HomeMy WebLinkAboutResolution 15 - 4639 Finding of Blight gs edits ORIGINAL
COMMISSION RESOLUTION NO. 4639
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, FINDING THAT BLIGHTED AREAS EXIST WITHIN THE MUNICIPALITY IN AND NEAR THE NORTH 7TH
URBAN RENEWAL DISTRICT AND THE REHABILITATION,
REDEVELOPMENT, OR A COMBINATION THEREOF OF SUCH AREAS IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, OR WELFARE OF THE RESIDENTS OF SUCH MUNICIPALITY
WHEREAS, the State of Montana has provided for the redevelopment of those portions of municipalities which constitute constitute an economic and social liability and substantially impair the sound growth of a municipality; and
WHEREAS, the procedure provided in Title 7, Chapter 15, Part 42 and 43 of the Montana
Codes Annotated authorizes municipalities to exercise urban renewal powers for redevelopment and rehabilitation through urban renewal plans and projects, after the municipality has made a finding that a blighted area exists that substantially impairs or arrests the sound growth of the city
or its environs, constitutes an economic or social liability and/or is detrimental to the public health,
safety, welfare, and morals in its present condition and use; and
WHEREAS, the City of Bozeman City Commission approved Resolution 3839 on August 22, 2005, adopting a finding that areas of blight exist within the area of North Seventh
Avenue, 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; and WHEREAS, the City of Bozeman is considering the expansion of the North Seventh
Avenue Urban Renewal District for the purposes of furthering its efforts to revitalize this
commercial area and surrounding neighborhoods; and
WHEREAS, a blight investigation in areas adjacent to portions of the North Seventh
Avenue Urban Renewal District was completed at the direction of the North Seventh Avenue
Urban Renewal Board; and
WHEREAS, the Statement of Blight (as found in Attachment A) documents the existence of blight in the area known as Midtown, centered around North Seventh Avenue and including adjacent neighborhoods, generally extending from West Babcock Avenue on the south to the
railroad tracks overpass on the north, and east to North 5th Avenue, North 3rd Avenue and other
boundaries, and west to North 8th Avenue, North 11th Avenue and North 15th Avenue; and
WHEREAS, the investigation determined that areas of blight as defined by state statute
existed within the Midtown area associated with the following:
• age obsolete structures and private improvements – with respect to buildings, parking lot paving and landscaping;
• age obsolete public improvements - with respect to storm drainage, streets and
sidewalks;
• inappropriate uses of land or building - such as low density or vacant lands in the urban core;
• defective or inadequate street layout – including dead end streets and sidewalks,
incomplete streets;
• unsafe conditions – uncontrolled accesses, deteriorating improvements, barb wire fencing; and
WHEREAS, one or more blighted areas exist in areas adjacent to and nearby the North
7th Urban Renewal District based on at least three of the factors listed in 7-15-4206(2), MCA; and
WHEREAS, it is the desire of the City to exercise, within the defined area, the powers
conferred by the Montana Urban Renewal Law; and
WHEREAS, Section 7-15-4210, MCA, requires that a municipality adopt a resolution of
necessity in order to implement or amend an urban renewal district.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that it adopts the findings regarding the existance of areas of blight
within the Midtown area of Bozeman provided in Attachment A, and hereby declares such
areas of blight exist and that the rehabilitation, redevelopment, or a combination thereof of the areas by inclusion in the North 7th Urban Renewal District 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 areas as shown on Exhibit A.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 24th day of August, 2015.
JEFFREY KRAUSS Mayor ATTEST:
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN City Attorney