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HomeMy WebLinkAbout2013.09.04 CITY COUNCIL MINUTES 1 September 04, 2013 Mayor Richard Woodland Council Members: Christopher Mann Jordan Busby Donna Benfield Jerry Merrill Bruce Sutherland Sally Smith 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 Mayor Woodland welcomed everyone to the meeting. Boy Scout Troops 213 and Troop 272 led the Pledge to the Flag. Jennifer Barzee said the prayer. Roll Call of Council Members: Attending: Council Member Benfield, Council Member Sutherland, Council Member Merrill, Council Member Smith, Council Member Busby and Mayor Woodland. Council President Mann asked to be excused. Public Comment on non-controversial issues: not scheduled on the agenda (limit 3 minutes) - NONE Council Member Busby moved to amend the agenda to hear a presentation by the Willowbrook Neighborhood; Council Member Sutherland seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council Member Benfield None Council Member Busby Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Presentations: Doctor James Allen at 562 Golden Willow Drive thanked Mayor Woodland and the City Council for the opportunity to be added to the agenda. He presented a petition to City Council for the Willowbrook Neighborhood asking to ignore Resolution 2008 – 02. The resolution is to protect the pavement. He asked for the neighborhoods in Willowbrook Subdivision to be grandfathered as pertaining to the resolution. He referred to the code for RR2. The area is very flat with minimum drainage problems. He indicated the residents were not informed of the resolution. Mr. Allen referred to the new proposed Phase 5 which was required to have ribbon curbing for the new development in Willowbrook Subdivision. 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 September 04, 2013 2 RESOLUTION NO. 2008 - 02 A RESOLUTION AUTHORIZING THE AMENDMENT OF THE STREET CROSS SECTION FOR RURAL RESIDENTIAL TWO (RR2) ZONE IN THE CITY OF REXBURG. WHEREAS, the City of Rexburg has adopted street and right-of-way cross section standards; and WHEREAS, typical street cross sections of proposed streets show widths of roadways, curbs, location and widths of sidewalks and the location and size of utility mains; and WHEREAS, concrete edge curbing is required to maintain the edge of street pavement avoiding premature street damage; and WHEREAS, right-of-way cross section design standards have been created to provide safe and secure streets requiring minimal maintenance; and WHEREAS, Rural Residential Two (RR2) Zoning does not require adequate street curbing, NOW THEREFORE, be it resolved by the Mayor and City Council of the City of Rexburg, that the City of Rexburg hereby amends the street cross section for Rural Residential Two (RR2) Zone by the addition of ribbon curbing to the street cross section shown as “Exhibit A” attached, for the Rural Residential Two (RR2) Zone. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 23rd DAY OF January, 2008. DATED this 23rd day of January, 2008 CITY OF REXBURG Madison County, Idaho ATTEST: By_______________________________ _________________________________ Shawn Larsen Blair D. Kay Mayor City Clerk Mr. Allen referred to past City Council meetings where ribbon curbing was discussed as necessary in RR2 Zones for new developments. Mr. Allen indicated that Developer Kirby Forbush indicated he did not want the curbing to be put in his subdivision; and he indicated to the neighborhood that an LID would be required to finish the 3 subdivision with ribbon curbing if Phase 5 would be required to have ribbon curbing. Current RR2 Zoning codes do not show this resolution in the requirements for subdivisions. He went on to compare the need for ribbon curbing in Willowbrook Subdivision with state and county roads without ribbon curbing. He showed some pictures of ribbon curbing on streets to demonstrate the lack of need for ribbon curbing in residential subdivisions. The cost of ribbon curbing seems to be the reason for this discussion. He referred to recent costs to allow handicapped access to streets on corner lots. City Attorney Zollinger indicated the law is still the same as it was when this issue was discussed the last time. The City Council does not have any authority to have a motion to forever bind a future City Council to prohibit ribbon curbing in the Willowbrook Subdivision. More importantly, however, is that whoever gave you the impression the City is considering ribbon curbing in your subdivision has been misleading you. City Attorney Zollinger indicated there has not been any discussion at any level at City Hall to put ribbon curbing into the existing phases of the Willowbrook Subdivision. The only discussion about an LID for ribbon curbing at City Hall was when the developer was reminded that he would be required to put ribbon curbing into the new Phase 5 of the Willowbrook Subdivision. The developer requested the City to LID the Willowbrook Neighborhood to be consistent with the new Phase 5 Addition. If he had to ribbon curb his new Phase 5 Addition, he wanted consistency with ribbon curbing in the rest of the Willowbrook Subdivision so he could LID the new phase. The answer to that request is “absolutely not, the City cannot LID a private developer’s infrastructure. City Attorney Zollinger asked Public Works Director Millar if there had been any discussion to put ribbon curbing in the existing phases of Willowbrook Subdivision. Public Works Director Millar responded “no”. City Attorney Zollinger explained to Mr. Allen that he has been sold a bill of goods. Mr. Allen asked for some sort of guarantee that ribbon curbing would not be required in the future. There may be a time in the future where the road becomes deteriorated and ribbon curbing will be required in the reconstruction of the roads in your subdivision; the City has created typical street cross sections which range from (64 or 110 feet from curb to curb) depending on the nature of the road and its intended use or what it will be carrying. The City provides this profile to developers as the required street profile that has to be built. In 20 years when your street needs to be reconstructed; the City will reconstruct the street according to the current typical cross section which may include ribbon curbing when your road begins to fail. It is possible; however, it is not feasible to go back and put ribbon curbing into an existing road. City Attorney Zollinger indicated that he has never been aware of any discussion at City Hall concerning adding ribbon curbing to existing subdivisions. It is simple the desire of Mr. Forbush to avoid putting ribbon curbing into his new section under current law. Mr. Allen confirmed with City Attorney Zollinger and City Council that Mr. Forbush could not request an LID for the existing phases of Willowbrook Subdivision to install ribbon curbing. City Attorney Zollinger indicated the City said “no” to Mr. Forbush the first two times; there are subdivision in the City where the developments progress and curb and gutter go into the new section without putting curb and gutter in the old section. When the road gets rebuilt, curb and gutter will be extended throughout the entire section of the rebuilt road. Reconstruction of streets is done in phases. The City as a practice has never gone after existing home owners for curb and gutter until the street is reconstructed. Council Member Merrill asked the City Attorney’s opinion and the City Council about requiring a new addition to have ribbon curbing when the rest of the subdivision did not have ribbon curbing. His personal opinion was to keep the subdivision consistent without ribbon curbing. Why not do ribbon curbing in the whole subdivision in 20 years when the streets are reconstructed. City Attorney Zollinger replied with two answers: 1. The law requires it now; 2. The City would be subsidizing a development in an RR2 Zone due to the fact that all developers are required to install ribbon curbing in RR2 Zones since Resolution 2008-02 was adopted. Mr. Forbush would be an exception to the rule without a legal basis. Council Member Merrill indicated the subdivision was started in the county under different requirements. 4 City Attorney Zollinger said that happens all of the time. Land purchased 50 years ago including his property was in the county; however, his subdivision was required to put in high back curbing. That is the nature of growth. Willowbrook Subdivision area is a great example of growth where growth has occurred across the street to the west of Willowbrook Subdivision. The City has grown well beyond Willowbrook where 10-12 years ago the property was in the county. The rules established by City Council are to have uniform street profiles (cross sections) to have street uniformity as the City grows. Council Member Merrill indicated 4/5th of Willowbrook Subdivision does not have ribbon curbing; therefore, it would be uniform to allow Phase 5 to be developed without ribbon curbing. City Attorney Zollinger said the reasoning to not require Phase 5 to have ribbon curbing would be so Mr. Forbush would not have to pay for the ribbon curbing. It would just add the burden to the property owners at a later date. He referred to the Evergreen Subdivision as a great example; a bike path was requested on the westerly edge of the Evergreen Subdivision without curb and gutter. Later the City decided to move Pioneer Road to the other side and the bike path went away. As the Henderson Subdivision was being constructed curb and gutter was required; however, Evergreen Subdivision did not have curb and gutter. The street cross section changed in those two years affecting those developments. The Evergreen Subdivision property owners were not required to pay for the curb and gutter along the westerly edge of the development. It would have been an unfair burden to them. The City waited until the property changed where the street was to be located to install curb and gutter. As growth occurs, things change. As the City moves out into the county, curb and gutter become an element of construction. Council Member Merrill reiterated the need to have a consistent look throughout the Willowbrook Subdivision; however, City Attorney Zollinger said the City Council changed the rules, so now RR2 Zoning requires ribbon curbing. Public Works Director Millar reviewed the problem with pavement failure when vehicles have a lot of turning movements on and off the oil; thus, the ribbon curbing requirement was needed to protect the streets edge in lieu of high back curb and gutter. Mr. Allen said this puts a lot of people minds at ease knowing the City will not require ribbon curbing as discussed. Council Member Sutherland reviewed the need to be fair to all developers without making exceptions to the code. Council Member Busby thanked Mr. Allen for his input. Council Member Benfield thanked Mr. Allen for his new business remodel on an old home on 1st North. Willowbrook Neighborhood August 31, 2013 Dear City Council Members and Officials: As homeowners in the Willowbrook Subdivision, we recently were made aware of Resolution 2008-2 passed on January 23, 2008 requiring all RR2 zones to have ribbon curbing. We request to present our concerns and ideas about this resolution at the upcoming City Council meeting on September 04, 2013 for the following reasons: 1. Willowbrook Estates was approved and constructed in 2003 as an RR2 zone and did not originally require ribbon curbing. 2. While we understand that curbing is intended to protect the longevity of the road, the existing roads in Willowbrook Estates show no breakdown on the edges of the road, which are now 10 years old. 3. Traffic through the subdivision is minimal with light vehicles and the occasional use of heavy weight vehicles used in new-home construction. 4. Although Resolution 2008-02 was passed in 2008, the Willowbrook developer (Kirby Forbush) was not notified of this new requirement until he applied for approval for the final phase of this neighborhood. 5. Willowbrook residents were never notified of Resolution 2008-02. 6. Since 2008 many homes have been approved and constructed in this neighborhood with no mention of this requirement. 7. Abiding by this resolution would present a significant financial burden to the homeowners in the subdivision by passing on to them a cost for which the developer would normally be responsible. 5 8. By adding ribbing curbing after the road is already in place, it will cost the city more money in maintenance, as it will have to crack seal the new joint between the current asphalt and the new ribbon curbing on a regular basis to prevent future water damage. 9. In the city of Ammon, all RR2 zones created after Ammon’s new ordinance requiring ribbon curbing have been grandfathered in and are not required to put in cement ribbing, nor will the city of Ammon ever place an LID on those older neighborhoods. 10. Willowbrook neighborhood is the only neighborhood that would need to be grandfathered. All other RR2 neighborhoods were created after the ordinance was put into place. We feel Resolution 2008-2 has merit for future developments, but it should not be used to rectify problems that currently and might not ever exist. We respectfully ask the city council to grandfather the existing and final phases of Willowbrook Estates as approved in 2003. Sincerely, 6 Committee Liaison Assignments for 2013: A. Council Member Christopher Mann: Golf Board · Emergency Services Board · MYAB Council President Mann was excused. Mayor Woodland indicated MYAB met today with a full room of students. Council Member Busby said a lot of students want to get involved with MYAB. B. Council Member Jordan Busby: GIS Oversight · Airport Board. Council Member Busby reported GIS is looking for a replacement employee. They are looking for some surveying duties to be added to this position. GENERAL STATEMENT OF DUTIES: The GIS Technician is responsible for aiding in the creation, maintenance, quality assurance, and distribution of GIS data for the City and County. ESSENTIAL DUTIES:  Input data and assure quality control on fundamental City and County data layers  Interface with employees and the public in handling day-to-day tasks and requests  Develop and publish ArcGIS Online services and web maps  Support Planning & Zoning mapping and modeling efforts for both the City and County  Collect field data through GPS or on-site verification  Ensure accuracy and closure on legal boundary descriptions using COGO methods for deeds, surveys, and plats  Scan, georeference, and print surveys, deeds, plats, maps, and reports  Assist in completing projects as needed, including simple cartographic presentations  Perform other duties as required Council Member Busby moved to fill the GIS position recently vacated by Talsan Schulzke with a new GIS Technician; Council Member Merrill seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council Member Benfield None Council Member Busby Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. GIS Director Craig Rindlisbacher indicted this position would be a joint surveyor position with Madison County. It will help improve engineering, review plats, streamline processes, and increase the accuracy of the parcel layer. Mayor Woodland said it would allow better service at a cost savings. Deputy Finance Director Nielsen indicated the hiring a surveyor will keep the costs at the current levels. C. Council Member Donna Benfield: Trails of Madison County · IBC · Teton Flood Museum Committee · M.E.P.I. Council Member Benfield reported the Legislative Tour is in need of help to put documents together for the tour in two weeks. The MYAB will be asked to help. MYAB will also help with tours of the high school during the Legislative Tour. D. Council Member Sally Smith: Legacy Flight Museum · Rexburg Arts Council (Romance Theatre & Tabernacle Civic Center, Orchestra) Council Member Smith reported her committees have not met. E. Council Member Jerry Merrill: Beautification Committee · Parks & Recreation · Traffic & Safety · Urban Renewal Agency Council Member Merrill reported Traffic and Safety met to consider two issues. Hwy 20 exits were discussed with resolution. Crosswalks at Yale Avenue were discussed; however, liability and 7 other issues were a concern. Council Member Busby asked for a letter to be sent to the constituents who came with that request explaining the issue was reviewed. Greg and Bob went to an IRPA (networking conference) meeting in Coeur d'Alene. F. Council Member Bruce Sutherland: Planning & Zoning · School Board · Police Council Member Sutherland reported Planning and Zoning meets tomorrow night. The Police Department is very busy preparing for fall activities (student influx). The Madison School Board will be contacted in two weeks. Mayor’s Report: Mayor Woodland reported a possible change in the Airport Board Committee. Council Member Busby asked about sheetrock at the Romance Theatre being removed to repair the wall. City personnel are working on the project. Councilmen Merrill asked Steve Zollinger about the Romance theater. The damage to the sheetrock is not vandalism. It is part of the building and reconstruction process. Steelwork has to be completed first before the wall can be closed up. Public Hearings: A. 7:20 P.M. BILL 1107 Abandon properties dedicated for public use including Grandview Drive as stated in the Grandview Townhouses Plat – Staff “That the said Grantor, for good and valuable consideration, to them in hand received by the Grantee, the receipt whereof is hereby acknowledged, do by these presents remise, release and forever QUITCLAIM unto the said Grantee, and to their heirs and assigns forever, all the following described real estate, situated in Madison County, State of Idaho, to-wit:” “All of the right-of-way identified as Grandview Drive on the MARTIN-BECKSTRAND ADDITION NO. 1 - TO THE CITY OF REXBURG.” Public Works Director Millar reviewed the issue on the overhead screen. The area is being raised for a new development for single student housing with over 1,000 students. Mayor Woodland opened the public hearing. Written correspondence: – NONE Public Testimony in favor of the proposal (5 minute limit): – NONE Public Testimony neutral to the proposal (5 minute limit): – NONE Public Testimony opposed to the proposal (5 minute limit): – NONE Mayor Woodland closed the public hearing for deliberations: Discussion: The issue is a housekeeping issue. Council Member Sutherland moved to suspend the rules for Ordinance 1107 to abandon properties dedicated for public use including Grandview Drive as stated in the Grandview Townhouses Plat; Council Member Merrill seconded the motion; Mayor Woodland asked for a roll call vote: Those voting aye Those voting nay Council Member Sutherland Council Member Benfield Council Member Smith Council Member Busby Council Member Merrill The motion carried. Council Member Merrill moved to consider Ordinance 1107 third read and approved to abandon properties dedicated for public use including Grandview Drive as stated in the Grandview Townhouses Plat; Council Member Sutherland seconded the motion; Discussion: City Attorney 8 Zollinger explained the street is a private street dedicated for public use. The City has not been maintaining the private street. The City was not aware that this was not a right of way. To make the use of the property legal, the land easement language must be changed. It is a bookkeeping issue. Mayor Woodland asked for a vote: Those voting aye Those voting nay Council Member Benfield None Council Member Busby Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Items for Consideration: - NONE Staff Reports: Public Works: – John Millar A. FAA Airport Grant approval (Engineering Fees) Negotiations took place between Forsgren Associates Inc. and City of Rexburg. Forsgren Associates Inc. negotiated their fees to be $360,000.00, which is 3.3% higher than the IFE. The renegotiated fee total fell within 10% of the IFE so no further clarification of the scope to T.O. Engineers was necessary. The following is a summary of negotiated changes and amounts. The final fee proposal as shown above is considered reasonable by the sponsor. The sponsor’s independent estimate and consultant’s fee proposals are attached to this record of negotiation and hereby, submitted to the ADO for a reasonableness of cost determination. Discussion: Public Works Director Millar reviewed the bids for engineering and apron reconstruction testing. Council Member Sutherland moved to approve the FAA Airport Grant matching funds and allow the Mayor to execute the contract; Council Member Smith seconded the motion; Discussion: Mayor Woodland asked for a vote: PHASE PROPOSED FEE NEGOTIATED FEE EXPLANATION 1.0 Pre-Design Phase $20,355.00 $17,218.00 Had hours to a task that was N/A, hour reduction 2.0 Pre-Design Planning $0.00 $0.00 3.0 Design Phase $129,879.00 $120,921.00 Reduced hours to N/A task and adjusted CAD hours. 4.0 Special Considerations – Design $38,360.00 $36,462.00 Hourly rate reduction Sub-Consultant Reduction 5.0 Bidding Phase $14,720.00 $13,590.00 Hourly rate reduction TOTAL DESIGN: $203,314.00 $187,561.00 6.0 Special Services $23,816.00 $23,728.00 Hourly rate reduction 7.0 Pre-Construction Coordination Phase $4,164.00 $4,028.00 Hourly rate reduction 8.0 On-Site Construction Coordination Phase $94,563.00 $66,767.00 Agreed to use RPR with lower bill rate 9.0 Post Construction Coordination Phase $11,886.00 $11,274.00 Hourly rate reduction 10.0 Special Considerations – Construction $79,325.00 $66,767.00 Subconsultant renegotiated TOTAL CONSTRUCTION ADMINISTRATION: $213,754.00 $172,439.00 TOTAL PROJECT: $417,068.00 $360,000.00 9 Those voting aye Those voting nay Council Member Benfield None Council Member Busby Council Member Merrill Council Member Smith Council Member Sutherland Council President Mann The motion carried. B. Street Lighting Bids: Council Member Benfield moved to approve the low bid for the new street lights; Council Member Merrill seconded the motion; Discussion: The bidders are fully bonded; Staff was requested to review the low bidder’s qualifications before awarding the bid. Public Works Director Millar reviewed the bids indicating the bids came in under budget by about $100,000 from the engineer’s estimate. This is for approximately 30 lights on College, Carlson, and 1st West. Council Member Busby had Concerns over the strong difference between the two lowest bids. Who has worked with them? He was concerned if they were reputable. Public Works Director Millar indicated all public works contractors are fully bonded to protect the City. Mayor Woodland asked for a vote: Those voting aye Those voting nay Council Member Benfield None Council Member Busby Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Other Public Works Construction Projects: C. The Wastewater treatment plant upgrade is at about 88% complete. Contractually, the project must be completed by November; it will be done well before that date. D. Council Member Merrill asked about the street slurry project on 7th South. Many have commented on how positive the project looks. The slurry projects on Main Street and 7th South were recently completed instead of chip sealing those streets. Several constituents have commented on the good appearance of the slurry seal. Finance Department – Matt Nielsen Deputy Finance Officer Nielsen reviewed the budget reports. The Romance Theatre is in line for a $150,000 grant. Some accounts are below the 92% level for the last part of the fiscal year. Community Development Director Christensen indicated his department is down five positions. The budget for Rexburg Rapids is looking at about $15,000 profit compared with about a $40,000 loss last year for a total year of operation. Discussion on the value of the property for Rexburg 10 Rapids. These budget numbers are for operations only. The Water Department has lower costs due to a fewer number of Staff. 11 Deputy Finance Officer Nielsen indicated the last revenue was in July. 12 Council Member Merrill reviewed the Broadband Account. Mayor Woodland indicated the City is moving forward with broadband study for service in Rexburg. Building Department – Val Christensen Community Development Director Christensen gave the August Report to the City Council. There is $60,000,000 in building value for the year under construction with $70,000,000 building value on the table being reviewed. The University is doing some more student housing plus the University heating plant is under construction. Discussion on how the building personnel are being utilized to avoid adding additional personnel in the Building Department. Council Member Sutherland asked what the total YTD values are. Projected to be $123 million. Calendared Bills and Tabled Items: A. “LAND USE ACTION” – BILLS RECOMMENDED/APPROVED IN A LAND USE PUBLIC HEARING PROCEDURE: – NONE B. BILL Introduction: – NONE C. First Reading: Those items which are being introduced for first reading: 1. ORDINANCE 1107 Abandon properties dedicated for public use including Grandview Drive as stated in the Grandview Townhouses Plat. ORDINANCE NO. 1107 AN ORDINANCE VACATING PROPERTIES DEDICATED FOR PUBLIC USE INCLUDING RIGHT-OF-WAY FOR “GRANDVIEW DRIVE” AS STATED IN THE GRANDVIEW TOWNHOUSES PLAT IN THE CITY OF REXBURG, IDAHO, AND DIRECTING THAT THE VACATED PROPERTY BE CONVEYED TO THE ADJOINING PROPERTY OWNERS 13 As approved in the public hearing: Council Member Merrill moved to consider Ordinance 1107 third read and approved to abandon properties dedicated for public use including Grandview Drive as stated in the Grandview Townhouses Plat; Council Member Sutherland seconded the motion; Discussion: City Attorney Zollinger explained the street is a private street dedicated for public use. The City has not been maintaining the private street. It is a bookkeeping issue. Mayor Woodland asked for a vote: Those voting aye Those voting nay Council Member Benfield None Council Member Busby Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. D. Second Reading: Those items which have been first read: – NONE E. Third Reading: Those items which have been second read: 1. ORDINANCE 1100 APPROPRIATION BUDGET 2014 ORDINANCE 1100 AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE OF THE CITY OF REXBURG, IDAHO, FOR THE FISCAL YEAR OCTOBER 1, 2013, TO SEPTEMBER 30, 2014, AND APPROPRIATING TO THE SEVERAL DEPARTMENTS, OFFICES AND FUNDS OF THE SAID CITY GOVERNMENT FROM THE REVENUE DERIVED FROM TAXES LEVIED FOR SAID FISCAL YEAR, AND ALL OTHER SOURCES, SUCH SUMS AS MAY BE NECESSARY OR DEEMED NECESSARY BY THE MAYOR AND CITY COUNCIL TO DEFRAY THE EXPENSES AND LIABILITIES OF SAID CITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014; AND PROVIDING FOR THE EFFECTIVE DATE OF ORDINANCE. Council Member Sutherland moved to consider Ordinance 1100 third read and approved for Appropriation Budget 2014; Council Member Smith seconded the motion; Mayor Woodland asked for a vote: Those voting aye Those voting nay Council Member Benfield None Council Member Busby Council Member Merrill Council Member Smith Council Member Sutherland 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 City 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. A. Minutes from August 21, and August 28, 2013 meetings B. Approve the City of Rexburg Bills Council Member Merrill moved to approve the Consent Calendar and pay the bills; Council Member Benfield seconded the motion; Mayor Woodland asked for a vote: 14 Those voting aye Those voting nay Council Member Benfield None Council Member Busby Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. City Attorney Zollinger asked for an executive session to have a confidential conversation concerning legal counsel. Council Member Busby said the Back to School night in Porter Park was a great event. He appreciated the City’s contribution to the event. Council Member Busby moved to go into Executive Session to receive legal counsel; Council Member Merrill seconded the motion; Mayor Woodland asked for a roll call vote: Those voting aye Those voting nay Council Member Benfield None Council Member Busby Council Member Merrill Council Member Smith Council Member Sutherland The motion carried. Executive Session: 8:22 P.M. Executive Session ended: 8:38 P.M. Adjourned at 8:38 P.M. APPROVED: _______________________________ Richard S. Woodland, Mayor Attest: _______________________________ Blair D. Kay, City Clerk