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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 <br />surface improvement of Bison Street N.W. The said $9,434.00 will be deposited with the <br />City prior to r~cording of the final plat. 3) What are the liability issues of closing a street. <br />State Statuteslgrants Council the power to maintain and control its streets. This does, <br />therefore, giv0 the Council the authority to close a street temporarily or permanently in <br />order to safeggard and protect the public. The justification for the closing of a street should <br />be public safe0y or convenience and welfare of the citizens of the community. In order for <br />a decision to close a street to be constitutional, the decision must be reasonable, uniform in <br />operation, and not discriminatory or oppressive. Mr. Jankowski informed Council that <br />they have the ~uthority to close the street temporarily or permanently. Such a closure must <br />be based uponi a finding of public purpose by the Council which public purpose must be <br />constitutional 4s above stated. The public purpose should bein the nature of public safety, <br />reduction of n4ise, reduction of traffic hazards, etc. The major potential for City liability <br />would be that ~curred in an emergency and the emergency response is somehow inhibited <br />or adversely affected by the closure of the street~ If the Council elects to close the street for <br />an adequate public purpose, it would seem any potential City liability for the closUre would <br />be minimal. Hbwever, should the public purpose be deemed inadequate, I would anticipate <br />that the City's liability for injuries incurred as a result of the closure would increase. <br /> <br />City Adminis~ator Schroeder stated that in talking with residents, 171st is used to get to <br />Dellwood I-Iilli. because it is the shortest distance. It was his assertion if the north half of <br />Bison was pav~l, that incentive would no longer be there, folks would use Bison Street. <br />A number of p~ple there work in the Elk River area. Maybe it would be possible to work <br />with the folks ii~terested in paving the north end of Bison to see if it can get paved prior to <br />any other actioti. <br /> <br />Mayor Hardin ;felt there would be a petition coming and inquired if paving should be <br />pursued f~rst. <br /> <br />Councilmembe~ Beahen stated she would be f'me with that as long as we proceed forward. <br />People have expressed anger that nothing is done. <br /> <br />Councilmembe~ Beyer argued that we have done that every year. <br /> <br />Mayor Hardin suggested that maybe people who were opposed to paving of the north end <br />of Bison may nbw be in favor of it. <br /> <br />Councilmember Beyer inquired if there is a petition and asked if it wouldn't be better to <br />wait. <br /> <br />Mayor Hardin stated he is not in favor of closing 171 st. <br /> <br />Councilmember Beahen inquired what would be a fair compromise. <br /> <br />CouncilmemberiBeyer stated that Council could postpone any action for 30 days to wait for <br />a petition. If th&e is no petition, then we could take some action. <br /> <br />Tim Dusbabek, 7821 - 171st Avenue N.W., Ramsey, stated that Mr. Schroeder is making <br />an assumption ~at all the traffic will go out 173rd. He felt that the problem was not being <br />addressed. <br /> <br />Mr. Schroeder slated that some of that is occurring because it is the shortest distances of <br />non-paved road.; <br /> <br />City Council/April 25, 1995 <br /> Page 17 of 23 <br /> <br /> <br />