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City Council Regular Meeting —10/25/04 <br />DRAFT Minutes - Page 16 <br />determination. <br />City Attorney Anderson advised that it was staff's and the City <br />Attorney's intent to provide additional information (i.e., <br />framework and time line for the process) to the City Council at <br />their next regularly scheduled meeting, November 8, 2004. <br />City Attorney Anderson requested that the City Council consider <br />requesting the 15 day extension at tonight's meeting. <br />4410.1100 (Page 992/993) <br />Maschka moved, Ihlan seconded, in accordance with Minnesota <br />State Statute § 4410.1100, Subpart 7 entitled, "Time limits," to <br />extend the 15-day period by an additional 15 days. <br />City Attorney Anderson and staff were directed to return to the <br />November 8, 2004 meeting with their interpretation regarding <br />exclusive negotiations contract implications. <br />Further discussion ensued regarding the time frame and process <br />issues. <br />Michael Noonan, Rottlund Homes <br />Mr. Noonan advised the City Council, that if it proved beneficial, <br />the developer was willing to enter into discussions to rule the <br />60/120-day rule off the table in everyone's best interest to have <br />the procedure take place in an open and fair manner, and to run <br />its course. Mr. Noonan advised that the developer was prepared <br />to consent to a waiver of the 60-day rule in writing, at the <br />discretion of the City Attorney. <br />Mr. Noonan requested Council clarification regarding the <br />Contract for Exclusive Negotiations, and the pending December <br />31, 2004 deadline; and requested Council consideration to <br />modify that Contract in lieu of the developer's willingness to <br />waive the 60-day rule for application consideration and review. <br />City Attorney Anderson advised the City Council that it would <br />be most beneficial for the Council and Rottlund Homes to <br />voluntarily reach agreement between the parties for an automatic <br />stay provision be implemented until the environmental <br />