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HomeMy WebLinkAboutNortheast Urban Renewal Board Annual Work Plan and Budget.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Erik Nelson, Board Chair Keri Thorpe, Assistant Planner Chris Saunders, Interim Planning Director Chris Kukulski, City Manager SUBJECT: Annual Work Plan and Budget for the Northeast Urban Renewal Board (NURB) MEETING DATE: July 19, 2010 AGENDA ITEM TYPE: Action Item RECOMMENDATION: Consider a motion to approve the Annual Work Plan and Fiscal Year 2011 Budget for the Northeast Urban Renewal Board. BACKGROUND: The Northeast Urban Renewal Board proposes a Work Plan and Budget on an annual basis. See attached NURB Budget FY11 and supporting documents for Fiscal Year 2011. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: Fiscal effects are described in the proposed budget Attachments: NURB Annual Budget 2011 Ordinance No. 1655- Northeast Urban Renewal District Plan Report compiled on: July 14, 2010 172 1 NORTHEAST URBAN RENEWAL BOARD BUDGET FY 2011 PROPOSAL TO THE BOZEMAN CITY COMMISSION The Bozeman City Commission with Mayor Jeff Kraus presiding adopted ordinance 1655 which formally enacted the Northeast Urban Renewal Plan. The stated mission of the plan and general goals are as follows: MISSION VISION: This Plan is the city s response to remedy the conditions of blight found in the August 2005 report The Plan also addresses other issues important to the District The plans purpose is to ensure the vitality of the Northeast Urban Renewal District (NURD) the vitality of the NURD for generations to come and to make the NURD an area in which its citizens can take exceptional pride The Plan envisions a mixed use neighborhood that is user friendly safe secure and healthy. While this plan envisions a District with diversity of housing businesses and amenities it intends to maintain the unique ambiance and historic character of the District. Nine principals were developed for the plan for the plan. Each of the principals has one or more goals associated with the plan some of which specifically relate to this work plan others represent general objectives and directives. The Northeast Urban Renewal Board (NURB) goals are as follows: GENERAL GOALS: § Outdated or insufficient infrastructure should be repaired, replaced, or otherwise improved. § Provide public utilities to the area efficiently in ways that are not visually or physically obtrusive. § Encourage a land use pattern that facilitates all modes of transportation – vehicular, bicycle, pedestrian, mass transit, and commercial – for safe, efficient and convenient access for residential, commercial, and industrial uses. § Harmonize commercial and industrial development with residential quality of life. § New structures should be designed and built keeping in mind the public values of durability, flexibility, and simplicity. Thoughtful consideration of design, materials, and massing in the construction of new private buildings will add strength and character to the built environment. To the degree that the private sector can be influenced by a public partner in development, the community ought to strongly encourage excellence in urban design as a basis of partnership. § Promote sustainable building practices and design within the district § Procure new land for park and open space § Improve landscaping in existing public spaces § Neither the City of Bozeman nor any of its subdivisions shall use eminent domain to 173 July 14, 2010 2 take private property for private use in the implementation of an urban renewal project or similar redevelopment plan. § Encourage the City to help ensure the success of the Northeast Urban Renewal Plan by giving a high priority to the Northeast District in its capital improvements plan. § Work with neighborhoods and businesses to ensure actions taken in the district are compatible with adjacent developed areas. § Work with the City to ensure actions taken outside of the District are compatible with projects inside of the District FY 2010 FY 2011 REVENUES Starting Balance $ 73,253 $121,179 FY10 TIF $ 62,440 FY2011 TIF (anticipated) $ 62,440 Donation TD& H – Depot Park $ 2,000 Parks improvement Grant (50/50 matching grant) $ 20,000 HB 645/American Recovery and Reinvestment Act $ 18,600 Interest $ 2,492 $ 2,500 Total Funding $178,785 $186,119 FY 10 EXPENDITURES Depot Park Engineering Services $ 7,000 Depot Park Phase I $ 24,079 Depot Park Phase II $ 3,010 Climbing Boulder $ 18,600 Depot Park Construction $ 45,689 $ 45,689 Neighborhood Development Plan $ 3,137 Administrative Services $ 1,780 $ 57,606 FY 11 PROPOSED EXPENDITURES Priority 1 – Parks, Trails and Greenspace $ 54,100 Priority 2 – Infrastructure $ 93,000 Priority 3 – Neighborhood Planning $ 17,000 Priority 4 – Redevelopment Incentive Program $ 15,000 Staff Time $ 5,000 Administrative Services $ 2,019 Overall Budget Total $186,119 Over the last year the Northeast Urban Renewal Board began implementing plans and projects reflecting their three funding priorities: 1) Parks, Trails and Greenspace; 2) Infrastructure and 3) Neighborhood Development Plan. In 2010, the Board identified the creation of re-development incentive program as a new priority. The redevelopment incentive program is related to priorities 2 and 3 in that the Board hopes to see some improvements to infrastructure by incentivizing redevelopment of properties within the District and also fund projects that embrace their vision and the adopted plan for the District. 174 3 I. PARKS, TRAILS AND GREENSPACE Depot Park $ 22,800 In FY2010, The Board began implementing the previously approved plan for the Depot Park located on Front Street near the old, abandoned passenger depot. The Board had allocated $46,125 for Phase I and part of Phase II for Depot Park improvements in their FY2010 budget. Of that budgeted amount, $20,000 came from a Park Improvement Grant (PIG) for Phase I improvements. An additional $18,600 of the HB 645 funding was allocated for construction of a climbing boulder within Phase II. To date, $45,689 has been paid for the Depot Park improvements, plus $5,000 in engineering services ($7,000 less the $2,000 donation from TD& H engineering). All $20,000 in PIG funds have been expended. All $18,600 of the HB 645 funds have been expended. The total construction and landscaping costs are $68,332. This is about $3,600 higher than originally estimated and includes the installation of a dry well to control drainage around the perimeter of the park and a recent change order for the installation of sod, in lieu of seeding. $22,800 is the anticipated remaining cost for the Depot Park which will be paid by the TIF funds. Depot Trail Area $ 3,000 The original trail, landscaping and bench installation were completed in 2002. An irrigation system was never installed. To ensure survival of the trees and shrubs until they become established, water is provided from an adjacent property. The Board wishes to assist with funding the temporary irrigation of the trees and shrubs. The area is inundated with Canada thistle and Common tansy, so weed control must also be implemented. MRL recently communicated to the Board that they will not lease any of the MRL property for public use. As such, the funding for a fence along the railroad track in FY 2010 has been removed. The proposed funding includes continuing the operation of the temporary irrigation system, weed control and general maintenance. Aspen Street Right-of-Way Open Space Improvements $ 9,000 The Board has identified a section of the Aspen Street right-of-way between N. Ida and N. Wallace as a potential open space location. The location’s close proximity to the Depot Park provides a nice amenity for residents in the District. In FY 2010, the Board plans to investigate the feasibility of enhancing this portion of the public right-of-way for the use of the residents. Ideas include the creation of a community garden, trail connections, or general greenway enhancements. The intention here is to preserve the right-of-way for construction of a street if redevelopment of an adjacent parcel requires it; in the interim, the Board wishes to provide a use that will enhance the neighborhood. North Church Avenue Trail Improvements (Aspen to Tamarack) $ 4,300 Board members identified a section of trail in need of widening and signage within the N. Church Avenue right-of-way between Aspen and Tamarack Streets. The existing trail extends from Aspen to Tamarack Streets with a bridge crossing over Bozeman Creek. The Board plans to contact GVLT and the City Parks Department to gather information on the trail's history, possible improvement of the deficient trail section and the addition of signage. The Board is hopeful that 175 July 14, 2010 4 coupling these trail improvements with sidewalk improvements on Tamarack Street will greatly improve pedestrian connectivity in the District. Aspen Street Pedestrian Bridge $ 15,000 Board members identified the need for a pedestrian bridge at the terminus of E. Aspen Street and the N. Church Avenue trail east of N. Rouse Avenue. E. Aspen Street comes to an end at Bozeman Creek. The use along this section of E. Aspen Street is largely residential with a retail store (butcher shop) at the southeast corner of N. Rouse Avenue and E. Aspen Street. The Board feels the District’s pedestrian connectivity could be improved with the construction of a pedestrian bridge to the N. Church Avenue Trail. City Engineering staff is working with the NURB and Planning Staff obtain estimates for the engineering services and construction costs. The budgeted amount is for engineering and design services. It’s unlikely the budgeted amount will cover the full cost of the bridge. Priority 1 Total $ 54,100 Priority 1 Rationale: The park, trail and green space improvements meet Guiding Principle 4 and Goals A & B under Principle 4 of the adopted Northeast Urban Renewal District Plan: · Guiding Principle, “Public open space is essential to a healthy and appealing urban environment” · Goal A, “Procure new land for parks and public open space” · Goal B, “Improve landscaping in existing public spaces.”- to include enhancing boulevards and public rights-of-way by planting and maintaining trees where appropriate and controlling weeds The spending of TIF funds on park and open space improvements is allowed under 7-15-4255, Authority to provide or contract for services related to urban renewal, of the Montana Code Annotated. Specifically, item (1b) states that “Every municipality shall have power to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements” II. INFRASTRUCTURE Poor pedestrian connectivity within the District is well documented. Lack of street improvements including missing curb, gutter, pavement and sidewalks creates an unwelcoming and potentially unsafe environment for pedestrians and bicyclists. A lack of storm water drainage facilities leads to the ponding of water in public right-of-ways encouraging pedestrians to walk in the street emphasizing the need for street improvements. The District has a historic mix of light manufacturing and residential uses creating a more urban environment on the streets, especially during business hours. Modest improvements to pedestrian facilities to create safer more welcoming routes for pedestrians will reduce conflict between users. The lack of street delineation/improvements and storm water facilities has caused an unknown number of individuals to use some sections of the District as dumping grounds for unwanted appliances and furniture. Street improvements coupled with improvements to trails and parks and the landscaping of public spaces will improve conditions for pedestrians and bicyclists and reduce, if 176 5 not eliminate, dumping in the public right-of-way. Making improvements to sidewalks on unimproved streets comes with some difficulty especially if elevation differences are present across the width of the right-of-way and if a need to improve storm water drainage is warranted as well. What seems like a rather simple project turns into a large scale street improvement project. Without additional information, moving forward on these improvements is difficult, so survey and design is the next step. Regarding design, the Board recognizes that creative solutions are needed to enhance the public right-of-way for two very different user types in the District. In support of improvements to these streets, the Board has allocated a portion of the FY11 budget to the following deficient street sections in the District: Tamarack Street – Rouse Avenue to Front Street $ 38,000 Tamarack Street from Rouse Avenue to Front Street lacks curb, gutter and sidewalk. Storm water drainage issues are present. The Board views this street as an important connector to existing trails, future parks and open space areas in the District as well as the future sidewalk on Rouse Avenue. Board is looking for innovative designs which will remedy the lack of pedestrian and storm water retention facilities in the District while at the same time preserving the District character. Initial survey and design needs to be completed to see what improvements are feasible. Intersection of Front-Ida-Aspen Streets $ 17,000 The intersection area of these streets has drainage problems and lacks pedestrian connectivity. With plans to improve the Depot Park and potentially the Aspen Street right-of-way as open space, painted cross walks and additional street signage are short term needs which are easily fulfilled once the Depot Park is improved. Over the longer term, the feasibility of upgrading the street frontages of the Depot Park needs to be determined. Storm water drainage controls should be integrated into any street improvements around the Depot Park. Initial survey and design needs to be completed. East Peach Street – Sidewalks $ 38,000 Missing sidewalk sections on E. Peach Street need to be installed and some existing sidewalk sections need replacement between N. Rouse and N. Wallace Avenue. Board is looking for innovative designs which will remedy the lack of pedestrian and storm water retention facilities in the District while at the same time preserving the District character. Initial survey and design needs to be completed. Priority 2 Total $ 93,000 Priority 2 Rationale: The infrastructure improvements meet Guiding Principle 1 and Goals A & B under Principle 1 of the adopted Northeast Urban Renewal District Plan: · Guiding Principle, “Ensure the health, safety, and security of the District” · Goal A, “Outdated or insufficient infrastructure should be repaired, replaced or otherwise improved.” · Goal B, “Encourage a land use pattern that facilitates all modes of transportation – 177 July 14, 2010 6 vehicular, bicycle, pedestrian, mass transit, and commercial – for safe, efficient and convenient access for residential, commercial, and industrial uses.” The spending of TIF funds on infrastructure improvements is allowed under 7-15-4288, Costs that may be paid by tax increment financing, of the Montana Code Annotated. Specifically, item (4) states that the following may be paid by tax increment financing, “the acquisition, construction, and improvement of infrastructure…that includes streets, roads, curbs, gutters, sidewalks, pedestrian malls, alleys, parking lots and off-street parking facilities, sewers, sewer lines, sewage treatment facilities, storm sewers, waterlines,… III. NEIGHBORHOOD DEVELOPMENT PLANNING District Visioning Document $ 2,000 Assisted by Montana State University students from the Community Design Center within the School of Architecture, the Board put together the first draft of this document to provide a necessary supplement to the existing Urban Renewal plan. It outlines specific projects and ideas that will further the goals and objectives of the plan. The current draft requires revisions. Preserve America Grant Match $ 15,000 If the City is awarded the grant, the NURB has pledged to match up to $15,000 in funds towards this grant. The Board acknowledges that of portion of the matching funds may be used to offset the cost of City staff time spent managing the grant. The grant application proposes that a professional historical architectural and engineering team be hired to examine the existing conditions, evaluate the architectural integrity of the building, identify potential issues with the site and study the feasibility of re-use opportunities at the site. Priority 3 Total $ 17,000 Priority 3 Rationale: Neighborhood Development Plan meets Guiding Principle 2 and the Goal under Principle 2 of the adopted Northeast Urban Renewal District Plan: · Guiding Principles, “Balance commerce and livability in the District within the mixed- use framework” AND “Honor the unique character and vitality of the District” · Goal, “Harmonize commercial and industrial development with residential quality of life” · Implementation Action, “Where historic structures are affected by public or private development, seek out the advice and assistance of local, state, or federal historic preservation professionals for opportunities to renovate existing historic structures.” The spending of TIF funds on the design of a Neighborhood Development Plan is allowed under 7-15-4254, Municipality power in the preparation of various plans, of the Montana Code Annotated. Specifically, item (1a) states that “Every municipality shall have power, within the municipality to make or have made all plans necessary to the carrying out of the purposes of this 178 7 part and to contract with any person, public or private, in making and carrying out such plans;” IV. REDEVELOPMENT INCENTIVE PROGRAM To support Principles 2 and 3 of the District Plan: “Balance commerce and livability in the District within the mixed-use framework” and “Honor the unique character and vitality of the District”, and foreseeing an opportunity to incentivize and guide re-development, the Board has requested that staff create an incentive program to encourage needed rehabilitation of properties within the District. The creation of this program will incentivize the implementation of the District Plan as it relates to the following Goals and Implementation Actions listed within the Plan: Goal: Harmonize commercial and industrial development with residential quality of life Implementation Actions: · Assure compatibility of land uses through appropriate urban design techniques · Encourage commercial development that provides basic needs to the District. · Encourage affordable housing Goal: New structures should be designed and built keeping in mind the public values of durability, flexibility, and simplicity. Thoughtful consideration of design, materials, and massing in the construction of new private buildings will add strength and character to the built environment. To the degree that the private sector can be influenced by a public partner in development, the community ought to strongly encourage excellence in urban design as a basis of partnership. Implementation Actions: · Where historic buildings and places exist, compatibility of design elements should also enter into the planning of new construction · Encourage the growth of cultural activities Goal: Promote sustainable building practices and design within the district Implementation Actions: · Support projects and designs that promote Dark Skies · Promote the use of indigenous plants and materials for landscaping and design · Encourage the use of locally produced, renewable products. · Promote environmentally sound development and construction practices · Promote energy and resource-efficient systems within the District Priority 4 Rationale: The spending of TIF funds on the creation and implementation of a redevelopment incentive program is allowed under the following sections of the MCA: Section 7-15-4233, subsection (1)(a), MCA, grants the City the power to formulate and coordinate a workable program as specified in 7-15-4209, MCA; and Section 7-15-4209, MCA, states : (1) A municipality may formulate a workable program for utilizing appropriate private and public resources: 179 July 14, 2010 8 (a) to eliminate and prevent the development or spread of blighted areas; (b) to encourage needed urban rehabilitation; (c) to provide for the redevelopment of such areas; or (d) to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. (2) Such workable program may include, without limitation, provision for: (b) the rehabilitation of blighted areas or portions thereof by re-planning, removing congestion, providing parks, playgrounds, and other public improvements; by encouraging voluntary rehabilitation; and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and (c) the clearance and redevelopment of blighted areas or portions thereof. Section 7-15-4288, MCA states, “Costs that may be paid by tax increment financing” allows the municipality to use tax increments to pay the following costs of or incurred in connection with an urban renewal project: 1) demolition and removal of structures, 2) improvement of infrastructure, 3) public improvements and 4) costs incurred in connection with the redevelopment activities allowed under 7-15-4233 Priority 4 Total $ 15,000 SUMMARY: FY 11 PROPOSED BUDGET Priority 1 $ 54,100 Priority 2 $ 93,000 Priority 3 $ 17,000 Priority 4 $ 15,000 Staff time $ 5,000 Administrative Services $ 2,019 Overall Budget Total $ 186,119 180 ORDINANCE NO 1655 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA ADOPTING AN URBAN RENEWAL PLAN FOR PORTIONS OF THE NORTHEAST BOZEMAN INCLUDING THE HISTORIC MIXED USE DISTRICT WHEREAS the Bozeman City Commission did on the 15th day of August 2005 adopt Commission Resolution No 3835 declaring that blighted areas exist within the municipality and that the rehabilitation redevelopment or a combination thereof of such area or areas is necessary and WHEREAS the Bozeman City Commission appointed a Northeast Urban Renewal Study Committee to prepare an urban renewal plan and WHEREAS the Northeast Urban Renewal Study Committee has prepared a proposed Northeast Urban Renewal District Plan and WHEREAS the City Planning Board has found the proposed Northeast Urban Renewal District Plan to be in conformance with the Bozeman 2020 Community Plan the adopted growth policy for the Bozeman planning jurisdiction and WHEREAS the Bozeman City Commission did on the 14th day of November 2005 conduct a public hearing to consider the proposed Northeast Urban Renewal District Plan NOW THEREFORE BE IT ORDAINED by the City Commission of the City of Bozeman Montana Section 1 That the Northeast Urban Renewal District Plan attached hereto as Exhibit A is hereby adopted Section 2 Repealer All resolutions ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed Section 3 Severability If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid such invalidity shall not affect the other provisions ofthis ordinance which may be given effect 181 without the invalid provision or application and to this end the provisions of this ordinance are declared to be severable Section 4 Effective Date This ordinance shall be in full force and effect thirty 30 days after passage on second reading PASSED AND ADOPTED by the City Commission ofthe City of Bozeman Montana at a regular session thereof held on the 14th day of November 20 ETRARO Mayor ATTEST R L SULLIVAN City Clerk PASSED ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman Montana at a regular session thereof hel of NOV 2005 AN CETRARO Mayor ATTEST R IN L SULLIVAN City Clerk 2 182 OHilN SOZJJ IvJUuCld lJJ1SOICMlUlHucqJillSClqlJON 183 CITY OF BOZEMAN NORTHEAST BOZEMAN URBAN RENEWAL PLAN Prepared by The Northeast Bozeman Urban Renewal Study Committee Michael Barrett Ron Brey City of Bozeman Staff Peter Bronken Jim Browning Brian Caldwell Bobbi Clem Jack Davis J on Gerster Terry Giovanini Todd Roitsma Marcia Kaveney Erik Nelson Tracy Oulman City of Bozeman Staff Robert Pavlic Jeanne Wesley Wiese Steve Kirchhoff and Marcia Youngman City Commission Liaisons Prepared for The Bozeman City Commission Andrew Cetraro Mayor Lee Hietala Steve Kirchhoff Jeff Krauss Marcia Youngman 2 184 NORTH EAST URBAN RENEWAL DISTRICT PLAN CONTENTS HISTORICAL CONTEXT PO 4 INTRODUCTION PG 4 MISSION VISION STATEMENT PG 5 GUIDING PRINCIPLES GOALS AND IMPLEMENTATION ACTIONS PG 5 EXECUTING THE PLAN PG 10 FINANCE PG 14 DISTRICT MAP FIG 1 RESOLUTION 3835 APPENDIX 1 GENERAL DESCRIPTION APPENDIX 2 3 185 NORTH EAST URBAN RENEWAL DISTRICT PLAN HISTORICAL CONTEXT In the I880s Bozeman s economic fortunes blossomed with the anival of the Northern Pacific Railway which established a depot at the northeast end ofthe young city and connected it with distant markets The town s early entrepreneurs established flour mills residences freight storage and a brewery on new streets named for trees mostly the fruit bearing variety but Montana species as well Perhaps these names came in deference to the timber products and fruit that passed through but much ofthis freight and food processing activity has receded into history In the 120 years since this place bTew into a rail centered enterprise zone Bozeman s economic center of gravity moved elsewhere leaving the neighborhood short on paved streets sidewalks street lighting parks and sound infrastructure with scattered evidence ofhygone industrial activity remaining rail track and ties cable spools grain storage bins and upright fuel tanks INTRODUCTION This Urban Renewal Plan was prepared by a 13 member committee composed of a range ofbusinesses and residents from the District and the adjacent Northeast Neighborhood in response to the City Commission s finding ofhlight on August 15 2005 Resolution 3835 Appendix 1 The City Commission supported the blight designation unanimously in order to create an Urban Renewal District because it believed this would encourage infill within the city limits and that the Tax Increment Finance TIF District created by the designation would help fInance such infill While acknowledging that change development is inevitable in the District and that the creation ofan Urban Renewal District and its associated Tax Increment Financing would encourage economic vitality in the District it should be noted that some Northeast Neighborhood citizens and several committee members perceived few of the problems cited in the blight report Thus considerable efforts in the development ofthis plan were made to consider the many different and sometimes conflicting interests of the committee members The hope is that the end product the Northeast Urban Renewal Plan adequately balances the needs to remedy blight and encourage economic vitality and livability while also ensuring that future development preserves and enhances the eclectic character of the District to the fullest extent possible A map of the District is found in Figure 1 and a general description of the area included in the District is contained in Appendix 2 4 186 MISSION VISION This Plan is the city s response to remedy the conditions ofblight found in the August 2005 report The Plan also addresses other issues important to the District The plan s purpose is to ensure the vitality ofthe Northeast Urban Renewal District NURD the vitality of the NURD for generations to come and to make the NURD an area in which its citizens can take exceptional pride The Plan envisions a mixed use neighborhood that is user friendly safe secure and healthy While this plan envisions a District with diversity ofhousing businesses and amenities it intends to maintain the unique ambiance and historic character of the District GUIDING PRINCIPLES GOALS IMPLEMENTATION ACTIONS The principles and implementation actions which follow provide direction for using the Plan All nine Principles are vital to achieving the vision for the District The Implementation Actions are not exclusive lists Neither the Principles nor the Implementation Actions are arranged in order of importance 1 Ensure the health safety and security of the District Unsurfaced streets inadequate storm water drainage outdated water and sewer utilities and inadequate street lighting negatively impact the health safety and security of the District Improving the infrastructure ofthe area will also prepare the Districtfor thefilture GOAL A Outdated or insufficient infrastructure should be repaired replaced or otherwise improved IMPLEMENTATION ACTIONS Improve streets and alleys Improve fire prevention Repair or replace defective sections of water and sewer mains Improve the appearance and adequacy of dark sky lighting Provide for prompt snow removal Improve sidewalks and trail network Increase police patrols Improve storm water systems and develop storm water management techniques to protect Bozeman Creek 5 187 GOAL B Encourage a land use pattern that facilitates all modes of transportation vehicular bicycle pedestrian mass transit and commercial for safe efficient and convenient access for residential commercial and industrial uses IMPLEMENTATION ACTIONS Incorporate sidewalks crosswalks bike lanes and trails in the design for construction or reconstruction of streets and roadways Obtain property or easements for the continuation ofthe existing trail system Encourage bicycle use by incorporating bicycle amenities in the design of streets bridges and trails Design sidewalks walkways trails and streets for handicapped accessibility wherever possible Provide traffic calming measures Designate truck route GOAL C Provide public utilities to the area efficiently in ways that are not visually or physically obtrusive IMPLEMENT ATJON ACTION Encourage the conversion of communications networks and other utilities to underground or wireless facilities 2 Balance commerce and livability in the District within the mixed use framework The clear intent ofthis District is to support a mix and variety o nonresidenlial and residential uses Nothing in this Plan shall be interpreted to be discouraging or prejudicial to any allowable uses GOAL Harmonize commercial and industrial development with residential quality of life IMPLEMENTATION ACTIONS Assure compatibility of land uses through appropriate urban design techniques Consider alternative materials for streets and sidewalks Promote environmental cleanup ofbrown field or hazardous substances by the responsible parties Encourage commercial development that provides basic needs to the District Encourage affordable housing 6 188 3 Honor the unique character and vitality of the District The unique character of this neighborhood is built on its history proximity to the railroad mixed rural and urban development mixed residential and commercial uses and its proximity to downtown These qualities should be supported GOAL A New structures should be designed and built keeping in mind public values of durability flexibility and simplicity Thoughtful consideration of design materials and massing in the construction of new private buildings will add strenblh and character to the built environment To the degree that the private sector can be influenced by a public partner in development the community ought to strongly encourage excellence in urban design as a basis ofpartnership IMPLEMENTATION ACTIONS Where historic buildings and places exist compatibility of design elements should also enter into the planning ofnew construction Where historic structures are affected by public or private development seek out the advice and assistance of local state or federal historic preservation professionals for opportunities to renovate existing historic structures Respect the property rights ofproperty owners Encourage the growth of cultural activities GOAL B Promote sustainable building practice and design within the District IMPLEMENTATION ACTIONS Support projects and designs that promote Dark Skies Promote the use of indigenous plants and materials for landscaping and design Encourage the use oflocally produced renewable products Promote environmentally sound development and construction practices Promote energy and resource efficient systems within the District 4 Public open space is essential to a healthy and appealing urban environment Developing and procuring parks and public open space as well as improving and making accessible the existing trails such as The Depot Park Trail and Bozeman Creek Trail will enhance and improve the District Goal A Procure new land for parks and public open space IMPLEMENTATION ACTIONS Secure public open space s in Iocation s that will optimize use and accessibility 7 189 Ensure that all park planning provides for a broad range ofboth residential and commercial needs Provide a park plan that includes a children s playground and connectivity to adjacent wetlands and open space Eminent Domain shall not be used to procure new land for parks Goal B Improve landscaping in existing public spaces IMPLEMENTATION ACTIONS Enhance boulevards and public right of way by planting and maintaining trees where appropriate Weed control Encourage property owners to maintain their property 5 The costs of projects and programs shall be weighed against their benefits to the District This principle is se fexplanatory as long as Benefit is understood to mean the promotion of the Principles and that Benefits may not befinancial in nature 6 Private property shall not be acquired for other private use through the eminent domain process in the implementation of any aspect of this plan GOAL Neither the City of Bozeman nor any ofits subdivisions shall use eminent domain to take private property for private use in the implementation of an urban renewal project or similar redevelopment plan IMPLEMENTATION ACTIONS Include a specific prohibition ofthis practice in the implementation section ofthe Plan Require that any amendment ofthe Plan occur under the same procedures as the Plan was adopted including the individual notice requirements for properties within the District Help assure the City ordinance prohibiting the practice remains in place by placing the NURB on record as endorsing the prohibition 7 The City shall not limit its vision for the District improvements to monies available solely through the TIF funding GOAL Encourage the City to help ensure the success of the N E Urban Renewal Plan by giving a high priority to the NE District in its capital improvements plan 8 190 IMPLEMENTATION ACTIONS Work with the City County and State to secure funds from all available sources Promote communication so that it is understood that the District will require assistance beyond the tax increment finance funding 8 Projects shall consider impacts on adjacent neighborhoods OOAL Work with neighborhoods and businesses to ensure actions taken in the District are compatible with adjacent developed areas IMPLEMENTATION ACTIONS Keep communication open and seek public input from adjacent neighborhoods Evaluate projects on their community wide benefits and impacts Create a process for the development and prioritization of neighborhood projects 9 The city shall consider the impact on the District of all projects undertaken outside of the District GOAL Work with the City to ensure actions taken outside ofthe District are compatible with projects inside of the District IMPLEMENTATION ACTIONS Evaluate and mitigate adverse impacts on the District occurring from projects outside ofthe District Ensure that a proportionate share ofinfrastructure costs resulting from projects inside of the District is shared by the projects outside ofthe Districts that utilize the infrastructure 9 191 EXECUTING THE PLAN INTRODUCTION Once adopted this Plan becomes the official policy guide for public action regarding the Northeast Urban Renewal District These policies can only be transformed into action through an effective implementation probTam Thc 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 cffectively to changing circumstances without losing sight oflong range goals ADMINISTRATION To implement this Plan an Urban Renewal Agency will be created hereafter referred to as the Northeast Urban Renewal Board NURB The NURB is responsible for the implementation ofthis Plan pursuant to MCA S 7 15 4232 Specifically the NURB will 1 develop plans which implement the vision tor the District 2 rcview on an ongoing basis the opcration and processes of all public agencies to assure that such activities are supportive ofthe Plan and 3 advocate and coordinate the complete and full implementation of the Plan Individuals appointed to the NURB shall have a demonstrated interest in Northeast Bozeman Pursuant to MeA S 7 15 4234 the mayor by and with the advice of consent ofthe City Commission shall appoint the NURB which shall consist of five voting members The initial voting membership shall consist of one NURB member appointed for 1 year one for 2 years one for 3 years and two tor 4 years Each appointment thereafter shall be tor 4 years 1 Each voting member shall hold office until hisher 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 ofhis her duties 3 Any person may be appointed as voting members if they reside within the municipality or own property within the District The preferred composition ofthe NURB would include two residents ofthe 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 ofvoting members shall be ratified annually by the City Commission A majority ofthe voting members shall not hold any other public oHice under the municipality other than their membership or office with respect to the NURB 10 192 The powers and responsibilities ofthe NURB shall be exercised by the members thereof according to adopted bylaws approved by the City Commission A majority of the members shall constitute a quorum for the purpose of conducting business and exercising the powers and responsibilities ofthe NURB and for all other purposes Action may be taken by the NURB upon a vote of a majority of the members three unless in any case the bylaws shall require a larger number In addition to the five voting members the NURB shall be composed of a non voting membership ofnot more than four individuals The initial membership shall consist of one member appointed for 1 year one f r 2 years one for 3 years and one for 4 years Each appointment thereafter shall be for 4 years These individuals must possess expertise or other qualifications necessary to help implement the plan 1 Each non voting member shall hold office until hisher successor has been appointed and has qualified 2 A non voting member shall receive no compensation f r hisher services but shall be entitlcd to authorized necessary expenses including traveling expenses incurred in the discharge of his her duties 3 A non voting member may be removed for inefficiency neglect 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 NURB will be performed by city staff as available until other funding shall be available from alternate sources and permanent staff hired The NURB will make every effort to fund its own staff either by contracting for services with existing public agency staff contracting for services with a private firm or hiring a staff The FY07 work program shall specify the staff arrangement The NURB may exercise any ofthe powers specified in MCA 7 15 4233 However no entrance to any building or property in any urban rcnewal area in order to make surveys and appraisals in the manner specified in 7 15 4257 shall be made without the owner s permission ANNUAL WORK PROGRAM BUDGET AUDIT AND EV ALUATION The NURB shall prepare an annual work program A WP and budget that will list the activities and costs of activities for the coming fiscal year as well as the method of financing those activities The NURB shall provide public notice in the newspaper and by other appropriate means and conduct a public hcaring prior to the submittal ofthe annual work program to the City Commission This program and budget may be amended during the course ofthe city s fiscal year in light of funding and program changes All budgets and revised budgets shall be reviewed and approved by the City Commission 11 193 The NURB shall cause to be perf rmed an annual audit conducted in conjunction with the city s audit covering the operations of the NURB in carrying out this Plan The first such audit shall be completed within ninety 90 days ofthe close of the first fiscal year following the adoption ofthis Plan by the City Commission All such audits shall be maintained as a part of the public records of the City of Bozeman The NURB shall also provide to the City Commission and the public an annual program evaluation Such evaluation shall review the Northeast Bozeman Improvement District Plan and the past annual work program and other relevant NURB activities for the year PLAN AMENDMENT The Plan may be amended by the same means as adopted in accordance with Montana law No ordinance amending the Plan shall be adopted until after a public hearing has been conducted thereon and notice of said hearing has been given in the official newspaper once a week for two consecutive weeks preceding the hearing In addition mailed notice shall be given to all persons owning property at the time and in the manner provided by MCA 7 I5 42I5 1 All notices shall provide the information regarding the modification required by MCA S 7 15 4215 1 Nothing herein shall limit of affect the authority ofthe Commission to undertake and carry out renewal activities on a yearly basis as provided by MCA 7 15 4220 PROPERTY ACQUISITION The NURB will assist and encourage public and private entities to eliminate blight or blighting influences and strengthen the City s economy by developing property in the District Where necessary in the execution of this Plan the NURB is authorized to acquire property in the District in accordance with the appropriate federal state and local laws However the power 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 NURB in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the area ofconditions causing blight To assure the purposes ofthe Plan are fully considered the City shall obtain and consider the advice of the NURB regarding all development proposals public works projects or other matters occurring within or adjacent to the Northeast Bozeman Improvement District area or affecting any aspect ofthe Plan 12 194 Other action by the City may include but not be limited to the following 1 Institution and completion ofproceedings for opening closing vacating widening or changing the grades of streets alleys and other public rights of way and for other necessary modification of the streets the street layout and other public rights of way in the Northeast Bozeman Improvement District areas 2 Institution and completion ofthe proceedings necessary for changes and improvements in publicly owned utilities within or affecting the Northeast Bozeman Improvement District areas 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 Pedormance 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 pennit the redevelopment ofthe Northeast Bozeman Improvement District area to be commenced and carried to completion without unnecessary delays 5 Promotion ofthe availability through the City ofprograms and funds to helpkeepexistingandnewhousinginornearthedistrictaffordableandhabitable 6 The undertaking and completing of any other proceedings necessary to carry out the provision of this Plan 13 195 FINANCE The programs projects and administration ofthe Plan shall be financed from a variety of sources both public and private which in part may include Private Grants dues self imposed taxes such as Special Improvement Districts or Business Improvement Districts private investment and donations Private Enterprise Assistance Programs Housing and Urban Development Small Business Administration and Community Reinvestment Act financial assistance Public Tax increment financing revenue bonds City and County general funds public grants utility Districts user fees state backed low interest loans Montana Department ofTransportation general obligation bonds tax credits and enterprise funds Tax Increment Financing will be implemented in accordance with MCA SS 7 15 4282 4292 and 43014324 In the event that property taxes arc reduced or replaced with some new form of revenue it is the intent ofthe Plan to use all available means to adjust the tax base or allow the capture ofthat portion ofthe new revenue form necessary to offset the reduced or lost increment The NURB will annually develop a program and budget to be reviewed and adopted by the City Commission During this procedure specific actions will be proposed in detail for community review This process will allow maximum community input to further the redevelopment interests of the community and to evaluate past actions ofthe NURB Tax Increment Financing shall be used to further the implementation of the goals set forth in this plan 14 196 JJSlaIBM9U91ueqJnnH3N SOOZpasodOJd I 9JnB1OOlrD l IamtI 197 Appendix 1 COMMISSION RESOLUTION NO 3835 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA DECLARING THAT BLIGHTED AREAS EXIST WITHIN THE MUNICIPALITY AND THE REHABILITATION REDEVELOPMENT OR A COMBINATION THEREOF OF SUCH AREA OR AREAS IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH SAFETY MORALS OR WELFARE OF THE RESIDENTS OF SUCH MUNICIPALITY WHEREAS a blight investigation in a portion of Northeast Bozeman outlined in Attachment A was completed by ThinkTank Design Group Inc on June 6 2005 and WHEREAS the investigation determined that areas of blight as defined by state statute existed within the study area associated with the following the defective or inadequate street layout identified within the study area instances of known deterioration inadequate provisions and or age obsolescence of the following public improvements within the study area water sewer storm drainage streets sidewalks and parks instances of age obsolescence of buildings within the study area instances of unsanitary or unsafe condition instances producing inadequate provision for ventilation light proper sanitary facilities or open spaces as determined by competent appraisers on the basis of an examination of the building standards of the municipality and WHEREAS Section 7 15 4212 MeA provides that any person public or private may submit an urban renewal plan to the municipality and WHEREAS a request was received from ThinkTank Design Group Inc to create an Urban Renewal District for the study area in Northeast Bozeman outlined in Attachment A and 16 198 WHEREAS Section 7 15 4210 MCA requires that a municipality adopt a resolution of necessity in order to implement an urban renewal program NOW THEREFORE BE IT RESOLVED by the City Commission of the City of Bozeman Montana that areas of blight exist within the study area of Northeast Bozeman outlined in Attachment A attached hereto and by this reference made a part hereof and that the rehabilitation redevelopment or a combination thereof of the area is necessary in the interest of the public health safety morals or welfare of the residents of Bozeman BE IT FURTHER RESOLVED that the City shall not use its powers of eminent domain to acquire private property for any private use in the implementation of any urban renewal project within this area PASSED AND ADOPTED by the City Commission of the City of Bozeman Montana at a regular session thereof held on the 15th day of August 2005 ANDREW L CETRARO Mayor ATTEST ROBIN L SULLIVAN City Clerk APPROVED AS TO FORM PAUL J LUWE City Attorney 17 199 Appendix 2 Description of the Proposed NE Urban Renewal District Beginning at the point of the southeast corner of Lot 12 Block 15 of the Imes Addition thence southerly along the west right of way line of North Rouse Avenue approximately 1 530 feet to the northeast corner of the north 81 feet of Tract 1 Block 9 of Beall s First Addition thence easterly approximately 60 feet to the western property line of Tract 2 Block 1 of Perkins and Stone Addition thence northerly along the east right of way line of North Rouse Avenue approximately 32 feet to the northwest corner of Tract 2 Block 1 of Perkins and Stone Addition thence easterly along the south right of way line of East Peach Street approximately 397 feet to the northwest corner of Tract 2 Block 6 of the Babcock and Davis Addition thence southerly along the east right of way line of North Church Avenue approximately 117 feet to the southwest corner of Tract 2 Block 6 of the Babcock and Davis Addition thence easterly approximately 194 feet to the southeast corner of Tract 2 Block 6 of the Babcock and Davis Addition thence southerly approximately 55 feet to the southeast corner of Tract 3 Block 6 of the Babcock and Davis Addition thence westerly approximately 10 feet to the northeast corner of Tract 4 Block 6 of the Babcock and Davis Addition thence southerly approximately 111 feet to the southeast corner of Tract 7 Block 6 of the Babcock and Davis Addition thence easterly approximately 264 feet to the western property line of the West of Lot 3 Block 7 Tract 2 of the Babcock and Davis Addition thence northerly along the eastern right of way line of North Wallace Avenue approximately 284 feet to the northwest corner of the west end of Tract 2 Lot 6 and the north 5 feet of Lot 5 Block 7 of the Babcock and Davis Addition thence easterly along the southern right of way line approximately 817 feet to the western property line of Lot 33 Block 53 of the Northern Pacific Addition thence northeasterly along the eastern right of way line of Plum Avenue approximately 555 feet to the centerline of the current main railroad track thence northwesterly along the centerline of the current main railroad track approximately 1 280 feet thence westerly approximately 177 feet to the northeast corner of Lot 1 of the Amended Plat C 23 W of the Northern Pacific Addition thence southerly along the west right of way line of North Wallace Avenue approximately 393 feet to the southeast corner of Lot 17 Block 110 of the Northern Pacific Addition thence westerly along the north right of way line of East Tamarack Street approximately 400 feet to the southwest corner of Lot 1 of the Amended Plat C 23 W of the Northern Pacific Addition thence northerly along the east right of way line of North Church Avenue approximately 360 feet to the property line of Lot 1 of the Amended Plat C 23 W of the Northern Pacific Addition thence westerly approximately 430 feet along the north right of way line of East Juniper Street to the southeast corner of Lot 12 Block 15 of the Imes Addition the point of beginning 18 200