HomeMy Public PortalAboutDowntown West Plan Ordinance (2)ORDINANCE NO. 982
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF McCALL, IDAHO, APPROVING THE URBAN RENEWAL PLAN FOR THE DOWNTOWN WEST URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING
PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS AND OTHER TAXING ENTITIES; PROVIDING SEVERABILITY,
CODIFICATION, PUBLICATION BY SUMMARY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council (“City Council”) of the city of McCall (“City”), by Resolution No. 6-90, adopted May 10, 1990, found that deteriorating areas exist in the City, therefore,
for the purposes of the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (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 the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the “Act”) upon making the
findings of necessity required for creating the Urban Renewal Agency of the city of McCall, also known as the McCall Redevelopment Agency (the “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;
WHEREAS, in 2006, pursuant to Section 900 of the Railroad Avenue Plan, the Agency prepared the 2006 Updated Urban Renewal Plan (the “Amended Railroad Avenue Plan”);
WHEREAS, the Amended Railroad Avenue Plan did not substantially change the Railroad Avenue Plan, and did not alter the project area boundaries;
WHEREAS, after making certain findings, the Agency Board adopted the Amended Railroad Avenue Plan by resolution;
WHEREAS, the Railroad Avenue Plan, as amended, and its project area is referred to as the Existing Project Area;
WHEREAS, pursuant to Idaho Code § 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, an urban renewal plan shall (a) conform to the general plan for the municipality as a whole, except as provided in § 50-2008(g), Idaho Code; and (b) shall be sufficiently complete
to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area,
zoning and planning changes, if any, land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation
financing provisions;
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 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 health, safety, morals, or welfare in its 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 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 Act authorizes urban renewal agencies to adopt revenue allocation financing provisions as part of their urban renewal plans;
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 prepared a proposed Urban Renewal Plan for the Downtown West Urban Renewal Project (the “Downtown West Plan”) and the urban renewal area referred to as the Downtown
West Project Area (“Project Area” or “Revenue Allocation Area”) for the area designated as eligible for urban renewal planning;
WHEREAS, the area included in the Downtown West Project Area is smaller than the Study Area assessed in the Report;
WHEREAS, the Downtown West Plan also contains the provisions of revenue allocation financing as allowed by the Act;
WHEREAS, the Agency Board considered all comment and information submitted to the Agency during several earlier Board meetings and the Board meeting held on August 19, 2019;
WHEREAS, on August 19, 2019, the Agency Board passed Resolution No. 2-2019 proposing and recommending the approval of the Downtown West Plan;
WHEREAS, the Agency submitted the Downtown West Plan to the Mayor and City;
WHEREAS, the Mayor and City Clerk have taken the necessary action to process the Downtown West Plan;
WHEREAS, pursuant to the Law, at a meeting held on September 10, 2019, the City of McCall Planning and Zoning Commission considered the Downtown West Plan and its conformity with the
City’s 2018 McCall Area Comprehensive Plan, McCall In Motion, as amended, (“McCall Comprehensive Plan”) and forwarded its findings to the City Council, a copy of which is attached hereto
as Exhibit 1;
WHEREAS, notice of the public hearing of the Downtown West Plan was caused to be published by the City Clerk of McCall, Idaho, in its official newspaper the Star-News, on September
19 and October 3, 2019, a copy of said notice being attached hereto as Exhibit 2;
WHEREAS, on or before September 24, 2019, the Downtown West Plan was submitted
to the affected taxing entities, available to the public, and under consideration by the City Council;
WHEREAS, the City Council, during its regular meeting of October 24, 2019, held the public hearing as noticed;
WHEREAS, as required by Idaho Code §§ 50-2905 and 50-2906, the Downtown West Plan contains the following information with specificity which was made available to the general public
and all taxing districts prior to the public hearing on October 24, 2019, the regular meeting of the City Council, at least thirty (30) days but no more than sixty (60) days prior to
the date set for final reading of the ordinance: (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) 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, notes and/or other obligations are repaid, upon all taxing districts levying taxes upon property in the revenue allocation area; (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 section 50-2903(20), Idaho Code. In determining the termination date, the plan shall recognize that the agency shall receive allocation of revenues in the calendar year following
the last year of the revenue allocation provision described in the urban renewal plan; and (8) a description of the disposition or retention of any assets of the agency upon the termination
date. Provided however, nothing herein shall prevent the agency from retaining assets or revenues generated from such assets as long as the agency shall have resources other than revenue
allocation funds to operate and manage such assets;
WHEREAS, the Downtown West Plan authorizes certain projects to be financed by revenue allocation bonds, or loans, and proceeds from revenue allocation;
WHEREAS, appropriate notice of the Downtown West Plan and revenue allocation provision contained therein has been given to the taxing districts and to the public as required by Idaho
Code §§ 50-2008 and 50 2906;
WHEREAS, it is necessary and in the best interest of the citizens of the City, to adopt the Downtown West Plan, including revenue allocation financing provisions since revenue allocation
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 City Council finds that the equalized assessed valuation of the taxable
property in the Downtown West Project Area is likely to increase, and continue to increase, as a result of initiation and continuation 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) conform to the general plan of the municipality as a whole; (3) 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) afford 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 sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in the Law, 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, under the Act, a deteriorated area includes any area which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures
or improvements, or otherwise, results in economic underdevelopment of the area, or substantially impairs or arrests the sound growth of a municipality;
WHEREAS, the Downtown West Project Area does not include any area which is predominantly open;
WHEREAS, under the Law and the Act (specifically §§ 50-2018(9) and 50-2903(8)(f)), a deteriorating area may not include an agricultural operation, as defined in Idaho Code § 22-4502(1),
absent the consent of the owner of the agricultural operation except for an agricultural operation that has not been used for three (3) consecutive years;
WHEREAS, the Downtown West Project Area does not include parcels subject to such consent;
WHEREAS, the collective base assessment rolls for the Existing Project Area, together with the base assessment roll value of the Downtown West Project Area cannot exceed ten percent
(10%) of the current assessed values of all the taxable property in the City;
WHEREAS, the City Council at its regular meeting held on October 24, 2019, considered the Downtown West Plan, as proposed, and made certain comprehensive findings.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL:
SECTION 1: It is hereby found and determined that:
(a) 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 and Act.
(b) The rehabilitation, conservation, development and redevelopment of the urban renewal area pursuant to the Downtown West Plan are necessary in the interests of public health, safety,
and welfare of the residents of the City.
(c) There continues to be a need for the Agency to function in the City.
(d) The Downtown West Plan conforms to the McCall Comprehensive Plan.
(e) 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 mixed-use components of the Downtown West Plan and the need for overall public improvements), and shows consideration for the health, safety, and welfare of any residents or businesses
in the general vicinity of the urban renewal area covered by the Downtown West Plan.
(f) 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 urban renewal
area by private enterprises.
(g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the Downtown West Plan provides a feasible method for relocation obligations of any displaced families residing within the
Project Area and there is not anticipated to be any activity by the Agency that would result in relocation.
(h) The collective base assessment rolls for the revenue allocation areas under the Existing Project Area and the Downtown West Project Area do not exceed ten percent (10%) of the assessed
values of all the taxable property in the City.
(i) The Downtown West Plan includes the requirements set out in Idaho Code § 50-2905 with specificity.
(j) The Downtown West Plan is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be
proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and any method or methods of financing
such plan, which methods may include revenue allocation financing provisions.
(k) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code §§ 50-2018(9) and 50-2903(8)(f), does not include any agricultural operation for which the
Agency has not received a written consent, or has not been used for agricultural purposes for three (3) consecutive years.
(l) 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 McCall 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.
(m) The portion of the Downtown West Project Area which is identified for residential uses is necessary and appropriate as there is a shortage of 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 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 City.
SECTION 2: The City Council finds that the Downtown West Project Area does not have a predominance of open land, that the Agency may acquire any open land within the Downtown West Project
Area, and that the Downtown West Project Area is planned to be developed and/or redeveloped in a manner that will include both residential and nonresidential uses. Provided, however,
the City Council finds that for any portions of the Downtown West Project Area deemed to be “open land,” the criteria set forth in the Law and Act have been met.
SECTION 3: The City Council finds that one of the Downtown West Plan objectives to increase the residential opportunity does meet the sound needs of the City and will provide housing
opportunities in an area that does not now contain such opportunities, and the portion of the Downtown West Project Area which is identified for nonresidential uses is necessary and
appropriate to facilitate the proper growth and development standards in accordance with the objectives of the McCall 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.
SECTION 4: The Downtown West Plan, a copy of which is attached hereto and marked as Exhibit 3 and made a part hereof by attachment, be, and the same hereby is, approved. As directed
by the City Council, the City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the October 24,
2019, hearing and incorporate changes or modifications, if any.
SECTION 5: No direct or collateral action challenging the Downtown West Plan shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from
and after the effective date of this Ordinance adopting the Downtown West Plan.
SECTION 6: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Tax Assessor of Valley County and to the appropriate
officials of Valley County Board of County Commissioners, City of McCall, McCall-Donnelly School District #421, Valley County Emergency Medical, McCall Cemetery, McCall Fire, McCall
Hospital, Payette Lakes Rec. Water & Sewer, Valley County Road and Bridge, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of
the Revenue Allocation Area, and a map or plat indicating the boundaries of the Project Area.
SECTION 7: The City Council hereby finds and declares that the Revenue Allocation Area as defined in the Downtown West Plan, the equalized assessed valuation of which the City Council
hereby determines is in and is part of the Downtown West Plan, is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Downtown
West Plan.
SECTION 8: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the Agency’s Board of Commissioners:
If any City Council members are appointed to the Board, they are not acting in an ex officio capacity but, rather, as private citizens who, although they are also members of the City
Council, are exercising their independent judgment as private citizens when they sit on the Board. Except for the powers to appoint and terminate Board members and to adopt the Downtown
West Plan, the City Council recognizes that it has no power to control the powers or operations of the Agency.
SECTION 9: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not modify the Downtown West Plan in a manner that would result in a reset of
the base assessment value for the year immediately following the year in which the modification occurred to include the current year’s equalized assessed value of the taxable property
in the revenue allocation area as further set forth in the Act.
SECTION 10: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2019, to the extent permitted
by the Act.
SECTION 11: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid
for any reason, such declaration shall not affect the validity of remaining portions of this Ordinance.
SECTION 12: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved.
SECTION 13: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled.
SECTION 14: Savings Clause. This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 24 DAY OF OCTOBER 2019
________________________________________
Mayor Jackie Aymon
ATTEST:
____________________________________
BessieJo Wagner, City Clerk
Exhibit 1
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MCCALL, IDAHO, VALIDATING CONFORMITY OF THE URBAN RENEWAL PLAN FOR THE DOWNTOWN WEST URBAN RENEWAL PROJECT WITH THE
CITY OF MCCALL’S COMPREHENSIVE PLAN
Exhibit 2
NOTICE PUBLISHED IN THE STAR-NEWS
Exhibit 3
URBAN RENEWAL PLAN FOR THE
DOWNTOWN WEST URBAN RENEWAL PROJECT
Exhibit 4
CITY OF McCALL
SUMMARY OF ORDINANCE NO. __________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF McCALL, IDAHO, APPROVING THE URBAN RENEWAL PLAN FOR THE DOWNTOWN WEST URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING
PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS AND OTHER TAXING ENTITIES; PROVIDING SEVERABILITY,
CODIFICATION, PUBLICATION BY SUMMARY; AND ESTABLISHING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL:
SECTION 1: It is hereby found and determined that:
(a) 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 and Act.
(b) The rehabilitation, conservation, development and redevelopment of the urban renewal area pursuant to the Downtown West Plan are necessary in the interests of public health, safety,
and welfare of the residents of the City.
(c) There continues to be a need for the Agency to function in the City.
(d) The Downtown West Plan conforms to the McCall Comprehensive Plan.
(e) 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 mixed-use components of the Downtown West Plan and the need for overall public improvements), and shows consideration for the health, safety, and welfare of any residents or businesses
in the general vicinity of the urban renewal area covered by the Downtown West Plan.
(f) 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 urban renewal
area by private enterprises.
(g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the Downtown West Plan provides a feasible method for relocation obligations of any displaced families residing within the
Project Area and there is not anticipated to be any activity by the Agency that would result in relocation.
(h) The collective base assessment rolls for the revenue allocation areas under the Existing Project Area and the Downtown West Project Area do not exceed ten percent (10%) of the assessed
values of all the taxable property in the City.
(i) The Downtown West Plan includes the requirements set out in Idaho Code § 50-2905 with specificity.
(j) The Downtown West Plan is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be
proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and any method or methods of financing
such plan, which methods may include revenue allocation financing provisions.
(k) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code §§ 50-2018(9) and 50-2903(8)(f), does not include any agricultural operation for which the
Agency has not received a written consent, or has not been used for agricultural purposes for three (3) consecutive years.
(l) 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 McCall 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.
(m) The portion of the Downtown West Project Area which is identified for residential uses is necessary and appropriate as there is a shortage of 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 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 City.
SECTION 2: The City Council finds that the Downtown West Project Area does not have a predominance of open land, that the Agency may acquire any open land within the Downtown West Project
Area, and that the Downtown West Project Area is planned to be developed and/or redeveloped in a manner that will include both residential and nonresidential uses. Provided, however,
the City Council finds that for any portions of the Downtown West Project Area deemed to be “open land,” the criteria set forth in the Law and Act have been met.
SECTION 3: The City Council finds that one of the Downtown West Plan objectives to increase the residential opportunity does meet the sound needs of the City and will provide housing
opportunities in an area that does not now contain such opportunities, and the portion of
the Downtown West Project Area which is identified for nonresidential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the
objectives of the McCall 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.
SECTION 4: The Downtown West Plan, a copy of which is attached to the Ordinance and marked as Exhibit 3, be, and the same hereby is, approved. As directed by the City Council, the
City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the October 24, 2019, hearing and incorporate
changes or modifications, if any.
SECTION 5: No direct or collateral action challenging the Downtown West Plan shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from
and after the effective date of this Ordinance adopting the Downtown West Plan.
SECTION 6: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Tax Assessor of Valley County and to the appropriate
officials of Valley County Board of County Commissioners, City of McCall, McCall-Donnelly School District #421, Valley County Emergency Medical, McCall Cemetery, McCall Fire, McCall
Hospital, Payette Lakes Rec. Water & Sewer, Valley County Road and Bridge, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of
the Revenue Allocation Area, and a map or plat indicating the boundaries of the Project Area.
SECTION 7: The City Council hereby finds and declares that the Revenue Allocation Area as defined in the Downtown West Plan, the equalized assessed valuation of which the City Council
hereby determines is in and is part of the Downtown West Plan, is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Downtown
West Plan.
SECTION 8: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the Agency’s Board of Commissioners:
If any City Council members are appointed to the Board, they are not acting in an ex officio capacity but, rather, as private citizens who, although they are also members of the City
Council, are exercising their independent judgment as private citizens when they sit on the Board. Except for the powers to appoint and terminate Board members and to adopt the Downtown
West Plan, the City Council recognizes that it has no power to control the powers or operations of the Agency.
SECTION 9: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not modify the Downtown West Plan in a manner that would result in a reset
of the base assessment value for the year immediately following the year in which the modification occurred to include the current year’s equalized assessed value of the taxable property
in the revenue allocation area as further set forth in the Act.
SECTION 10: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2019, to the extent permitted
by the Act.
SECTION 11: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid
for any reason, such declaration shall not affect the validity of remaining portions of this Ordinance.
SECTION 12: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved.
SECTION 13: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled.
SECTION 14: Savings Clause. This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS ____ DAY OF OCTOBER 2019
EXHIBITS TO THE ORDINANCE
Exhibit 1 A Resolution of the Planning and Zoning Commission for the City of McCall, Idaho, Validating Conformity of the Urban Renewal Plan for the Downtown West Urban Renewal Project
with the City of McCall’s Comprehensive Plan
Exhibit 2 Notice Published in the Star-News
Exhibit 3 Urban Renewal Plan for the Downtown West Urban Renewal Project
Exhibit 4 Ordinance Summary
SUMMARY OF DOWNTOWN WEST PLAN
The Urban Renewal Plan for the Downtown West Urban Renewal Project (“Downtown West Plan”) was prepared by the Urban Renewal Agency of the city of McCall, Idaho, also known as the McCall
Redevelopment Agency (“Agency”), pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the “Law”), the Local Economic Development Act, Chapter
29, Title 50, Idaho Code, as amended (the “Act”), and all applicable laws and ordinances and was approved by the Agency. The Downtown West Plan provides for the Agency to undertake
urban renewal projects pursuant to the Law and the Act. The Downtown West Plan contains a revenue allocation financing provision pursuant to the Act that will cause property taxes resulting
from any increases in equalized assessed valuation in excess of the
equalized assessed valuation as shown on the original base assessment roll as of January 1, 2019, to be allocated to the Agency for the urban renewal purposes.
The general scope and objectives of the Downtown West Plan are:
a. The engineering, design, installation, construction, and/or reconstruction of storm water management infrastructure to support compliance with federal, state and local regulations
for storm water discharge and to support private development;
b. The provision for participation by property owners and developers within the Project Area to achieve the objectives of this Plan;
c. The engineering, design, installation, construction, and/or reconstruction of:
streets, intersections and other pedestrian crossing facilities;
water and sewer system improvements;
other utility improvements, including, removal, burying, or relocation of overhead or underground utilities;
extension of electrical distribution lines and transformers;
improvement of irrigation and drainage ditches and laterals;
installation or improvements to fiber optic facilities and/or other communication systems;
parking facilities and electric charging stations;
fire protection systems;
Public art
curbs, gutters, and streetscapes, which for purposes of this Plan, the term streetscapes include sidewalks, lighting, landscaping, benches and other street furniture, bike racks, and
similar amenities between the curb and right-of-way line;
other public improvements that may be deemed appropriate by the Board, including, but not limited to, walkways, public open spaces, outdoor public event spaces, parks, waterfront improvements,
plazas, including but not limited to the City Hall/Library pedestrian plaza, and other similar amenities that may be deemed appropriate by the Board;
d. The acquisition of real property from the City or others for right-of-way improvements, public parks, pedestrian facilities and trails, recreational access points and to encourage
development opportunities consistent with the Plan, including but not limited to future disposition to qualified developers, in part to encourage development of local housing options;
e. The disposition of real property through a competitive process in accordance with this Plan, Idaho law, including Idaho Code § 50-2011, and any disposition policies adopted by the
Agency;
f. The management of any property acquired by and under the ownership and control of the Agency;
g. The development or redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan;
h. The construction and financial support of infrastructure necessary for the provision of improved transit and alternative transportation;
i. To support or partner in the engineering, design, installation, construction of a public community and/or recreation center;
j. To support or partner in the development of a robust public market to encourage pedestrian activity in the Central Business District;
k. The provision of financial and other assistance to encourage and attract business enterprise including but not limited to start-ups and microbusinesses, mid-sized companies and large-scale
corporations;
l. The provision of financial and other assistance to encourage greater density, and to encourage construction of local housing options pursuant to the McCall Local Housing Program;
m. The rehabilitation of structures and improvements by present owners, their successors, and the Agency;
n. The preparation and assembly of adequate sites for the development and construction of facilities for commercial, office, retail, residential, and governmental use;
o. In collaboration with property owners and other stakeholders, working with the City to amend zoning regulations (if necessary) and standards and guidelines for the design of waterfront
amenities, streetscape, festival streets, plazas, multi-use pathways, parks and open space and other like public spaces applicable to the Project Area as needed to support implementation
of this Plan;
p. The demolition or removal of certain buildings and/or improvements for public right-of-way and streetscape improvements, utility undergrounding, extension, upgrades, public parks,
open space, plazas, multi-use trails, public facilities, and to encourage and enhance transportation and mobility options, decrease underutilized parcels, to eliminate unhealthful,
unsanitary, or unsafe conditions, eliminate obsolete or other uses detrimental to the public welfare or otherwise to remove or to prevent the spread of deteriorating or deteriorated
conditions;
q. In conjunction with the City, the establishment and implementation of performance criteria to assure high site design standards and environmental
quality and other design elements which provide unity and integrity to the entire Project Area, including commitment of funds for planning studies, achieving high standards of development,
and leveraging such development to achieve public objectives and efficient use of scarce resources;
r. To the extent allowed by law, lend or invest federal funds to facilitate development and/or redevelopment;
s. To make improvements to utilities (within and outside of the Project Area) to encourage development throughout the Project Area;
t. To support or partner in projects providing additional public access to Payette Lake and the installation of other waterfront amenities, including public docks, waterfront parks and
adjacent plazas, and pedestrian pathways. This includes projects supporting environmental protection of Payette Lake; and
u. To encourage and support public wayfinding projects.
Any such land uses as described in the Plan will be in conformance with zoning for the City of McCall and the McCall Comprehensive Plan, as adopted by the City Council, or as may be
applicable. Land made available will be developed by private enterprises or public agencies as authorized by law. The Plan identifies various public and private improvements which
may be made within the Project Area.
The Urban Renewal Project Area and Revenue Allocation Area herein referred to is described as follows:
An area consisting of approximately 52.4 acres of land, exclusive of rights-of-way and encompassing a portion of the City’s central business district (CBD), extending south along Third
Street (Highway 55) to Stibnite Street and as more particularly described as follows:
A parcel of land being in a portion of Section 9, Township 18 North, Range 3 East, Boise Meridian. Located in Valley County, Idaho and being more particularly described as follows:
Commencing at the west quarter corner common to Section 16 and Section 17 (W1/4 Corner of Section 16), thence N 37°29'49 E a distance of 3073.235 Feet. This is the point of Beginning.
thence N 5°47'55 E a distance of 55.688 Feet;
thence N 0°20'35 E a distance of 144.958 Feet;
thence N 2°50'36 E a distance of 162.332 Feet;
thence N 0°53'30 E a distance of 131.728 Feet;
thence N 27°17'51 W a distance of 67.992 Feet;
thence N 0°1'26 E a distance of 123.967 Feet;
thence N 1°17'20 E a distance of 139.628 Feet;
thence S 89°11'41 W a distance of 58.431 Feet;
thence N 89°50'4 W a distance of 124.924 Feet;
thence N 89°53'39 W a distance of 75.04 Feet;
thence N 89°54'47 W a distance of 24.006 Feet;
thence N 0°48'31 E a distance of 60.394 Feet;
thence N 0°33'58 E a distance of 20.154 Feet;
thence N 0°33'38 E a distance of 58.674 Feet;
thence N 0°33'39 E a distance of 52.724 Feet;
thence N 0°33'39 E a distance of 65.756 Feet;
thence N 0°9'16 W a distance of 24.465 Feet;
thence S 50°15'50 W a distance of 229.528 Feet;
thence N 89°20'26 W a distance of 30.61 Feet;
thence N 0°30'45 E a distance of 129.041 Feet;
thence S 49°51'14 W a distance of 38.902 Feet;
thence N 0°35'20 E a distance of 80.259 Feet;
thence N 1°1'36 E a distance of 60.516 Feet;
thence N 0°32'17 E a distance of 99.975 Feet;
thence N 0°49'54 E a distance of 99.974 Feet;
thence N 0°49'52 E a distance of 19.993 Feet;
thence N 15°44'29 W a distance of 82.734 Feet;
thence N 20°18'2 W a distance of 18.76 Feet;
thence N 0°30'2 E a distance of 71.233 Feet;
thence N 0°27'36 E a distance of 96.261 Feet;
thence S 89°51'11 W a distance of 82.884 Feet;
thence S 89°42'35 W a distance of 75.39 Feet;
thence S 89°51'40 W a distance of 38.568 Feet;
thence S 89°56'53 W a distance of 52.877 Feet;
thence N 89°39'19 W a distance of 61.669 Feet;
thence N 89°39'44 W a distance of 88.885 Feet;
thence N 89°33'25 W a distance of 39.976 Feet;
thence N 89°43'0 W a distance of 59.617 Feet;
thence N 89°39'24 W a distance of 63.609 Feet;
thence N 89°35'31 W a distance of 109.576 Feet;
thence N 89°31'8 W a distance of 89.577 Feet;
thence N 89°36'55 W a distance of 291.406 Feet;
thence N 89°35'2 W a distance of 90.047 Feet;
thence N 89°38'31 W a distance of 100.165 Feet;
thence S 89°37'39 W a distance of 49.406 Feet;
thence N 0°29'40 W a distance of 441.427 Feet;
thence N 0°30'2 W a distance of 47.661 Feet;
thence N 80°15'49 E a distance of 31.325 Feet;
thence N 87°55'28 E a distance of 412.355 Feet;
thence N 89°48'26 E a distance of 57.506 Feet;
thence N 86°53'38 E a distance of 107.601 Feet;
thence N 87°57'0 E a distance of 82.44 Feet;
thence N 87°53'42 E a distance of 86.111 Feet;
thence N 87°55'27 E a distance of 388.41 Feet;
thence N 0°15'37 E a distance of 253.533 Feet;
thence N 2°58'25 W a distance of 19.208 Feet;
thence S 67°24'7 E a distance of 41.908 Feet;
thence N 84°0'13 E a distance of 99.821 Feet;
thence N 66°1'36 E a distance of 33.085 Feet;
thence S 89°30'52 E a distance of 30.037 Feet;
thence N 85°48'40 E a distance of 30.911 Feet;
thence N 85°19'15 E a distance of 28.969 Feet;
thence N 89°56'25 E a distance of 32.398 Feet;
thence N 78°50'3 E a distance of 27.726 Feet;
thence N 89°11'29 E a distance of 30.358 Feet;
thence N 85°3'22 E a distance of 25.476 Feet;
thence N 85°3'21 E a distance of 5.657 Feet;
thence N 84°3'57 E a distance of 18.796 Feet;
thence N 81°11'44 E a distance of 10.153 Feet;
thence S 89°12'46 E a distance of 84.152 Feet;
thence N 78°20'18 E a distance of 56.89 Feet;
thence N 78°20'43 E a distance of 33.727 Feet;
thence N 81°0'22 E a distance of 29.333 Feet;
thence N 74°30'34 E a distance of 30.041 Feet;
thence N 75°10'48 E a distance of 29.911 Feet;
thence N 57°1'15 E a distance of 32.038 Feet;
thence N 57°9'42 E a distance of 36.308 Feet;
thence N 40°43'52 E a distance of 23.733 Feet;
thence N 40°47'50 E a distance of 47.006 Feet;
thence S 11°41'41 E a distance of 145.147 Feet;
thence N 86°47'36 E a distance of 42.893 Feet;
thence N 65°56'58 E a distance of 36.9 Feet;
thence S 14°57'17 E a distance of 32.12 Feet;
thence S 11°45'26 E a distance of 346.035 Feet;
thence S 11°44'39 E a distance of 46.923 Feet;
thence S 11°38'1 E a distance of 45.261 Feet;
thence S 12°1'46 E a distance of 41.422 Feet;
thence S 13°5'25 E a distance of 10.344 Feet;
thence S 11°44'16 E a distance of 95.18 Feet;
thence S 11°52'23 E a distance of 21.684 Feet;
thence S 10°13'54 E a distance of 21.549 Feet;
thence S 10°13'55 E a distance of 49.061 Feet;
thence S 8°22'56 E a distance of 63.722 Feet;
thence N 61°45'46 E a distance of 103.934 Feet;
thence N 61°46'34 E a distance of 104.489 Feet;
thence N 62°41'2 E a distance of 52.212 Feet;
thence N 61°56'35 E a distance of 107.731 Feet;
thence N 84°29'6 E a distance of 99.784 Feet;
thence N 88°33'47 E a distance of 19.767 Feet;
thence S 85°4'36 E a distance of 19.851 Feet;
thence S 78°50'46 E a distance of 19.886 Feet;
thence S 56°36'20 E a distance of 55.699 Feet;
thence S 48°38'39 E a distance of 70.58 Feet;
thence S 31°11'51 E a distance of 66.362 Feet;
thence S 31°11'52 E a distance of 13.018 Feet;
thence S 23°46'54 E a distance of 13.358 Feet;
thence N 89°50'2 W a distance of 14.936 Feet;
thence N 89°50'1 W a distance of 13.784 Feet;
thence S 29°29'57 E a distance of 124.697 Feet;
thence S 28°50'3 E a distance of 156.993 Feet;
thence S 27°34'41 E a distance of 87.138 Feet;
thence S 2°10'24 E a distance of 6.843 Feet;
thence S 16°33'45 E a distance of 16.918 Feet;
thence S 1°34'8 E a distance of 59.527 Feet;
thence S 1°32'50 E a distance of 79.943 Feet;
thence S 1°29'10 E a distance of 41.619 Feet;
thence S 22°51'48 E a distance of 58.296 Feet;
thence S 79°20'47 W a distance of 57.763 Feet;
thence N 89°58'32 W a distance of 98.097 Feet;
thence N 89°58'32 W a distance of 125.893 Feet;
thence S 0°27'20 E a distance of 318.173 Feet;
thence S 1°10'1 E a distance of 61.743 Feet;
thence S 0°5'39 W a distance of 137.8 Feet;
thence N 89°57'57 E a distance of 9.917 Feet;
thence S 0°17'52 E a distance of 116.273 Feet;
thence S 0°17'50 E a distance of 7.777 Feet;
thence S 14°9'14 W a distance of 45.862 Feet;
thence S 89°57'20 W a distance of 51.561 Feet;
thence S 0°16'6 W a distance of 311.035 Feet;
thence N 89°53'59 W a distance of 216.086 Feet;
thence S 1°51'50 E a distance of 73.592 Feet;
thence S 2°17'33 W a distance of 21.539 Feet;
thence S 7°36'21 E a distance of 35.855 Feet;
thence S 2°33'49 E a distance of 70.269 Feet;
thence N 89°41'35 W a distance of 255.044 Feet;
thence N 89°53'50 W a distance of 193.203 Feet;
thence N 89°51'0 W a distance of 173.076 Feet; back to the Point of Beginning.
The Project Area is also depicted in the map below.
/
Sections 300 through 315 discuss the proposed redevelopment actions, participation opportunities and agreements, cooperation with public bodies, property acquisition standards and requirements,
relocation, demolition, and property disposition.
Section 401 discusses the type of land uses authorized in the Project Area.
Section 409 describes design guidelines for development.
The Downtown West Plan also contains a major section on financing. Among other sources, the Downtown West Plan will utilize revenue allocation financing, authorized by the
Act. This statute was approved in 1988 by the Idaho Legislature. Section 502 and Attachment 5 discuss revenue allocation financing and show how such financing has worked and would
work in the Project Area in the future if certain new private developments occur as estimated.
Increases in assessed valuation of real and personal property in the Project Area that occur after January 1, 2019, will generate revenue for the Agency to pay project costs. Project
costs include street and other public infrastructure improvements, improvements to the waterfront, environmental remediation, and other public improvement costs. The assessed valuation
of real and personal property on the base assessment roll is still available for use by the other taxing districts, Valley County, City of McCall, McCall-Donnelly School District #421,
Valley County Emergency Medical, McCall Cemetery, McCall Fire, McCall Hospital, Payette Lakes Rec. Water & Sewer, and Valley County Road and Bridge to finance their operations. The
Downtown West Plan authorizes the Agency to sell revenue bonds to finance project costs and to use annual revenue allocations to pay the debt service.
The program outlined in the Downtown West Plan emphasizes the installation of needed public improvements, street improvements, utility work, and other costs to encourage private development.
Attachments 5.1 through 5.5 describe in detail the cost and financing methods for complete repayment of the debt incurred used to finance projects and to also fund the additional described
activities.
The Downtown West Plan follows the underlying zoning classifications of the city of McCall.
Sections 600 and 700 describe cooperative activities by the Agency with the City.
The duration of the Downtown West Plan is for twenty (20) years. A termination process is described in Section 800 of the Downtown West Plan. The Agency is required to prepare an
annual report each year describing its activities during the previous year.
ATTACHMENTS TO THE DOWNTOWN WEST PLAN
Attachment 1 Boundary Map of Urban Renewal Project Area and Revenue Allocation Area
Attachment 2 Legal Description of Urban Renewal Project Area and Revenue Allocation Area
Attachment 3 Private Properties Which May be Acquired by the Agency
Attachment 4 Map Depicting Expected Land Use and Current Zoning Map of the Project Area
Attachment 5.1 Public Improvements within the Revenue Allocation Area
Attachment 5.2 Economic Feasibility Study
Attachment 5.3 Estimated Net Taxable Value of Growth and New Private Development and Annual Revenue Allocation in the Downtown West Urban Renewal Project
Attachment 5.4 Estimated Annual Revenues and Costs in the Downtown West Urban Renewal Project (Cash Flow Analysis)
Attachment 5.5 Map Showing Proposed Location of Public Improvements in the Project Area
The full text of the Ordinance __________ is available at the offices of the City Clerk, 216 East Park Street, McCall, Idaho 83638.
This summary is approved by the McCall City Council at its meeting of October 24, 2019.
________________________________________
Mayor Jackie Aymon
ATTEST:
____________________________________
BessieJo Wagner, City Clerk
I, __________, City Attorney for the city of McCall, Idaho, hereby declare and certify that in my capacity as City Attorney of the city of McCall, pursuant to Idaho Code Section 50 901A(3)
of the Idaho Code as amended, I have reviewed a copy of the above Summary of Ordinance, have found the same to be true and complete, and said Summary of Ordinance provides adequate
notice to the public of the contents, including the exhibits, of Ordinance No. __________.
DATED this _______ day of October 2019.
__________________________________________
____________, City Attorney
McCall, Idaho
4834-6146-2441, v. 2