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HomeMy WebLinkAboutURA RES 2014-03RESOLUTION NO. 2014-3 A RESOLUTION OF THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL, IDAHO RECOMMENDING AND ADOPTING AMENDMENTS TO THE URBAN RENEWAL PLAN, WORKABLE PROGRAM AND IMPLEMENTATION PLAN, WHICH AMENDMENTS INCLUDE AN EXTENSION OF THE TIMEFRAME WITHIN WHICH THE AGENCY MAY UNDERTAKE AND FUND NEW PROJECTS AND REVISED LANGUAGE CONCERNING COOPERATION WITH OTHER TAXING DISTRICTS AND THE REHABILITATION PROGRAM; AUTHORIZING THE CHAIRMAN AND THE SECRETARY OF THE AGENCY TO TAKE APPROPRIATE ACTION; AND PROVIDING FOR THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. THIS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal Agency of the City of Caldwell, Idaho an independent public body corporate and politic, authorized under the authority of the Idaho Urban Renewal Agency Law of 1965, as amended, Chapter 20, Title 50, Idaho Code (hereinafter the "Law"), a duly created and functioning Urban Renewal Agency for Caldwell, Idaho, hereinafter referred to as the "Agency." WHEREAS, on or about October 19, 1998 the City of Caldwell, through its Mayor and City Council, passed Resolutions 88-98 and 89-98 creating an urban renewal agency, pursuant to Chapter 20, Title 50, Idaho Code, finding one or more areas within the City of Caldwell to be "deteriorated" or "deteriorating areas" as defined by Idaho Code Section 50-2018(h)(1) and 50- 2903(b), finding one such area to include the East Caldwell area, declaring such area as the Caldwell East Urban Renewal Area, making additional findings regarding the characteristics of the area, making the necessary findings required by Idaho Code Section 50-2008(a) and authorizing the Mayor to appoint five Commissioner for the Agency; and WHEREAS, the legislature of the State of Idaho has enacted the Local Economic Development Act, Chapter 29, Title 50, Idaho Code referred to herein as the "Act," authorizing certain urban renewal agencies, including the Agency, to adopt revenue allocation financing provisions as part of their urban renewal plans; and WHEREAS, there was prepared the Caldwell East Urban Renewal Plan for the Caldwell East Urban Renewal Area (the "Plan") which contains revenue allocation financing provisions; and WHEREAS, the City Council adopted and approved the Plan in accord with the Law and the Act by Ordinance No. 2260 on December 21, 1998; and WHEREAS, under the Law and Act, at Idaho Code Sections 50-2008(e) and 50-2904 the Plan and its revenue allocation financing provisions may be modified at any time; and WHEREAS, the 2014 AMENDEMENT TO TFIE URBAN RENEWAL PLAN FOR THE CALDWELL EAST URBAN RENEWAL PROJECT INCLUDING WORKABLE PROGRAMIIMPLEMENTATION PLAN (hereinafter "2014 AMENDMENTS") attached hereto as Exhibit "A" and incorporated herein by this reference has been prepared to update the ongoing purposes of the Agency and it is necessary, and in the best interest of the citizens of the City of Caldwell, Idaho, for the Agency to recommend approval of the 2014 AMENDMENTS; and WHEREAS, the Board of Commissioners of the Agency finds that the equalized assessed valuation of the taxable property in the revenue allocation area is likely to increase as a result of initiation of urban renewal projects in accordance with the Plan as amended; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL, IDAHO: Section 1: That the Board specifically adopts the 2014 AMENDMENTS. Section 2: That the Agency recommends that the 2014 AMENDMENTS be adopted by the Caldwell City Council. Section 3: That this Resolution constitutes the necessary action of the Agency under the Act, Section 50-2905, recommending approval by the City Council. Section 4: 1 The Chairman, and the Secretary of the Agency are hereby authorized and directed to take all steps necessary and convenient to submit the proposed 2014 AMENDMENTS for approval by the City Council and submittal of the 2014 AMENDMENTS to the various taxing entities as required by the Law and the Act. Section 5: That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED AND APPROVED ATTEST: SECRETARY U 2014 AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE CALDWELL EAST URBAN RENEWAL PROJECT INCLUDING WORKABLE PROGRAM/IMPLEMENTATION PLAN Section 100 INTRODUCTION The urban renewal plan amendments set forth in this document ("2014 Amendments") apply to the Urban Renewal Plan for the Caldwell East Urban Renewal Project and Caldwell East Workable Program/Implementation Plan, originally adopted by the Caldwell City Council pursuant to Ordinance No. 2260 in 1998 and previously amended December 23, 2002, September 29, 2003 and November 21, 2005 (collectively the "Plan") further amend the Plan in three (3) general respects. First, these 2014 Amendments amend Section 800 of the Plan to allow for tax increment financed urban renewal projects to be implemented after December 31, 2014. Second, these 2014 Amendments add some detail to Sections 301(b), 311, and 311.1 of the Urban Renewal Plan for the Caldwell East Urban Renewal Project and Sections I., III., and IV. of the Caldwell East Workable Program/Implementation Plan dealing with rehabilitation and redevelopment goals, objectives, plans and projects. Third, these 2014 Amendments amend Section 304 of the Urban Renewal Plan for the Caldwell East Urban Renewal Project to provide for more focused cooperation with public bodies on identification and implementation of projects. Section 200 AMENDMENTS TO THE URBAN RENEWAL PLAN (part of the Plan) The Urban Renewal Plan for the Caldwell East Urban Renewal Project is hereby amended as follows: 200.1: Section 800 regarding Duration of this Plan, as amended November 21, 2005, is hereby further amended to read, in its entirety, as follows: Except for the nondiscrimination and non -segregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan shall be effective for twenty- four (24) years from the original date of adoption of this Plan by the City of Caldwell through December 21, 2022 provided, however, that the revenue from property taxes shall be restricted to collection of taxes assessed for the twenty- three (23) year period commencing with the 1999 assessment through the 2022 assessment. 2014 AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE CALDWELL EAST URBAN RENEWAL PROJECT INCLUDING WORKABLE PROGRAM/IMPLEMENTATION PLAN, Page I 200.2: Section 301(b) regarding General elimination and prevention of blight is amended to read, in its entirety, as follows: A voluntary program incentivizing the rehabilitation, renovation and conservation of real property improvements by bringing buildings up to the general safety, aesthetic, thematic and other standards set forth in the City's building code or neighborhood development plans or studies which should include the provision of grants and loan programs to assist owners of residential/commercial, and industrial property; 200.3: Section 304 regarding Cooperation with Public Bodies shall be amended by addition of the following paragraph: Subsequent to December 31, 2014, the Agency shall work specifically with the public bodies affected by revenue allocation to identify and implement urban renewal projects important to those public bodies and consider the scope of such projects in light of such public bodies' pro rata connection to tax increment. All projects and funding shall be at thediscretion of the Agency, not the public bodies. For guidance, the Agency's construction of the new Canyon County Administration Building prior to December 31, 2014 shall be deemed an identified and implemented project for Canyon County and the Agency's construction of two sewer projects (Revenue Allocation Bonds Series 2006A for various sewer system improvements including collection lines and related facilities for the system, and Revenue Allocation Bonds Series 2008 for Caldwell Wastewater Treatment Plant upgrades — Phase 4) prior to December 31, 2014 shall be deemed identified and implemented projects for the City of Caldwell. 200.4: Section 311 regarding Rehabilitation and Conservation is amended to read, in its entirety, as follows: Section 311 Rehabilitation and Conservation The Agency is authorized to rehabilitate, renovate, and conserve, or cause to be rehabilitated, renovated, and conserved, any building or structure in the Project Area owned by the Agency for preparation of redevelopment and disposition. The Agency is also authorized and directed to advise, encourage, and assist in the rehabilitation, renovation and conservation of property in the Project Area not owned by the Agency. The Agency is also authorized to acquire, restore, rehabilitate, move, and conserve, and assist in the acquisition, restoration, rehabilitation, relocation, and conservation of, buildings of historical or architectural significance. As necessary in carrying out this Plan, the Agency is authorized to move, or cause to be moved, any substandard structure or building or any structure or building which can be rehabilitated to a location within or outside the Project Area. Subsequent to December 31, 2014, the Agency's efforts assist 2014 AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE CALDWELL EAST URBAN RENEWAL PROJECT INCLUDING WORKABLE PROGRAM/IMPLEMENTATION PLAN, Page 2 in the rehabilitation, renovation and conservation of property not owned by the Agency shall be primarily focused on the downtown cote and other areas of emphasis identified by the Agency within the Project Area. 200.5: Subsections 311.1, 311.1(1), 31LI(I)C and D, and 311.1(II)C of Section 311.1 regarding Property Rehabilitation Loans and Grants are amended to read, in their entirety, as follows: Section 311.1 Property Rehabilitation Loans and Grants With revenue allocation funds and other funding sources available to it, and as allowed by law and/or the Act, the Agency will implement a program of voluntary repair and rehabilitation of buildings within the revenue allocation area (the "Rehabilitation Program") in accordance with Sections 50-2007(g) and 50-2903(13)(e) of the Idaho Code. The goal of the Rehabilitation Program is to bring buildings in the area up to the general safety, aesthetic, thematic and other standards set forth in the City's building code or neighborhood development plans or studies through building code enforcement and by providing to property owners incentives to remodel, repair, replace, and/or rehabilitate their buildings. The Rehabilitation Program may include loans and/or grants to property owners as described below. Subsequent to December 31, 2014, the Rehabilitation Program shall be primarily focused on the downtown core and other areas of emphasis identified by the Agency within the Revenue Allocation Area and Project Area. The Agency, with the cooperation and assistance of the City, plans to implement its Rehabilitation Program through the following financial incentives and programs: I. Grant and Lending Pro rg ams The Agency will establish a program to utilize revenue allocation funding, bank funding and other available public or private funds to provide grants or below market rate loans to property owners to bring buildings in the area up to the general safety, aesthetic, thematic and other standards set forth in the City's building code or neighborhood development plans or studies under the Rehabilitation Program. Prior to making any loans, Program Guidelines will be established to include the following: 1. Applicant eligibility criteria and qualifications. Consideration may be given to the income of individual owners to the degree that interest is subsidized below market and for credit purposes. 2. Interest rates to vary depending on market condition. 2014 AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE CALDWELL EAST URBAN RENEWAL PROJECT INCLUDING WORKABLE. PROGRAMIIMPLEMENTATION PLAN, Page 3 3. Maximum and minimum terms for loans to be dependent on ability to repay, property value and appraisal, and availability of funds, 4. Provisions to recycle Agency funds as loans are repaid. 5. Procedures for deferment of repayment until property sold where appropriate (see below). 6. Procedures for administration and servicing of loans. 7. Loan or grant conditions, requirement and assurances together with penalties for failing to comply., 8. Such other procedures and provisions as may be deemed necessary. Grant and Lending programs that are expected to be a part of the Rehabilitation Program include: C. Building Improvement Loans. The Agency, with the assistance and cooperation of the City, to the extent funds can be made available, may provide below market rate financing to other building owners in the Project Area who agree to bring their buildings up to the general safety, aesthetic, thematic and other standards set forth in the City's building code or neighborhood development plans or studies. D. Grants. Grants may be awarded in conjunction with or instead of loans. The Agency shall condition the award of grants upon grant assurances that obligate the grant recipients to operate their properties for purposes consistent with the urban renewal objectives of the Agency. II. Other Financial Incentives. Other financial incentives may be made available to properties which are subject to real estate taxes to implement the Rehabilitation Program include: C. Voluntary LID's and BID'S Voluntary LID's and BID'S may be established each year, with the assistance of the City, which would allow property owners of businesses to do improvements and hookups and finance those improvements at a low interest rate over 10 years. The voluntary LID'S and BID'S would make it possible for City services to be connected as they are extended. 2014 AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE CALDWELL EAST URBAN RENEWAL PROJECT INCLUDING WORKABLE PROGRAM/IMPLEMENTATION PLAN, Page 4 Section 300 AMENDMENTS TO THE CALDWELL EAST WORKABLE PROGRAM/ IMPLEMENTATION PLAN (part of the Plan) The Caldwell East Workable Program/Implementation Plan is hereby amended as follows: 300.1: Section I. entitled "PLAN GOALS" of the Caldwell East Workable Program/Implementation Plan shall be amended by addition of the following goal: in. Improve the downtown core area through an incentivized program of voluntary rehabilitation, renovation and conservation by property owners to bring their buildings up to the general safety, aesthetic, thematic and other standards set forth in the City's building code or neighborhood development plans or studies. 300.2: Section III. entitled "ANALYSIS OF NEED" of the Caldwell East Workable Program/Implementation Plan shall be amended by addition of the following paragraph: DOWNTOWN CORE There exists a need to revitalize the downtown core area within the Project Area and Revenue Allocation Area through initiation of physical and aesthetic improvements. 300.3: Section IV. entitled "PROPOSED WORKABLE PROGRAMS/ IMPLEMENTATION PLAN" of the Caldwell East Workable Program/Implementation Plan shall be amended by addition of the following paragraph: DOWNTOWN CORE The Rehabilitation Program set forth in the Urban Renewal Plan should be specifically extended to use of grants and loans by property owners in the downtown core for voluntary rehabilitation, renovation and conservation by property owners to bring their buildings up to the general safety, aesthetic, thematic and other standards set forth in the City's building code or neighborhood development plans or studies. [End of Amendments] 2014 AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE CALDWELL EAST URBAN RENEWAL PROJECT INCLUDING WORKABLE PROGRAM/IMPLEMENTATION PLAN, Page 5 EXHIBIT A (2014 AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE CALDWELL EAST URBAN RENEWAL PROJECT INCLUDING WORKABLE PROGRAMAMPLEMENTATION PLAN)