HomeMy WebLinkAbout05-14-25 - Council Closed Meeting MinutesLino Lakes City Council
Closed Meeting
Minutes
DATE: May 14, 2025
TIME STARTED: 6:00 P.M.
TIME ENDED: 7:34 P.M.
LOCATION: Community Room
MEMBERS PRESENT: Mayor Rafferty Councilmembers Cavegn, Lyden, Stoesz and
Ruhland
MEMBERS ABSENT: None
Staff Members Present: Dave Pecchia, Roberta Colotti, Karen Anderson, and Michael Grochala.
Also Attending, Appointed Legal Counsel John Baker and Katherine Swenson.
1. Call to Order and Roll Call
Mayor Rafferty called the meeting to order at 6:00 p.m.
2. Setting the Agenda: Addition or Deletion of Agenda Items
The agenda was adopted as presented.
3. Announcement
Request from the City's appointed legal counsel (John Baker)
Litigation is currently pending in a matter entitled Zikar Holdings LLC (and two others)
against the City of Lino Lakes (and two others), filed in federal court in September 2024.
The Court has entered two orders in that case, and the Plaintiffs and the City have
served and responded to significant written discovery requests, and are planning for the
deposition stage of discovery. The parties are also required to submit confidential status
letters to the Magistrate Judge (with the next such letters due May 27, 2025). 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 that a member of the City Council make a motion to close this meeting to the
public, after I'm finished reading my request.
To more clearly describe the subject of that closed meeting: The Zikar 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 not include a decision by the
Council on whether to settle or continue the pending litigation, but would be limited to
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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
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.
So I would now welcome such a motion.
4. Motion to go into Closed Session
By Councilmember Stoesz: On the grounds just stated by the City's appointed legal
counsel, I 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.
RESULT:
CARRIED [5-0]
MOVER:
Stoesz
SECONDER:
Ruhland
AYES:
Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS:
None
5. Closed Meeting Discussion with Attorneys
Discussion with legal counsel regarding the lawsuit by Zikar Holdings LLC as described
more specifically by Mr. Baker.
Motion to return to Open Session.
RESULT:
CARRIED [5-0]
MOVER:
Stoesz
SECONDER:
Cavegn
AYES:
Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS:
None
6. Adjournment
Mayor Rafferty adjourned the meeting at 7:34 p.m.
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These minutes were approved at the regular Council Meeting on May 27, 2025.
Roberta Colotti, CMC Rro'F a ferty,
City Clerk
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