HomeMy WebLinkAbout12-01-25 - Council Closed Meeting MinutesLino Lakes City Council
Closed Meeting
Minutes
DATE:
December 1, 2025
TIME STARTED:
5:33P.M.
TIME ENDED:
6:41 P.M.
LOCATION:
Community Room
MEMBERS PRESENT:
Acting Mayor Stoesz, Councilmembers Ruhland (arrived
5:41 p.m.), Lyden and Cavegn
EXCUSED ABSENT:
Mayor Rafferty
Staff Members Present: City Administrator Karen Anderson, City Clerk Roberta Colotti, and
Community Development Director Mike Grochala.
Also Attending: Appointed Legal Counsel John Baker and Katherine Swenson, and LMCIT
Representative Joe Neubauer.
1. Call to Order and Roll Call
Acting Mayor Stoesz called the meeting to order at 5:33 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 several orders in that case, and the time for the completion of
fact discovery has concluded. Deadlines for the Plaintiffs to disclose expert testimony
have passed but deadlines for the City to disclose expert testimony have not passed.
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 in 2024, 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
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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.
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 Acting Mayor 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 [3-0]
MOVER: Stoesz
SECONDER: Lyden
AYES: Stoesz, Lyden and Cavegn
NAYS: None
ABSENT: Rafferty and Ruhland
5. Closed Meeting Discussion with Attorney
Discussion with legal counsel regarding the lawsuit by Zikar Holdings LLC as described
more specifically by Mr. Baker.
Councilmember Ruhland joined the meeting at 5:41 p.m.
Motion to return to Open Session at 6:41 p.m.
RESULT:
Carried [4-0]
MOVER:
Stoesz
SECONDER:
Lyden
AYES:
Stoesz, Lyden, Cavegn and Ruhland
NAYS:
None
ABSENT:
Rafferty
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6. Adjournment
Acting Mayor Stoesz adjourned the meeting at 6:41 p.m.
These minutes were approved at the regular Council Meeting on December 8, 2025.
Roberta Colotti, CMC Ro fferty,
City Clerk Mayor
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