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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 Book 26 Page 96 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 Book 26 Page 97 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: Book 26 Page 98 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. Book 26 Page 99 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