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City of L'1, ~~i Minnesota, USA Regular City Council Meeting Minutes City Hall Council Chambers, 2660 Civic Center Drive Monday, Apri120, 2009 1. Call Roll Mayor Klausing called to order the Roseville City Council regular meeting at approxi- mately 6:00 p.m. and welcomed everyone. (Voting and Seating Order for April: Ihlan; Roe; Pust; Johnson and Klausing) City Attorney Scott Anderson was also present. Closed Executive Session -Attorney-Client Privilege City Attorney Anderson reviewed the purpose of the Closed Executive Session. Roe moved, Pust seconded, recessed the meeting into Closed Executive Session, on a vote of 5/0, at 6:02 p.m., in accordance with Minnesota Statute, Section 13D.01, for the City Council and staff, and legal counsel to discuss attorney/client privileged information and confidential ap- • praisal information related to a discussion regarding Hagen Ventures, LLC; amended to include Minnesota Statute, Section 13D.05, subd. 3.c that closure also allowed to discuss real property that maybe subject to an offer or counter-offer to purchase. Councilmember Ihlan expressed concern in closing the meeting for this purpose; interpreting the purpose to be consideration of a potential counter-offer by the City for potential purchase of the Hagen Ventures, LLC property; and whether attorney/client privilege was required. Mayor Klausing requested City Attorney Anderson to expand on rationale for the Closed Execu- tive Session. City Attorney Anderson clarified legal counsel's rationale and opined that this litigation issue did reference a previous discussion and potential acquisition by the City of a portion of the Hagen Ventures LLC property; however, City Attorney Anderson noted that a damage claim was now being proposed with a drop dead date for conditions to be met to avoid threatened litigation. Councilmember Pust suggested that, providing for an abundance of caution, the meeting could be tape-recorded and later determination made as to whether that record be opened, or protected under Attorney/Client privilege. City Attorney Anderson advised that this was an option. Councilmember Ihlan advised that this would resolve her concerns in separating legal advice on litigation and counter-offers needing to be recorded; and that under those conditions, she would support a motion to go into Closed Executive Session.