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HomeMy WebLinkAboutCouncil Minutes - April 03, 2019 1 Mayor Jerry Merrill Council Members: Christopher Mann Jordan Busby Mikel Walker 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 Deborah Lovejoy – City Clerk 6:30 P.M. City Hall Joel Virga said the prayer. Sullivan Carter led the pledge. Roll Call of Council Members: Attending: Council Member Flora, Council Member Mann, Council Member Busby, Council Member Walker, Council Member Wolfe, Council President Smith and Mayor Merrill. 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. Mayor’s Report: Madison Middle School 4th Graders from Mrs. Barton’s Class Presentation – Water Conservation Project. Mr. Ferguson asked each fourth grader to say their part and state their names for the Water Conservation Project Presentation. A video regarding water conservation was shown on the overhead screen. The video explained daily uses and ways to conserve water. Mayor Merrill mentioned him and City Parks Director, Greg McInnes discussed the flowers planted on Center Street. He said they are removing some of the plants from the planters to make room for the drought resistant plants. BYU-Idaho is currently growing the drought resistant plants in their greenhouse. He invited the fourth graders to attend the Rexburg Days Event on May 15th at four o’clock to help plant the drought resistant plants. Mayor Merrill explained the purpose of the Wyland National Mayor’s Challenge for Water Conservation and the reason why the city decided to join the challenge. There is no cost to the city or residents that join the Mayor’s Challenge. The process of registering for the Mayor’s Water Conservation Challenge and making a pledge to conserve water was reviewed on the overhead screen. Mayor Merrill encouraged all of the city residents to register for the challenge. The website where residents can register at is mywaterpledge.com. When the residents register for the challenge they are asked to select a charity in their city that they prefer. The city that wins the challenge gives the charities they selected an opportunity to win a 2019 Toyota Highlander hybrid vehicle. The charities selected by the residents would write a statement of how they plan to use the vehicle for the betterment of the charity. The foundation committee would than judge the statements submitted to determine which charity best deserves to be awarded the vehicle. 35 North 1st East Rexburg, ID 83440 Phone: 208.359.3020 x 2101 Fax: 208.359.3022 deborahl@rexburg.org www.rexburg.org City Council Minutes April 03, 2019 2 Mayor Merrill asked the city residents to get the word out about the challenge on their social media accounts. The pledge helps further our city’s goal of rebuilding the Snake River Plain Aquifer, the most precious resource for the future of our region. The challenge is also in line with other conservation and money saving ideas the city has implemented such as; switching the city street lights and city building lights to LED lighting. The city is also considering some alternative energy sources to provide more of the power needed to run the city pumps. He said the city spends about $360,000 a year on energy cost to pump water for the city services. A. Resolution 2019 – 07 Wyland Mayor’s Water Conservation Challenge Mayor Merrill read Resolution 2019 – 07 Wyland Mayor’s Water Conservation Challenge. RESOLUTION IN SUPPORT OF THE WYLAND MAYOR’S CHALLENGE FOW WATER CONSERVATION Resolution 2019 - 07 WHEREAS, the City of Rexburg, the region of Madison County, and the state of Idaho continue to explore ways to manage residential consumption of water and power, and to inspire its residents to care for our natural resources; and WHEREAS, cities can engage in efforts to inspire their own communities, as well as their neighboring cities, to become better environmental stewards; and WHEREAS, the eighth annual National Mayor’s Challenge for Water Conservation presented by the Wyland Foundation and Toyota, with support from the U.S EPA WaterSense, The Toro Company, National League of Cities, Conserva Irrigation, EcoSystems, Inc., and Earth Friendly Products (makers of ECOS), is a non-profit challenge to residents to encourage pollution reduction and smart water use; and WHEREAS, with the encouragement of their Mayors, residents may register their participation in their city's Challenge, online, by making simple pledges to decrease their water use and to reduce pollution for the period of one year, thereby assisting their cities to apply State and Federal water conservation strategies and to target mandated reductions; and WHEREAS, from April 1- 30, 2019, the City of Rexburg wishes to inspire its residents and its neighboring communities to take the "Wyland Mayor's Challenge for Water Conservation" by making a series of online pledges at mywaterpledge.com to reduce their impact on the environment and to see immediate savings in their water, trash, and electricity bills; NOW, THEREFORE, THE MAYOR AND CITY COUNCIL MEMBERS OF THE CITY OF REXBURG, IDAHO, DO HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS: SECTION 1. That the City of Rexburg agrees and supports the "Wyland Mayor's Challenge for Water Conservation" emphasis. SECTION 2. That the program is to be implemented from April 1- 30, 2019, through a series of communication and outreach strategies, whether new or existing, to encourage Rexburg residents to take the conservation "Challenge." SECTION 3. That this resolution shall be effective immediately. BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of the City; and shall make a minute of the passage and adoption thereof on the records of the proceedings of the City Council for the meeting at which the same is passed and adopted. DATED the 3rd day of April, 2019; by the City Council, City of Rexburg, Idaho. ________________________________ SIGNED BY: Jerry Merrill, Mayor ________________________________ ATTEST: Deborah Lovejoy, City Clerk 3 Council Member Busby moved to approve Resolution 2019-07 - Wyland Mayor’s Water Conservation Challenge; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Wolfe Council Member Busby Council Member Walker Council President Smith The motion carried Mayor Merrill reported he and Council Member Walker attended a cloud seed meeting. He said at the meeting, they explained how the cloud seeding process works. Idaho Power has hired scientist to study weather patterns to determine when a storm is moving into an area because in order to cloud seed there needs to be storm clouds present. When a storm cloud is present, they use a structure to shoot silver iodide crystals into the air and the wind carries the crystals into the clouds. The iodide helps the clouds to drop about 6% more moisture than they would drop without the iodide. Mayor Merrill explained there is a level for when they need to suspend the cloud seeding; it’s called the Surface Water Supply Index (SWSI). Surface water includes water in the rivers and reservoirs. The surface water level is at a level that they do not need to cloud seed because it could cause flooding. There is a delicate balance between having sufficient and too much surface water. The last three years the region has exceeded its set goals to recharge the aquifer. Presentations: A. Brenda Miller – 145.5 Church St, Newdale, ID – concerns about planters on Center St. Ms. Miller said there is a problem on Center Street with the concrete planters. The planters are sticking out too far into the curb and causing damage to vehicles. Her vehicle was damaged by one of the planters. She said she met with Public Works Director Davidson and City Attorney Zollinger on Center Street to show them the problem with the planters. Some of the damage to the planters included: chipped off corners, tire treads and striking of paint caused by cars hitting the planters. Ms. Miller indicated they discussed possible solutions to correct the problem with the planters such as; the curb can be brought out further away from the planters. The corners of the planters can be cut or signage stating the planters are too close to the curb can be added. She said the planters are causing major damage to vehicles. The planter box in front of Beehive Credit Union is causing the worst damaged because there is more traffic. When someone goes to park on Center Street and they park right up to the curb their car is going to hit the corner of the planter. Ms. Miller mentioned when she hit the planter box in front of the yellow apartments she called the police department and Officer Wheeler responded to her call. She gave City Council the police report of the damage to her vehicle. Mayor Merrill explained in the master plan for Center Street the planters were designed to be in a diamond shape for aesthetic purposes. The city has discussed possible solutions to correct two of the planter boxes. He said he has watched people park in front of the planter boxes and most of them park about a foot from the curb to avoid hitting the planters. He thanked Ms. Miller for reporting the issues with the planters. Staff Reports: Finance: - Matt Nielson Finance Officer Nielson said he did not have anything to report. 4 Council Member Busby asked about the donated property by the Steiner family for a city park. He questioned if the city is going to start the removal of the house this year. Mayor Merrill indicated the city doesn’t have plans for the park this year because the costs are not in the budget. The property owner also requested time to be able to sale the house and to have it moved. Council Member Busby said to his understanding the house has been sold and asked who is going to maintain the property. Mayor Merrill said the agreement states as long as there are animals on the property the owner will maintain the property. Mayor Merrill mentioned Council Member Flora is working on a plan to improve all of the city parks and maybe help with the creation of a destination park on the property donated by the Steiner family. Public Works: - Keith Davidson 1. SKM Engineering Agreement for Wastewater Collection SCADA System. Public Works Director Davidson reported the city has received the SKM Engineering Agreement for the wastewater collection SCADA system. He reviewed the cost of the phases for the system. Council Member Flora asked how much was budgeted for the system. Public Works Director Davidson said the amount budgeted was $200,000. Council Member Flora asked if the electrical work for the SCADA system is going to cause the project to go over budget. Public Works Director Davidson replied yes, the electrical work needed for the system will cause the project to be over budget slightly. 5 Council Member Flora moved to approve the SKM Engineering Agreement for the Wastewater Collection SCADA System; Council President Smith seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Wolfe Council Member Busby Council Member Walker Council President Smith The motion carried 2. 2019 Slurry Seal Bid Acceptance. Public Works Director Davidson reported the city received three bids for the 2019 Slurry Seal project. Morgan Pavement was the low bid for the project at $114,855. Council Member Busby questioned the amount of roads that will be slurry sealed. Public Works Director Davidson explained the city will seal the new roads that were constructed the previous year. The main road that will be slurry sealed is 2nd east and some low volume roads that are in need of the seal. He said the city’s main roads will need a rock chip seal. Council Member Busby asked about the difference between the slurry seal and rock chip seal. Public Works Director Davidson explained the differences between the two processes. The slurry seal uses a smaller aggregate, the oil takes a couple of hours to set before the road is opened to traffic and the finish is smoother. A chip seal process takes longer because the oil is applied to the road the chips are then spread out onto the road, vehicle traffic on the road helps to set the chips. Mayor Merrill said he has seen patches of chip seal that have not adhered to the road. He questioned if that happens because the seal is applied when it is too cold outside. Public Works Director Davidson replied no the seal is being applied during the correct season. He said it may be a mechanical issue when the roads are being plowed. The plows apply pressure to the road with the blade to clear the snow causing scraping of the chip seal. Public Works Director Davidson explained the life of the road is about 20 years before it needs to be completely reconstructed. The slurry seal and chip seal help with nursing the roads because there aren’t sufficient funds to reconstruct the roads every twenty years. Council President Smith mentioned the temporary traffic lines on Yellowstone Hwy and University Boulevard have come off the road. Public Works Director Davidson said the Street Department is waiting for the road to dry from the rain to re-stripe the traffic lines. Council Member Walker said without the traffic lines the intersection is very confusing and asked for a time frame of when the traffic lines will be painted. Public Works Director Davidson said it is dependent on the weather. He would prefer to chip seal and then stripe the road; however, he understands the traffic lines need to be painted as soon as possible. 6 Council Member Busby moved to award Morgan Pavement the low bid of $114,855 for the 2019 Slurry Seal Project; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Wolfe Council Member Busby Council Member Walker Council President Smith The motion carried 3. 7th S Reconstruction Bid Acceptance. Public Works Director Davidson reported on the 7th South reconstruction bid. The project is funded by a grant from the State’s Surplus Eliminator. Depatco was the low bid at $426,635. Council Member Busby asked if the road will be crowned to keep the water and melting snow off the road. He also asked how much roadway will be covered by the reconstruction grant. Public Works Director Davidson said the reconstruction will cover a 12 block area from 2nd West to 2nd East. The bid came in less than the amount of the grant. He is visiting with the state to extend the roadway area. Council Member Busby asked about the time frame for the project. Public Works Director Davidson said the project will start in the summer and hopefully be completed within seven weeks. Council Member Busby asked if the state allows for the project to be extended how much more roadway will be added. Public Works Director Davidson said the project would be extended to the west with a chip seal after the reconstruction and a thermal plastic for the crosswalks. 7 Council Member Wolfe moved to award DePatco the low bid of $426,635 for the 7th South Reconstruction Project; Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Wolfe Council Member Busby Council Member Walker Council President Smith The motion carried 4. University Blvd & S Yellowstone Hwy Signal Upgrade Bid Acceptance. Public Works Director Davidson reported on the University Boulevard and South Yellowstone Hwy Signal Upgrade. Mountain West was the low bid at $144,000. Council Member Walker questioned the difference in amounts between both bids. He asked if the low bid may have missed some items. Public Works Director Davidson said the numbers check out with Mountain West. Council Member Busby asked about the additional items that need to be installed on the signal. Public Works Director Davidson said the plan is to install pedestrian push buttons and crosswalk heads. They will also be re-installing a signal pole and a longer arm mast. The arm mast on the southwest corner is the arm that is being replaced with a new cabinet control panel. Council Member Walker moved to award Mountain West the low bid of $144,000 for the Signal Upgrade Project on University Boulevard and South Yellowstone Hwy; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Wolfe Council Member Busby Council Member Walker Council President Smith The motion carried 8 5. Surplus Items – Grader and Backhoe. Public Works Director Davidson reported on the grader and backhoe that need to be surplus. There is budget money to purchase a new backhoe. The grader has some issues that are being checked on, the estimated cost for the repairs is about $20,000. Council Member Busby asked if there are any issues with the backhoe. Public Works Director Davidson said there aren’t any mechanical issues with the backhoe. The Street Department doesn’t favor the use of this particular backhoe. The backhoe has value and can be sold and or traded. He has received bids for the backhoe of about $98,000 making the cost of getting into a new backhoe about $30,000. Discussion regarding the state and national procurement programs. Council President Smith moved to approve the Surplus of the City Volvo Grader and Cat Backhoe; Council Member Mann seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Wolfe Council Member Busby Council Member Walker Council President Smith The motion carried Council Member Mann mentioned East of Main Street between Walgreens and Madison Memorial Hospital; there are potholes that need to be patched. Public Works Director Davidson said the Street Department is trying to purchase oil for the DuraPatch machine to fill the remaining potholes. The city normally purchases the oil from Madison County; however, they are out of oil. Public Works Director Davidson said the city doesn’t have a tank to store the oil. Council Member Flora expressed her appreciation for the Public Works Department. They worked really hard to bid out the street projects early this year. She mentioned several potholes on7th South that need to filled. Council Member Flora asked about the engineering firm that worked on the roundabout. The traffic gets backed up at the roundabout and wondered if the engineer considered making it two lanes. Public Works Director Davidson said the engineer reviewed the traffic impact study and projections. The engineer modeled the roundabout through modeling software. The studies indicated if the roundabout was built out to two lanes it would have been an over build. Council Member Busby asked about the old light poles along the Yellowstone Hwy. He wondered if there are plans to remove the light poles. Public Works Director Davidson explained the power company will remove the old light poles. Sometimes they have to wait until the frost in the ground has thawed before they can remove the poles. Council Member Busby asked if there are plans to move the concrete partitions on Yellowstone Hwy. Public Works Director Davidson replied the partitions will be removed once the light pole is removed. 9 Community Development: - Bret Stoddard 1. Monthly Valuation Report Building Official Stoddard reviewed the monthly valuation report from March 1st – March 31st. He said as the ground begins to thaw the construction work begins. There is a total of 17 new building permits and previous year permits. The previous years permits were submitted in that year and are now moving forward. Council President Smith asked about the Dish Network building in the business park. Building Official Stoddard said the Dish Network building is to the north of JRW Associates. She questioned if the Dish Network is using the three parcels. Building Official Stoddard replied yes, the Dish Network is using all three parcels. The build is large at 19,000 square feet; it will have a basketball court and be used to recruit employees for summer sale. Public Hearings: NONE Items for Consideration: A. Resolution 2019 – 06 Comprehensive Plan Map Amendment #19-00096 various public owned properties to Public Facilities (FS) – Stephen Zollinger City Attorney Zollinger explained the Planning and Zoning Commission had discussion regarding the public facilities that are being built around the community. Some of the properties have not been designated as public lands. They are still zoned in the zone that surrounds them that created some issues that weren’t anticipated. City Attorney Zollinger said the Planning and Zoning Commission’s recommendation is to amend the Comprehensive Plan Map by resolution to identify the public facilities within the City of Rexburg as public facilities in the Comprehensive Plan Map. City Attorney Zollinger mentioned some the public facilities include: School District, City and County properties such as; the golf course, airport, parks, and hospital properties visible on the map. 10 Council Member Busby moved to approve Resolution 2019-06 Comprehensive Plan Map Amendment various public owned properties to Public Facilities; Council Member Flora seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Wolfe Council Member Busby Council Member Walker Council President Smith The motion carried B. Final Plat Founders Square Division 2 #19-00094 – Stephen Zollinger City Attorney Zollinger reviewed the staff report for the final plat for Founder Square Division 2. The applicant is looking to transition some of the lots into zero lot line lots. The code allows the 11 zero lot lines in the particular zoning that they have. The zero lot line means instead of having two completely separated homes they could have twin homes; it has no net effect on the density. The staff review doesn’t indicate any issues with the Final Plat for Founder Square Division two. Mr. Dyer said he is the engineer of record for the Founders Square Subdivision. The developers of the subdivision are from Jackson, Wyoming. A map of the subdivision was viewed on the overhead screen. 12 Mr. Dyer explained the size of the subdivision is 35.8 acres with a total of 109 lots and considered a master Plan Unit Development. Phase One has been platted and in the process of being developed. In 2008 the plan was to build subsequent phases; however, due to the economy’s downturn it has taken longer than expected. Stewart Sugarman and Bill Collins from Jackson, Wyoming are the developers and are ready to move forward with phase two. There are seven lots in phase two and they are in accordance with the master plan. When the Sky Meadows Subdivision south of Founders Square was built; it was necessary to install all of the utilities and build the street in front of phase two. Mr. Dyer said the lots in phase two of the development are ready to be placed on the market upon the approval of the final plat. As noted there are seven lots that are in accordance with the approved master plan. Mr. Dyer said they are respectfully seeking approval of the Founders Square Phase Two Final Plat as the next step in implementing the approved master plan for this Planned Unit Development. Council Member Busby noted the map that was shown is not an updated map because there are more homes built in Founders Square than what the map shows. Mr. Dyer said the map shown is the most current map on google earth. The developers have been selling the lots to builders. The builders have been building either spec or custom homes on the lots. City Attorney Zollinger mentioned every lot with the exception of the two areas on the left and right of the property were sold during phase one. He said Kartchner Homes has been purchasing the lots and building homes on them. Council Member Mann expressed his appreciation for the developers and their efforts in keeping up with the maintenance of the park and undeveloped property even when there was only one home built on the property. Mr. Dyer said even though the development has taken 11 years to complete the developers remained responsible in keeping up with the maintenance of the property. Council Member Wolfe moved to approve the Final Plat for Founders Square Division Two; Council Member Walker seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Wolfe Council Member Busby Council Member Walker Council President Smith The motion carried 13 C. Ordinance No 1211 – Repeal and Replace Ordinance No 968 - City Parks Rules and Regulations – to include a “No Nicotine” regulation in parks. City Attorney Zollinger said there have been discussions regarding regulating nicotine products in the city parks and other modifications; however, it was decided to not move forward with the other changes. The ordinance amendment would prohibit the use of all nicotine products in the park. The enforcement of this ordinance will not be aggressive; it will be based on complaints and observations. If a police officer sees someone throwing a cigarete end on the ground they will approach them to inform them of the prohibition of nicotine in the park. Council President Smith asked if it would be prudent to add to the ordinance under the animals section that the owner of the animal is responsible to clean up after their pet. City Attorney Zollinger said when it comes to managing animal waste; it was determined that the issue would be better addressed at the time of providing the animal owner with a facility to which they could take their animal. The city is working on providing this type of facility. The area is not as remote as some of the other locations the city has considered. The city is working on clarifing ownership of the area. Council President Smith said regardless if there is a designated facility the animal owner will still take their pets to city parks. City Attorney Zollinger said there is a state code and city ordinances that covers any animal in a person’s charge deposits and leaves something whether it be a gum wraper, tobacco or other substances is considered litering. The litering statute is very broad and it allows the city to address people under that particular charge. The city’s general dog ordinance address the issue as well. Council Member Busby asked if there are clean up stations with bags for animal waste in the city parks. City Attorney Zollinger indicated there were stands designed for animal waste clean up; however, by the end of each week what was left was a box full of bags and a park full of dog waste. The goal is to create a space designated for dogs and to direct the owners to that location. The clean up stations will be provided at that designed location. Council Member Busby asked if the change to the ordinance was due to citizen complaints. Mayor Merrill said there were occasional citizen complaints; however, the Health Department is experienceing issues with industries coming out with new ways of smoking such as vaping. Council Member Mann mentioned the State of Utah became the sixth state in the nation to raise the age to purchase tobacco to 21 years of age. Council Member Walker moved to first read Ordinance No 1211 to Repeal and Replace Ordinance No. 968 - City Parks Rules and Regulations – to include a “No Nicotine” regulation in city parks; Council Member Mann seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Wolfe Council Member Busby Council Member Walker Council President Smith The motion carried 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. Second Reading: Those items which have been first read: 1. Ordinance No. 1209 – Amend the Compensation Benefits Package for Mayor and City Council. Mayor Merrill mentioned he reviewed a survey collected from different cities around the state regarding the salary for city elected officials. The survey indicated a veriation of compensation 14 salaries. The Rexburg’s Mayor and Council positions are under compensated compared to cities of similar size; however, it also showed the same amount of compensation as other cities. He believes the compensation benefits for Rexburg’s elected officials is average not too low or high when compared to other cities. Council Member Busby moved to second read Ordinance No. 1209 to Amend the Compensation Benefits Package for Mayor and City Council; Council Member Wolfe seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Busby Council Member Wolfe Council Member Walker Council President Smith The motion carried C. Third Reading: Those items which have been first read: NONE Mayor’s Business: Mayor Merrill reported the city is visiting with different companies regarding the city’s power needs. The companies specialize in solar power and power generating options. There is a possiblity that solar power could be used to heat the pool at Rexburg Rapids. The solar power could also be used to power wastewater treatment plant and other city buildings. There may be some grants available for the solar panels from Rocky Mountain Power. The grants could pay for the installation of the panels. Mayor Merrill thanked Domonic Abril and Bret Sampson who represent BYU-Idaho University for attending the meeting. 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 20th, 2019, meeting B. Approve the City of Rexburg Bills Council Member Flora moved to approve the Consent Calendar containing the minutes and city bills; Council President Smith seconded the motion; Mayor Merrill asked for a vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Busby Council Member Wolfe Council Member Walker Council President Smith The motion carried City Attorney Zollinger asked for an Executive Session at the end of the meeting per Idaho State Statute 74-206 (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 15 litigated but imminently likely to be litigated. The mere presence of legal counsel at an executive session does not satisfy this requirement. Council Member Busby moved to go into Executive Session per Idaho State Statute 74-206 (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 Walker seconded the motion; Mayor Merrill asked for a roll call vote: Those voting aye Those voting nay Council Member Flora None Council Member Mann Council Member Wolfe Council Member Walker Council President Smith The motion carried Executive Session: 8:04 P.M. Executive Session ended: 8:41 P.M. Adjournment 8:41 P.M. APPROVED: ________________________________ Jerry Merrill, Mayor Attest: _____________________________ Marianna Gonzalez, Deputy City Clerk