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City Council Regular Meeting - 11/08/04 Minutes - Page 34 with key dates of September 30, 2004; December 31, 2004; and march 31, 2004; opining that without extending the deadlines, it would make it difficult for the parties to the contract to meet their contractual obligations, potentially making the contract null and void. City Attorney Anderson directed the Council's attention to Provision 8 in the Contract for Exclusive Negotiations, opining that this addressed Councilmember Ihlan' s concerns. Councilmember Ihlan provided a different interpretation disputing City Attorney Anderson's interpretation. Michael Noonan, Rottlund Homes - Minnesota Mr. Noonan noted the five milestone events that needed resolution by December 31, 2004; noting that while some continue to proceed, the financial plan could not be finalized without the concept plan approval process by the City Council, which was currently suspended, and necessitating the extension request. Mr. Noonan respectfully disagreed with Councilmember Ihlan' s interpretation of the contract. City Attorney Anderson reiterated his opinion that Portion 8 of the contract addressed Councihnember Ihlan's concerns and provided a clear provision. City Attorney Anderson further noted the City Council's upcoming crowded calendar with budget and other issues; noting that this needed to be given time for consideration as a separate and distinct issue, given the complexities and magnitude of the proposed project. Further discussion ensued. Councilmember Kough opined that he had not changed his position and would be voting against the project, noting the consensus he had heard from citizens regarding the proposed big box retail; zoning and land use changes, and the need for a 4/5 vote for Comprehensive Plan amendments that could be challenged.