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I I I Council Meeting Minutes February 9, 1988 the particular person involved at that time, there was not an ade- quate substitute. LeFevere stated council may conclude that the intent of the regu- lation was to provide for the alleviation of severe hardships that might otherwise occur in the case of projects where replacement housing was not available; the regulations do not contemplate a situation like this where, as he understands it, counsel is not and has not made a claim that comparable dwellings were not avail- able either at the time of displacement or at anytime within the three years after that when a replacement house was purchased. LeFevere stated the claim is the city ought to pay the difference between the two dwellings because relocation assistance and benefits were not provided at that time. Benke stated, after listening to all of the pro and con arguments and discussions, it appears we have met every opportunity, exercised our discretion generally in favor of the applicant and are now being asked to do that again; has difficulty justifying this particular discretionary award and suggested councilmembers support the City Manager's determination; and can't find a ration- al argument for excess payment on grounds that this is housing of last the resort. Motion by Benke, seconded by Gunderman, to DIRECT STAFF TO PREPARE A LETTER TO A. THOMAS OSWALT AND HIS ATTORNEY DOCUMENTING THE CITY COUNCIL'S REASONS FOR NOT OVERTURNING THE CITY MANAGER'S DETERMIN- ATION. 4 Ayes - 0 Nayes, Motion Carried Locke briefly reviewed staff report concerning the Community Fa- cilities element of the Comprehensive Plan, and asked for comments and questions. Benke asked for better language regarding the settlement regarding the loss of water supply (page 141); would like to see an update of city-owned property (page 146); and asked if discussion of a potential community center would be appropriate in this document. Locke stated it would be appropriate to include a potential com- munity center and it could be as specific or directed in whatever way we want to pursue the issue. Gunderman believed no decision should be made until the city coun- cil meets with the Mounds View School District on March 3, 1988; believes community centers will be viewed dramatically different. Locke stated this is a draft document so there is no problem with making (or waiting .to make) any changes or modifications at this time. Recognizing there has been previous discussion and knowing there needs to be further discussion, Benke suggested adding "the poten- tial for a community center" to the Comprehensive Plan. Page 6 Community Facilities element of Comprehensive Plan Report 88-48