HomeMy WebLinkAbout09558 ORDINANCE NO. 9558
AN ORDINANCE MAKING CERTAIN LEGISLATIVE
FINDINGS AND APPROVING THE URBAN RENEWAL
PLAN FOR THE EVRAZ RAIL PROJECT AREA.
WHEREAS, by Ordinance No. 9557, the City Council of Pueblo (the “City
Council”) repealed the Urban Renewal Plan for the EVRAZ Urban Renewal Project Area
(the “Original Plan”) with the understanding that it would consider a replacement urban
renewal plan that was expanded in area and scope resulting in increased benefits to the
community and region; and
WHEREAS, the Pueblo Urban Renewal Authority staff (the “Authority Staff”)
conducted an updated Conditions Survey of the area (the “Area”) described in Exhibit A,
attached to and incorporated herein, to determine if the Area contains factors included
in the definition of “blighted area” in the Colorado Urban Renewal Law Sections 31-25-
101, et seq., C.R.S., (the “Act”); and
WHEREAS, Authority Staff prepared, submitted, and presented to the City
Council a document entitled “EVRAZ Supplemental Conditions Survey” (the “Survey”)
dated August 5, 2019, which describes in detail the conditions in the Area and is
incorporated herein by this reference; and
WHEREAS, the Authority has prepared and approved the Urban Renewal Plan
for the EVRAZ Rail Project Area (the “Plan”), a copy of which has been approved as to
form by the City Attorney and is attached hereto and incorporated herein; and
WHEREAS, the aforesaid Plan is a matter of public record in the custody of the
City Clerk and is available for public inspection during business hours of the City; and
WHEREAS, notice of the public hearing on the Plan was published as required
by Section 31-25-107(3), C.R.S., at least thirty days prior to the public hearing; and
WHEREAS, written notice was mailed or delivered to each property owner,
business, and resident of the area included in the Plan informing them of the public
hearing at least thirty days prior to the public hearing; and
WHEREAS, the Pueblo Planning and Zoning Commission has determined that
the Plan complies with the Pueblo Regional Comprehensive Development Plan (the
“Comprehensive Plan”), which is the general plan for the development of the City as a
whole; and
WHEREAS, on September 23, 2019, the City Council conducted a public hearing
and reviewed said Plan pursuant to the procedural and notice requirements of the City
Charter, and the Act, and the City Council having considered the evidence presented in
support of and in opposition to the Plan, the Survey, the City’s Comprehensive Plan,
and staff recommendations and so having considered the legislative record and given
appropriate weight to the evidence. NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Urban Renewal Area described in the Plan is found and declared to be a
blighted area as defined in the Act. This is a legislative finding by the City Council
based upon the Survey and other evidence presented to City Council.
SECTION 2.
The boundaries of the Urban Renewal Area have been drawn as narrowly as the
City Council determines feasible to accomplish the planning and development
objectives of the Plan.
SECTION 3.
The Plan has been submitted to the Board of County Commissioners of Pueblo
County, Colorado, (the “County”) together with the information required by Section 31-
25-107(3.5) of the Act. The Plan will remediate severe conditions of blight in the Urban
Renewal Area and will preserve and create significant numbers of primary
manufacturing jobs important to the City, the region, and each of the taxing bodies. The
costs of remediating conditions of blight in the Urban Renewal Area are
disproportionately high and exceed revenue available for such purposes pursuant to
Section 31-25-107(9) of the Act. In addition, new taxable improvements not included in
the Urban Renewal Area and not subject to allocation by the Act and the Plan, but
required for the operation for the proposed uses within the Urban Renewal Area, will
provide new property tax revenue to the public bodies that levy property taxes in the
Urban Renewal Area (the “Taxing Entities”).
SECTION 4.
The Taxing Entities have received (1) copies of the Plan, (2) financial information
showing the net financial benefits to the Taxing Entities from redevelopment of the
Urban Renewal Area and adjacent property not included in the Urban Renewal Area,
and (3) a proposed agreement that waives the right to claim property tax increment
revenue allocated to the Authority by the Act and related provisions necessary and in
the public interest to remediate conditions of blight and construct required
improvements in the Urban Renewal Area.
SECTION 5.
Pueblo City Schools (School District No. 60) has been permitted to participate in
an advisory capacity with respect to the inclusion in the Plan of the tax allocation
provisions authorized by Section 31-25-107(9) of the Act.
SECTION 6.
It is not expected that any relocation of individuals and families will be required in
connection with the Plan, but to the extent that any such relocation may be required, a
feasible method exists for the relocation of individuals and families in decent, safe, and
sanitary dwelling accommodations within their means and without undue hardship to
such individuals and families.
SECTION 7.
It is not expected that any relocation of business concerns will be required in
connection with the Plan, but to the extent that any such relocation may be required, a
feasible method exists for the relocation of such business concerns in the Urban
Renewal Area or in other areas that are not generally less desirable with respect to
public utilities and public and commercial facilities.
SECTION 8.
The City Council has taken reasonable efforts to provide written notice of the
public hearing prescribed by Section 31-25-107(3) of the Act to all property owners,
residents, and owners of business concerns in the proposed Urban Renewal Area at
their last known addresses at least thirty days prior to the public hearing on the Plan.
SECTION 9.
Section 31-25-107(4)(d) of the Act does not apply because no more than 120
days have passed since the commencement of the only public hearing on the Plan.
SECTION 10.
Section 31-25-107(4)(e) of the Act does not apply because the City Council did
not fail to previously approve this Plan.
SECTION 11.
The Plan conforms with the Pueblo Regional Comprehensive Development Plan,
which is the general plan for the development of the City of Pueblo as a whole.
SECTION 12.
The Plan will afford maximum opportunity, consistent with the sound needs of the
municipality as a whole, for the rehabilitation or redevelopment of the Urban Renewal
Area described in the Plan by private enterprise.
SECTION 13.
The entire Urban Renewal Area is within the corporate limits of the City.
Construction and maintenance of public improvements and provision of services in the
Urban Renewal Area will be the primary responsibility of the City, the Authority, and
private enterprise. Any impacts on the services or revenues of the Taxing Entities will
be offset by new revenues not now being collected by the Taxing Entities and directly
produced as a result of the Plan and subsequent redevelopment of the Urban Renewal
Area and adjacent property outside of the Urban Renewal Area.
SECTION 14.
The Urban Renewal Area described in the Plan does not consist of open land
within the meaning of Sections 31-25-107(5) and (6) of the Act. Therefore, the findings
and determinations set forth in such sections of the Act do not apply and are not
required.
SECTION 15.
The Authority is not authorized to acquire property through the exercise of
eminent domain.
SECTION 16.
The Urban Renewal Plan for the EVRAZ Urban Renewal Project Area has been
duly reviewed and considered and is hereby approved. The Authority is hereby
authorized to take any and all actions pursuant to the Act to carry out the Plan,
including, without limitation, (1) completing agreement with Taxing Entities as required
by applicable law and (2) filing of the Plan and related documents with the Pueblo
County Assessor.
SECTION 17.
This Ordinance shall become effective upon final passage and approvalby the
Mayor and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City council on September9
, 2019 .
Final adoption of Ordinance by City Council on September 23, 2019 .
President of City Council
Action by the Mayor:
☒
Approved on September 26, 2019 .
□
Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor
:
□
Council did not act to override the Mayor’s veto.
□
Ordinance re-adopted on a vote of , on
□
Council action on failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-8
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
September 9, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Jerry M. Pacheco, Pueblo Urban Renewal Authority Executive Director
SUBJECT: AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS AND
APPROVING THE URBAN RENEWAL PLAN FOR THE EVRAZ RAIL
PROJECT AREA
SUMMARY:
Attached is an Ordinance for City Council to approve the Urban Renewal Plan for the
EVRAZ Rail Project Area.
PREVIOUS COUNCIL ACTION:
On November 12, 2018, City Council approved Ordinance No. 09361 approving the
EVRAZ Urban Renewal Plan to begin the process of redeveloping the site.
BACKGROUND:
Since the adoption of the original EVRAZ Urban Renewal Plan, the owner of the
property described in the original plan proposes to enlarge the redevelopment area than
that defined and proposes to expand redevelopment activities including remediation of a
larger blighted area, construction of additional public and private improvements resulting
in increased benefits to the community and region.
To do so, it is necessary to repeal the EVRAZ Urban Renewal Plan and replace it with a
plan that reflects the new legally described area. The Pueblo Urban Renewal Authority
Staff prepared a document entitled “EVRAZ Supplemental Conditions Survey” dated
August 5, 2019 which describes in detail the conditions in the Area and is incorporated
herein. The Authority then prepared and approved an Urban Renewal Plan for the
EVRAZ Rail Project Area that has been approved by the City Attorney and is attached
here.
FINANCIAL IMPLICATIONS:
No direct financial impact to the City.
BOARD/COMMISSION RECOMMENDATION:
On August 13, 2019, the Pueblo Urban Renewal Authority recommended approval of
the “EVRAZ Supplemental Conditions Survey” and EVRAZ Rail Urban Renewal Plan.
The Planning and Zoning Commission will make a recommendation to City Council at
its September meeting.
STAKEHOLDER PROCESS:
Owners and representatives of CF&I Steel LP have met with City and Pueblo Urban
Renewal Authority Staff to present concerns of urban blight within a portion of the CF&I
Steel LP property. CF&I Steel LP, as the property owner, is concerned that the
suspected blighted conditions may impair the municipal economy and sound growth
leading to deterioration of the public health, safety, morals, or welfare of the City.
ALTERNATIVES:
Denial of this Resolution will result in the dismissal of the property owner’s concerns
and request for further study.
RECOMMENDATIONS:
Approval of the Resolution.
Attachments: Supplemental Conditions Survey
EVRAZ Rail Plan