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HomeMy Public PortalAboutSigned Resolution 2-2019RESOLUTION NO. Z.-2019 BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEW AL AGENCY OF THE CITY OF McCALL, IDAHO: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEW AL AGENCY OF THE CITY OF McCALL, IDAHO, ALSO KNOWN AS THE McCALL REDEVELOPMENT AGENCY, RECOMMENDING AND ADOPTING THE URBAN RENEW AL PLAN FOR THE DOWNTOWN WEST URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING AND DIRECTING THE CHAIR OR VICE-CHAIR OF THE AGENCY, OR THE AGENCY ADMINISTRATOR, TO TAKE APPROPRIATE ACTION; AUTHORIZING AND DIRECTING THE AGENCY ADMINISTRATOR AND SECRETARY OF THE AGENCY TO MAKE CERTAIN TECHNICAL CHANGES; PROVIDING FOR THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal Agency of the city of McCall, Idaho, also known as the McCall Redevelopment Agency, an independent public body, corporate and politic, authorized under the authority of the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"), a duly created and functioning urban renewal agency for McCall, Idaho, hereinafter referred to as the "Agency." WHEREAS, the City Council ("City Council") of the city of McCall, Idaho (the "City") by Resolution No. 6-90, adopted May 10, 1990, found that deteriorating areas exist in the City, therefore, for the purposes of the Law, created an urban renewal agency pursuant to the Law, authorizing the Agency to transact business and exercise the powers granted by the Law and Act upon making the findings of necessity required for creating said Agency; WHEREAS, the Mayor has duly appointed the Board of Commissioners of the Agency (the "Agency Board"), which appointment was confirmed by the City Council; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the 1990 Urban Renewal Plan for the Railroad Avenue Area (the "Railroad Avenue Plan"); WHEREAS, following said public hearing the City Council adopted its Ordinance No. 578 on December 13, 1990, approving the Railroad Avenue Plan and making certain findings; RESOLUTION NO.~-2019 -1 WHEREAS, the City Council, after notice duly published, conducted a public hearing on the 2006 Updated Urban Renewal Plan (the "Amended Railroad Avenue Plan''); WHEREAS, following said public hearing the City Council adopted its Ordinance_ on October_, 2006, approving the Amended Railroad Avenue Plan and making certain findings; WHEREAS, the Railroad Avenue Plan, as amended, and its project area is referred to as the Existing Project Area; WHEREAS, pursuant to Idaho Code Section 50-2008, an urban renewal project may not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; WHEREAS, Idaho Code Section 50-2906, also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan is a deteriorated area or deteriorating area; WHEREAS, based on inquiries and information presented, the Agency commenced certain discussions concerning examination of an additional area as appropriate for an urban renewal project; WHEREAS, in 2018, the Agency authorized Kushlan Associates, to commence an eligibility study and preparation of an eligibility report concerning an area located generally in the City's central business district and extending south, encompassing the commercially zoned properties on both sides of 3rd Street to Deinhard Lane. The geographic area studied is commonly referred to as the "Study Area"; WHEREAS, the Agency obtained the Eligibility Report, dated June 2018 (the "Report"), which examined the Study Area for the purpose of determining whether such area was a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, pursuant to Idaho Code§§ 50-2018(9) and 50-2903(8), which define a deteriorating area and a deteriorated area, many of the conditions necessary to be present in such an area are found in the Study Area; WHEREAS, the effects of the listed conditions cited in the Report result in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, constitutes an economic or social liability, and is a menace to the public heath, safety, morals, or welfare in tis present condition or use; WHEREAS, the Agency Board, on June 19, 2018, adopted Resolution No. 01-2018 accepting the Report and authorized the Agency Chair to transmit the Report to the City Council RESOLUTION NO. -2019 - 2 \. requesting its consideration for designation of an urban renewal area and requesting the City Council to direct the Agency to prepare an urban renewal plan for the Study Area, which plan may include a revenue allocation area as allowed by the Act; WHEREAS, the City Council, by Resolution No . 18-14, dated June 28, 2018, declared the Study Area described in the Report to be a deteriorated area or a deteriorating area as defined by Chapters 20 and 29 of Title 50, Idaho Code, as amended, that such area is appropriate for an urban renewal project and directed the Agency to commence preparation of an urban renewal plan for the area designated; WHEREAS, the Agency has embarked on an urban renewal project referred to as the Urban Renewal Plan for the Downtown West Urban Renew'!-1 Project ("Downtown West Plan") to redevelop a portion of the City, pursuant to the Law and the Act, as amended; WHEREAS, the Downtown West Plan proposes to create an urban renewal area commonly known as the Downtown West Project Area, which area is shown on the Project Area and Revenue Allocation Boundary Map and generally described in the Description of the Project Area and Revenue Allocation Area, which are attached to the Downtown West Plan as Attachments 1 and 2 respectively; WHEREAS, the area included in the Downtown West Project Area is smaller than the Study Area assessed in the Report; WHEREAS, in order to implement the provisions of the Act and the Law either the Agency may prepare a plan, or any person , public or private, may submit such plan to the Agency; WHEREAS, the Agency has prepared the proposed Downtown West Plan for the area previously designated as eligible for urban renewal planning; WHEREAS, the Act authorizes the Agency to adopt revenue allocation financing provisions as part of an urban renewal plan ; WHEREAS, the Downtown West Plan also contains provisions of revenue allocation financing as allowed by the Act; WHEREAS, in order to implement the provisions of the Law and the Act, the Agency shall prepare and adopt the Downtown West Plan and submit the Downtown West Plan and recommendation for approval thereof to the City; WHEREAS, as required by the Law and the Act, the Agency has reviewed the information within the Downtown West Plan concerning the use of revenue allocation funds and approved such information and considered the Downtown West Plan at its meeting on August 19, 2019; RESOLUTION NO. -2019 -3 WHEREAS, the Agency Board, at several Agency Board meetings and joint work sessions with the City Council during 2019, has considered public improvements related to the Downtown West Project Area; WHEREAS, the Downtown West Plan will be tendered to the Planning and Zoning Commission and to the City for their consideration and review as required by the Law and the Act; WHEREAS, under the Act, the Downtown West Plan shall include with specificity the following: (1) a statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) a statement listing the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) an economic feasibility study; (4) a detailed list of estimated project costs; (5) a fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds are repaid, upon all taxing districts levying taxes upon property in the revenue allocation area; and (6) a description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) a termination date for the plan and the revenue allocation area as provided for in Idaho Code§ 50-2903(20); and (8) a description of the disposition or retention of any assets of the agency upon the termination date; WHEREAS, it is necessary and in the best interests of the citizens of the City to recommend approval of the Downtown West Plan and to adopt, as part of the Downtown West Plan, revenue allocation financing provisions that will help finance urban renewal projects to be completed in accordance with the Downtown West Plan in order to (1) encourage private development in the urban renewal area; (2) to prevent and arrest decay of the Downtown West Project Area due to the inability of existing financing methods to provide needed public improvements; (3) to encourage taxing districts to cooperate in the allocation of future tax revenues arising in the Downtown West Project Area in order to facilitate the long-term growth of their common tax base; (4) to encourage the long-term growth of their common tax base; (5) to encourage private investment within the city and (6) to further the public purposes of the Agency; WHEREAS, the Agency Board finds that the equalized assessed valuation of the taxable property in the revenue allocation area described in Attachments 1 and 2 of the Downtown West Plan is likely to increase as a result of initiation of urban renewal projects in accordance with the Downtown West Plan; WHEREAS, under the Law and Act, any such plan should provide for (1) a feasible method for the location of families who will be displaced from the urban renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan should conform to the general plan of the municipality as a whole; (3) the urban renewal plan should give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of the children residing in the general vicinity of the site covered by the plan; and ( 4) the urban renewal plan should afford RESOLUTION NO. -2019 - 4 maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; WHEREAS, if the urban renewal area consists of an area of open land to be acquired by the urban renewal agency, such area shall not be so acquired unless (1) if it is to be developed for residential uses , the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health , safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality, or (2) if it is to be developed for nonresidential uses , the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with s ound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this act, because of defective or unusual conditions of title , diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site; economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area; WHEREAS, the base assessment roll of the proposed Downtown West Project Area, together with the base assessment roll values of the Existing Project Area, cannot exceed ten percent ( 10 %) of the current assessed values of all the taxable property in the City; WHEREAS, Agency staff and consultants recommend the Agency Board accept the Downtown West Plan and forward it to the City Council; WHEREAS, the Agency Board finds it in the best interests of the Agency and the public to formally adopt the Downtown West Plan, as set forth in Exhibit 1 attached hereto, and to forward it to the Mayor and City Council, and recommend its adoption , subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEW AL AGENCY OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. That the above statements are true and correct. Section 2. It is hereby found and determined that the Downtown West Project Area as defined in the Downtown West Plan is a deteriorated area or a deteriorating area as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law. RESOLUTION NO. -2019 - 5 Section 3. That the Agency specifically adopts the Downtown West Plan along with any changes discussed at the August 19, 2019, Agency Board meeting, including but not limited to confirmation of levy rates, impacted taxing districts, updated list of projects, estimated location or siting of improvements, updated map or legal description and any modifications to the financial analysis previously prepared by Agency consultant, Phil Kushlan, Kushlan Associates. Section 4. That the Agency recommends that the Downtown West Plan, a copy of which is attached hereto as Exhibit 1, and incorporated herein by reference, be adopted by the City Council, including those sections, modifications, or text, or replacement of attachments as discussed at the August 19, 2019, Agency Board meeting. Section 5. That this Resolution constitutes the necessary action of the Agency under the Act, Idaho Code§ 50-2905, recommending approval by the City and that the Downtown West Plan includes with specificity the following: (1) a statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) a statement listing the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) an economic feasibility study; (4) a detailed list of estimated project costs; (5) a fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds are repaid, upon all taxing districts levying taxes upon property in the revenue allocation area; and (6) a description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) a termination date for the plan and the revenue allocation area as provided for in Idaho Code§ 50-2903(20); and (8) a description of the disposition or retention of any assets of the agency upon the termination date. Section 6 . It is hereby found and determined that: (a) The Downtown West Plan gives due consideration to the provision of adequate park and recreation areas and facilities that may be desirable for neighborhood improvement (recognizing the commercial and mixed-use components of the Downtown West Plan and the need for public improvements), and shows consideration for the health, safety, and welfare of any residents or businesses in the general vicinity of the Downtown West Project Area covered by the Downtown West Plan. (b) The Downtown West Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation, development and redevelopment of the Project Area by private enterprises. ( c) The Downtown West Plan provides a feasible method for relocation of any displaced families residing within the Downtown West Project Area. (d) The portion of the Downtown West Project Area which is identified for residential uses is necessary and appropriate as there is a shortage of RESOLUTION NO. -2019 - 6 .. housing of sound standards and design which is decent, safe and sanitary in the City; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the are a and the shortage of decent, safe and · sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals , or welfare ; and that the acqui sition of the area of residential uses is an integral part of and essential to the program of the City. ( e) The portion of the Downtown West Project Area which is identified for non-residential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the Comprehensive Plan to overcome economic disuse, the need for improved traffic patterns and the need for the correlation of this area with other areas of the City. (f) The base assessment roll of the proposed Downtown West Project Area, together with the base assessment roll values of the Existing Project Area, do not exceed ten percent ( 10 %) of the current assessed values of all the taxable property in the City. (g) The Downtown West Plan includes a revenue allocation provision and the Agency has determined that the equalized assessed valuation of the revenue allocation area will likely increase as the result of the initiation of an urban renewal project. Section 7. That thi s Resolution constitutes the necessary action of the Agency under the Law, Section 50 -2008, Idaho Code and the Act. Section 8. The Chair, Vice-Chair , or Agency Administrator and the Secretary of the Agency are hereby authorized and directed to take all steps necessary and convenient to submit the proposed Downtown West Plan for approval by the City Council, including but not limited to the preparation of the notice of public hearing on adoption of the revenue allocation financing provisions by the City and submittal of the Downtown West Plan to the various taxing entities as required by Idaho Code§ 50-2906. Section 9. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION NO. -2019 - 7 PASSED AND ADOPTED by the Urban Renewal Agency of the City of McCall, Idaho, on August 19, 2019. Signed by the Chair of the Board of Commissioners and attested by the Secretary to the Board of Commissioners, on this 19th day of August 2019. APPROVED: By~ ATTEST: By~~ ecretary 4837-5917-9678, V. 1 RESOLUTION NO. -2019 -8