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Regular City Council Meeting Monday, October 08, 2007 Page 27 Councilmembcr Kough sought City Attorney Anderson's comments on allega- tions raised in Mr. Callaghan's letter related to the project's adherence to City Code. City Attorney Anderson advised that he had already provided legal comment on Mr. Callaghan's letter; and reiterated his disagreement with it. Mayor Klausing called the question. Ayes: Ihlan and Kough. Nays: Roe; Pust; and Klausing. Motion failed. Roll Call Ihlan moved, Kough seconded, language amendment to Section 4. 1 of the PUD Agreement (page 2, lines 16 and 17), striking the last sentence reading, "I-f-fhe ~~Ians--address-it2i~~•.. ,.... ,.;s:,.,.n., „aa.,,..,.,.a :...r.:,, n,..-,,,..,,e.,~ tw„ ,.i....., ..w,.n gv ..... Further discussion ensued, with City Attorney Anderson disagreeing with Coun- cilmember Ihlan's interpretation of the PUD Agreement language of Section 4.1; and strongly encouraged Councilmembers to leave the language as proposed, for reasons previously discussed in the written terms governing and superceding any inconsistencies in plans. Councilmembcr Roe spoke against the motion; opining that the language ad- dressed the referenced exhibits; and if not addressed in text the plans governed. Councilmember Ihla~~ spoke in support of the motion; opining that the amended language as she proposed provided more protection fro the City. Councilmember Pust asked if Councilmember Ihlan would be receptive to amend- ing language of Section 4.1, line 16 to simply insert the word, "following" in the last sentence to read, "If the [following] plans address items not specifically ad- dressed in this Agreement, the plans shall govern with respect to those items. The plans are:.." Councilmember Ihlan responded negatively Mayor Klausing called the question. Roll Call Ayes: Ihlan and Kough. Nays: Roe; Pust; and Klausing. Motion failed.