HomeMy WebLinkAbout01-13-25 - Council Special Work Session MinutesLino Lakes City Council
Special Work Session
Minutes
DATE: January 13, 2025
TIME STARTED: 5:30 P.M.
TIME ENDED: 6:24 P.M.
LOCATION: Community Room
MEMBERS PRESENT: Mayor Rafferty Councilmembers Cavegn, Lyden, Stoesz and
Ruhland
MEMBERS ABSENT: None
Staff Members Present: Interim City Administrator Dave Pecchia, City Clerk Roberta Colotti, and
Community Development Director Michael Grochala.
Also Attending: Attorney's John Baker and Kate Swenson.
1. Call to Order and Roll Call
Mayor Rafferty called the meeting to order at 5:30 p.m.
2. Setting the Agenda: Addition or Deletion of Agenda Items
The agenda topics were adopted as presented
3. Closed Meeting: Attorney -Client Privilege
Attorney John Baker stated that litigation is currently pending in a matter entitled Zil<ar
Holdings LLC (and two others) against the City of Lino Lakes (and two others), filed in
federal court in September 2024. Last month, the court entered two orders in that case,
on December 10 and on December 26, 2024. The course of that litigation should be
informed by a confidential briefing of the City Council by Ms. Swenson and me as the
City's counsel in that case, under the attorney -client privilege. So, under Minnesota
Statutes Section 13D.05, subdivision 3(b), I respectfully request the presiding officer to
make a motion to close this meeting to the public.
To more clearly describe the subject of that closed meeting: The Zil<ar Holdings LLC
pending matter arises from several publicly made decisions, including the City's
adoption of a one-year moratorium last summer, and the response of the City Council
and several boards appointed by the Council to a request by Zikar Holdings LLC for
concept plan review. The closed meeting I request would riot include a decision by the
Council on whether to settle or continue the pending litigation, but would be limited to
consequences of those publicly made decisions and the court's public orders last month.
Absolute confidentiality is necessary so that members of the Council are able to make
an informed assessment of the available legal options and to provide guidance to us, as
the City's legal counsel in that case, regarding some of those options. The need to have
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confidential discussions with specially appointed counsel and to discuss strategies
regarding the pending litigation outweighs the purposes of the Open Meeting Law, and
is permitted by the attorney -client privilege and Section 13D.05, subdivision 3(b) of that
law.
Mayor Rafferty requested a motion to close the meeting on the grounds just stated by
the City's appointed legal counsel.
5:37 PM Meeting Closed by Council Motion
On'the grounds just stated by the City's appointed legal counsel, I, Councilmember
Ruhland do hereby move to close the City Council meeting under Section 13D.05,
subdivision 3(b), and the attorney -client privilege, to discuss the lawsuit by Zikar
Holdings LLC as described more specifically by Mr. Baker in the request that he just
made. Motion seconded by Councilmember Stoesz. By Roll Call Vote, voting in favor:
Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz. Voting against:
None. Motion passes.
6:24 PM Mayor Rafferty reconvened the open meeting.
4. Adjournment
Mayor Rafferty adjourned the meeting at 6:24 p.m.
These minutes were approved at the regular Council Meeting on January 27, 2025.
r
Roberta Colotti, CMC b fferty,
City Clerk Mayor
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