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Truth-in-Tazation Hearing and Regular City Council Meeting Monday, December 03, 2007 Page 14 Councilmember Roe concurred with Councilmember Ihlan that the only compel- ling argument would be worth $95,000 would be as a release of claims; and that no other public purpose would be served in granting relief of the loan. Councilmember Kough spoke in support of negotiating with Ryan. Mayor Klausing questioned City Attorney Foy as to whether the Council could receive information from their bond counsel to assess potential litigation risk to the City, and if that information could be received outside open meeting provi- sions. Mayor Klausing opined that, if no potential claims were indicated, he was not inclined to hear a presentation by Ryan Companies. City Manager Malinen suggested that the City Council make a decision now; not- ing that if information were received indicating a greater risk that currently evi- dent, that the information would be protected under attorney/client privilege, and addressed accordingly by meeting laws. Councilmember Pust clarified, for the record, that no one had threatened litiga- tion, and she wanted to make sure that, as a City Council they weren't inviting a threat of litigation. Councilmember Pust noted the integrity of Ryan Companies, and her expectations that they would not be expected to take such action. Mayor Klausing opined that there was no basis for a lawsuit, and he was only suggesting that bond counsel verify that for the city's interest. Further discussion ensued as to whether to obtain such legal opinion and addi- tional costs in doing so. Councilmember Pust moved to deny the request of Ryan Companies for contrac- tual relief in the Centre Pointe Redevelopment Agreement. Additional discussion ensued regarding whether to get a legal opinion from bond counsel or another attorney already on retainer, based on simple contract lan- guage. Councilmember Pust opined that staff had already obtained advice from legal counsel several times; that the City was contractually owed this money; and that further delay in decision-making complicated an already full agenda on December 17, 2007 with budget decisions required. Pust moved, Roe seconded, denial of the request of Ryan Companies for contrac- tual relief on the Centre Pointe project. Mayor Klausing thanked Councilmembers for their broad discussion; however, spoke in support of the motion.