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HomeMy WebLinkAboutResolution 2020 - 12 Determine a Deteriorating Area for Commencement of New Urban Renewal Plan - North Central District/ Resolution No. 2020-12 BY THE COUNCIL: A RESOLUTION BY THE REXBURG CITY COUNCIL DETERMINING A CERTAIN AREA WITHIN THE CITY OR WITHIN THE CITY’S AREA OF OPERATION, TO BE A DETERIORATED AREA OR A 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 the City of Rexburg, respectively, on or about November 6, 1991, adopted and approved a resolution creating the Urban Renewal Agency of the City of Rexburg, also known as Rexburg Redevelopment Agency (the “Agency”), authorizing it to transact business and exercise the powers granted by the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (hereinafter the “Law”) and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (hereinafter the “Act”) upon making the findings of necessity required for creating said Agency; WHEREAS, 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 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 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 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 North Highway Plan”); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 950 on December 21, 2005, approving the Second Amended and Restated North Highway Plan, and making certain findings; WHEREAS, the 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, and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Amended and Restated Downtown District Redevelopment Plan (the “Amended and Restated Downtown Plan”); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 1035 on December 2, 2009, approving the Amended and Restated Downtown Plan, and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Second Amended and Restated Downtown District Redevelopment Plan, Downtown Urban Renewal Project (the “Second Amended and Restated Downtown Plan”); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 1123 on November 5, 2014, approving the Second Amended and Restated Downtown Plan, and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan for the North Interchange Urban Renewal Project (the “North Interchange Plan”); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 1134 on December 2, 2015, approving the North Interchange Plan, and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Second Amended and Restated Urban Renewal Plan, North Highway Urban Renewal Project, Including South Addition (the “First Amendment to the Second Amended and Restated North Highway Plan”) seeking deannexation of a number of parcels from the existing Project Area; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 1230 on June 17, 2020, approving the First Amendment to the Second Amended and Restated North Highway Plan, and making certain findings; WHEREAS, the above referenced urban renewal plans and their project areas are collectively referred to as the Project Areas; 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, based on inquiries and information presented, the City commenced certain discussions concerning examination of an additional area within the City and unincorporated Madison County as appropriate for an urban renewal project; WHEREAS, in July 2020, the City authorized Richard Horner, to commence an eligibility study and preparation of an eligibility report of an area including necessary properties and roadway along the proposed extension of North 5th West from the Madison County Fairgrounds to West Moody Road, including properties necessary to construct an overpass on West Moody Road over State Highway 20. The proposed area also includes properties and roadway along North 2nd East and the North Yellowstone Highway from East 1st North to East Moran View Road. The proposed area also includes properties and roadway along East 7th North and Barney Dairy Road. It also includes undeveloped properties between East 7th North and Barney Dairy Road and East 2nd North. Lastly, the area also includes necessary properties along the proposed extension of East Parkway from about 6th South to East Moody Road. Collectively this area is referred to as the “North Central Study Area.” WHEREAS, the Agency obtained The North Central Area Urban Renewal Eligibility Report, dated July 3, 2020 (the “Eligibility Report”), a copy of which is attached hereto as Exhibit A, which examined the North Central Study Area, which area also included real property located within unincorporated Madison County, for the purpose of determining whether such area was a deteriorating area or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the Agency, on July 9, 2020, adopted Resolution No. 2020-__ (a copy of which is attached hereto as Exhibit B) accepting the Eligibility Report and authorizing the Chairman of the Agency to transmit the Eligibility 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 North Central Study Area, which plan may include a revenue allocation provision as allowed by law; WHEREAS, the Agency also authorized the transmittal of the Eligibility Report to Madison County for purposes of obtaining a resolution determining such area to be deteriorated and/or deteriorating and appropriate for an urban renewal project; WHEREAS, pursuant to Idaho Code Sections 50-2018(9) and 50-2903(8), which lists the definition of a deteriorating area and a deteriorated area, many of the conditions necessary to be present in such an area are found in the North Central Study Area, i.e., a. predominance of defective or inadequate street layout; b. faulty lot layout in relation to size, adequacy, accessibility or usefulness; c. insanitary or unsafe conditions; d. deterioration of site and other improvements; e. existence of conditions which endanger life or property by fire and other causes; and f. any combination of such factors. WHEREAS, the North Central Study Area contains open land; 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 sought growth of a municipality; WHEREAS, Idaho Code Sections 50-2018(9), 50-2903(8) and 50-2008(d) list the additional conditions applicable to open areas, which are the same or similar to the conditions set forth above; WHEREAS, such additional conditions regarding open areas are present and are found in the North Central Study Area; WHEREAS, the effects of the listed conditions cited in the Eligibility 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 Eligibility Report includes a preliminary analysis concluding the base assessment roll value for the North Central Study Area along with the base assessment rolls for the existing Project Areas does not exceed 10% of the overall current assessed valuation of all taxable property within the City; WHEREAS, under the Law and Act, specifically Sections 50-2903(8)(f) and 50-2018 (8) and (9), the definition of a deteriorating area shall not apply to any agricultural operation as defined in section 22-4502(2) Idaho Code, 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 North Central Study Area includes parcels subject to such consent. While the necessary consents have not been obtained, any and all consents shall be obtained prior to City Council consideration of any urban renewal plan; WHEREAS, Idaho Code Section 50-2018(18) states that an urban renewal agency cannot exercise jurisdiction over any area outside the city limits without the approval of the other city or county declaring the need for an urban renewal plan for the proposed area; WHEREAS, a portion of the North Central Study Area includes certain properties within the City’s area of operation and within unincorporated Madison County; WHEREAS, the Madison County Board of County Commissioners was asked to adopt a resolution finding the need for an urban renewal project for the proposed North Central Study Area; WHEREAS, the Madison County Board of County Commissioners adopted the Agency’s finding concerning the proposed North Central Study Area by adopting Resolution No. ____ on July 13, 2020, which Resolution is attached hereto as Exhibit C, without the exhibits attached thereto; 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 50-2906, 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 a deteriorating area; WHEREAS, it is desirable and in the best public interest that the Agency prepare an urban renewal plan for the area identified as the North Central Study Area in the Eligibility Report located in the city of Rexburg, and within the City’s area of operation; 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 North Central Study Area described in the Eligibility Report is a deteriorated area or a deteriorating area existing in the City and the City’s area of operation 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; (c) That the area identified as the North Central Study Area in the Eligibility Report is determined to be a deteriorated area or a deteriorating area, or a combination thereof, and such area is designated as appropriate for an urban renewal project; (d) That the area identified as the North Central Study Area in the Eligibility Report includes certain properties within the City’s area of operation and within unincorporated Madison County. The Madison County Board of County Commissioners has adopted a resolution finding the need for an urban renewal project for the proposed North Central Study Area; (e) That the Agency will need to receive the required agricultural consents from the property owners prior to formally submitting the proposed urban renewal plan to the City Council for its consideration. Section 2: That the City Council hereby directs the Agency to commence preparation of an Urban Renewal Plan for consideration by the Agency Board 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 15th day of July 2020. APPROVED By the Mayor of the City of Rexburg, Idaho, this 15th day of July 2020. APPROVED: ____________________________________ MAYOR ATTEST: ________________________________________ CITY CLERK EXHIBIT A The North Central Area Urban Renewal Eligibility Report, dated July 3, 2020 EXHIBIT B Rexburg Urban Renewal Agency Resolution No. ____, dated July 9, 2020, Accepting the Eligibility Report EXHIBIT C Madison County Board of County Commissioners Resolution No. ____, dated July 13, 2020, Accepting the Eligibility Report 4852-5562-3874, v. 1