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Home My WebLink AboutResolution 2009 - 15 Yellowstone-Trejo Urban RenewalX ri UR yoe CITY OF V REXBURG Ty, Americas Fandly CornmanitY RESOLUTION NO. 2009 - 15 BY THE COUNCIL: ERICKSON, MANN, STEVENS, STOUT, SCHWENDIMAN, WOODLAND A RESOLUTION BY THE REXBURG CITY COUNCIL DETERMINING A CERTAIN AREA WITHIN THE CITY TO BE A DETERIORATED OR DETERIORATING AREA AS DEFINED BY IDAHO CODE SECTIONS 50-2018(9) AND 50- 2903(8); DIRECTING THE URBAN RENEWAL AGENCY OF REXBURG TO COMMENCE THE PREPARATION OF AN URBAN RENEWAL PLAN SUBJECT TO CERTAIN CONDITIONS, WHICH PLAN MAY INCLUDE REVENUE ALLOCATION PROVISIONS FOR ALL OR PART OF THE AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Council and Mayor of Rexburg respectively on or about November 6, 1991, adopted and approved a resolution creating the Rexburg Redevelopment Agency (the "Agency"), authorizing it to transact business and exercise the powers granted by the Idaho Urban Renewal Law of 1965, as amended, Chapter 20, Title 50, Idaho Code as amended (hereinafter the "Law"), and the Local Economic Development Act, Chapter 29, Title 50, as amended (hereinafter the "Act") upon making the findings of necessity required for creating said Urban Renewal Agency; WHEREAS, the City Council of the City of Rexburg, Idaho (the "City Council"), after notice duly published, conducted a public hearing on the North Highway Urban Renewal Project pursuant to the North Highway Urban Renewal Plan (the "North Highway Plan") to redevelop a portion of the City, pursuant to the Law and the Act; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 728 on December 27, 1991, approving the North Highway Urban Renewal Plan and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on April 9, 1997, and passed Resolution No. 97.01, finding the Washington School Site Area as "deteriorated" or "deteriorating area" as defined by Idaho Code Section 50-2018(h), (i) and 50-2903(b), now codified as Idaho Code Section 50-2018(8) and (9) and 50-2903(8) respectively, declaring such area as an urban renewal area, making the necessary findings as required by Idaho Code Section 50-2008(a) and authorizing the Agency to prepare an urban RESOLUTION NO.2009 - 15 - 1 Z:\_Resolutions\2009\Resolution 2009-15 Yellowstone-Trejo Urban Renewal.doc renewal plan; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Washington School Urban Renewal Plan; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 794 on June 3, 1997, approving the Washington School Urban Renewal Plan, and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the North Highway Amended and Restated Urban Renewal Plan (the "North Highway Amended and Restated Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 815 on December 30, 1998, approving the North Highway Amended and Restated Plan and making certain findings; WHEREAS, the Rexburg City Council, after notice duly published, conducted a public hearing on the Downtown District Redevelopment Plan (the "Downtown Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 910, on December 17, 2003, approving the Downtown Plan, and making certain findings, WHEREAS, the Rexburg City Council, after notice duly published, conducted a public Hearing on the Second Amended and Restated urban Renewal Plan, North Highway Urban Renewal Project, Including South Addition (the "Second Amended and Restated Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 950, on December 21, 2005, approving the Second Amended and Restated Plan; WHEREAS, the Rexburg City Council, after notice duly published, conducted a public Hearing on the University Boulevard -South 12th West Urban Renewal Plan (the "University Boulevard Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 996, on December 19, 2007, approving the University Boulevard Plan; WHEREAS, the Agency has obtained an eligibility report ("West 2nd South Report"), which examined an area in downtown Rexburg in an area known as the West 2nd South Urban Renewal Project Area for the purpose of determining whether such area was a deteriorating area and deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the West 2nd South Report dated July 22, 2008, was submitted to the Agency and was approved by the Agency by Resolution No. 2008-03 dated August 14, 2008, and then submitted to the City Council and adopted September 3, 2008, by Resolution No. 2008- 18; RESOLUTION NO. 2009 - 15 - 2 Z:\-Resolutions\2009\Resolutioii 2009-15 Yellowstone-Trejo Urban Renewal.doc WHEREAS, it has become apparent that additional property within the City may be deteriorating or deteriorated and should be examined as to whether such an area is eligible for urban renewal planning purposes; WHEREAS, the Agency, in April 2009, requested Harlan W. Mann, Real Estate Consultant ("Consultant"), to review an area in downtown Rexburg in an area known as the Yellowstone-Trejo Urban Renewal Project Area and to prepare an eligibility report for the areas; WHEREAS, the Agency has obtained the Yellowstone-Trejo Area Urban Renewal Eligibility Report (the "Report"), dated July 28, 2009, which examined an area in Rexburg known as the Yellowstone-Trejo Area for the purpose of determining whether such areas are deteriorating areas or deteriorated areas as defined by Idaho Code, Sections 50-2018(9) and 50- 2903(8), which Report has concluded the Yellowstone-Trejo Area contains certain criteria as required by Sections 50-2018(9) and 50-2903(8); WHEREAS, the effects of the conditions outlined in the Report result in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, and constitutes an economic or social liability; WHEREAS, the Agency, on August 17, 2009 adopted Resolution No. 2009-02 accepting the Report and authorizing the Chairman of the Agency 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 Yellowstone-Trejo Area, which Plan may include a revenue allocation provision as allowed by law; WHEREAS, pursuant to Idaho Code Section 50-2008, an urban renewal project may not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; WHEREAS, Idaho Code Section 50-2904 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, after adoption of Agency Resolution No. 2009-02, the Agency Board on August 28, 2009, authorized its Consultant to examine additional parcels for inclusion within the proposed Yellowstone-Trejo project area; WHEREAS, the Agency has obtained a revised Yellowstone-Trejo Area Urban Renewal Eligibility Report, (the Revised Report) dated September 9, 2009, which examined several additional parcels for the purpose of determining whether those parcels are deteriorating or deteriorated parcels as defined by Idaho Code Section 50-2018(9) and 50-2903(8), which Revised Report has concluded the Yellowstone-Trejo Area, as revised, contains certain criteria as required by Sections 50-2018(9) and 50-2903(8); WHEREAS, the Revised Report has been submitted to the Agency, a copy of which is RESOLUTION NO. 2009 - 15 - 3 Z:\ Resolutions\2009\Resolution 2009-15 Yellowstone-Trejo Urban Renewal.doc attached hereto as Exhibit A; WHEREAS, the Agency on September 14, 2009, adopted Resolution No. 2009-03, a copy of which is attached as Exhibit B, accepting the Revised Report and authorizing the Chairman of the Agency to transmit the Revised 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 revised Yellowstone-Trejo Area, which plan may include a revenue allocation provision as allowed by law; WHEREAS, it is desirable and in the best public interest that the Agency prepare an Urban Renewal Plan for the area identified as the Yellowstone-Trejo Area in the Revised Report located in the City of Rexburg, County of Madison, State of Idaho; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO: Section 1: That the City Council of Rexburg finds and declares: (a) That the Yellowstone-Trejo Area described in the Revised Report is a deteriorated or deteriorating area existing in Rexburg as defined by Chapters 20 and 29, Title 50, Idaho Code, as amended; (b) That there is a need for the Agency, an urban renewal agency, to function in accordance with the provisions of said Chapters 20 and 29, Title 50, Idaho Code, as amended, within a designated area for the purpose of establishing an urban renewal plan; and (c) That the area identified as the Yellowstone-Trejo Area in the Revised Report is determined to be a deteriorated or deteriorating area, or a combination thereof, and such area is designated as appropriate for an urban renewal project. Section 2: That the Agency commence preparation of an Urban Renewal Plan for consideration by the Agency Board, which Plan may include a revenue allocation provision, and, if acceptable, final consideration by the City Council in compliance with Chapters 20 and 29, Title 50, Idaho Code, as amended. Section 3: That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED By the Council of the City of Rexburg, Idaho, this 7th day of October, 2009. RESOLUTION NO. 2009 - 15 - 4 Z:\ Resolutions\2009\Resolution 2009-15 Yellowstone-Trejo Urban Renewal.doc APPROVED By the Mayor of the City of Rexburg, Idaho, this 7t" day of October, 2009. APPROVED: 6��- fillo- �- CHRISTOPHER MANN ACTING MAYOR ATTEST: BLAIR D. KAY CITY CLERK RESOLUTION NO. 2009 - 15 - 5 Z:\ Resolutions\2009\Resolution 2009-15 Yellowstone-Trejo Urban Renewal.doe