Minutes - 2014 - City Council - 06/14/2014 - Special EAGLE CITY COUNCIL
Special Meeting Minutes
June 14, 2014
1. CALL TO ORDER: Council President McFarland calls the meeting to order at 9:30
a.m.
2. ROLL CALL: BUTLER, MCFARLAND, KUNZ, RIDGEWAY. All present. A
quorum is present.
3. PLEDGE OF ALLEGIANCE: Council President McFarland leads the Pledge of
Allegiance.
4 ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGENDA: None
5. PUBLIC COMMENT:
This time is reserved for the public to address their elected officials regarding concerns or comments
they would like to provide to the City Council regarding subjects not on the agenda. At times,the City
Council may seek comments/opinions regarding specific City matters during this allotted time. This is
not the time slot to give formal testimony on a public hearing matter, or comment on a pending
application or proposal. Out of courtesy for all who wish to speak, the City Council requests each
speaker limit their comments to three(3)minutes.
City Attorney Susan Buxton introduces Chad Lamer into the record. Chad represents the
Laguna Pointe HOA. He has been asked to attend in case there are questions regarding
the settlement offer.
6. EXECUTIVE SESSION: 67-2345(c) (f)Pending/Threatened Litigation: Laguna
litigation - City v. Jade Properties, Laguna Pointe HOA, and Premier Properties.
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.
Council President McFarland introduces the issue.
Kunz moves to enter into Executive Session as per I.C. 67-2345(c) (f) regarding
Pending and/or Threatened Litigation regarding Laguna litigation - City v. Jade
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Properties, Laguna Pointe HOA, And Premier Properties. Seconded by Butler
McFarland: AYE; Butler: AYE; Kunz: AYE; Ridgeway: AYE: ALL AYES:
MOTION CARRIES
Council goes into Executive Session at 9:33 a.m.
Council discusses Laguna litigation—City of Eagle v. Jade Properties, Laguna Pointe
HOA, and Premier Properties.
Council leaves Executive Session at 10:20 a.m.
Butler moves that we accept the June 13, 2014 3:34 p.m. settlement language. That
this language be put into a formal settlement agreement and be brought back to the
Council for their final approval and that the 404 duties for maintenance be clarified
and that the east end access be clarified and this is with regard to the City of Eagle
v. Laguna Pointe HOA. Seconded by Ridgeway. Butler: AYE; McFarland: AYE;
Kunz: AYE; Ridgeway: AYE: ALL AYES: MOTION CARRIES
City Attorney Buxton asks the Council for permission to notify the judge on Monday
morning that we are now vacating the hearings that are set on Monday.
Butler moves to vacate the Monday hearing. Seconded by Kunz. ALL AYE...
MOTION CARRIES
7. ADJOURNMENT:
Butler moves to adjourn. Seconded by Ridgeway. ALL AYES: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 10:25 a.m.
Respectfully submitted:
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AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL
UPON REQUEST.
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