West;Upper 143Td Street West
and 144`h Street West.
In May,2005,'the City prohibited parking in this area during school days except by permit. Signs
were post�d inforining motorists of the parking restriction. The location of these �'igns are�slio�vn
on the attached Site Map with an"X". 'This parking restriction was to address fhe problem of high
school students parking in this'residential area to avoid paying the high school's parking fee.
I understand a citizen has complained there are too many restricted parking signs posted in this area.
Presently,there are essentially two restricted parking signs on each side of the street on each of these
three streets and on Cimarron Avenue.
It is my opinion there are not too many signs informing the public of the parking restrictions on these
three streets.
To enforce parking restrictions,the City must be able to demonstrate to the court that the motoring
public had adequate notice of the parking restrictions being imposed. For example,handicap spaces
must be clearly marked and yellow curbs must be properly painted and kept free from obstructions.
I understand the resident has suggested only three signs be posted; one at the entrance at each of the
three streets. I do not believe that would give a driver adequate notice of the parking restrictions.
I believe that if only three signs were posted and a parking ticket was issued'in this area, the
defendant would complain there were only three signs in this entire area and how it was insufficient
to give them notice.
*Also admitted to practice in Wisconsin
To illustrate this point, one only has to think back to last November and December when the City
ticketed people for violating the winter parking ban. Each year the City takes great strides to inform
its citizens of the winter parking ban. When people receive a ticket,however,they complained about
the lack of notice and how unfair it was they received a ticket. I believe if the City reduces the
number of signs on these three streets, a similar type of complaint will be heard.
To assist me in reviewing this matter, I drove through these streets to view tk�e signs. Clearly,this
area is not over signed. In fact,I feel there may not be enough signs posted in this area. The distance
between the signs makes it unclear whether the parking restriction is just by the sign or for the entire
block. To remedy this problem, I suggest the City consider adding the words "this block" ar
"between signs" to the current signs. Either of these options would inform a motorized that the
entire block is restricted parking during the posted times.
If you have ary other c�uestions I can help you with nn this matter,please do not hesitate to contact
me.
Very truly yours,
FLUEGEL & MOYNIHANP.A.
..
`n
Shawn M. Moynihan
City Prosecutor
SMM:ham
Enclosure
. ," ..
���
� Infrastructure■ Engineering■ Planning■Construction T01 Xenia Avenue South
&Associates,Ina SUIt@#3OO
Minneapolis,MN 55416
Tel: 763 541-4800
Fax: 763 541-1700
�Vlemorandum
To: Gary Kalstabakken, Chief of Police
City of Rosemount
From: Chuck Rickart,P.E.,P.T.O.E.
Transportation Engineer
cc: Andy Brotzler,P.E., City Engineer
City of Rosemount
Date: July 6, 2005
Re: Parking Sign Locations
West of Chippendale Avenue
WSB Projeet No. 1045-99
T'he CiTy of Rosemount installed"No Parking" signs on 143Td Street,Upper 143`d Street, and
144�' Street between Cimarron Avenue and Chippendale Avenue. The signs were posted for
"Permit Parking Only"in response to students from Rosemount High School parking on these
streets to avoid paying parking fees at the high schooL
Based on complaints from local residents,the City requested that I review the placement of the
"No Parking"signs. Andy Brotzler and I made a site visit to review the placement of the signs.
The Manual on Uniform Tr�c Control Devices (MLJTCD) indicates that for signs to be
effective,they should meet five (5)basic requirements:
1. Fulfill need
2. Command action
3. Convey a clear, simple meaning
4. Command respect to the road user
5. Give adequate time for proper response
The manual outlines five (5)considerations that will ensure that the five basic requirements
discussed are met:
l. Design: In order to convey a clear message,the physical features of the sign must
be considered. 'This ineludes the size, color,and shape of the sign.
2. Placement: The sign should be placed in such manner that each driver can see
and react to the sign.
� C:�Uw�medsrdSanm6+4�ROB8MOIMIV.odBatliep�T�pnnYldavNFdsVDLKN3W6MOybWb�kk�M7WA3.doc � .
Gary Kalstabakken,Chief of Police .
City of Rosemount
July 6,2005
Page 2 of 2
3. Operation: Signage should be installed in a way that does not conflict with other
signs or tr�c control devices. This requires signing to be uniform and
consistent.
4. Maintenance: Signing should be maintained in order to be legible and visible
during all times of the day and all types of weather.
5. Uniformity: It is very important that signs are used in a consistent and uniform
basis to throughout the City.
Regulatory signs, including"No Parking" signs should be placed based on the following criteria:
1. Where expected: Signs should be placed on the roadway where the traveling public
would expect to see the signs. In the case of the"No Parking" si�ns,they should be
placed at the beginning of each block.
2. Consistency: Signs should be consistent with other areas within the City pf
Rosemount. Other locations within the City of Rosemount where"No Parking" signs
are posted, including the areas to the east of Chippendale Avenue,are posted
approximately 500 feet apart. Signs that were installed in this area have been spaced
approximately 500 feet apart.
3. Minimal Property Impact: Signs should be placed on property lines where
possible. In this case, a11 signs have been placed on property lines.
4. Enforcement: Signs need to be placed in such a manner that no question can be
raised to enforcement of the restriction. "No Parking"signs placed in this azea were
located in such a manner that a sign can be seen from anywhere you are along the
roadway. This gives a clear message to the driver that no parking,except by permit,
is allowed on the roadway.
Based on the above criteria,the site visit, and my engineering judgment,the"No Parking"signs
were placed at the conect locations and should not be changed.
If you have any questions or require any additional information on this issue,please contact me
at 763-287-7183.
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� Mema -Request June 15,2005
To: Rosemaunt City Cauncil From: Ron and Nina Jacobson
Subject: Request for only Three No Parking Signs in Carroliton
Now that school is out and students no longer park in Carrollton, it is requested that a
second look be given to the new no parking signage in Carrollton and that the three-sign-
solution be considered.
Three Sign-Solution ;
The residential section southwest of Rosemount High School called Carrollton has a
street pattern like a capital E up against a north-south collector street on the east end
called Chilli. Access to this residential section is limited to three entry points (the right
tips of the E),namely 144th, Upper 143rd, and 143rd Streets at Chilli. The Three-Sign-
Solution consists of posting a No Parking Sign at each of the three entry points and
removing a11 other No Parking Signs currently standing in Carrollton..
At present a No Paxking School Days Sign is at each of the three entry points. It is
praposed that these three signs remain and that each sign be complimented with a red and
white parking pla.que which would read BEYOND THIS SIGN/BOTH SIDES OF
r
STREETS. This is illustrated below.
d
BEYOND THI� SiGN f� .
BUTH S1DES OF STREETS
The TNT Signs company in Aurora, Colorado have been consulted and the Manual af
�; Uniform Traffic Control Devices studied. It is hoped that this 3-sign-solution can be
� tried and the ather signs removed. Carrollton has been sign free for 26 years - and the
addition of the many no parking signs does not add to the spirit of small town ambiance.
RC�SE1�✓10LI�T � d .
P ��
ADMINISTRATION
July 6,2005
r U.S.Repzesentative John Kline
1429 Longworth House Office Building
Washington,D.C.20515
Dear Congressman Kline:
On behalf of the entire Rosemount City Council,I want to thank you and your District Director Mike
Osskopp for appearing at our July 5 City Council meeting. We ue better served being direcdy informed on
important federal issues such as uansportation than if we only monitor these issues from afar with no
intesaction or dialogue. Your urillingness to share your views in pezson demonsuates to our shared
constituents that we are indeed working together for the betterment of our 1oca1 communities. rind it isn't very
ofren that we engage in discussioa of foreign affairs at a City Council meeting,so that was a pleasant bonusi
On the issue of emuient domain,we certainly appreciate your passion for curbing perceived or existing
examples of government abuse and heavq-handedness. I do want to share with you that the City of
Rosesnount is moving forward with redevelopment of our downtown area,aad that eminent domain may be an
important tool iu our ability to revitalize the historic center of our community. r�ithough we will be going to
great lengths to make every effort possible to negotiate fair and reasonable purchases of psivate property,the
use of eminent domain map be necessary to preventone or two property owners from holding hostage a
pzoject that will benefit the entise communiry.
The point of sharing this local story is to be suce that our legislators understand that the circumstances in Kelo
v.New London,the pe=ceptions surrouadiag Best Buy in Richfieid,or the Detroit experiences of decades past
in destroying whole neighborhoods for the benefit of GM are not the norm when it comes to local economic
development. In thousands of small towns aczoss r^�merica,local elected officials are faced with the challenge
of keepiag parts of their commuaities from eacperiencxng disinvestment and becoming market obsolete.
, Esninent domain is an important tool in those ef€orts.
I hope that you will consider the wide and sweeping effect that some of the proposed conections to eminent
domain in tl�e U.S.House of Repsesentatives will have on small cides like Roseinount. As just one small
example,prohibiting city's to use Community Development Block Grant funds in downtown redevelopment if
eminent domain is used—as pmposed—will make it more challenging for us to tum our downtown distsict
azound. Kelo v.New London did not legislate new and expaaded powers to govemment. It sisnply confitmed
decades of practice and case law that economic development is a"public use"aad not just a"public purpose."
I hope you will consider the local impact as the House moves fosward with this important discussion.
r�gain,thank you for spending time with us. We look forward to continuing our work together to beaefit the
iesidents of Rosemount and the 2'�District. Best wishes for continued successl
Sincerely,
� � � � �
William H.Droste
Mayor
SP/R/ T OF PR/DE AND PROGRESS
Rosemount City Hall • 2875 145th Street West • Rosemount, MN 55068-4997
651-423-441 1 • TDD/TTY 651-423-621 9 • Fax 651-423-4424
www.ci.rosemount.mn.us