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.
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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:
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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.
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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
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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