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HomeMy WebLinkAbout1985-03-19city council minutesBook 26 REGULAR MEETING March 19, 1985 7:30 p.m. The Meeting was called to order by Mayor McCluskey. Page 45 The Mayor requested that everyone stand and give the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Marcus, Norman, and Carter. Absent: Mallea, Cowles, and Raymond. The Mayor pointed out that there was not a quorum present so it would be impossible for the City Council to take any action at this meeting. There was a Public Hearing scheduled for this meeting which would proceed as advertised. Other items on the Agenda that required Council action would be delayed until the next Regular Meeting. Approval of the minutes was delayed and the Mayor then asked if there was anyone from the audience who cared to bring anything before the City Council that was no on the prepared Agenda. As there was no one, the Mayor declared that the meeting would continue with the Public Hearing. (PUBLIC HEARING ON THE VACATION OF A PART OF CEDAR STREET) The Mayor stated that two names were submitted to speak with regard to this vacation. Mrs. Robison, the Planning and Zoning Director, then gave a short preliminary explanation on this request. Mrs. Robison informed the City Council that she did receive a petition that was presented to the City from Mr. Gigray requesting that the City vacate four feet of right of way. There was a house at 1409 Cedar that encroaches three feet onto the right of way. Their request was that four feet be vacated. As background information, Mrs. Robison stated that Cedar Street was dedicated to the City for street purposes in the Mountain View Addition Plat in 1907. A fifty foot right of way was established at that time. It was apparent that the street dedication predates the house construction and especially the addition portion that extends onto the right of way. The house, as best as can be ascertained, was built in the 1950s. The street was improved in 1963 under a Local Improvement District. No date has been established for the addition,, but they are assuming that it came sometime after that. The City has offered an encroachment permit to allow the residence to remain on the right of way, but this was not acceptable to the lending institutions. The options then are to vacate or to remove the encroaching portion of the residence. Mr. Gigray, III, Attorney for the owner has indicated that Mr. Martin is financially unable to remove the encroaching portion and cannot refinance because of the encroachment. Mrs. Robison further said that all members of the City Council had a copy of the recommendation as made by the Planning and Zoning Commission. The Mayor then declared the public hearing open and ask if Mr. Gigray, III would care to address the City Council with regard to this issue. Mr, Gigray approached the podium and for purposes of the record stated that his name was William F. Gigray, III, Attorney practicing in the State of Idaho and was representing the petitioners, Donald and Barbara Martin. Mr. Gigray further said that his representation of the Martins began not just for the purpose of filing this petition, but in representing them concerning some problems they were having with their home which is located at 1409 Cedar Street in Caldwell, The Martins attempted to refinance the home due to financial problems they were having. They are purchasing the home on a contract of sale from some persons by the name of Kinley. They have paid this down to somewhere in the neighborhood of $7,500 balance and the original purchase price was about $25,000. The Martins wanted to Book 26 Page 46 be able to use the equity that they have built in their home as security which was the only security that they would have to offer lending institutions to allow them to refinance to meet obligations which they were in need to meet. Mr. Martin was on Social Security Disability and being on a fixed income did not put them in a position where they could increase their income by any immediate changes in their circumstances. Therefore, they ask him to represent them to determine whether or not they could get financing. The lending institution required that an appraisal be made of the property and this was how it was discovered that there was a three foot encroachment on the City's right of way for Cedar Street. The appraiser reported this to the lending institution and as a result, they refused to loan the money to the Martins. Mr. Gigray further stated that he requested that Mr. Hurst, the appraiser, put his findings in a letter because it was hoped they could negotiate with the sellers of this property on the contract of sale to see if there was a remedy against them for the problem his client now faced. The Martins have not built anything on the property; the property was the same as when it was purchased from the Kinleys. Mr_ Gigray further explained that there was correspondence with the Kinley's Attorney, copies of which were given to the Council members. it appears that a lawsuit against the Kinleys would be fruitless and expensive since the addition was built before the Kinleys took possession. Mr. Gigray explained at some length the particulars involved in this issue. The tape of the full testimony is on file with the City Clerk of the City of Caldwell. Mr. Gigray did read two letters that he ask be made a part of the permanent record. They were as follows: ATTN-. William F. Gigray III Dear William, In regards to your letter dated March 13, 1985, the following should be noted. United First Federal's policy would not be to refinance any real property that would have an encroachment problem concerning its improvements for the following reasons. An extended ALsTA title committment that would accompany this loan package would show the encroachment, placing a cloud on said property. This problem would have to be eliminated before said loan request could proceed. All real estate loans written by United First Federal for the aove purpose are sold on the Secondary Market and because of the problem mentioned, this property is unmarketable and therefore the loan would not be granted. If you have any questions, please feel - free to contact this office. /s/ Terry Durbin, Loan Officer of United First Federal The second letter was as follows: After reviewing the available information on the above referenced property, it appears that the three foot encroachment of the dwelling onto City street right of way would create a problem of obtaining an adequate lenders `- title policy insuring Home Federal from loss arising from the encroachment. In view of this information, it is unlikely that Home Federal would be able to provide financing under our real estate loan program using that specific property as collateral. Book 26 Page 47 /s/ Roger D. Eisenbarth, Manager of Home Federal Savings Mr. Gigray stated that it appeared to him, after reviewing all information, that the only possible solution to his client's problem would be for the City to consider vacating a portion of Cedar Street lying adjacent to his client's property so that portion of the house would not be on the right of way and therefore, relieving the problem. Mr. Gigray presented several pictures of the house and surrounding area to the members of the City Council. After Mr. Gigray's presentation, Mr. Don Martin was recognized and gave his testimony with regard to his home at 1409 Cedar Street. His comments are also on tape in the Office of the City Clerk. Mr. Martin did explain to the Council how he carried the petition around his neighborhood for signatures and requested that the City Council give consideration to their request for the vacation. Mr. Martin also answered several questions from the City Council. The Mayor then closed the Public Hearing and informed Mr. Martin and his Attorney that he was in favor of granting this request for a vacation of a portion of Cedar Street. He also stated that he felt those members of the City Council present were also in agreement. Those members of the City Council that were absent would have a tape available to hear the testimony when they return. The Mayor further said that there would be no action taken at this time, but that an Ordinance would be prepared for the vacation. (SCHEDULE MEETING FOR STREET PROJECTS) The City Engineer informed the City Council and the Mayor that he would like to set a meeting sometime during the week of the 25th of March to finalize what the City wants to do with regard to street projects. He pointed out that the Council was taking a tour on the 22nd and he would suggest that a meeting be held after that tour. The Mayor stated that the street projects could be discussed in conjunction with the March 26th meeting at noon. (REVIEW OF STATE SURPLUS PROPERTY AVAILABLE) The City Engineer also stated that they discussed with the State Land people the various parcels of land that were available and would be of value to the City similar to the one purchased a few weeks ago. Prices for five other parcels were received from the State; some insignificant, but some that would be very compatible with other properties the City had. It was decided by the City Council that this properties would be pinpointed for the benefit of the City Council during the site tour they were planning on the 22nd of March. (RESIGNATION FROM THE AIRPORT COMMISSION) The Mayor read a letter of resignation from Bill Keys from the Airport Commisssion. The Mayor stated that action on this resignation would have to be delayed until the next City Council Meeting. (REMINDER TO CITY COUNCIL OF SITE INSPECTION) The Mayor reminded the City Council of the site inspection at 9:00 a.m. on Friday, the 22nd of March. (FINANCIAL REPORT) Councilman Norman commented that the report could not be approved due to the lack of a quorum. He did want approval from the City Council for the purchase of a tractor at the Cemetery. The Mayor stated that he did not believe that this took Council action as it was a budgeted item. Book 26 Page 48 Councilman Norman informed the Council that it was budgeted and was a tractor that the Department wanted to buy from Massey Ferguson to use at the Cemetery. It was put out for bid and the cost came in lower than was budgeted. (COMMITTEE REPORTS) Councilman Norman informed the City Council that he met with the Golf Board and this year the golf courses were getting off to a good start. They were about fifteen percent above last year for the first quarter. The redmodeling was completed at Fairview and all of the equipment was ready for the spring work. Councilwoman Marcus said that she attended the Library Board meeting recently. They have received information as to the cost of putting in new doors, are checking on the heating system, looking at repairs to the sidewalk, have a new light pole, and they now have a new copy machine. Councilman Carter stated that he met with the Senior Citizen's Commission the day before. It was decided that they would put in an alarm system at the facility due to the recent breakin. The plans were being prepared for the addition. Councilman Carter suggested that the Financial Report be presented and then have the Clerk poll the other members of the City Council for their approval. (FINANCIAL REPORT) Councilman Norman then reported that there was bills in the amount of $293,652.97. A payroll of $218,066.06 making a grand total of $511,719.03. The Finance Committee met and went over all of the bills and it was their recommendation that the bills be paid. All members of the City Council that were present; Marcus, Norman, and Carter agreed to approval of the Financial Report. Other members of the City Council would be polled so that the bills could be sent out. (MAYOR'S COMMENTS) The Mayor informed the City Council that the Vaudeville Show was coming along very well. The Mayor further said that he was planning on calling an Executive Session at this time, but would not do so because of the lack of a quorum. He also reminded the City Council of the retirement party for Allen Records on Friday at 3:00 p.m. There being no further business, the meeting was adjourned at 8:15 P.M. APPROVED AS writte March 1985. C math Cl Co 'Heilman = Councilman ATTEST: DAY OF " > L City C erX C-�c THIS 26th