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Regular City Council Meeting Monday, October 12, 2009 Page 2 that Open Meeting Law didn't require closure, and that such an important public issue should be discussed in open session. Councilmember Ihlan further questioned if there was actually any immediate threat of litigation at this point. Acting Mayor Roe requested clarification from City Attorney Anderson, in reference to the ap- praisal, and whether it should be made public at this point. City Attorney Anderson responded negatively, citing Minnesota Statute 13.44, with the appraisal and agreement information shared with the seller only once purchase is completed. Acting Mayor Roe advised that, if action is to be taken, copies of related materials would be made public at that point. Acting Mayor Roe called the vote, based on tonight's discussion, with any subsequent action in open session. Roll Call Ayes: Roe; Johnson; and Pust. Nays: Ihlan. Motion carried. Recess Acting Mayor Roe recessed the meeting at approximately 6:06 p.m. and reconvened at approxi- mately 6:46 p.m. in Regular Session. Acting Mayor Roe, upon reconvening in regular session, advised that there had been no outcome in Executive Session that would prompt action on tonight's agenda. 2. Approve Agenda Acting Mayor Roe advised that, based on tonight's Closed Executive Session, Agenda Item 12.c entitled, "Consider Acquisition of Portions of Property located at 2785 Fair- view Avenue," would be removed. Councilmember Ihlan clarified that, while no action would be taken on tonight's agenda, it did not preclude potential action on a subsequent agenda. Acting Mayor Roe asked that City Attorney Anderson and staff provide clarification and direction as to applicable inclusion of documentation in Council packets at that time, whether exclusive to the closed session or as a normal action item. By consensus, and due to the absence of a full body, consideration of Agenda Item 12.b entitled, "Adopt a Resolution adopting the 2030 Comprehensive Plan and Tier II Com- prehensive Sewer Plan;" was deferred until the October 19, 2009 regular business meet- ing. Johnson moved, seconded by Pust to amend Council Meeting agendas to move the 2010 Budget Discussion earlier on agenda at tonight's meeting and subsequent meetings scheduled between now and the scheduled Truth in Taxation public hearing in December;