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HomeMy WebLinkAboutResolution 2025 - 12 West Highway District Area Eligibility Report Resolution_City Council RESOLUTION NO. 2025-12 BY THE COUNCIL: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, DETERMINING A CERTAIN AREA WITHIN THE CITY, AND WITHIN THE CITY’S AREA OF OPERATION, TO BE A DETERIORATED AREA AND/OR A DETERIORATING AREA AS DEFINED BY IDAHO CODE SECTIONS 50-2018(8), (9) AND 50-2903(8); DIRECTING THE URBAN RENEWAL AGENCY OF THE CITY 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, Idaho, 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 (the “City Council”) of the city of Rexburg, Idaho (the “City”), 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, making certain findings, and establishing the Downtown Plan revenue allocation area (the “Downtown Plan Project Area”); 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, making certain findings, and establishing the University Boulevard Plan revenue allocation area (the “University Boulevard Plan Project Area”); 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, making certain findings, and establishing the Amended and Restated Downtown Plan revenue allocation area (the “Amended and Restated Downtown Plan Project Area”); 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, making certain findings, and establishing the Second Amended and Restated Downtown Plan revenue allocation area (the “Second Amended and Restated Downtown Plan Project Area”); 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, making certain findings, and establishing the North Interchange Plan revenue allocation area (the “North Interchange Plan Project Area”); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan for the North Central Urban Renewal Project (the “North Central Plan”); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 1242 on December 16, 2020, approving the North Central Plan, making certain findings, and establishing the North Central Plan revenue allocation area (the “North Central Plan Project Area”); WHEREAS, the above referenced urban renewal plans are collectively referred to as the “Existing Urban Renewal Plans,” and their respective existing revenue allocation project areas are collectively referred to as the “Existing Project Areas;” WHEREAS, it has become apparent that additional property, a portion of which is located within the City, and a portion of which is located within the City’s area of operation and within unincorporated Madison County, may be deteriorating or deteriorated and should be examined as to whether such an area is eligible for an urban renewal project; WHEREAS, the Agency engaged the services of Brad Cramer, Perspective Planning & Consulting LLC, to commence an eligibility study and preparation of an eligibility report of an area approximately 840 acres in size and is generally bounded by 1000 South on the south, U.S. Highway 20 on the east, 3000 West on the west and 2000 North on north. Collectively this area is referred to as the “West Highway District Study Area.” WHEREAS, the Agency obtained The West Highway District Eligibility Report (the “Eligibility Report”), a copy of which is attached hereto as Exhibit A, which examined the West Highway District 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 and/or a deteriorated area as defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8); WHEREAS, pursuant to Idaho Code Sections 50-2018(8), (9) and 50-2903(8), which define a deteriorating area and a deteriorated area, many of the qualifying conditions necessary to be present in such an area are found in the West Highway District Study Area, including; a. predominance of defective or inadequate street layout, b. outmoded street patterns; c. need for correlation of area with other areas of by streets and modern traffic requirements; d. faulty lot layout in relation to size, adequacy, accessibility or usefulness; obsolete platting; e. insanitary or unsafe conditions; f. diversity of ownership; g. existence of conditions which endanger life or property by fire and other causes; h. substantially impairs or arrests the sound growth of a municipality; i. conditions which retard development of the area; and j. results in economic underdevelopment of the area and economic disuse. WHEREAS, the West Highway District Study Area includes open space/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 sound growth of a municipality. See Idaho Code § 50-2903(8)(c); WHEREAS, Idaho Code §§ 50-2018(8), (9), 50-2903(8) and 50-2008(d) list additional conditions applicable to open land areas, including open land areas to be acquired by the Agency, which are the same or similar to the conditions set forth in the definitions of “deteriorating area” and “deteriorating area;” WHEREAS, the Eligibility Report addresses the findings concerning the eligibility of open land within the West Highway District Study Area as defined in Idaho Code Sections 50-2018(9), 50-2903(8)(c), and 50-2008(d); 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, under the Law and Act, Idaho Code 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 West Highway District 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, the Agency, on October 15, 2025, adopted Resolution No. 2025-03 (a copy of which is attached hereto as Exhibit B and incorporated herein by this reference, without attachments thereto) accepting the Eligibility Report and authorizing the Chair and Administrator 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 West Highway District 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 the Madison County Board of County Commissioners for the purpose of obtaining a resolution determining such area to be deteriorated and/or deteriorating and appropriate for an urban renewal project; 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 West Highway District Study Area includes certain real property located within the City’s area of operation and within unincorporated Madison County; WHEREAS, the Agency submitted Agency Resolution No. 2025-03 and the Eligibility Report to the Madison County Board of County Commissioners, and the Commissioners were asked to adopt a resolution finding the need for an urban renewal project for the proposed West Highway District Study Area; WHEREAS, on October 27, 2025, representatives of the City and the Agency presented the Eligibility Report to the Madison County Board of County Commissioners requesting the Commissioners to consider adopting the findings concerning the proposed West Highway District Study Area; WHEREAS, on October 27, 2025, the Madison County Board of County Commissioners pursuant to Resolution No. 531 found the West Highway District Study Area to be in need of an urban renewal project area, which Resolution is attached hereto as Exhibit C, without the exhibits attached thereto; WHEREAS, the Eligibility Report includes a preliminary analysis concluding the base assessment roll value for the West Highway District Study Area together with the combined base assessment roll values for the Existing Project Areas do not exceed 10% of the current assessed valuation of all taxable property within the City; 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 West Highway District Study Area in the Eligibility Report located in the city of Rexburg, and within the City’s area of operation and in unincorporated Madison County; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO: Section 1. That the City Council acknowledges acceptance and receipt of the Eligibility Report. Section 2. That the City Council finds and declares there are one or more areas within the City, and within the City’s area of operation, which are deteriorating or deteriorated areas as defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8). Section 3. That the City Council finds and declares that the West Highway District Study Area identified in the Eligibility Report, attached hereto as Exhibit A and made a part hereof by reference, is a deteriorated area and/or a deteriorating area existing in the City and the City’s area of operation, as defined in Title 50, Chapters 20 and 29, Idaho Code, as amended, and qualifies for an urban renewal project and justification exists for designating the area as appropriate for an urban renewal project. Section 4. That the City Council finds and declares there is a need for the Agency, an urban renewal agency, to function in accordance with the provisions of Title 50, Chapters 20 and 29, Idaho Code, as amended, within a designated area for the purpose of establishing an urban renewal plan. Section 5. That the rehabilitation, conservation, development and redevelopment, or a combination thereof, of such area is necessary and in the interest of the public health, safety, and welfare of the residents of the City. Section 6. Based on the Eligibility Report, the City Council makes the findings that: The West Highway District Study Area identified in the Eligibility Report is determined to be a deteriorating area as defined by Idaho Code, Section 50-2018(9) and 50-2903(8) and/or a deteriorated area as defined by Idaho Code, Section 50-2018(8) and 50-2903(8); The West Highway District Study Area identified in the Eligibility Report is determined to be appropriate for an urban renewal project. Section 7. That the area identified as the West Highway District 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 West Highway District Study Area consistent with Idaho Code Section 50-2018(18). Section 8. That the City Council hereby directs the Agency to commence the preparation of an urban renewal plan for the West Highway District Study Area described in the Eligibility Report for consideration by the Agency Board and, if acceptable, final consideration by the City Council in compliance with Title 50, Chapters 20 and 29, Idaho Code, as amended. Section 9. That in the event the parcels located within unincorporated Madison County are included in any proposed urban renewal plan or revenue allocation area, the City Council will seek to obtain an agreement with Madison County, Idaho, as required by Idaho Code Section 50-2906(3)(a)(ii). Section 10. That City and Agency staff shall obtain the necessary agricultural operation consents from the property owner(s) prior to City Council consideration of an urban renewal plan. Section 11. 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 18th day of November 2025. APPROVED By the Mayor of the City of Rexburg, Idaho, this 18th day of November 2025. APPROVED: ____________________________________ MAYOR ATTEST: ________________________________________ CITY CLERK EXHIBIT A West Highway District Eligibility Report EXHIBIT B Rexburg Urban Renewal Agency Resolution No. 2025-03, dated October 15, 2025 Accepting the Eligibility Report (without attachments) EXHIBIT C Madison County Board of County Commissioners Resolution No. 531, dated October 27, 2025, Accepting the Eligibility Report (without attachments) 4916-8865-2406, v. 1