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HomeMy WebLinkAboutExhibit B - URA Resolution 2020.03RESOLUTION NO. 2020-03 BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF REXBURG, IDAHO: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE REXBURG URBAN RENEWAL AGENCY, THE URBAN RENEWAL AGENCY OF THE CITY OF REXBURG, IDAHO, ACCEPTING THAT CERTAIN REPORT ON ELIGIBILITY FOR CERTAIN PROPERTY REFERRED TO AS THE NORTH CENTRAL AREA AS AN URBAN RENEWAL AREA AND REVENUE ALLOCATION AREA AND JUSTIFICATION FOR DESIGNATING THE AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AUTHORIZING THE CHAIRMAN OR ADMINISTRATOR TO TRANSMIT THE REPORT AND THIS RESOLUTION TO THE MADISON COUNTY BOARD OF COUNTY COMMISSIONERS AND THE CITY COUNCIL OF THE CITY OF REXBURG REQUESTING THEIR CONSIDERATION FOR DESIGNATION OF AN URBAN RENEWAL AREA AND SEEDING FURTHER DIRECTION FROM THE COMMISSION AND COUNCIL; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION, made on the date hereinafter set forth by the Rexburg Urban Renewal Agency of the city of Rexburg, Idaho, an independent public body, corporate and politic, authorized under the authority of 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'), a duly created and functioning urban renewal agency for Rexburg, Idaho, hereinafter referred to as the "Agency." WHEREAS, by Resolution dated November 6, 1991, the City Council (the "City Council") of the city of Rexburg (the "City") created an urban renewal agency, pursuant to the Law, authorizing the Agency to transact business and exercise the powers granted by the Law and the Act upon making the findings of necessity required for creating the 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 malting 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"); RESOLUTION NO. 2020-03- 1 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 malting 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 121h 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"); RESOLUTION NO. 2020-03- 2 WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 1134 on December 2, 2015, approving the North Interchange Plan, and malting 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, 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 1 st 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 has 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, pursuant to Idaho Code Sections 50-2018(9) and 50-2903(8), which lists the definition of deteriorating and deteriorated area, many of the conditions necessary to be present in such an area 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 areas, substantially impairs or arrests the sound growth of a RESOLUTION NO. 2020-03- 3 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 Project Areas does not exceed 10% of the current assessed valuation of all taxable property within the City; WHEREAS, under the Law, Sections 50-2903(8)(1) 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 unincorporated Madison County; WHEREAS, the Madison County Board of County Commissioners will be asked to adopt a resolution finding the need for an urban renewal project for the proposed North Central Study Area; WHEREAS, the Eligibility Report addresses the necessary findings concerning the eligibility of open land within the North Central Study Area as defined in Idaho Code Sections 50-2018(9), 50-2903(8)(c), and 50-2008(d); 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 deteriorating area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE REXBURG URBAN RENEWAL AGENCY, REXBURG, IDAHO: Section 1. That the above statements are true and correct. RESOLUTION NO. 2020-03- 4 Section 2. That the Board acknowledges acceptance and receipt of the Eligibility Report. Section 3. That there are one or more areas within the City of Rexburg and within unincorporated Madison County, which are deteriorating or deteriorated areas as defined by Idaho Code, Sections 50-2018(9) and 50-2903(8), and as more fully set forth in the Eligibility Report, attached hereto as Exhibit A. Section 4. That one such area is an area more commonly known as the North Central Study Area, and as more fully described in the Eligibility Report. Section 5. That the rehabilitation, conservation, development, and redevelopment, or a combination thereof, of such area is necessary in the interest of the public health, safety, and welfare of the residents of the City. Section 6. That the Chairman of the Agency Board of Commissioners or Administrator is hereby authorized to transmit the Eligibility Report to the City Council requesting that the City Council: a. Determine whether the North Central Study Area identified in the Eligibility Report qualifies as an urban renewal project and justification for designating the area, as appropriate, for an urban renewal project; Provided, however, the Agency requests the City Council not take such action until Madison County has approved a resolution declaring the need for an urban renewal project for the North Central Study Area; If such designation is made, whether the Agency should proceed with the preparation of an urban renewal plan for the area, which plan may include a revenue allocation provision as allowed by law. C. Coordinate with the Agency to obtain the required agricultural operation consent from the property owners. Section 7. That the Chairman of the Agency Board or Administrator is hereby authorized to transmit the Eligibility Report to Madison County Board of County Commissioners for its consideration pursuant to Idaho Code Section 50-2018(18). Section 8. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION NO. 2020-03- 5 PASSED by the Rexburg Urban Renewal Agency of Rexburg, Idaho, on July 9, 2020. Signed by the Chairman of the Board of Commissioners, and attested by the Secretary to the Board of Commissioners, on July 9, 2020. REXBURG URBAN RENEWAL AGENCY BY l , Chairman ATTEST: BY W1 &daG &PM? Secretary -3026-5380, v. 3 4814-1356-7938, v. 1 RESOLUTION NO. 2020-03- 6