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HomeMy WebLinkAbout09938RESOLUTION NO. 9938 A RESOLUTION FIXING THE DATE FOR A PUBLIC HEARING ON A PETITION FOR THE ORGANIZATION OF THE NORTH GATEWAY NUMBER 1 BUSINESS IMPROVEMENT DISTRICT AND AUTHORIZING THE CITY CLERK TO PUBLISH NOTICE OF SAME WHEREAS, the City Clerk has received a Petition for the organization of the North Gateway Number 1 Business Improvement District, pursuant to Section 31-25-1201 et. seq., Colorado Revised Statutes (C.R.S.); NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A public hearing on the Petition for the organization of the North Gateway Number 1 Business Improvement District, as provided by 31-25-1206, C.R.S., be and is hereby fixed for September 22, 2003 at 7:00 p.m. in the City Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado. SECTION 2. The City Clerk of the City of Pueblo is directed to publish and mail notice for such hearing as provided by section 31-25-1206, C.R.S. INTRODUCED August 25, 2003 BY Al Gurule/Councilperson APPROVED: Bill Sova/President of City Council ATTEST: City Clerk Background Paper for Proposed RESOLUTION AGENDA ITEM DATE: August 25, 2003 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT/JIM MUNCH PLANNING DEPARTMENT/CATHY GREEN, AICP TITLE A RESOLUTION FIXING THE DATE FOR A PUBLIC HEARING ON A PETITION FOR THE ORGANIZATION OF THE NORTH GATEWAY NUMBER 1 BUSINESS IMPROVEMENT DISTRICT AND AUTHORIZING THE CITY CLERK TO PUBLISH NOTICE OF SAME ISSUE Should the City Council hold a public hearing on the creation of a Business Improvement District in the vicinity of the Eden Interchange and the Dillon Flyover? RECOMMENDATION Approve the Resolution to hold the public hearing. BACKGROUND As the Pueblo Community has grown in the vicinity of the Eden/I-25 Interchange, the Pueblo Boulevard/U.S. Highway 50 Interchange, and the South Pueblo Boulevard/I-25 Interchange, City staff has researched what other communities in Colorado have done to help address the enormous infrastructure challenges faced by these developments, where development of the land around these interchanges would generate significant community benefits. Our research has found that the most successful of these developments have been partnerships between the City and the private sector through some revenue sharing agreement usually through the creation of some kind of special district or districts where the districts help fund some of the extraordinary infrastructure. The recently adopted Pueblo Comprehensive Plan identifies a similar Targeted Infrastructure Investment Policy as an implementation technique to require the City to get back into the business of providing some infrastructure in advance of need - but to do so in targeted areas, carefully coordinated with other services and facility providers. WL Enterprises Ltd (WL) is the largest landholder on Pueblo's north side area and adjoins 1-25 to the east and west in the area of Dillon Drive and Eden. Discussions with WL led WL to agree to Master Plan or re-Master Plan its holdings. Of significant interest was determining what type of process might be utilized to address the nccd to develop the Eden 1-25 Interchange, particularly as it related to the Dillon Drive Flyover/Overpass. In the Master Plan for Outlook East it was discussed and anticipated that some type of special district(s) would be needed to address these types of issues. The Master Plan addresses the sharing of certain costs. This led to the discussion of the use of a Business Improvement District (BID) and a 63-20 non-profit corporation to help fund these infrastructure costs. Similar municipal entities were used, together with some additional mechanisms, in the recent development of the Colorado Mills project in Lakewood. A BID is created by ordinance of the City pursuant to the BID statute, 31-25-1201 et see., Colorado Revised Statutes. The Board of the BID is the City Council or the City Council may appoint a Board. The creation of the BID is a mechanism which will allow the City (but not obligate the City), through annual appropriations of funds based upon the new sales generated by the proposed commercial development to fund a targeted investment in the infrastructure required to build the Dillon Flyover. Recent discussions have led to breaking the area into three proposed areas for BIDs. The first, known as North Gateway Number 1 Business Improvement District lies, generally, west of 1-25, south of Dillon Drive, east of Outlook and north of Harley- Davidson. The second BID, North Gateway Number 2 will include the land within the Eaglecross Business Park Master Plan, the balance of the property within the Outlook East is owned by another party. The third BID, if created, would include the land owned by Summo in the area of the Eden Interchange. The creation of these BIDs is a function of both a determination of a "community benefit", achievement of the objectives of the Comprehensive Plan and the elements of the Master Plan. The need for there to be a "community benefit" is a core value to induce the City to create such a BID, and to annually appropriate funds to the BID. We are currently losing business to the north, and creation of this roadway network, with the corresponding commercial development, will help ensure the commercial base of the Pueblo economy into the future. Hence the "community benefit". Subsequent to the creation of the BID, by ordinance adopted by City Council, there would be an intergovernmental agreement between the City and the BID. This intergovernmental agreement is contemplated to provide a mechanism for creating the necessary planning, design, engineering and supporting infrastructure for the construction of the Dillon Drive Flyover ("Flyover Improvements"). The BID, in time, would be able to pay for such things as the 1601 study required for the flyover, dirt work, road work, utilities and similar components needed for the Flyover Improvements. The BID would be funded by annual appropriations from City Council, based upon new revenue being generated from the businesses within the BID. A model showing the type of new revenues that would reasonably be expected to be generated reflects that only a portion of the new revenues would go to the BID. The BID would be able to enter into contracts with developers, or others, for the construction of the Flyover Improvements. In tandem with the creation of the BID would be the creation of a 63-20 non-profit corporation. The 63-20 non-profit corporation is a special kind of non-profit corporation that would actually be created by City Council, but like the BID would be a distinct and separate entity. The boundaries of the 63-20 would be identical with the boundaries of the BID. The property owners within the boundaries would agree to impose a public improvement fee on sales that occur on the property; this agreement would be binding on subsequent owners and the tenants, by contract, and the owners and tenants would be required to collect the public improvement fee. In the current proposal there would be a public improvement fee imposed equal to % of one cent on all retail sales within the 63-20 area. These funds could then be used for certain designated extraordinary expenses in excess of what would be normally required of the developer, for required public improvements, that are necessary because of the nature of the development of the area and the Flyover Improvements. The determination of these categories and the allocated expense would be a function of an agreement between the City and the 63-20 non-profit. FINANCIAL IMPACT The proposed funding of the BID is through an annual appropriation of funds by the City Council based upon new sales generated by the Development which would not otherwise occur within the City. The exact amount will be negotiated by the City and the BID based upon the anticipated new sales, new revenue brought into the community by this development, and the cost of the Flyover Improvements. TO: THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO PETITION IN RE THE ORGANIZATION OF THE NORTH GATEWAY NUMBER 1 BUSINESS IMPROVEMENT DISTRICT, CITY OF PUEBLO, COLORADO RECITAL WltEREAS, Section 31-25-1201 et seq., Colorado Revised Statutes (the "BID Act") authorizes the creation of business improvements districts within the boundaries of a municipality, and the BID Act sets forth the method of creating a business improvement district; and WHEREAS, Section 31-25-1205, Colorado Revised Statutes ("C.R.S."), provides that the organization of a business improvement district shall be initiated by petition subscribed by the owner or owners of property having a valuation for assessment of not less than 50% of the valuation for assessment of all real and personal property in the service area of the proposed district and who own at least 50% of the acreage in the proposed district. NOW THEREFORE, the undersigned being the owner of one hundred percent (100%) of the taxable real and personal property in the service area of the proposed North Gateway Number 1 Business Improvement District ("District"), presents this Petition for the Organization of a Business Improvement District pursuant to and in accordance with Part 12 of Article 25 of Title 31, C.R.S., as amended, and in support of the Petition, state as follows: 1. Name of District. The name of the proposed District shall be the "North Gateway Number 1 Business Improvement District." 2. Boundaries and Service Area of the District. The boundaries and the service area of the proposed district are described in Exhibit A, which is attached hereto and incorporated herein by this reference. 3. Description of Services and Improvements. The District shall be authorized to provide for the design, planning, engineering, acquisition, construction and financing of certain public improvements and all necessary, incidental and pertinent structures and real property interests (collectively the "Improvements"), and for the provision of services related thereto, all more particularly described on Exhibit B, which is attached hereto and incorporated herein by this reference. 1453984.vl 4. Waiver of Right to Exclude Property. With full knowledge that the taxable real and personal property owned by the undersigned could be excluded from the proposed District, the undersigned hereby requests that said property be included into the proposed District and, further, the undersigned hereby irrevocably waives all rights it may hereafter have to petition for exclusion from the District. 5. Governing Body. Pursuant to Section 31-25-1209(1)(b) C.R.S., Petitioner requests that the City Council create a Board of Directors consisting of five qualified electors of the District to be appointed by City Council. 6. Onerating Plan and Budget An operating plan and budget for the District for the balance of 2003 and for 2004 will be submitted to the City Council no later than September 30, 2003, in accordance with Section 31-25-1211 C.K.S. 7. Petitioner's Representative. The names of three persons who have the power to enter into agreements relating to the organization of the District are: Dee Rogers Brown, Abel Manzanares and Wayne Lovelady. 8. The Tabor Election. The questions of incurring indebtedness to finance the cost of the Improvemeats and the establishment of a mill levy for the operation and maintenance thereof, may be submitted to the electors of thc District, after approval by City Council, in compliance with Article X, Section 20 of the Colorado Constitution and the BID Act. WHEREFORE, the undersigned Petitioner prays that the City Council of the City of PueblO, Colorado, adopt an ordinance organizing mad establishing the District, and approving its operating plan and budget for the balance of 2003 and 2004, all ia accordance with this Petition and the law. Respectfully submitted this 5'~9 day of August 2003. W L Enterprises Ltd l~oject Manager State of Colorado ) ) ss County of Pueblo The foregoing was acknowledged before me this ~ day of August, 2003 by Dee Kogers Brown as Project Manager of WL Enterprises, Ltd. 1453984.vl My commission expires: Notary Public 1¢53984.vi EXItnmlT A Property Description A parcel of land located in the City of Pueblo, County of Pueblo, State of Colorado, lying within the Outlook East Master Plan and generally described as being bordered on the east by the westerly right of way line of Interstate 25, bordered on the south by the south boundary of the Outlook East Master Plan, bordered on the west by the easterly right of way of Outlook Boulevard, as the same is shown on the Outlook East Master Plan, and being bordered on the north by the northerly right of way line of Dillon Drive (formerly Platteville Blvd.) as the same is shown on the Outlook East Master Plan. The property is legally described as: See attached legal description 1453984.vl EXI-IrRIT B Description of Public Improvements Proposed for BID * Interstate highway structures directly serving the area within the BID · Streets, including bicycle paths, curbs and gutters, and traffic safety devices · Street lights · Drainage facilities and detention ponds · Landscaping of common areas · Identification signs · Relocation and improvement of existing electrical, gas, water and/or sewer lines as is necessary · Other "improvements" as that term is defined in Section 31-25-1203(5) C.R.S. · The provision of services as described in Section 31-25-1212(1)(0 C.R.S. · The exercise of any and all other powers that are granted to Business Improvement Districts under Section 31-25-1212 C.R.S., and other laws 1453984.vl NORTH GATEWAY NUMBER 1 BUSINESS IMPROVEMENT DISTRICT A parcel of land being a portion of the SW ¼ of the SE ¼ and the SW ¼ of Section 1 and a portion of the SE ¼ of Section 2 and a portion of the NW ¼ mad the W ½ of the NE ¼ of Section 12, Township 20 South, Range 65 West of the Sixth Principal Meridian, Pueblo County Colorado, being more particularly described as follows: BEGINNING at the most northwesterly comer of Slcyview Subdivision according to the recorded plat thereof, filed for record November 5, 1980 in Book 2049 at Page 905 in the records of the Pueblo County Clerk and Recorder, said point also being on the easterly line of that parcel of land described in that document, filed for record January 18, 1985 in Book 2228 at Page 426 in the records of the Pueblo County Clerk and Kecorder, from which the SW comer of said Section 1 bears N 61°21'38" W (Bearings based on the west line of the SW ¼ of said Section 1 monumented at the north end with a 1 ~" aluminum Tri-Co cap PLS 7168 and at the south end with a 3" brass cap on a 2" iron pipe PLS 9009 assumed to bear N 07°03'43'E) a distance of 2255.54 feet; thence along the easterly and northerly line of said parcel described in Book 2228 at Page 426 the following five ( 5 ) COUrSes: 1. N 13017'40" W a distance of 697.51 feet; (S 13°19'17" E deed) 2. S 87°55'44" W a distance of 257.81 feet; (N 87° 54'07" E, 257.81 feet deed) 3. S 52o38'33" W a distance of 600.67 feet; (N 52°36'56'E deed) 4. N 22°08'34"W a distance of 1077.26 feet; 5. S 67°51'26"W a distance of 139.33 feet to a point on the easterly right of way hne of Outlook Boulevard; Thence northerly along said easterly right of way line and said right of way line extended the following three ( 3 ) courses; 1. N 20°57'16"W a distance of 470.52 feet; 2. along the arc of a Curve to the right having a central angle of 05°07'45'' and a radius of 2450.00 feet a distance of 219.33 feet; 3. N 15o49, 13"W a distance of 1241.31 feet to a point on the northerly right of way line of Dillon ( Platteville Boulevard ) Drive, according to that document filed for record October 5, 1992 in Book 2617 at Page 298-299 in the records of the Pueblo County Clerk and Recorder; thence easterly along said northerly right of way line the following six ( 6 ) courses: 1. along the arc of a non-tangent curve to the lef~ whose center bears N 18°50'50"W and having a central angle of 03°17'51'' and a radius of 1000.27 feet a distance of 57.57 feet; 2. N 67°51'17"E a distance of 561.60 feet; 3. along the arc ora curve to the right having a central angle of 04°36'17'' and a radius of 1100.27 feet a distance of 88.43 feet; 4. N 72o27'35'' E a distance of 901.85 feet; 5. along the arc of a curve to the fight having a central angle of 17°03'15'' and a radius of 900.22 feet a distance 267.95 feet; 6. N 89°30'51" E a distance of 439.48 feet to apoint on the westerly right of way line of Interstate No. 25; thence southerly along said westerly fight of way line the following seven (7) courses: 1. along the arc of a non-tangent curve to the left whose center bears N 84013'24'' E and having a central angle of 07°29'16'' and a radius of 5830.00 feet, and a distance of 761.90 feet; 2. S 13o15'52" E a distance of 767.60 feet; 3. S 08°32'07'' W a distance of 107.70 feet; 4. S 13°15'52 E a distance of 200.00 feet; 5. S 35o03'53" E a distance of 107.70 feet; 6. S 13°15'52'' E a distance of 2338.74 feet; 7. S 05o44'52" E a distance of 343.09 feet to the northeasterly comer of Eaglecross Subdivision 4th Filing according to the recorded plat thereof filed for record December 30, 1998 at Reception No. 1256096 in the records of the Pueblo County Clerk and Recorder; thence N 89°56'51'' W along the northerly line of said Eaglecross Subdivision 4th Filing a distance of 355.39 feet to a point on the easterly line of said Skyview Subdivision; thence northerly and westerly along the easterly and northerly line of said Skyview Subdivision the following four (4) courses: 1. N 08o55'47'' W a distance of 1048.11 feet; 2. S 80o57'35'' W a distance of 474.24 feet; 3. N 57057'07" W a distance of 95.30 feet; 4. S 32°02'03"W a distance of 209.96 feet to the POINT OF BEGINNING. Said parcel contains 163.61 acres, more or less. ROCKY ~ PROFESSIONAL LAND SURVEYOR P.L.S. NO. 16128 DATE