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N.W. The City <br />surface improve <br />City prior to rec, <br />State Statutes g <br />therefore, give 1 <br />order to safeguai <br />be public safety <br />a decision to clo <br />operation, and r <br />they have the au <br />be based upon a <br />constitutional as <br />reduction of not <br />would be that in <br />or adversely affe <br />an adequate pub] <br />be minimal. Ho <br />that the City's lia <br />Tees that it will not further assess any of the lots in the Plat for the hard <br />-nt of Bison Street N.W. The said $9,434.00 will be deposited with the <br />ling of the final plat. 3) What are the liability issues of closing a street. <br />nts Council the power to maintain and control its streets. This does, <br />Council the authority to close a street temporarily or permanently in <br />and protect the public. The justification for the closing of a street should <br />convenience and welfare of the citizens of the community. In order for <br />a street to be constitutional, the decision must be reasonable, uniform in <br />discriminatory or oppressive. Mr. Jankowski informed Council that <br />)rity to close the street temporarily or permanently. Such a closure must <br />nding of public purpose by the Council which public purpose must be <br />)ove stated. The public purpose should be in the nature of public safety, <br />, reduction of traffic hazards, etc. The major potential for City liability <br />rred in an emergency and the emergency response is somehow inhibited <br />;d by the closure of the street. If the Council elects to close the street for <br />purpose, it would seem any potential City liability for the closure would <br />.ver, should the public purpose be deemed inadequate, I would anticipate <br />lity for injuries incurred as a result of the closure would increase. <br />City Administrator Schroeder stated that in talking with residents, 171st is used to get to <br />Dellwood Hills 4ecause it is the shortest distance. It was his assertion if the north half of <br />Bison was pav^A that incentive would no longer be there, folks would use Bison Street. <br />A number of p le there work in the Elk River area. Maybe it would be possible to work <br />with the folks interested in paving the north end of Bison to see if it can get paved prior to <br />any other action. <br />Mayor Hardin fklt there would be a petition coming and inquired if paving should be <br />pursued first. <br />Councilmember 13eahen stated she would be fine with that as long as we proceed forward. <br />People have exprlessed anger that nothing is done. <br />Councilmember Oeyer argued that we have done that every year. <br />Mayor Hardin sgggested that maybe people who were opposed to paving of the north end <br />of Bison may noW be in favor of it. <br />Councilmember Beyer inquired if there is a petition and asked if it wouldn't be better to <br />wait. <br />' Mayor Hardin stated he is not in favor of closing 171 st. <br />Councilmember Peahen inquired what would be a fair compromise. <br />i <br />' Councilmember Meyer stated that Council could postpone any action for 30 days to wait for <br />a petition. If there is no petition, then we could take some action. <br />' Tim Dusbabek, 7821 - 171st Avenue N.W., Ramsey, stated that Mr. Schroeder is making <br />an assumption th4t all the traffic will go out 173rd. He felt that the problem was not being <br />addressed. <br />' Mr. Schroeder stated that some of that is occurring because it is the shortest distances of <br />non -paved road. <br />' rI City Council /April 25, 1995 <br />Page 17 of 23 <br />53 <br />