City Council

City Hall City of Northfield 801 Washington Street Northfield, MN 55057 northfieldmn.gov Meeting Minutes - Final City Council Tuesday, September 12, 2023 5:00 PM 2nd Floor Training Room Closed meeting pursuant to Minn. Stat. § 13D. 05, subd. 3(b) - pending litigation 5:00 PM - CLOSED MEETING AGENDA CALL TO ORDER Mayor Pownell called the meeting to order at 5:08 p.m. City representatives and consultants present: City Administrator Ben Martig, City Clerk Lynette Peterson, Public Works Director/City Engineer David Bennett, Senior Financial Advisor with Ehlers Nick Anhut, Bond Counsel with Kennedy and Graven Jenny Boulton, and City's Retained Legal Council with Flaherty and Hood Robert Scott and David Assaf. Mayor Pownell stated the following: The agenda item for this closed special City Council meeting is to discuss legal strategy regarding: Pending litigation in the matters of (1) David L. Ludescher v. Rhonda Pownell, individually, and as Mayor of the City of Northfield, and Lynette Peterson, individually, and as City Clerk of the City of Northfield; and (2) Todd Zehnder and five other named Plaintiffs v. City of Northfield, and seven named City officials, Rice County District Court File No. 66-CV-23-2047. This meeting of the City Council of the City of Northfield 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. The City's need for 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 pending and threatened litigation matters, including strategy and any possible areas of resolution. • 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 and threatened litigation matters. • The only business to be discussed in this meeting is the pending and threatened litigation matters, including strategy and any possible areas of resolution. • An open session would be detrimental because it may take place in the presence of individuals involved in the pending and threatened litigation matters. • A closed session would benefit the public because the ultimate outcome of the pending and threatened litigation matters may impact the finances and regulatory authority of the City. City of Northfield Page 1 Printed on 10/9/2023 City Council Meeting Minutes - Final September 12, 2023 Present: 7- Council Member Brad Ness, Mayor Rhonda Pownell, Council Member Jami Reister, Council Member George Zuccolotto, Council Member Kathleen Holmes, Council Member Davin Sokup, and Council Member Jessica Peterson White CLOSED SESSION 1. 23-1446 Closed meeting pursuant to Minn. Stat. § 13D.05, subd. 3(b) - Pending litigation in the matters of (1) David L. Ludescher v. Rhonda Pownell, individually, and as Mayor of the City of Northfield, and Lynette Peterson, individually, and as City Clerk of the City of Northfield; and (2) Todd Zehnder and five other named Plaintiffs v. City of Northfield, and seven named City officials, Rice County District Court File No. 66-CV-23-2047. A motion was made by Council Member Ness, seconded by Council Member Holmes, to close the meeting at 5:10 p.m. The motion carried by the following vote: Yes: 6- C. Ness, Mayor Pownell, C. Reister, C. Zuccolotto, C. Holmes, and C. Peterson White Not Present: 1- C. Sokup ADJOURN Council Member Sokup arrived at 5:13 p.m. Mayor Pownell opened the meeting at 5:54 p.m. A motion was made by Council Member Sokup, seconded by Council Member Ness, to adjourn the meeting at 5:55 p.m. The motion carried by the following vote: Yes: 7- C. Ness, Mayor Pownell, C. Reister, C. Zuccolotto, C. Holmes, C. Sokup, and C. Peterson White City of Northfield Page 2 Printed on 10/9/2023