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<br /> June 23, 1994 .jlJ! /P
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<br /> Dan Winkel
<br /> Public Works Superintendent j,
<br /> ",I.
<br /> City of Arden Hills
<br /> 1450 West Highway 96
<br /> Arden Hills, MN 55112
<br /> RE: Proposed Arden Hills Traffic Sign Policy
<br /> Our File No.: 10450/920001
<br /> Dan:
<br /> As requested by the City Council, I have reviewed the proposed
<br /> Street Sign Policy. The Council had raised a question regarding
<br /> the delegation of discretionary authority.
<br /> As a general rule, the City is liable for the consequences of
<br /> its decisions. There is a narrowly construed exception to the
<br /> general rule which states that the City is immune from liability
<br /> e for the results of discretionary acts. Discretionary acts are
<br /> generally policy making level decisions. Non-discretionary acts
<br /> are generally operation level decisions, As it relates to the
<br /> City's proposed Traffic Sign Policy, a decision to adopt the policy
<br /> and to locate a sign in a particular area would be a discretionary
<br /> decision. The mechanics of installing the sign would involve some
<br /> non-discretionary acts. The negligent installation of the sign
<br /> could subject the City to liability.
<br /> In this particular case, there are some additional laws which
<br /> should be considered by the City in formulating its Traffic Sign
<br /> Policy. Since those individuals who do not obey the direction of
<br /> a sign can be prosecuted, the installation of the sign must be
<br /> approved by the City Council (Minnesota Statutes 169,06, Subd. 3
<br /> and 412,221, Subd. 6, 7, and 18). Therefore, the City Council must
<br /> be the agent that exercises discretion in determining whether a
<br /> sign is to be installed in a certain location.
<br /> e.
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