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City Council Regular Meeting — 04/10/06 DRAFT Minutes - Page 19 Mr. Krass clarified that this request was not to authorize condemnation, but that the Council had already authorized condemnation of up to five parcels in question at one of their December 2005 meetings. Mr. Krass reviewed the status of the remaining five parcels as yet to be acquired by the developer; the Irrevocable Letter of Credit No. 3089537 dated March 31, 2006 from Roseville Acquisitions, LLC (developer); and the amount of time required for the condemnation process, thus the need for a "quick take" to initiate the process to allow ongoing negotiations at the same time the developer began construction of the public roadway (Twin Lakes Parkway). At the request of Mayor Klausing, Mr. Krass explained the "quick take" process. Councilmember Ihlan had numerous questions regarding possession and ownership of the property in relationship to pending litigation and whether the project proceeded. Mr. Krass responded that the property flowed through the City, then to the developer once funds were deposited, with the developer subject to contract obligations. Mr. Krass also briefly reviewed the status of pending litigation and implications to all parties. Councilmember Ihlan discussed her perception of the need for a Comprehensive Plan Amendment in the context of the court case and location of the proposed roadway; status of Rice Creek Watershed District approval for the development; and placement and design of Twin Lakes Parkway to facilitate "big box" retail, not residential and/or mixed use development; opining that ownership should not be allowed to change until all issues had been resolved. Mayor Klausing noted that Watershed District approval this early in the project would be unusual. City Planner Thomas Paschke advised that the developer and the Rice Creek Watershed District were continuing their