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recommendation by the Public Works Environment and Transportation Commission (PWETC) before final action by the City Council. If the feasibility report is adopted and the preliminary assessment roll is approved by the City Council, the project is ordered. If the feasibility report and preliminary assessment roll are not adopted by the Council, the plans and specifications will not be ordered and the project will be terminated. The project will thereafter be removed from the list and the Benefited Area is not allowed to reapply for a same or similar study for five years. Step 10 –Design, Final Assessment Roll and Construction Final design and construction supervision are administered by the City and are generally completed within 12 months after final approval and assessment by the City Council. City staff prepares and recommends the final assessment roll as required under authority granted by Minnesota Statute Chapter 429. Step 11 -Monitoring and Future Actions The City will conduct periodic monitoring of the fully installed traffic management strategy to determine if the project continues to provide effective improvement to the neighborhood.The monitoring will be conducted at the discretion of the City based on available funding, staffing levels, and resident comments. If monitoring shows that the implemented strategy fails to achieve the intended goals it may be removed. Legal Considerations From the local government perspective, the legal issues surrounding traffic management strategies fall into three categories: statutory authority, constitutionality, and tort liability. First,the local government must have legal authority to implement traffic management strategies ona given roadway (statutory authority). Second, the local government must respect theconstitutional rights of affected landowners and travelers on the roadways (constitutionality).And finally, the local government must take steps to minimize the risk to travelers from theinstallation of traffic management strategies (tort liability).Through documentation of the entireprocess, including the collection and evaluation of traffic data, the decision process, andinteraction with the public, theRosevilleTraffic Management Program can minimize potentiallegal difficulties. Appeals Decisions of staff can be appealed to the City Council. The appeals process will follow established City procedures. Removal The Traffic Management Program is intended to avoid the costly installation and later costly removal of traffic management strategies. On occasion, however, it may be determined to be desirable to remove a traffic management strategy installed under the Program. If the removal is City initiated due to safety/ crash/ complaint issues, the removal will be at City expense. If the removal request is at the request of the Benefited Area, the removal will be charged to the property owners in the defined Benefited Area. The request will be processed generally using the same procedures as outlined in this program requiring written request and appropriate neighborhood approval. 12 City Council Review Draft- 4/06/12