TRANSCRIPT OF STEAMBOAT SPRINGS CITY COUNCIL EXECUTIVE SESSION NOVEMBER 15, 2016 - MINUTE 8:00 TO CLOSE Sloop: Are we in any way able to negotiate and go we are not going to do this contingent, you know, you move the freaking barn? Foote: | can call them tomorrow and say this is my direction. You need to agree to do the work that is scheduled in 2 days or we are going to be in District Court next week. Sloop: | think that’s fantastic. | mean personally, why is the City bearing the brunt of someone's negligence? Crossan: Yeah we are holding the cards. Sloop: It's their negligence Foote: | think there is a bigger issue here too and that is every time a developer thinks there is like a little bit of an opportunity to avoid something Sloop: Right, we are setting precedent Foote: Yes. Crossan: We have been setting precedent for 20 years. Meyer: As | said earlier don't reward bad behavior. Sloop: | agree. Suiter: Yes. Got it. Sloop: Yeah but they are forcing us to pay for that as a contingency, Foote: Well they are asking us to do that. We don't have to. Sloop: It's ridiculous. Magill: All right, so we got enough?Sloop: There’s more. We have to ~ Magi: We have to give direction in here for our negotiators so that side of the table on the north side of the room is making some good sense to me. Which is where I'm coming from that | think that we can offer them 2 items and then just as Dan said...pay the whole fiteen thousand and get it on schedule as soon as possible and we dont want your contingency. Otherwise we are going to go for a preliminary injunction in court Connell: And if it falis down, you guys are at risk. And we'll find out Foote: So if | file...the main thing is that this preliminary injunction will include all this stuff, You will be responsible for restoring it fit falls down, it would be 70 permits until this is settled. I'll put everything in there Sloop: Good. Meyer: Kitchen sink. Magill: Who gets to be the process server? Foote: We've got to hire somebody down in Denver Magi: 1s that a conflict of interest? | don't know if that was in our ethics. Connell: | would be happy to say “we wanted it done now and we don't want ft to fall down". And it could fall down. Crossan: You call them tomorrow and say there is going to be, we are going to take you land we are going to sue you, the conversations will be over And there will be-we are going to take you to court, that's what I'm hearing we are going to do. Sloop: No, we are going to negotiate; we are going to tel them that we want them to pay the full amount. Foote: Right, and if they don't Ford: The ful fifteen thousand. Meyer: The key here is to stabilize Sloop: Stabilization. Foote: Are you saying you don't want me to bring upFord: | think you could rattle that; but | did not necessarily think--I think you are only going to file if they say no way, we are not going to do it. We are only going to put our ten in Meyer: These are business people; this is not a mom and pop operation. Foote: Why don't | tell them this is what my client wants and if you are not willing to do that then the next step is litigation. Magill: Is this a local call? Is this a local call? Ok. Sloop: | guess, | guess, | want to do an if/then statement. Suiter: No. Louisville, not a local call Sloop: | wouldn't do an if then statement. | would go to then and say my client has given me the direction we want you to pay the full amount— Ford: Today Sloop: ~and to give them 48 hours, And when he says no then say | have been advised, depending upon your answer, to file Foote: OK, I'll present it that way. Sloop: | don’t want the threat. | am with you, Robin. But be there with all good will and say. Foote: That's fine. | don't think we really even need to talk about it because it has been talked about in the paper and that really got their attention. My phone started ringing after that. They know we are considering litigation. Sloop: Right Foote: | think we can present a counter without talking about litigation. Crossan; That would be the best thing: That is an ugly word Various: Uninteligible. Foote: Alright, so we have a consensus on that? Ford: I think it is reasonable consensus. Magill: Yes. | think we don't have consensus—we have direction.Crossan: Please explain what it is you are going to do now. Foote: I'm going to give them a counter offer, and 48 hours to respond. And if we don't like the response then we'll start litigation. Crossan: And if we don't like the response who makes that decision if we don't lke it? Sloop: The response it that if they say no. Foote: Is there, is there an intermediate... mean if they say yes, we will pay ten but welll get rid of the contingency, would you be OK with that? Sloop: No. Foote: Ok then Magill: | wouldn't either Sloop: Since July, for crying out loud. You can't tell me-this is a big company; they have fifteen grand sitting in the bank Magill: They're going to call their attorney and spend $500, right? Foote: Well, that's the thing, | mean, they may say OK they are not bluffing they are serious. Meyer: I's going to be a fifteen thousand dollar lawsuit They can spend it, really, on stabilizing the barn. Unknown: And making good neighbors. Suiter: Ok, what does Walt back in public session? Magill: | think we have given direction to negotiate. Ford: We have given direction. Essentially, it is step one and then we have a contingency depending upon the response Sloop: Two pronged approach Ford: Two pronged approach Crossan: You make a public statement? (Unclear) Foote: Well, | mean, you could put the offer on the record if you want. Sloop: There's nothing wrong with thatFord: | think we could put the offer out there, | don’t see a downside to that, do you? Sloop: | don't either. Suiter: They would read about it in the paper before we make contact and that is bad form. Magill: | think we have given direction and options. Magill: | hereby attest that this recording reflects the actual contents of the discussion of the executive session has been made in lieu of any written minutes to satisfy the recording comments in the open meetings law except for the first ten minutes when | wasn't recording. | will hand the tape to the City Clerk to retain for a 90 day period and | will discuss with Mr. Foote on those first ten minutes. The time is now 11:14 and we now conclude the executive session and retun to the open meeting