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HomeMy Public PortalAboutOrd. 616 - Reestablishing the Impact P&Z CommissionORDINANCE NO. 616 AN ORDINANCE OF THE CITY OF MCCALL, IDAHO, RELATING TO THE MCCALL AREA OF CITY IMPACT JOINT PLANNING AND ZONING COMMISSION; RATIFYING THE PAST ACTIONS OF SUCH COMMISSION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS: Section 1. McCall City Code Title 3A is amended by adding thereto a new section 3A-1-4 to read as follows: 3A-1-3: McCALL AREA OF CITY IMPACT JOINT PLANNING & ZONING COMMISSION (A) There shall pursuant to the agreement with Valley County of September 2, 1980, as amended by the agreement of September 8, 1988, and further amended be a McCall Area of City Impact Joint Planning & Zoning Commission. The Commission shall consist of five voting members, all of whom shall meet the qualifications of Section 67-6504, Idaho Code, who shall be appointed by the Mayor and confirmed by majority vote of the City Council, without respect to political affiliation. Three members shall be residents of the City of McCall, and two members shall be residents of the City of McCall Area of City Impact. One member appointed from the Area of City Impact shall be selected from a list of qualified persons recommended by the Board of County Commissioners of Valley County. This Commission is called the "Joint Commission" in the balance of this Section, and "Planning Commission" in the rest of this Title. (B) At the first meeting of the Joint Commission the members shall choose their term of office by lot as follows: two for 3 years, one for 4 years, one for 5 years, and one for 6 years, and shall immediately thereafter notify the Mayor and Council of the City of McCall and the Board of Valley County Commissioners of such terms. Thereafter their successors shall be appointed for and shall hold office for a term of 6 years. Members may be removed for cause by a majority vote of the McCall City Council. In the event of the death, resignation or any vacancy in said Joint Commission, the Mayor is authorized and empowered to fill such vacancy by appointment for the unexpired term of such member or members, which appointment shall be confirmed by majority vote of the City Council. (C) The Joint Commission shall elect a Chairman and a Vice -Chairman who shall be members of and who shall hold office during the pleasure of the Joint Commission. The Joint Commission shall also appoint a secretary who need not be a member of the Joint Commission. (D) Members of the Joint Commission shall receive no compensation. The secretary shall keep an accurate record of all proceedings of the Commission and shall distribute copies of the minutes of the Joint Commission to the Mayor and to the Chairman of the Valley County Commissioners. (E) The Commission shall hold at least one meeting each month on a regular day and at a regular time fixed in its By -Laws, during each of at least nine months of each year; pending adoption of such By -Laws by resolution of the Commission approved by resolution of the Council, the Commission shall hold a meeting on the second and on the fourth Monday of each month at 7:30 p.m., unless there is no business to transact. The Commission shall meet at such other times as may in its judgment be necessary. Ordinance 616 As proposed September 9, 1992, by Council and Board of County Commissioners page 1 (F) The duties of the Commission are to: 1. Recommend a comprehensive plan for the development of the Impact Area, for the boundaries of zoning districts, the laying out, widening, extending and locating of streets, roads and highways for the relief of traffic, for density of population and development of land within the Impact Area, for the future growth, development and beautification of the Impact Area in respect to its public buildings, streets, parks, grounds and lands consistent with the future growth and development of the Impact Area and in harmony with the Comprehensive Plan for the City of McCall, all in order to promote the public health, safety, and welfare of the inhabitants thereof. The Commission shall cooperate with other and like commissions along the lines and purpose prescribed in Sections 50-1101 through 50- 1106, Idaho Code. 2. Recommend amendments to the McCall City Code, and develop regulations and other related matters pursuant to 67-6511, Idaho Code. 3. Recommend the granting or denial of Variances, Special Use Permits, subdivisions, Planned Unit Developments, amendments to the zoning map, and vacation of streets, which recommendations shall only be made in the form of Findings of Fact and Conclusions of Law, pursuant to Idaho Code 67-6535. 4. Review and make recommendations for the administration of this Title. 5. Carry out the power and duties delegated by the Mayor and City Council and the Idaho Code, and relevant agreements between the City and the County. (G) All departments and employees of the City shall cooperate with the Joint Commission, and furnish to the Joint Commission maps, reports and all available data necessary for the Commission properly and adequately to carry out its functions. The Joint Commission is also authorized to appoint such technical and advisory committees as are necessary to carry out its work, and to call upon the citizens of the community and the various civic organizations for cooperation and assistance to the end that a coordinated program of planning and zoning may be promoted. (H) The Governing Board for the Joint Commission is the City Council. (I) The Joint Commission shall have no authority to make expenditures on behalf of the City nor to obligate the City for the payment of any sum of money unless authorized by the Council, who shall specify the administrative method by which such funds shall be expended. Section 2. The past actions and recommendations of the McCall Area of City Impact Joint Planning & Zoning Commission, since it was first seated pursuant to the Agreement of September 2, 1980, and,down to the present day, Ordinance 616 As proposed September 9, 1992, by Council and Board of County Commissioners page 2 are hereby ratified in accordance with the final action taken by the Governing Board with respect to each, where Governing Board action was required, and in accordance with the final action of such Commission where no further action by a Governing Board was required for finality. This ordinance is intended to make an editorial correction in Title IIIA of the McCall City Code; nothing in this ordinance shall be construed as an admission by the City of McCall that such Joint Commission was not effectively created in September of 1980. Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and approved644/,4%1992. Mayor ATTEST: Ordinance 616 As proposed September 9, 1992, by Council and Board of County Commissioners page 3 STATE OF IDAHO ) COUNTY OF VALLEY) CERTIFICATE OF RECORDING OFFICER ss I, the undersigned, the duly appointed, qualified, City Clerk of McCall City, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of McCall City, Idaho, and that I am the statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. G /6 is a true and correct copy of an ordinance passed at a regular meeting of the Council of McCall City held on p , 19 •Z, and duly recorded in my office; and 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of such meeting having been given; that a legal quorum was present throughout the meeting and that a legally sufficient number of members of the Council of McCall City voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho, this 9 day of , 19 %Z . (Seal of the City) Arthur J Schmidt, City Clerk Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I; Ramona A. George, being duly sworIn and say, I am the receptionist of The Central Idaho Star -News, a weekly newspaper published at McCall, in the County of Valley, State of Idaho; that said newspaper is in general circulation in the county of aforesaid and is a legal newspaper; that the NOTICE OF ORDINANCE 616, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for one consecutive week in the regular and entire issue of every number there of during the period of time of publication, and was published in they newspaper proper and not in a •plement; and that publication of such notice began October 15, 1992 and n • d October 15, 1992. cribed and sworn before - t 's the 15 day of October, 1992. STATE OF IDAHO COUNTY OF VALLEY On this 15th day of October, in the year of 1992, before me, a Notary Public, personally appeared Ramona A. George, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowl- edged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1993 ORDINANCE NQ'. 616 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO THE McCALL AREA OF CITY IMPACT JOINT PLANNING AND. ZONING COMMISSION; RATIFYING THE PAST ACTIONS OF SUCH COMMISSION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. McCall City Code Tide.3A is amended by adding thereto a new section 3A-1-4 to read as follows: 3A-1-3:. McCALL AREA OF CITY IMPACT JOINT PLANNING & ZONING COMMISSION (A) There shall pursuant to the agreement with Valley --County of September 2; 1980, as amended by the agreement of September 8, 1988, and further amended' be a McCall Area of City Impact Joint Planning & Zoning Commission. The Commission shall consist of five voting members, all of whom shall meet the qualifications of Section 67-6504, Idaho Code, who shall be appointed by the Mayor and confirmed by majority vote of the City , 'Council, without respect to political paffiliation. Three members shall be (residents of the City of McCall, and two members shall be, residents of the City iof McCall Area of. City Impact. One ;member appointed from the Area of 4iCity Impact shall be selected from a list of qualified,persons recommended by the (Boardof County Commissioners of Valley County. This Commission is called the "Joint Commission in the r---- I ' least one meeting each month on a regular day and at a regular time fixed in its By -Laws, during each of at least nine months of each year; pending adoption of such By -Laws by resolution of the Commission approved by resolution of the. Council, the Commission shall hold a meeting on the second and on the fourth Monday of each month at 7:30 p.m., unless there is no business to transact. The Commission shall meet at such other times as may in its judgment be necessary. (F) The duties of the Commission are to: 1. Recommend a comprehensive plan for the development of the -Impact Area, for the, boundaries of zoning districts, the laying out, widening, extending and locating of streets, roads and highways for the relief of traffic; for density of population and development of land within the Impact Area, for the future growth, development and beautification of the Impact Area in respect to its public buildings, streets, parks, grounds and lands consistent with the future growth and development of the Impact Area and in . harmony with the Comprehensive Plan for the City of McCall, all in order to promote the public health, safety, and welfare of the inhabitants thereof. 'The Commission shall coo erate with other and like commissions along the lines and purpose prescribed in Sections 50-1101 through 50-1106, Idaho Code. 2. Recommend amendments to the McCall City Code, and develop regulations and other related .matters s pursuant to 67-6511, Idaho Code. .Rv�.+mmnndfhp vrantinv nr.I •6uloueul; aeun0 • spew paned •dial; esioy 6upliq '6upN urelunow of sseoob • e)lei euedtEd cam of eso10 • sel>!I!ln • punw6aepun lames . %sem; ieuollau'8 IIaOoW of esolp • 3'n021 J 3D321dS clowei4 u104 seiis 6u ijns ediel S3 ,1321Y1 S101 OOL# •Auadoid atuoout sE io asn IEuosiad io3 adroit poop •dti{siaquzatu gnlD suods attn;ani ppd alp Aofug .xamNuni '012 '2IDA 'Al 'Iooap `sa inlxt3 'ainlpurt3sapnlouI'g2Eleg`tPsgZ/Ii130I+Na s`68$- -money unless authorized by the Council, who shall specify the administrative method by which such funds 'shall be expended. Section 2. The past actions and recommendations of McCall Area .of City Impact Joint Planning & Zoning Commission, since it was first seated ppursuant to the Agreement of September 2, 1980,'and down to the present day, are hereby ratified.in accordance with the final action taken by the Governing Board with respect to each, where Governing Board action was required, and in accordance with the final action of such Commission where no further P_ action by a Governing Board was required for finality. This ordinance is • intended to make an editorial correction' in Title IIIA of the McCall City Code; nothing in this ordinance shall be construed as an admission by the City of McCall that such Joint Commission was not effectively created•in September of " 1980. Section 3. This Ordinance shall be in full force and effect from'and after its passage, approval and publication as required by laiv. Passed and approved October 6, 1992. Larry Smith, Mayor Arthur Schmidt, City Clerk 1t10/15 NOTICE OF PUBLIC HEARING On October 6, 1992, at 7:00 P. M. or as soon thereafter as the matter may be heard, the Mayor and Council of the City of McCall, will hold a public hearing at 216 E. Park Street, McCall, Idaho (that is, at City Hall, in the American Legion meeting room) to consider ORDINANCE 616, AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO THE MCCALL AREA OF CITY IMPACT JOINT PLANNING AND ZONING COMMISSION; RATIFYING THE PAST ACTIONS OF SUCH COMMISSION; AND PROVIDING AN EFFECTIVE DATE. Such Ordinance would if enacted amend the zoning ordinance that applies to the City of McCall Area of City Impact. Such Ordinance addresses (in accord with the Agreement of September 2, 1980, as subsequently amended) the existence, membership, terms of office, duties, and internal organization of such Commission; ratifies past actions of the Commission, and states the intent of he Coun r Dated: September 10, 1992 Arthur J. Schmidt, City Cl rk I Publisher's Affidavit of Publication STATE OF IDAHO County of Valley I, Ramona A. George, being duly sworn and say, I am the receptionist of The Central Idaho Star -News, a weekly newspaper published at McCall, in the County of Valley, State of Idaho; that said newspaper is in general circulation in the county of aforesaid and is a legal! newspaper; that the NOTICE OF ORDINANCE 616, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for two consecutive weeks in the regular and entire issue of every number there of during the period of time of publication, and was published inithe newspaper proper and a supplement; and that publication of such notice began September 17, d ended September 24, 1992. .SS } Sub cribed and sworn before, this th'e th day of September, 1992. STATE OF IDAHO COUNTY OF VALLEY I On this 24th day of September, in the year of 1992, before me, a Notary Public, personally appeared Ramona A. George, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1993 PUBLIC HEARING ORDINANCE 616 On October 6, 1992, at 7:00 P.M. or as ;soon thereafter as the matter may be heard, the Mayor and Council of the �City of McCall, will hold a public hear- ing at 21,6 E. Park Street, McCall, Idaho (that is,: at City Hall, in the American legion ilmeeting room) to consider 'ORDINANCE 616, AN ORDINANCE IOF THE CITY OF McCALL, IDAHO, RELATING TO THE McCALL AREA OF CITY IMPACT JOINT PLANNING AND •ZONING COMMISSION; RATIFYING THE PAST ACTIONS OF SUCH COMMISSION; AND PROVIDING AN EFFECTIVE DATE. Such Ordinance would if enacted amend the zoning ordinance that applies to the City of McCall Area of City Impact. Such Ordinance. addresses (in accord with the Agreement of September 2, 1980, as subsequently amended) the exis- , tense, membership, terms of office, du- ties, and internal organization of such Commission; ratifies past actions of the Commission, and states the intent of the Council.' Dated: September 10, 1992 ' Arthur J. Schmidt, ' City Clerk 2t9/24 .