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Regular City Council Meeting Monday, March 09, 2009 Page 13 At approximately 10:02 p.m., Johnson moved, Roe seconded, to extend the meeting to complete discussion oftime-sensitive items identified as Items 12.a, 12.b and 13.b. Roll Call Ayes: Pust; Ihlan; Johnson; Roe; and Klausing. Nays: None. Klausing moved, Roe seconded, TABLING consideration and discussion of the statutory compliance of Gardens East Limited Partnership in regard to the Cen- tennial Commons apartment development. Councilmember Ihlan clarified that she was personally seeking that this be brought back as an action item, not an update, specific to notice to all parties of statutory penalty consideration; and when this would coming back before the City Council. City Manager Malinen anticipated that the item would be included on the March 23, 2009, to allow time for staff to respond with additional information as re- quested. Roll Call Ayes: Pust; Ihlan; Johnson; Roe; and Klausing. Nays: None. 12. b. Adopt a Resolution Authorizing the Use of Eminent Domain for the Acquisi- tion of Parcels for Street and Utility Purposes within the Twin Lakes Rede- velopment Area Community Development Director Patrick Trudgeon reviewed the request for use of Eminent Domain, if required do to timing constraints and negotiations with property owners, to initiate Phase I infrastructure improvements, as detailed in the Request for Council Action dated March 9, 2009. Mr. Trudgeon clarified that the request was to acquire properties for right-of--way and construction easements only, not to acquire land for development. Pust moved, Johnson seconded, adoption of Resolution No. 10696 entitled, "Resolution Approving the Acquisition of Property for Improvements to Mount Ridge Road and Twin Lakes Parkway." -express understanding for road and in- frastructure only -not for development purposes Councilmember Ihlan spoke in support of the motion to acquiring land for infra- structure, with the understanding that it would be used only if negotiations with property owners failed. Roll Call Ayes: Pust; Ihlan; Johnson; Roe; and Klausing. Nays: None.