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Regular City Council Meeting Monday, June 08, 2009 Page 9 Councilmember Pust opined that the City Council had held thorough discussions of this topic; and sought clarification from Mr. Bubul whether anything had changed during that time that would indicate that this is not structurally compliant with State Statute. Mr. Bubul responded that, from his viewpoint, this was structurally compliant with State Statute; and that provisions were in place and provided in the notice explaining the unit owner's right to prepay, and addressed distinctions in State Statute based on rights for prepayment, and the differences in the HIA and Chap- ter 429 as they relate to assessments. Mr. Bubul noted that whole concept of the HIA was to provide a partnership between municipalities and associations to mu- tually negotiate and agree upon a basis for rights and prepayments; and that this was not the City imposing assessments on the Association, but at the request of the Association and their volunteering to do so. Councilmember Pust concurred that the Association had approached the City, based on their lack of sufficient funding and reserves of the Association. Coun- cilmember Pust opined that the public interest for this project is in the City assist- ing this housing entity retain its value and thereby remaining viable housing stock for the entire community of Roseville. Councilmember Pust thanked Bremer Bank for stepping forward to assist the Association and the City in attempting to work through this unfortunate situation for the Association and individual home- owners, and their unflagging persistence in resolving the situation. Councilmem- ber Pust further opined that the City was adequately protected, as well as the As- sociation and individual unit owners, through the language of the Development Agreement; and spoke in support of the motion. Councilmember Johnson spoke in support of the motion, opining that the topic and discussion has been exhaustive. Councilmember Johnson sought a show of hands from those in the audience who were in favor of adoption of the Resolution, with indications that support was nearly unanimous from those Westwood Village I residents in attendance. Roll Call Ayes: Johnson; Pust; and Roe. Nays: Ihlan. Motion carried. [Development Agreement, Attachment B; Fifth Draft dated May 27, 2009] Johnson moved, Pust seconded, approval of a Development Agreement between the City of Roseville and Westwood Village Association, as detailed in Attach- ment B to the Request for Council Action dated June 8, 2009. Councilmember Ihlan spoke in opposition to the motion; opining that she had a strong concern that there was not public contracting provisions addressed, in ac-