HomeMy WebLinkAboutBylaws of the North Seventh Urban Renewal BoardCommission Memorandum
REPORT TO: Honorable Mayor & City Commission
FROM: North Seventh Urban Renewal Board (NSURB)
Keri Thorpe, Staff Liaison
SUBJECT: Bylaws for the North Seventh Urban Renewal Board
MEETING DATE: Monday, June 22nd, 2009
BACKGROUND: Ordinance No. 1685 adopted the Urban Renewal Plan for the North Seventh
Avenue Corridor and Adjacent properties. According to the adopted Plan, “The powers and
responsibilities of the NSURB shall be exercised by the members thereof according to adopted bylaws
approved by the City Commission.”
The City Attorney’s Office reviewed these bylaws and met with NSURB during their June 4, 2009
meeting. As directed by the City Attorney’s Office, the NSURB now submits these bylaws to you for
review and approval.
See the proposed Bylaws attached. Ordinance No. 1685 is attached for your reference.
RECOMMENDATION: Approve the Bylaws of the North Seventh Urban Renewal Board as proposed
FISCAL EFFECTS: None
ALTERNATIVES: As suggested by the City Commission.
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BYLAWS
North Seventh Urban Renewal Board
ARTICLE I – AUTHORITY
The North Seventh Urban Renewal Board was created on November 27, 2006 by Ordinance Number
1685 of the City of Bozeman, in accordance with the provisions of the Urban Renewal Law, Title 7,
Chapter 15, Parts 42 and 43, M.C.A. (the Act).
ARTICLE II – OBJECTIVE
The objectives of the North Seventh Urban Renewal Board are to implement this Plan as the Urban
Renewal Agency hereafter referred to as the North Seventh Urban Renewal Board (NSURB). The
NSURB is responsible for the implementation of this Plan pursuant to MCA§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 of the Plan;
and 3) advocate and coordinate the complete and full implementation of the Plan of redevelopment within
the boundaries of the North Seventh Urban Renewal District; and to further the community goals and
objectives identified in the North Seventh Urban Renewal Plan created on November 27, 2006 with
Ordinance 1685, including the administering of the North Seventh Urban Renewal District and Tax
Increment Financing (TIF).
ARTICLE III – DEFINITIONS
As used in these bylaws:
“Board” means the North Seventh Urban Renewal Board.
“City Commission” means the elected legislative body for the City of Bozeman, Montana.
“Mayor” means the chief executive of the City of Bozeman, Montana.
“Blighted Area” refers to that area described in Resolution 3839 according to Section 7-15-4206
(2) M.C.A., and any other similar areas, so described, in subsequent urban renewal plans adopted
by the City Commission.
“Redevelopment” may include (a) acquisition of a blighted area or portion thereof; (b) demolition
and removal of buildings and improvements; (c) installation, construction, or reconstruction of
streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in
Bozeman the urban renewal provisions of the Act in accordance with the North Seventh urban
renewal plan; and (d) making the land available for development or redevelopment by private
enterprise or the North Seventh Urban Renewal Board (including sale, initial leasing, or retention
by Bozeman itself) at its fair value for uses in accordance with the North Seventh Urban Renewal
Plans.
“Rehabilitation” may include the restoration and renewal of a blighted area or portion thereof, in
accordance with the North Seventh Urban Renewal Plan by (a) carrying out plans for a program
of voluntary or compulsory repair and rehabilitation of buildings or other improvements; (b)
acquisition of real property and demolition of buildings or other improvements thereon where
necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen density, reduce traffic
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hazards, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove
or prevent the spread of blight or deterioration, or to provide land for needed public facilities; (c)
installation, construction or reconstruction of streets, utilities, parks, playgrounds and other
improvements necessary for carrying out in Bozeman the North Seventh Urban Renewal Boards’
provisions of this act; and (d) the disposition of any property acquired in such urban renewal area
(including sale, initial leasing or retention by the City of Bozeman itself) at its fair value for uses
in accordance with such urban renewal plans.
“Urban Renewal Area” means a blighted area which the City Commission designates as
appropriate for an urban renewal project or projects.
“Urban Renewal Plans” means Urban Renewal Plans adopted from time to time by the Bozeman
City Commission in accordance with the Montana Urban Renewal Law (Title 7 – Chapter 15,
Parts 42 & 43 M.C.A.)
“Urban renewal project” means undertakings or activities of the City of Bozeman in the Bozeman
urban renewal areas for the elimination and for the prevention of the development or spread of
blight, and may involve redevelopment in the North Seventh Urban Renewal Area; or
rehabilitation or conservation in the North Seventh Urban Renewal Areas, or any combination or
part thereof in accordance with the North Seventh Urban Renewal Plans.
“Neighborhood development program” means the yearly activities or undertakings of Bozeman in
an urban renewal area if Bozeman shall elect to undertake activities on an annual increment basis.
ARTICLE IV – POWERS AND DUTIES
The Board is authorized to exercise the following urban renewal project powers:
A. Formulate and coordinate a workable urban renewal program as specified in Section 7-15-4209
M.C.A.;
B. Prepare urban renewal plans;
C. Prepare recommended modifications to an urban renewal project plan;
D. Undertake and carry out urban renewal projects as required by the local governing body;
E. Make and execute contracts as specified in Sections 7-15-4251, 7-15-4254, 7-15-4255 and 7-15-4281
M.C.A., with the exception of contracts for the purchase or sale of real or personal property;
F. Disseminate blight clearance and urban renewal information;
G. Exercise the powers prescribed by Section 7-15-4255 M.C.A., except the power to agree to conditions
for federal financial assistance and imposed pursuant to federal law relating to salaries and wages
shall be reserved to the local governing body;
H. Enter any building or property, in the urban renewal areas, in order to make surveys and appraisals in
the manner specified in Section 7-15-4257 M.C.A, and only when permission from the property
owner has been granted;
I. Improve, clear or prepare for redevelopment any real or personal property in an urban renewal area;
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J. Insure real or personal property as provided in Section 7-15-4258 M.C.A.;
K. Effectuate the plans provided in Section 7-15-4254 M.C.A.;
L. Prepare plans for the relocation of families displaced from an urban renewal area and to coordinate
public and private agencies in such relocation;
M. Prepare plans for carrying out a program of voluntary or compulsory repair and rehabilitation of
building and improvements;
N. Conduct appraisals, title searches, surveys, studies and other preliminary plans and work necessary to
prepare for the undertaking of urban renewal projects;
O. Negotiate for the acquisition of land;
P. Study the closing, vacating, planning or replanning of streets, roads sidewalks, right-of-way or other
places and to make recommendations with respect thereto;
Q. Organize, coordinate and direct the administration of the provisions of this act;
R. Perform such duties as the local governing body may direct so as to make the necessary arrangements
for the exercise of the powers and performance of the duties and responsibilities entrusted to the local
governing body;
S. The Board shall prepare an annual work program, budget and evaluation of its activities and costs in
accordance with the adopted North Seventh Urban Renewal Plan and appropriate City Ordinances;
and
T. The Board may from time to time employ such personnel as it deems necessary to exercise its
powers, duties and functions as prescribed by the urban renewal law, as amended, of Montana and all
other laws of the State of Montana applicable thereto. The selection and compensation of such
personnel shall be determined according to the laws of the State of Montana, and in accordance with
the City of Bozeman’s Job Classification and Salary Plan and Personnel Policy Manual.
ARTICLE V – MEMBERSHIP
The City Commission of Bozeman, Montana, shall appoint a Board which shall consist of nine members,
five of which will be voting members who reside with the city limits of Bozeman and four members
without the limitation of home address. Individuals appointed to the NSURB shall have a demonstrated
interest in the District or adjacent neighborhoods Pursuant to MCA§7-15-4234 the mayor by and with the
advice and consent of the City Commission shall appoint the NSURB which shall consist of five voting
members. The initial voting membership shall consist of one 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 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.
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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 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 office under the municipality other than
their membership or office with respect to the NSURB.
The powers and responsibilities of the NSURB shall be exercised by the members thereof according to
adopted bylaws approved by the City Commission A majority of the voting members shall constitute a
quorum for the purpose of conducting 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 of a majority of the
voting 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 of a non-voting membership of not
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 his/her successor has been appointed and has
qualified.
2) A non-voting member shall receive no compensation for his/her services but shall be entitled 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.
Members shall receive no compensation but are entitled to reimbursement the necessary expenses,
including travel expenses, incurred in the discharge of their duties.
A. Resignation and Vacancies
1. Written resignations shall be addressed to the chair of the Board, who shall notify the City
Commission via the City Clerk.
2. The City Commission shall fill any vacancy for the unexpired portion of the term within 60 days
after it has occurred.
3. Each board member shall hold office until a successor has been appointed and has qualified.
B. Absence from Meetings and Removal from Office
1. Each board member shall inform the chair of the Board in advance of inability to attend a Board
meeting. The chair may, at his/her discretion, excuse any member from attending any meeting.
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2. Absence from three consecutive regular meetings without excuse or a total of four during a fiscal
year is grounds for removal. The chair shall notify the City Commission and request that they
determine the member’s ability to serve and take appropriate action.
3. Any member may be removed for other causes justifying removal from office by a majority vote
of the City Commission.
ARTICLE VI – OFFICERS AND DUTIES
A. Election
At its first regular meeting each fiscal year, the Board shall elect a chair, vice chair and recorder from
among its members.
B. Duties
1. The chair shall preside at all meetings and hearings, call special meetings and perform the duties
normally conferred by parliamentary usage on such officer and such other duties as may be
prescribed by law or the NSURB bylaws.
2. The chair may enter into the discussion of matters before the Board.
3. The chair shall vote on all issues before the Board.
4. When the chair is absent, disabled or disqualified, the vice chair has the authority to act as chair.
5. In the temporary absence of both the chair and vice chair, the chair may designate a Board
member as acting chair.
ARTICLE VII – MEETINGS
A. Regular Meetings
1. The Board shall meet at least once each month.
2. Any Board meeting shall constitute legally called meetings of the Board.
3. Public notice of the time, place and business to be conducted at the meeting shall be made at least
48 hours prior to the date of the meeting.
B. Special Meetings
The chair of the Board may, when the chair deems it expedient, and shall, upon the written request of
two members of the Board, call a special meeting of the Board for the purpose of transacting any
business designated in the call. Public notice will be posted in City Hall and least 48 hours prior to the
special meeting. At such special meeting, no business shall be considered other than as designated in
the call, but if all of the members of the Board are present at a special meeting, any and all business
may be transacted at such special meeting.
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C. Subcommittee Meetings
The Board may designate certain tasks to subcommittees. The subcommittee will consist of an odd
number of members. The Board may direct the subcommittee to make decisions on their behalf.
Subcommittee meetings may be held without public noticing. Subcommittee meetings must be held in
a City meeting room. Subcommittee meeting minutes will be read and made part of the regular
meeting minutes at the next regular meeting.
D. Quorum
1. Three voting members constitute a quorum.
2. All action of the Board shall be authorized by an affirmative vote of a majority of members at a
legally constituted regular or special meeting.
3. Board members shall not pass or abstain on a vote.
4. A board member may designate another voting member as a proxy to vote on his/her behalf.
Designation of the proxy shall be done in writing, signed and dated by the member requesting the
proxy, and made part of the recorded minutes of the meeting for which the proxy served. The
proxy shall be approved by the Board Chair. At no time will a proxy be designated for more than
one voting member.
E. Parliamentary Authority
Robert’s Rules of Order shall apply in all parliamentary matters unless these bylaws otherwise
provide.
F. Conduct of Meetings
1. Order of Business
a. Unless otherwise noted, the order of business at regular meetings shall be:
1. Call to Order
2. Introductions
3. Approval of Minutes
4. Public Comments and Announcements
5. Committee Reports
6. Old business
7. New Business
8. Staff Reports
9. Other Items
10. Adjournment
b. The Board may vote to dispense with any item on the agenda, except Public Comments and
Announcements, or to change the order of business.
c. The Board must allow public comment on any public matter that is not on the agenda of the
meeting and that is within the jurisdiction of the Board.
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2. New Business
a. The Board may not take action on any matter discussed unless specific notice of that matter is
included on the agenda and public comment has been allowed on that matter.
b. New business may be introduced for the purpose either of Board action at a future meeting or
referral to a committee or the staff for study or consideration.
G. Public Comment
The Board may set a reasonable time limit for the receipt and duration of public testimony during
meetings, special meetings and public hearings.
H. Conflict of Interest
1. A conflict of interest exists when a member of the Board:
a. Has a financial interest in a matter under consideration by the Board or one of its committees;
or
b. Represents a party having such an interest; or
c. Upon explanation to and consent of the other members present, recuses himself or herself due
to a belief that he or she cannot render an objective decision in a particular matter.
2. Before consideration of the matter, the member shall announce that he or she is disqualified. The
disqualification shall be entered in the minutes of the meeting.
3. Thereafter, the member shall be excused from the meeting during consideration of the matter and
shall not participate in consideration or voting thereon. The member may participate as a part of
the public in attendance.
I. Public Hearings
The Board may, from time to time, conduct public hearings on certain subjects. Public notice of such
hearings shall be at least 10 days before the date of the hearing.
1. Hearings are limited to the contents of the subject advertised.
2. Subject to requirements herein, the chair shall preside at all hearings.
3. The chair shall:
a. State a summary of the question of issue at the opening of the hearing, limiting its contents to
the subject advertised for the hearing.
b. Specify the method of conduct of hearing.
c. Assure an orderly hearing, having the power to terminate the hearing if, in his/her opinion,
persons become unruly.
d. Announce that all questions and comments shall be directed through the chair only after the
speaker has been properly recognized.
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e. If the subject of the hearing is a proposed redevelopment project, announce that the owner or
his/her representative must be present and that absence is a ground for disapproval.
f. Direct each speaker recognized to give name and address, and if appropriate, the name of the
person, firm, or organization which the speaker represents.
g. Direct that copies of prepared statements be given to the recorder and the presiding officer to
become a part of the record.
h. Close the hearing to the receipt of public testimony when all who wish to speak have spoken,
or if the time limit set by the Board has expired.
i. Call first for statements from proponents, then give opponents equal opportunity for
comment.
j. Declare the hearing to be closed or state the time, place and date upon which the hearing will
be continued, after the Board members, being properly recognized at the conclusion of public
testimony, have completed questioning of any person presenting testimony.
4. Minutes or record of the proceedings shall be taken at each hearing and incorporated into the
permanent records of the Board.
ARTICLE VIII – AMENDMENTS
A. Procedure
Any amendment to these bylaws shall be proposed in writing by any board member at a regular
meeting.
B. Approval
1. Approval of the proposed amendment requires an affirmative vote of a majority of the Board on
second reading at any meeting properly called subsequent to the proposal.
2. No such amendment shall be effective until approved by the City Commission.
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City Clerk
P O Box 1230
Bozeman MT 59771 1230
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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
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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
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North Seventh Avenue Urban Renewal District
Plan
October 2006
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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