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Council moves into closed session to discuss easement purchases for Clement Avenue and potential Herzog settlement
Summary
The council voted to enter a closed session under Minnesota Statute 13D.05 to discuss offers to purchase easements for parcels related to the Clement Avenue project and to consider a potential settlement in a lawsuit brought by the Herzogs; attorney Justin Temple advised the council in open session before the vote.
The mayor asked for a motion to close the meeting under Minnesota Statute 13D.05 subdivision 3(c) to 'develop and consider offers to purchase easements' for several parcels tied to the Clement Avenue project (PIDs read aloud). The council also agreed to close under subdivision 3(b) to discuss a potential settlement in litigation brought by the Herzogs against the City of Montrose.
Justin Temple, an attorney with Hothberry who said he was appointed by the League of Minnesota Cities to represent the city in the Herzog matter, addressed the council before the vote: “I was appointed by the League of Minnesota Cities to represent you in a case, brought by Herzog's against the city of Montrose.” A motion to enter closed session was made and seconded; the council voted aye and asked the audience to step out. No deliberations from the closed session were disclosed in the public minutes recorded in the transcript.
