Legislation Details

File #: RES 22-168    Version: 1 Name: Change to 35MPH speed limit on 131st to Lexington Ave
Type: Resolution Status: Agenda Ready
File created: 11/7/2022 In control: City Council
On agenda: 11/7/2022 Final action:
Title: Declaring a Rural Residential District and Adopting a Statutory 35 MPH Speed Limit on 131st Avenue NE from Approximately 410 Feet West of Legacy Creek Parkway to Lexington Avenue
Sponsors: Dan Schluender
Attachments: 1. 131st Ave Location Map.pdf
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Consent Agenda - Dan Schluender, City Engineer

 

Title

Declaring a Rural Residential District and Adopting a Statutory 35 MPH Speed Limit on 131st Avenue NE from Approximately 410 Feet West of Legacy Creek Parkway to Lexington Avenue

 

 

Executive Summary

To comply with State Statute 169.14, this item would declare 131st Avenue from approximately 410 feet west of Legacy Creek Parkway to Lexington Avenue a rural residential district and establish a statutory speed limit of 35 miles per hour (mph).

 

Background

131st Avenue from Lexington Avenue to approximately 410 feet west of Legacy Creek Parkway is a rural section gravel road.  The road is currently signed with a speed limit of 30 miles per hour.  The Blaine Police Department has identified issues with being unable to enforce the current 30 mph speed limit as it does not meet the requirements set forth in State Statute 169.14 for speed limits.

State Statute 169.14 identifies specific speed limits in a municipality for various roadway types.  A 30 mph speed limit is authorized by statute for streets in an urban district.  State Statute defines an urban district as, “the territory contiguous to and including any city street or town road that is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter of a mile or more.”  This section of 131st Avenue has large lots with most of the homes being separated by 200 feet or more and thus does not meet the statutory definition of an urban district.

131st Avenue does meet the statutory definition of a rural residential district which is defined as, “the territory contiguous to and including any city street or town road that is built up with visible dwelling houses situated at intervals averaging 300 feet or less for a distance of a quarter of a mile or more.”  State Statute identifies a statutory speed limit of 35 mph for rural residential districts.

If a municipality desires to establish a speed limit on a roadway other than the specific limit set forth in statute, the municipality must request the Commissioner of Transportation (MnDOT) to do a speed study to identify and authorize what the reasonable and safe speed limit will be set at.  The speed study will involve the removal of any speed limit signs and then monitoring traffic speeds on the unsigned road. The speed data is then used to determine what the 85th percentile speed is, which is defined as the speed that 85% of the vehicles are traveling at or below under free-flowing conditions.  This 85th percentile speed is generally what MnDOT will then authorize the road speed limit to be set at.

Staff has researched and found no City Council action or MnDOT speed study declaring a speed limit on 131st Avenue so it is unknown when the 30 mph speed limit signs were installed or who authorized them. Thus, it is staff’s opinion that the 30 mph speed limit sign is not legally enforceable.  If the City were to request MnDOT to do a speed study, it is a good possibility that the speed limit would be set at greater than 30 mph.  For this reason, it is recommended that 131st Avenue be declared a rural residential district and be signed with a speed limit of 35 mph in compliance with state statutes.

This item went before the Traffic Commission on September 6, 2022 and the Traffic Commission recommended unanimously that the City Council declare 131st Avenue a rural residential district and adopt the 35 mph statutory speed limit.

Strategic Plan Relationship

This project aligns with the City’s strategic plan goal of well-maintained infrastructure by providing consistent high-quality street signage.

 

Board/Commission Review

Traffic Commission reviewed and recommended approval at the September 6, 2022 meeting

 

Financial Impact

None

 

Public Outreach/Input

No action taken.

 

Staff Recommendation

By motion, approve the resolution.

 

Attachment List

Location Map

 

Recommendation

By motion, approve the resolution.

 

Body

WHEREAS, the City Council is cognizant of providing regulation of vehicular traffic in a safe and responsible manner; and

 

WHEREAS, City Ordinance requires a Council Resolution specifying the placement of regulatory signs; and

 

WHEREAS, the regulatory signs are considered to meet warrants for traffic control established in the Minnesota Manual on Uniform Traffic Control Devices.

 

WHEREAS, Minnesota Statutes define a rural residential district as the territory contiguous to and including any city street or town road that is built up with visible dwelling houses situated at intervals averaging 300 feet or less for a distance of a quarter of a mile or more.

 

 WHEREAS, Minnesota Statutes state that when any segment of at least a quarter mile in distance of any City street meets the definition of an “Rural Residential District”, the governing body may, by resolution, declare the segment to be a Rural Residential District and may establish the speed limit for a Rural Residential District of 35 mph; and

 

WHEREAS, 131st Avenue from Lexington Avenue to 410 feet west of Legacy Creek Parkway meets the MN State Statute requirements for a Rural Residential District; and

 

WHEREAS, the 35 mph speed zone shall be established on 131st Avenue from Lexington Avenue to approximately 410 feet west of Legacy Creek Parkway.

 

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Blaine that regulatory signs are hereby authorized to be installed as follows:

 

That 131st Avenue to approximately 410 feet west of Legacy Creek Parkway to Lexington Avenue hereby declared an “rural residential district” and a 35 miles per hour speed limit is therefore established on said segment according to Minnesota Statute 169.14, subdivision 2, subpart 8.  The Commissioner of Transportation shall be notified of this, and if no objection is raised within 10 days, the City will proceed with installation of 35 mph speed limit signs.

 

PASSED by the City Council of the City of Blaine this 17th day of October, 2022.