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Regular City Council Meeting Monday, May 12, 2008 Page 9 Councilmember Ihlan noted the pending and unresolved litigation for additional environmental review; opining that such Council action to approve agreements would be premature at this time, and would be indicative of previous action with the Twin Lakes litigation issue and contractual obligations that would leave the City vulnerable to additional costs. Mayor Klausing opined that the City had approved the Planned Unit Development (PUD) Agreement, and if it was proved invalid by the court, adverse to the City Council's findings that no further environmental review was necessary, then any subsequent agreements under the PUD also became null and void, thus providing protection to the City. Councilmember Roe opined that with the PUD in place that the college was in compliance with environmental regulations. Klausing moved, Roe seconded, approval of a Public Improvement Contract be- tween the City of Roseville and Northwestern College, 3003 Snelling Avenue, as conditioned in the Amended Planned Unit Development Agreement for North- western College, adopted October 8, 2007. Mayor Klausing spoke in support of the motion; opining that the City had found no further environmental review was needed; and the fact that someone served to challenge that finding didn't negate the PUD until a court so determined; and if the PUD was determined invalid, any subsequent agreements also became null and void. Councilmember Ihlan spoke against the motion, reiterating her previous com- ments that such action was premature with pending litigation. Councilmember Pust spoke in support of the motion, noting that actual language in the contract was opposite of what was indicated by Councilmember Ihlan, and that without this proposed Public Improvement Contract the City didn't have the ability to hold the college monetarily accountable. Councilmember Pust noted that the contract indicated the responsibilities of the college to pay the City in ac- cordance with the contract terms. Councilmember Pust further noted, on page 6 of 10 of the document, Section M (lines 217 - 224), the "hold harmless" language protecting the City with such a contract in place. Roll Call Ayes: Pust; Roe and Klausing. Nays: Ihlan. Motion carried.