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HomeMy WebLinkAboutResolution 5366 Calling a Public Hearing to Approve a Project in the Northeast Urban Renewal Distric RESOLUTION 5366 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CALLING A PUBLIC HEARING TO APPROVE A PROJECT IN THE NORTHEAST URBAN RENEWAL DISTRICT, KNOWN AS WILDLANDS, AS AN URBAN RENEWAL PROJECT AND USING TAX INCREMENT REVENUES TO REIMBURSE ELIGIBLE COSTS OF SUCH PROJECT BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Recitals. 1.01. Under the provisions of Montana Code Annotated, Title 7, Chapter 15, Parts 42 and 43, as amended (the “Act”), the City is authorized to create urban renewal areas, prepare and adopt an urban renewal plan therefor and amendments thereto, undertake urban renewal projects therein, provide for the segregation and collection of tax increment with respect to property taxes collected in such areas, and apply tax increment revenues derived from projects undertaken within the urban renewal area to pay eligible costs. 1.02. Pursuant to the Act and Ordinance No. 1655, adopted on November 28, 2005 (the “Ordinance”), the Commission created the Northeast Urban Renewal District (the “District”) and approved the Northeast Urban Renewal District Plan (the “Plan”) as an urban renewal plan in accordance with the Act., which Plan provides for the segregation and collection of tax increment revenues with respect to the District. 1.03. As set forth in the Plan, tax increment financing is to be used to further the implementation goals in the Plan, which include encouraging investment in development and redevelopment of commercial and mixed use property within the District in accordance with the provisions of the Act. DocuSign Envelope ID: 76BCA57B-1ABD-4305-82BB-860D6FF3C5CD Resolution 5366, Calling a Public Hearing for a Project in the Northeast URD, Known as the Wildlands Project 2 1.04. In addition, the Plan created the Northeast Urban Renewal Board (the “Board”) to exercise the powers of an urban renewal agency under the Act with respect to the District and to implement the Plan. Among other things, the Board is required to prepare an annual work program and budget for projects in the District, which program and budget are subject to review and approval by the Commission. Section 2 The Project. Wild Peach, LLC (the “Developer”) proposes to undertake the construction of a mixed- use development to be known as Wildlands, consisting of demolition of a warehouse, underground storage tank, above-ground storage tanks and parking lot addressed as 615 East Peach Street; renovation of a 4,500 square-foot commercial building by converting a second- floor office suite to two two-bedroom dwelling units and converting the existing basement level to storage and accessory office space for the bakery tenant on the first-floor level; new construction of a three-story addition to the existing two-story commercial building at 600 North Wallace Avenue consisting of ground-floor restaurant and retail space and entrance and accessory uses and spaces, second-level dwelling units and office space and a common open space plaza, third-level residences and a rooftop deck; related infrastructure and utility improvements; and related improvements (collectively, the “Project”) on land located in the District. The Developer has submitted an application to the Board, requesting tax increment assistance with respect to certain eligible costs of the Project, including demolition of existing structures, public improvements including curb, gutter and sidewalk improvements, and public and utility infrastructure, as well as impact fees, cash in lieu of water rights and fees and charges related to installing fiber optic cable (the “Eligible Costs”). The Board has granted preliminary approval to the use of tax increment assistance to reimburse Eligible Costs. The Project, including the Eligible Costs, is contemplated by and within the scope of the Plan, and the Eligible Costs are eligible for tax increment financing under the Act. The Board has recommended that the Commission approve the Project as an urban renewal project under the Act and the Plan and approve using tax increment revenues to reimburse the Developer for all or a portion of the Eligible Costs. DocuSign Envelope ID: 76BCA57B-1ABD-4305-82BB-860D6FF3C5CD Resolution 5366, Calling a Public Hearing for a Project in the Northeast URD, Known as the Wildlands Project 3 Section 3 Preliminary Findings. The Commission hereby finds, as a preliminary matter, with respect to the Project as follows: a. no persons will be displaced from their housing by the Project; b. the Plan and the Project conform to the Bozeman Community Plan or parts thereof for the City as a whole; c. the Plan and the Project will afford maximum opportunity, consistent with the needs of the City as a whole, for the rehabilitation or redevelopment of the District by private enterprise; d. taking into account the use of tax increment revenues to reimburse the Developer for all or a portion of the Eligible Costs, there is expected to be a sound and adequate financial program for the financing of the Project; and e. the Project constitutes an urban renewal project within the meaning of the Act and the Plan. Section 4 Public Hearing. A public hearing is hereby called and shall be held on January 11, 2022 at 6:00 p.m. in the City Commission Room at City Hall, 121 N. Rouse Avenue, Bozeman, Montana, on the approval of the Project and the City’s proposed use of tax increment financing therefor. Due to the City’s Declaration of Emergency for the COVID-19 Pandemic, this meeting may be held online using Webex or other technology, with the link to be available on the City’s website at www.bozeman.net/meetings. Section 5 Notice. Notice of the public hearing shall be published in the Bozeman Daily Chronicle on January 2, 2022 and January 9, 2022, in substantially the form attached as Exhibit A hereto (which is incorporated by reference and made a part hereof). DocuSign Envelope ID: 76BCA57B-1ABD-4305-82BB-860D6FF3C5CD Resolution 5366, Calling a Public Hearing for a Project in the Northeast URD, Known as the Wildlands Project 4 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 21st day of December, 2021. ___________________________________ CYNTHIA ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 76BCA57B-1ABD-4305-82BB-860D6FF3C5CD CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5366 entitled: “RESOLUTION CALLING A PUBLIC HEARING TO APPROVE A PROJECT IN THE NORTHEAST URBAN RENEWAL DISTRICT AS AN URBAN RENEWAL PROJECT AND USING TAX INCREMENT REVENUES TO REIMBURSE ELIGIBLE COSTS OF SUCH PROJECT” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a regular meeting on December 21, 2021, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commission members voted in favor thereof: Andrus, Cunningham, Pomeroy, Madgic, & Coburn; voted against the same: none; abstained from voting thereon: None; or were absent: none. WITNESS my hand and seal officially this 21st day of December, 2021. (SEAL) __________________________________ MIKE MAAS City Clerk DocuSign Envelope ID: 76BCA57B-1ABD-4305-82BB-860D6FF3C5CD Resolution 5366, Calling a Public Hearing for a Project in the Northeast URD, Known as the Wildlands Project A-1 EXHIBIT A NOTICE OF PUBLIC HEARING ON APPROVING A PROJECT IN THE NORTHEAST URBAN RENEWAL DISTRICT AS AN URBAN RENEWAL PROJECT AND USING TAX INCREMENT REVENUES TO REIMBURSE ELIGIBLE COSTS OF SUCH PROJECT NOTICE IS HEREBY GIVEN that the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”) will hold a public hearing on January 11, 2022 at 6:00 p.m. in the City Commission Room at City Hall, 121 N. Rouse Avenue, Bozeman, Montana, to be held online using Webex or other technology, with the link to be available on the City’s website at www.bozeman.net/meetings, on the approval of the following project in the Northeast Urban Renewal District as an urban renewal project: the construction of a mixed-use development to be known as Wildlands, consisting of demolition of a warehouse, underground storage tank, above- ground storage tanks and parking lot addressed as 615 East Peach Street; renovation of a 4,500 square-foot commercial building by converting a second-floor office suite to two two-bedroom dwelling units and converting the existing basement level to storage and accessory office space for the bakery tenant on the first-floor level; new construction of a three-story addition to the existing two-story commercial building at 600 North Wallace Avenue consisting of ground-floor restaurant and retail space and entrance and accessory uses and spaces, second-level dwelling units and office space and a common open space plaza, third-level residences and a rooftop deck; related infrastructure and utility improvements; and related improvements (collectively, the “Project”). It is proposed that the City reimburse the developer of the Project for certain eligible costs of the Project from tax increment revenues. Any interested persons may appear and will be heard or may file written comments with the City Clerk prior to such hearing. DATED this 21st day of December, 2021. Mike Maas City Clerk Publication Dates: January 2, 2022; January 9, 2022 DocuSign Envelope ID: 76BCA57B-1ABD-4305-82BB-860D6FF3C5CD