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Regular City Couacil Meeting 8s Executive Session <br />Monday, March 23, 2009 <br />Page 19 <br />violation was insubstantial, not allowing him to support the $60,000 penalty. <br />Councilmember Roe opined that the owner was not blameless. <br />Councilmember Pust noted that she had provided her opinion, for the record, at <br />the previous meeting's discussion; and while she didn't think the error was <br />intentional, from her lawyer's perspective based on right or wrong, she opined <br />that with 30 families affected, that would indicate a substantial violation. <br />Mayor Klausing spoke against the motion; opining that considering the statute <br />language rather than considering the strict liability issue addressed by <br />Councilmember Ihlan, he had come to the same conclusion as Councilmember <br />Roe based on overall impact. <br />Councilmember Johnson echoed remarks of Councilmember Roe and Mayor <br />Klausing; while expressing his utmost respect for the tenants and their passionate <br />concerns. Councilmember Johnson opined that he could not remain cynical <br />enough to consider that every developer found out of compliance was doing so <br />out of malice or through apre-determined strategy to take advantage of people; <br />and advised that he would be voting against the motion. <br />Roll Call <br />Ayes: Pust; Ihlan. <br />Nays: Johnson; Roe; and Klausing. <br />Motion failed. <br />Klausing moved, Roe seconded, authorizing staff to send anon-compliance letter <br />to Gardens East Limited Partnership finding the violations as insubstantial and <br />waiving a penalty to Gardens East Limited Partnership in regard to the Centennial <br />Commons apartment development. <br />Discussion included the owner's payment of City legal fees related to this analysis <br />and finding; and Ms. Ippel's clarification that the original agreements included a <br />clause related to any legal fees to be reimbursed by the developer. <br />Mr. Jones confirmed that the developer was well aware of the provisions of the <br />original resolution and bond authorization documents; and would meet that <br />obligation for reimbursement of City legal fees. <br />Roll Call <br />Ayes: Johnson; Roe; and Klausing. <br />Nays: Pust; Ihlan. <br />Motion carried. <br />f. Consider Acquisition of portions of property located at 2690, 2700, 2770 - <br />2800, a 2814 Cleveland Avenue; 1947 County Road C; 2680 - 2690 Prior <br />Avenue; and "°~ ~°~--~~--~ "- ,for Road and Construction Purposes <br />