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Regular City Council Meeting Monday, October 10,2011 Page 19 • meet those engineering criteria, and installation of one to address right-of-way conflicts if not determined necessary based on those warrants, had actually been found to create more of an issue, since people would not stop and it would not ad- dress their speed anyway if they chose not to stop since they perceived no danger. Councilmember Willmus questioned if the City Council was to take action, irres- pective of the study, to install a stop sign at Fernwood Avenue and Josephine Road, would the City be liable. City Attorney Gaughan advised, that in studying a related issue, it had been de- termined that such action could be deemed as a discretionary function of the City Council, and that the City Council would probably not be liable. Related to the nature of County Road C-2 being a State Aid Road, Ms. Bloom ad- vised that she would like to follow-up further on liability issues. At the request of Mayor Roe, Ms. Bloom confirmed that 2001 traffic warrant le- vels did not support installation of a stop sign at the intersection of Fernwood Avenue and Josephine Road. Related to speed, Ms. Bloom noted that speed limits were set by the State Com- e missioner of Transportation, and 25 mph was only allowed on parkways, and oth- erwise 30 mph the minimum speed limit, which was the current speed limit on Jo- sephine Road. If the City was to request a traffic study, it would be completed on the 85th percentile of speed of speeds on Josephine Road, and Ms. Bloom advised that recent studies had already indicated that the 85th percentile on Josephine Road is 35 mph. Ms. Bloom advised that safer roads were the result of speed lim- its set at a safe limit, and when studies are done, they usually come back with a higher number. Mayor Roe noted, as a public reminder, that the City Council had previously re- quested that the City's Public Works, Environment, and Transportation Commis- sion develop a city-wide traffic mitigation policy, currently being developed, and which would include various traffic safety mitigation methods based on a consis- tent and standard set of criteria. Regarding re-striping of County Road C as a four-lane road, Ms. Bloom advised that, while it had been built wide enough for four (4) lanes, studies have indicated that human nature and habit indicates that people will continue using the roads of their choice. Ms. Bloom advised that, when construction projects and cost estimates are pro- vided, they include all anticipated costs for such a project, including driveway re- construction, curbing, curbs,trees, catch basins, hydrants, and all items that would •