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that there is some discretion Council for another two-week quite different from some of Mounds View City Council January 25, 1999 Page 13 going to be a granted to a new delay to get the information. It is the cases in what are considered unreasonable delays which have been months at a time. So I don't want to tell you that there is absolutely no risk because the delay could cause litigation and, of course, defend the Council. We believe we could win that, but I think it is a fair question, and I don't want to tell you that not to absolutely delay it tonight for liability reasons. If the Council wishes to delay it, for the purposes stated of having two weeks to study the issue, with the new Council to see the documents. I understand from talking to one of the Council members there were no documents available. If litigation did result from that, we certainly would defend it, and I think we would be successful. Rick Jopke stated: I see on the schedule here that the final approval of the plans will be February 22, 1999. By that time, we will have all the information locked down in black and white • for the Council to review. Mr. Jopke stated that it is certainly our intent that we will have the information from the state. Mr. Quick stated we will have four weeks to research this. Duane McCarty, 8060 Long Lake Road. Mr. McCarty stated this light is critical, not only to the operation of the theater, and keeping that traffic on Highway 10 as much as we can, but it is also very important to the community center. Mr. McCarty stated the gentleman who spoke earlier concerned about the traffic on Edgewood and County Road I is correct. Mr. McCarty states he travels that road as well, There are rush hour problems there. Mr. McCarty's biggest concern is some of the good faith things that have occurred over the last three years as Mr. Smith has already alluded, the developer at one time in an offer of good faith voluntarily withdrew his rights to access public infrastructure, that being H2 and Long Lake Road, hoping that would in some way further the project. The City agreed to that. The neighbors agreed to that. They thought that was best that we can do at the time. As we all know, MNDOT turned all of that around with their requirements. Mr. McCarty stated if we don't go forward with the light, and I am questioning the reasoning for postponement, if there is any thought that there could be a change in the access to H2 or Long Lake Road, I would suggest • that you very careful considering the constitutional rights of this property owner to access public infrastructure. Mr. McCarty