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To: City Counc� <br />cc: City Attorney <br />From: Neal Beets <br />Re: Councilmember Ihlan's Requested Motions Relating to Access to Data <br />After consulting with the City Attorney, here is my response to Councilmember <br />Ihlan's agenda item. <br />I. Background <br />At the Monday, February 28" Council Meeting and again on Monday, March 14, <br />Rottlund representatives submitted information and responded to Council <br />questions as part of the approval process for the second milestone under the <br />Contract for Exclusive Negotiation. This material included Rottlund's financial <br />pro forrna. <br />At the City Council's Monday, March 14 Council Meeting, the Council by its vote <br />of 3-1 approved Rottlund's second milestone requirement under the Contract for <br />Exclusive Negotiation. <br />On Wednesday, March 16, Councilmember Ihlan made an individual request for <br />access to more Rottlund information relating to the pro farma, for the bills of Mr. <br />Casserly since November, 2004, and for access to Mr. Casserly's files relating to <br />Rottlund's pro forma. <br />II. Analysis <br />A. As to Mr. Casserly's bills, those have been compiled before and can be <br />compiled again by next Friday, if the Council wants to see them. <br />B. As to the materials in Mr. Casserly's office relating to Rottlund's pro <br />�orma, if the Council wants to see those materials then I suggest the most <br />efficient way to go about that is for Councilmembers to make an <br />appointment with Mr. Casserly to visit his office where those materials are <br />kept. One important point: ff Mr. Casserly's materials include data that is <br />deemed private data under the Data Practices Act then, to protect the City <br />and the City Council, any Councilmember who wants to release data from <br />Mr. Casserly's files should first work with the City Attorney to make sure <br />that legally that data can be released without creating liability for the City <br />or the Councilmember. <br />Just as an example, and one we have talked about before, if Mr. Casserly <br />has data in his files showing what Rottlund is prepared to pay to acquire <br />specific private parcels of land at Twin Lakes, that data, as I understand it, <br />