HomeMy WebLinkAbout2020-02RESOLUTION NO. 2020- O' -
BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE
CITY OF CHUBBUCK, IDAHO A/K/A CHUBBUCK DEVELOPMENT AUTHORITY:
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF
THE URBAN RENEWAL AGENCY OF THE CITY OF
CHUBBUCK, IDAHO A/K/A CHUBBUCK DEVELOPMENT
AUTHORITY, ACCEPTING THAT CERTAIN
SUPPLEMENTAL URBAN RENEWAL ELIGIBILITY REPORT
CONCERNING THE ELIGIBILITY OF CERTAIN PROPERTY
ADJACENT AND CONTIGUOUS TO THE 2018 AND 2019
STUDY AREAS REFERRED TO AS THE SIPHON-
NORTHGATE INTERCHANGE WEST AREA AS AN URBAN
RENEWAL AREA AND REVENUE ALLOCATION AREA
AND JUSTIFICATION FOR DESIGNATING THE
SUPPLEMENTAL AREA AS APPROPRIATE FOR AN URBAN
RENEWAL PROJECT; AUTHORIZING AND DIRECTING
THE CHAIR, VICE -CHAIR OR AGENCY ADMINISTRATOR
TO TRANSMIT THE SUPPLEMENTAL REPORT AND THIS
RESOLUTION TO THE CITY COUNCIL OF THE CITY OF
CHUBBUCK REQUESTING ITS CONSIDERATION FOR
DESIGNATION OF AN URBAN RENEWAL AREA AND
SEEKING FURTHER DIRECTION FROM THE CITY
COUNCIL SUBJECT TO CERTAIN CONDITIONS; AND
PROVIDING AN EFFECTIVE DATE.
THIS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal
Agency of the City of Chubbuck, Idaho, also known as the Chubbuck Development Authority,
an independent public body corporate and politic, authorized under the authority of 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"), a duly created and functioning urban renewal agency for
Chubbuck, Idaho, hereinafter referred to as "Agency."
WHEREAS, by Resolution No. 4-92, dated April 11, 1992, the City Council (the "City
Council") of the City of Chubbuck, Idaho (the "City") created an urban renewal agency, pursuant
to the Law;
WHEREAS, the City Council, after notice duly published, conducted a public hearing on
the Urban Renewal Plan Chubbuck Downtown Improvement Project (the "1992 Plan") to
redevelop a portion of the City, pursuant to the Law and the Act;
WHEREAS, the City Council, in response to the public hearing on October 27, 1992, by
Resolution No. 11-92, amended City Council Resolution No. 4-92 and 7-92, to reduce the
RESOLUTION NO. 2020- - I
geographic boundaries of the revenue allocation area, which resulted in removal of the northern
parcels from the proposed revenue allocation area;
WHEREAS, following said public hearing, the City Council adopted its Ordinance
No. 385 on October 27, 1992, approving the 1992 Plan, and making certain findings;
WHEREAS, the revenue allocation area boundaries were further administratively
adjusted at the request of the Bannock County Assessor's Office by City Council Resolution No.
1-93, dated January 19, 1993, to avoid splitting parcels;
WHEREAS, on or about November 23, 1998, the Agency, City, and the Bannock County
Board of County Commissioners ("BOCC") and the Bannock County Assessor ("Assessor")
(collectively, the BOCC and Assessor may be referred to as "Bannock County") entered into the
Intergovernmental Agreement With Respect to the Chubbuck Development Authority and its
Urban Renewal Plan (the "IGA"), to address concerns generally related to the geographic size
and value of the 1992 Plan revenue allocation area;
WHEREAS, the parties to the IGA agreed to an informal partial deannexation from the
1992 Plan revenue allocation area by specifically listing the parcel numbers of the properties to
remain within the revenue allocation area; all other parcels not listed were to be disregarded for
purposes of calculating tax increment (revenue allocation). The Assessor continues to track the
parcels included in the 1992 Plan revenue allocation area consistent with the terms of the IGA;
WHEREAS, the boundary map and legal description of record with the State Tax
Commission ("STC") were not updated to reflect the agreed upon changes in the IGA;
WHEREAS, the City Council, after notice duly published, conducted a public hearing on
the First Amendment to the Urban Renewal Plan Chubbuck Downtown Improvement Project
(the "First Amendment"), which sought to deannex parcels from the 1992 Project Area
commonly referred to as the "Old CarMike" parcels;
WHEREAS, following said public hearing, the City Council adopted its Ordinance No.
758 on August 3, 2016, approving the First Amendment and making certain findings;
WHEREAS, the City Council, after notice duly published, conducted a public hearing on
the Pine Ridge Mall Urban Renewal Area and Improvement Plan (the "Pine Ridge Mall Plan");
WHEREAS, following said public hearing, the City Council adopted its Ordinance No.
759 on August 3, 2016, approving the Pine Ridge Mall Plan and making certain findings;
WHEREAS, the Agency retained J Foster & Associates LLC and authorized Renee
Magee to commence an eligibility study and preparation of an eligibility report of an area
approximately 650 acres in size located generally west of Interstate 15, south of Tyhee Road,
east of Whitaker and north of Chubbuck Road (the "Study Area");
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WHEREAS, the Agency obtained an eligibility report entitled Eligibility Study for
Siphon Interchange West Urban Renewal Area, dated October 2018 (the "2018 Study"), which
examined the Study Area 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(9) and 50-2903(8);
WHEREAS, the 2018 Study was submitted to the Agency and the Agency on November
20, 2018, by way of Resolution No. 2018-03, accepted the 2018 Study and authorized the
Agency Chair to submit the Resolution and 2018 Study to the City Council for its consideration;
WHEREAS, the City Council on or about December 5, 2018, adopted and approved
Resolution No. 2018-12 finding the Study Area described in the 2018 Study was a deteriorated
area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, and
directed the Agency to prepare an urban renewal plan;
WHEREAS, after adoption of Resolution No. 2018-12 by the City Council, several
property owners requested that additional property adjacent to the Study Area, which was
recently annexed into the City, be reviewed for eligibility. The Agency agreed to examine the
property to determine whether such supplemental area is eligible for urban renewal planning
purposes;
WHEREAS, during 2019, Agency and City staff reviewed such additional area within the
City and prepared a supplemental eligibility report, including the additional area;
WHEREAS, the Agency obtained a supplemental eligibility report entitled Eligibility
Study for Siphon Interchange West Urban Renewal Area, 2019 Supplement, dated August 2019
(the "2019 Study"), which examined two additional open land parcels totaling approximately 75
acres in size adjacent and contiguous to the Study Area generally located north of Siphon Road
and west of Interstate 15 (the "Supplemental Study Area"), for the purpose of determining
whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code
Sections 50-2018(9) and 50-2903(8);
WHEREAS, the 2019 Study was submitted to the Agency, and the Agency on August
2019, by way of Resolution No. 2019-_, accepted the 2019 Study and authorized the Agency
Chair to submit the Resolution and 2019 Study to the City Council for its consideration;
WHEREAS, the City Council on or about August _, 2019, adopted and approved
Resolution No. 2019_ finding the Study Area described in the 2019 Study was a deteriorated
area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, and
directed the Agency to prepare an urban renewal plan;
WHEREAS, after adoption of Resolution No. 2019-_ by the City Council, a property
owner requested that additional property adjacent and contiguous to the Study Area, which was
recently annexed into the City, be reviewed for eligibility. The Agency agreed to examine the
property to determine whether such supplemental area is eligible for urban renewal planning
purposes;
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WHEREAS, in February 2020, the Agency retained Outwest Policy Advisors and
authorized Brent Tolman to commence an eligibility study and preparation of an eligibility report
of an area approximately 87 acres in size generally located at the southeast intersection of Tyhee
Road and the Union Pacific Railroad (UPRR) Mainline which runs from Pocatello to Idaho Falls.
The property is bordered by the UPRR Mainline on the west, Tyhee Road on the north, bordered
on the east by a line of longitude at approximately 112°.27'.23.00" W and bordered on the south
by a line of latitude at approximately 42°.56'.25.00" N. (the "2020 Supplemental Study Area");
WHEREAS, the Agency has obtained a supplemental eligibility report entitled Siphon
Interchange West Supplemental Urban Renewal Eligibility Report, dated March 5, 2020 (the
"2020 Study"), which examined the 2020 Supplemental Study Area, for the purpose of
determining whether such area is a deteriorating area and/or a deteriorated area as defined by
Idaho Code Sections 50-2018(9) and 50-2903(8);
WHEREAS, the 2020 Study has been submitted to the Agency, a copy of which is
attached hereto as Exhibit A;
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 2020 Study includes a parcel subject to such consent. While the
necessary consent has not been obtained, any consent shall be obtained prior to City Council
consideration of any urban renewal plan;
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(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;
WHEREAS, the 2020 Study addresses the necessary findings concerning including open
land within any urban renewal area as defined in Idaho Code Sections 50-2018(9), 50-
2903(8)(c), and 50-2008(d);
WHEREAS, pursuant to Idaho Code § 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 a deteriorating area, or combination thereof, and designated such area as
appropriate for an urban renewal project;
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WHEREAS, Idaho Code § 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 deteriorating
area;
WHEREAS, the Agency Board finds it in the best public interest to accept the 2020
Report.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF
COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF
CHUBBUCK, IDAHO, A/K/A CHUBBUCK DEVELOPMENT AUTHORITY, AS
FOLLOWS:
Section 1. That the above statements are true and correct.
Section 2. That the Board acknowledges acceptance and receipt of the 2020 Study.
Section 3. That there are one or more areas within the City that are a deteriorating
area or a deteriorated area, or a combination thereof, as defined by Idaho Code §§ 50-2018(9)
and 50-2903(8).
Section 4. That one such area is an area approximately 87.04 acres in size generally
located at the southeast intersection of Tyhee Road and the Union Pacific Railroad (UPRR)
Mainline which runs from Pocatello to Idaho Falls. The property is bordered by the UPRR
Mainline on the west, Tyhee Road on the north, bordered on the east by a line of longitude at
approximately 112°.27'.23.00" W and bordered on the south by a line of latitude at
approximately 42°.56'.25.00" N.
Section 5. That the rehabilitation, conservation, development, and redevelopment, or
a combination thereof, of such area is necessary in the interest of the public health, safety, and
welfare of the residents of the City.
Section 6. That the Chair or Vice -Chair of the Board of Commissioners or the
Agency Administrator is hereby authorized to transmit the 2020 Study to the City Council
requesting that the City Council:
a. Determine whether the Supplemental Study Area identified in the 2020
Study qualifies for an urban renewal project and justification for
designating the area, as appropriate, for an urban renewal project;
b. If such designation is made, whether the Agency should proceed with the
preparation of an urban renewal plan or plans for the area, which plan or
plans may include a revenue allocation provision as allowed by law;
C. Coordinate with the Agency to obtain the required agricultural operation
consent from the property owner.
RESOLUTION NO. 2020- -5
Section 7. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
-Mc-
PASSED by the Urban Renewal Agency of the city of Chubbuck, Idaho, on i Q, ,
2020. Signed by the Chair of the Board of Commissioners and attested by the Secretary to the
Board of Commissioners, on Aff44 2020.
M—A
APPROVED:
a'
ATTEST:
By 1"44ti
Secretary
4824-0849-1704, v. 1
RESOLUTION NO. 2020- -6