The special Council meeting of the City of Colwich was called to order by Mayor Terrence D. Spexarth on Friday, July 25, 2008 at 7:30 a.m.

Mayor Spexarth informed the Council that Abengoa and ICM had reached a settlement in the use of the private drive. He stated that as part of the agreement ICM was requested to obtain permission from the City to use the private drive and 1st Street for their truck traffic. Ms. Alison Brown, City Attorney, stated that the judge overseeing the pending lawsuit was requiring notification of a settlement by noon or the case would be scheduled for trial. She stated that an approved agreement would release all parties from the pending lawsuit.

Councilwoman Guy questioned why the City's consent was necessary as the issue was between private parties over private property. Ms. Brown stated that Abengoa, as part of the lawsuit discovery process, had on record complaints from the City about truck traffic using 1st Street dating back 25 years. She stated that there were agreements between the City and the historical companies assuring they would not use 1st Street for truck traffic. She stated that one reason for Abengoa contesting ICM's use of the private drive was because there was an agreement with the City to not allow truck traffic to use 1st Street. She stated that Mr. Vander Griend was concerned that the City's code enforcement would restrict use of the private drive based on the prior agreements or the City Council would pass a resolution in some manner limiting and ticketing truck traffic on First Street.

Councilwoman Guy clarified that ICM was going to keep doing what they were already doing. Mayor Spexarth stated that this was correct.

Councilman Suellentrop moved that the Council approve the consent to ICM's continued use of the private drive for vehicular and truck traffic. Councilwoman Guy second the motion.

Discussion followed. Councilman Kraus questioned issues remaining open between ICM and Abengoa. Ms. Brown stated that the items were private in nature and the City was not privileged to those negotiations.

There being no further discussion, upon a call vote the motion carried 3-0.

There being no further business, Councilwoman Guy moved for adjournment at 7:40 a.m. Councilman Kraus second the motion. There was no discussion. Upon a call vote the motion carried 3-0.

Respectfully submitted:
Diana K. Brooks,City Clerk