Minutes - Council - 04/25/1995 - Laserfiche WebLink

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N.W. The City agrees that it will not further assess any of the lots in the Plat for the hard surface improvement of Bison Street N.W. The said $9,434.00 will be deposited with the City prior to recording of the final plat. 3) What are the liability issues of closing a street. State Statutes grants Council the power to maintain and control its streets. This does, therefore, give the Council the authority to close a street temporarily or permanently in order to safeguard and protect the public. The justification for the closing of a street should be public safety or convenience and welfare of the citizens of the community. In order for a decision to close a street to be constitutional, the decision must be reasonable, uniform in operation, and not discriminatory or oppressive. Mr. Jankowski informed Council that they have the authority to close the street temporarily or permanently. Such a closure must be based upon a finding of public purpose by the Council which public purpose must be constitutional as above stated. The public purpose should be in the nature of public safety, reduction of noise, reduction of traffic hazards, etc. The major potential for City liability would be that incurred in an emergency and the emergency response is somehow inhibited or adversely affected by the closure of the street. If the Council elects to close the street for an adequate public purpose, it would seem any potential City liability for the closure would be minimal. However, should the public purpose be deemed inadequate, I would anticipate that the City's liability for injuries incurred as a result of the closure would increase. City Administrator Schroeder stated that in talking with residents, 171st is used to get to Dellwood Hills because it is the shortest distance. It was his assertion if the north half of Bison was paved, that incentive would no longer be there, folks would use Bison Street. A number of people there work in the Elk River area. Maybe it would be possible to work with the folks interested in paving the north end of Bison to see if it can get paved prior to any other action. Mayor Hardin felt there would be a petition coming and inquired if paving should be pursued first. Councilmember Beahen stated she would be fmc with that as long as we proceed forward. People have expressed anger that nothing is done. Councilmember Beyer argued that we have done that every year. Mayor Hardin suggested that maybe people who were opposed to paving of the north end of Bison may now be in favor of it. Councilmember Beyer inquired if there is a petition and asked if it wouldn't be better to wait. Mayor Hardin stated he is not in favor of closing 171st. Councilmember Beahen inquired what would be a fair compromise. Councilmember Beyer stated that Council could postpone any action for 30 days to wait for a petition. If there is no petition, then we could take some action. Tim Dusbabek, 7821 - 171st Avenue N.W., Ramsey, stated that Mr. Schroeder is making an assumption that all the traffic will go out 173rd. He felt that the problem was not being addressed. Mr. Schroeder stated that some of that is occurring because it is the shortest distances of non-paved road. City Council/April 25, 1995 Page 17 of 23