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HomeMy WebLinkAbout10790ORDINANCE NO. 10790 AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS AND APPROVING THE COLORADO SMELTER URBAN RENEWAL PLAN authorized and directed the Pueblo Urban Renewal Authority to study and area generally City Council consider one or more redevelopment plans to remove any such conditions of blight; and WHEREAS, the Consultant prepared, and the Authority has approved, the Colorado 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 of the public hearing was mailed or delivered to each property owner, business, a 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 co WHEREAS, the Plan contains provisions that allocate property tax increment revenues derived from the levies of taxing entities that levy property taxes in the Urban Renewal Area WHEREAS, the Authority has delivered to the Taxing Entities (1) the notice of the public hearing, Consultant that describes the burdens and benefits of the Plan on the revenues and services of such Taxing Entities; and WHEREAS, based on the Impact Report, the Authority has reached agreement with the Taxing Entities regarding estimated impacts on services of the Taxing Entities associated solely with the Plan as required by Section 31-25-107(9.5) of the Act; and WHEREAS, on September 9, 2024, 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 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. The Urban Renewal Area described in the Plan does not include any of the area included in the boundaries of the South Santa Fe Urban Renewal Project. SECTION 3. The Plan, Impact Report, and notice of the public hearing have been submitted to the Taxing Entities, including the Board of County Commissioners of Pueblo County, Colorado, (the -25-107(3.5) and (9.5) of the Act. The Plan will remediate conditions of blight in the Urban Renewal Area. SECTION 4. The Taxing Entities have reached agreement with the Authority regarding estimated impacts on services of the Taxing Entities associated solely with the Plan as required by Section 31-25-107(9.5) of the Act. 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(4)(c) 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 Colorado Smelter Urban Renewal Plan 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. SECTION 17. This Ordinance shall become effective upon final passage and approval. Action by City Council: Introduced and initial adoption of Ordinance by City Council on August 26, 2024. Final adoption of Ordinance by City Council on September 9, 2024. ____________________________ President of City Council Action by the Mayor: Approved on _______________. 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 _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # R18 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 9, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Carla Sikes, City Attorney SUBJECT: AN ORDINANCE MAKING CERTAIN LEGISLATIVE FINDINGS AND APPROVING THE COLORADO SMELTER URBAN RENEWAL PLAN SUMMARY: This Ordinance makes certain legislative findings that approves the Colorado Smelter Urban Renewal Plan and establishes the Colorado Smelter Urban Renewal Area. PREVIOUS COUNCIL ACTION: City Council approved/directed the Pueblo Urban Renewal Authority (PURA) to conduct a conditions survey on January 24, 2022. BACKGROUND: PURA mailed notice of the conditions survey to all affected property owners on February 24, 2022. PURA notified all affected taxing entities of the proposed urban renewal project on September 8, 2022. As a result of negotiations with neighborhood representatives, the large boundaries of the study area have been reduced to a more manageable proposed boundary attached to the proposed plan. After notice by PURA and negotiations that followed, all taxing entities who levy property taxes in the proposed urban renewal area have executed TIF agreements, which PURA approved on April 11, 2023. FINANCIAL IMPLICATIONS: None. Future property tax increment revenues are based on increased valuations that will not exist but for the redevelopment in the proposed plan area. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission advised that the proposed project is in meeting on July 10, 2024. STAKEHOLDER PROCESS: Neighborhood representatives have approved the revised boundaries of the proposed plan. Affected taxing entities and PURA have all signed a master TIF agreement. ALTERNATIVES: None. RECOMMENDATION: The PURA Board of Commissioners recommends approval of this Ordinance. ATTACHMENTS: 1. PURA resolution approving TIF agreements with taxing entities 2. The Colorado Smelter Conditions Survey, as updated on July 27, 2024 3. The Colorado Smelter Impact Report 4. The Colorado Smelter Urban Renewal Plan