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HomeMy WebLinkAbout08 11 2008_North Seventh Urban Renewal Board Funding Request Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, Assistant to the City Manager SUBJECT: North Seventh Urban Renewal Board Funding Request MEETING DATE: August 11, 2008 RECOMMENDATION: Consider the funding request from the North Seventh Urban Renewal Board BACKGROUND: The purpose of this memo is to provide historical background and evidence of past commission action as it relates to the aforementioned funding request from the North Seventh Urban Renewal Board (NSURB). Attached hereto is the formal request from the NSURB, excerpts from the following approved minutes of the Bozeman City Commission • August 25, 2003; • June 6, 2005; • December 19, 2005; • February 6, 2006; and • November 27, 2006 (and Ordinance 1685 referenced in the minutes), and the following supplementary documents: • July 2002 Big Box Task Force Recommendations • November 13, 2006 memo from Assistant City Manager Ron Brey regarding the North Seventh Avenue Urban Renewal Plan FISCAL EFFECTS: Undetermined ALTERNATIVES: As suggested by the Commission. Respectfully submitted, 47 _________________________________ ____________________________ Brit Fontenot, Assistant to the City Manager Chris A. Kukulski, City Manager 48 Page 1 of 8 A Funding Request for the North Seventh Avenue Urban Renewal District August 6 2008 History July 22, 2002: City Commission heard the recommendations of the Big Box Task Force. Recommendations from this commission-appointed task force included 50% of the Big Box Economic Development fees go to (taken from 07/22/02 meeting minutes): Item #6 - Economic Development fees collected will be allocated as follows:   - 50% will go to the City of Bozeman Community Affordable Housing Board to be directed toward programs and projects that assist with first time ownership. Jeff Rupp and Ron Brey will determine more specifically how to allocate these funds within programs administered by the Board to best accomplish the first time ownership objective.   - 50% will go to fund infrastructure improvements on aging, substandard or missing infrastructure in the already developed areas of the community that are designated as Community Commercial in the Bozeman 2020 Community Plan. The entire recommendation report is attached. This program is intended to fund both aesthetic and physical infrastructure improvements within the District through improvements to streetscapes, i.e. sidewalks, curb and gutter and wayfinding signage. This complies with the state law as a “cost of the construction of public works or improvements”. It complies with the City’s goals by improving the physical environment in order to make the North Seventh corridor more attractive and easily traversed by foot and bicycle as well as for new business location and expansion. The intentions also included help for the areas impacted by the advent of the big box stores, connecting east to west sides of town, and getting people downtown via attractive gateways. The Growth Policy Map designates the following areas of N. 7th Ave as Community Commercial: West side: from Oak St. south East side: from Hemlock south After receiving a letter of request from North 7th business owners on April 18, 2005, the Commission approved $50,000 be used to have a connectivity plan for North 7th designed. Winter and Company fulfilled this need, creating a plan which is available at http://www.bozeman.net/commission/north_seventh_urban_renewal_board_(nsurb)2.aspx . On August 22, 2005 the City Commission adopted Resolution 3839 naming North 7th as blighted; discussed $250,000 of Big Box Fund to enhance connectivity between the big boxes and downtown, North 7th mentioned first because Wal-Mart first to 49 Page 2 of 8 contribute to fund in hopes their contribution would offset any negative impact they might have. Resolution 3839 attached herein as Attachment A on page 6. On November 27, 2006, with Ordinance 1685, the Commission adopted the North Seventh Urban Renewal Plan establishing the North Seventh Urban Renewal District and Tax Increment Financing (TIF) for the District. Ordinance 1685 attached herein as Attachment C, pgs 7-8. The stated goals and objectives of this redevelopment plan were as follows: General Goals: • Ensure the health, safety and security of the District; • Balance commerce and livability in the District within the mixed-use framework; • Public open space is essential to a healthy and appealing urban environment; • The costs of projects and programs shall be weighed against their benefits to the District; • Private property shall not be acquired for other private use through the eminent domain process in the implementation of any aspect of this plan; • The City shall not limit its vision of the District improvements to monies available solely through the TIF funding; • Projects shall consider impacts on adjacent neighborhoods; and • The City shall consider the impact o the District of all projects undertaken outside of the District. Specific Objectives: • Provide a distinct identity for the corridor; • Develop the corridor as a focus for commercial and entertainment activities that serve residents and visitors alike; • Strengthen the corridor as a neighborhood service center; • Provide mixed-use development; • Clearly define gateways at key locations along the corridor; • Improve auto, bicycle and pedestrian circulation along the corridor; • Provide pedestrian connections to adjacent neighborhoods; • Establish a wayfinding system; • Guide new development along the corridor such that it improves the aesthetic experience; • Coordinate public and private improvements; • Strengthen connections between complementary uses; and • Provide flexible public space along the corridor. In April 2008 the North Seventh Urban Renewal Board formed. Priorities for Phase I of renewal set at May 8 meeting as – continuous sidewalks, pedestrian lighting, update street improvement district; streetside landscaping paid with TIF monies. 50 Page 3 of 8 In the June 30, 2008 Big Box Fund Finance Dept Report, a result of the Commission Meeting discussion August 25, 2003. From the meeting minutes: Commissioner Cetraro, "that connectivity of the community is a key issue particularly since big box stores are to be located on the outskirts of the city He stressed the importance of drawing people to the core of the community and suggested that the relationship between the core the MSU campus the North 7th Avenue corridor and the North 19th Avenue is extremely important and should be enhanced." The motion and vote was the following: "It was moved by Commissioner Cetraro seconded by Commissioner Brown that the 950 000 in development impact fees being collected from Home Depot and WalMart be split on a 50/50 basis with $475,000 allocated toward affordable housing and $475,000 allocated to assist local businesses and interconnectivity in the community with match monies being encouraged for appropriation of the monies to specific projects. The motion carried by the following Aye and No vote those voting Aye being Commissioner Cetraro Commissioner Brown Commissioner Youngman and Mayor Kirchhoff; those voting No, none." Connectivity Plan Recommendations Page 3 of the Winter and Company Study points out the following infrastructure needing improvements on N. 7th Ave: • Pedestrian crossings where people feel safe are few • Poorly defined walkways along the highway and within properties • School zone crossings are dangerous • Discontinuity in sidewalks • Lack of bicycle commuter lanes • Many curb cuts, which disrupt sidewalks and encourage multiple turning movements that inhibit traffic flow • Lack of boulevard grass between the sidewalk and street • Poor lighting Page 6 of the Winter and Company Study recommends we “Improve auto, bicycle and pedestrian circulation along the corridor. Improve streets, bikeways, sidewalks and trails to allow safe navigation and access to the corridor and through it. The street system should be fine-tuned: intersection improvements should be implemented to facilitate traffic movement and pedestrian safety. Select intersections should also be renovated to enhance function and safety. Emphasis should be placed on bicycle and pedestrian circulation and connectivity.” Community participation with regard to Montana Department of Transportation and Federal decisions about the corridor is imperative.” 51 Page 4 of 8 Pages 10 & 12 of the Winter and Company Study provides the cross sections of what needs to be achieved on N. 7th Ave.   Much of the Winter Plan corresponds to the goals of the Complete Streets program, "promote safe and convenient access and travel for all users of all ages and abilities: pedestrians, bicyclists, transit vehicles and riders, as well as cars and trucks." Successful streetscapes must be people places first, managing vehicular circulation so it can be in harmony with pedestrian patterns. In consideration of the recent steep escalation in gas prices, making 7th safer and easier to navigate will help to attract citizens and visitors to walk and bike.   Board Priorities The NSURB set priorities for N. 7th Avenue on May 8th as follows: sidewalks, pedestrian lighting, create S.I.L.D. and force sidewalks and lighting and streetside landscaping paid with TIF monies. Funding Request The North 7th Avenue Connectivity Plan prepared by Winter and Company provides guidance and design recommendations to remedy these deficiencies, but does not provide the engineering, feasibility (including right-of-way acquisition needs) and cost estimate for implementing these improvements. The NSURB requests $232,000 of Big Box Funds to hire a design and engineering firm to complete sidewalk, curb and gutter, and lighting plan for North 7th Avenue, from Main Street to Oak Street in order to begin implementation of the North 7th Avenue Connectivity Plan. NSURB requests the $375,000 Big Box Funds, to use along with the $30,000 TIF already gathered, for the following requirements for Phase I of the project: 1. $ 150,000 Engineering plan fees for Phase I (est. 10% of project costs) 2. $1,500,000 actual work required to complete sidewalk, lighting and landscaping project @ $200/linear foot for Phase I 52 Page 5 of 8 3. $ 10,000 Hire part-time staff to administer engineering RFP and right-of-way land acquisitions 4. $ 50,000 Right-of-way land acquisition, if required; amend S.I.L.D. 5. $ 50,000 Subsidy program to encourage voluntary compliance by property owners with life-safety regulations and assistance with ___________ façade and site improvements $1,760,000 Attachments A Resolution 3839, August 22 2005 B Ordinance 1685, pages 1 and 2, adopted November 13, 2006 53 Page 6 of 8 Attachment A: Resolution 3839 Attachment B: Resolution 3839 54 Page 7 of 8 Attachment B: Ordinance 1685 55 Page 8 of 8 56 6 Mr Frank Munshower 1407 South Bozeman Avenue stated the Bozeman Creek NeighborhoodAssociationagreeswiththeAlternativeNO1planbutdoesnotagreewiththeeastwestconnector Mr Jim Pepper 1322 South Rouse Avenue complimented the staff and Planning Board for listeningtotheneighborhoodHenotedthatiftheprocessremainsopentheneighborswillfindawaytomakethe plan work and asked that they be given adequate time to find a way to protect this major riparian corridor through the city Mr Ted Lang Gallatin Valley Land Trust stated it is important to have an appraisal early in the process so that costs can be adequately addressed Mr Chuck Paden 507 Ice Pond Road stated those who live along that road are opposed to makingitathroughstreetAlsohenotedthatextendingIcePondRoadtothewestwouldnotbeconsistentwith Mr Reid s plans for development of his property He concluded by suggesting that a gated access could provide the desired emergency access without making Ice Pond Road a connector street Mayor Kirchhoff stated he finds Alternative NO 1 commendable recognizing that it helps to protect a community asset He suggested that grant monies may be available to complete an appraisal on the properties or to possibly acquire those needed to meet this alternative Commissioner Youngman recognized the significance of both the community and the property owners coming to the same conclusion and noted she is supportive of the plan selected Commissioner Cetraro stated he cannot make a decision atthis time without more information about the process Commissioner Brown noted there are a lot of constraints to development along this corridor and as a result he supports Alternative NO 1 He cautioned however that a lot of cooperation will be needed to make it work Mayor Kirchhoff thanked staff for the update Discussion possible commitments of monies from larae scale retail development impact fees Included in the Commissioners packets was a request from the Gallatin Valley IndependentBusinessAllianceGVIBAdatedAugust19requestingatotalof75000withaninitialcommitmentof 25 000 to help with start up costs Mayor Kirchhoff noted it is important to have a discussion on how to allocate the monies collected particularly since the City is beginning to receive specific requests for those monies At Mayor Kirchhoff s request Commissioner Youngman provided a brief overview of the task force s vision for these monies noting they recommended at leastone half ofthe fee be earmarked for affordable housing with the remainder supporting local businesses She forwarded her interest in seeing more than half of the monies allocated for affordable housing particularly since the Commission has committed 100 000 to match a home ownership grant applicant and 100 000 has already been given to a developeroflowincomehousingtosupporthisprojectsShecautionedthattodividethemoniesfromWalMartand Home Depot as recommended by the task force would result in a very limited amount remaining to support additional affordable housing needs and in fact would not even fund a second year of the commitment recommended by the Community Affordable Housing Advisory Board Commissioner Youngman suggested that the request from the Gallatin Valley Independent Business Alliance would meet the criteria for the other half of the monies since the purpose of the organization is to ensure the continued viability of locally owned businesses She also noted that transit issues may also fit into that category Commissioner Cetraro stated that connectivity of the community is a key issue particularly since big box stores are to be located on the outskirts of the city He stressed the importance of drawing people to the core of the community and suggested that the relationship between the core the MSU campus the North 7th Avenue corridor and the North 19th Avenue is extremely important and should be enhanced 08 25 0357 7 Commissioner Brown voiced concern that setting up and operating a transit system is quiteexpensiveandsubsidiesarerequiredforcontinuedoperationsHenotedthatatransitsystemoften benefits lower income people and asa result could qualify for these funds Mayor Kirchhoff cautioned that the Commission cannot bank on this being a continuing source of monies and as a result should not consider it a source for funding ongoing programs He then noted that once the Commission decides how the monies are to be allocated it must decide how it will determine if a specific request is to be funded and suggested that a cap may be desirable Commissioner Brown noted the Commission is under no obligation to spend all ofthe monies in one year but could commit some of them for the future Mayor Kirchhoff suggested that if General Fund monies are to be used to support affordable housing it may be beneficial to begin allocating monies from that source so that the it is ready to absorb the full burden of the program when other sources of monies are no longer available He suggested that the Commission proceed slowly with expending moniesfor local businesses waiting to see if the communityrespondstothatprogram Responding to Mayor Kirchhoff the Commissioners indicated general support for splitting the monies between affordable housing and the business community Mr Brian Close member of the transit task force stated that a grant to obtain 1 8 million in capitalforatransitprogramwouldrequirea450000localmatchandsuggestedthatonetimemonieswouldbe an effective way to provide that match Ms Ashley Ogle 526 West Cameron Bridge Road stated the proposal from the Gallatin ValleyIndependentBusinessAllianceisnotjustamarketingcampaignbutwilleducatethecommunityonwhat local businesses do for the community She indicated that the 25 000 requested this year will allow the program to get off the ground and after this first year the program would seek additional monies from the City on a match basis in each of the next two years She noted that some of those who served on the bigboxtaskforcearealsointheAllianceandrecognizetheimportanceofonehalfofthefundsgoingto affordable housing Mr Kelly Wiseman 402 North Church Avenue noted that the Chamber of Commerce promotes businesses in a political way and the Alliance is to promote local businesses through education and advocacy making people aware of the advantages of buying locally He stated that in those cities where independent alliances have been created they work side by side with the local Chamber of Commerce Ms Jennifer Rockne 222 South Black Avenue stated she isa director ofthe American IndependentAllianceandhashelpedtenothercommunitiescreatealocalallianceAsaresultshenotedthat Bozeman s program would be based on a tried and true model and in addition to the services previously identified would provide guidance and advice to local businesses Ms Suzie Johnson 410 West Arthur Street stated it is important to begin a buy local program soon educating the public on the benefits of independent businesses She noted that she does not own a businesses but recognizes their importance to the community and encouraged approval of this proposal The Commissioners discussed how to split the 950 000 in development impact monies from WalMart and Home Depot with concurrence being for an even split at 475 000 for each program The Commissioners also agreed that match monies should be encouraged although it may not be possible to make that a strict requirement It was moved by Commissioner Cetraro seconded by Commissioner Brown that the 950 000 in development impact fees being collected from Home Depot and WalMart be split on a 50 50 basis with 475 000 allocated toward affordable housing and 475 000 allocated to assist local businesses and interconnectivity in the community with match monies being encouraged for appropriation of the monies to specific projects The motion carried by the following Aye and No vote those voting Aye being Commissioner Cetraro Commissioner Brown Commissioner Youngman and Mayor Kirchhoff those voting No none 08 25 0358 5 Public comment No comment was received under this agenda item Reauest from business and propertv owners alona North 7th Avenue for allocation of larae scale retail impact monies earmarked for economic developmentas follows 50 000 toward development of desian and connectivitv plan for North 7th Avenue and 250 000 toward implementation of plan Included in the Commissioners packets was a memo forwarding the request from several business and property owners along North 7th Avenue for allocation of 50 000 toward development of design and connectivity plan for North 7th Avenue and 250 000 from the large scale retail impact monies earmarked for economic development toward implementation of that plan Mr Mike Hope gave an overview of the request He noted that a group of property owners and business owners along North 7th Avenue have organized after recognizing that steps can be taken to enhance their businesses as well as this entryway to the city They have a vision of what they want to see done and need some assistance in starting the effort As a result he asked that 50 000 be earmarked for the development of a design and 250 000 be committed from the large scale retail impact monies toward the implementation ofthat plan He stated the proposal is to create a connectivity plan for North 7th Avenue from the interstate to Main Street including sidewalks and street lights that make this corridor more pedestrian friendly Mr Hope projected that the envisioned improvements will cost 1 to 2 million and in addition to the monies requested from the City he suggested federal and state monies could be leveraged and business and property owners would bear their portion of the costs He stressed the importance of revitalizing this corridor particularly in light of other commercial development within the community He noted many of the property owners have recognized the importance of updating this corridor and have already begun to do so on their own and he feels now is a critical time for ensuring that the upgrading is done in a cohesive manner He concluded by noting that the group is working with Assistant City ManagerRonBreyonthecreationofataxincrementfinancingdistrictthatisfurtherdesignedtoassisttheproperty owners in investing in this project Commissioner Kirchhoff thanked the business and property owners for coming forward with a proposal to enhance this corridor creating a more competitive business atmosphere and an asset to the community He raised several questions about the proposal including the type of organization to be formed and the investment commitment to be made by individual owners in light of the disparate needs along this corridor Mr Hope responded that he envisions a structure similar to that in the downtown with a Commission appointed board tooversee the district and the implementation ofthe plan He then noted that the petition submitted includes the signatures of 18 or 19 owners and ten to twelve are present at this meeting to reflect their support He stated that he has talked to other owners who are also interested in participating and to date he has not had any negative feedback on the proposal Commissioner Krauss stressed the importance of a united front for this project particularly in lightofthenewlifestylecentersbeingproposedinotherportionsofthecommunity Responding to questions from Commissioner Krauss Mr Hope indicated that the monies to implement the plan are not needed atthis time however the group would like assurance that those monies will not be spent elsewhere while the plan is being developed Commissioner Youngman stated that while she supports the proposal to upgrade the appearanceofNorth7thAvenueshefeelsitisimportanttomoveforwardaspartnersfromthebeginningAsaresult she wants some assurance that the property and business owners are committed to the project and will participate in it financially Mr Mike Hope agreed that it is important for the owners to participate financially in the improvements He then cited the 1 million that his business hascontributing to improving its site and noted the GranTree Inn has undergone upgrades as well as others 06 06 0559 6 Furtherresponding to questions from Commissioner Youngman Mr Hope estimated the signatures on the petition represent over 50 percent ofthe properties along North 7th Avenue He then acknowledgedthattheCityseffortabouttenyearsagotoinstallsidewalksalongNorth7thAvenuemetwithresistance He suggested that time heals conflicts and noted that the ownership of some of the properties has changed He then stressed that this corridor needs to be updated and that will happen in the next twenty years this proposal will simply speed that process up and keep the corridor more competitive with the rest of the commercial areas in the community Further he noted the independent business owners along North 7th Avenue are communicating better than they have in the past Director of Public Service Debbie Arkell announced that staff has been working with a lobbyist and has applied for a 500 000 grant through General Electric for new energy saving exterior lighting along North 7th Avenue Mr Carl Solvie GranTree Inn noted he represents the hotel industry and the 1 000 plus rooms on North 7th Avenue He stated that over the past twenty years that he has been involved with the hotel he has heard repeated comments about how ugly North 7th Avenue and acknowledged that sadly that is true He noted that North 7th Avenue is a main artery to the downtown and to the Fairgrounds and he asked that the City assist in providing an avenue of which all can be proud Mr Doug Alexander owner of 1 90 Exxon recognized that his site is dated and what he considers an eyesore however he is delaying his planned remodel until plans for the entire corridor are developed so that he does do something counter to those plans He noted that between the two gas stations near the interstate and the one at Main Street a significant amount of taxes is generated and he would appreciate seeing some of them put back into the equation He concluded by asking that the Commission approve at least the development of a plan for this corridor Mr Don Cape Jr stated his family owns an interest in the property under County Market and his Grandfather helped with the previous improvements along North 7th Avenue He stressed that this avenue plays a key role in the community and that role will only grow as the corridor is redeveloped Since this is an established corridor businesses are interested in locating within it and this provides an attractive opportunity He noted however the businesses need a catalyst and a jump start and asked the Commission to approve the expenditure of monies to develop a plan Mr Mike Gaffke owner of The Bozeman Inn noted that many of the businesses assisted with funding of the little park on North 7th Avenue at Darigold He stated that when he was required to install the sidewalk adjacent to his property a few years ago he was resistant to the idea however he has seen how much it is used and fully supports the installation of sidewalks along the entire length of the street He concluded by encouraging Commission support of the requested funding assistance to enhance this corridor Commissioner Krauss noted that Assistant City Manager Ron Brey is working on the tax increment financing district for North 7th Avenue and the Commission has been talking about some kind of plan for North 7th Avenue He stated the tax increment financing district needs to be in place first and he is pleasedwiththesupportthatthepropertyownersandbusinessownersareshowingortheenhancements Commissioner Youngman agreed that a plan is needed but she is interested in ensuring that action on this funding request is done right She stated that with the use of large scale retail impact monies for affordable housing projects to date the match has been at least 5 to 1 and was 28 to 1 in one instance She is also concerned about the fact that monies are being requested for a study rather than having that study in place and being asked to assist in funding ofthe project She recognized that the North 7th Avenue corridor is important but suggested that the Commission commit to establishing a list of priorities for the community before committing to funding for the project rather than funding on a first comefirst served basis She concluded by encouraging that the plan for this corridor include a unique look and feel possibly through the type of sidewalks lights and trees identified Commissioner Hietala noted that Commissioner Krauss had previously mentioned a task force and he supports the creation and appointment of that group which could help create a plan and identify the means for funding that plan and the vision for the corridor He stressed that this proposal relates to connectivity within the community He concluded by expressing his support for earmarking 50 000 for the plan and reserving 250 000 for the project noting it is important to move fairly aggressively to make the plan a reality 06 06 0560 7 Commissioner Kirchhoff noted that he too supports the creation of a task force He stated that discussions about connectivity and improving corridors has been a fairly constant topic of discussion and he feels that approval ofthe requests for funding is appropriate He then stressed that the issue offairness in participation is critical and should be one of the tasks that the task force addresses It was moved by Commissioner Kirchhoff seconded by Commissioner Hietala that the Commission direct the City Manager to begin the process of establishing a task force of North 7th Avenue business and property owners to at a minimum deal with the questions of participation in the corridor improvements by property owners the issue of fairness in light ofthe disparate improvements and amounts involved identify a unique look and feel for the corridor and look at financing mechanisms such as but not limited to a tax increment financing district authorize the expenditure of up to 50 000 from the large scale retail impactmoniesforhiringaconsultanttodevelopaplanandholdinabeyancethespendingofanyadditionallarge scale retail impact monies earmarked for economic development until the Commission has discussed how to prioritize the expenditure of those monies The motion carried by the following Aye and No vote those voting Aye being Commissioner Kirchhoff Commissioner Hietala Commissioner Krauss Commissioner Youngman and Mayor Cetraro those voting No none Commission Resolution No 3803 revisions to powers and duties of Parkina Commission Included in the Commissioners packets was a copy of Commission Resolution No 3803 entitled COMMISSION RESOLUTION NO 3803 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA GRANTING TO THE BOZEMAN PARKING COMMISSION THE AUTHORITY UNDER TITLE 7 CHAPTER 14 PART 46 OF THE MONTANA CODE ANNOTATED TO REGULATE ON STREET AND OFF STREET PARKING IN THE B 3 ZONING DISTRICT AND THE RESIDENTIAL PARKING PERMIT ONLY DISTRICTS City Manager Kukulski reminded the Commissioners that he had requested this item be removed from the Consent Items for discussion and noted that a revised copy of the resolution was distributed just prior to the meeting The City Manager reviewed the new proposed revisions to the resolution noting that the ParkingCommissionhasoperatedunderrestrictiveprovisionssinceitsinceptionHehighlightedthechangesin the resolution and the deletions that have been requested by some of the Parking Commission members He noted that under the current structure and the resolution that was included in the Commissioners packets the Parking Commission would have no employees the new resolution deletes that restriction Further he noted that members of the Parking Commission have requested deletion of the phrase in the process for payment of bills to delete the requirement that the bills be approved by the City Commission Responding to questions from Commissioner Krauss the City Manager confirmed that the monies over which the Parking Commission is to provide oversight are indeed City monies Further he noted that the Commissioners do approve the claims and sign the listings for those weekly payments He stated the language in the resolution was designed to reflect the current procedure for the payment of all claims and that no additional requirements are being placed on the Parking Commission Commissioner Krauss stated he does not want to approve any employees under the ParkingCommissionitisimportantthatallemployeesbeundertheCityManagerHerecognizedthedesiresof the Parking Commissioners but noted the land the money and the police powers lie with the City Responding to Commissioner Hietala the City Manager confirmed that the current employees are on the City payroll and if appropriate belong to the applicable bargaining group In light of that response Commissioner Hietala voiced his concurrence with Commissioner Krauss that the City Manager remain the ultimate authority Following a brief discussion the Commissioners agreed that Item No b in Section 4 be revised to change City Commission to City Manager 06 06 0561 d e f g h i G 24 Section 18 38 050 F requires all mechanical equipment to be screened Rooftop equipment should be incorporated into the roof form and ground mounted equipment shall be screened with walls fencing or plant materials Sections 1842 150 requires a lighting plan for all on site lightingincludingwallmountedlightsonthebuildingmustbeincludedinthe final site plan submittal Lighting cut sheets shall be provided with the final PUD plan Section 1842 170 requires the trash receptacles to be appropriatelysizedandlocatedforthespecificasapprovedbytheCitySanitation Department Accommodations for recyclables must also be considered All receptacles shall be located inside of an approvedtrashenclosureAcopyofthesiteplanindicatingthelocationofthe trash enclosures dimensions ofthe receptacles and enclosures and details of the materials used shall be sent to and approved by the City Sanitation Division phone 586 3258 prior to final site planapprovalPage35shallberevisedtospecifywhowillbe responsible for trash removal Section 1846 040 D states that disabled accessible spaces shall be located as near as practical to a primary entrance Parking spacesandaccessaislesshallbelevelwithslopesnotexceeding150inall directions Raised signs shall be located at a distance no greaterthanfivefeetfromthefrontofeachaccessiblespaceandshallstate Permit Required 100 Fine At least one 1 of the disabled accessible spaces shall also be signed Van Accessible and must be eight 8 feet wide with an eight 8 foot wide striped unloadingaisleramp Section 1846 040 E states that all developments shall provideadequatebicycleparkingfacilitiestoaccommodateemployeesand customers The location and details for the bike rack shall be provided in the final site plan Section 1848 060 Landscape Performance Standards requires 23 landscape points for projects with residential adjacency as defined in Section 18 80 1730 Thefinal landscape plan shall be signed and certified by a landscape professional as outlined in Section 18 78 100 Cash in lieu of open space is subject to the provisions of Section 18 50 030 Chapter 18 52 requires a comprehensive signage plan and the review and approval ofall individual sign permit applications prior to the sign construction and installation The motion carried by the following Aye and No vote those voting Aye being Commissioner YoungmanCommissionerKirchhoffCommissionerHietalaCommissionerKraussandMayorCetrarothosevotingNonone k Discussion FYI Items continued 12 Assistant City Manager Ron Brey reminded the Commissioners that last spring a group of business owners along North 7th Avenue requested 50 000 in economic development monies for a planforimprovementstothatcorridorandthatrequestwasapprovedalongwithtentativeapprovalofupto 200 000 as matching monies for implementation of that plan He stated that the consultant selection process has been completed and Winter and Associates has been selected to complete the work That 12 19 0562 25 proposal is in the amount of 56 000 and with additional trips and public participation desired that cost could rise to 65 000 He asked if the Commissioners would be willing to consider funding the additional amount from the samesource all of the Commissioners indicated a willingness to do so Adjournment 9 15 o m There being no further business to come before the Commission at this time it was moved byCommissionerYoungmansecondedbyCommissionerKirchhoffthatthemeetingbeadjournedThe motion carried by the following Aye and No vote those voting Aye being Commissioner YoungmanCommissionerKirchhoffCommissionerHietalaCommissionerKraussandMayorCetrarothosevotingNonone AN ATTEST J R IN L SULLIVAN City Clerk 12 19 0563 2 COMMISSION RESOLUTION NO 3888 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA STATING THE CITY S INTENT TO REVISE THE BOZEMAN 2020 COMMUNITY PLAN TO ESTABLISH A SUBAREA PLAN FOR 810 ACRES DESCRIBED AS THE CHURN CREEK SUBAREA PLAN SITUATED IN THE S SECTION 29 N SECTION 32 AND SE SECTION 30 T1S R6E GALLATIN COUNTY MONTANA Authorize Assistant City Manaaer to sian Professional Services Aareement for Plannina Services with Winter and Comoanv Boulder Colorado for North 7th Avenue Corridor Desian and Connectivity Plan in the amount of 67 730 Authorize City Manager to sian Professional Services Aareement for a site analvsis and feasibility studv for current City orooerties and new librarv site Intrinsik Architect Inc Bozeman Montana in the amount of 1 0 000 continaent UDon execution bv contractor Authorize City Manaaer to sian AcceDtance of Public Street Easement for Fowler Avenue 60 foot wide easement extendina aDDroximatelv 1136 feet southward from Durston Road Authorize Mavor to sian Findinas of Fact and Order for Northside Minor Subdivision subdivide Lots 1 throuah 32 Block 1 Imes Addition into four lots Authorize Mayor to sian Findinas of Fact and Order for Freiaht and Lofts Minor Subdivision subdivide Lots 6 throuah 14 Block 106 Northern Pacific Addition into two lots ADDroval of final olat for Freiaht and Lofts Minor Subdivision subdivide Lots 6 throuah 14 Block 106 Northern Pacific Addition into two lots Ivina alona south side of East Cottonwood Street between North Ida Avenue and North Wallace Avenue AODroval of bvlaws for Gallatin County City of Bozeman City of Belarade Public Transit Stakeholders Advisorv Board AODlication for temDorarv beer and wine license BioReaions International at the Emerson Cultural Center Februarv 1 2006 Claims It was moved by Commissioner Rupp seconded by Commissioner Kirchhoff that the Commission approve the Consent Items and authorize and direct the appropriate persons to complete the necessaryactionsThemotioncarriedbythefollowingAyeandNovotethosevotingAyebeingCommissioner Rupp Commissioner Kirchhoff Commissioner Jacobson Commissioner Becker and Mayor Krauss those voting No none Public comment Ted Newman 535 Valley Drive asked when the left turn lane signals are to be added to the North 19th AvenuelWest Oak Street lights He read a recent letter to the editor noting that he concurs with the writer s concerns about the safety hazards at this intersection which has been identified as the most dangerous intersection in Bozeman He acknowledged that this signal is under the Montana DepartmentofTransportationsjurisdictionbutsuggestedthelocalofficialscouldapplypressuretothatagency Mr Newman then asked that the City establish a 35 mile per hour speed limit on West Oak Street west of north 19th Avenue noting that doing so would allow traffic to move better along those streets designed to handle higher traffic volumes 02 06 0664 6 Finally Adopt Ordinance 1685 Adopting an Urban Renewal Plan for the North Seventh Avenue corridor and adjacent properties Bernard 7 Approve Simmental Way Speed Zone Study Kerr 8 Authorize City Manager to Sign Public Access Drainage Easements Bozeman Peaks Condos Heaston 9 Authorize City Manager to sign Pebble Brook Condominiums Irrevocable Offer of Dedication Murray 10 Authorize City Manager to Sign Rosa Johnson Apartments Public Street and Utility Easement and Sanitary Sewer Easement Johnson 11 Approve the appointment of Commissioners Kirchhoff and Jacobson to review the depository bonds and pledged securities as of September 30 2006 Clark 12 Purchase of property at 214 East Lamme Goehrung 0 22 39 18 17 14 Public Comment No public comment was received 0 22 56 18 17 33 Staff Chris Kukulski City Manager Chris spoke to clarify consent item El2 Purchase of property at 214 East Lamme 0 26 30 18 17 41 Motion 4nd Vote It was moved by Cr Rupp and seconded by Cr Kirchhoff to approve Consent items 1 12 as listed above Those votlnAve helDCrs Becker Ruoo Kirchhoff Jacobson and Mavor Krauss Those votine No beine none The motion carried 0 26 50 18 17 58 G Public Comment This is the time for individuals to comment on matters falling within the purview of the Bozeman City Commission There will also be an opportunity in conjunction with each agenda item for comments pertaining to that item 0 27 27 18 21 37 Public Comment Jim Good Jim Good of 908 S Grand spoke about returning the Ten Commandments to the park 0 30 34 18 22 01 Public CQmment Laura Rain Laura Hain of 1115 S Wilson spoke in favor of action at of the WillsonCollege Traffic Signal Installation 0 32 14 18 22 34 Public Comment Richard BenneU 65 City Clerk P O Box 1230 Bozeman MT 59771 1230 1111111111111111111111111111111111111111111111111111111 g 0 p Shell Vance Gallatin Co MT MISC 22 00 ORDINANCE NO 1685 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA ADOPTING AN URBAN RENEWAL PLAN FOR THE NORTH SEVENTH AVENUE CORRIDOR AND ADJACENT PROPERTIES WHEREAS the Bozeman City Commission did on the 22nd day ofAugust 2005 adopt Resolution 3839 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 an Urban Renewal Planning Committee to prepare an urban renewal plan for the area and WHEREAS the Urban Renewal Planning Committee has prepared a proposed Urban Renewal Plan and WHEREAS the Bozeman Planning Board did on November 7 2006 find the proposed Urban Renewal Plan to be in conformity with the Bozeman 2020 Community Plan the adopted comprehensive plan for the Bozeman Planning jurisdiction and WHEREAS the Bozeman City Commission did on the 13th day ofNovember 2006 conduct a public hearing to consider the proposed Urban Renewal Plan BE IT ORDAINED by the CityCommission ofthe City ofBozemsm Mntana Section 1 That the North Seventh Avenue Urban Renewal Plan attached hereto as Exhibit A is hereby adopted Section 2 Repealer All resolutions ordinances and sections ofthe Bozeman Municipal Code and parts thereofin conflict herewith are hereby repealed Section 3 Savine s Provision This ordinance does not affect the rights and duties that matured penalties that were incurred or proceedings that were begun before the effective date of this ordinance Section 4 166 U Cl NO 0SO It N NQjmN O U E lE 0U S f Gl0 c Gl c Severabilitv If any portion of this ordinance or the application thereofto any person or circumstance is held invalid such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and to this end the provisions of this ordinance are declared to be severable Section 5 Effective Date This ordinance shall be in full force and effect thirty 30 days after final adoption PROVISIONALL YPASSED by the City Commission ofthe City ofBozeman Montana on the first reading at a regular session thereofheld on the 13th day November 2006 FINALLY PASSED ADOPTED AND APPROVED by the City Commission ofthe City ofBozeman Montana on second reading at a regular session thereof held on the 2ih day ofNovember 2006 ayor 267 North Seventh Avenue Urban Renewal District Plan October 2006 368 CITY OF BOZEMAN NORTH SEVENTH AVENUE URBAN RENEWAL PLAN Prepared bv The North Seventh Avenue Urban Renewal Plan Committee Doug Alexander Andrew Cetraro Susan Fraser Mike Gaffke Mike Hope Sherry Reid Carl Solvie Michelle Wolfe Prepared for The Bozeman City Commission Jeff Krauss Mayor Jeff Rupp Steve Kirchhoff Sean Becker Kaaren Jacobson 469 NORTH SEVENTH AVENUE URBAN RENEWAL PLAN CONTENTS Introduction page 4 District page 4 Context page 6 Description page 6 Existing Conditions page 7 Mission Vision page 7 Corridor Goals page 7 Guiding Principles page 8 Executing the Plan page 9 Finance page 13 570 NORTH SEVENTH AVENUE URBAN RENEWAL PLAN INTRODUCTION This Urban Renewal Plan was prepared by an eight member committee composed of business owners and business and residential property owners from the area covered by the plan the District and a member from the adjacent residential neighborhood in response to the City Commission s finding ofblight on August 22 2005 Resolution 3839 Attachment A The City Commission supported the blight designation in order to create an Urban Renewal District because it believed this would encourage redevelopment and infill within the city limits and that the Tax Increment Finance TIF District created by the designation would help facilitate such activity DISTRICT The boundary ofthe District is depicted in Figure 1 and is generally described as the commercially zoned property between N 5th Avenue and N 8th Avenue from Main Street north to the city limits vacant R 4 zoned parcels between Tamarack Street and Oak Street from N 5th Avenue to N 3rd Avenue right of way extended and a commercially zoned parcel north ofOak Street between N 3rd Avenue right ofway extended and the N Black Avenue alignment Between W Main Street and West Lamme Street the study area extends east only as far as a point roughly mid block between N 7th Avenue and N 5th Avenue A metes and bounds description is provided in Attachment B Growth Policy Land Use Designations The Bozeman 2020 Community Plan designates the area along the N ih Corridor as Neighborhood Commercial Regional Commercial and Industrial Some ofthe area east ofN 5th Avenue between Tamarack and Oak is designated Residential and the area east along Oak Street contains Regional Commercial and Industrial designations Zoning Classifications The District primarily consists of B 2 Community business District zoned parcels East ofthe corridor two large vacant parcels are zoned R 4 Residential High Density District and M 1 Light Manufacturing zoned parcels are located on the north end ofthe study area Land Area The District encompasses roughly 323 acres or approximately 3 0 ofthe approximately 10763 acres which comprised the total area ofthe city ofBozeman in August 2005 671 Land Use The District primarily includes areas of commercial residential agricultural industrial and public uses Commercial Activity The District includes one of the city s oldest auto oriented commercial strips Much ofthe area was developed more than fifty years ago and much has been developed or will develop largely due to the influences of transportation features particularly North Seventh Avenue Interstate 90 and Oak Street These transportation corridors shape many of the elements of the District including platting of land and land use access traffic and circulation and development patterns Residential Neighborhoods Well established and well kept residential neighborhoods adjoin North Seventh Avenue commercial development on both the east and west A portion ofthese neighborhoods is included in the District to assure that redevelopment ofthe Corridor includes careful consideration ofthe issues associated with these established residential areas A map of the District is found in Figure I and a metes and bounds description of the area included in the District is contained in Attachment B Planning Process The planning activity for the District was conducted through the preparation ofa Design and Connectivity Plan for the North Seventh Corridor DCP prepared by Winter and Company An Urban Renewal Planning Committee wasappointed by the City Commission and this group worked with staff and Winter and Company to identify a scope for the project A public workshop was held on February 15 2006 and another more focused workshop conducted on May 25 2006 Advertising in the Chronicle notified the public prior to each workshop The Consultant presented the Draft Design and Connectivity Plan on August 1 2006 to the public the DRB and at ajoint meeting of the Zoning Commission Planning Board and City Commission The DCP wasfinally adopted by the City Commission on October 23 2006 The DCP constitutes the vision for redevelopment and rehabilitation ofthe Corridor in this urban renewal plan The DCP was prepared with the acknowledgement that it would serve as the design framework for this urban renewal plan and is hereby adopted by reference as part ofthis plan The DCP is available at the City Clerk s office or on the internet on the planning page at www bozeman net The following sections addressing Context Description and Existing Conditions are taken from the DCP 772 CONTEXT North 7th Avenue is a vital part ofthe City ofBozeman It serves as a major circulation corridor and is home for a variety ofbusinesses that contribute to the vitality ofthe community However important as the corridor is today its full potential is unrealized and issues remain Some of those issues include its effectiveness in connecting with other parts ofthe city and the types ofuses and degree ofintensity of development that may occur The goal ofthis plan is to develop a framework plan that addresses technical questions about the area while providing a vision for the future A key objective is to establish a distinct identity for the corridor and the subareas within it DESCRIPTION North 7th Avenue is an established entryway corridor that extends from 1 90 south to Main Street This Class II corridor is automobile oriented however it has the potential to become more pedestrian oriented The scale of the street and the character of uses emerging along it are conducive to pedestrian activity at least for the area south ofthe highway This is in part because parcel sizes are comparatively smaller here than on some ofthe newer outlying corridors North 7th Avenue can play the following roles Neighborhood service center Economic generator Gateway Complement to the Fair Grounds Complement to downtown Connector to Montana State University Plan components to be considered in redeveloping North 7th Avenue as aparticular place with an identifiable character Automobile circulation Bicycle circulation Development patterns Landscape opportunities Pedestrian circulation Public transit Way finding 873 EXISTING CONDITIONS North 7th Avenue is primarily auto oriented at present and is not conducive to pedestrian activity The development patterns that have occurred on the commercial strip have resulted in buildings that are set back from the street with parking in front Many of these conditions are identified on the Design Issues map in the DCP Although there have been efforts to beautify the corridor through streetscape and landscape improvements it still falls short ofbeing a pedestrian or bike friendly environment The following issues were identified in the Design Objectives Plan Update and in the DCP s public outreach efforts Some Specific Issues Difficult pedestrian crossing 1 90 Lack ofbicycle commuter lanes Left turn at Durston virtually impossible Drainage issues at Durston Poor lighting Many curb cuts which disrupt sidewalks and encourage multiple turning movements that inhibit traffic flow Poorly defined walkways along the highway and within properties Incomplete bicycle route Discontinuity in sidewalks Lack of cross property access between Parcels Buildings set back from the street thereby failing to provide interest at the sidewalk Key intersections are poorly defined making for difficult pedestrian crossings School zone crossings are dangerous Public way finding signs are sparse and difficult to read Pedestrian crossings where people feel safe are few Poor maintenance and dusty Lack ofboulevard grass between the sidewalk and street Provide proper lighting stop lights for large truck traffic on inlets and outlets Improper tie ins with Main South 8th and Babcock MISSION VISION This Plan is the city s response to remedy the conditions ofblight found in the August 2005 report through thoughtful redevelopment ofthe Corridor The following Corridor Goals are taken from the DCP An expanded description ofthe intent of each goal is found in the DCP Chapter 2 Corridor Goals A basic goal is to have an active and exciting corridor that is attractive with a distinct character A strategy for achieving this goal is to improve the experience for the user by creating safe attractive walkways and streets and by providing buildings and landscaping that are of interest to users and passersby Several key strategies should be 974 followed 1 Provide a distinct identity for the corridor 2 Develop the corridor as a focus for commercial and entertainment activities that serve residents and visitors alike 3 Strengthen the corridor as a neighborhood service center 4 Provide mixed use development 5 Clearly define gateways at key locations along the corridor 6 Improve auto bicycle and pedestrian circulation along the corridor 7 Provide pedestrian connections to adjacent neighborhoods 8 Establish a wayfinding system 9 Guide new development along the corridor such that it improves the aesthetic experience 10 Coordinate public and private improvements 11 Strengthen connections between complementary uses 12 Provide flexible public space along the corridor GUIDING PRINCIPLES In addition to the specifically stated goals for the District the following Guiding Principles have been adopted to provide a basis for decision making over the life of the District These principles should be applied to any development program or other activity that will affect the District 1 Ensure the health safety and security of the District 2 Balance commerce and livability in the District within the mixed use framework 3 Public open space is essential to a healthy and appealing urban environment 4 The costs of projects and programs shall be weighed against their benefits to the District 1075 5 Private property shall not be acquired for other private use through the eminent domain process in the implementation of any aspect of this plan 6 The City shall not limit its vision for the District improvements to monies available solely through the TIF funding 7 Projects shall consider impacts on adjacent neighborhoods 8 The city shall consider the impact on the District of all projects undertaken outside of the District EXECUTING THE PLAN INTRODUCTION Once adopted this Plan becomes the official policy guide for public action regarding the North Seventh Avenue Urban Renewal District These policies can only be transformed into action through an effective implementation program The framework for implementation described herein depends on sound processes of administration financing and evaluation As the implementation ofthis Plan proceeds new opportunities will arise and unforeseen problems will emerge The Plan s administration must be sufficiently flexible to respond effectively 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 North Seventh Urban Renewal Board NSURB The NSURB is responsible for the implementation ofthis Plan pursuant to MCA S 7 15 4232 Specifically the NSURB will 1 develop plans which implement the vision for the District 2 review on an ongoing basis the operation 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 ofthe Plan Individuals appointed to the NSURB shall have a demonstrated interest in the District or adjacent neighborhoods Pursuant to MCA S 7 15 4234 the mayor by and with the advice and consent ofthe City Commission shall appoint the NSURB which shall consist of five voting members The initial voting membership shall consist ofone NSURB member appointed for 1 year one for 2 years one for 3 years and two for 4 years Each appointment thereafter shall be for 4 years 1 Each voting member shall hold office until hisher successor has been appointed and has qualified 2 A voting member shall receive no compensation for hisher service but shall be entitled to authorized necessary expenses including traveling expenses incurred in 1176 the discharge of his her duties 3 Any person may be appointed as voting members if they reside within the municipality The preferred composition of the NSURB 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 ofduty or misconduct in office 5 The appointment ofvoting members shall be ratified annually by the City Commission A majority ofthe voting members shall not hold any other public office under the municipality other than their membership or office with respect to the NSURB The powers and responsibilities ofthe NSURB shall be exercised by the members thereofaccording to adopted bylaws approved by the City Commission A majority of the members shall constitute a quorum for the purpose ofconducting business and exercising the powers and responsibilities of the NSURB and for all other purposes Action may be taken by the NSURB upon a vote ofa majority ofthe members three unless in any case the bylaws shall require a larger number In addition to the five voting members the NSURB shall be composed ofa non voting membership ofnot more than four individuals The initial membership shall consist of one member appointed for 1 year one for 2 years one for 3 years and one for 4 years Each appointment thereafter shall be for 4 years These individuals must possess demonstrated interest in the district specific expertise or other qualifications necessary to help implement the plan 1 Each non voting member shall hold office until hislher successor has been appointed and has qualified 2 A non voting member shall receive no compensation for hislher services but shall be entitled to authorized necessary expenses including traveling expenses incurred in the discharge ofhislher duties 3 A non voting member may be removed for inefficiency neglect ofduty 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 NSURB will be performed by city staff as available until other funding shall be available from alternate sources and permanent staff hired The NSURB 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 FY08 work program shall specify the staff arrangement The NSURB may exercise any ofthe powers specified in MCA 7 15 4233 However no entrance to any building or property in any urban renewal area in order to make surveys and appraisals in the manner specified in 7 15 4257 shall be made without 1277 the owner s permission ANNUAL WORK PROGRAM BUDGET AUDIT AND EVALUATION The NSURB shall prepare an annual work program AWP and budget that will list the activities and costs ofactivities for the coming fiscal year as well as the method offinancing those activities The NSURB shall provide public notice in the newspaper and by other appropriate means and conduct a public hearing prior to the submittal ofthe annual work program to the City Commission This program and budget may be amended during the course of the 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 The NSURB shall cause to be performed an annual audit conducted in conjunction with the city s audit covering the operations ofthe NSURB 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 ofthis Plan by the City Commission All such audits shall be maintained as a part ofthe public records ofthe City ofBozeman The NSURB shall also provide to the City Commission and the public an annual program evaluation Such evaluation shall review the North Seventh Avenue Urban Renewal District Plan and the past annual work program and other relevant NSURB 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 ofsaid 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 97 15 42151 All notices shall provide the information regarding the modification required by MCA 9 7 15 42151 Nothing herein shall limit ofaffect the authority ofthe Commission to undertake and carry out renewal activities on a yearly basis as provided by MCA 9 7 15 4220 1378 PROPERTY ACQUISITION The NSURB 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 ofthis Plan the NSURB is authorized to acquire property in the District in accordance with the appropriate federal state and local laws However the power ofeminent 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 NSURB in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment ofthe purposes ofthis Plan and to prevent the recurrence or spread in the area ofconditions causing blight To assure the purposes of the Plan are fully considered the City shall obtain and consider the advice ofthe NSURB regarding all development proposals public works projects or other matters occurring within or adjacent to the District or affecting any aspect ofthe Plan 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 ofthe streets the street layout and other public rights of way in the District 2 Institution and completion ofthe proceedings necessary for changes and improvements in publicly owned utilities within or affecting the District 3 Revision ofMaster 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 Performance ofthe above and all other functions and services relating to public health safety and physical development normally rendered in accordance with a schedule that will permit the redevelopment ofthe District to be commenced and carried to completion without unnecessary delays 5 Promotion ofthe availability through the City ofprograms and funds to help keep existing and new housing in or near the District affordable and habitable 6 The undertaking and completing ofany other proceedings necessary to carry out the provision ofthis Plan 1479 FINANCE The programs projects and administration of the Plan shall be financed from a variety ofsources 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 are reduced or replaced with some new form ofrevenue it is the intent ofthe Plan to use all available means to adjust the tax base or allow the capture of that portion ofthe new revenue form necessary to offset the reduced or lost increment The NSURB 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 of the NSURB Tax Increment financing shall be used to further the implementation ofthe goals set forth in this plan 1580 1681 Attachment A COMMISSION RESOLUTION NO 3839 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 ofthe North Seventh Avenue Corridor in Bozeman outlined in Attachment A wascompleted by city staff at the direction ofthe City Commission and WHEREAS the investigation determined that areas ofblight 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 ofknown deterioration inadequate provisions andor age obsolescence ofthe following public improvements within the study area storm drain streets and sidewalks instances ofage obsolescence of buildings within the study area inappropriate or mixed uses of land or buildings deterioration ofsite and improper subdivision or obsolete platting and WHEREAS 7 15 4210 MCA requires that a municipality adopt aresolution ofnecessity 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 North Bozeman outlined in Attachment A and that the rehabilitation redevelopment or a combination 1782 thereofofthe area is necessary in the interest ofthe public health safety morals or welfare of the residents ofBozeman BE IT FURTHER RESOLVED that the City shall not use its powers ofeminent 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 ofthe City ofBozeman Montana at a regular session thereof held on the 22nd day ofAugust 2005 ANDREW L CETRARO Mayor ATTEST ROBIN L SULLIVAN Clerk of the Commission APPROVED AS TO FORM PAUL J LUWE City Attorney Signed copy available in City Clerk s office 1883 Attachment B Legal Description ofthe North 7th Urban Renewal District Boundary Beginning at the point ofthe southeast comer ofLot 7 Block I ofthe Springbrook Addition thence westerly approximately 270 feet to the southwest comer of Lot 17 Block I of the Springbrook Addition thence westerly approximately 30 feet to the centerline ofNorth 8th Avenue thence northerly approximately 1 292 feet to the centerline ofWest Villard Street thence easterly approximately 30 feet to the southwest comer of Lot 8 ofthe Durston Subdivision thence northerly approximately 665 feet thence westerly approximately 4 feet thence northerly approximately 214 feet to the centerline ofWest Peach Street thence westerly approximately 65 feet to the southwest comer of Lot 18 Block 1 ofDurstons Second Subdivision thence northerly approximately 1980 feet to the southwest comer ofLot 3 Block 2 of the Vista Addition thence easterly approximately 150 feet to the southwest comer ofLot 2 Block 2 Vista Subdivision thence northerly approximately 645 feet to the northwest comer of Lot 14 Block I Vista Addition thence westerly approximately 1246 feet along the southern boundary ofthe Oak Street right of way to the northwest comer ofTract 1 ofC O S 2082 thence northerly approximately 1706 feet down the centerline of North 11 th Avenue to the south boundary ofthe Baxter Lane right of way thence northerly approximately 70 feet across the Baxter Lane right of way thence northerly approximately 170 feet across the MDOT right of way for Interstate 90 to the southwest comer ofLot 2 ofthe Wheat Commercial Subdivision thence northwesterly approximately 1000 feet along the southern boundary ofTract A ofC O S 391A to the westernmost point thence easterly approximately 800 feet to the northwest comer of Lot 1 of the Wheat Commercial Subdivision thence easterly approximately 789 feet to a point approximately 25 feet from the northeast comer of Lot 12 ofthe Wheat Commercial Subdivision thence northerly approximately 965 feet to the northwest comer ofLot 3 ofthe Gordon Mandeville School Section Subdivision thence easterly approximately 440 feet to the west boundary of the North 7th Avenue right of way boundary thence northerly approximately 1760 feet to a point where the west boundary ofthe North ih Avenue right of way intersects the Burlington Northern right of way thence southeasterly approximately 1 408 feet along the Burlington Northern right of way to the southeast comer ofLot 18A ofthe Amended Plat ofthe Gordon Mandeville State School Section Subdivision thence westerly approximately 200 feet to the northeast comerof Lot 17 ofthe Gordon Mandeville School Section Subdivision thence southerly approximately 481 feet to the southwest comer of Lot 20 ofthe Gordon Mandeville School Section Subdivision thence southwesterly approximately 107 feet to the southeast comer of Lot 16 of the Gordon Mandeville School Section Subdivision thence westerly approximately 260 feet to the northeast comer of Lot 15B ofMinor Subdivision 49 thence southerly approximately 686 feet to a point along the north boundary ofLot 20 ofthe Industrial Park Subdivision approximately 20 feet west of the northeast comer of said lot thence westerly approximately 340 feet to the northeast comer ofLot 22 of the Industrial Park Subdivision thence southerly approximately 698 feet to the southwest comer of Lot 14 ofthe Industrial Park 1984 85 86 87 88 89 90 91 92 93 94 95 96 97 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Ron Brey, Assistant City Manager Chris Kukulski, City Manager SUBJECT: North Seventh Avenue Urban Renewal Plan MEETING DATE: November 13, 2006 BACKGROUND: See attached Planning Board staff report and memorandum of conformity finding. RECOMMENDATION: Conduct public hearing on the urban renewal plan, If the plan is approved, act on the ordinance adopting the plan. FISCAL EFFECTS: Adoption of the plan will put into place an urban renewal plan for the North Seventh Corridor with a tax increment financing mechanism in place with 2006 established as the base year for the purposes of increment calculation. ALTERNATIVES: As suggested by the City Commission. 99 Respectfully submitted, _________________________________ ____________________________ Ron Brey, Assistant City Manager Chris A. Kukulski, City Manager Attachments: Planning Board memo; Urban Renewal Plan; Planning Board Staff Report; Ordinance adopting the plan Report compiled on :November 8, 2006 100 STAFF REPORT Item: Public Hearing on the Proposed North Seventh Avenue Corridor Urban Renewal District Plan Date/ Time: Tuesday, November 7, 2006, at 7:00 p.m. in the Commission Meeting Room, City Hall, 411 East Main, Bozeman, MT. Report By: Ron Brey, Assistant City Manager Recommendation: Forward to City Commission a finding that the Plan is in accord with the 20/20 Growth Policy. Background: In July of 2002, the Big Box Task Force appointed by the City Commission, provided the Commission with a recommendation for the use of economic development fees collected from big box retail developments. The recommendation described two uses for the funds summarized as follows: -50% will go to the City of Bozeman Community Affordable Housing Board to be directed toward programs and projects that assist with first time ownership. -50% will go to fund infrastructure improvements on aging, substandard or missing infrastructure in the already developed areas of the community that are designated as Community Commercial in the Bozeman 2020 Community Plan. In February of 2005, the Bozeman City Commission adopted goals that among other things directed city staff, pursuant to the provisions of the State of Montana Urban Renewal Law, to investigate conditions along North Seventh Avenue in the City of Bozeman and report to the City Commission on the need for, desirability of, and feasibility of creating an urban renewal program in Bozeman. The initial task in response to this direction was to determine a prospective study area and examine conditions in the area relative to the statutory definition of “blighted area” identified in Figure 1 of the Urban Renewal Plan. In June of 2005, the Commission authorized the use of big box funds for a Design and Connectivity Plan for North Seventh Avenue that you have in final form tonight. At the time the Plan was funded, it was also intended that the document provide the design framework for further improvements in conjunction with an anticipated TIF district for N. 7th and for the development of CTEP projects along the corridor. 101 In August of 2005, the Commission approved Resolution #3839 (Attachment “A” in the Urban Renewal Plan) finding that blighted conditions existed in the area and directing that an urban renewal plan be prepared to address the redevelopment and rehabilitation of the area. In September of 2005, the Commission appointed a North Seventh Corridor Urban Renewal Planning Committee and this Committee and other interested parties have served as a planning committee and as workshop participants for both the Design and Connectivity Plan and for the creation of this Urban Renewal Plan. A Consultant Selection RFP process was followed and Winter and Company from Boulder, Colorado were selected by an appointed selection committee to conduct the Design and Connectivity study. The City and Winter entered into a contract in early 2006 and the planning process commenced. A public workshop was held on February 15, 2006 and another more focused workshop conducted on May 25, 2006. Advertising in the Chronicle notified the public prior to each workshop and several hundred notices were distributed door to door within the district. The Consultant presented the Draft Design and Connectivity Plan on August 1, 2006 to the public, the DRB, and at a joint meeting of the Zoning Commission, Planning Board, and City Commission where the document was enthusiastically received. The key unresolved issues at that time pertained primarily to bicycle accommodation on North Seventh Avenue specifically rather than through adjacent thoroughfares, the limited pedestrian and bicycle access across I-90, and the appropriate way to consider the implementation of round- a-bouts at key intersections. The Design and Connectivity Plan was presented to the Planning Board on October 17, 2006 where it was endorsed with suggested changes to the bike lane transitions from the lanes to the paths at the north end of the district. The Design and Connectivity Plan with revisions addressing the Planning Board’s concerns was adopted by the City Commission on October 23, 2006. After the draft Design and Connectivity Plan was substantially endorsed in August, the Urban Renewal Planning Committee convened to finish the work of preparing an Urban Renewal Plan for the corridor which adopts the Design and Connectivity Plan by reference as its Design framework. The Urban Renewal Plan is before you this evening for the purpose of allowing the Board to determine whether the Plan is in accord with the adopted 20/20 Growth Policy for the Municipality pursuant to 7-15-4213 MCA. “7-15-4213 Review of urban renewal plan by planning commission. (1) Prior to its approval of an urban renewal project, the local governing body shall submit the urban renewal project plan to the planning commission of the municipality for review and recommendations as to its conformity with the growth policy or parts of the growth policy for the development of the 102 municipality as a whole if a growth policy has been adopted pursuant to Title 76, chapter 1. (2) The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the local governing body within 60 days after receipt of the plan.” While the Planning Board’s charge is limited to review and recommendations concerning the Plan’s conformity with the 20/20 Growth Policy, the staff assumes the City Commission would welcome any other advice the Board wishes to provide. Growth Policy Conformance: While the proposals in the Plan do not specifically address all the goals of the growth policy, they can be seen to directly address and further the following goals: 4.9.1 Community Design–Create a community composed of neighborhoods designed for human scale and compatibility in which services and amenities are convenient, visually pleasing, and properly integrated and designed to encourage walking, cycling, and mass transit use. 4.9.4 Public Landscaping and Architecture–Enhance the urban appearance and environment through the use of architectural excellence, landscaping, trees and open space. 4.9.7 Arts and Culture– Support public and private arts and cultural opportunities in the community for all persons. 6.6.1 Create a sense of place that varies throughout the City, efficiently provide public and private basic services and facilities in close proximity to where people live and work, and minimize sprawl. 6.6.2 Centers–Designate centers for commercial development rather than corridors to encourage cohesive neighborhood development in conjunction with non-motorized transportation options. 6.6.3 City Core–Strengthen the Historic Core of Bozeman to preserve the community character, economic resource, and historical connection represented by this area. 7.6.1 Promote and encourage the continued development of Bozeman as a vital economic center. 7.6.2 Support balanced policies and programs to encourage a vigorous and diverse economy. 8.14.1 Protect the health, safety, and welfare of Bozeman area residents, and protect private and public property. 103 8.14.4 Maintain a natural and attractive aesthetic character for the Bozeman Area. Parks & Recreation–Provide for accessible, desirable, and maintained public parks, active and passive open spaces, trails systems, and recreational facilities for residents of the community. 10.8.2 Ensure that a variety of travel options exist which allow safe, logical, and balanced transportation choices. 10.8.3 Encourage transportation options that reduce resource consumption, increase social interaction, support safe neighborhoods, and increase the ability of the existing transportation facilities to accommodate a growing city. 10.8.4 Pathways–Establish and maintain an integrated system of transportation and recreational pathways, including bicycle and pedestrian trails, neighborhood parks, green belts and open space. 11.15.1 Facilities and Services–All public facilities and services provided under the authority of the City of Bozeman shall be provided in an efficient, cost-effective, and environmentally sound manner. The following statement is taken from the Design and Connectivity Plan and describes the close connection between this planning effort and the adopted Design Objectives Plan Update done in accord with the 2020 Growth Policy: The design objectives for the corridor were defined through a public process during the development of the City's 2005 Design Objectives Plan Update (the update to the 1992 Design Objectives Plan), which outlines a general character for the area. The objectives in that plan are organized in the following three categories: Neighborhood Level Objectives • Maintain views of the mountains to the east and south. • Expand a landscape median to soften the hardscape. • Promote installation of street trees. • Establish small pockets of public and private open space. • Minimize visual clutter along the corridor. • Accommodate pedestrians and bicyclists. • As this is a primary entryway for first-time visitors, provide signage that indicates areas of interest such as the University, the Museum of the Rockies and Downtown. Site Level Objectives • Encourage the rehabilitation and redevelopment of parcels that are underutilized or do not meet current standards. • Establish a stronger relationship between buildings and the street by providing pedestrian connections and orienting buildings to the street. 104 • Incorporate pedestrian amenities and landscaping in existing developments as well as in new ones. • Incorporate public art in small pocket parks and plazas. Building Level Objectives • Promote designs that add interest as seen from the road while establishing a sense of relatedness to the region overall. • Encourage buildings of two or more stories to increase density. The staff is aware of no direct deviations or contradictions to the adopted growth policy proposed by this Urban Renewal Plan, however, the street sections advocated for North Seventh Avenue in the Design and Connectivity Plan do not conform to existing arterial street standards. The narrative for those sections acknowledges this fact and advocates a negotiated resolution with the Montana Department of Transportation and City staff. These new street standards address the stated desire to alter the character of the corridor from a commercial strip oriented around a traffic thoroughfare to an area that has an identifiable character and is a destination in its own right while still functioning as an arterial corridor. The City is about to embark on an update of the Transportation Plan and this Plan anticipates the matter will be addressed through that planning process. This plan should be regarded as advocating the street sections proposed within. Program Administration As with the Urban Renewal Plan for downtown Bozeman and the Plan for Northeast Bozeman, this Plan proposes to use the neighborhood development program to implement urban renewal activities found in 7-15-4220, MCA. The description of this approach is found on page 11 of the Plan. The Guiding Principles, Goals and Implementation Actions identified in the Plan will annually serve as the basis for the development of the work program. This approach is preferred to the alternative of trying to forecast the actions of the district over a 15 year timeframe. The approach has served the downtown Bozeman District and Urban Renewal Districts in other Montana communities quite well as it allows them to adjust to changing circumstances within the district while remaining committed to the redevelopment objectives identified at the creation of the district. The issue of eminent domain to acquire private property for private use has been prominent in community discussions recently. The Plan specifically prohibits the use of eminent domain for the purposes of transferring a property from one private concern to another. It also rejects the use of eminent domain for the acquisition of park land. The Plan further provides for amendment only by the same means as original adoption which requires the direct notification of property owners within the district, a subsequent review for conformity with the growth policy by the Planning Board, and a hearing by the City Commission which provides for the strongest possible prohibition of eminent domain for those purposes. Another area of concern addressed in the Plan pertains to the statutory authority granted the urban renewal agency. The committee did not favor granting the agency all the authority outlined in statute and addressed the matter as follows: 105 The NSURB may exercise any of the powers specified in MCA § 7-15-4233. However, no entrance to any building or property in any urban renewal area in order to make surveys and appraisals in the manner specified in 7-15-4257 shall be made without the owner’s permission The Plan provides for an urban renewal agency with eligible membership to include any resident within the municipality. The preferred composition of the NSURB would include two residents of the District, two business owners in the District, and one member at large. In addition to the five voting members, the agency shall be composed of a non-voting membership of not more than four individuals. These individuals must possess expertise or other qualifications necessary to help implement the Plan. Finally the Plan contains provisions for the implementation of Tax Increment Financing within the district which is an implementation action specifically called out in the Economic Development portion of the Growth Policy. The Plan specifies that use of Tax Increment funding must further the implementation of the goals set forth within. Timeframe: While the Planning Board is allowed 60 days under statute to forward its findings to the City Commission, they are urged to finalize their comments this evening for immediate presentation to the Commission. Because of the desire to incorporate concepts from a recent Creating Livable Communities presentation into the Design and Connectivity Plan and because of the very favorable response to the August presentation of the draft, the presentation of the final Design and Connectivity Plan was delayed until we could incorporate those desired adjustments. This leaves us with a confined schedule for adoption of the Urban Renewal Plan. If the City Commission can adopt this plan effective prior to the end of calendar year 2006, the taxable value of any 2007 projects will accrue to the tax increment district. Given the lack of apparent conflicts with the growth policy, staff believes it to be in the community’s interest to forward a favorable finding to the Commission immediately, allowing this increment capture to occur. Findings: City administrative staff finds the North Seventh Avenue Urban Renewal District Plan to be in conformance with the adopted 20/20 Growth Policy and urges the Planning Board to immediately forward that finding to the City Commission for their consideration at their November 13, 2006 meeting. 106