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• <br />• for liability reasons. If the Council wishes to delay it, for the purposes stated of having two <br />weeks to study the issue, with the new Council to see the documents. I understand from talking <br />to one of the Council members there were no documents available. If litigation did result from <br />that, we certainly would defend it, and I think we would be successful. <br />Rick Jopke stated: I see on the schedule here that the final approval of the plans will be February <br />22, 1999. By that time, we will have all the information locked down in black and white for the <br />Council to review. Mr. Jopke stated that it is certainly our intent that we will have the <br />information from the state. <br />Mr. Quick stated we will have four weeks to research this. <br />Duane McCarty, 8060 Long Lake Road. Mr. McCarty stated this light is critical, not only to the <br />operation of the theater, and keeping that traffic on Highway 10 as much as we can, but it is also <br />very important to the community center. Mr. McCarty stated the gentleman who spoke earlier <br />concerned about the traffic on Edgewood and County Road I is correct. Mr. McCarty states he <br />travels that road as well. There are rush hour problems there. Mr. McCarty's biggest concern is <br />some of the good faith things that have occurred over the last three years as Mr. Smith has <br />already alluded, the developer at one time in an offer of good faith voluntarily withdrew his <br />rights to access public infrastructure, that being H2 and Long Lake Road, hoping that would in <br />some way further the project. The City agreed to that. The neighbors agreed to that. They <br />• thought that was best that we can do at the time. As we all know, MNDOT turned all of that <br />around with their requirements. Mr. McCarty stated if we don't go forward with the light, and I <br />am questioning the reasoning for postponement, if there is any thought that there could be a <br />change in the access to H2 or Long Lake Road, I would suggest that you very careful considering <br />the constitutional rights of this property owner to access public infrastructure. Mr. McCarty <br />states there is nothing we can do to petition the developer and ask for his cooperation. Mr. <br />McCarty stated the timing of the light, if it is delayed any further, we will get passed the opening <br />of the theater and we will realize our worst fears if that light is not in place, ready to regulate and <br />encourage traffic to use 10 rather than H2. Mr. McCarty indicates it is hard to do this when there <br />are three new Council members who haven't had the opportunity to go into the detail that the <br />previous council had. Mr. McGarry stated you have to trust that the previous Council did their <br />homework and they made the decision as they best could, in the best interest of the City. Mr. <br />McCarty indicated he would like the Council to go forward and get this light in as quickly as you <br />can, not only for the control of the traffic off that theater, but all of its considerable worth in <br />getting our traffic north/south across highway 10 to our community center. <br />Mayor Coughlin stated he appreciates Mr. McGarry comments. <br />Mr. McCarty stated Council Thomason is in a difficult position here. VVe all know how hard she <br />worked trying to make sure that her neighborhood was protected against some negative impacts <br />and this will do exactly that if it is in Indian Pine and in coordination with the opening of the <br />theater, she will end up realizing some of her worst fears and nightmares as well. There may be <br />