HomeMy WebLinkAbout1985-06-10city council minutesBook 26
REGULAR MEETING
June 10, 1985
12 :00 Noon
The Meeting was called to order by Mayor McCluskey.
Page 95
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: Mallea, Marcus, Cowles, Carter, and Norman.
Absent: Raymond.
(AUDIENCE PARTICIPATION)
The Mayor asked if there was anyone in the audience who cared to
bring anything before the City Council that was not on the
prepared Agenda. As there was no one, the Mayor declared that
the Meeting would continue as outlined.
OLD BUSINESS
(SECOND READING OF BILL NO. 11 - AMEND CODE REGARDING DOGS AND OTHER
ANIMALS)
The Mayor stated that the first item on the Agenda under Old
Business was the second reading of Bill No. 11. Copies were
distributed to the members of the City Council at the last
meeting and the Mayor asked if the Council wanted to take action
on the Bill at this time.
Councilwoman Mallea said that she had read the Bill over and as
she understood it, there has been no comments received from the
public in opposition to the changes. It was then MOVED by
Mallea, SECONDED by Cowles to suspend the rule requiring that a
Bill be read at three separate times and that Bill No. 11 be read
by title only and passed after the second reading.
Roll call vote. Those voting yes: Mallea, Marcus, Cowles,
Norman, and Carter. Those voting no: none. Absent and not
voting: Raymond.
MOTION CARRIED
The Mayor then read Bill No. 11 by title only as follows:
AN ORDINANCE TO AMEND TITLE IX, CHAPTER 2, SECTION 9 AND SECTION
32 (A) OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF
CANYON, STATE OF IDAHO WHICH PERTAINS TO DOGS AND OTHER ANIMALS
BY DELETING AND ADDING CERTAIN LANGUAGE WITH REGARD TO KENNEL
LICENSES REQUIRED AND ANIMALS: REPEALING ALL ORDINANCES,
RESOLUTIONS, OR PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Mallea, SECONDED by Norman that Bill No. 11 be passed
and entitled Ordinance No. 1696.
Roll call vote. Those voting yes: Mallea, Marcus, Cowles,
Norman, and Carter. Those voting no: none. Absent and not
voting: Raymond.
MOTION CARRIED
(REPORT ON VACATION OF UNNAMED STREET - RUSSI AND NISHITANI)
The Mayor requested that Mrs. Robison, Planning and Zoning
Director, report with regard to this vacation.
Mrs. Robison informed the Mayor and City Council that they have
been experimenting with plans that would serve both properties.
One plan seemed to be the best and it was discussed with both Mr.
Russi and Mr. Nishitani. Both Mr. Russi and Mr. Nishitani seemed
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to be in agreement to try to arrive at a solution that would
benefit both of their problems. Mr. Russi was not in a great
hurry for development as he was waiting for the sewer project on
the hill. Both agreed that they would postpone any decision or
agreement on the property for a while. Mrs. Robison stated that
she was reporting on this issue as it had been a month since it
was presented to the City Council. At that time a decision was
made to postpone for a month.
The Mayor stated that a decision would be delayed until Mr. Russi
and Mr. Nishitani could agree on a solution to the problem.
(RECONSIDERATION OF BID ON RESTROOM AT FAIRVIEW GOLF COURSE)
The Mayor read the following letter addressed to the Mayor and
City Council:
The Caldwell Golf Board would appreciate if you would
reconsider building a restroom at Fairview Golf Course.
The Board didn't have the information on this, but after
discussing this Wednesday morning, June 5th with the Finance
Committee and Council President Pat Mallea, we find that we
can use the funds from Purple Sage Account No. - 76.1, Tee
Mower - $12,000.00 from Revenue Sharing. This would pay for
the restroom,
/s/ Laura Gamboa, Chairperson of the Golf Board
Councilman Norman informed the Council that the discussion
included the possibility of using monies from Purple Sage and not
cut the budget so slim on Fairview. By using this money that was
already dedicated for an item that can be delayed, the restroom
at Fairview could be built. The Contractor has agreed that he
could go ahead with both restrooms. It was Councilman Norman's
recommendation that reconsideration be given on the bid for the
restroom at Fairview Golf Course.
MOVED by Norman, SECONDED by Cowles that the low bid from gave
Allen Construction in the amount of $11,265.00 be accepted for
the restroom at Fairview Golf Course and that the monies be used
from Purple Sage Account 76.1.
Councilwoman Mallea gave a brief explanation as to the confusion
that ensued during the last City Council Meeting. There seemed
to be a lack of communication and confusion with regard to the
bid, but it was felt that everyone understood at this time.
Roll call vote. Those voting yes: Norman, Carter, Mallea,
Marcus, and Cowles. Those voting no: none. Absent and not
voting: Raymond.
MOTION CARRIED
(STATUS OF THE 9 -1 -1 PROGRAM)
The Mayor read the following report from Councilman Raymond who
attended the meeting concerning the 9 -1 -1 Program:
A meeting was held Thursday evening, June 6th, concerning 9 -1 -1.
All areas of the County were represented including Cities, Fire
Districts, Emergency Services, Sheriff's Office and County
Disaster Serivices. A five member Advisory Body was selected and
Jack Raymond will be the Council member. The terms of each
member will be established at a later meeting of the five member
committee. Darrel Hockett has the names of the other
representatives. The meeting was very positive, but all had the
same concern that was expressed by Jack Carter's question
regarding funding. We were assured that the County is budgeting
for the necessary dispatchers (9) and that the equipment costs
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are provided for. A more complete report can be given on this
following the five member committee meeting. Glen Koch is also a
member of the committee.
The Mayor stated that no action needled to be taken at this time,
but at some time he would like to have the City Council take
action by stating that they will support the concept but will not
support any increased costs to the City.
(RESOLUTION DESIGNATING ROTARY LAKE)
The Mayor stated that he would like to delay presentation of this
Resolution as the City Attorney had some corrections he would
like to make. Hopefully, it will be ready for the next Regular
Meeting.
NEW BUSINESS
(RESOLUTION ON AG LEASE WITH DARWIN McKAY)
The Mayor explained that this Lease was changed from last year's
primarily because of the fact that those who took care of the
weed control were not the same as those having the Ag Lease. The
Resolution was then read as follows:
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
LEASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND DARWIN
McKAY.
BE IT RESOLVED That the Mayor and City Clerk of the
City of Caldwell be, and the same hereby are, authorized to
execute that certain Lease Agreement attached hereto and
made a part hereof as if set forth in full by and between
the City of Caldwell as Lessor and Darwin McKay as Lessee
for the purpose of growing grass sod and other agricultural
crops at Caldwell Industrial Airpark.
MOVED by Carter, SECONDED by Norman that the Resolution
authorizing the execution of the Lease Agreement with Darwin
McKay be passed.
Roll call vote. Those voting yes: Carter, Mallea Marcus,
Cowles, Norman, and Carter. Those voting no: none. Absent and
not voting: Raymond.
MOTION CARRIED
(COMMITTEE REPORTS)
Councilwoman Mallea informed the other members of the Council
that there was now a Caldwell Police Department Policy Manual.
Copies would be available in the mayor's Office and the Personnel
Officer will have a copy.
She also stated that there was to be a dedication of the new flag
pole at the Police Station. This would be on Thursday at 3:00
p.m. The pole was being donated by the Anderson family in memory
of Ralph Anderson who built the Police Department building in
1943.
Councilman Carter asked if there was any report as to the
proceeds received from the auction held last weekend. Mrs.
Talley stated that the information has not been forwarded from
the auctioneers as yet.
The Mayor stated that he would like to have the City Council take
some action with regard to a letter of recommendation that was
submitted to the City Council from Councilman Carter. The letter
was as follows:
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Since the Mayor and most of the City Council members don't
agree that the property will bring the appraisal price, some
positive action should be taken to produce a sale at the
highest possible price. The appraisal price is based on two
statements made in the appraisal report:
1. Purpose of appraisal.
To provide the Caldwell City Council with
supportable value data for a probable selling price of the
subject property if offered for sale on the Open Market as
of date of appraisal.
2. Definition of value.
For the purpose of this appraisal, the most
appropriate definition of value is that if "most probable
selling price ", which is defined as: That price at which a
property would most probably sell if exposed to the market
for a reasonable time under market conditions prevailing as
of the date of the appraisal.
In my opinion, the property has not been adequately exposed
to the market place for a reasonable length of time to
determine the highest price obtainable.
"Reasonable time" is subjective and will vary depending on
conditions. In a "Hot" market, 30 days could be a
reasonable time and in a "Down" market, a year may not be
enough time.
Therefore, my suggestion is to expose the property to the
open market and through local brokers and commercial brokers
in the valley by an "'Open Fisting Letter offering to pay a
fee for sale of property. Said fee scaled to the selling
price. See attached.
Said letter should contain terms and conditions of sale such
as, but not limited to, written agreement of sale, no
contingencies, all cash at closing, buyer be "ready, willing
and able" to close the transaction and any other terms as
you or the Attorney see fit.
We need wording to the effect that we will be obligated to
one fee only.
The attachment to this letter was as follows:
Any of these sale prices less brokerage fees would net more
dollars to the city than current thinking believes can be
obtained. If no offers are produced by this method, we are
out only more time and clerical and postage costs.
Sale Price Fee
$235,000.00
Appraisal
$ 25,000.00
234,999.00
- 225,000.00
23,000.00
224,999.00
- 215,000.00
19,000.00
214,999.00
- 205,000.00
15,000,00
204,999.00
- 195,000.00
11,000.00
194,999.00
- 185,000.00
8,000.00
Or start with a 10% fee for appraisal. price and reduce
percentage to for each $10,000.00 or portion thereof less
than appraisal price with no fee paid for offers less than
$185,000.00.
Councilman Carter further said that his recommendation would be
to send out an open listing letter to all of the local brokers
and to the commercial brokers in Boise for a period of 90 days
and see what kind of response the City could get from them for
the sale of the property. The attachment contained a sliding
commission scale or a sliding fee depending on the sale price.
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MOVED by Norman, SECONDED by Mallea to accept the recommendation
of the flat fee as indicated by Councilman Carter with the
possibility of selling the old City 11all.
Councilman Carter further said that a draft .letter should be
prepared and then have the City Attorney approve it before
sending out.
MOTION CARRIED
Councilman Norman reported that he met with the Golf Board and
that meeting was already discussed.
Councilwoman Marcus stated that she attended the Library Board
meeting along with Councilwoman Mallea. Grants were discussed
extensively as well as the Whittenberger request. They were
planning a float for the Fourth of July. Their book sale was a
success. Some clarification had to be secured as to whether
Family Scanners were covered by the Library's insurance and if
not, how this collection should be insured.
(MAYOR'S COMMENTS)
The Mayor reminded the City Council of the ground breaking for
the new Chamber of Commerce building on June 20th at 11:30 a.m.
at J. C. Park. They were hoping to make it a special function.
The Mayor also stated that he would like to appoint the same
Committee from last year for the Firemen's Negotiating Committee.
This would be Councilman Norman and Councilman Carter. The Mayor
further said that something would have to be done immediately
with regard to the Federal guidelines and the comp time.
There was a meeting today for the purpose of the appraisers on
the airport property. Mr. Hosac would be here and members of the
City Council who were interested should plan to be in
attendance.
There being no further business, the meeting was adjourned at
12:30 p.m.
written
APPROVED AS
June , 1985.
Councilperson
Co
17th
THIS DAY
avnr
OF
Ceuncilperson
ATTEST:
City Cler