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.