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HomeMy WebLinkAboutCouncil Minutes - April 05, 2017.pdf 1 April 5, 2017 Mayor Jerry Merrill Council Members: Christopher Mann Jordan Busby Donna Benfield Tisha Flora Brad Wolfe Sally Smith City Staff: Stephen Zollinger – City Attorney Matt Nielson – Finance Officer Keith Davidson – Public Works Director Val Christensen – Community Development Director Scott Johnson – Economic Development Director Blair Kay – City Clerk 6:30 P.M. City Hall Council Meeting Caleb Rodell led the pledge. Andrew Cargal said the prayer. Roll Call of Council Members: Attending: Council President Smith, Council Member Flora, Council Member Mann, Council Member Busby and Mayor Merrill. Council Member Benfield joined via internet. Council Member Wolfe asked to be excused. Public Comment: not scheduled on the agenda (limit 3 minutes); issues may be considered for discussion on a future agenda. Please keep comments on point and respectful. Presentations: Introduce new employee: “Police Department Patrol Officer” John Bone Officer Bone recently returned from training. He started with the Rexburg Police Dept. in November. His nickname is Johnny. He has been married to Gaby for 4 years and they have one child, Stanley, who is 9 months old. Johnny grew up in Woodbridge, Virginia. He has also lived in California. He attended Northern Virginia Community College, BYU, and Arizona State University. He has worked as an analyst for a consulting firm in Arlington, Virginia, and as a reserve officer for the Rexburg Police Department. Johnny enjoys being outside and doing physical activities like, running, football, basketball and lacrosse. He also enjoys spending time with his wife and son. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 x2313 Fax: 208.359.3022 blairk@rexburg.org www.rexburg.org City Council Minutes April 5, 2017 2 Staff Reports: A. Finance: - Matt Nielson 1. Approve 2017 Budget Adjustment Requests Finance Officer Nielson went over each department’s budget adjustment requests. 3 4 Discussion: Council Member Busby moved to approve the 2017 Budget Adjustment Requests; Council President Smith seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Benfield Council Member Mann Council Member Busby The motion carried B. Public Works and Engineering: - Keith Davidson 1. Surplus structures: Remove structures and foundations on North 2nd East –house, small shed and foundation. Director Davidson presented the property for surplus. It is just for the house and small shed; the large shop will be used by the City until the property is sold. The house foundation also needs to be removed. 5 Council Member Smith moved to approve the surplus of the structures on North 2nd East; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Benfield Council Member Mann Council Member Busby The motion carried 2. Approve low bid for Bike Path along canal at Riverside Park to Depatco for $22,166.75. Director Davidson reviewed the bids for the bike path at Riverside Park. Bider Amount Depatco $22,166.75 HK $32,264.00 TMC $49,935.00 Knife River No bid Council Member Flora moved to approve and award the low bid for the bike path along the canal at Riverside Park to Depatco for $22,166.75; Council Member Busby seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Benfield Council Member Mann Council Member Busby The motion carried 6 Director Davidson indicated that they will be surplusing some items at an auction with Gayle Harding. He will present a list at the next council meeting. Director Davidson also informed council that the Waste Water Treatment Plant will be running a test on the new system this month and they will do a three day training for the employees. Council Member Busby asked Director Davidson about the new fields that were seeded last year at Riverside Park. Director Davidson said the fields should be okay to play on this summer. Mayor Merrill said he met with the Grid Kid Football Association and they are very excited to start using the new fields. Council President Smith inquired about the new speed limit signs for 7th South by the Middle School. Director Davidson said they are waiting for the signs. C. Community Development: New Construction Report – Val Christensen Director Christensen presented the building valuation report for March which came in at nearly 11 million. The biggest project is for the Hampton Inn with a valuation of 8.2 million. Mayor’s Report: The DEQ’s report on Rexburg’s water quality was good enough to qualify the City for reduced reporting. The City will still monitor the water just as frequently as always but they won’t have to pay for the expensive testing quite as often. He appreciates the City Water Department and the great job they are doing. Pickle ball courts will be marked off on the asphalt pad at the Nature Park. This will be good to utilize that pad and to give the Pickle ball Association a place to play. The 2nd Annual Heritage Festival will be combined with the Chamber of Commerce’s Experience Rexburg on September 16th. Nyle Fullmer will help with the tractor show. Mayor Merrill was interviewed on the BYU-I Radio station about the eclipse and growth in town. Beehive Federal Credit union is sponsoring a new pavilion in Porter Park. The Historical Buildings Committee met with Jerry Meyers who is a historical buildings architect from Pocatello to evaluate the Romance Theater and draw up plans for a remodel. They are looking for grants to pay for the remodel. Mayor Merrill and Economic Development Director Scott Johnson met with off campus landlords and invited them to ask questions about how the taxes work. 7 Cultural Arts Director Jackie Rawlins and Council Member Flora and Mayor Merrill went to a High Country RC&D annual meeting. This is a company that helps cities write grants. Council Member Mann would like the City to think about adding the Romance Theater remodel to the budget. Mayor Merrill said Director Rawlins brother-in-law has been in the Romance almost every night painting the detailed trim. Mayor Merrill reported that he had a mock city council meeting with the Mayor’s Youth Advisory Board last week. There was good discussion and a good learning experience. He met with Ball Ventures and worked out a deal for some land for the water tank west of town by Burton Elementary. Eclipse meetings are on-going. He attended the prescription drug abuse seminar with Attorney Zollinger and Officer Wheeler. He met with Rocky Mountain Power; they are doing a watt smart program where they will come and do an energy audit at your business to see what lighting upgrades can be done to save energy. They will even pay 75% of the upgrade costs. Public Hearings: – NONE Items for Consideration: A. Conditional Use Permit - 342 West 1st South, #704 – Requesting a Conditional Use Permit to allow a short-term rental in the MDR1(Medium Density Residential 1 Zone , per the Rexburg Development Code Ordinance No. 1115 - Andrew Cargal. The property is in the MDR1 (Medium Density Residential 1) zone. Andrew Cargal presented on the property at 342 W 1st S #704 that he would like to use for short term rentals. He has owned the property for five years. He feels he can monitor it more closely and make more money by converting it to a short term rental. He submitted a management plan as requested by Planning and Zoning. There will be two spaces for parking that he will permit and monitor. He feels confident that the people using it will be good and polite. Council Member Busby asked about the staff review of the parking. Staff indicated that there needs to be one parking spot for each bedroom. Mr. Cargal recalls that even though that was an original staff recommendation, the Planning & Zoning Committee approved to have an exception to that and just have the two parking spaces as long as he is willing to permit those and watch over them. That’s why he included that in his management plan. He intends to enforce the parking and provide parking tags for each vehicle. Council Member Busby asked about the building permit. Community Development Director Christensen explained that any time there is a change of use or occupancy in a building they require a permit and an inspection. Council President Smith asked Director Christensen to go over the conditions that staff recommended. Director Christensen indicated the conditions were that the Conditional Use Permit goes with the owner so when they sell the townhome, the new owner would need to re-apply for a CUP in order to use the property for short term rental. Planning & Zoning Public Hearing from March 16, 2017. Rory Kunz motioned to recommend approval to City Council for a Conditional Use Permit for 342 West 1st South, #704, to allow a short-term rental in the MDR1(Medium Density Residential 1) Zone , per the Rexburg Development Code Ordinance No. 1115 , with 2 proposed conditions: 1. There shall be a management plan that shall be approved by city staff. 2. The Conditional Use Permit shall expire upon transfer and selling of property. Heidi Christensen seconded the motion. 8 The “Standards Applicable to Conditional Use Permits,” Section 6.12B of the Rexburg Development Code No. 1115, apply to all Conditional Use Permits. STAFF RECOMMENDATIONS: Staff recommends that this use be granted if the applicant provides adequate parking. Currently staff is requesting one parking space per bedroom for short term rentals. The proposed unit has three bedrooms and only two parking spaces. The applicant requests that this requirement should not apply to them as they would rent out the entire unit. Staff felt that the recommendation of one space per bedroom should be adhered to. If the CUP is granted the new use will trigger a change of occupancy and will require a building permit. Council President Smith moved to approve the Conditional Use Permit at 342 West 1st South #704 - to allow a short-term rental in the MDR1(Medium Density Residential 1 Zone , per the Rexburg Development Code Ordinance No. 1115 with the two conditions recommended by the Planning & Zoning Committee: 1. There shall be a management plan that shall be approved by city staff. 2. The Conditional Use Permit shall expire upon transfer and selling of property Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Council Member Mann thinks there should be some parameters for future CUP requests. Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Benfield Council Member Mann Council Member Busby The motion carried B. Comprehensive Plan Map Amendments – City of Rexburg Resolution 2017-04 Area 1 – South Yellowstone specified area – Neighborhood Commercial /Mixed Use and Commercial TO Moderate-High Density Residential 9 Attorney Zollinger presented on the area at South Yellowstone to be amended. This is a city sponsored request in order to do the whole area at once instead of one lot at a time. The north piece on Trejo would stay commercial. Council Member Busby raised concerns about traffic. Attorney Zollinger said the traffic study that was done anticipated the higher density in that area. A road would eventually go through the entire property. There would not be any additional railroad crossings. RESOLUTION FOR AMENDING VISION 2020 REXBURG COMPREHENSIVE PLAN MAP Resolution 2017 - 04 WHEREAS, on the 5th day of April, 2017, the City Council for the City of Rexburg was duly convened upon notice properly given and a quorum was duly noted; and WHEREAS, in a Rexburg Planning and Zoning Commission meeting on the 16th day of March, 2017, the Planning and Zoning Commission held a public hearing, taking public comment for and against the proposal to amend the Comprehensive Plan Map. The public hearing ended with a unanimous vote to recommend the proposed Comprehensive Plan Map change to City Council; and WHEREAS, in a subsequent City Council meeting on the 5th of April, 2017, the City Council reviewed the findings from the Planning and Zoning Commission’s Public Hearing held on the 16th of March, 2017; and WHEREAS, a comprehensive plan is a living document; an ongoing planning participation effort by the citizens of the community is encouraged to ensure changing conditions meet the needs of the community; and WHEREAS, proposed changes to comprehensive plan map can change land use designations; and WHEREAS, the following approved Land Use designation changes to the Comprehensive Plan Map from Neighborhood Commercial/Mixed Use and Commercial to Moderate-High Density Residential at approximately South Yellowstone Hwy in the City of Rexburg, Madison County, Idaho and more particularly described as follows: Legal Description: Commencing at the NW corner of Lot 2 Block 1 of Pioneer Village Final Plat, thence East along said Lot line 260 feet more or less to the NE corner of said Lot, thence North 837 feet more or less to the Southwest corner of the Final 10 Plat of the Riverwoods Townhomes, thence East 600 feet more or less to the SE corner of said p lat, thence North 152 feet more or less to the NE corner of said plat also being the NW corner of Lot 7 Block 2 of Westates Subdivision No. 1, thence in an Easterly direction along a curve following the North line of said Lot 7 approximately 525 feet to wh ere North line of said Lot intersects the railroad right of way, thence in a Southwesterly direction along the West side of the Railroad Right of Way approximately 2127 feet to where it intersects with Pioneer Road Right of Way and parcel RPRXBCA0259306, thence North approximately 362 feet along said parcel line to where it intersects with the SE corner of Lot 3, Block 1 of Pioneer Village Final Plat, thence West along the South Lot line to the SW corner of said Lot, thence following a curve in a northwesterly direction along the Lot line and Pioneer Road Right of Way 469 feet more or less to the point of beginning; and WHEREAS, the changes shown on the Comprehensive Plan Map dated April 05, 2017 have been approved by the City Council; NOW THEREFORE, by resolution duly adopted on the date first above written, be it resolved by the Mayor and the City Council the following: The City of Rexburg does hereby accept and adopt the said Comprehensive Plan Map Land Use Designations in the City of Rexburg Vision 2020 Comprehensive Plan. RESOLVED this 5th day of April, 2017; by the City Council, City of Rexburg, Idaho. Planning & Zoning Public Hearing from March 16, 2017 Area 1 - motion Greg Blacker motioned to recommended approval to City Council of a Com prehensive Plan Map Amendment Change for the Area 1, South Yellowstone Highway,as specified , to change from Neighborhood Commercial/Mixed Use and Commercial to Moderate-High Density Residential as presented . John Bowen seconded the motion. None opposed. Motion carried. Council Member Flora moved to amend the Comprehensive Plan Map and approve Resolution 2017-04 Area 1 – South Yellowstone Highway specified area – From Neighborhood Commercial/Mixed Use and Commercial to Moderate-High Density Residential; Council Member Mann seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Benfield Council Member Mann Council Member Busby The motion carried Resolution 2017-05 Area 2 – West Main specified area – Low-Moderate Density Residential and Moderate-High Density Residential TO Neighborhood Commercial/Mixed Use Attorney Zollinger presented on the West Main area that has been referred to as an overlay zone. Overlay zones are poorly received by legal departments because it creates zoning through administration rather than through zoning. The request is to re-designate this area into Mixed Use (MU). This allows the same activities but is managed through the zoning ordinance rather than the overlay administration. 11 RESOLUTION FOR AMENDING VISION 2020 REXBURG COMPREHENSIVE PLAN MAP Resolution 2017 - 05 WHEREAS, on the 5th day of April, 2017, the City Council for the City of Rexburg was duly convened upon notice properly given and a quorum was duly noted; and WHEREAS, in a Rexburg Planning and Zoning Commission meeting on the 16th day of March, 2017, the Planning and Zoning Commission held a public hearing, taking public comment for and against the proposal to amend the Comprehensive Plan Map. The public hearing ended with a unanimous vote to recommend the proposed Comprehensive Plan Map change to City Council; and WHEREAS, in a subsequent City Council meeting on the 5th of April, 2017, the City Council reviewed the findings from the Planning and Zoning Commission’s Public Hearing held on the 16th of March, 2017; and WHEREAS, a comprehensive plan is a living document; an ongoing planning participation effort by the citizens of the community is encouraged to ensure changing conditions meet the needs of the community; and WHEREAS, proposed changes to comprehensive plan map can change land use designations; and WHEREAS, the following approved Land Use designation changes to the Comprehensive Plan Map from Low – Moderate Density Residential and Moderate – High Density Residential to Neighborhood Commercial/Mixed Use at approximately West Main Street in the City of Rexburg, Madison County, Idaho and more particularly described as follows: Legal Description: Beginning at the NW corner of Lot 3 Block 28 Rexburg Original Town site said point being the point of beginning, thence East approximately 223 feet, thence South approximately 163 feet , thence East 683 feet more or less to the SE corner of Parcel RPRRXB10294471, thence North 15 feet more or less said to NW corner of said parcel, thence East 213 feet more or less to Northeast corner of Parcel RPRRXB10294462, Thence North along said parce l 13 feet more or less to NW corner of Parcel RPRRXB10294160, Thence East 124 feet more or less to NE corner of Parcel RPRRXB10294140, thence North 22 feet more or less to NW corner of Parcel RPRRXB10294091, Thence East 245 feet more or less to where it intersects Parcel RPRRXB10303790, Thence North approximately 120 feet to the NW corner of parcel RPRRXB10303070, thence East along said parcel 150 feet more or less to NE corner of said parcel, thence South 396 feet more or less to the intersection of the centerline of Main Street, thence West approximately 398 feet along centerline, thence South 66 feet more or less to the NE corner of Parcel RPRRXB10420060, thence continuing South approximately 169 feet to the SW corner of Parcel RPRRXB10420970, thence Eas t approximately 12 feet to the NW corner of parcel RPRRXB10422170, Thence South along said parcel 117 more or less to the SW corner or said parcel, thence West 12, thence South 10 feet, thence West 182 feet more or less to the NW corner of Parcel RPRRXB10423140, thence North 10 more or less to the NW corner of Lot 4, Block 42, thence West approximately 760 feet to the SW corner of Lot 1 Block 43, thence North approximately 330 to NW corner of said Lot, thence West 298 feet more or less to the NW corner of Lot 1 Block 1 of Courtyard Addition Div. 1, thence North 463 more or less to the point of beginning; and WHEREAS, the changes shown on the Comprehensive Plan Map dated April 05, 2017 have been approved by the City Council; NOW THEREFORE, by resolution duly adopted on the date first above written, be it resolved by the Mayor and the City Council the following: The City of Rexburg does hereby accept and adopt the said Comprehensive Plan Map Land Use Designations in the City of Rexburg Vision 2020 Comprehensive Plan. RESOLVED this 5th day of April, 2017; by the City Council, City of Rexburg, Idaho. Planning & Zoning Public Hearing from March 16, 2017 Area 2 - motion Mark Rudd motioned to recommend approval to City Council of a Comprehensive Plan Map Amendment change for the Area 2, West Main area as specified, from Low-Moderate Density Residential and Moderate- High Density Residential to Neighborhood Commercial/Mixed Use as presented. Melanie Davenport seconded the motion. None opposed. Motion carried Council Member Mann moved to amend the Comprehensive Plan Map and approve Resolution 2017-05 Area 2 – West Main specified area – From Low-Moderate Density Residential and Moderate-High Density Residential to Neighborhood Commercial/Mixed Use; Council Member Smith seconded the motion; Mayor Merrill asked for a vote: 12 Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Benfield Council Member Mann Council Member Busby The motion carried C. Ordinance 1159 – Amending Development Code Ordinance 1115 which includes Two Zone Changes – City of Rexburg - proposed amendments to the document concerning substantive and non-substantive items: Chapter 2: Definition of Pedestrian Emphasis District (PED): PED 1 Area One which may allow 6% visitor parking stalls per number of beds for up to 99 beds; and 3% visitor parking stalls per number of beds for 100 or more beds. PED 2 Area Two which may allow parking to be reduced to 6% visitor parking stalls per number of beds. These minimum visitor parking requirements in PED Area One and PED Area Two may be reduced through the (PED) Conditional Use Permit (CUP); this may not be changed for a period of two years. Chapter 3: Change permitted uses in LDR2, and LDR3 to allow duplexes and twin homes. Sections 3.5.20.b & 3.6.020.b Permitted Uses “For Twin Homes and Duplexes, a review is required that addresses neighborhood compatibility for parking, screening, lighting, landscaping or other concerns to be approved by the Community Development Director or Designee.” Add a CUP (Conditional Use Permit) for Dormitory Housing, Fraternity, and Sorority housing in HDR1, HDR2, and Dormitory Housing in the MU Zone. 3.15 Delete NBD Neighborhood Business District (NBD) and rezone to Central Business District (CBD). 3.17.020. Permitted uses in Central Business District (CBD) to include: Vacation Rentals, Miscellaneous business services, Liquor, package Antiques and second-hand merchandise (indoor only, except second-hand auto parts, junk dealers and salvage operations, Miscellaneous service organizations, Nursery Schools, Day Care Centers, Entertainment and assembly including legitimate theater, Motion picture theaters (indoor), Public assembly, Coin-operated amusements, Indoor Miniature golf, Dance halls, ballroom, Billiards and pool halls, Bed and Breakfast Inn above the ground floor (attached to commercial or other non-residential use). 3.17.025. CBD Conditional Uses: Allow dwellings on the first floor, Drop-in Daycare, Minor assembly and other innocuous manufacturing. 3.23. Delete (PO) Professional Office Zone and rezone to Mixed Use (MU). Chapter 5 Section (5.5) Parking Plan (V) Require all parking areas, aisles and driveways shall be surfaced with asphalt or concrete. Asphalt is not allowed for sidewalks crossing driveways and for the driveway approach between the street and the sidewalk (see Rexburg Engineering Standards}. Asphalt or concrete is not required for storage areas or storage facilities when an improved and maintained gravel surface is provided (see Rexburg Engineering Standards), as long as the following three (3) requirements are met. 1. Provide a sixty (60) foot minimum long concrete or asphalt access driveway between the afore mentioned lot and the public right-of-way. 2. Provide a forty by twelve (40x12) square foot loading space (as per 5.4 without regards to overall building size} directly in front of any and all fully enclosed storage units/spaces or any interior entrance to a series of fully enclosed units/spaces. 3. Provide ample dedicated off street parking separate from the storage area. Chapter 5 Section (5.8) Table 3 Required Number of Spaces: All Dormitory housing located in all applicable Zones will require a Conditional Use Permit (CUP); the Pedestrian Emphasis District (PED) and seeking reduced parking requirements is subject to a Conditional Use Permit CUP. Chapter 5.8 TABLE 3 – Required Number of Spaces: Remove Boarding Houses; Add new heading: Short Term Rentals (Boarding House and Bed and Breakfast) require two parking spaces for Owner/Manager plus one parking space per bedroom. Chapter 9 Section (5.10): Landscaped front yards and other required buffer yards shall be delineated from parking areas by high-back curbing that will further discourage parking in the front yard. If the building location is approved by a Conditional Use Permit with a reduction in the front yard setback up to fifteen (15) feet; then the 20% landscaping requirement may be reduced down to as little as 10% upon approval of the Community Development Director. Council Member Busby asked where the Central Business District is. He noticed there are a lot of uses that can go there. He pointed out that there could be a used car lot next to a bed and breakfast. Director Christensen explained that the use changes are not new; they were under Conditional Use Permit before so the task force went through the conditional use items and decided which ones needed to stay as conditional use and which ones could be put over into permitted use. 13 These are uses that they didn’t feel needed a public hearing. He indicated that someone could have a used car lot next to a bed and breakfast. Council Member Busby pointed out that it states a recycling yard could even go there. Director Christensen admitted this could be an oversight. This will need to be corrected before the second reading. Attorney Zollinger indicated that they would need to clarify the businesses allowed in Commercial Business Districts and present the ordinance again with the amendments for the second reading. Council Member Busby asked about liquor stores next to daycares. Attorney Zollinger explained that sealed bottle sales are allowed next to schools and daycares but not bars where alcohol is consumed on the premises. Council Member Busby asked if the City has an ordinance that restricts adult oriented theaters. Attorney Zollinger said yes, the City does have restrictions on where such an establishment can be located. It is very limited in the City of Rexburg where you can put sexually oriented businesses. Discussion about duplexes being allowed in LDR2 zones with a Conditional Use Permit. Council Member Busby moved to approve Ordinance 1159, Amending Ordinance 1115 - Development Code Ordinance which includes two zone changes: delete Neighborhood Business District (NBD) and rezone to Central Business District (CBD) and delete Professional Office Zone (PO) and rezone to Mixed Use (MU), and other proposed changes as discussed knowing that some changes will be made to the allowable businesses in the CBD Zone, and consider it first read; Council President Smith seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Benfield Council Member Mann Council Member Busby The motion carried Discussion: Calendared Bills and Tabled Items: A. “LAND USE ACTION” – Bills Recommended/Approved in a Land Use Public Hearing Procedure (Recommend Suspension of the Rules): – NONE B. BILL Introduction: – NONE C. First Read: 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 Mayor’s Business: 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. A. Minutes from March 15, 2017 meeting B. Approve the City of Rexburg Bills 14 C. Approve Spring Yard Waste Clean-up Dates for April 10th to May 1st, 2017 Council Member Smith moved to approve the Consent Calendar containing the minutes and city bills and spring clean-up dates; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Council Member Busby abstained from the vote as he was not present at the March 15th meeting. Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Benfield Council Member Mann The motion carried Executive Session - Per Idaho State Statute 74-206(a) to discuss personnel issues and 74-206(j) to discuss labor contracts. Council Member Busby moved to go into Executive Session per Idaho State Statute 74-206(a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; and per Idaho State Statute 74-206(j) To consider labor contract matters authorized under section 67-2345A [74-206A](1)(a) and (b), Idaho Code; Council Member Benfield seconded the motion; Mayor Merrill asked for a roll call vote: Those voting aye Those voting nay Council President Smith None Council Member Flora Council Member Benfield Council Member Mann Council Member Busby The motion carried Council moved into Executive Session at 8:09 p.m. Executive Session ended at 9:05 p.m. Adjournment 9:05 p.m. APPROVED: ____________________________ Jerry Merrill, Mayor Attest: _______________________________ Mary Flanary, Deputy City Clerk