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City Council Study Session —11120/06 <br />DRAFT Minutes - Page 14 <br />the agreement is void, or whether it needs to be terminated <br />before any future development proposals move forward. <br />A letter was distributed to Councilmembers as a Bench <br />Handout (no copy available) from the City's development <br />attorney, Rod Krass, regarding the need to hold a Closed <br />Executive Session to further discussion those items <br />requested by Councilmember Ihlan. <br />Councilmember [Ihlan] expressed her frustration that a <br />Closed Executive Session hadn't been scheduled at <br />tonight's meeting. <br />Mayor Klausing addressed the Court of Appeals decision, <br />and their actual ruling; and opined that there was nothing in <br />the decision that would void the existing contract or <br />process. <br />Councilmember Ihlan advised Mayor Klausing that she <br />wasn't asking for his opinion; but was asking for a <br />clarification on the legal status of the contract and how it <br />related to future development proposals before they moved <br />forward. <br />City Attorney Anderson pointed out the language of the <br />third paragraph of Mr. Krass's letter that addressed <br />Councilmember Ihlan's concerns that if future applications <br />were approved, the existing contract should be modified, <br />but was not void; which concurred with Mr. Anderson's <br />similar analysis and court case results previously provided <br />to the City Council. <br />Mayor Klausing advised that, if it was Councilmember <br />Ihlan's desire, another update in Executive Session could <br />be scheduled. Mayor Klausing expressed his frustration <br />that if Councilmembers appeared in disagreement with <br />Councilmember Ihlan's position, they were assessed by <br />Councilmember Ihlan as "not taking the issue seriously." <br />Councilmember Pust provided her perspective that while <br />there were differences of opinion being expressed, there <br />was one real answer, and whatever it turned out to be, it <br />