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COUNCIL MINUTES December 13, 2004 APPROVED 241 the threshold Staff used. He noted that while they could request more MUSA from the Metropolitan 242 Council, that option is currently available as well, and is always an inherent right of the property •243 owner to make that request. 244 245 City Administrator Heitke asked for the opinion of the City Attorney on the concern about legality 246 issues or challenges. 247 248 City Attorney Hawkins indicated he has no concerns with this ordinance, and believes it is allowed by 249 the City's Comprehensive Plan. He stated as mentioned there are 102 sections in the Comprehensive 250 Plan being addressed, and he does not believe they are changing the Comprehensive Plan, which 251 would require a separate action by the City Council. 252 253 Mayor Bergeson clarified that while Fox Den embraces the concepts being proposed, they should not 254 base their decision on that development. He stated each Council Member needs to determine if the 255 concepts being proposed are what they want for the community. 256 257 Vote: 3:2 Councilmember Reinert voted yea. Councilmember Stoltz voted yea. Mayor Bergeson 258 voted yea. Councilmember Carlson voted nay. Councilmember Dahl voted nay. Motion carried. 259 260 Ordinance No. 24-04 can be found in the City Clerk's office. 261 262 C. Consideration of Resolution No. 04-182, Authorizing Preliminary Engineering Design, 263 Lake Drive/I-35W Interchange Improvements, Michael Grochala 264 w65 Community Development Director Grochala summarized the Staff report, indicating Staff 66 recommends approval. 267 268 Councilmember Carlson indicated that based on what is happening in Centerville, she is receiving 269 questions on how the City will provide access during the construction, and who will pay for that 270 access. 271 272 Community Development Director Grochala agreed it is a major issue, and gave the options 273 available. He stated the most likely plan is to build half the bridge during one construction season 274 and the other half during the second construction season. He indicated because of the dollar amount 275 involved there is a consideration of shutting it down and getting it done, but with the business 276 concerns as well as routing concerns it will likely be done a half at a time. He stated a key will be 277 getting those funding sources from Anoka County and Mn/Dot, and Staff would hope to avoid getting 278 to the point of having to determine the extra dollars involved and making a decision on who pays for 279 what. He noted the City has a significant commitment to improve Lake Drive because of the Legacy 280 at Wood's Edge development. He stated Staff will turn over every stone for funding, including 281 approaching the larger retailers if necessary. 282 283 Councilmember Reinert moved to adopt Resolution No. 04-182 authorizing preliminary design, Lake 284 Drive/I-35W Interchange improvements. Councilmember Stoltz seconded the motion. 285 286 Motion carried unanimously. 287 •88 Resolution No. 04-182 can be found in the City Clerk's office. 6