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Show Questions, answers about Naples City Redevelopment idea ftere is some question whether the formed Naples City Redevelop-jp-tArea complies with the law, accor-to accor-to Uintah County Commissioner N'ial Domgaard. However, according to Naples City 'development Agency Chairperson ene Srruth, e-erything necessary has n complied with concerning the ialities of the Naples City Redevelop--5t Project. fe. Smith said Naples City did not go this proposal blindolded. City Coun cil members want to do everything in their power to benefit the City of Naples. Naples City hired Gary Jones, redevelopment redevelop-ment consultant, to be sure everything in the law was complied with. Jones has been directly involved with all other 28 . cities in the state where redevelopment has occurred. Naples City has moved to establish the Redevelopment Project prior to April 1, 1983, when a new law becomes effective. Because of this, Naples City will not be required to meet some strict stipulations present in the new law. Among questions raised concerning the Naples Redevelopment have been, the definition of "blighted area", whether money derived from redevelopment redevelop-ment can be used outside the project boundaries, whether Naples City needs a specific plan for use of the money derived deriv-ed from redevelopment prior to establishing the Redevelopment Area, whether the correct legal description was published in a local newspaper as required re-quired by law, and whether the establishment establish-ment of the Redevelopment Area can be questioned now that it has been approved approv-ed by the Naples City Council. The old redevelopment law defines "blighted area" in Section 1, subsection 10, of House Bill 253. That section states: "The words 'blighted area' are characterized by the existence of buildings and structures, used or mtend-ed mtend-ed to be used for residential, com-merical, com-merical, industrial, or other purposes, or any combination of such uses, which are unfit or unsafe to occupy for such purposes pur-poses or are conducive to ill health, transmission of disease, infant mortality mortali-ty juvenile delinquency, and crime because of any one or a combination of the following factors. (a) Defective design and character of physical construction, (b) Faulty interior arrangements and exterior spacing, Naples redevelopment... Continued from Page 1 (c) High density of population and overcrowding, (d) Inadequate provision for ventilation, ventila-tion, light, sanitation, open spaces and " recreation facilities, (e) Age, obsolescence, deterioration, dilapidation, mixed character, or shif-' ' ting of uses, (f) Economic dislocation, deterioration, deteriora-tion, or disuse, resulting from faulty planning, ( g ) Subdividing and sale of lots of ir-. regular form and shape and inadequate size for proper usefulness and development. ( h) Laying out of lots in disregard of the contours and other physical1 characteristics of the ground and surrounding sur-rounding conditions, ( i ) Existence of inadequate streets, open spaces, and utilities, and, (j) Existence of lots or other areas which are subject to being submerged by water." The new law concerning "blighted area" is now Section 1, subsection 9, of the same bill. The new law states: "A 'blighted area-'iis an area used or intended to.be used for residential, com-. merical, industrial, or other purposes or any combination of such uses which is characterized by two or more of the ' following factors:" (Those factors are the same as the old la w, ( a ) through ( j ) . Mrs. Smith said the physical examina: tion of the area determined that blight existed, under the criteria set forth in the bill. The consultant, Gary Jones, assured the Naples Redevelopment Agency, was acting within the law by determining this area to be "blighted." At the public hearing held to voice opi-' nions of the proposed Redevelopment ' Area, Jones said money could be used for' public improvements outside the Redevelopment Area. Domgaard said nowhere in the bill could he find anything mentioning the use of money derived from redevelopment outside the. Redevelopment Area.- Jones later said there have been con- ' siderable changes in the neighborhood redevelopment laws. Some changes have specifically noted that the old law would also be affected. Other parts would not be affected. At this point he said it is unclear whether money can be used outside out-side the redevelopment area under the ' new law, even though it specifically stated so in the old law. Naples City does not have a specific plan for use of the derived money from redevelopment, according to Neal Domgaard. He said that question was asked at the public hearing last Friday night, and answered that there was no specific plan. If the Redevelopment Plan is being established under the old law, it states quite specifically that such a plan shall exist. The new law is not so specific. The new law states, in Section 3: 11-19-5. Before any area is designated for redeveloppment, the community authorized to undertake the development shall: (1) Have a planning commission. (2) Have a master or general community com-munity plan as registered by law." According to Mrs. Smith, Naples'has one year, after the ordinance is passed, to develop necessary plans. They are therefore in compliance with the law. According to Domgaard the description descrip-tion of the property to be redeveloped was listed in a local newspaper as 1165 acres. The new law limits redevelopment to 590 acres, and that description was not published in the local newspaper four consecutive weeks as specified by law. Mrs. Smith said the limitation of that section is simply that additional property proper-ty cannot be added to the Redevelopment Area, once the legal description has been published. At the discretion of the Redevelopment Agency, property can be eliminated right up to the public hearing. According to Jones, property can even been eliminated after the public hearing, if there is some reason to do so. If someone so-meone wants their property removed from. Redevelopment Area, it can ber done by an amendment to the project description. Mrs. Smith said she realizes there are sound objections to redevelopment, but in her opinion Naples City has acted in - good faith by negotiating with the entities affected. She pointed out that both Uintah Uin-tah County and the Uintah County School District have been given area impact money by Deseret Generation and Transmission. Naples City has received no money. She said there are obviously advantages and disadvantages to the Naples City Redevelopment Project, but there are distinct advantages that outweigh any disadvantages'. "The City Council is doing what we feel is best for the community, We started the redevelopment process in January. We have had very little public input and only on-ly a half dozen property owners showed up at the hearing. By the silence of the residents of Naples, we must assume we are doing a good job. We have had no negative input. We published a detailed Redevelopment Plan, we held a public hearing, how far must we go to seek public input?" She also said, although the rest of the county must be considered, the city council coun-cil has a responsibility to the City of Naples. They must be given first consideration. Domgaard said the county commission has not talked to their attorney, and it is not yet known whether the commission feels they have reason to take the issue to'court. Jones said in his Opinion Naples City has complied with the law in establishing their Redevelopment Agency. |