08-17-1994 - Special
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CITY COUNCIL OF EDGEWATER
SPECIAL MEETING
AUGUST 17, 1994
7:00 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER:
Mayor Hayman called the special meeting to order at 7:00 p.m. in
the Community Center.
STATEMENT OF MEETING PURPOSE BY THE MAYOR
Mayor Hayman stated the purpose of the meeting was to discuss the
status of litigation between the Associates of Meadow Lake, Inc.
and the City of Edgewater.
Mayor Hayman stated Attorneys Ken and Donna McIntosh are present
to assist us.
ROLL CALL:
Mayor Jack Hayman
Councilman Kirk Jones
Councilwoman Louise Martin
Councilman Michael Hays
Councilman David Mitchum
city Attorney Krista storey
City Manager George McMahon
City Clerk Susan Wadsworth
Police Chief Lawrence Schumaker
Present
Excused
Present
Present
Present
Present
Present
Present
Present
PRESENTATION BY ATTORNEYS KEN & DONNA MCINTOSH
City Manager McMahon gave a brief presentation regarding
Attorneys Ken and Donna McIntosh from the law firm of Stentstrom,
McIntosh, Julian, Colbert, Whigham & simmons, P.A. He then
presented their credentials.
Ken McIntosh, Stentstrom, McIntosh, Julian, Colbert, Whigham &
Simmons, expressed his appreciation for having been selected for
consideration by the city in conjunction with the litigation
known as Associates of Meadow Lake Inc. vs. City of Edgewater.
Attorney McIntosh went on to explain his experience. He stated
Attorney Donna McIntosh will be involved in the first phase and
he will become actively involved in the case as it is necessary.
Attorney McIntosh gave a presentation on the inverse condemnation
suit and the two phases of the court case. He is convinced that
the case will not go before a jury. He stated they will present
a motion to dismiss to Judge Kennedy on September 1, 1994 at 8:45
a.m.
Councilman Hays asked if we would be able to recoup some of our
expenses if this is a frivilous lawsuit. Attorney McIntosh
stated if this is described by the court as a frivilous lawsuit
pursuant to Chapter 57, they would attempt to impose against the
Associates of Meadow Lake Inc. all of the legal expenses and all
of the costs that have been incurred by the City of Edgewater in
conjunction with the defensive case.
Attorney McIntosh gave a synopsis of the lawsuit and how his
staff intends to pursue the City's side of the case.
Mayor Hayman asked Attorney McIntosh to describe what the company
alleges we did. He stated there are three letters they always
like to involve themselves in: Brief, Thorough, Concise
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Attorney Donna McIntosh presented a factual analysis of the
allegations behind this lawsuit.
Attorney Donna McIntosh stated they were happy to see there were
people present from the Meadow Lake Homeowners Association.
Mayor Hayman asked if the plaintiff is the owner of the Parcel A
that allegedly has been damaged. Attorney Donna McIntosh stated
in her opinion, Coleman Construction Inc. is the owner of Parcel
A.
There was a brief discussion as to whether or not there was a
deed issued to Meadow Lake Homeowners Association.
Councilman Mitchum asked if Mr. Barrett is alleging that he owns
the property in question. Attorney Donna McIntosh stated yes he
is but the tax records show that he does not own this property.
Mayor Hayman thanked Attorneys Ken & Donna McIntosh.
Councilman Mitchum made a motion to retain services from Ken and
Donna McIntosh of stenstrom, McIntosh, Julian, Colbert, Whigham &
Simmons, P.A. to represent the City in the lawsuit known as
Associates of Meadow Lake Inc. vs. City of Edgewater, second by
Councilman Hays. The motion CARRIED 4-0.
Mayor Hayman stated the Council and the administration has
demonstrated that we are very concerned about what happens in our
community. He stated this situation has interferred with traffic
problems that we are trying to resolve. He stated the city needs
the support from the residents of Meadow Lake.
ADJOURNMENT
There being no further business to discuss, Councilman Hays made
a motion to adjourn, second by Councilwoman Martin. The meeting
adjourned at 7:36 p.m.
Minutes submitted by:
Lisa Kruckmeyer
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Council Special Meeting
August 17, 1994