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