City Council Minutes 2023 10 02 - Laserfiche WebLink

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City Council Meeting Minutes October 2, 2023 Page 13 of 14 with respect to pending litigation pursuant to Section 5-2(d) of the City's Home Rule Charter and C.R.S. § 24-6-402(4)(b).. City Clerk Muth read Section 2.90.050 of the Louisville Municipal Code, which outlines the topics permitted for discussion in an executive session. City Attorney Kelly stated Section 5-2(d) of the Home Rule Charter authorizes an executive session for the purpose of discussing pending litigation with regards to the Marshall Fire an executive session for these purposes is also authorized by the Open Meetings Law, Section 24-6-402(4)(b) of the Colorado Revised Statutes. MOTION: Mayor Maloney moved to go into executive session for the purpose of discussing pending litigation and that the executive session also include City Manager Jeff Durbin and City Attorney Kelly. Seconded by Mayor Pro Tern Fahey. VOTE: Motion passed by unanimous roll call vote. Council adjourned to executive session at 8:47 pm. The Council meeting reconvened at 9:56 pm. REPORT — DISCUSSION/DIRECTION/ACTION — PENDING LITIGATION AND City Attorney Kelly reported that as noted on the Meeting Agenda, the executive session was for the purpose of discussing pending litigation, and the City Council had such discussion. Staff requests the City Council provide direction or take action this evening. MOTION: Councilmember Hoefner moved to authorize the Mayor to sign a letter informing the Colorado Division of Homeland Security and Emergency Management that the City does not authorize it to respond to FEMA on its behalf with its conclusion regarding whether it is commercially reasonable to pursue reimbursement from a third party with respect to the Marshall Fire. Seconded by Councilmember Leh. Councilmember Hoefner stated the State is asking for a response to a request from the State to respond to FEMA as to whether we feel it is commercially reasonable to seek reimbursement from a third party, in this case Xcel, for FEMA costs for the Marshall Fire. This motion to inform the State that we do feel it may be commercially reasonable to do so. Councilmember Dickinson stated he is concerned we could spend a lot of time and resources on this case which may be difficult to prove and not be to our benefit in the end if we have to pay back FEMA. It could cost us a lot and not gain us much.