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Minutes - 2014 - City Council - 04/11/2014 - Special EAGLE CITY COUNCIL Special Meeting Minutes April 11, 2014 1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 5:30 p.m. 2. ROLL CALL: MCFARLAND, BUTLER, KUNZ,RIDGEWAY. McFarland is on her way. A quorum is present. Mayor leads the Pledge of Allegiance. 3. NEW BUSINESS: A. Laguna Pointe Pathway Acquisitions. (CM) City Attorney McLain: We have a settlement offer but we will discuss this in Executive Session. A-1 EXECUTIVE SESSION: § 67-2345(1)(c)&(f)Acquisition of Private Property& Pending and/or Threatened Litigation. When authorized. (1)An executive session at which members of the public are excluded may be held, but only for the purposes and only in the manner set forth in this section. The motion to go into executive session shall identify the specific subsections of this section that authorize the executive session. There shall be a roll call vote on the motion and the vote shall be recorded in the minutes. An executive session shall be authorized by a two-thirds(2/3)vote of the governing body. An executive session may be held: (c) To conduct deliberations concerning labor negotiations or to acquire an interest in real property which is not owned by a public agency; (f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation,or controversies not yet being litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement; Mayor Reynolds introduces the issue. Kunz moves to go into Executive Session pursuant to I.C. 67-2345 1(c)(f) for the discussion of Acquisition of Private Property and Pending and/or Threatened Litigation. Seconded by Ridgeway. Butler: AYE; Kunz: AYE; Ridgeway: AYE: ALL AYES: MOTION CARRIES • Council goes into Executive Session at 2:40 p.m. Council Member McFarland joins the meeting at 2:40 p.m. Council discusses acquisition of private property and pending and/or threatened litigation. Council leaves Executive Session at 2:55 p.m. B. Resolution No. 14-10-A resolution of the City of Eagle, Idaho making certain findings and pursuant thereto, ordering the condemnation of specified properties for the use of a public pathway. (CM) Mayor introduces the issue. City Attorney McLain: What you have before you is Resolution No. 14-10 which is a resolution of the City of Eagle, Idaho making certain findings and pursuant thereto, ordering the condemnation of specified properties for the use of a public pathway. Under Title 7, Section 7 of the Idaho Code, this is the eminent domain section of the Idaho Code, the governing body which Page 1 of 2 cc-04-11-14min.doc is the City of Eagle must enact either a resolution or ordinance determining the public purpose for the eminent domain and the order of condemnation so this is a procedural requirement by state code which must be done prior to any legal filings in court and exhibits also lists the property descriptions that would be condemned which are 6 parcels owned by the Laguna Pointe HOA, 2 owned by Jade Development and 1 owned by Premier Properties. Butler moves to approve Resolution No. 14-10—A resolution of the City of Eagle, Idaho making certain findings and pursuant thereto, ordering the condemnation of specified properties for the use of a public pathway. Seconded by Ridgeway. McFarland: AYE; Butler: AYE; Ridgeway: AYE; Kunz: AYE: ALL AYES: MOTION CARRIES Discussion on a press release. 5. ADJOURNMENT: Butler moves to adjourn. Seconded by Ridgeway. ALL AYES: MOTION CARRIES Hearing no further business, the Council meeting adjourned at 3:00 p.m. Respectfully submitted: •ow. SHARON K. BERGMANN::C.J ORP ' 0R ;'F CITY CLERK/TREASURER * t go•••• • • * e PROVED: =.•s ;sEAp •.•' ikA OF1D r.oe ,; ES D. REYNO S MAYOR AN AUDIO RECORDING OF THIS MEETING aS AVAILABLE AT CITY HALL UPON REQUEST. Page 2 of 2 cc-04-11-14min.doc