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02-14-03 Special CITY COUNCIL AND HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES Richfield, Minnesota Special Concurrent Meeting Of City Council and HRA February 14, 2003 The meeting was called to order by Mayor Kirsch at 4:30 p.m. Council Members Present: Martin Kirsch, Mayor; Gertrude Ulrich; John Enger; and Sue Sandahl. Council Members Not Present: Susan Rosenberg. HRA Members Present: Thomas Harms; Kristal Stokes; Joan Heimberger; and Dan Linnihan. HRA Members Not Present: Michael Sandahl. Staff Present: Samantha Orduno, Executive Director; Steven Devich, Acting City Clerk; Bruce Palmborg, Community Development Director; John Stark, Community Development Manager; John Dean and John LeFevre, City and HRA Representatives with Kennedy and Graven, and Sid Inman, Ehlers and Associates. Item #1 Special Concurrent Minutes -2- February 14, 2003 John LeFevre, Attorney for the City and HRA, asked the City Council and HRA to adjourn to a closed session so that legal counsel could provide advice to the City Council and HRA regarding a proposed settlement. Mr. LeFevre. indicated that representatives of the City, HRA, Best Buy Co., and Walser Auto Sales, Inc. had participated in court-ordered mediation and had reached a proposed settlement of the litigation. He stated that it would be disadvantageous to the City and HRA to discuss the matter in open session and that the attorneys needed to meet in closed session in order to adequatelya<;ivise the City and HRA. M/Ulrich, S/Sandahl to adiourn to a Special Concurrent City Council and HRA Closed Executive Session in the Executive Conference Room to discuss a tentative settlement for litiQation between the City of Richfield. Richfield HRA and Walser Auto Sales. Inc. Motion carried 4-0. The Special Concurrent Closed Executive Session with the City Council and Housing and Redevelopment Authority was called to order by Mayor Kirsch a.nd Chair Harms in the Executive Conference Room at 4:36 p.m. Council Members Present: Martin Kirsch, Mayor; Gertrude Ulrich; John Enger; and Sue Sandahl. Council Members Not Present: Susan Rosenberg. HRA Members Present: Thomas Harms; Kristal Stokes; Joan Heimberger; and Dan Linnihan. HRA Members Not Present: Michael Sandahl. Staff Present: Samantha Orduno, Executive Director; Steven Devich, Acting City Clerk; Bruce Palmborg, Community Development Director; John Stark, Community Development Manager; John Dean and John LeFevre, City Representatives with Kennedy and Graven, and Sid Inman, Ehlers and Associates. The purpose of this meeting was to discuss tentative settlement for litigation between the City of Richfield, Richfield HRA and Walser Auto Sales, Inc. The Closed Executive Session was convened pursuant to M.S. 13D.05,subd. 3(b). The Closed Executive Session adjourned at 5:23 p.m. Item #2 Special Concurrent Minutes -3- February 14, 2003 Mayor Kirsch and Chair Harms reconvened the Special Concurrent City Council and HRA meeting in the City Hall Council Chambers at 5:25 p.m. Item #3 John LeFevre, Attorney for the City and HRA, presented a proposed settlement of three pending litigations: zoning case, condemnation case and TIF case. Mr. LeFevre summarized the proposed settlement by reading from the proposed resolution. Mr. LeFevre stated that this settlement must be reduced to a specific written agreement and submitted to the Court for approval. M/Kirsch, S/Sandahl that the followinQ resolution be adopted, that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION NO. 9307 A RESOLUTION APPROVING SETTLEMENT OF PENDING LITIGATION Motion carried 4-0. This resolution appears as Resolution No. 9307 in Resolution Book No. 74. Mayor Kirsch commended Chair Harms, City Manager Orduno, legal staff, representatives of Best Buy, the Walser Group and City staff for their efforts in reaching this settlement. The meeting was adjourned by unanimous consent at S:.3:?:m. I~~ /J paved: ??;1~ 19?~fl MartiO-..!. Kirsch 'J.. ~ L. Devich Acting City Clerk