Minutes - 2013 - City Council - 11/20/2013 - Regular EAGLE CITY COUNCIL
Minutes
November 20, 2013
1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 7:00 p.m.
2. ROLL CALL: DEFAYETTE, BUTLER, PIERCE. ABSENT: GRASSER. A quorum is
present.
3. EXECUTIVE SESSION:
Defayette moves to go into executive session per Idaho code 67-2345(1) Pending
and/or Threatened 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 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:
(1) 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.
Seconded by Butler. Roll call vote: Defayette; AYE, Butler; AYE, Pierce; AYE:
ALL AYES: MOTION CARRIES
Council goes into Executive Session at 7:03 pm.
Council returns from Executive Session at 7:40 pm.
Susan Mimura addresses the Council in regard to executive session items.
Mimura: October 8, 2013 allegation, adding a new item to the agenda that had not
been previously noticed.
Defayette: On October 8th, I attempted to add to new business item 8B, the
subject of the city purchasing the sports complex. Apparently had it been passed
and added to the agenda, it would have been an open meeting act violation,
however the motion did not pass therefore I move that the council determine no
violation had occurred related to my motion on October 8th and that no cure is
necessary. Seconded by Butler.
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Roll call vote: Defayette; AYE, Butler; AYE, Pierce; AYE: ALL AYES:
MOTION CARRIES
Mimura: October 8, 2013 allegation, motion was made to add new item as 8B for
discussion on how to get the word out to the public about the following days Ada
County Commissioners agenda related to the disposition of the property (Ada-Eagle
Sports Complex).
Discussion. Butler moves that understanding notice was impractical for us to
get this on the agenda, that I felt the motion was correct but if it was a violation
because it was not on the agenda in order to cure it we repeat our statement that
it is our intent to get the word out as we have done with this agenda and any
movement forward to purchase the park property. Seconded by Defayette.
Roll call vote: Defayette; AYE, Butler; AYE, Pierce; AYE: ALL AYES:
MOTION CARRIES
Mimura: Additional allegation in the Johnston case related to a special meeting with the Ada
County Commissions on October 9, 2013 at 2:00 pm. The agenda for the special meeting,
although the allegation is not real clear in the complaint, it seems to infer that the city
properly noticed it. Mimura has received the print out from the clerks office indicating that
the special meeting notice did get published to the web site and in compliance with the open
meeting act on October 7, 2013, a copy has been provided to the plaintiff's counsel today.
Pierce moves that the agenda for the special meeting was published on October 7,2013,
therefore I move that council determine no violation occurred related to the timeliness
of the October 9,2013 special meeting agenda and find no cure is necessary. Seconded
by Butler.
Roll call vote: Defayette; AYE, Butler; AYE, Pierce; AYE: ALL AYES:
MOTION CARRIES
Mimura: Additionally the complaint indicates that the minutes of the October 9, 2013
meeting with the Eagle City Council and the Ada County Board of Commissioners
was not done and that there were no minutes for the meeting. I would advise you that
on November 12, 2013 on your regular agenda you had received and approved those
minutes and they are currently posted.
Defayette moves that since these minutes were actually legally recorded that
there is no violation of the open meeting act regarding the minutes of the
October 9th special meeting and that the council find no cure is necessary.
Seconded by Butler.
Roll call vote: Defayette; AYE,Butler; AYE,Pierce; AYE: ALL AYES:
MOTION CARRIES
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Mimura: Allegation that on October 22, 2013, at the regular meeting that there was a
motion to go into executive session to communicate with legal counsel (Mimura)
regarding the purchase of the public lands. Discussion on executive session that was
held, discussion was in regard to Laguna Pointe and water rights, not public land
purchase. Butler clarifies that Laguna Point acquisition would be private property.
Butler moves to acknowledge that he did state the incorrect code section 67-2545
when it should have been 67-2345(1) and there may have been some inadvertent
conversation with regard to using Larry Rincover to purchase public property,
according to one council member, and if there was that this public meeting cures
that. Discussion. Butler adds to null and void the decision to have Larry
Rincover work with the Mayor. Seconded by Mary. Roll call vote: Defayette;
AYE, Butler; AYE,Pierce; AYE: ALL AYES: MOTION CARRIES
4. EAGLE ADA SPORTS COMPLEX:
A. Counsel letter to Board of County Commissioners
Defayette moves to amend the agenda to remove the duplicate wording"and
written response from County Commissioners" strike that from the agenda since
it is in there twice. Seconded by Pierce. Roll call vote: Defayette; AYE, Butler;
AYE, Pierce; AYE: ALL AYES: MOTION CARRIES
B. Board of County Commissioners for Ada County, Idaho, meeting of November
12, 2013, update. Mimura reviews what took place at the meeting.
C. Whether to pursue purchase of sports complex (procedure/options):
1. Footprint for Terrain Park
2. Area already annexed by City of Eagle
3. Entire Sports complex Park currently under lease from Ada County
4. Renegotiation of lease/addendum lease with Ada County -
5. Authorization of City for point of contact to facilitate the potential purchase
and retain appraiser
Council discussion on options going forward. Discussion with Mimura in regard to
appraisal costs.
Parks and Recreation director, Mike Aho addresses the council and reviews the Parks
and Pathway meeting held last night and their recommendation to council in regard to
Terrain Park. PPDC would recommend that Council renegotiate the lease with Ada
County to allow for public/private partnerships. Mr. Aho shows overhead displays of
park property. Discussion on trails, bike paths, footprint for Terrain Park, annexed
portion and area already owned by the City of Eagle.
Pierce moves to send a letter to the County on what they would like to
renegotiate in the lease because I think if it's holding them less harmless, a
couple of small things that makes them feel more comfortable and we move on
from this and if that comes back and it just doesn't make any sense to put the
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residents of the City of Eagle in a lease of that type with the amount of money we
are spending on the park,that we then go with the $4500 to do an appraisal of
the property and see if we can work it that way - Discussion. No second, motion
dies.
Jana Gomez, 11455 W. Gabriella Drive, Boise, Idaho, Ada County counsel addresses
the council and indicates the preference of the County at this time is to sell the
property, all or some and they would not like to continue the lease that is currently in
place. The Commissioners have said they are willing to sit down with the council at
any time to negotiate.
Pierce moves to meet with County Commissioners again,we talk about what
changes they want to make with the current lease, if it's a big change or little
change and to be honest with you if it's going to be a big change I would like to
see us stick with the lease we have. I believe that the history of this lease will
show the intents of it, now we are talking Little League? What I'm saying is that
now we have their attorney saying now we have to even discuss Little League.
I've been around for ten years talking about this thing and that has been at the
fore front of what it was going to be used for,soccer fields and Little League ball
parks. And for it now to go back to not even that I think they have stuck their
head in the sand and they are not willing to understand what the intent was
from the City of Eagle representatives at the time and the County at the time. So
I would recommend that we have a meeting with them, talk about what change
in the lease they would like to make and if that is not what happens then we
move forward with what we have. Discussion. Mayor Reynolds restates that the
motion would be that we meet with the Commissioners to discuss changes in the
lease. Pierce restates the motion to we move to meet with the County
Commissioners to discuss changes to the lease. Discussion. Lack of second,
motion dies.
Defayette moves to schedule a joint meeting with the Ada County
Commissioners to discuss the future of the Ada-Eagle Sports Complex.
Discussion. Defayette amends motion to include discussion of a lease, discussion
of purchase, discussion of cooperative management of the park. Seconded by
Butler. Roll call vote: Defayette; AYE, Butler; AYE, Pierce; Nay: TWO AYES;
ONE NAY: MOTION CARRIES
Defayette moves to have Mark Butler work with Mr. Janoush on an appraisal
and an agreement for an appraisal. Discussion. Mimura states that she can be the
point of contact for this, rather than Mark Butler. Discussion on appraisal.
Butler states he would not have a problem with an appraisal on the annexed
area and the whole area. That is fairly defined and would not boost the cost, the
annexed area as one amount and then the whole area as another amount.
Defayette moves that her motion is what Butler just stated. Seconded by Butler.
Defayette; AYE, Butler; AYE,Pierce; Nay: TWO AYES; ONE NAY: MOTION
CARRIES
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Discussion. Butler removes his vote in favor of the previous motion, so motion
above dies for lack of second.
Defayette moves to get an appraisal for the whole area and we also get an
appraisal for the entire annexed area including the pump track area as outlined
in Mr. Aho's diagram. No second, motion dies for lack of second.
5. CONCESSIONS AGREEMENT: - Terrain Park
Mimura updates the council in regard to the Design Review application that has been
submitted. The Design Review Board meeting will be December 12, 2013, which is
the next regularly scheduled Design Review Board meeting.
6. ADJOURNMENT:
Defayette moves to adjourn 9:15 pm. Seconded by Butler. ALL AYES: MOTION
CARRIES...
Respectfully submitted:
,•'•∎4.0 .••EAG <
AO_ 93012,1?,•,_
_ ( )
SHARON K. BERGMANN * U �•A *
CITY CLERK/TREASURER t S E L :
APPROVED: '••,9PE OF 10,�•••
EAMES D. RE e DS
MAYOR
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL
UPON REQUEST.
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