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11092009CouncilMinutes-Special-CANVAS ELECTION CITY OF AMMON CITY COUNCIL SPECIAL/REGULAR/WORK SESSION MINUTES MONDAY, NOVEMBER 9, 2009 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL SPECIAL/REGULAR/WORK SESSION AGENDA MONDAY, NOVEMBER 9, 2009 – 5:30 P.M. CALL TO ORDER: Mayor Bruce Ard at 5:30 p.m. Pledge of Allegiance – Councilmember Thompson Prayer – Councilmember Powell MINUTES: Sept. 17, Oct 1, Oct. 6, Oct 8, and Oct. 15, 2009* ITEMS FROM MAYOR: CONSENT AGENDA: Business License Accounts Payable – Exhibit A ITEMS FOR/FROM TREASURER: Credit Card Acceptance for Business Licenses (Jennifer/Leslie) PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: PUBLIC HEARINGS: None ACTION ITEMS: 1.Canvas Election Results (Leslie/Bobbie) 2.Seat 6 - Possible Nomination Effective Immediately 3.Peterson Park Bids – Egan Machinery and Bryan Landon Concrete Approvals (Ken)* 4.Introduction of Ordinance 483 – Cable One Franchise Agreement* 5.Memorandum of Understanding Hitt Road (Bean) DISCUSSION ITEMS: 1.Park/Recreation Commission Proposal (Ken)* 2.Conditional Use Permit - Possible Violation Turtle Bay (Kirkham/Leslie) 3.Misc. EXECUTIVE SESSION: 1. Potential for Acquiring Real Property Pursuant to Idaho Code 67-2345 (1-c) (Lance/Leslie) 2. Pending Litigation Pursuant to Idaho Code 67-2345 (1-f) (Scott/Leslie) MINUTES City Officials Present: Mayor Bruce Ard Councilmember Dana Kirkham Councilmember Lee Bean Councilmember Rex Thompson Councilmember Brian Powell Councilmember Randy Waite City Attorney Scott Hall City Clerk Leslie Folsom City Engineer Lance Bates City Planning Director Ron Folsom City Treasurer Jennifer Belfield 11-9-09 Council Minutes Page 1 of 7 City Officials Absent: None Mayor Ard opened the meeting at 5:30 p.m. at the City Office Building located at 2135 South Ammon Road. Councilmember Thompson led the Pledge of Allegiance and Councilmember Powell offered a prayer. MINUTES: Sept. 17, 2009: Councilmember Kirkham motioned to accept the minutes for Sept. 17, 2009, as presented. Councilmember Waite seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes and Councilmember Bean – Abstained – he was absent. The motion passed. Oct 1, 2009: Councilmember Kirkham motioned to accept the minutes for Oct. 1, 2009, as presented. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes and Councilmember Waite – Abstained – he was absent. The motion passed. Oct. 6, 2009 – Work Session: Councilmember Bean motioned to accept the minutes for Oct 6, 2009, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes and Councilmember Waite – Abstained – he was absent. The motion passed. Oct 8, 2009: Councilmember Kirkham motioned to accept the minutes for Oct. 8, 2009, as presented. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean - Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes and Councilmember Waite – Yes. The motion passed. Oct 15, 2009: Councilmember Kirkham motioned to accept the minutes for Oct. 15, 2009, as presented. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Waite – Abstained – he was absent and Councilmember Thompson – Yes. The motion passed. ITEMS FROM MAYOR: None CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday November 9, 2009 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: th A.Salon Monroe – Salon – 3318 E. 17 Street th B.Dapco Hobbies 2 – Retail Sales & Hobby Shop – 2667 E. 14 N., Unit 1 st C.Campos, Colleen – Daycare Employee/Snake River Montessori – 2970 E. 1 street st D.McJunkin, Heidi - Daycare Employee/Snake River Montessori – 2970 E. 1 street st E.Corbridge, Jacqueline L. - Daycare Employee/Snake River Montessori – 2970 E. 1 street st F.Ojeda, Yazmin - Daycare Employee/Snake River Montessori – 2970 E. 1 street th G.Randall Orthodontics, P.A. – Orthodontics – 3285 E. 17 Street th H.Nigbur Ventures, LLC – Dry Cleaning – 3320 E. 17 Street th I.Center Partners – Contact Center – 3544 E. 17 St., Suite #210 th J.Potter, Tanya C. – Daycare Employee/Sunny Day’s Daycare – 4366 E. 17 St. th K.Shelf Reliance, LLC – Emergency Preparedness – 939 S. 25 E., Suite #100 2.RENEWALBUSINESS LICENSE APPLICATION: th A.Service Master Cleaning & Restoration – Cleaning & Restoration – 2839 E. 14 N. th B.Sonic Drive-In – Restaurant – 2785 E. 17 Street C.Teton Spectrum Raceway – 2363 Eagle Drive th D.Jamba Juice – Food Service – 1803 S. 25 E. E.Trusswork’s, Inc. – Construction - 1362 Terrill Drive F.Idaho Traffic Safety – Manufacturing, Sales & Rental – 3400 E. Sunnyside Road 11-9-09 Council Minutes Page 2 of 7 th G.Alpine Jewelers – Retail Sales & Precious Metals – 2789 S. 25 E. th H.Famous Footwear #2124 – Retail Sales – 2053 S. 25 E. th I.Family Chiropractic Center – Chiropractic – 3298 E. 17 Street th J.Ammon Dental – Dental – 3456 E. 17 Street, Suite #115 th K.Ammon Craigo’s Gourmet Pizza, LLC – Restaurant – 3160 E. 17 Street th L.Leslie Boehm Shoe Store, Inc. – Retail Sales – 2003 S. 25 E. M.Family Care Center, Inc. – Mental Care Facility – 1675 Curlew Drive N.Tallman Construction – Construction – 1568 Midway Avenue th O.Yellow Book Sales and Distribution Company – Marketing – 3456 E. 17 St., Suite #100 th P.Smart Style #1312 – Salon – 1201 s. 25 E. th Q.Staples The Office Superstore #470 – Retail Sales – 1999 S. 25 E. R.Pharmease, LLC – Retail Sales – 1790 Sabin th S.Bed Bath and Beyond #626 – Retail Sales – 3011 S. 25 E. T.Yellowstone Group Home/Fox Hollow – Assisted Living – 370 Hollow Drive th U.Piano Gallery – Retail Sales – 3050 E. 17 Street V.Philotechnics, LTD – Remediation – 1560 S. Midway, Suite #2 th W.Ameritel Inn – IF Spectrum – Lodging – 2501 S. 25 E. X.Skidmore, Inc. – General Contractor – 3920 E. Sunnyside Rd. th Y.D&L Cleaners & Laundry – Laundry Service – 3160 E. 17 Street Z.Idaho Falls Group Homes – Assisted Living – 4360 Wanda th AA.Powerhouse Coach, Inc. – Manufacturing – 2901 E. 14 N. th BB.Hollywood Video #012-100 – Retail Sales – 1778 S. 25 E. CC.R. Jay Taylor Construction – Contractor – 3968 E. Sunnyside Rd #4B th DD.Fashion Bug, Inc. #3471 – Retail Sales – 2041 S. 25 E. th EE.Target Stores T-1082 – Retail Sales – 2171 S. 25 E. FF.Jiffy Lube Auto Lube Services, Inc. – Auto Lube & Service – 2523 E. Sunnyside Rd. th GG.Walgreen’s #10603 – Retail Sales – 3475 E. 17 Street HH.Mark Liebel Appraisals – Real Estate Appraisals – 1552 S. Midway Ave. th II.Kingman, Andrea – Daycare Employee/Sunny Days Daycare – 4366 E. 17 St. JJ.Sunnyside Automotive – Auto Repair – 3790 E. Sunnyside Rd. th KK.Premium Financial Advisors – Finance – 3456 E. 17 Street, Suite #205 LL.Walker Produce – Packaging Warehouse – 3965 E. Sunnyside Rd. th MM.T.J. Maxx #375 – Retail Sales – 2965 S. 25 E. NN.Legend Realty – Real Estate – 1570 Midway th OO.Soapy’s Auto Wash – Car Wash – 2523 E. 17 St. th PP.JPMorgan Chase, NA – Finance – 1711 S. 25 E. HOME OCCUPATION PERMITS: 1.NEW HOME OCCUPATION PERMITS: A.Ferguson, Jasmine – Daycare (Maximum 5 Children) – 1376 Ridgewood Dr. B.Danielson, Jay – Outside Sales of Educational Materials – 2310 Princess 2.RENEWAL HOME OCCUPATION PERMITS: A.Lemons, Tandy & Nicholas, Camille – Daycare (Maximum 12 Children) – 700 Tennis Court B.Weaver Siding – Siding – 2890 Teton Street C.Final Touch/Hansen, Stacy – Home Decoration – 5699 Veil Drive D.David W. Bishop, CPA – Accounting – 3042 Oakwood Circle LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: 1.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Carino’s Italian Grill – Restaurant-Liquor by the Drink/Beer/Wine on Premise – 2833 S. 25 E. B.TCSS Limited Co./Tobacco Connection – Retail Sales/Beer & Wine Sales off Premises – 1747 Sabin Drive th C.Albertson’s, Inc. – Retail Sales/Beer & Wine Sale off Premise – 1901 S. 25 E. th D.Albertson’s Express #174E – Retail Sales/Beer & Wine Sale off Premise – 1719 S. 25 th E.Texas Roadhouse – Restaurant/Liquor by the drink/Beer & Wine on Premise – 2535 S. 25 E. MISC: MASSAGE ESTABLISHMENT A. Johnson, Stephanie – Massage Therapist/Liberty Square – 2475 S. Ammon Rd. 11-9-09 Council Minutes Page 3 of 7 Business License: Councilmember Kirkham motioned to accept the business license consent agenda, as presented. Councilmember Waite seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. Accounts Payable – Exhibit A: Leslie explained that this is a lengthy one since there was quite a span of time between the meetings. Councilmember Bean asked why the Caselle billing was towards the water department. Leslie explained it will be a method to track meters for warranties, etc. Lance said it will also be used for work orders. Councilmember Bean asked if we needed new tires for the sanitation trucks, already. Lance said it had been six months and they don’t have that many miles but it is due to the heavy loads and tight radius turns. The cost is $5200 and they are recaps. If they were new, it would be twice that. Councilmember Bean motioned to accept the accounts payable, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Powell - Yes. The motion passed. ITEMS FOR/FROM TREASURER:Credit Card Acceptance for Business Licenses (Jennifer/Leslie): Jennifer explained that the office would like to accept credit cards for business licenses. Leslie stated that the majority won’t use it, but there are a lot who come in to pay a utility bill and want to pay the business license under the same credit card. The larger businesses usually pay by checks from the corporate headquarters. Councilmember Bean inquired as to the costs to the City. Jennifer said the City has a great deal on the merchant processing fees, which was approx. 1.69%. Councilmember Bean motioned to accept credit cards for business licenses. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Powell – Yes. The motion passed. Jennifer asked the Council to allow her to change the statements to 8 ½ x 11 instead of the postcards, since we only have two boxes left of the postcards. She wants to examine outsourcing the statements with return envelopes and also start using e-statements. The costs will be slightly higher but we can offer more information for the constituents. Councilmember Kirkham stated if we want to add a newsletter to the statements, then it would be a minimal charge. Council concurred on moving forward, but would like to be advised as to the costs. Jennifer advised the Council that Ron had sent the information in on the Lighting District to the County and the City should be getting the taxes for this by January/February. Audit started today. She advised the Council of the Christmas party December 14, Monday from 4 – 5 p.m. It is being held on Monday, since the Mayor’s open house is Friday and we would be carrying over the extras for the party. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: None PUBLIC HEARINGS: None ACTION ITEMS: 1. Canvas Election Results (Leslie/Bobbie): Bobbie Jockumsen, Chief Judge of Elections advised the Council that Mr. Christensen has requested the over/under votes per precinct. She presented the actual pages with the over/under votes. She explained that if there was an over vote, it would kick that race out. The ballots were printed by the date required by law, after which, there was a last minute withdrawal. They left a space for the withdrawn name and feel that in precinct 48 and 49 there were no issues but in 52 there are 79 over votes and the only conclusion that could be drawn is that the constituents thought there were two races, even though it was printed to vote for only one. She has given Mr. Christensen the grounds to contest the election and he has to do this within 20 days after canvassing. He has indicated to her that he probably wasn’t going to contest but that could change. This won’t affect the canvas. If he does contest, it would be for the entire group, not a run off. The Council thanked Bobbie. 11-9-09 Council Minutes Page 4 of 7 Councilmember Bean motioned to approve the election results, as presented. Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. Council signed the canvassed documents. 2. Seat 6 - Possible Nomination Effective Immediately: Councilmember Kirkham stated she wants to table this item with the information that has been given tonight. She would like to let the 20 days pass and reassess in December. Councilmember Kirkham motioned to table the nomination of Seat 6 effective immediately. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Powell – Yes. The motion passed. 3. Peterson Park Bids – Egan Machinery and Bryan Landon Concrete Approvals (Ken)*: Ken advised the Council that he has received three informal competitive bids from public works contractors. Brian Landon Construction had the lowest bid for the concrete work and Egan Machinery was the lowest for the steel fabricator. American Fabricators was $36,900, Egan Machinery was $19,784, and Intermountain Erectors was $18,136 but they excluded items that were to be bid on and upon adding those items back in, they would be $3000 more than the current bid. Councilmember Bean asked Scott his opinion on excluding Intermountain Erectors. Scott asked Ken what the items were. Ken said checking for power, testing inspections, touch up painting, establishing grades, reinforcing steel, and field verifying dimensions. Leslie advised the Council that this is done all the time on bids. Lance said if it is a material exclusion, then the bid can be eliminated. Scott said it is a non- conforming bid not a non-competitive bid. Scott said it should be mentioned that it was non-responsive. Councilmember Waite motioned to approve the bids from Egan Machinery and Bryan Landon Concrete for the Peterson Park Project and Intermountain Erectors was rejected as a non-conforming bid and to authorize the Mayor to sign the contract. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Waite – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed. Ken stated to the Council that the parking lot was first bid out for $100,000, but it came in at $68,460 due to the cost of asphalt going down. The shelter was originally figured at $36,000, but it will be $27,000 - $28,000. 4. Introduction of Ordinance 483 – Cable One Franchise Agreement*: Councilmember Powell stated that certain wording was added to protect the City. Scott said the definitions take care of cable and other services in conformance with State law. Ron advised that Cable One has accepted the changes. Councilmember Powell motioned to accept Ordinance 483 and authorize the Cable One Franchise Agreement to be published and to be presented within 30 days for final approval. Councilmember Waite seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion passed. 5. Memorandum of Understanding Hitt Road (Bean): Councilmember Bean asked the Council if there is any discussion the Council wanted in relation to the Memorandum of Understanding or if they wanted to table it, at this time. Councilmember Kirkham said the Mayor and she met with Mayor Fuhriman and Councilmember Lehto and the main discrepancy is Wal-Mart. The City of Idaho Falls wants to take 100% credit and Ammon wants 100% credit. The general consensus is to consider eliminating the MOU and consider a new one. The City of Idaho Falls has suggested that Ammon contribute more than $125,000 to the Hitt Road project as a measure of goodwill. The Mayor and she did tell them that they would bring it back to the Council for discussion. Mayor Ard asked the Council if the Council had noticed that Idaho Falls is talking about redoing the th light at Hitt and 17. Mayor Ard stated that the MOU stated that we would help develop Hitt Road, but after that since it is their road and jurisdiction they would do any upgrades, maintenance and improvements. Councilmember Kirkham stated that they agreed, understand and are willing to honor that. Councilmember Kirkham said our section th of 17 would be Ammon’s to improve, but it wouldn’t include the intersection and lighting which would be the City of Idaho Falls. Lance stated when making improvements to an intersection it usually incorporates 300-400 feet past the intersection to get the road developed. Councilmember Bean stated the problem is if they are going to do it in 2009-2010 there aren’t funds appropriated. Councilmember Kirkham said Idaho Falls felt we only looked at adding 11-9-09 Council Minutes Page 5 of 7 funds to the project after an Ammon constituent was worried about the unfinished portion of Hitt Road adjacent to his property and the City felt the pressure. She has explained that that was incorrect. The City sent the $125,000 because the City was honoring their word. At the budget cycle the City would look and see if there was any excess and if there was, we would offer it for the project. The City of Idaho Falls would like $125,000 this year and $125,000 next year. Councilmember Bean asked if we told them to pick up the phone when they have concerns. Scott asked Councilmember Kirkham if it is Idaho Falls position that they brought Wal-Mart to Ammon. Councilmember Kirkham said yes. Idaho Falls won’t accept our point-of-view and the City of Ammon won’t accept theirs. Ron said when Wal-Mart was coming into the City and while he was on Planning and Zoning they weren’t going to go to Idaho Falls under any circumstances because they were tired of dealing with them. Scott said the memorandum of understanding is really at an end since Hitt Road is developed from Sunnyside to Lincoln. Hitt Road ended at Sunnyside where it tied into the previously existing Hackman Road. Councilmember Kirkham stated th she believes 25 East is the border between the two cities and we have to work together. There are guidelines needed as the cities move both North and South. Mayor Ard stated the reason that Hitt Road has developed the way it has, because when Idaho Falls annexed the Westside of Hitt Road, they put in the development agreement with the developer that the developer didn’t have to put in any funds for Hitt Road. The City of Idaho Falls feels since the City itself had to pay, that the City of Ammon should also. Mayor Ard said that was a decision Idaho Falls made and why should our citizens be penalized. Our agreement was we can do it through our developers and we have. Councilmember Kirkham motioned to table the Memorandum of Understanding until the City has further details. Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Powell – Yes, and Councilmember Thompson – Yes. The motion passed. Scott asked can’t we competitively bid the completion of Hitt Road. Councilmember Kirkham stated we could. Scott asked why we wouldn’t do this. Councilmember Thompson said this is certainly the way we should go. Ron said if you are driving east on John Adams Parkway and come to the intersection of Hitt it is obvious that the stoplights are not put where they are needed for a four to five lane road east of Hitt. This was originally designed to accommodate this many lanes, so it must have been a conscious decision. Councilmember Bean said he will look at the budget and see what the City can do. DISCUSSION ITEMS: 1. Park/Recreation Commission Proposal (Ken)*: Ken stated he had sent out a cover letter where he would like to start a parks and recreation commission for special event programs. The Commission would meet once a month. Examples of what they would help with would be Ammon Days, Music in the Park, 10K runs, etc. This will allow the citizens of the community to let the Council know what is important to them. Leslie advised Ken that the meetings would have to be posted and minutes taken. Scott said to make sure to state in all the information that this is a voluntary unpaid position. He wants it added to the call for application. 2. Conditional Use Permit - Possible Violation Turtle Bay (Kirkham/Leslie): Councilmember Kirkham advised the Council that there is a sign outside of Turtle Bay stating that they can swim for $5. This pool is a private pool not a public pool. Councilmember Bean asked Ron to check and be sure if it is a violation of the Conditional Use Permit. Ron stated he would. 3. Misc.: Councilmember Bean advised the Council that Lance has submitted to Bonneville County the second generation of the Memorandum of Understanding for First Street for design. Councilmember Kirkham said that she has talked with Paul Johnson concerning the second water line at his old home. He had talked with the new owner a few months back to remove the line and she refused. Councilmember Kirkham stated she is unsure as to why she is approaching the City with the same request. The City now has confirmation there is a second line. Scott said they hadn’t paid the City for the second line. Councilmember Kirkham said Johnson put it in to boost the water pressure. The new owner has requested that the City dig up the line. Lance said the letter wants the City to dig it up or tell her to do it and the City pays for it. Councilmember Bean said the City should respectfully decline her request and it will be her responsibility. As far as the connection fee he’s not sure how we can take action on the new owner, let bygones be bygones and start billing her for the additional water line. Leslie stated she already is doing this. 11-9-09 Council Minutes Page 6 of 7 Councilmember Kirkham said she has talked with Ray Suitter. He will be putting in ductile iron. She advised him the City will suspend the fine once he is in compliance. Ron asked about the asphalt on the site plan for the parking lot. Our ordinance says the driveways have to be hard surface, which is asphalt or concrete. The Council went into discussion concerning the site plan versus the Ordinance and what was expected upon the Council’s approval. Councilmember Kirkham said we don’t have any teeth, unless we go with the Ordinance. Councilmember Bean asked Ron if new construction requires the departments to sign off before a certificate of occupancy is issued. Ron stated Council mandated this several months ago. Councilmember Powell asked Ron to change the Ordinance to state a certificate of occupancy and business license cannot be issued until everything is done according to the approved site plan. Councilmember Kirkham stated she feels Ray’s intentions are good. Councilmember Bean stated that Lance has talked with Walgreens and they have engaged an engineer out of Boise for the drainage area. Due to the weather it might not get done this year, but we need to make certain there is a time certain in the spring. Ron said Maverick expects to proceed next year on the new store. Lance said we have received a letter from DWR and there is a possibility of water curtailment next year due to the Twin Falls area. Leslie advised the Council concerning the truck tires being slashed on the enforcement vehicle and she has gotten the bids for the camera around the vehicles. The cost will be $1000 for the camera, $60 enclosure over the camera and $800 for the wiring per Bruce Patterson. The data will be saved for five days but any more will impact our software, which might entail an upgrade of approx. $1000. Councilmember Powell said he wants to talk with Bruce concerning a motion camera, which won’t record without motion. Leslie advised the Council that Tidbits called and would give the City a small space for its use for free. Leslie mentioned the AIC academy for City officials and she needs to know who will be attending ahead of th time. The date is November 16 9:30 a.m.– 3:30 p.m. It is an excellent program, even if you have been in office for a while. th Leslie has scheduled Mayor Ard’s open house on December 11 from 3 – 6 pm and would like everyone to be there. EXECUTIVE SESSION: 1. Potential for Acquiring Real Property Pursuant to Idaho Code 67-2345 (1-c) (Lance/Leslie): 2. Pending Litigation Pursuant to Idaho Code 67-2345 (1-f) (Scott/Leslie): Councilmember Bean motioned to go into executive session for the potential of acquiring real property and pending litigation pursuant to Idaho Code 67-2345 (1c and 1f). Councilmember Powell seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes and Councilmember Waite – Yes. The motion passed. The meeting adjourned at 7:09 p.m. ________________________________________ C. Bruce Ard, Mayor ________________________________ Leslie Folsom, City Clerk 11-9-09 Council Minutes Page 7 of 7