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Regular City Council Meeting Monday, July 12, 2010 Page 6 neighborhood related to their desire for additional truck traffic versus inhaling the dust from the crushing operation. Councilmember Johnson spoke in support of the motion, advising that he'd spo- ken with several residents in the area who had expressed their lack of interest in additional truck traffic. Roll Call Ayes: Roe; Pust; Johnson; and Klausing. Nays: Ihlan. Motion carried. b. Consider City of Roseville v. Ryan Twin Lakes Limited Partnership Settle- ment City Manager Bill Malinen reviewed the background of litigation initiated by the City of Roseville in August of 2009 with Ryan Twin Lakes Limited Partnership and Ryan Builders, Inc. (Court File No. 62-CV-09-10379) regarding a dispute over a 1997 Development Agreement and financing plan entered into by the two parties; with the City alleging that Ryan owes the City a sum of $93,574 under those governing contracts. Additional provisions and history of this ligation were provided in a written Memorandum from City Attorney Erickson, Bell, Beckman & Quinn, dated July 8, 2010 and prepared by City Attorney Mark F. Gaughan, de- tailing results of court-mandated mediation with Ryan representatives, Finance Director Miller, City Manager Malinen and Mr. Gaughan. City Manager Malinen noted that, at a June 28, 2010 Closed Executive City Council session, he had presented a confidential update of the litigation and re- sults of that mediation process. As part of tonight's City Council Agenda mate- rials, Mr. Malinen provided a copy of a Settlement Agreement and General Re- lease, identified. as "Attachment A" to the July 8, 2010 Memorandum from the Office of the City Attorney, with Counsel for Ryan having approved and con- sented to the form of the document, as well as a "Stipulation of Dismissal with Prejudice (referenced as Exhibit A to the Agreement). Mr. Malinen advised that those documents set forth provisions for a final lump sum payment by Ryan to the City of Roseville, within seven (7) days of execution of the documents, in the amount of $60,000. Pust moved, Johnson seconded, approval of the terms of the settlement claims, as presented, with the necessary formal copies of the documents made available for their execution by Mayor Klausing and City Manager Malinen, and the City At- torney, at the conclusion of tonight's meeting. Councilmember Ihlan advised that she would vote in support of the settlement amount to avoid the cost of additional litigation.