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HomeMy WebLinkAbout04-15-21 Agenda - Northeast Urban Renewal Board (NURB)A.Call meeting to order at 6:30pm Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php? MTID=efa2e57ae7b6386dd5b53c151857b6c10 Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting Via Phone: This is for listening only if you cannot watch the stream or channel 190 • Call-in toll number (US/Canada): 1-650-479-3208 • Access code: 182 963 5275 B.Disclosures C.Changes to the Agenda D.Public Service Announcements E.Approval of Minutes E.1 Approve draft minutes from the April 1, 2021 meeting.(Fine) F.Public Comment Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Committee. There will also be an opportunity in conjunction with each action item for comments pertaining to that item. Please limit your comments to three minutes. G.Action Items G.1 Final Recommendation to the Bozeman City Commission of a Fiscal Year 2022 Work Plan and Budget for the Northeast Urban Renewal District.(Fine) H.FYI/Discussion I.Adjournment THE NORTHEAST URBAN RENEWAL BOARD OF BOZEMAN, MONTANA NURB AGENDA Thursday, April 15, 2021 For more information please contact David Fine at dfine@bozeman.net This board generally meets the 3rd Thursday of the month from 6:30pm to 8:30pm 1 Committee meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301). 2 Memorandum REPORT TO:Northeast Urban Renewal Board SUBJECT:Approve draft minutes from the April 1, 2021 meeting. MEETING DATE:April 15, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Approve minutes from the April 1, 2021 meeting. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Approve draft minutes from the April 1, 2021 meeting. UNRESOLVED ISSUES:n/a ALTERNATIVES:n/a FISCAL EFFECTS:n/a Attachments: NURB 040121 min.doc Report compiled on: April 12, 2021 3 NURB Meeting – April 1, 2021 1 Northeast Urban Renewal Board (NURB) Regular Meeting Thursday, April 1, 2021 The Northeast Urban Renewal Board met in regular meeting at 6:30 p.m. on Thursday, April 1, 2021, via Webex. Present:Absent: Voting Members: Ethan Barlow Bobbi Clem Corwin Dormire Natalie Van Dusen Jeanne Wesley-Wiese Non-Voting Members: EJ Daws Chris Nixon Robert Pavlic Commissioner Liaison: I-Ho Pomeroy Staff: David Fine, Urban Renewal Program Manager Robin Sullivan, Recording Secretary Call to Order – Chair Bobbi Clem called the meeting to order at 6:33 p.m. Changes to the Agenda. No changes were made to the agenda. Public Comment – NOTE: David Fine read a statement prepared by the City Attorney to ensure that this Webex meeting meets all of the legal requirements for an open meeting. He repeated the required statement throughout the meeting as needed. No comment was received under this agenda item. Approval of Minutes – March 11, 2021. It was moved by Jeanne Wesley-Wiese, seconded by Ethan Barlow, that the minutes of the regular meeting of March 11, 2021 be approved as submitted. The motion carried on a 5-0 vote. Discussion/Action Items – Update on financial status of NURB fund. Robin Sullivan reviewed the FY2021 4 NURB Meeting – April 1, 2021 2 revenues and expenditures to date. The first portion of property tax revenues has now been posted to the fund and the only expenditures for this past month have been in staffing costs. David Fine stated he anticipates a number of large bills within the next couple months as engineering work is underway on Front Street and the pedestrian bridge. Staff Update the Status of Budgeted Items. Bobbi Clem gave a brief overview of the Front Street project, noting that improvements to the road adjacent to the depot could enhance the possibilities of renovation and reuse of that structure. She stated that a construction company was very interested in the structure but found the street improvements made the project not cost effective. One railroad owns the land while another owns the building, making reuse of the depot extremely complex. Also, the railroads do not want a restaurant or the serving of liquor in the depot because of its proximity to the railroad tracks. David Fine reviewed that status of each of the budgeted items for this fiscal year. He stated that engineering for the Front Street improvements from East Tamarack Street to North Ida Avenue is underway. Including this short portion of street improvements with the off-site street improvements for the TinWorks Project will result in significant cost savings. He noted that the developer of that project has suggested the road improvements could begin as early as this spring or summer. David Fine turned attention to the pedestrian bridge, noting that final engineering is currently underway. A lot of engineering work was done previously; and some of that work can be used now. As a result, not all of the $30,000 budgeted for this engineering will be needed. He has received no invoices for this work to date. Responding to questions from Jeanne Wesley-Wiese, David Fine confirmed that using some of the engineering work already done will result in not all of the monies budgeted for this project being expended. He then acknowledged that the cost of engineering for public projects is very high. He indicated that the recent change in floodplain mapping is having an impact on the engineering previously done for this bridge. Jeanne Wesley-Wiese stated that she wrote an article about the pedestrian bridge for the NENA newsletter; and President Reno Walsh voiced his support for the project. She suggested that he contact this Board’s members individually so they know how much the neighborhood would like to see this project completed. She concluded by noting that an article about the status of the pedestrian bridge is to be posted on the NENA website; and she will forward that article to the board members if they wish. David Fine reminded the Board that the Front Street connector trail is part of a much larger project that provides a trail system across the city. He noted that the Parks Department requested $15,000 from this year’s budget, in addition to the $20,000 this Board previously gave toward that trail extension. The trail improvements will not be done until next fiscal year, so these monies should be carried forward. David Fine stated the quiet zone feasibility study has been completed for all three of the railroad crossings; and the monies expended from this budget are for the North Wallace Avenue/L Street crossing only. He recommended that the Board budget monies for construction of the quiet zone at North Wallace Avenue in the future. He noted that, since a public/private 5 NURB Meeting – April 1, 2021 3 partnership will be needed to fund the $550,000 in improvements for all three crossings, it may take a while to schedule their installation. David Fine stated this Board also budgeted $25,000 to investigate the feasibility of the parking structure that is part of the Brewery Project. That work is currently being done, but he is not sure that all of the $25,000 will be expended this fiscal year. Responding to Jeanne Wesley-Wiese, David Fine stated the quiet zone improvements will include upgrades necessary so that drivers cannot drive around the gate when it is down. Also, a pedestrian gate will need to be installed for the sidewalk trail. The cost estimate for those improvements is $168,500. Responding to Ethan Barlow, David Fine stated that KLJ Engineering did the quiet zone study. Responding to questions from Jeanne Wesley-Wiese, David Fine stated these are the five infrastructure projects that the Board approved when it voted to approve the work plan and budget for Fiscal Year 2020-2021. He reminded the Board that the work plan and budget they approve is a recommendation, which the City Manager then puts into his recommendations for the fiscal year and the City Commission acts on. Responding to additional questions from Jeanne Wesley-Wiese, David Fine confirmed that the work plan and budget appropriates monies for specific projects. He noted that less monies may be expended on a project; however, authorization to spend more than budgeted must be sought if the costs go over the amount budgeted. Responding to Bobbi Clem, David Fine stated the connector trail to the Audobon site has not been scheduled but is listed as a future project. He noted that trail is not yet designed and cautioned the Board that only that portion of the trail lying within this district can be funded in this District’s budget. Bobbi Clem noted there are two national programs for funding of trails: rails to trails and rails with trails. She stated that these funding programs are not easy or fast but could be a potential source for funding a portion of the trail costs. David Fine stated he has a preliminary design for the parking structure. He indicated the key issue now is to work with a consultant to ensure that the fiscal plan for acquiring and operating the garage is solid. He estimated that the financial analysis will take a month to complete. No public comment was received on this agenda item. Fiscal Year 2021-2022 Work Plan and Budget First Review. David Fine reviewed the proposed Fiscal Year 2021-2022 work plan and budget as drafted by staff. Responding to Ethan Barlow, David Fine stated that staff has estimated a beginning balance at July 1, based on anticipated revenues and expenditures for the remainder of this fiscal year. David Fine noted staff has estimated a beginning balance of $370,000 at the end of this fiscal year; however, he anticipates that number may be higher. Staff is also projecting a tax increment of $270,000 plus $1,000 in interest income, providing a total of $641,000 in total 6 NURB Meeting – April 1, 2021 4 monies available for the year. Proposed projects to be funded in the fiscal year include engineering for Front Street improvements between North Ida Avenue and East Aspen Street, construction of Front Street between East Tamarack Street and North Ida Avenue, carryover of the Front Street connector trail, and additional due diligence and legal review for the parking structure. Monies are also budgeted for trail and boulevard maintenance, staffing, bond servicing, miscellaneous professional services, and a designated reserve for projects. He reminded the Board that this may be the last year for maintenance of the Aspen Street park if the TinWorks Project moves forward and street improvements are completed. David Fine stated that the monies budgeted for the Economic Development staff has increased in the upcoming budget. At the current time, 70 percent of his salary is paid by the urban renewal districts, and next fiscal year, 100 percent of his salary will be paid from those funds. David Fine noted that several projects have also been listed in the future projects column; and the Board may choose to move projects around as long as monies are available. Responding to Jeanne Wesley-Wiese, David Fine stated that construction of the pedestrian bridge was initially included in the budget prepared by staff; however, in recent months it has become apparent that the off-site street improvements for the TinWorks Project will be undertaken this construction season. To take advantage of cost savings, staff has moved the Front Street construction forward and moved the pedestrian bridge back. Jeanne Wesley-Wiese acknowledged that two neighbors have voiced opposition to the pedestrian bridge; however, she noted that sixty people are for it. She then expressed her frustration and disappointment that all of these projects are for economic development and none of them are for the residents of the district. David Fine stressed that the work plan and budget before the Board are simply staff recommendations; and the Board has the ability to make any changes they wish. He then noted that infrastructure is one of the steps toward remediating the blight that caused this district to be created. No public comment was received on this agenda item. Corwin Dormire voiced his support for staff recommendations. Natalie Van Dusen stated she is trying to get up to speed but is comfortable with the budget as recommended. Ethan Barlow stated he is comfortable with staff’s rationale and recommendations. He recognized there are monies available for only one large project, and he supports the Front Street construction because of the economies resulting from contiguous work. He characterized the pedestrian bridge as a more isolated expenditure. David Fine stated this has been listed on the agenda as the first review. As a result, final action may not be taken; however, the Board may choose to support the preliminary work plan and budget as submitted or as amended and staff will then bring back a work plan and budget for final action at the next meeting. 7 NURB Meeting – April 1, 2021 5 It was moved by Corwin Dormire, seconded by Bobbi Clem, that the Board approve the preliminary work plan and budget as recommended by staff. The motion carried on a 4-1 vote; Jeanne Wesley-Wiese voted No. Bobbi Clem requested that NENA President Reno Walsh be invited to attend the next meeting to represent the neighborhood. Set New Day and Week for Board Meetings. David Fine reminded the Board that staff has requested a change in the week on which this Board meets, and one of the board members has identified a conflict with the first Thursday of each month. The City Clerk’s office has identified the third and fourth Thursdays as possibilities for a new meeting time. It was moved by Ethan Barlow, seconded by Corwin Dormire, that the Board set its meetings for 6:30 p.m. on the third Thursday of each month. The motion carried on a 5-0 vote. David Fine suggested that the Board hold its next meeting on April 15, which is now the next regularly scheduled meeting. He proposed that at that time, the Board consider the work plan and budget, make revisions and possibly adopt it so it can be included in the City Manager’s budget recommendations to the Commission. Election of Chair and Vice Chair for 2021. David Fine reminded the Board that it is to elect its Chair and Vice Chair at the first meeting of each calendar year. Bobbi Clem reminded the Board that she will soon be moving to Seattle and, as a result, will not be seeking reappointment when her term ends in July. Following a brief discussion, it was moved by Bobbi Clem, seconded by Jeanne Wesley-Wiese, that Corwin Dormire be elected Chair and Ethan Barlow be elected Vice Chair for Calendar Year 2021. The motion carried on a 5-0 vote. Jeanne Wesley-Wiese stated that when her term expires in July, she will reapply but her reappointment is dependent on the Commission. Looking forward/Set agenda for April 15, 2021 meeting or Cancel Meeting. Items for the April 15 agenda include action on the 2021-2022 work plan and budget and possibly a discussion with NENA President Reno Walsh about neighborhood issues. Responding to Corwin Dormire, David Fine stated he does not anticipate that the Board will be able to meet in person until after the City Commission returns to in-person meetings. He noted that, with the current limitations on capacities and social distancing, virtual meetings allow all interested persons to attend while in-person meetings may be limited. FYI/Discussion. Bobbi Clem announced that the people at Starlite are trying to organize some Saturday night and Sunday evening community events, possibly including music, dancing and food trucks. 8 NURB Meeting – April 1, 2021 6 Jeanne Wesley-Wiese stated that at last month’s meeting, she raised a question about Bob Arnold’s encroachments into the public right-of-way and the trail. David Fine responded that he will follow up on the issue. Ethan Barlow stated he, too, has had issues with Bob Arnold encroaching onto his property, but found him to be responsive when asked to remove those encroachments. Adjournment – 7:51 p.m. There being no further business to come before the Board at this time, Chair Clem adjourned the meeting. Bobbi Clem, Chair Northeast Urban Renewal Board City of Bozeman 9 Memorandum REPORT TO:Northeast Urban Renewal Board SUBJECT:Final Recommendation to the Bozeman City Commission of a Fiscal Year 2022 Work Plan and Budget for the Northeast Urban Renewal District. MEETING DATE:April 15, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Approve the Fiscal Year 2022 Work Plan and Budget as submitted. Consider the motion: "Having considered the staff recommended budget, board discussion, public comment and all materials presented, I move to approve the Fiscal Year 2022 Work Plan and Budget as submitted in the packet materials." STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Northeast Urban Renewal Board considered the staff recommendation for a work plan and budget at their regularly scheduled April 1, 2021 meeting. The Board voted to accept staff's recommendation during first review. This meeting represents the final opportunity for the Board to consider their recommendation to the City Commission concerning the Work Plan and Budget for the Northeast Urban Renewal District for Fiscal Year 2022 (July 2021 - June 2022). While the narrative is provided for background, Staff intends to get agreement from the Board on recommended projects and expenditures and then adjust the narrative and the timing of the projects to fit the recommendation of the Board. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:At the recommendation of the Board. FISCAL EFFECTS:As presented, the recommendation of the Board is that the City Commission appropriate $641,000 of total spending authorization related to pursuing the objectives of this work plan and budget. Attachments: 21-22 NURB Work Plan draft 041521.xlsx FY22 NURB Work Plan 041521 draft.doc Ordinance 05- 1655 Adopts Urban Renewal Plan for portions 10 of NE Bozeman.pdf Report compiled on: April 12, 2021 11 FY22 Budget Future Projects Revenues: Estimated Beginning Balance $370,000.00 FY21 Tax Increment $270,000.00 Delinquent Increment State Shared/Entitlement Interest $1,000.00 Total Estimated Revenues $641,000.00 Expenditures: Infrastructure Front Street - Ida to East Aspen Street Engineering $18,000.00 Front Street - Tamarack to Ida Construction $190,000.00 North Ida Avenue - Peach to Cottonwood Engineering $50,000.00 North Ida Avenue - Peach to Cottonwood Construction $280,000.00 Front Street - Ida to East Aspen Street Construction $100,000.00 Pedestrian Bridge/East Aspen Street Construction $170,000.00 Front Street connector trail $15,000.00 Quiet Zone Construction $168,500.00 Connector trail - Depot trail to Audubon site $25,000.00 Parking Structure $50,000.00 Subtotal - Infrastructure $273,000.00 $793,500.00 Maintenance Trails/Boulevards Maintenance $5,700.00 Subtotal - Maintenance $5,700.00 Administration Staff Support $3,000.00 Administrative Services $18,000.00 Professional Services $10,000.00 Bond Repayment $93,000.00 Subtotal Administration $124,000.00 Reserves Designated Reserve - Bond $120,900.00 Designated Reserve - Projects $117,400.00 Subtotal Reserves $238,300.00 Total Expenditures $641,000.00 Northeast Urban Renewal District 2021-2022 Budget 12 Northeast Urban Renewal Board Annual Work Plan and Budget FY2022 – 041521 draft 1 NORTHEAST URBAN RENEWAL BOARD FY2021 ANNUAL REPORT and FY2022 WORK PLAN AND BUDGET On November 28, 2005, the Bozeman City Commission finally adopted Ordinance No. 1655 which formally enacted the Northeast Urban Renewal Plan and became effective December 28, 2005. The stated mission of the plan and general goals are as follows: DISTRICT PLAN MISSION/VISION “This Plan is the City’s response to remedy the conditions of blight found in the August 2005 [Blight] Report. The Plan also addresses other issues important to the District. The Plan’s purpose is to ensure the vitality of the Northeast Urban Renewal District (NURD) the vitality of the NURD for generations to come, and to make the NURD an area in which its citizens can take exceptional pride. The Plan envisions a mixed use neighborhood that is user friendly, safe, secure and healthy. While this Plan envisions a District with diversity of housing, businesses and amenities, it intends to maintain the unique ambiance and historic character of the District”. Nine principles were developed for the plan. Each of the principles has one or more goals associated with the plan, some of which specifically relate to this work plan while others represent general objectives and directives. The Northeast Urban Renewal Board (NURB) goals are as follows: GENERAL GOALS: Outdated or insufficient infrastructure should be repaired, replaced, or otherwise improved. Provide public utilities to the area efficiently in ways that are not visually or physically obtrusive. Encourage a land use pattern that facilitates all modes of transportation – vehicular, bicycle, pedestrian, mass transit, and commercial – for safe, efficient and convenient access for residential, commercial, and industrial uses. Harmonize commercial and industrial development with residential quality of life. New structures should be designed and built keeping in mind the public values of durability, flexibility, and simplicity. Thoughtful consideration of design, materials, and massing in the construction of new private buildings will add strength and character to the built environment. To the degree that the private sector can be influenced by a public partner in development, the community ought to strongly encourage excellence in urban design as a basis of partnership. Promote sustainable building practices and design within the district. Procure new land for park and open space. Improve landscaping in existing public spaces. Neither the City of Bozeman nor any of its subdivisions shall use eminent domain to take private property for private use in the implementation of an urban renewal project or similar redevelopment plan. Encourage the City to help ensure the success of the Northeast Urban Renewal Plan by giving a high priority to the Northeast District in its capital improvements plan. Work with neighborhoods and businesses to ensure actions taken in the district are compatible with adjacent developed areas. Work with the City to ensure actions taken outside of the District are compatible with projects inside of the District. 13 Northeast Urban Renewal Board Annual Work Plan and Budget FY2022 – 041521 draft 2 In 2010, the Northeast Urban Renewal Board began implementing plans and projects reflecting their three funding priorities: 1) Parks, Trails and Greenspace; 2) Infrastructure and 3) Neighborhood Development Plan. Northeast Urban Renewal District (NURB) FY2021 Annual Report (July 1, 2020 to June 30, 2021) Front Street – Tamarack to Ida Engineering $ 30,000 East Tamarack Street has been improved to the west edge of the depot site; and North Ida Avenue, East Aspen Street and that portion of Front Street adjacent to the boulder site are to be improved by the developer of the TinWorks Project. This leaves that section of Front Street between the terminus of the East Tamarack Street and North Ida Avenue projects unimproved. These improvements are now engineered so that they can be made when the opportunity arises, likely when the off-site street improvements for the TinWorks Project are done. Pedestrian Bridge/East Aspen Street $ 30,000 This project has been included in this district’s work plan and budget since Fiscal Year 2011. It was also the fifth project listed in the bond resolution adopted in 2017; however, those bond proceeds funded only the top two projects. With the completion of other major infrastructure projects in the district and the increased increment resulting from the 2019 reappraisal, monies were available for final engineering of this project, which includes sidewalk along one side of East Aspen Street between the creek and North Rouse Avenue. Also, the Montana Department of Transportation has completed its improvements to North Rouse Avenue. Since engineering for this project was last completed in FY2017 and since the floodplain map has recently been updated, it was important to update the engineering for this project to determine whether the bridge has adequate length and to update the estimated construction costs. Once those cost estimates have been identified, monies for construction can be appropriately budgeted. Front Street Connector Trail $ 15,000 In Fiscal Year 2016, the Board donated $20,000 to the Gallatin Valley Land Trust for the Front Street connector trail, which extends from North Rouse Avenue to North Wallace Avenue. Due to a variety of issues, construction of the trail improvements has been delayed. The bridge has been engineered to reflect the new floodplain and cost estimates updated. Also, for some of those projects previously listed as “future”, now is the future. The Gallatin Valley Land Trust requested an additional $15,000 to help cover the increased costs. To date, the project has not begun and the monies have not been expended in this fiscal year. Quiet Zone Feasibility Study $ 11,500 The Board recognized a quiet zone will reduce the noise from trains rolling through; however, all three crossings (North Wallace Avenue, North Rouse Avenue and Griffin Drive) must be considered at the same time to pursue quiet zone options. It acknowledged that only one crossing lies within the district and, therefore, is the only one that can be funded through TIF funds. The quiet zone feasibility study has now been completed and the engineering firm has identified the improvements needed to create a quiet zone. Since improvements to Griffin Drive, including the railroad crossing, are anticipated within the next few years, the completion of this 14 Northeast Urban Renewal Board Annual Work Plan and Budget FY2022 – 041521 draft 3 feasibility study was critical. The amount budgeted for this project covered the costs of the North Wallace Avenue crossing only; monies from other sources funded the other two crossings. Parking Structure $ 25,000 The TinWorks Planned Unit Development project has revised its plans to include a parking structure on the Brewery site. Within the proposed project is a parking structure that will be wrapped by buildings so it is not readily visible from the adjacent streets. The developer is proposing that a portion of the spaces in that structure be made available to the public through some type of public/private partnership. These monies cover the costs of retaining the needed consultants to do due diligence to determine that this proposal is in the District’s best interests. Trails Maintenance $ 5,700 The Northeast Urban Renewal District completed improvements to the depot trail, depot park, Aspen Street trail and North Church Avenue trail several years ago and continues to pay annual costs for maintenance of those amenities. Also included is the planting of seven boulevard trees along East Tamarack Street and the weekly watering of those newly planted trees to ensure their survival. Administrative Services $ 23,100 Costs covered under this item include staff support ($3,000), administrative services ($10,100) and professional services ($10,000). Bond Costs $ 213,900 Costs covered under this item include bond repayment ($93,000) and the designated bond reserve ($120,900). Northeast Urban Renewal District (NURB) FY2022 Work Plan (July 1, 2021 to June 30, 2022) Front Street – Ida to East Aspen Street Engineering $ 18,000 The off-site street improvements required for the TinWorks Project include only one-half of the Front Street improvements from North Ida Avenue eastward to East Aspen Street. Completion of the full street improvements would improve traffic flow in the District and would be most efficiently designed and constructed in conjunction with the larger scale improvements that will come with this large-scale development project. Front Street – Tamarack to Ida Construction $ 190,000 It would be financially beneficial to construct this improvement in conjunction with the improvements being made by the developer of the TinWorks Project. Also, it will result in more cohesive completion of infrastructure improvement within the district and will benefit the community as a whole. Included in the project will be extension of the fiber conduit installed with the East Tamarack Street improvements. Front Street connector trail $ 15,000 In Fiscal Year 2016, the Board donated $20,000 to the Gallatin Valley Land Trust for the Front Street connector trail, which extends from North Rouse Avenue to North Wallace Avenue. Due to a variety of issues, construction of the trail improvements has been delayed. The monies were 15 Northeast Urban Renewal Board Annual Work Plan and Budget FY2022 – 041521 draft 4 included in the FY2021 budget and work plan but were not expended and are, therefore, being carried forward in this budget. Parking Structure due diligence $ 50,000 The TinWorks Planned Unit Development project has revised its plans to include a parking structure on the Brewery site. Within the proposed project is a parking structure that will be wrapped by buildings so it is not readily visible from the adjacent streets. These monies cover the costs of retaining consultants to do any additional due diligence needed to determine that this proposal is in the district’s best interests, particularly since the proposal is to issue tax increment financing bonds to reimburse the developer for the costs of the parking structure and to operate it as a public facility. It is currently anticipated that this could occur in Fiscal Year 2024. Trails Maintenance $ 5,700 The Northeast Urban Renewal District completed improvements to the depot trail, depot park, Aspen Street trail and North Church Avenue trail several years ago and continues to pay annual costs for maintenance of those amenities. Also included is the planting of seven boulevard trees along East Tamarack Street and the weekly watering of those newly planted trees to ensure their survival. Administrative Services $ 31,000 Costs covered under this item include staff support ($18,000), administrative services ($3,000) and professional services ($10,000). Bond Costs $ 213,900 Costs covered under this item include bond repayment ($93,000) and designated bond reserve ($120,900). These are static costs for the bonds that were issued in 2017 and must be budgeted through Fiscal Year 2042. Designated Reserve - Projects $ 117,400 At this time, it does not appear there will be adequate monies to fund construction of any additional large scale projects. If the opportunity arises, one of the projects listed below may be moved forward and funded through this designated reserve, particularly if such a move results in significant cost savings. Northeast Urban Renewal District (NURB) Future Projects North Ida Avenue – Peach to Cottonwood Engineering $ 50,000 Infrastructure improvements to be made in conjunction with the TinWorks Project include North Ida Avenue between East Cottonwood Street and Front Street. Those improvements will leave the one-block segment between East Peach Street and East Cottonwood Street without improvement. It is important to undertake engineering of this block so that construction of the improvements can be completed when the opportunity arises. North Ida Avenue – Peach to Cottonwood Construction $ 280,000 While it is anticipated the off-site infrastructure improvements for the TinWorks Project will be constructed before this project is ready, this will be the last block of street improvements needed to meet the district plan’s goal of improving connectivity and pedestrian safety within the District 16 Northeast Urban Renewal Board Annual Work Plan and Budget FY2022 – 041521 draft 5 (assuming the Front Street improvements have been completed). Currently, the use/reuse of the properties along this block are not known, so undertaking construction of these street improvements (which will include water and sewer improvements) could result in the need for immediate tear up to relocate water and sewer stubs or drive accesses. Front Street – Ida to Aspen Construction $ 100,000 The off-site street improvements required for the TinWorks Project include only one-half of the Front Street improvements from North Ida Avenue eastward to East Aspen Street. This project will provide completion of the full street improvements. It be most efficiently constructed in conjunction with the larger scale improvements that will come with the TinWorks Project improvements. Pedestrian Bridge/East Aspen Street Construction $ 170,000 This project will provide for pedestrian connectivity through a trail extension and a non-vehicular crossing of Bozeman Creek. The project also includes sidewalk along one side of East Aspen Street between the creek and North Rouse Avenue. This will result in improvement to yet another street within the district and will tie into the new improvements to North Rouse Avenue. Quiet Zone Construction $ 168,500 The quiet zone study has identified the improvements required for quiet railroad crossings. It is anticipated that the improvements for the North Wallace Avenue/L Street crossing will include an arm for the pedestrian crossing as well as raised medians on both sides of the railroad tracks to preclude vehicles from driving around down arms. It is anticipated that improvements to Griffin Drive, including upgrades at the railroad crossing, could be completed in Fiscal Year 2022. Since improvements will be required for all three crossings at essentially the same time, it is important to have monies set aside when those improvements are triggered. Connector trail – Depot trail to Audubon site $ 25,000 The Audubon Society has acquired 32 acres of wetlands and sensitive lands lying east of this district and is purchasing an additional 8 acres. The subject site lies outside the boundaries of the district; however, a portion of the trail extension lies within the district. Monies may be used for extensions to a specific location outside the district; however, these monies are for only that portion lying within the district. This trail extension would provide a safe access for pedestrians moving through the district to the enhanced wetlands area. 17 ORDINANCE NO. 1655 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING AN URBAN RENEWAL PLAN FOR PORTIONS OF THE NORTHEAST BOZEMAN, INCLUDING THE HISTORIC MIXED USE DISTRICT. WHEREAS, the Bozeman City Commission did, on the 15th day of August 2005, adopt Commission Resolution No. 3835, declaring that blighted areas exist within the municipality and that the rehabilitation, redevelopment, or a combination thereof, of such area or areas is necessary; and WHEREAS, the Bozeman City Commission appointed a Northeast Urban Renewal Study Committee to prepare an urban renewal plan; and WHEREAS, the Northeast Urban Renewal Study Committee has prepared a proposed Northeast Urban Renewal District Plan; and WHEREAS, the City Planning Board has found the proposed Northeast Urban Renewal District Plan to be in conformance with the Bozeman 2020 Community Plan, the adopted growth policy for the Bozeman planning jurisdiction; and WHEREAS, the Bozeman City Commission did, on the 14th day of November 2005 conduct a public hearing to consider the proposed Northeast Urban Renewal District Plan. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That the Northeast Urban Renewal District Plan, attached hereto as Exhibit "A", is hereby adopted. Section 2 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 3 Severability. If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect 18 without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. Section 4 Effective Date. This ordinance shall be in full force and effect thirty (30) days after passage on second reading. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 14th day of November 20~ ~ ETRARO, Mayor ATTEST: R L. SULLIVAN City Clerk PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof hel~ of NOV:: 2005. AN . CETRARO, Mayor ATTEST: R IN L. SULLIVAN City Clerk 2 - 19 O.H.il.N SO-Z-JJ I/v.JUuCld lJ!J1S!OICM.\lU\lHucqJillSC\lqlJON 20 CITY OF BOZEMAN NORTHEAST BOZEMAN URBAN RENEWAL PLAN Prepared by: The Northeast Bozeman Urban Renewal Study Committee Michael Barrett Ron Brey (City of Bozeman Staff) Peter Bronken Jim Browning Brian Caldwell Bobbi Clem Jack Davis Jon Gerster Terry Giovanini Todd Roitsma Marcia Kaveney Erik Nelson Tracy Oulman (City of Bozeman Staff)Robert Pavlic Jeanne Wesley-Wiese Steve Kirchhoff and Marcia Youngman (City Commission Liaisons) Prepared for: The Bozeman City Commission Andrew Cetraro, Mayor Lee Hietala Steve Kirchhoff Jeff Krauss Marcia Youngman 2 21 NORTH EAST URBAN RENEWAL DISTRICT PLAN CONTENTS HISTORICAL CONTEXT PO 4 INTRODUCTION PG 4 MISSION/ VISION STATEMENT PG 5 GUIDING PRINCIPLES, GOALS AND IMPLEMENTATION ACTIONS PG 5 EXECUTING THE PLAN PG 10 FINANCE PG 14 DISTRICT MAP FIG. 1 RESOLUTION 3835 APPENDIX 1 GENERAL DESCRIPTION APPENDIX 2 3 22 NORTH EAST URBAN RENEWAL DISTRICT PLAN HISTORICAL CONTEXT In the I880s, Bozeman's economic fortunes blossomed with the anival of the Northern Pacific Railway, which established a depot at the northeast end of the young city and connected it with distant markets. The town's early entrepreneurs established flour mills, residences, freight storage, and a brewery on new streets named for trees, mostly the fruit-bearing variety, but Montana species as well. Perhaps these names came in deference to the timber products and fruit that passed through, but much of this freight and food processing activity has receded into history. In the 120 years since this place b'Tew into a rail-centered enterprise zone, Bozeman's economic center of gravity moved elsewhere, leaving the neighborhood short on paved streets, sidewalks, street lighting, parks, and sound infrastructure, with scattered evidence ofhygone industrial activity remaining: rail track and ties, cable spools, grain storage bins, and upright fuel tanks. INTRODUCTION This Urban Renewal Plan was prepared by a 13-member committee composed of a range of businesses and residents from the District and the adjacent Northeast Neighborhood in response to the City Commission's finding ofhlight on August 15,2005 (Resolution #3835) (Appendix 1). The City Commission supported the blight designation unanimously in order to create an Urban Renewal District because it believed this would encourage infill within the city limits and that the Tax Increment Finance (TIF) District created by the designation would help fInance such infill. While acknowledging that change (development) is inevitable in the District, and that the creation of an Urban Renewal District and its associated Tax Increment Financing would encourage economic vitality in the District, it should be noted that some Northeast Neighborhood citizens and several committee members perceived few of the problems cited in the blight report. Thus, considerable efforts in the development ofthis plan were made to consider the many different and sometimes conflicting interests of the committee members. The hope is that the end product - the Northeast Urban Renewal Plan - adequately balances the needs to remedy blight and encourage economic vitality and livability while also ensuring that future development preserves and enhances the eclectic character of the District to the fullest extent possible. A map of the District is found in Figure 1 and a general description of the area included in the District is contained in Appendix 2. 4 23 MISSION/ VISION This Plan is the city's response to remedy the conditions of blight found in the August, 2005 report. The Plan also addresses other issues important to the District. The plan's purpose is to ensure the vitality of the Northeast Urban Renewal District (NURD), the vitality of the NURD for generations to come, and to make the NURD an area in which its citizens can take exceptional pride. The Plan envisions a mixed-use neighborhood that is user-friendly, safe, secure, and healthy. While this plan envisions a District with diversity of housing, businesses, and amenities, it intends to maintain the unique ambiance and historic character of the District. GUIDING PRINCIPLES, GOALS & IMPLEMENTATION ACTIONS The principles and implementation actions which follow provide direction for using the Plan. All nine Principles are vital to achieving the vision for the District. The Implementation Actions are not exclusive lists. Neither the Principles nor the Implementation Actions are arranged in order of importance. 1. Ensure the health, safety, and security of the District. Unsur.faced streets, inadequate storm water drainage, outdated water and sewer utilities, and inadequate street lighting negatively impact the health, safety, and security ofthe District. Improving the infrastructure of the area will also prepare the Districtfor thefilture. GOAL A: Outdated or insufficient infrastructure should be repaired, replaced, or otherwise improved. IMPLEMENTATION ACTIONS: Improve streets and alleys Improve fire prevention. Repair or replace defective sections of water and sewer mains. Improve the appearance and adequacy of dark sky lighting. Provide for prompt snow removal. Improve sidewalks and trail network. Increase police patrols. Improve storm water systems and develop storm water management techniques to protect Bozeman Creek. 5 24 GOAL B: Encourage a land use pattern that facilitates all modes of transportation vehicular, bicycle, pedestrian, mass transit, and commercial - for safe, efficient and convenient access for residential, commercial, and industrial uses. IMPLEMENTATION ACTIONS: Incorporate sidewalks, crosswalks, bike lanes and trails in the design for construction or reconstruction of streets and roadways. Obtain property or easements for the continuation of the existing trail system. Encourage bicycle use by incorporating bicycle amenities in the design of streets, bridges, and trails. Design sidewalks, walkways, trails, and streets for handicapped accessibility wherever possible. Provide traffic calming measures. Designate truck route GOAL C: Provide public utilities to the area efficiently in ways that are not visually or physically obtrusive. IMPLEMENT ATJON ACTION: Encourage the conversion of communications networks and other utilities to underground or wireless facilities 2. Balance commerce and livability in the District within the mixed-use framework. The clear intent ofthis District is to support a mix and variety o(nonresidenlial and residential uses. Nothing in this Plan shall be interpreted to be discouraging or prejudicial to any allowable uses. GOAL: Harmonize commercial and industrial development with residential quality of life. IMPLEMENTATION ACTIONS: Assure compatibility of land uses through appropriate urban design techniques. Consider alternative materials for streets and sidewalks. Promote environmental cleanup of brown field or hazardous substances by the responsible parties. Encourage commercial development that provides basic needs to the District. Encourage affordable housing 6 25 3. Honor the unique character and vitality of the District. The unique character ofthis neighborhood is built on its history, proximity to the railroad, mixed rural and urban development, mixed residential and commercial uses, and its proximity to downtown. These qualities should be supported. GOAL A: New structures should be designed and built keeping in mind public values of durability, flexibility, and simplicity. Thoughtful consideration of design, materials, and massing in the construction of new private buildings will add stren.blh and character to the built environment. To the degree that the private sector can be influenced by a public partner in development, the community ought to strongly encourage excellence in urban design as a basis of partnership. IMPLEMENTATION ACTIONS: Where historic buildings and places exist, compatibility of design elements should also enter into the planning of new construction. Where historic structures are affected by public or private development, seek out the advice and assistance of local, state, or federal historic preservation professionals for opportunities to renovate existing historic structures. Respect the property rights of property owners. Encourage the growth of cultural activities. GOAL B: Promote sustainable building practice and design within the District. IMPLEMENTATION ACTIONS: Support projects and designs that promote Dark Skies. Promote the use of indigenous plants and materials for landscaping and design. Encourage the use oflocally produced, renewable products. Promote environmentally sound development and construction practices. Promote energy and resource-efficient systems within the District. 4. Public open space is essential to a healthy and appealing urban environment. Developing and procuring parks and public open space, as well as improving and making accessible the existing trails such as The Depot Park Trail and Bozeman Creek Trail, will enhance and improve the District. Goal A: Procure new land for parks and public open space. IMPLEMENT ATION ACTIONS: Secure public open space(s) in Iocation(s) that will optimize use and accessibility 7 26 Ensure that all park planning provides for a broad range of both residential and commercial needs. Provide a park plan that includes a children's playground and connectivity to adjacent wetlands and open space. Eminent Domain shall not be used to procure new land for parks. Goal B: Improve landscaping in existing public spaces. IMPLEMENTATION ACTIONS: Enhance boulevards and public right-of-way by planting and maintaining trees where appropriate. Weed control. Encourage property owners to maintain their property 5. The costs of projects and programs shall be weighed against their benefits to the District. This principle is se(f-explanatory as long as Benefit is understood to mean the promotion of the Principles and that Benefits may not befinancial in nature. 6. Private property shall not be acquired for other private use through the eminent domain process in the implementation of any aspect of this plan GOAL: Neither the City of Bozeman nor any of its subdivisions shall use eminent domain to take private property for private use in the implementation of an urban renewal project or similar redevelopment plan. IMPLEMENTATION ACTIONS: Include a specific prohibition of this practice in the implementation section of the Plan. Require that any amendment of the Plan occur under the same procedures as the Plan was adopted including the individual notice requirements for properties within the District. Help assure the City ordinance prohibiting the practice remains in place by placing the NURB on record as endorsing the prohibition. 7. The City shall not limit its vision for the District improvements to monies available solely through the TIF funding. GOAL: Encourage the City to help ensure the success of the N E Urban Renewal Plan by giving a high priority to the NE District in its capital improvements plan. 8 27 IMPLEMENTATION ACTIONS: Work with the City, County, and State to secure funds from all available sources. Promote communication so that it is understood that the District will require assistance beyond the tax increment finance funding. 8. Projects shall consider impacts on adjacent neighborhoods. OOAL: Work with neighborhoods and businesses to ensure actions taken in the District are compatible with adjacent developed areas. IMPLEMENTATION ACTIONS: Keep communication open and seek public input from adjacent neighborhoods. Evaluate projects on their community-wide benefits and impacts. Create a process for the development and prioritization of neighborhood projects. 9. The city shall consider the impact on the District of all projects undertaken outside of the District. GOAL: Work with the City to ensure actions taken outside of the District are compatible with projects inside of the District. IMPLEMENTATION ACTIONS: Evaluate and mitigate adverse impacts on the District occurring from projects outside ofthe District. Ensure that a proportionate share of infrastructure costs resulting from projects inside of the District is shared by the projects outside of the Districts that utilize the infrastructure. 9 28 EXECUTING THE PLAN INTRODUCTION Once adopted, this Plan becomes the official policy guide for public action regarding the Northeast Urban Renewal District. These policies can only be transformed into action through an effective implementation prob'Tam. Thc framework for implementation described herein depends on sound processes of administration, financing and evaluation. As the implementation of this Plan proceeds, new opportunities will arise and unforeseen problems will emerge. The Plan's administration must be sufficiently flexible to respond cffectively to changing circumstances without losing sight of long range goals. ADMINISTRATION To implement this Plan, an Urban Renewal Agency will be created, hereafter referred to as the Northeast Urban Renewal Board (NURB). The NURB is responsible for the implementation of this Plan, pursuant to MCA S 7-15-4232. Specifically, the NURB will: 1) develop plans which implement the vision tor the District; 2) rcview on an ongoing basis the opcration and processes of all public agencies to assure that such activities are supportive ofthe Plan; and 3) advocate and coordinate the complete and full implementation of the Plan. Individuals appointed to the NURB shall have a demonstrated interest in Northeast Bozeman. Pursuant to MeA S 7-15-4234, the mayor, by and with the advice of consent of the City Commission, shall appoint the NURB, which shall consist of five voting members. The initial voting membership shall consist of one NURB member appointed for 1 year, one for 2 years, one for 3 years, and two tor 4 years. Each appointment thereafter shall be tor 4 years. 1) Each voting member shall hold office until his/her successor has been appointed and has qualified. 2) A voting member shall receive no compensation for his/her service but shall be entitled to authorized necessary expenses, including traveling expenses, incurred in the discharge of his/her duties. 3) Any person may be appointed as voting members if they reside within the municipality or own property within the District. The preferred composition of the NURB would include two residents of the District, two business owners in the District, and one member at large. 4) A voting member may be removed for inefficiency, neglect of duty, or misconduct in offIce. 5) The appointment of voting members shall be ratified annually by the City Commission. A majority of the voting members shall not hold any other public oHice under the municipality other than their membership or office with respect to the NURB. 10 29 The powers and responsibilities of the NURB shall be exercised by the members thereof according to adopted bylaws approved by the City Commission. A majority of the members shall constitute a quorum for the purpose of conducting business and exercising the powers and responsibilities of the NURB and for all other purposes. Action may be taken by the NURB upon a vote of a majority of the members (three) unless in any case the bylaws shall require a larger number. In addition to the five voting members, the NURB shall be composed of a non- voting membership of not more than four individuals. The initial membership shall consist of one member appointed for 1 year, one f()r 2 years, one for 3 years, and one for 4 years. Each appointment thereafter shall be for 4 years. These individuals must possess expertise or other qualifications necessary to help implement the plan. 1) Each non-voting member shall hold office until his/her successor has been appointed and has qualified. 2) A non-voting member shall receive no compensation f()r his/her services but shall be entitlcd to authorized necessary expenses, including traveling expenses, incurred in the discharge of his/her duties. 3) A non-voting member may be removed for inefficiency, neglect of duty, or misconduct in office. 4) The appointment of non-voting members shall be ratified annually by the City Commission. Initial administrative staff duties for the NURB will be performed by city staff as available until other funding shall be available from alternate sources and permanent staff hired. The NURB will make every effort to fund its own staff: either by contracting for services with existing public agency staff, contracting for services with a private firm, or hiring a staff. The FY07 work program shall specify the staff arrangement. The NURB may exercise any of the powers specified in MCA ~ 7-15-4233. However, no entrance to any building or property in any urban rcnewal area in order to make surveys and appraisals in the manner specified in 7-15-4257 shall be made without the owner's permission ANNUAL WORK PROGRAM, BUDGET, AUDIT AND EV ALUA TION The NURB shall prepare an annual work program (AWP) and budget that will list the activities and costs of activities for the coming fiscal year, as well as the method of financing those activities. The NURB shall provide public notice in the newspaper and by other appropriate means and conduct a public hcaring prior to the submittal of the annual work program to the City Commission. This program and budget may be amended during the course ofthe city's fiscal year, in light of funding and program changes. All budgets and revised budgets shall be reviewed and approved by the City Commission. 11 30 The NURB shall cause to be perf()rmed an annual audit conducted in conjunction with the city's audit covering the operations of the NURB in carrying out this Plan. The first such audit shall be completed within ninety (90) days of the close of the first fiscal year following the adoption of this Plan by the City Commission. All such audits shall be maintained as a part of the public records of the City of Bozeman. The NURB shall also provide to the City Commission and the public an annual program evaluation. Such evaluation shall review the Northeast Bozeman Improvement District Plan and the past annual work program and other relevant NURB activities for the year. PLAN AMENDMENT The Plan may be amended by the same means as adopted in accordance with Montana law. No ordinance amending the Plan shall be adopted until after a public hearing has been conducted thereon and notice of said hearing has been given in the official newspaper once a week for two consecutive weeks preceding the hearing. In addition, mailed notice shall be given to all persons owning property at the time and in the manner provided by MCA * 7-I5-42I5( 1). All notices shall provide the information regarding the modification required by MCA S 7-15-4215(1). Nothing herein shall limit of affect the authority ofthe Commission to undertake and carry out renewal activities on a yearly basis as provided by MCA * 7-15-4220. PROPERTY ACQUISITION The NURB will assist and encourage public and private entities to eliminate blight or blighting influences, and strengthen the City's economy by developing property in the District. Where necessary, in the execution of this Plan, the NURB is authorized to acquire property in the District in accordance with the appropriate federal, state and local laws. However, the power of eminent domain shall not be used to acquire private property for private purposes or for parks. ACTION BY THE CITY The City shall aid and cooperate with the NURB in carrying out this Plan, and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the area of conditions causing blight. To assure the purposes of the Plan are fully considered, the City shall obtain and consider the advice of the NURB regarding all development proposals, public works projects or other matters occurring within or adjacent to the Northeast Bozeman Improvement District area or affecting any aspect of the Plan. 12 31 Other action by the City may include, but not be limited to the following: 1. Institution and completion ofproceedings for opening, closing, vacating, widening or changing the grades of streets, alleys and other public rights-of-way and for other necessary modification of the streets, the street layout and other public rights-of-way in the Northeast Bozeman Improvement District areas. 2. Institution and completion of the proceedings necessary for changes and improvements in publicly-owned utilities within or affecting the Northeast Bozeman Improvement District areas. 3. Revision of Master Plan, Zoning requirements, development standards and regulatory practices if necessary to facilitate the execution or principles, policies and implementation actions set forth by this Plan. 4. Pedormance of the above, and all other functions and services relating to public health, safety and physical development normally rendered in accordance with a schedule that will pennit the redevelopment of the Northeast Bozeman Improvement District area to be commenced and carried to completion without unnecessary delays. 5. Promotion of the availability, through the City, of programs and funds to help keep existing and new housing, in or near the district, affordable and habitable. 6. The undertaking and completing of any other proceedings necessary to carry out the provision of this Plan. 13 32 FINANCE The programs, projects and administration of the Plan shall be financed from a variety of sources both public and private which in part may include: Private - Grants; dues; self-imposed taxes, such as Special Improvement Districts or Business Improvement Districts; private investment; and donations. Private Enterprise Assistance Programs - Housing and Urban Development, Small Business Administration and Community Reinvestment Act financial assistance. Public - Tax increment financing; revenue bonds; City and County general funds; public grants; utility Districts; user fees; state-backed, low interest loans; Montana Department of Transportation; general obligation bonds; tax credits; and enterprise funds. Tax Increment Financing will be implemented in accordance with MCA SS 7-15- 4282-4292 and 4301-4324. In the event that property taxes arc reduced or replaced with some new form of revenue, it is the intent of the Plan to use all available means to adjust the tax base or allow the capture of that portion of the new revenue form necessary to offset the reduced or lost increment. The NURB will annually develop a program and budget to be reviewed and adopted by the City Commission. During this procedure, specific actions will be proposed in detail for community review. This process will allow maximum community input to further the redevelopment interests of the community and to evaluate past actions ofthe NURB. Tax Increment Financing shall be used to further the implementation of the goals set forth in this plan. 14 33 JJSlaIBM9U9}:1ueqJnn~H3N SOOZpasodOJd I 9JnB!.::1OOlrD~ l Ia.m~!.tI 34 Appendix 1 COMMISSION RESOLUTION NO. 3835 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THAT BLIGHTED AREAS EXIST WITHIN THE MUNICIPALITY AND THE REHABILITATION, REDEVELOPMENT, OR A COMBINATION THEREOF OF SUCH AREA OR AREAS IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, OR WELFARE OF THE RESIDENTS OF SUCH MUNICIPALITY. WHEREAS, a blight investigation in a portion of Northeast Bozeman outlined in Attachment "A" was completed by ThinkTank Design Group, Inc. on June 6, 2005; and WHEREAS, the investigation determined that areas of blight as defined by state statute existed within the study area associated with the following: the defective or inadequate street layout identified within the study area; instances of known deterioration, inadequate provisions and/or age obsolescence of the following public improvements within the study area: water, sewer, storm drainage, streets, sidewalks and parks; instances of age obsolescence of buildings within the study area; instances of unsanitary or unsafe condition; instances producing inadequate provision for ventilation, light, proper sanitary facilities, or open spaces as determined by competent appraisers on the basis of an examination of the building standards of the municipality; and WHEREAS, Section 7-15-4212 MeA provides that any person, public or private may submit an urban renewal plan to the municipality; and WHEREAS, a request was received from ThinkTank Design Group, Inc. to create an Urban Renewal District for the study area in Northeast Bozeman outlined in Attachment "A"; and 16 35 WHEREAS, Section 7~ 15-4210 MCA requires that a municipality adopt a resolution of necessity in order to implement an urban renewal program. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that areas of blight exist within the study area of Northeast Bozeman outlined in Attachment" A", attached hereto and by this reference made a part hereof, and that the rehabilitation, redevelopment, or a combination thereof of the area is necessary in the interest of the public health, safety, morals, or welfare of the residents of Bozeman. BE IT FURTHER RESOLVED that the City shall not use its powers of eminent domain to acquire private property for any private use in the implementation of any urban renewal project within this area. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 15th day of August 2005. ANDREW L. CETRARO, Mayor ATTEST: ROBIN L. SULLIVAN City Clerk APPROVED AS TO FORM: PAUL J. LUWE City Attorney 17 36 Appendix 2 Description of the Proposed NE Urban Renewal District Beginning at the point of the southeast corner of Lot 12 Block 15 of the Imes Addition; thence southerly along the west right-of-way line of North Rouse Avenue approximately 1,530 feet to the northeast corner of the north 81 feet of Tract 1 Block 9 of Beall's First Addition; thence easterly approximately 60 feet to the western property line of Tract 2 Block 1 of Perkins and Stone Addition; thence northerly along the east right-of-way line of North Rouse Avenue approximately 32 feet to the northwest corner of Tract 2 Block 1 of Perkins and Stone Addition; thence easterly along the south right-of-way line of East Peach Street approximately 397 feet to the northwest corner of Tract 2 Block 6 of the Babcock and Davis Addition; thence southerly along the east right-of-way line of North Church Avenue approximately 117 feet to the southwest corner of Tract 2 Block 6 of the Babcock and Davis Addition; thence easterly approximately 194 feet to the southeast corner of Tract 2 Block 6 of the Babcock and Davis Addition; thence southerly approximately 55 feet to the southeast corner of Tract 3 Block 6 of the Babcock and Davis Addition; thence westerly approximately 10 feet to the northeast corner of Tract 4 Block 6 of the Babcock and Davis Addition; thence southerly approximately 111 feet to the southeast corner of Tract 7 Block 6 of the Babcock and Davis Addition; thence easterly approximately 264 feet to the western property line of the West % of Lot 3 Block 7, Tract 2 of the Babcock and Davis Addition; thence northerly along the eastern right-of-way line of North Wallace Avenue approximately 284 feet to the northwest corner of the west end of Tract 2 Lot 6, and the north 5 feet of Lot 5 Block 7 of the Babcock and Davis Addition; thence easterly along the southern right-of-way line approximately 817 feet to the western property line of Lot 33 Block 53 of the Northern Pacific Addition; thence northeasterly along the eastern right-of-way line of Plum Avenue approximately 555 feet to the centerline of the current main railroad track; thence northwesterly along the centerline of the current main railroad track approximately 1,280 feet; thence westerly approximately 177 feet to the northeast corner of Lot 1 of the Amended Plat C-23-W of the Northern Pacific Addition; thence southerly along the west right-of-way line of North Wallace Avenue approximately 393 feet to the southeast corner of Lot 17 Block 110 of the Northern Pacific Addition; thence westerly along the north right-of-way line of East Tamarack Street approximately 400 feet to the southwest corner of Lot 1 of the Amended Plat C-23-W of the Northern Pacific Addition; thence northerly along the east right-of-way line of North Church Avenue approximately 360 feet to the property line of Lot 1 of the Amended Plat C-23-W of the Northern Pacific Addition; thence westerly approximately 430 feet along the north right-of-way line of East Juniper Street to the southeast corner of Lot 12 Block 15 of the Imes Addition, the point of beginning. 18 37