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12202012CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, DECEMBER 20, 2012 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, DECEMBER 20, 2012 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Coletti Prayer – Councilmember Thompson MINUTES: October 11, October 18, November 1, November 8, November 15, November 29, 2012 ITEMS FROM MAYOR: CONSENT AGENDA: Business License Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: None ACTION ITEMS: 1.Rezone and Comprehensive Plan change Request – R-1 to R2-A – Portion of Oakridge Subdivision: 2.Rezone and Comprehensive Plan change Request – PB and R1-A to C-1 – Un-platted Property – North of Future John Adams, West of Ammon Road: 3.Policy and Procedure 50-002 Private Road Maintenance and Acceptance Standards: 4.Resolution 2012-018 - Adopting Policy and Procedure 50-002 Private Roads: 5.Private Road Agreement – Cottonwood Hills HOA and Cottonwood Hills, LLC: 6.Hawks Landing Snow Removal Agreement – Hawks Landing HOA and Guardian Homes, LLC: 7.Ordinance 523 – Correction of Ordinance 522 Numbering Duplication – Annexation of Property for District 93 – Princess Drive: 8.Policy and Procedure 10-012 - Conflict of Interest Policies and Procedures: 9.Resolution 2012-019 – Adopting Policy and Procedure – Conflicts of Interest: 10.Memorandum of Understanding – EIRWWA: 11.Planning and Zoning Re-appointments – Robert Taylor (1st Term), Rick Butler (2nd Term): DISCUSSION ITEMS: 1.2013 Council Meeting Schedule – July 4th Cancelled and Moved to July 11th 2.BMI/ASCAP Membership Information 3.Misc. EXECUTIVE SESSION: 1.Personnel Evaluations - Idaho Code 67-2345 (1-b) 2.Real Property Acquisitions - Idaho Code 67-2345 (1-c) 3.Pending Litigation - Idaho Code 67-2345 (1-f) MINUTES City Officials Present: Mayor Steve Fuhriman Councilmember Rex Thompson Councilmember Brian Powell Councilmember Sean Coletti Councilmember Russell Slack Councilmember Brad Christensen City Attorney Scott Hall City Clerk/Administrator/Planning Director Ron Folsom Deputy Clerk Rachael Brown City Treasurer Jennifer Belfield City Engineer Lance Bates 16 City Council Minutes 12-20-2012 Page of City Officials Absent: Councilmember Dana Kirkham CALL TO ORDER: Mayor Steven Fuhriman opened the meeting at 7:00 p.m. at the City Hall building located at 2135 South Ammon Road. Councilmember Coletti led the Pledge of Allegiance. Councilmember Thompson offered a prayer. Mayor Fuhriman thanked the citizens in the audience for attending the City Council meeting. MINUTES: October 11, 2012: Councilmember Powell moved to approve the minutes, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. October 18, 2012: Councilmember Slack moved to approve the minutes, as presented. Councilmember Christensen seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, Councilmember Powell – Abstain (Absent), and Councilmember Coletti – Yes. The motion passed. November 1, 2012: Councilmember Powell moved to approve the minutes, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. November 8, 2012: Councilmember Slack moved to approve the minutes, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Coletti, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. November 15, 2012: Councilmember Slack moved to approve the minutes, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Abstain (Absent). The motion passed. November 29, 2012: Councilmember Slack moved to approve the minutes, as presented. Councilmember Coletti seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Powell – Abstain (Absent), Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. ITEMS FROM MAYOR: None CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday, December 20, 2012 License applications, carrying the required documents, pending approval of the City Council: LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: 1.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: A. Firehouse Grill – Restaurant – 2891 S. 25th E. B. Carino’s Italian Grill – Restaurant – 2833 S. 25th E. C. Cellar – Restaurant – 3520 E. 17th St. Business License: Councilmember Coletti moved to approve the business license Consent Agenda, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Christensen – Yes, Councilmember Slack – Yes, and Councilmember Powell – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Powell moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, and Councilmember Coletti – Yes. The motion passed. ITEMS FOR/FROM TREASURER: Jennifer said the audit has gone very well, and she has posted all of the auditing journal entries. She will have all the financials posted to SharePoint tomorrow. Ron Folsom said this is the earliest an audit has ever been completed. 26 City Council Minutes 12-20-2012 Page of PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): None PUBLIC HEARINGS: None ACTION ITEMS: 1. Rezone and Comprehensive Plan change Request – R-1 to R2-A – Portion of Oakridge Subdivision: Ron explained the request and where the property is located. Ron said the Council will remember that at one point there were some questions about group homes being placed at this location. Ron said there are ten completed residences and three that are not completed, and an additional seven lots; a total of twenty lots that are being requested to be changed from R-1 to R2-A. Ron presented a map through SharePoint. Ron said the current allowed use is for single family detached homes. If the Council were to grant the R2- A change, it would add the twin homes allowed in R1-A zone, up to four unit town houses attached allowed in the R-2 zone, and up to eight attached town house, condominium, or apartment units allowed in the R2-A zone itself with up to twelve units per acre. Councilmember Powell asked why the request was being made. Ron said the intent of the property owners is to attach the units together so they could serve 16 people per unit instead of 8. The reason they were allowed in the current R-1 zone is because the State of Idaho allows group homes in any residential zone as long as it is for the aged, mentally, or physically handicapped, but they only allow up to 8 residents and staff. Councilmember Powell asked how long the properties have been sitting incomplete. Ron said two years. Councilmember Slack asked if the request was made so they can reduce the number of staff, but not necessarily increase the amount of residents. Ron said they could do anything that is allowed in any of the other zones through R2-A. So theoretically the empty lots could allow for four-plex’s. Councilmember Powell asked if any of them were occupied. Ron said two of them have been occupied. Councilmember Thompson said he sees many of his neighbors in the audience today and feels they have something to say. Councilmember Thompson said this is not a public hearing; however he doesn’t want to make a decision without hearing what they have to say. Councilmember Thompson asked Tom Hunsaker how many people attended the public hearing. Tom Hunsaker, Planning and Zoning 2135 South Ammon Road said the only people who made it to the P&Z meeting were the applicants. Tom said the Commission vote was four in favor and two against recommending approval as presented. Councilmember Thompson said he would like to hear what the people have to say, but asked City Attorney Scott Hall if the audience could comment today. Scott said the Council can’t take testimony unless it is a public hearing. Councilmember Thompson said he feels this should be tabled until there can be another public hearing. Councilmember Thompson moved to Table the Rezone and Comprehensive Plan change Request – R-1 to R2-A – Portion of Oakridge Subdivision until January 17, 2013 and to have another Public Hearing at that time. Councilmember Slack seconded. Roll Call Vote: Councilmember Thompson – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. 2. Rezone and Comprehensive Plan change Request – PB and R1-A to C-1 – Un-platted Property – North of Future John Adams, West of Ammon Road: Ron explained where the property is located and said once the property is developed John Adams would go through to Ammon Road. Currently the properties are zoned PB and R1-A which allows twin homes. The request is to change both of the properties to C-1. Councilmember Slack asked if both of the properties are owned by the same person. Ron said yes. Ron explained what happened at the public hearing at Planning and Zoning. Ron explained the zoning and what was being requested. Councilmember Slack asked what the intention is. Ron said the request is to build storage units. Tom Hunsaker, Planning and Zoning, 2135 South Ammon Road explained that the property owners want to build storage units, and discussed whether it would be steel construction or a cinder block type wall and the residents that came to the meeting felt that the cinder block would fit in better in that neighborhood. Tom said only one person was opposed to the idea of storage units, and others wanted a guaranteed there wouldn’t be a drive through like McDonald’s there. Councilmember Powell asked if there was any opposition to the zone changes. Tom said the citizens were very much opposed to the change. Tom said the R1-A zone is compatible with what is to the west, but to the south it is central commercial; our second least restrictive commercial zone. Tom said if we can look at the PB zone and come up with conditions where the City would allow storage units; the citizens will be fine with it being a PB zone. Tom said the recommendation from Planning and Zoning was to deny the request to change both of them to C-1, keeping the PB and recommending the R1-A also be converted to PB and to try to come up with conditions where a storage unit would be considered compatible in a PB zone. Ron said Planning and Zoning made it very clear that if the Council changes it to a PB zone, the applicant still has to ask if it is ok to build storage units because it is not an allowed use; it’s more by precedence. Ron said each zone allows for uses that are approved by City Council that are consistent with the other uses. Councilmember Thompson said as he recalls when this property was first platted there was quite a discussion about what will happen north of John Adams, and to put a buffer between big commercial properties and people that were already living there. Councilmember Thompson said we have done that and so far it has worked out with the R1-A and he would be very much opposed to putting C-1 up to their property lines because of the discussion that took place to pass its current zoning now. Discussion ensued regarding the surrounding zones. 36 City Council Minutes 12-20-2012 Page of Councilmember Coletti moved to accept the Planning and Zoning recommendation to Change the Comprehensive Plan for the lot currently zoned R1-A, and change its zone to PB. Councilmember Powell seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. 3. Policy and Procedure 50-002 Private Road Maintenance and Acceptance Standards: Ron said there was a proposal for the City to take back the Cottonwood Hills Estates roadways; to do that we have to adopt a policy and procedure. This policy and procedure is the same used by the County when they have a subdivision that wants to maintain its own roads. The proposal was made because the Cottonwood Hills Estates HOA was paying close to $4,000 per year in property taxes on the roads. Ron said he spoke with the County and they explained how they came up with the amount. Cottonwood Hills is asking the City of Ammon to take the roads back. The intent of the Policy and Procedure would next be to adopt the agreement with the Cottonwood Hills Estates HOA saying they will maintain everything as they have in the past, and the only thing they won’t do is pay the taxes. Councilmember Thompson says he doesn’t feel it’s a good idea for the public to own a road they don’t have access to and if there is a gate there, he is opposed to the City taking it back. Ron said it is uncommon in the City of Ammon, but it is not uncommon in other areas. Ron said for example in Utah there are a lot of gated communities; the gated communities in most cases are dedicated roadways to the City. Ron said it gives us automatic easements to the roadways. Councilmember Powell said they are still going to pay to maintain the roads and it probably should have been done with the development agreement. Ryan Bybee, President of Cottonwood Hills Estates HOA said it is a gated roadway, and if anyone wants to enter the development they can pick up the phone and call someone to let them in. The gate is there for insurance reasons, because there is a pool there. Ryan said he has never known anybody to be denied access to come in, they maintain all the liability insurance, seal coat the roads, and they control the building so that all the easements are met. Discussion ensued regarding the taxes and platting of Cottonwood Hills. Scott Hall said the one issue that he was concerned about was that HOA’s are great for a few years and then they fail to exist the way the City likes them to exist. Scott explained that in the policy it has been provided that if they fail to maintain, the City will do the maintenance and then have a right to lien the homeowners’ property. Councilmember Slack moved to approve the Policy and Procedure 50-002 Private Road Maintenance and Acceptance Standards, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. 4. Resolution 2012-018 - Adopting Policy and Procedure 50-002 Private Roads: Councilmember Slack moved to approve Resolution 2012-018 – Adopting Policy and Procedure 50-002 Private Roads, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. 5. Private Road Agreement – Cottonwood Hills HOA and Cottonwood Hills, LLC: Councilmember Slack moved to approve the Private Road Agreement – Cottonwood Hills HOA and Cottonwood Hills, LLC, as presented. Councilmember Christensen seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. 6. Hawks Landing Snow Removal Agreement – Hawks Landing HOA and Guardian Homes, LLC: Ron explained this agreement is for the City to do the snow removal. Ron said the three streets the City will maintain have been named, and there is an expiration date of April 15, 2013 so in the event we don’t’ feel this worked then we can change it. Councilmember Slack asked about the cost to the City for snow plowing. Ron said Ray didn’t feel it would be an issue because there is only one road that isn’t a straight shot. Discussion ensued regarding how close the homes are to the road and if there was room to plow the embankment. Scott said there should be a provision that states who actually owns the road, and they waive any liability the City may have as to any damage to the road or damage to vehicles or property. Councilmember Christensen moved to approve the Hawks Landing Snow Removal Agreement – Hawks Landing HOA and Guardian Homes, LLC, with the provision that they waive any liability during the plowing of the road. Councilmember Powell seconded. Roll Call Vote: Councilmember Christensen – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Slack – Yes. The motion passed. 7. Ordinance 523 – Correction of Ordinance 522 Numbering Duplication – Annexation of Property for District 93 – Princess Drive: Councilmember Powell read Ordinance #523: AN ORDINANCE ANNEXING AND ZONING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND ZONED AND HEREBY ANNEXED AND ZONED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF 46 City Council Minutes 12-20-2012 Page of AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS. I move that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. Councilmember Powell read Ordinance #523: AN ORDINANCE ANNEXING AND ZONING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND ZONED AND HEREBY ANNEXED AND ZONED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS. I move the adoption of Ordinance #523 as an ordinance of the City of Ammon on its third and final reading. Councilmember Coletti seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. 8. Policy and Procedure 10-012 - Conflict of Interest Policies and Procedures: Ron explained that this policy is being put in place because when we made the first submission for the grant Bruce received through the National Science Foundation; we received a letter back stating to check a box stating we have this policy, but we don’t have it. Basically it is a policy that states, nobody who works for the City and is working on this project is gaining monetarily. The State of Idaho covers it in the municipal code, but that is not good enough and so we need to adopt this. Scott Hall said we are already bound by this by State Code 1813-57, but we are not covered through the Federal Policy. Councilmember Slack moved to approve Policy and Procedure 10-012 – Conflict of Interest Policies and Procedures, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. 9. Resolution 2012-019 – Adopting Policy and Procedure – Conflicts of Interest: Councilmember Slack moved to approve Resolution 2012-019 – Adopting Policy and Procedure – Conflicts of Interest, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. 10. Memorandum of Understanding – EIRWWA: Councilmember Coletti said this MOU is a bit wordy, however he feels this accomplishes what the city is looking for; more unity, and eventually a path forward to a district. Councilmember Coletti said that he and Scott Hall made some revisions and feels they are all satisfied with it. Scott said the City of Shelley and both Counties are ready to approve the MOU. Scott said from the time that the joint powers were created 11 years ago to the present time, the membership on the board has been relatively stable; Bill Shurtliff was there originally for the County, but shortly after it started Roger Christensen came on, Commissioner Jolly from Bingham County has been on the board the entire time, but he goes off the Commission next week. The mayor of Shelley has been there the whole time and states he does not plan to run for re-election, and Bruce Ard was on the board until two or three years ago. Scott said the institutional knowledge from all the people that were there at the beginning was starting to dissipate and go away. Scott said they felt it was very important to get an MOU in place that would memorialize where everyone was, the agreements that had been made, and the form that it was running in, etc., so that we had everything in one place. This is almost like creating a constitution for the entity so as they get going down the road; they have something to look back to and to point to. Councilmember Coletti said the document itself is actually only 14 pages, and the rest of the pages are history. Councilmember Thompson asked what the advantages are of becoming a district. Scott said the district would elect its own members, the district has the ability to tax, assess its own fees, it would become more uniform, and have the ability to decide what direction it is going. Discussion ensued regarding items contained in the MOU. Councilmember Slack moved to approve the Memorandum of Understanding – EIRWWA, as presented and authorize the Mayor to sign. Councilmember Christensen seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. 11. Planning and Zoning Re-appointments – Robert Taylor (1st Term), Rick Butler (2nd Term): Ron explained that Rick Butler was appointed to his first term on February 17, 2009; it expires in December of 2012. Councilmember Thompson asked Rick where he lived. Rick said on the corner of Salmon and Eagle. Ron said this will be Robert’s second term it would expire December 31, 2015. He filled a vacancy in 2009. Councilmember Coletti moved to approve the Planning and Zoning Re- appointments of Robert Taylor for a term of three years and Rick Butler for a term of three years. Councilmember Powell seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. 56 City Council Minutes 12-20-2012 Page of DISCUSSION ITEMS: 1. 2013 Council Meeting Schedule – July 4th Cancelled and Moved to July 11th: Discussion ensued regarding date changes and possible conflicts with the meeting schedule. Scott said the State Code requires the Council meet at least once per month. 2. BMI/ASCAP Membership Information: Ron said this is in regard to BMI. The City already pays ASCAP. Scott said ASCAP handles about 40% of the music artists in the world. BMI handles a different 40% and there are a couple of entities that handle almost all the remaining 20%. If you were to use music in the City, such as play it overhead, or at Ammon Days you have to comply with Federal Copyright Laws. Councilmember Thompson asked if this included the radio. Scott said it included any music the public can hear. Federal Copyright Law says they are entitled to their copyright interest. These entities collect the royalties and reimburse the musicians they represent. If you do not register with either one of them you are not in compliance with the law. If any musicians attended Ammon Days and heard their music, and the City was not registered, the musician could go to the entity, which would get all the fines and penalties from the City. Scott said he doubts they would come to Idaho and file lawsuit if we did not pay them. Discussion ensued. 3. Misc.: Jennifer said she appreciates everyone donating to the needy family for Christmas. Jennifer said the Mayor graciously gave out hams, cookie mix, and a cobbler mix from the Mayor and Council to each member of the staff. The staff said a huge thank you for the kindness. Ron said he needs to make some City code changes; they are ready, and on the website. Go to items for review. The first section says City Code proposed amendments 12-20-12. The first item is a summary and the one under it has every chapter in context. Ron asked the Council for their review. Ron said if you remember when we were talking about the sewer bond, regarding the amount of money we didn’t use, he understood it to say we could not open it, but DEQ would still give us the $1.5 million. What he meant was, we could check with Stephanie and she could probably say they did not go to their full bond amount, so you could get a loan for the $1.5 million and still be in compliance with the bond and not have to pass a new bond. Councilmember Thompson asked a loan from whom? Ron said from whomever. He used the example of Teton; they did that and received the loan from the State bond fund. Councilmember Christensen said he went to a partnership for science and technology breakfast this morning, and they discussed a line commission created by the governor for the future mission for the INL, and circulated a letter asking for input on the line commission. It specifically asked for public input that is important to this area. Councilmember Christensen said he would distribute the letter and asked the Council to take a minute and write down their thoughts for or against, but to let our voice be heard. Discussion ensued regarding the line commission. Rachael informed the Council about the City Officials Day is January 31, 2013 at the capitol building. The cost is $25 and includes lunch. EXECUTIVE SESSION: 1. Personnel Evaluations - Idaho Code 67-2345 (1-b) 2. Real Property Acquisitions - Idaho Code 67-2345 (1-c) 3. Pending Litigation - Idaho Code 67-2345 (1-f) Councilmember Powell moved to adjourn into executive session pursuant to Idaho Code 67-2345 (1-c &f). Councilmember Thompson seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, Councilmember Christensen – Yes, and Councilmember Coletti – Yes. The motion passed. The meeting adjourned at 8:37 p.m. ______________________________________________ Steven Fuhriman, Mayor __________________________________________________ Ron Folsom, City Clerk 66 City Council Minutes 12-20-2012 Page of