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Agenda - 2013 - City Council - 11/20/2013 - Special THE CITY OF EAGLE CITY COUNCIL SPECIAL MEETING AGENDA Eagle City Hall, 660 E. Civic Lane November 20, 2013 7:00 P.M. CALL TO ORDER: 1. ROLL CALL: 2. GRASSER, DEFAYETTE, BUTLER, PIERCE. EXECUTIVE SESSION:Executive Session: §67-2345(f) Pending and/or Threatened 3. Litigation. 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 e 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: (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; RE: Johnston v. The City Council for the City of Eagle; CV OC 13-20128 (Fourth Judicial District); controversies not yet litigated but imminently likely to be litigated regarding claims related to the Concession and Exclusive Use Agreement Between City of Eagle and Eagle Superparks, LLC. And related to the Ada/Eagle Sport Park Agreement between Ada County and The City of Eagle. EAGLE ADA SPORTS COMPLEX 4. - State Hwy 55 and Floating Feather Counsel letter to Board of County Commissioners A. for Ada County, Idaho, dated November 4, 2013 and written response from County Commissioners, dated November 12, 2013 and written response from County Commissioners, dated November 12, 2013, update. Board of County Commissioners for Ada County, Idaho, meeting of November 12, 2013, B. update. Whether to pursue purchase of Sports Complex C. (procedure/options): Footprint for Terrain Park 1. (Concessions Agreement with Eagle Superparks, LLC) Area already annexed by City of Eagle 2. (84.91 acres according to Ada County P&Z) a) City improved pump track and jump line area adjacent and contiguous to annexed area b) West face of ridge adjacent and contiguous to annexed area Entire Sports Complex Park currently under lease from Ada County 3. (approximately 267.63 acres) Renegotiation of Lease/Addendum Lease with Ada County 4. a) Option if purchase fails in whole or part, or is not otherwise viable b) Clarify or renegotiate terms regarding “concessions,” “recreational use,” “fees,” and address governmental liability concerns and immunity. Authorization of City for point of contact to facilitate the potential purchase and retain 5. appraiser a) Process THE CITY OF EAGLE CITY COUNCIL SPECIAL MEETING AGENDA Eagle City Hall, 660 E. Civic Lane November 20, 2013 7:00 P.M. b) Recommendation for Appraiser- Brad Janoush (County already provided agreed to use appraisal from any one of the four appraisers: M. Theron, S.Calhoun, J. Graham and B. Janoush, at City’s expense) CONCESSIONS AGREEMENT 5. – Terrain Park Eagle and Eagle Superparks, LLC . Procedural Update (Design Review) Rescheduled for December 12, 2013 to accommodate Ada County request and Eagle Superparks, LLC request for continuance. ADJOURNMENT. 6.