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• <br />APPROVED COUNCIL MINUTES NOVEMBER 25, 2002 <br />Councilmember Carlson asked if the project would stay within the 50 -foot right-of-way on the home <br />side. Community Development Director Grochala stated the project shown here starts at the <br />southeastern edge of the bridge and would taper out at the intersection to accommodate the turn lanes. <br />Even on the County's ultimate plan the west side right-of-way would stay where it currently is and all <br />new right-of-way would come off existing undeveloped areas. <br />Councilmember Carlson asked if by accepting this it would put the City in a position to provide 120 <br />feet of right-of-way instead of 100 feet. Community Development Director Grochala stated he thinks <br />if development took place, the City would require 120 feet along Hodgson Road which would be <br />consistent with the City's Zoning Ordinance and street standards since it is adjacent to a County road. <br />Then Anoka County would have the authority to review and require right-of-way width for <br />improvements that would be required out there. South of Birch Street as part of plat review, Anoka <br />County would request what they ultimately need for their long-range plans. <br />Councilmember Carlson asked if the City is obligated to provide that. <br />City Attorney Hawkins stated his opinion that Anoka County has review authority but cannot legally <br />force the City to take 120 feet of right-of-way. However, Anoka County can take it themselves. <br />Councilmember Carlson stated that a lot of the contention between the City and Anoka County is the <br />right-of-way requirements and she hoped they could come to an agreement with the County for <br />improvement of that road but the County has already rejected the City's 100 -foot proposal that <br />included a median and four lanes for most of the distance. Councilmember Carlson stated staff s <br />answers have helped to alleviate some of her concerns, however, she shares Councilmember Dahl's <br />concern about funding since the City's Comprehensive Plan says if it is to be put in, the developer is <br />to fund those improvements. <br />Councilmember Carlson noted the reference to posting a letter of credit of up to 40% of the cost to <br />install the traffic signal but she thought a letter of credit was a higher percentage. Community <br />Development Director Grochala explained how the letter of credit amount is calculated and noted it <br />would actually be 150% of the developer's share. <br />Councilmember Carlson asked if the same can be required of Bruggeman. <br />Councilmember Carlson stated her other concern relates to what Mr. Bening raised regarding the <br />Charter and the City not being able to use money for landscaping. She asked if the City is going to do <br />improvements and landscape on Highway 49. <br />Community Development Director Grochala stated that is to be decided but if it fell to the City to <br />complete this project, short of going to a voter approved referendum, City funds cannot be used for <br />that project. However, MSA funds could be used for that type of work. <br />19 <br />