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<br />City Council Study Session - 09/18/06 <br />Minutes - Page 6 <br /> <br />definitive costs upon the Council's creation of specific questions <br />to be addressed, rather than the current open-ended requests. <br /> <br />Mr. Miller noted that the City has not provided for this type of <br />legal representation in the 2006 budget, nor would such costs be <br />covered under the City's insurance policy with the League of <br />Minnesota Cities Insurance Trust (LMCIT); and would need to <br />be funded from the City's cash reserves. <br /> <br />Discussion among Councilmembers included Council action at <br />the September 11, 2006 Council meeting to hold further action <br />pending whether the Minnesota Supreme Court would hear the <br />petition for review of the Court of Appeals decision; <br />qualifications of the three firms responding and their billing <br />ranges; need for a set of legal questions to inventory; and <br />whether such a decision to hire outside and independent legal <br />counsel was premature. <br /> <br />Councilmember Maschka opined that at this time, such action <br />was premature, but that at some point it would make sense. <br /> <br />Councilmember Kough opined that the firms should determine <br />the specific questions needing investigation. <br /> <br />Councilmember Pust expressed her confusion in how a legal <br />opinion could be sought on issues as yet to be defined and <br />additional concern that if the outside legal firm defined the issues <br />and generated a list of questions, that appeared to be the most <br />expensive path, due to their lack of background. Councilmember <br />Pust opined that the City Council, as a group, should define 10- <br />15 questions; allowing the firm to refine and combine the issues <br />as they determined. <br /> <br />Councilmember Ihlan reiterated her original proposed motion, <br />lacking Council majority, from several Council meetings to-date, <br />suggesting a list of questions. Councilmember Ihlan opined her <br />support for hiring an outside, independent, or "fresh look" at <br />what the issues should be of concern to the City. <br />Councilmember Ihlan spoke in support of one of the firms in <br />particular; and opined that immediate action was preferable to <br />delaying action. <br />