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City Council Regular Meeting— 08/14/06 DRAFT Minutes - Page 26 Councilmember Ihlan spoke in support of the motion, opining that a clear objective opinion was necessary for the above-referenced concerns; and offered her support of directing staff to consult with the League of Minnesota Cities Insurance Trust (LMCIT) staff to determine risk assessment and cost assignments for any outside consulting counsel. Councilmember Ihlan further opined that independent counsel was necessary, rather than someone previously involved in this issue, since previous advice given to the Council had proven invalid and was not objective and more interested in ensuring that the project proceed, and outside counsel would not be politically motivated or have an interest in previous approvals. Councilmember Pust opined that there would be a downside for potential conflicting advice, as well as duplication of costs. Councilmember Ihlan spoke in support of any additional costs. assumin� the LMCIT wouldn't include such costs in their coverage, as invaluable and showed common sense in receiving this advice now, and would prove prudent in determining the next step for the City to take. Mayor Klausing spoke against the motion, opining that another outside counsel would have a lack of familiarity with the case; and with the series of attorneys already involved in the development process over the last five years, and their varying roles, it was more prudent to allow them to assess the appeal, make their analysis and provide a recommendation to the City Council, at which time the City Council could determine whether outside, independent counsel was indicated. Councilmember Pust spoke in support of tabling the motion until after next week's report from the LMCIT Attorney.