HomeMy WebLinkAbout2011.10.05 CITY COUNCIL MINUTES1
October 05, 2011
Mayor Richard Woodland Council Members: Christopher Mann – Council President Rex Erickson Donna Benfield Bruce Sutherland Brad Egbert
Adam Stout City Staff: Stephen Zollinger – City Attorney Richard Horner – Finance Officer John Millar – Public Works Director Val Christensen – Community Development Director Scott Johnson – Economic Development Director Blair Kay – City Clerk
7:00 P.M. City Hall – Pledge to the Flag
Rexburg Police Officer Ray Hermosillo led the Pledge of Allegiance.
Devin Dalling said the prayer.
Roll Call of Council Members:
Attending: Council Member Benfield, Council Member Sutherland, Council Member
Egbert, Council Member Stout, Council Member Erickson and Mayor Woodland.
Council President Mann asked to be excused.
Public Comment: on issues not scheduled on the agenda (limit 3 minutes)
Presentations:
Council Member Erickson reported on a recent award for Chief Finance Officer Horner. “Chief Financial Officer Richard Horner has been honored by the Idaho City Clerks, Treasurers and
Finance Officers Association (ICCTFOA) with the Dr. James B. Weatherby Award. A plaque was presented to Horner at the 2011 ICCTFOA Institute in Boise on Thursday, September 22. The Dr.
James B. Weatherby Award is given annually by the ICCTFOA to an individual who has served the city clerks, treasurers and finance officers in their pursuit of excellence, effectiveness and efficiency in municipal
government. This year, Richard Horner was honored with this prestigious award in recognition of his contributions to ICCTFOA, his city, the cities of Idaho and this state.”
Mayor Woodland recognized Boy Scouts in attendance.
Committee Liaison Assignments for 2011:
A. Council Member Adam Stout Trails of Madison County · Traffic & Safety Committee · Airport Board
Council Member Stout had nothing to report.
B. Council Member Brad Egbert Legacy Flight Museum · Parks & Recreation · IBC Committee
Council Member Egbert had nothing to report.
C. Council Member Bruce Sutherland Museum Committee · Beautification Committee · Traffic &
Safety Committee
35 North 1st East
Rexburg, ID 83440
Phone: 208.359.3020 x2313
Fax: 208.359.3022
blairk@rexburg.org
www.rexburg.org
City Council Meeting
October 05, 2011
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Council Member Sutherland had nothing to report.
D. Council President Christopher Mann Emergency Services Board · School Board · MYAB
Council President Mann asked to be excused.
Mayor Woodland reported the Mayor Youth Advisor Board met today.
E. Council Member Donna Benfield Police Department · Romance Theatre Committee · Rexburg
Arts Council · Tabernacle Civic Center · School Board
Council Member Benfield reported Chief Turman and Captain Lewis of the Police Department spent four days in Billings, Montana for an FBI retraining course that dealt
mainly with communications and liability issues. She said the Police Department will update the council about the business parking permits. She said two presentations on
parking and jaywalking would be given. An audio visual presentation was given by the police department.
Michelle Montano and Halli Andersen gave a presentation on business permits and
parking.
Summary:
Forty-three out of two-hundred “B” permits have sold. Reasons for this number are
largely a result of businesses buying a small number of permits and sharing them among
their employees, as well as some businesses not requiring the permits due to already
having private parking of their own.
Pros: The positive impact of issuing the “B” permits is a noticeable decrease in the ticketing of employees in the downtown area. Also, concerns of their not being enough parking for
“B” permits and casual patrons of the downtown area has not been an issue. As far as we can tell there has been ample parking for both of these groups.
Cons: Some businesses do not purchase the “B” permit because they do not like the idea of
having to park a block away. The “B” permits allow them to park in the “mini lot” next
to the old Big Bites restaurant as well as the lot between the Paramount theater and T
Rex Plaza. Some businesses wish they could instead park in the City lots next to
Gringos as well as the City lot next to Porters. The reason these were not considered as
“B” parking areas was because these were areas that seemed to fill up throughout the day
with patrons of the businesses. It is the belief that by allowing “B” parking in these lots it
could discourage shopping in the downtown area.
Summary: The “B” permits have resulted in a much lower rate of ticketing to business owners/ employees and had allowed for a continued flow of parking in the downtown area
throughout the day. There are some businesses unhappy with the locations available to “B” permit holders but as far as we can tell the new permit system is working for the
best solution to business parking in the downtown area. We now receive considerably less complaints about parking from businesses. We now only hear complaints from
about one or two businesses. These businesses have not bought permits. Chief of Police Turman reported on the effectiveness of the safety signs posted around the university and the city. Signs were created to addresses the pedestrian safety
issues of jaywalking and texting. Since these signs have been posted around campus the police department has seen a 98% decrease in jaywalking around campus. He said he
very seldom sees a student jaywalking. These signs have created a safer environment for pedestrians and drivers. He mentioned the “Share the Road Campaign” which will be a
joint program between the university and the city to get the word out. Safety information videos and commercials will be posted on the BYU-I website, Facebook
pages and other locations to increase awareness as well. He then presented a safety video on jaywalking. After the video he said that other videos will be created on other topics
as well including domestic violence.
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Council Member Sutherland commented about the video and the dangers of
jaywalking especially at night.
Council Member Benfield said the Zombie walk is this Saturday, October 8th at
5:00p.m. S he reported the Madison Middle School would like their recycling bins placed
at a different location for safety reasons. There are concerns about anyone coming
behind the school and the safety of the students. Public Works Director John Millar said
he would contact the school to make other arrangements.
F. Council Member Rex Erickson Golf Board · Planning & Zoning · Rexburg Redevelopment Agency
Council Member Erickson apologized for his absence. He said the Planning and
Zoning has met once while he was gone and will meet tomorrow night. The Rexburg
Redevelopment Agency has no upcoming meetings as of right now. He reported this
year was a difficult year for the Golf Course, but they did a great job. Revenue this year
for the Golf Course was $413,000, while expenses this year were $385,000. He said even
though revenue was down, it was compensated for by keeping expenses in line. He said
the Golf Course needs to be commended for their successful budgeting. The economy,
the late start of the opening due to weather, and the flooding on part of the Golf Course
all contributed to the decreased revenue this year. Council Member Sutherland
commended the Teton Lakes Golf Course for their diligence in keeping costs down.
Public Hearings: NONE
Items for Consideration:
A. Beer & Wine Licenses for Walgreens at 164 East Main Street – Staff
City Attorney Stephen Zollinger reported that Walgreens has not been issued a Beer or Wine license in the past, and is currently seeking to obtain one for the first time. These
licenses will be off-premise consumption licenses meaning the alcohol will not be consumed at their location.
Council Member Sutherland moved to approve a Beer and Wine License for Walgreens at
164 East Main Street; Council Member Erickson seconded the motion; Mayor Woodland asked for a vote.
Those voting aye Those voting nay
Council Member Erickson None
Council Member Benfield
Council Member Sutherland
Council Member Stout
Council Member Egbert
The motion carried.
B. LID 40 Report (Resolution 2011 – 11) to set the public hearing for the final Assessments roll for November 16, 2011.
C. LID 41 Report (Resolution 2011 – 12) to set the public hearing for the final
Assessments roll for November 16, 2011.
Deputy Financial Officer Matt Nielsen presented an engineering report in behalf of the engineers on LID 40 and 41. He said the final assessment for LID 40 was substantially
lower than the original estimate from April 22, 1010. The final assessment of LID 41 was lower for all parcels than the original estimate from March 16, 2011 except for one. A
significant portion of LID 40 was financed by the property owners, while the City picked up a substantial amount of the financing for LID 41. The Resolutions are asking the City
Council to set the public hearings for the final assessment roll for November 16, 2011. City Attorney Stephen Zollinger clarified that their needs to be two separate public hearings.
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LOCAL IMPROVEMENT DISTRICT 40
No.Dir Street Company/ L Name F Name Total Cost
Interim
Interest
(1% APR)
Final Assessment Original Estimate April 22, 2010
0.76%
437 W 6th South Clay Lois Byrne 12,407.73$ -$ -$ 27,720.00$
415 W 6th South Scott, ETUX Rodney 12,691.73$ 4.87$ 12,696.60$ 32,520.00$
330 W 7th South Military Division State of Idaho 39,879.95$ -$ 61,710.00$
611 Vallinda Lane South Gate Apartments LLC -$ 67,920.00$
611 Vallinda Lane South Gate Apartments LLC -$ 17,490.00$
370 W 7th South South Gate Apartments LLC -$ 15,660.00$
333 W 6th South Last of the Dogmen Land Group Development LLP 58,784.43$ 446.76$ 59,231.19$ 62,430.00$
559 S 4th West North Gate Apartments LLC -$ 141,780.00$
1333 Red Cedar Rd Last of the Dogmen Land Group Development LLP 77,333.48$ 587.73$ 77,921.21$ 178,190.00$
225 W 6th South SNOW SLIDE PROPERTIES LLC 40,187.50$ 305.43$ 40,492.93$ 59,250.00$
242 W 6th South SNOW SLIDE PROPERTIES LLC 70,883.85$ 538.72$ 71,422.57$ 160,130.00$
265 S 5th West Snell Kevin 973.73$ 0.37$ 974.10$ 2,850.00$
251 S 5th West Barrick Lowell S.-$ -$ -$ 3,550.00$
apr. 259 S 5th West Barrick Jerome S -$ -$ -$ 9,780.00$
660 S 2nd West c/o Health Care Prop Investors Inc Rexburg Nursing Home 36,921.81$ 280.61$ 37,202.41$ 51,500.00$
654 S 2nd West BVH 1 LLC 89,238.45$ 678.21$ 89,916.66$ 239,100.00$
2nd West City of Rexburg -$ -$ -$ -$
7th South City of Rexburg -$ -$ -$ -$
Apprx. 457 W 6th South VALLINDA TOWNHOUSES -$ -$ -$ 690.00$
555 S 3rd West ASSISTED LIVING CONCEPTS INCDBA TETON HOUSE 7,739.20$ 58.82$ 7,798.02$ 14,770.00$
12 W 2nd South Gray ROBERT BRENT -$ 5,710.00$
48 W 2nd South SUNRISE HOLDINGS LLC -$ 3,930.00$
52 W 2nd South NETHERCOTT STEVEN E -$ 3,600.00$
60 W 2nd South NETHERCOTT STEVEN E -$ 2,530.00$
68 W 2nd South GULLEY ALESA A -$ 570.00$
1146 Arctic Willow Drive Lords Jason -$ 2,480.00$
578 Golden Willow DriveDurfee Ryan -$ 2,480.00$
508 Golden Willow DriveWeimer Gary 1,046.86$ 0.40$ 1,047.27$ 2,480.00$
1148 Golden Willow DriveMCWILLIAMS JOSEPH 1,151.19$ 0.44$ 1,151.63$ 2,480.00$
505 Golden Willow DriveBradley Dallin 1,046.86$ 0.40$ 1,047.27$ 2,480.00$
512 S Millhollow Rd Smith Robert E -$ 1,790.00$
apr 500 Airport Road BARNEY D R TRUCKING INC 76,225.15$ 932.31$ 77,157.46$ -$
387 Airport Road PKD LTD PRT 56,730.26$ 755.94$ 57,486.20$ -$
387 Airport Road T.K. and Percia Baker Living Trust 44,507.31$ 587.48$ 45,094.79$ -$
5,178.49$ 580,640.31$ 1,177,570.00$
Total City Cost 12,624.40$
Total Property Owner Cost 580,640.31$
Total Cost 593,264.71$
LOCAL IMPROVEMENT DISTRICT NO. 40
NOTICE OF HEARING ON ASSESSMENT ROLL
NOTICE IS HEREBY GIVEN that on the 16th day of November, 2011, at 7:45 pm., the City Council (the "Council") of the City of Rexburg, Idaho (the "City"), will hold a hearing on the assessment roll for Local Improvement District Number 40 ("L.I.D. 40) at City Hall, 35 N. 1st East,
Rexburg, Idaho. The assessment roll is on file in the office of the City Clerk at the above address, and is available for inspection by the public.
In order to expedite any changes to the amount assessed, any disagreement with that amount should be discussed with City Hall staff before the hearing, if possible.
At the hearing, the Council will hear and determine all objections to the regularity of the proceedings
in making assessments, the correctness of assessments, and the amount levied on particular lots or
parcels in relation to the benefits accruing thereon and in relation to the proper proportionate share of the total cost of the improvements.
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Each owner or owners of any property which is assessed in the assessment roll, whether or not named in the assessment roll, may, until four (4) P.M. on the 15th day of November, 2011, file with
the City Clerk objections in writing to said assessments.
The assessment for the property with reference to which this notice is mailed is as follows:
*Property Address: <Service Address>
*Item #: <Item #>
*The amount of your final assessment is: $ <Amount> DATED this 10th day of October, 2011 CITY OF REXBURG (s) Richard R. Horner, City Treasurer
Questions about this assessment should be directed to:
Finance Questions: Engineering Questions: Matthew Nielson Joel Gray
Deputy Finance Officer City Engineer
208-372-2343 208-372-2331
mattn@rexburg.org joelg@rexburg.org
LOCAL IMPROVEMENT DISTRICT 41
No.Street Company/ L Name F Name Total Cost
Interim
Interest
(1% APR)
Final Assessment
Original
Estimate
March 16,
2011
0.0118%
276 Pioneer Road Peterson K Dean 15,218.67$ 1.79$ 15,220.46$ 16,700.00$
376 Pioneer Road Larsen Spencer T 2,383.92$ 0.28$ 2,384.20$ 3,000.00$
398 Pioneer Road Rammell Mark S 2,383.92$ 0.28$ 2,384.20$ 3,000.00$
424 Pioneer Road Central Storage LLC 2,693.04$ 0.32$ 2,693.36$ 3,000.00$
Approx. 457 Pioneer Road Village Rexburg LLC 4,189.92$ 0.49$ 4,190.41$ 5,200.00$
543 Pioneer Road Rexburg Apartments LLC
(Conduit One LLC)
15,768.59$ 15,768.59$ 19,500.00$
318 Pioneer Road Peterson D Dean 18,650.65$ 2.20$ 18,652.85$ 19,800.00$
920 Anne St Rentmaster (Karl B Peterson)3,348.91$ 0.39$ 3,349.31$ 3,000.00$
320 Barney Dairy Rd Kimmel Lili 16,696.28$ 1.97$ 16,698.25$ 58,700.00$
342 Barney Dairy Rd Lee (Testamentary Family Trust)Rober R 994.08$ 0.12$ 994.20$ 1,100.00$
348 Barney Dairy Rd Walker (Walker Add Div No 2)Ray W 704.55$ 0.08$ 704.63$ 800.00$
671 S. Yellowstone Hwy Loveland (Sunroc)Blake 20,307.84$ 2.39$ 20,310.23$ 27,400.00$
575 W 7th S Madison School District #321 75,575.19$ 8.90$ 75,584.09$ 81,800.00$
City of Rexburg (7th South)-$ -$
City of Rexburg (Pioneer Rd)-$ -$
19.22$ 178,934.78$
Total City Cost 856,742.31$ Total Property Owner Cost 178,934.78$ Total Cost 1,035,677.09$
LOCAL IMPROVEMENT DISTRICT NO. 41
NOTICE OF HEARING ON ASSESSMENT ROLL
NOTICE IS HEREBY GIVEN that on the 16th day of November, 2011, at 8:00 pm., the City Council (the "Council") of the City of Rexburg, Idaho (the "City"), will hold a hearing on the
assessment roll for Local Improvement District Number 41 ("L.I.D. 41) at City Hall, 35 N. 1st East,
Rexburg, Idaho. The assessment roll is on file in the office of the City Clerk at the above address, and is available for inspection by the public.
In order to expedite any changes to the amount assessed, any disagreement with that amount should be discussed with City Hall staff before the hearing, if possible.
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At the hearing, the Council will hear and determine all objections to the regularity of the proceedings
in making assessments, the correctness of assessments, and the amount levied on particular lots or parcels in relation to the benefits accruing thereon and in relation to the proper proportionate share
of the total cost of the improvements. Each owner or owners of any property which is assessed in the assessment roll, whether or not
named in the assessment roll, may, until four (4) P.M. on the 15th day of November, 2011, file with the City Clerk objections in writing to said assessments.
The assessment for the property with reference to which this notice is mailed is as follows:
*Property Address: <Service Address> *Item #: <Item #> *The amount of your final assessment is: $ <Amount> DATED this 10th day of October, 2011 CITY OF REXBURG (s) Richard R. Horner, City Treasurer
Questions about this assessment should be directed to:
Finance Questions: Engineering Questions: Matthew Nielson Joel Gray Deputy Finance Officer City Engineer
208-372-2343 208-372-2331
mattn@rexburg.org joelg@rexburg.org
Council Member Sutherland moved to approve Resolution 2011-11 and Resolution 2011-12 to set each public hearing for the final assessment roll for November 16, 2011; Council
Member Egbert seconded the motion; Mayor Woodland asked for a vote.
Those voting aye Those voting nay
Council Member Erickson None
Council Member Benfield
Council Member Sutherland
Council Member Stout
Council Member Egbert
The motion carried.
Staff Reports:
A. Public Works: – John Millar
Public Works Director John Millar reported that the Pedestrian Bridge on Pioneer Road
will be constructed between the Henderson and Kartchner Subdivision. Council Member
Benfield asked if the bid process must always select the lowest bidder without the
consideration for quality of work. City Attorney Stephen Zollinger said Idaho State law
requires the bid must go to the lowest bidder and there cannot be a local preference. If the
purchase is under $5,000 then it’s permitted for the city to have local preference. Public
Works Director John Millar said the timeline for the Pedestrian Bridge is 90 days and should
be completed this fall. The Main Street Signals timeline is 120 day and should also be
completed this fall. The lowest bid for the Pedestrian Bridge was $20,266.00 from the
bidder Contech. The lowest bid for the Main Street Signals was $525,985.00 from the bidder
Wheeler Electric.
Pioneer Road Pedestrian Bridge
Bidder Bid Amount
Contech $20,266.00
Mr. Driveline $20,760.00
Roscoe Bridge $21,900.00
Premier Powder Coating $38,796.00
Engineer’s Estimate $27,500.00
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Main Street Signals
Bidder Bid Amount
Wheeler Electric $525,985.53
DL Beck Inc. $566,217.28
Mountain West Electric $573,900.00
DePatco $611,880.00
Arco Electric $696,183.50
Engineer’s Estimate $612,000.00
Council Member Sutherland moved to approve the lowest bids on the Pioneer Road
Pedestrian Bridge and the Main Street Traffic Signals; Council Member Stout seconded the
motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Erickson None
Council Member Benfield
Council Member Sutherland
Council Member Stout
The motion carried.
Public Works Director John Millar said on Pioneer Road the city is looking into rock-
scaping the area. The prices range from $8.00 to $80.00 a cubic yard. The $8.00 product has
several colors and textures of rock. The City Council indicated their approval of using the
less expensive rock.
1. The high pressure sewer-line project along highway 20 is moving along well. This
line runs from 7th S north to the sewer plant.
2. The sewer line lift station on 7th S is being connected to the system.
3. The line will have to cross Hwy 33. A contractor will be on site next week to
bore the line under Hwy 33.
4. Landscaping at the wastewater treatment plant has been completed.
5. The dike material at the wastewater treatment plant has been used for a base for
the next phase of construction at the plant.
6. The county parking lot underground construction has been completed, including
wastewater retention facilities. The next phase is concrete work to be completed
the following week making it look more like a parking lot. 1st E was cut for a
power-line conduit to install the overhead power-line to an underground power
system.
7. Several thousand yards of fill have been relocated from the north end of Rexburg
Rapids to the area behind Kmart where a new road is being brought up to grade.
There is a continued effort to bring topsoil to the area north of Rexburg Rapids.
B. Finance Department: - Richard Horner
Finance Officer Richard Horner indicated his financial update report is waiting for the
audit report. He reported on Rexburg Rapids at Riverside Park. He reported that the city is
$60,085 in the black but they are waiting on some utility bills and credit card bills. It is
expected about $30,000 of bills will still need to be payed. The City came in really close to
what they budgeted.
Council Member Erickson commended the pool managers for their hard work. He asked
if Rexburg Rapids Manager Darren Maughan will work this coming season. Financial Officer
Horner said she would not; however, Rexburg Rapids Assistant Manager Jory Neibaur will
be returning.
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Council Member Benfield asked about the concession at Rexburg Rapids. Financial
Officer Horner said they are going to meet with the vendor to discuss the plans for next year
including adjustments in pricing. Council Member Benfield mentioned that after the first
year concessions must go out to bid. City Attorney Stephen Zollinger said because of time
and emergency circumstances the city did not have concessions at Rexburg Rapids go out to
bid. The City has the option to keep concessions in house.
Finance Officer Richard Horner said he emailed the Employee Hand Book to the City
Council Members. The Employee Handbook will be on the October 19th agenda.
Calendared Bills and Tabled Items:
A. “LAND USE ACTION” – BILLS RECOMMENDED/APPROVED IN A AND
USE PUBLIC HEARING PROCEDURE:
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1. Ordinance 1074 – Rezone Blocks 48, 49, and the west ½ of Block 50 to MU2
Council Member Erickson asked for clarification
Council Member Erickson asked what the reasons would be to suspend the rules. City
Attorney Stephen Zollinger said with zoning ordinances which have gone through multiple
hearing processes before it is presented as a calendared bill it is appropriate to suspend the
rules and pass the ordinance at one meeting. The City Clerk Blair Kay has requested that we
suspend the rules and move this forward at the meeting immediately following the public
hearing where it was voted upon. This ordinance will formalize the approval given for the
rezone of Blocks 48, 49 and the west ½ of Block 50 to MU2.
Council Member Egbert moved to suspend the rules for Ordinance 1074 – Rezone
Blocks 48, 49, and the west ½ of Block 50 to MU2; Council Member Sutherland seconded
the motion; Mayor Woodland asked for a roll call vote.
Those voting aye Those voting nay
Council Member Erickson Council Member Benfield
Council Member Sutherland
Council Member Stout
Council Member Egbert
The motion carried.
Council Member Erickson moved to approve Ordinance 1074 – Rezone Blocks 48, 49,
and the west ½ of Block 50 to MU2; Council Member Egbert seconded the motion; Mayor
Woodland asked for vote.
Those voting aye Those voting nay
Council Member Erickson None
Council Member Benfield
Council Member Sutherland
Council Member Stout
Council Member Egbert
The motion carried.
Council Member Egbert asked to be excused for the remainder of the meeting.
B. BILL Introduction: – NONE
C. First Reading: Those items which are being introduced for first reading. - NONE
D. Second Reading: Those items which have been first read – NONE
E. Third Reading: Those items which have been second read – NONE
Tabled Items: Those items which have been the subject of an affirmative vote to a motion
to table: - NONE
Mayor’s Report:
A. Confirm appointment of Heidi Smith to:
1. Arts Council
2. Romance Theatre Committee
Council Member Benfield moved to confirm the appointment of Heidi Smith to the Arts
Council and Romance Theatre Committee; Council Member Sutherland seconded the
motion; Mayor Woodland asked for a vote.
Those voting aye Those voting nay
Council Member Erickson None
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Council Member Benfield
Council Member Sutherland
Council Member Stout
The motion carried.
Consent Calendar: The consent calendar includes items which require formal City Council
action, however they are typically routine or not of great controversy. Individual Council
members may ask that any specific item be removed from the consent calendar for
discussion in greater detail. Explanatory information is included in the City Council’s agenda
packet regarding these items.
Minutes:
A. September 21, 2011 meeting
B. Approve the City of Rexburg Bills
Council Member Stout indicated an error on page 11 in the 3rd paragraph of the City Council Minutes.
Council Member Erickson moved to approve the Consent Calendar consisting of the city
bills and City Council meeting on September 7th, 2011 with changes discussed; Council Member Stout seconded the motion; Mayor Woodland asked for a vote:
Those voting aye Those voting nay
Council Member Erickson None
Council Member Benfield
Council Member Sutherland
Council Member Stout
The motion carried.
Council Member Stout moved to go into executive session per state statute 67-2345 (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;” Council Member Sutherland seconded the motion; Mayor
Woodland asked for a roll call vote:
Those voting aye Those voting nay
Council Member Erickson None
Council Member Benfield
Council Member Sutherland
Council Member Stout
The motion carried.
Executive session began at 8:00 p.m. and ended at 8:40 p.m.
Adjournment
_____________________________ Richard S.Woodland, Mayor
Attest:
________________________________ Marianna Gonzalez, Deputy City Clerk