HomeMy WebLinkAbout3.a. Chippendale Avenue Speed Limit �
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MEMO . .,-,,,� ,_ _
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TO: MAYOR 8� CITY COUNCIL
TOM BURT, CITY ADMINISTRATOR
FROM: BUD OSMUNDSON, CITY ENGINEER/PUBLIC WORKS DIRECTOR
DATE: DECEMBER 10, 1999
RE: CHIPPENDALE AVENUE SPEED LIMITS
In wrapping up construction projects for the last year, we are bringing forward for your
consideration the issue of the speed limit on Chippendale Avenue. In reality there are
two segments of Chippendale Avenue to consider the speed limits.
By State law, a copy of which is attached, cities can set speed limits in various ways.
First of all in an "urban district" the speed limit is 30 M.P.H. when a street is unsigned,
such as in all new residential subdivisions. Another way is to have MNDOT perform an
engineering and traffic investigation and have them set the speed limit, such as in the
case of Diamond Path. Another method used is in the situation of an urban area
growing up around a former rural road and the speed limit can then be changed by the
city passing a resolution stating that this roadway now meets the definition of an "urban
district" and therefore can be changed to 30 M.P.H.
On Chippendale Avenue between 145th Street and CSAH 42 the current speed limit is
35 M.P.H. We do not have a record of any speed study being performed there and
Staff believes that this speed limit is left over from when Chippendale was a County
road, which was prior to the mid-80's. Since that time the speed limit has remained at
35 M.P.H. even though the entire area surrounding it on both sides, in Staff's opinion,
does meet the definition of "urban district." After discussions with Police Chief
Kalstabakken it is Staff's recommendation to utilize the statute and change the speed
limit between 145th Street and CSAH 42 to 30 m.p.h.
The second segment to be considered is the one-mile between CSAH 42 and 160tn
Street. During construction 30 M.P.H. signs were installed on this segment. This is in
part due to the 30 M.P.H. curves on the southerly end near 160th Street and the hope to
keep traffic slow with all of the construction, both on the roadway and adjacent to ifi in
the Rosemount Commons and Wensmann 11th and 12th areas. Since this roadway has
been completed the City should either request that MNDOT perform a speed study or
pass a resolution that this segment is in the "urban district" and the speed limit should
stay at 30 M.P.H. •
Council should keep in mind that the neighbors on the west side of Chippendale in the
single-family homes will be complaining if the speed limit is raised. On the other hand I
have had probably five calls in the last year that the 30 M.P.H. speed limit is too low.
After consulting with Chief Kalstabakken it is Staff's recommendation to have MNDOT
perForm a speed study on this segment of roadway. However if Council does feel that
this area should remain at 30 M.P.H., the proper resolution should be prepared.
After your discussion and direction, Staff can prepare the necessary documents for a
future City Council meeting.
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. esota Statutes 1998, 169. Page 9 of 14
Subd. 56. Stand or tan . ng. "Stand or scanding"
�? means the halting of a veti: cle�whether occupied or not,
otherwise than temporarily or ti e purpose of and while actually
engaged in receiving or dis arg g passengers.
Subd. 57 . Stop. "Stop" m�:ris complete ce5sation
from movement.
� Subd. 58. Stopping. "Stopping" means an}� halting
even momentarily of a vehicle, whether occupied or not, except
when necesszry to avoid conflict with other tra�fic or in
connliance :•:ith the directions of a police officer or traffic
control sign or signal. _----------._��
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Subd. 59. Urban district. "Urban district" means :=�'�:.��
/,.- >.s��--,:rh.,
the territory contiguous to and including any sr.re�t which is .����=tt-:
/ ,' L;,,,,
�._,�
� built up with structures devoted to business, industry, or � f�� :_,
� '`+'��'=t*`.
�dwelling houses situated at intervals of less than 100 feet for . ; � � n
a distance of a quarter of a mile or more. �`� ��_�
�,•3'
� -._�_"__"_.... -�_-___"."_._""""_..�."_'.._.__._�'��� .- '
Subd. 60. Service vehicle. "Service veh�:lc" m�ans
a motor vehicle owned and operated by a person, rirm or
corporation engaged in a business which includes the repairing
or servicing of vehicles. The term also includes snow removal
and road maintenance equipment not operated by cr under contract
to the state or a governmental subdivision.
Subd. 61. Alcohol concentration. "Alcohci
concentration" means
(a) the number of grams of alcohol per 100 milliliters of
blood, or
(b) the number of grams of alcohol per 210 � .�ters of
breath, or
(c) the number of grams of alcohol per 67 milliliters of
urine.
Subd. 62 . Bicycle route. The term "bicycle route"
means a roadway or shoulder signed to encourage bicycle use.
Subd. 63. Ridesharing arrangement. "Ridesharing
arrangement" means the transportation of persons, for a fee or
otherwise, in a motor vehicle when the transportation is
incidental to another purpose of the driver. Tae term includes
the forms of shared transportation known as car�oels, commuter
vanpools, and buspools, whether or not furnishe3 by an
employer. A "ridesharing arrangement" does not include
transportation of employees by an employer from one place of
emnloyment to another.
Subd. 64. Buspool. "Buspool" means a pr«irranged
http://www.revisor.leg.state.mn.us/stats/169/Ol.html 2�24���
Minnesota Statutes 1998, 169.14 Page 1 of 7
Minnesota Statutes 1998 Table of Cha�ters
Table of contents for Cha�ter 169
169.14 Speed limits, zones; radar.
Subdivision 1. Basic rule; inattentiva driving. No
' person shall drive a vehicle on a highway at a sp�ed greater
than is reasonable and prudent under the conditions. E�rery
driver is responsible for becoming and remaining aware of the
actual and potential hazards then existing on tYie. highway and
must use due care in operating a 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.
Subd. 2. Speed limits. (a) Where no special hazard
exists the following speeds shall be lawful, but any speeds in
excess of such limits shall be prima facie evidence that the
speed is not reasonable or prudent and that it is unlawful;
except that the speed limit within any municipality shall be a
maximum limit and any speed in excess thereof shall be unlawful:
(1) 30 miles per hour in an urban district;
(2) 65 miles per hour on non-Interstate freeways and
expressways, as defined in section 160.02, subdivision 16;
(3) 55 miles per hour in locations other than those
specified in this section;
(4) 70 miles per hour on Interstate highways outside the
limits of any urbanized area with a population of greater than
50, 000 as defined by order of the commissioner of
transportation;
(5) 65 miles per hour on Interstate highways inside the
limits of any urbanized area with a population of greater than
50, 000 as defined by order of the commissioner of
transportation;
(6) ten miles per hour in alleys; and
(7) 25 miles per hour in residential roadways if adopted by
the road authority having jurisdiction over thz residential
roadway.
(b) A speed limit adopted under paragraph (a) , clause (7) ,
is not effective unless the road authority has erected signs
designating the speed limit and indicating the beginning and end
of the residential roadway on which the speed limit applies.
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, Minnesota Statutes 1998, 169.14 Page 2 of 7
Subd. 3 . Reduced speed reguired. (a) The driver of
any vehicle shall, consistent with the requirements, drive at an
appropriate reduced speed when approaching or passing an
authorized emergency vehicle stopped with emergency lights
flashing on any street or highway, when approaching and crossing
an intersection or railway grade crossing, when approaching and
going around a curve, when approaching a hill crest, when
traveling upon any narrow or winding roadway, and when special
hazards exist with respect to pedestrians or other traffic or by
reason of weather or highway conditions.
(b) A person who fails to reduce speed appropriately when
approaching or passing an authorized emergency vehicle stopped
with emergency lights flashing on a street or highway shall be
assessed an additional surcharge equal to the amount of the fine
imposed for the speed violation, but not less than $25.
Subd. 4. Establishment of zones by commissioner. On
determining upon the basis of an engineering and traffic
investigation that any spezd set forth in this section is
greater or less than is reasonable or safe under the conditions
found to exist on any trunk highway or upon any part thereof,
the commissioner may er�ct appropriate signs designating a
reasonable and safe speed limit thereat, which speed limit shall
be effective when such signs are erected. Any speeds in excess
of such limits shall be prima facie evidence that the speed is
not reasonable or prud�nt and that it is unlawful; except that
any speed limit within any municipality shall be a maximum limit
and any speed in excess thereof shall be unlawful. On
determining upon that basis that a part of the trunk highway
system outside a municipality should be a zone of maximum speed
limit, the commissioner may establish that part as such a zone
by erecting appropriat2 signs showing the beginning and end of
the zone, designating a reasonable and safe speed therefor,
which may be different than the speed set forth in this section,
and that it is a zone of maximum speed limit. The speed so
designated by the commissioner within any such zone shall be a
maximum speed limit, and speed in excess of such limit shall be
unlawful. The commissioner may in the same manner from time to
time alter the boundary of such a zone and the speed limit
therein or eliminate such zone.
Subd. 4a. Repealed, 1997 c 143 s 20
Subd. 5. Zoning within local area. When local
authorities believe that the existing speed limit upon any
street or highway, or part thereof, within their respective
jurisdictions and not a part of the trunk highway system is
greater or less than is reasonable or safe under existing
conditions, they may request the commissioner to authorize, upon
the basis of an engineering and traffic investigation, the
erection of appropriate signs designating what speed is
reasonable and safe, and the commissioner may authorize the
erection of appropriate signs designating a reasonable and safe
speed limit thereat, which speed limit shall be effective when
such signs are erected. Any speeds in excess of these speed
limits shall be prima facie evidence that the speed is not
reasonable or prudent and that it is unlawful; except that any
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, Minnesota Statutes 1998, 169.14 Page 3 of 7
speed limit within any municipality shall be a maximum limit and
any speed in excess thereof shall be unlawful. Alteration of
speed limits on streets and highways shall be made only upon
authority of the commissioner except as provided in subdivision
Sa.
Subd. 5a. Speed zoning in school zone; surcharge.
Local authorities may establish a school speed limit within a
school zone of a public or nonpublic school upon the basis of an
' engineering and traffic investigation as prescribed by the
� commissioner of transportation. The establishment of a school
speed limit on any trunk highway shall be with the consent of
the commissioner of transportation. Such school speed limits
shall be in effect when children are present, going to or
leaving school during opening or closing hours or during school
recess periods. The school sp2ed limit shall not be lower than
15 miles per hour and shall not be more than 20 miles per hour
balow the established speed limit on an affected street or
highway if the established speed limit is 40 miles per hour or
greater.
The school speed limit shall be effective upon the erection
of appropriate signs designating the speed and indicating the
beginning and end of the reduced speed zone. Any speed in
excess of such posted school speed limit is unlawful. All such
signs shall be erected by the local authorities on those streets
and highways under their respective jurisdictions and by the
commissioner of transportation on trunk highways.
For the purpose of this subdivision, "school zone" means
that section of a street or highway which abuts the grounds of a
school where children have access to the street or highway from
the school property or where an established school crossing is
located provided the school advance sign prescribed by the
manual on uniform traffic control devices adopted by the
commissioner of transportation pursuant to section 169.06 is in
place. All signs erected by local authorities to designate
speed limits in school zones shall conform to the manual on
uniform control devices.
Notwithstanding section 609. 0331 or 609 .101 or other law to
the contrary, a persdn who violates a speed limit established
under this subdivision is assessed an additional surcharge equal
to the amount of the fine imposed for the violation, but not
less than $25.
Subd. 5b. Segment in urban district. When any
segment of at least a quarter-mile in distance of any city
street, municipal state aid street or town road on which a speed
limit in excess of 30 miles per hour has been established
pursuant to an engineering and traffic investigation by the
commissioner meets the definition of "urban district" as defined
in section 169.01, subdivision 59, the governing body of the
city or town may by resolution declare the segment to be an
urban district and may establish on the segment the speed limit
for urban districts prescribed in subdivision 2 . The speed
limit so established shall b2 effective upon the erection of
appropriate signs designating the speed and indicating the
beginning and end of the segment on which the speed limit is
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. Minnesota Statutes 1998, 169.14 Page 4 of 7
established, and any speed in excess of such posted limits shall
be unlawful. A copy of the resolution shall be transmitted to
the commissioner at least ten days prior to thz erection of the
signs.
Subd. 5c. Speed zoning in alleyway. Local
authorities may regulate speed limits for alley�aays as defined
in section 169.01 based on their own engineering and traffic
investigations. Alleyway speed limits establishzd at other than
. ten miles per hour shall be effective when proper signs are
posted.
Subd. Sd. Speed zoning in work zone; surcharge. (a)
The commissioner, on trunk highways and temporary trunk
highways, and local authorities, on streets and highways under
their jurisdiction, may authorize the use of reduced maximum
speed limits in highway work zones. The commissioner or local
authority is not required to conduct an engin=ering and traffic
investigation before authorizing a reduced sp=ed limit in a
highway work zone.
(b) The minimum highway work zone speed limit is 20 miles
per hour. The work zone speed limit must not reduce the
established speed limit on the affected StY22t or highway by
more than 15 miles per hour, except that the highway work zone
speed limit shall not exceed 40 miles per hour. Highway work
zone speed limits are effective on erection of appropriate
regulatory speed limit signs. The signs must be removed or
covered when they are not required. A spead greater than the
posted highway work zone speed limit is unlawful.
(c) For purposes of this subdivision, "highway work zone"
means a segment of highway or street where a road authority or
its agent is constructing, reconstructing, or maintaining the
physical structure of the roadway, its shoulders, or features
adjacent to the roadway, including underground and overhead
utilities and highway appurtenances.
(d) Notwithstanding section 609.0331 or 609.101 or other
law to the contrary, a person who violates a speed limit
established under paragraph (b) , or who violates any other
provision of this section while in a highway work zone, is .
assessed an additional surcharge equal to the amount of the fine
imposed for the speed violation, but not less than $25.
Subd. 5e. Speed limit on park road. Th� political
subdivision with authority over a park may establish a speed
limit on a road located within the park. A speed limit
established under this subdivision on a trunk highway is
effective only with the commissioner's approval. A speed limit
established under this subdivision must be based on an
engineering and traffic investigation prescribed by the
commissioner of transportation and must not be lower than 20
miles per hour, and no speed limit establish2d under this
subdivision may reduce existing speed limits by more than 15
miles per hour. A speed limit established und�r this
subdivision is effective on the erection of appropriate signs
designating the speed limit and indicating the beginning and end
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, Minnesota Statutes 1998, 169.14 Page 5 of 7
of the reduced speed zone. Any speed in excess of the posted
speed is unlawful.
Subd. 6. Repealed, Ex1971 c 27 s 49
Subd. 7. Burden of proof. The provisions of this
chapter declaring speed limitation shall not be construed to
relieve the plaintiff in any civil action from the burden of
proving negligence on the part of the defendant as the proximate
� cause of an accident.
Subd. 8. Minimum speeds. On determining upon the
basis of an engineering and traffic investigation that a speed
at least as great as, or in excess of, a specified and
determined minimum is necessary to the reasonable and safe use
of any trunk highway or portion thereof, the commissioner may
erect appropriate signs specifying the minimum speed on such
highway or portion thereof. The minimum speed shall be
effective when such signs are erected. Any speeds less than the
posted minimum speeds shall be prima facie evidence that the
speed is not reasonable or prudent and that it is unlawful.
Subd. 9. Standards of evidence. In any prosecution
in which the rate of spe�d of a motor vehicle is relevant,
evidence of the speed of a motor vehicle as indicated on the
speedometer thereof shall be admissible on a showing that a
vehicle is regularly us�d in traffic law enforcement and that
the speedometer thereon is regularly and routinely tested for
accuracy and a record of the results of said tests kept bn file
by the agency having control of said vehicle. Evidence as to
the speed indicated on said speedometer shall be prima facie
evidence that the said vehicle was, at the time said reading was
observed, traveling at the rate of speed so indicated; subject
to correction by the amount of error, if any, shown to exist by
the test made closest in time to the time of said reading.
Records of speedometer tests kept in the regular course of
operations of any law enforcement agency shall be admissible
without further foundation, as to the results of said tests.
Such records shall be available to the defendant upon demand.
Nothing herein shall be construed to preclude or interfere with
the cross examination or impeachment of evidence of rate of
speed as indicated by speedometer readings, pursuant to the
rules of evidence.
Subd. 10. Radar; speed-measuring device; standards of
evidence. In any prosecution in which the rate of speed of a
motor vehicle is relevant, evidence of the speed as indicated on
radar or other speed-measuring device is admissible in evidence,
subject to the following conditions:
(a) the officer operating the device has sufficient
training to properly operate the equipment;
(b) the officer testifies as to the manner in which the
device was set up and operated;
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(c) the device was operated with minimal distortion or
interference from outside sources; and
(d) the device was tested by an accurate and reliable
external mechanism, method, or system at the time it was set up.
Records of tests made of such devices and kept in the
. regular course of operations of any law enforcement agency are
admissible in evidence without further foundation as to the
results of the tests. The records shall be available to a
defendant upon demand. Nothing in this subdivision shall be
construed to preclude or interfere with cross examination or
impeachment of evidence of the rate of speed as indicated on the
radar or speed-measuring device.
Subd. 11. Hand-held police traffic radar. Law
enforcement agencies that use hand-held radar units shall
establish operating procedures to reduce the operator's exposure
to microwave radiation. The procedures, at a minimum, must
require:
(1) that the operator turn the unit off when it is not in
use;
(2) if the unit has a stand-by mode, that the operator use
this mode except when measuring a vehicle's speed;
(3) that the operator not allow the antenna to rest against
the operator's body while it is in operation; and
(4) that the operator always point the antenna unit away
from the operator and any other person in very close proximity
to the unit.
Subd. 12. Radar jammer. For purposes of this
section, "radar jammer" means any instrument, device, or
equipment designed or� intended for use with a vehicle or
otherwise to jam or interfere in any manner with a
speed-measuring device operated by a peace officer.
No person shall sell, offer for sale, use, or possess any
radar jammer in this state.
HIST: (2720-178) 1937 c 464 s 28; 1939 c 430 s 6; 1947 c 428 s
12,13; 1955 c 802 s 1,2; 1957 c 580 s 1; 1963 c 843 s 1-4; 1969
c 623 s 1; 1975 c 53 s 1; 1975 c 363 s 1,2; 1976 c 166 s 7; 1979
c 60 s 1; 1980 c 498 s 4; 1984 c 417 s 24,25; 1986 c 444; 1987 c
319 s 1; 1991 c 298 art 4 s 9; 1993 c 26 s 1; 1993 c 61 s 1;
1994 c 635 art 1 s 12; 1994 c 640 s 1; 1994 c 645 s 1; 1995 c
118 s 1; 1995 c 265 art 2 s 18; 1996 c 455 art 1 s 5, 6; 1997 c
143 s 9-11; 1997 c 159 art 2 s 20,21
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Copyright 1998 by the Office of Revisor of Statutes, State of Minnesota.
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