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HomeMy Public PortalAboutCouncil Minutes 1990 12/13McCALL CITY COUNCIL MINUTES DECEMBER 13, 1990 I. Call to Order and Roll Call Mayor Allen called the meeting to order at 7:04 P.M. Councilmen McCarty, Van Komen, Wallace and Larson answered the roll call. The Mayor declared a quorum present. II. Minutes Minutes of the November 29, 1990 meeting were considered. Wallace moved to approve the minutes as presented. McCarty seconded and the motion carried. III. Payment of Claims A list of claims dated December 11, 1990 was presented. Wallace moved to approve the claims for payment. Van Komen seconded and the motion carried. IV. Consent Calendar No items were listed on the calendar. No action was taken. V. Mayor and Council Comments and Reports There were no comments or reports. VI. Staff Reports A. City Administrator's Report 1.) Rubber Mats, Old Golf Clubhouse: The McCall - Donnelly School District asked that this floor covering from the old locker room area be declared surplus and donated to the school's athletic program for its weight room. McCarty moved to declare the material surplus and donate it to the school district. Wallace seconded and the motion carried unanimously. 2.) Nutrient Management: Progress on the determi- nation of consistency was noted. 1 3.) Warren Wagon Road Right -of -Way: After review, the Council indicated their willingness to resolve the matter and the Mayor ordered the matter to the City Attorney for review and recommendation. B. City Attorney's Report 1.) Taxes, Seetin Property: The attorney reported that the matter had been finally resolved by action of the County Commission. 2.) Public Records Policy: The attorney reported his review was complete and that the apparent conflict was not in fact a reference to the same matter. The Mayor ordered the matter to the next agenda. 3.) Lazy 7, Duane and Alberta Smith Special Use Permit/Rural Fire District Special Use Permit: After reviewing the entire record, the City Attorney noted that a fire station would be a permitted special use, that the record contemplated the installation of water tanks and apparatus in the facility to ensure fire safety and recommended that the Findings -of -Fact and Conclusions -of -Law in the matter be amended. Wallace moved that the Findings of Fact and Conclusions of Law by the McCall City Council on October 26, 1989 be amended to add the following Findings of Fact: That it is in the best interests of the public and shall promote the health, safety and welfare of the public to permit on the subject premises the operation and maintenance of fire protection equipment and apparatus by the McCall Rural Fire Protection District; and to add the following Conclusions of Law: That the operation and maintenance by the McCall Rural Fire Protection District, a public entity, is within the purpose of the Zone-E, Agricultural District and is a permitted special use under Section 3A-9-3(H) of the Village Code of McCall, Idaho; and That the Special Use Permit heretofore issued herein shall be amended to include the operation and maintenance of fire protection equipment and apparatus by the McCall Rural Fire Protection District. Larson seconded and the motion carried unanimously. 4.) City Attorney and City Prosecutor Agreements: These agreements were presented. The Council opted to act after reviewing the agreements and the Mayor ordered the matter to the next agenda. Mr. Remaklus asked the Council to designate Bill Killen as deputy City Attorney from December 17 to January 6, 1991. Larson moved the appointment, Wallace seconded and the motion carried. C. City Treasurer's Report Monthly reports for the year ending September 30, 1990 and the month ending October 31, 1990 were reconciled as noted at the prior meeting. Van Komen moved to approve both reports and publish the September 30, 1990 report. McCarty seconded and the motion carried. VII. New Business A. Request for Annexation: A request for annexation by Peter O'Neil to have the Whispering Forest Project annexed to the city was considered. McCarty moved to forward the request to the City Planning and Zoning Commission for recommendations on annexation and zoning. Van Komen seconded and the motion carried unanimously. VIII.Public Hearings: 7:30 P.M. A. Urban Redevelopment Plan, Ordinance No. 578: At 7:30 P.M. Mayor Allen opened the public hearing as noticed. A staff report was presented by Mr. Schmidt outlining the history of the plan, elements of revenue allocation financing and details of the Railroad Avenue Urban Renewal Project Plan. Bill Kirk, Chairman of the City's Transportation Advisory Committee detailed traffic needs of the community. City Attorney Remaklus read Ordinance 578 in its entirety, constituting the third reading. The following people commented upon the plan: 3 Jim Staup David Holland Mark Hamilton Scott Findlay Steve Millemann Shirley Potter Peggy Clemmer Victor Frabotta Bus Johnson A lengthy discussion ensued. Questions were asked of the Council, the staff and Mr. Millemann. The Mayor closed the hearing and returned the matter to the Council. Wallace moved to adopt Ordinance 578. Larson seconded and on a roll call vote, Wallace, Larson, Van Komen and McCarty voted AYE. The Mayor declared Ordinance 578 adopted. The Council discussed a the Redevelopment Board to advise on the number effect such a change. change in the membership of and asked the City Attorney of members and procedures to B. Yanke Variance Request: Mayor Allen opened a hearing by Ronald C. Yanke, regarding a change in density on the parcel at 300 Washington Street for Fircrest Condominiums. A staff report outlined that the request follows a 1981 Building Permit for 24 units and construction of 20 units. Water and sewer connection permits were paid for and issued on the project. The minutes of the November 6, 1990 Planning and Zoning Commission Findings of Fact and Conclusions of Law were reviewed. The following persons appeared favoring the change were Mike Ford and Richard Heaton. Expressing opposition to the change were Lyn Clark and Jean Odmark. After discussion, the Mayor brought the matter to the Council table and ordered the accumulated file and tape recording of the hearing incorporated in the record on the matter. McCarty moved to approve the variance request and adopt the Findings of Fact and Conclusions of Law of the Commission and to add the following additional conditions: 1. The parking requirement be 36 spaces, half of which may be sub -compact spaces; 2. A playground area no less than 18'x 40' be included in the site plan; 3. That the variance will expire after two years from this date, if no building occurs by that date; 4. That the Commission's Findings on item 4, page 3 be corrected to replace the word "permits" with the word "vents". Van Komen seconded and the motion carried unanimously. IX. Old Business A. Reedy/Ponderosa Water Project: George Wagner of JUB Engineering presented Change Order No. 2, deducting $1758.73 from the project by adjusting quantities. Van Komen moved to approve Change Order No. 2 to the contract with Bechtold Construction. McCarty seconded and the motion carried unanimously. Mr. Wagner presented Change Order No. 3, adding $2562.44 to the Bechtold Construction contract. Van Komen moved to approve the change order. Wallace seconded and the motion carried. Mr. Wagner presented Pay Estimate No. 2 on the project representing approximately 96% completion for $36, 913.44. Seeding, pavement repair, and raising one fire hydrant remain incomplete. Wallace moved to approve Pay estimate No. 2. Van Komen seconded and the motion carried unanimously. B. Idaho State Snow Sculpting Competition: A response to the Public Works Director's suggestion to relocate the event from Mr. Sager was noted. McCarty moved to continue the event on Lenora Street, authorize the street closure for the event and authorize the public works departments assistance with the usual understanding that plowing city streets is the department's priority. Van Komen seconded and the motion carried. C. Airport, Miscellaneous Services Contract: A report on the prior year's activities was noted and referred to the Airport Committee for recommendation. X. Board, Committee and Commission Reports Requiring Action A. Park and Recreation Committee Minutes of November 7, 1990: Van Komen moved to authorize the committee to proceed with recommending a name for the Lakefront park. Wallace seconded and the motion carried. 5 The recommendations to direct Jensen -Belts to prepare a grant application was acted upon previously. The Council directed that the committee be updated on bond expenditures monthly. B. Golf Committee Minutes of November 13, 1990: The actions of the committee had also been previously approved and the Mayor ordered the minutes filed. XI. Correspondence A. A letter from the Idaho Department of Health and Welfare regarding the Nutrient Management program was noted. B. A letter from the Planning and Zoning Chairmen requesting the expenditure of $500.00 for secretarial assistance was noted. McCarty moved to approve the request. Van Komen seconded and the motion carried. XII. Other The City Attorney reported that he had reviewed whether to disqualify the firm of Givens, Pursley, Webb and Huntley from representing the Union Pacific Railroad. He determined there was no basis for disqualification. Wallace moved to confirm that recommendation. Van Komen seconded and the motion carried. XIII.Adjournment At 12:36 A.M., Wallace moved to adjourn. Van Komen seconded and the motion carried. rt ' r J. Schmidt City Cler 6 ORDINANCE NO. ST 7 AN ORDINANCE APPROVING THE RAILROAD AVENUE URBAN RENEWAL PLAN, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; MAKING CERTAIN FINDINGS OF FACT; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS; AND, PROVIDING AN EFFECTIVE DATE WHEREAS, on or about May 10, 1990, by and through Resolution No. 6-90, the City of McCall empowered an Urban Renewal Agency, pursuant to Chapters 20 and 29, Title 50, Idaho Code; WHEREAS, by Ordinance No. 567, the City of McCall appointed the City Council of the City of McCall as the Board of Commissioners of the McCall Urban Renewal Agency, since renamed the McCall Redevelopment Agency; WHEREAS, the McCall Redevelopment Agency, (hereinafter the "Agency") has embarked on an Urban Renewal Project to redevelop a portion of the City of McCall pursuant to the Idaho Urban Renewal Act of 1965, as amended, Chapter 20, Title 50, Idaho Code (the "Urban Renewal Act"), and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code (the "Economic Development Act"); WHEREAS, by Resolution No. II, dated October 25, 1990, the Board of Commissioners of the McCall Redevelopment Agency proposed for review and approval to the City of McCall the Railroad Avenue Urban Renewal Plan, (hereinafter "the Plan") which Plan contains revenue allocation financing provisions; WHEREAS, by Resolution No. 16-90, dated October 25, 1990, the City of McCall, by and through the Mayor and City Council, determined the Railroad Avenue project and revenue allocation area to be a deteriorated and deteriorating area as defined by Idaho Code Sections 50-2108(h), and (i), and 50-2903(6)(b), and ATTACHMENT NO. 9 (c), and forwarded the Plan to the McCall Planning and Zoning Commission for its review and recommendation as to the Plan's conformity with the Comprehensive Plan for the City of McCall; WHEREAS, the Plan has been referred to the McCall Planning and Zoning Commission as required by Idaho Code 50-2008; WHEREAS, a Notice of Public Hearing on the Plan was caused to be published by the City Administrator of the City of McCall, in the Central Idaho Star News, as required by Idaho Code 50-2008 and 50-2906; WHEREAS, the property within the project area which is contemplated by the Agency for acquisition is to be redeveloped for predominantly non-residential uses under the Plan; WHEREAS, the Plan presented by the Agency contains a revenue allocation financing provision; WHEREAS, as required by Idaho Code Section 50-2906, the said newspaper notice, together with copies of the Plan and recommendations of the Redevelopment Agency were transmitted to the governing bodies of all taxing districts which levy taxes upon property located within the revenue allocation area, including the City of McCall; the McCall -Donnelly School District; the McCall Memorial Hospital District; the Valley County Commissioners; and, the McCall Cemetery District. WHEREAS, it is necessary and in the best interests of the citizens of the City of McCall, Idaho, to adopt the Plan, including revenue allocation financing provisions in order: to encourage private development in the urban renewal area; to prevent and arrest decay of the area due to the inability of existing financing methods to provide needed public improvements; to encourage taxing districts to cooperate in the allocation of future tax revenues in the urban renewal area in order to facilitate the long-term growth of their common tax base; to encourage private investment within the City of McCall; and, to further the public purposes of the Agency. BE IT ORDAINED by the Mayor and Council of the City of McCall, Idaho: ATTACHMENT NO. 9 Section One: It is hereby found and determined that: (a) The project area as defined in the Plan is a deteriorated or a deteriorating area as defined in the Urban Renewal Act and the Economic Development Act, and qualifies as an eligible urban renewal area under the Urban Renewal Act; (b) The rehabilitation, conservation, and redevelopment of the urban renewal area pursuant to the Plan is necessary in the interest of the public health, safety, and welfare of the residents of the City of McCall, Idaho: (c) There continues to be a need for the Agency to function in the City of McCall; (d) The Plan conforms to the Comprehensive Plan for the City of McCall; (e) The Plan gives consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement and addresses the health, safety, and welfare of the residents residing within the urban renewal area and the City of McCall; (f) The Plan will afford maximum opportunity, consistent with the sound needs of the City of McCall as a whole, for the rehabilitation and redevelopment of the urban renewal area by private enterprise; (g) A feasible method exists for the relocation of any families or persons who will be displaced from the urban renewal area in decent, safe and sanitary alternative accommodations within their means and without undue hardship to such persons; (h) The redevelopment of the project area, and the acquisition of property by the Agency for predominantly non-residential uses is necessary for the proper development of the community in accordance with sound planning standards and local community objectives. Section Two: Based on the foregoing, the Plan, a copy of which is attached hereto, is hereby approved. Section Three: No direct or collateral action attacking the Plan shall be brought prior to the effective date of this ATTACHMENT NO. 9 Ordinance or after the lapse of thirty (30) days from and after the effective date of the Ordinance adopting this Plan. Section Four: 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 the McCall -Donnelly School District, the McCall Memorial Hospital District, the McCall Cemetery District, the City of McCall, and the State Tax Commission, a copy of this Ordinance, a copy of the description of the boundaries of the revenue allocation area, and a map indicating the boundaries of such area. Section Five: The City hereby approves and adopts the following statement of policy relating to the appointment of City Council members as members of the Agency's Board of Commissioners: If any City Council members continue to serve on 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 Plan, the City Council recognizes that they have no power to control the powers or operations of the Agency, and that the City of McCall, by law, has no liability therefor. Section Six: This Ordinance shall be in full force and effect from and after its passage, execution and publication in the manner required by law, and shall have the retroactive effects allowed and contemplated by the Economic Development Act. Section Seven: 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 the remaining portions of this Ordinance. ATTACHMENT NO. 9 PASSED AND APPROVED this 3 fi day of December, 1990. ,fir Ce „,) 1 JOMayor ATTACHMENT NO: 9