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10212010CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, OCTOBER 21, 2010 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, OCTOBER 21, 2010 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Kirkham Prayer – Councilmember Bean MINUTES: None 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 Request – C-1 to PB – Evergreen Square – 17th St (Ron)* 2.Sand Creek Plaza – Request to Hold Promotional Event with Dance after the Hours of 10:30 p.m. (Ron)* 3.Grow Idaho Falls Budgeted for $1000 – Billing at $2500 (Mayor)* 4.Resolution 2010-012 – Snow Proclamation (Ron)* 5.Ordinance 490 – Street Name Change Owen Street – Ricks Farm D2 to Derrald Avenue (Ron)* DISCUSSION ITEMS: 1.Utah Power & Light Franchise Agreement (Leslie/Bean)* 2.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 Dana Kirkham Councilmember Lee Bean Councilmember Rex Thompson Councilmember Brian Powell Councilmember Sean Coletti Councilmember Russell Slack City Attorney Scott Hall City Clerk Leslie Folsom City Engineer Lance Bates City Planner Ron Folsom City Treasurer Jennifer Belfield Council Minutes 10-21-10 Page 1 of 8 City Officials Absent: None CALL TO ORDER: Mayor Steven Fuhriman opened the meeting at 7:00 p.m. at City Hall building located at 2135 South Ammon Road. Councilmember Kirkham led the Pledge of Allegiance. Councilmember Bean led the prayer. MINUTES: None ITEMS FROM MAYOR: Mayor Fuhriman asked the Council for permission to give the staff the day after Thanksgiving Day off with pay as a Thank You. The sewer and water department will be allowed a flex day. Council concurred. CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday October 21, 2010 License applications, carrying the required documents, pending approval of the City Council: GENERAL BUSINESS LICENSE: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: th A.IFPP Enterprise, LLC – Food Service – 2035 S. 25 E. HOME OCCUPATION PERMITS: 1.RENEWAL HOME OCCUPATION PERMITS: A.Powderhound Engraving – Engraving – 2690 S. Ammon Road Business License: Councilmember Slack motioned to approve the business licenses, as presented. Councilmember Kirkham seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Kirkham – Yes, Councilmember Coletti – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. Accounts Payable – Exhibit A: Councilmember Powell asked about the charges from Keller Assoc and if these are more engineering fees. Lance said this is catching up for the year, which they under billed the City for. The engineering fees are currently under the amount allotted. Councilmember Bean asked Lance concerning the residential and commercial allocations and if he was going to allocate for administrative costs. Lance said it will be tracked as much as possible; however, some items will be extremely hard to separate. Councilmember Bean said commercial sanitation should have some of the administrative fees. Lance thinks there is a plan in place to do this. Jennifer stated she will double check. Councilmember Powell inquired about the EIRWWA billing. Leslie said the EIRWWA was for two months of Forsgren’s bills and she understands that there will be more bills forthcoming. Lance said there was a line level indicator and there was an overflow problem. Leslie stated the City had an issue on the hill and ICRMP thought it was with the sewer and said there was no ICRMP coverage for EIRWWA. Our claim was a water claim, so there was no problem. Councilmember Bean motioned to approve accounts payable, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, and Councilmember Kirkham – Yes. The motion passed. ITEMS FOR/FROM TREASURER: Jennifer updated the Council that period 9 financials are on SharePoint. She reminded the Council that the flu shots are being done Saturday from 11 am to 1 pm. If you are covered under the City insurance, it is free or if not covered, you can pay $22. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): None Council Minutes 10-21-10 Page 2 of 8 PUBLIC HEARINGS: None ACTION ITEMS: 1. Rezone Request – C-1 to PB – Evergreen Square – 17th St (Ron)*: Councilmember Bean asked Ron if this was necessary to do this, since the rates are changing. Ron said this zoning change will affect the water and sewer rates, also. Ron explained this property is located by Key Bank. This will be a down zone, meaning more restrictive, from the current zone. Councilmember Kirkham asked what will be restricted in this zone. Ron covered the areas allowed in the PB, RSC-1 and C-1 zone. Councilmember Kirkham said the water and sewer rates will also be discussed and she is concerned that his rezone will restrict his resale value. Ron said the parking requirements will restrict him and feels the requirements of non-office building use of the C-1 zone would be hard for him to meet. th Rick Hill, 660 N. 5 W, St. Anthony, ID said his reason is to save the money on the utilities. Councilmember Kirkham said if you sold it, you could still come back in to rezone again. Rick said there isn’t enough parking for a C-1 zone use. This building really is a professional building. Councilmember Kirkham motioned to approve the rezone request from C-1 to PB for Evergreen Square. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes and Councilmember Slack – Yes. The motion passed. th Rick Hill, 660 N. 5 W. St Anthony, ID. 83445 thanked Councilmember Powell and Councilmember Kirkham who took the time to listen to his concerns and address them. 2. Sand Creek Plaza – Request to Hold Promotional Event with Dance after the Hours of 10:30 p.m. (Ron)*: Ron advised the Council that Natalie, who represents World Gym, asked about a dance in front of the property. Traditionally 10:30 p.m. is the cutoff time for a dance and the YMCA has not been allowed to go past 10:30 p.m., but this request is because of the location. They have requested midnight to be the final time. Ron said the time stated will be to have it totally shut down by that time. nd Chad Call, 845 W. Elva, Idaho Falls said it will be held Friday, Oct. 22. No drugs or alcohol will be allowed and all the businesses will be open, so that restrooms will be available. The event will run between 5 – 7 pm for vendors and 7 – 11:30 p.m. for the dance. Councilmember Coletti asked if they have asked Wal-Mart or Chuck-a-Rama. Chad said no, however, there is plenty of parking. Ron said they actually have double the parking needed. Councilmember Powell asked for no offensive music to be allowed. Councilmember Slack said they are far enough away from housing that there shouldn’t be a problem. Councilmember Slack motioned to approve the Sandcreek Plaza request to hold a promotional event and dance after the hours of 10:30 up until 12 p.m. with the provision that they start shutting down at 11:30 p.m. and the additional half hour is to have the people to clear out. He put a word of caution that this will affect other people’s opportunity to come and request time, if this goes badly. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. Council asked Leslie to call Kevin from the Bonneville County Sheriff’s Department to advise them to be aware of the event. Councilmember Bean asked Leslie to have Kevin also call him on another matter. 3. Grow Idaho Falls Budgeted for $1000 – Billing at $2500 (Mayor)*: Leslie said the bill came in over the budgeted amount and asked the Council what they would like to do. Councilmember Slack said their standard bill to businesses is $2500. They will accept whatever the City can give them. Council stated that the City will pay $1000 and asked Ron, who is on the board, to advise them. Councilmember Kirkham motioned to direct staff to pay Grow Idaho Falls the $1000 that was budgeted. Councilmember Slack seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Bean – Yes. The motion passed. Council Minutes 10-21-10 Page 3 of 8 4. Resolution 2010-012 – Snow Proclamation (Ron)*: Ron presented the snow proclamation to the Council, so it’s in place before the snow flies. There are no changes from last year, except the Mayor’s name. Councilmember Kirkham motioned to approve Resolution 2010-012 Snow Proclamation. Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion passed. Councilmember Slack requested Lance and Shawna to put together an article for the newsletter. Councilmember Slack spoke with INL concerning the busing and they are having issues with Calgary Church parking. There is a lot of red tape to get the parking spots and no one wants to go through the red tape. They are looking for more spots and stated it is unlikely they can accommodate the Kmart parking lot situation this winter. Leslie said Kmart has allowed it, but it has been without corporate approval. Council asked Leslie to contact Kmart to see, if they will accommodate the cars again this year. Tom Hunsaker, 2135 S. Ammon Road said NRF (which makes up a very small part of the INL site as a stth whole) is working to move their people away from Kmart by running a bus along 1 Street to Crowley Road to 17 Street to pickup people from where they live. Council said to wait and see what happens with the new bus route that Tom has talked about. Tom said it might be a few months. Council then asked Leslie, since it will take a few months, to call Kmart and ask again. 5. Ordinance 490 – Street Name Change Owen Street – Ricks Farm D2 to Derrald Avenue (Ron)*: Ron said the County has requested to make the name consistent. Upon his research, the plat shows Owen St., on the east side of Eagle Drive only, even though it has always been posted at Derrald. Ron said there are no addresses that will be affected by this. Tom Hunsaker, 2195 South Ammon Road said for future consideration only, that there are only three roadways in the City whose names end with Avenue that run east and west, otherwise, we are using the word avenue to designate a roadway that runs north and south. Someday we should change the names of Breanne, Derrald and Anne to end with Street instead of Avenue. Councilmember Slack motioned to approve Ordinance 490 changing the name of Owen Street to Derrald Avenue for the block that is mislabeled. Councilmember Coletti seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, and Councilmember Bean – Yes. The motion passed. Councilmember Coletti read Ordinance #490AN ORDINANCE CHANGING THE NAME OF THE STREET CURRENTLY NAMED OWEN STREET (WITHIN RICK’S FARM, DIVISION 2) TO DERRALD AVENUE; PROVIDING FOR AN EFFECTIVE DATE Councilmember Coletti motioned that the City Council dispense with the rule requiring the FOR THIS ORDINANCE. reading of the ordinance on three different days and that the three readings be waived. Councilmember Thompson seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, and Councilmember Kirkham – Yes. The motion passed. Councilmember Coletti read Ordinance #490 AN ORDINANCE CHANGING THE NAME OF THE STREET CURRENTLY NAMED OWEN STREET (WITHIN RICK’S FARM, DIVISION 2) TO DERRALD AVENUE; PROVIDING FOR AN EFFECTIVE DATE Councilmember Coletti motioned the adoption of Ordinance #490 as an ordinance of the City FOR THIS ORDINANCE. of Ammon on its third and final reading. Councilmember Thompson seconded. Roll Call Vote: Councilmember Coletti – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Slack – Yes, and Councilmember Kirkham – Yes. The motion passed. DISCUSSION ITEMS: 1. Utah Power & Light Franchise Agreement (Leslie/Bean)*: Councilmember Bean asked the Council, if they would like to move to a franchise fee. This is the only utility that the City does not have a franchise fee on. The contract says we can move to a franchise fee, at any time during the period of the agreement, to be consistent with all the utilities of the City. Councilmember Thompson asked what will happen if the City looks at partnering with Utah Power for the fiber. Leslie said Jennifer gave an example of a 3% franchise fee assessed upon 4000 residents each using an average of $100 of power per month would provide the City with the income of $144,000 annually to put back toward the streets. This is a conservative average. Councilmember Bean said he Council Minutes 10-21-10 Page 4 of 8 would like to put it toward a certain area and likes the streets. Councilmember Kirkham said other than the potential with fiber optics, why wouldn’t we do this. Councilmember Thompson said it is a tax on the residents. Councilmember Kirkham said we have it on all the other utilities and this would be fair and equitable. The streets are a pressing need and the City is perplexed how to pay for them. Councilmember Powell asked if the other revenues go into the general fund. Councilmember Bean said yes. Councilmember Kirkham said what about doing it next year to spread it out from the other increases. Council decided to keep it in the back of their minds and revisit it a year from now. Council discussed that the fee could be a variety of percentages ranging from 1% to 3%. Councilmember Bean said if you were to do a capital project for $3 million you could designate the th franchise fees to pay this back over a 20 year period of time. Councilmember Bean said you could look at 17 Street. Councilmember Powell said the interest rates are as low as you are going to get and the asphalt is as cheap as you can get it. Councilmember Bean said we could have the franchise fee pay for the improvement. Councilmember Thompson said this would help make everybody pay fairly for the roads. Councilmember Thompson asked if First Street was ready. Lance said it isn’t ready to go, due to the federal funding. First Street is the only one on the radar with BMPO. Councilmember Kirkham stated that we will need County participation, also, th which won’t happen at this time. Councilmember Kirkham asked if we could do 17 on our own, without IDT. th Lance thought the Council could possibly do 17 Street. Ron said there only a few areas that aren’t in the City. Councilmember Bean wondered if there was some way to pull the $200,000 from the general fund and $150,000 stth with this franchise fee to do 1 Street and 17 Street over a 20 year period of time. Councilmember Powell asked th about the new piece of equipment that can repair the roads and make our own base on 17. Lance said it would save some. Leslie asked if you could use the funds, to buy the equipment to repair the roads. Council was unsure. Lance said Jefferson County, Rexburg, and Madison County each have an asphalt chipper that can go up to 10 inches deep. It basically creates a new sub-base and creates a road. The asphalt zipper works on existing roads, but not for widening the roads or creating new roads. Lance said with road resurfacing that you sometimes need to look at the th water and sewer also. Lance said you would need a feasibility study to decide how many lanes are needed on 17 Street. Lance said studies can show that five lanes will be needed someday, but two lanes are adequate for now and more lanes can be added as demands increase. Councilmember Powell said a three lane, which includes a turn lane, would probably work. Councilmember Slack asked if you need more easements, for three lanes. Lance said you don’t currently have enough for three lanes. Lance said you need to perform a feasibility study before proceeding. Councilmember Bean asked Lance if he could do it. Lance said he could do some estimates, but he’s not in a position to say anything, since he has a vested interest as City engineer. Lance said he thinks PEC made the study on Sunnyside. Council asked Lance if he would get some cost estimates for how much it will take to make the th study. Council Powell asked what the cost was to do the strip by the railroad tracks on 17. Lance said it was close to $65,000 - $75,000. Ron said there will be a possibility of a requirement for railroad lights, if we widen the road. Lance said our half of John Adams was $150,000. Council decided they were interested and the Council needs to come up with a capital improvement plan. Councilmember Bean asked what a feasibility study accomplishes. Lance said they are designed to tell you current conditions and future conditions in 5, 10, and 15 years and provide the Council with a plan to show the public. It is a long term capital improvement plan for the street. Council said they would like to have a master capital improvement plan for the City for all streets. Councilmember Powell asked Council what they want Lance to th do. They asked Lance to find out what a master plan would cost and then what three lanes for 17would cost. Councilmember Bean asked Lance to see what Mountain River would charge. Lance said they do residential roads, but not major roads and they don’t go into the planning. Keller, Schiess, and PEC each do these. Lance would draft a RFP and see what it would cost. th Councilmember Bean asked Lance what right-of-ways we need on 17 Street. Ron said there are the three houses on the north side of the road. Leslie asked Councilmember Bean what to do on the franchise fee. Councilmember Bean said nothing right now; the Council just wants to look at the franchise tax for construction costs, but don’t worry about it now. 2. Misc: Lance asked about the Forsgren bill and how critically they would like him to review the bills. Councilmember Kirkham said the Council would like staff to be critical. Leslie said staff was unsure, since we were asked to stay away. Councilmember Kirkham said Council just doesn’t want the staff to call the Region, Council Council Minutes 10-21-10 Page 5 of 8 will call the Region. They want staff to bring issues to Council and Council will take the issues to the Region. Councilmember Kirkham will call Husk with the issues on the billing. Councilmember Slack said he has some issues he wants to discuss with Council concerning Ammon Days. He would like to send out requests for donations and booths now, when the companies are starting to do their budgets. Councilmember Slack said Bio Life has been a co-sponsor for the last two years and it is becoming difficult to distinguish between Ammon Days and Biolife Days. The City is appreciative of everything Biolife has done. The criticism is coming from other businesses and they are feeling overshadowed. He thinks it is a good idea to segment sponsorships and have the individual companies each sponsor a meal, etc. Councilmember Slack said the stage cost $2000, the dancers cost $2200 and he is unsure if the stage would be needed without the dancers. The meals cost $2200 for dinner, $1000 for lunch and breakfast was $1800. He would like the Council to think about some other major sponsors who could sponsor breakfast and really promote themselves during this period. They could have all of their people that they want there and have this time period for all their promotions. As he was talking about this to Bio Life, they want to be a co-event sponsor. They are not in favor of just being a portion of the event. Council said what if others don’t want to step up and we lose Biolife. Councilmember Slack said he doesn’t feel it will take that much more effort to solicit for other participation. The good thing would be more business involvement from the community. Councilmember Kirkham said she feels it is worth the gamble. Another issue for Biolife is that the dancers are David’s family from Biolife and Councilmember Slack would like to see other entertainment. He feels the dancers are so close to Biolife’s heart that these two issues create a limitation for Biolife. Councilmember Kirkham said when Ammon days originated it was to be a community affair. Councilmember Slack would like to eliminate the band and have local dance groups. He would also like to eliminate breakfast. Councilmember Bean said he is not in favor or eliminating breakfast. Councilmember Slack said participants could pay for enhancements like ice cream, coffee, etc. Councilmember Kirkham said this is supposed to a quaint community affair like Spud Day’s or the Teton Valley Rendezvous, where all of the people come together and celebrate the community. Councilmember Bean said all events have to have a peak time. You can’t continue to try and grow a better event year after year and it would defeat where we are trying to be as a city. Councilmember Slack said it’s hard to sustain where it is at and to keep growing is probably not where we want to be as a City. Councilmember Slack said most food vendors like costs to be covered. Council agreed to go with the new change of direction. Councilmember Kirkham said make sure the advertising still states free, although some enhancements will have a charge since the public won’t be used to needing money. Councilmember Slack said they will look at three meals, but if funds are not coming in he would drop the breakfast. Councilmember Thompson and Councilmember Bean said they are in favor of lunch being dropped, not breakfast. Council doesn’t want to keep having the same acts every year. Leslie informed the Council of a great pianist on the City’s staff. Council stated the City has many talented people throughout the community. Ammon Day’s is set for the first Saturday in August. Scott arrived 8:30 p.m. Councilmember Slack informed the Council that a bill has been received for 2 years of membership fees from Quail Ridge for 2 lots the City owns. The total bill is $900.00 in dues. Leslie asked Council about the length of time of ownership of the land and she thinks it has only been since April 2010. Leslie said she wasn’t aware of how to handle it. Councilmember Powell said he will talk to Adam Serr of the homeowners association. Scott said one of the lots the City is selling and the other one, Lot 10, is the park lot. Ron said Lot 10 is the drainage park that the City is trying to develop. Council said we won’t pay for the park lot. Councilmember Powell will talk to Adam and let Leslie know. Councilmember Bean asked about the Quail Ridge water rights. Scott thinks the City received less than 50%. Councilmember Kirkham said the City was just trying to do a public service. Councilmember Coletti asked about any further billings for this. Ron will check with Roger and see if there are any more billings to come on this. Councilmember Kirkham asked if the letter had been sent to the City of Idaho Falls about the MOU for dispatch and if we had heard back from them. Leslie said it had been sent, but no word back. Councilmember Bean said Sam had talked with Chief Roos and there shouldn’t be any problem. Councilmember Kirkham reported on the trip to Boise to meet with DEQ, however, there was no reduction of the interest rate. There is a discrepancy between the City’s high income and low income. It all comes down to median income and the City doesn’t qualify, but we could if we charged $74 each for water and sewer. Idaho Falls will get their $18 million at 1 ¾% based on submittal timing. DEQ tried hard to come up with a Council Minutes 10-21-10 Page 6 of 8 resolution and would extend the terms of our loan to 30 years with raising the interest ¼%, which could save $5 per month per customer. The Council decided they will discuss this later. Councilmember Kirkham said does the City want to be fiscally responsible and pay it off in the shortest amount of time which creates a hardship for the patrons, or do we extend the terms knowing that it will cost more in the end. Another possibility is applying for an additional $8 million dollars at 1 ¾% interest, then close out the remaining $5 million on the money we already have. Councilmember Powell said the only issue is if you close out that loan, then you start paying within 6 months. DEQ won’t budge on the water, which is at 3%. Councilmember Powell talked with Ted and the bond attorney and there is a provision allowed in our ordinance that the City could go to 30 years, however, there is an issue with the Idaho statute that keeps us from going over 20 years. DEQ requested we get with our congressional member to sponsor a bill in the upcoming legislative session, which they would help back, to raise it to 30 years. The 20 year statute was in there, because when it was written projects were smaller and 20 years would accommodate them. Leslie said a downside to a 30 year loan is the City will probably need further capital improvements on the system after 20 years. th Councilmember Coletti requested the newsletter submissions are into him by November 4. Leslie asked Council if it was alright to turn off water to Turtle Bay. Council concurred. Leslie informed the Council that ICRMP is up for renewal and they now offer terrorist insurance at $13,200 for the year. Council said no to the terrorist insurance. Ron sent an email to Council. Councilmember Kirkham said everyone had read the email and doesn’t feel they need to discuss it. Councilmember Kirkham said the Council knows that they always have to be fair and equitable. Scott said Ron’s concerns were, if there were commitments made. He feels that Lennis walked away from the meeting believing commitments had been made. Ron said we could charge him less, for his 20,000 square footage, because Maverik has twice as much acreage, but we can’t charge differently per square foot. Councilmember Kirkham asked how we get around not charging for the one corner. Ron said we always do it at the time of development. We charged Gary Ratliff and he paid $62,500 at development time for the Walgreen’s lot, plus $62,500 for the lot directly east that is in the County, we can do this at development time, but we have to be fair. Scott said his concern is if there was not a commitment. He feels a letter should go out saying the Council has made no commitment one way or the other and our standard practice is to do the following. Councilmember Slack said he thought it was clear that no commitment was made and the City won’t subsidize his development. Ray reported Lennis said he is going to send a letter to the City wanting to know the formula that the City uses, so the family will know what it will cost the family. Scott said different types of facilities require different type of infrastructure. Councilmember Kirkham said when it occurs is also a factor. Scott felt that Ron could write the letter. Scott said Lennis might be antagonized, but Maverik also could be antagonized. Scott said Lennis owns non- contiguous lots on Ammon Road and we don’t know what will happen in the future. Councilmember Slack said what is there to stop an owner from breaking a lot into smaller lots to avoid having to help pay for a traffic light. Scott said you could look at an LID in the future. Councilmember Thompson said Lennis wants an advantage over those who sold their house to Maverik. Councilmember Kirkham said you typically sell the land, come in for development and the City says this is what it will cost to develop. 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 Kirkham motioned to move into executive session pursuant to Idaho Code 67- 2345 (1-b and 1-f). Councilmember Bean seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, Councilmember Coletti – Yes, and Councilmember Slack – Yes. The motion passed. The meeting adjourned at 8:52 p.m. Council Minutes 10-21-10 Page 7 of 8 _____________________________________ Steve Fuhriman, Mayor __________________________________ Leslie Folsom, City Clerk Council Minutes 10-21-10 Page 8 of 8