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RESOLUTION NO: 08-1 8767 A RESOLUTION DECLARING THE CITY COUNCIL INTENT TO MODIFY THE SOUTH BILLINGS BOULEVARD URBAN RENEWAL DISTRICT WITH TAX INCREMENT AUTHORITY; DECLARING THE EXISTENCE OF BLIGHT WITHIN THE SOUTH BILLINGS BOULEVARD URBAN RENEWAL AREA; SETTING A PUBLIC HEARING DATE; AND REQUIRING PUBLICATION AND MAILING OF THE NOTICE OF HEARING WHEREAS, under the provisions of Montana Code Annotated, Title 7, Chapter 15, Parts 42 and 43, as amended (the "Act"), the City of Billings, Montana (the "City") is authorized, among other things, to identify and declare an area as containing blight with the intention of eliminating it through urban renewal; and WHEREAS, the City is authorized by the Act to modifu urban renewal areas with tax increment provisions by adopting a revised wban renewal plan by ordinance; and WHEREAS, a revised urban renewal plan has been prepared for the proposed South Billings Boulevard Urban Renewal District; and WHERF,AS, the City Council desires to conduct a public hearing on the draft modified urban renewal plan for the proposed South Billings Boulevard Urban Renewal District to determine if it is desirable to modif,i the district. NOW, THEREFORE, the City Council of the City of Billings, Montana, declares and resolves as follows: 1. Description of Proposed Modified District The area being considered for inclusion in the proposed modified urban renewal area is described as: Starting at the intersection of Sfafe Avenue and Van Buren Sfreef, extending south down the centerline of Van Buren Súreef to the intersection of Van Buren Súreeú and Roosevelt Avenue, extending east down the centerline of ^Roosevelt Avenue to the intersection of Roosevelt Avenue and Jackson Street, extending south down the centerline of Jackson Sfreef to the intersection of Jackson Súreef and Madison Avenue, extending east down the centerline of Madison Avenue to the intersection of Madison Avenue and Washington Street, extending south down the centerline of Washington Sfreef to the intersection of the ceiiterline of Washington Sfreef and the extension of the northern boundary of Lot 7, Willis Subdivision, extending east along said boundary to the eastern boundary of said lot, extending south along said boundary to the southern boundary of said lot, extending westerly along said boundary and its extension to the centerl¡ne of Washington Street, extending north to the existing City of Billings city limit boundary, extending southerly and westerly along the existing city limit boundary to the intersection of Jackson Sfreef and King Avenue East, extending easf along the centerline of King Avenue East to the intersectíon of King Avenue East and Washington Street, extending south along the centerline of Washington Street and its projection across the lnterstate 90 right-of-way, to its intersection with Souúh Frontage Road, thence in a westerly direction following the south right-of-way boundary of the Souff¡ Frontage Road to the intersection of an extension of the east boundary of Rivertronf Buslness Park Subdivision , extending south along eastern boundary of said subdivision to the south boundary of said subdivision, extending southerly and westerly along said boundary to the west boundary of said subdivision, extending northerly and easterly along said boundary and its extension to the south right-of-way boundary of South Frontage Road, extending westerly to the northeast corner of Lot 1, Block 1, Willowbrook Subdivision, thence in a southerly and westerly direction following the existing city limit boundary to a point which intersects with the extension of the southern boundary ofTract 1, C/S 2834, then west along said southern boundary ofTract 1, C/S 2834 and southern boundary of Block 4 of Weil Subdivision to the intersection with the centerline of Mullowney Lane, extending north along the centerline of Mutlowney Lane and its projection to the centerline of Laurel Road, extending northeast along the centerline of Laurel Road to its intersection with State Avenue, extending northeast and east along the centerline of State Avenue to the ending point at the intersection of State Avenue and Van Buren Súreeú. Excluding all nonincorporated land within the boundary. A map of the modified Soufh Billings Boulevard Urban Renewal District is included in Exhibit A. ---PAGE BREAK--- 2. Determination of blisht. A requirement of Montana Annotated Code 2005 is to justiSr an urban renewal plan through the determinatiot of blight. Blight is defined as an area that is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; substantially impairs or arrests the sound growth of the city or its environs; retards the provision of housing accommodation; or constitutes an economic or social liability or is detrimental or constitutes a menace to the public health, safety, welfare, and morals in its present condition and use, by reason of: . the substantial physical dilapidation; deterioration; defective construction, material, and arrangement; or age obsolescence ofbuildings or improvements, whether residential or nonresidential; . inadequate provision for ventiiation, 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; . inappropriate or mixed uses of land or buildings; . defective or inadequate street layout; . faulty lot layout in relation to size, adequacy, accessibility, or usefulness; . unsanitary or unsafe conditions; ' deteriorationofsite; ' improper subdivision or obsolete platting; ' the existence ofconditions that endanger life or property by fire or other causes; The properties in the proposed modified district may be considered blighted. At this time, one of the properties is located within The General Commercial Zoning District, a district that provides for harmonious land design and quality site planning, which will produce a more desirable and attractive environment. Furthermore, the intent of the District is to promote attractive, high quality development, to provide an appealing image of the City of Billings, to the traveling public and also the community. The single structure currently located on the property is a small residence and was built in 1925. The property is large enough and zoned to accommodate a more appropriate land use. Another property is located in the Controlled Industrial Zoníng District. This zone is intended for a variety ofbusiness, warehouse and light indushial uses. The property has been vacant, is very large, and is situated near the Interstate highway. While initial construction on a portion of the property is underway, the past land use has not been appropriate for the zoning and the property is expected to be improved and further developed if it is included in the district. The last property is located in a residential zone and because of its size has potential for multi-family dwelling uníts or multiple, single family dwelling units. The development potential cannot be realized because this property is not served by City water. The lack of municipal water is both a heaith and safety concem because it contributes to a substandard, unsanitary condition. 3. Intent to Modifv an Urban Renewal Area with Tax lncrement Authoritlt. Pursuant to the Act and considering the blighted conditions cited above, the City Council declares its intention to modify the South Billings Boulevard Urban Renewal Area and that public improvements that will stimulate private investment in the area may be financed in part through tax increment generated from the District, subject to a public hearing and adoption of the draft modified urban renewal plan by ordinance. 4. Public Hearing. A public hearing is hereby called and shall be held on November 24,2008 at 6:30 p.m. in the Council Chambers at 220 N. 27th Street, on whether to adopt the draft modified urban renewal pian for the proposed South Billings Boulevard Urban Renewal Area. 5. Publication and Mailing of Notice. The City Clerk is hereby authorized and directed to cause notice of the public hearing to be pubiished i,rl^the Billings Times at least once a week for two consecutive weeks prior to the date set for the hearing and to mail notice ofsuch hearing not less than 10 days prior to the date ofthe hearing to the persons whose names appear on the county treasurer's tax ro11 as the owners, reputed owners, or purchasers under contract for the deed ofthe Property, at the add¡esses shown on the tax roil. APPROVED AND PASSED bythe City Council of the City of Billings this 10th day of November,2008. if,i snal'*:Ê?i ArrESr: BY: 0e;Y,Lar.tu;j'i'ìñ;""" Cari Martin. Citv Clerk CITY OF BILLINGS: ---PAGE BREAK--- EXHIBIT A ---PAGE BREAK---