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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 WHEREAS, by Ordinance No. 9557, the City Council of Pueblo (the “City Council”) repealed the Urban Renewal Plan for the EVRAZ Urban Renewal Project Area (the “Original Plan”) with the understanding that it would consider a replacement urban renewal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