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March S, 2011 City Council Minutes 3hrs. 21 minutes <br />Mayor Johnston.: We have received input from other attorneys that say we should be <br />doing this without challenges. Who wrote the second opinion, Bruce. <br />Administrator Messelt: It was'rim. Keane, Malkerson, Gunn, Martin, LLP <br />Council Member Smith: Where is the opinion? Why isn't the Council privy to that? <br />Mayor Johnston: Let me answer the question so I only have to repeat it once. <br />We have not seen a written opinion. from our attorney. When the opinion came I was <br />surprised it was addressed to me. I immediately forwarded the second opinion to our <br />attorney. I think it's reasonable that if we were to look at the opinion, we look at both or <br />neither so I forwarded it to our attorney. I don't think it would be time well spent for us <br />to start debating legal issues when simply — one said it works and the other one said there <br />are concerns. <br />Council Member Smith: But I don't think you should introduce that in a conversation <br />that there are attorneys saying this is o'k if you are not willing to present that. If you <br />don't want to get into a debate tonight, you then should not use in. an argument, <br />respectfully. <br />Mayor Johnston: I disagree completely. We are not skilled judges of legal issues. I think <br />we should look to our attorney and am perfectly willing to listen to his input, but cannot <br />look at one opinion without looking into the other. <br />Attorney Snyder: Mr. Mayor as a followup to your comments <br />Reasonable people, reasonable attorneys, who may not be people or reasonable, can <br />differ on that issue. I recognize that there is a difference in opinions. Council has <br />identified other issues of interest and probably worth focusing on all the issues are <br />addressed both those identified by myself or yourself <br />