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HomeMy WebLinkAbout09-08-20 City Council Special Meeting PacketCOLUMBIA HEIGHTS CITY COUNCIL SPECIAL MEETING AND REGULAR WORKSESSION NOTICE OF CONDUCTING MEETINGS BY A COMBINATION OF IN-PERSON AND ELECTRONIC MEANS Following a determination by City Manager Kelli Bourgeois, and emergencies declared by the United States, The State of Minnesota, and the Columbia Heights Mayor & Cit y Council, the Columbia Heights City Council Special Meeting scheduled for Tuesday September 8, 2020 at 6:30 pm and the City Council Work Session scheduled for Tuesday, September 8, 2020 at 7:00 pm will, pursuant to Minn. Stat. § 13D.021, occur by a combination of in-person and electronic means. Members of the public who wish to attend may do so by attending in-person in the Council Chambers at the Columbia Heights City Hall or by calling 1-312-626-6799 and entering meeting ID 798 821 7248 at the scheduled meeting time. Comments can be submitted ahead of the meeting to ntingley@columbiaheightsmn.gov or by calling (763) 706-3611. If there are any questions about this notice or attending/calling in to the meeting, please contact the City Clerk at (763) 706-3611. The meeting location for this meeting is the Council Chambers at Columbia Heights City Hall located at 590 40th Ave NE, Columbia Heights, MN 55421. Mayor Donna Schmitt Councilmembers Robert A. Williams John Murzyn, Jr. Connie Buesgens Nick Novitsky City Manager Kelli Bourgeois City of Columbia Heights 590 40th Avenue NE, Columbia Heights, MN 55421-3878 (763) 706-3600 Visit our website at: www.columbiaheightsmn.gov NOTICE OF SPECIAL CITY COUNCIL MEETING Auxiliary aids or other accommodations for disabled persons are available upon request when the request is made at least 48 h ours in advance. Please contact Administration at 763-706-3610 to make arrangements. Meeting of: Columbia Heights City Council Date of Meeting: September 8, 2020 Time of Meeting: 6:30 pm or Immediately Following the EDA Meeting Location of Meeting: City Hall- Council Chambers Purpose of Meeting: Executive Session Regarding Condemnation Proceedings for 3989 Central Avenue NE 1. Call to Order/Roll Call 2. Pledge of Allegiance 3. Executive Session Regarding Condemnation Proceedings for 3989 Central Avenue NE MOTION: Move to adjourn into executive session to discuss litigation related to the condemnation proceedings, for the property located at 3989 Central Avenue NE, Columbia Heights, pursuant to Minnesota Statutes, section 13D.05, subdivision 3 (b). MOTION: Move to adjourn the executive session and reconvene the open session. 4. Adjourn AGENDA SECTION EXECUTIVE SESSION ITEM NO. MEETING DATE SEPTEMBER 8, 2020 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Executive Session to discussion a possible settlement agreement related to the condemnation of the property at 3989 Central Avenue DEPARTMENT: Administration CITY MANAGER’S APPROVAL: BY/DATE: Kelli Bourgeois/ September 2, 2020 BY/DATE: CITY STRATEGY: #2: Economic Strength Additional Strategy? #6: Excellent Housing/Neighborhoods SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: The City is moving through the condemnation process to clear title for the property at the corner of 40 th and Central to allow for the new City Hall mixed use project. Staff participated in mediation with the interested parties and the parties have tentatively and conditionally agreed on a settlement agreement. We are asking the City Council to meet in closed session with Jim Hoeft, City Attorney, to discuss the settlement agreement as well as the next steps in the condemnation litigation process. The process and language to close the Council meeting to go into Executive Session is enclosed. September 8, 2020 City Council Executive Session Agenda Item: Litigation – In the matter of the Condemnation of city-owned property at 3989 Central Avenue I. Introduction The agenda item for this meeting is to discuss litigation in the matter of the condemnation proceedings, specifically a possible settlement agreement, for the property located at 3989 Central Avenue NE, Columbia Heights. A. Opening Statement This portion of the properly noticed regular meeting of the City Council of the City of Columbia Heights will be closed pursuant to Minnesota Statutes, section 13D.05, subdivision 3 (b) under the attorney/client privilege exception to the Minnesota Open Meeting Law to discuss litigation related to condemnation proceedings, specifically a possible settlement agreement, for the city-owned property located at 3989 Central Avenue NE, Columbia Heights. The city's need for absolute confidentiality outweighs the purposes served by the open-meeting law in this case based on the following:  Absolute confidentiality is necessary so that the City Council and legal counsel can have a candid and open discussion to determine the available legal options to handle the pending litigation, including strategy and possible alternatives to litigation.  The purpose of the closed meeting is not to make a decision behind closed-doors, but instead is to determine the legal options for handling the referenced pending litigation.  The only business to be discussed in this portion of the meeting is the litigation.  An open session would be detrimental because it may take place in the presence of individuals involved in the litigation.  A closed session would benefit the public because the ultimate outcome of the litigation may impact the finances of the City. I will now entertain a motion to close this portion of the meeting. [Follow procedure for motions] MOTION: Move to adjourn into executive session to discuss litigation related to the condemnation proceedings, for the property located at 3989 Central Avenue NE, Columbia Heights, pursuant to Minnesota Statutes, section 13D.05, subdivision 3 (b). II. Closed Session The City Council will now go into a closed session. The time is [announce time]. Only the officials and consultants of the City who reasonably require access to this data may be in attendance at any portion of the meeting for this agenda item. The meeting should not be taped or otherwise electronically recorded since it has been closed under the attorney-client privilege. See Section 13D.05, subd. 1(d); “All closed meetings, except those closed as permitted by the attorney-client privilege, must be electronically recorded at the expense of the public body.” The minutes of this portion of the meeting should reflect only that a meeting was held with its date, time and location; who was present at the meeting; and the purpose of the meeting. A. Roll call The City Manager will take the roll. B. Mayor Schmitt’s opening Members of the Council, I will now have City Attorney Jim Hoeft begin our discussion on this matter. C. City Council discussion on item D. When discussion is concluded: Members of the Council, following the completion of our business, we will now adjourn into open session, and I will entertain a motion to adjourn the closed portion of the meeting and go back into open session. MOTION: Move to adjourn the executive session and reconvene the open session.