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HomeMy WebLinkAbout09-25-17 City Commission Packet Materials - A1. Ordinance 1979 Provisional Adoption, Mandeville TIF Sunset and NPURD Creation Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, Director of Economic Development SUBJECT: Ordinance No. 1979 Terminating the Mandeville Farms Tax Increment Financing Industrial District Created by Ordinance No. 1684, Establishing the North Park Urban Renewal Area, Creating the North Park Urban Renewal District and Adopting the North Park Urban Renewal District Plan with a Tax Increment Financing Provision Pursuant To Title 7, Chapter 15, Part 42 And 43 Of The Montana Code Annotated, And Amending Section 2.06.1330, BMC, Regarding Urban Renewal, Tax Increment, And Economic Development Districts And Section 2.05.1830, BMC, Regarding Urban Renewal, Tax Increment, and Economic Development District Boards MEETING DATE: September 25, 2017 AGENDA ITEM TYPE: Action RECOMMENDATION: Provisionally adopt Ordinance No. 1979 Approve Ordinance No. 1979 provisionally adopting the legislative findings that the North Park Urban Renewal District, through the North Park Urban Renewal District Plan, seeks to provide long term economic stability and to use planning and the development of public infrastructure as tools for well managed growth is in the best interest of the City. RECOMMENDED MOTION AND VOTE: Having reviewed and considered the text of Ordinance 1979, public comment, the recommendations of the Planning Board, and all the information presented, I move to provisionally adopt Ordinance No. 1979, including the legislative findings that the North Park Urban Renewal District, through the North Park Urban Renewal District Plan, seeks to provide long-term economic stability and to use planning and the development of public infrastructure as tools for well-managed growth is in the best interest of the City. Further, I instruct staff to return to the Commission on October 9, 2017, for final adoption of Ordinance 1979 on the Commission’s Consent Agenda. 141 BACKGROUND: Ordinance No. 1979 aligns with Commission economic development priorities of facilitating mid- to high wage job growth and industry diversification. (ATTACHMENTS 1 and 2) Community partners work together in support of the primary tenets of the City’s recently adopted 2016 Economic Development Strategy: 1. Support retention and growth of existing businesses, while welcoming and encouraging new businesses; 2. Invest in infrastructure to drive economic development; and 3. Support education and workforce development initiatives to provide businesses with qualified workers. Established in 2006, the Mandeville Farm Tax Increment Financing Industrial District (the “TIFID”), now the North Park Industrial TIFID, was created to enable the use of incremental increases in property tax revenues to encourage the attraction and retention of value-adding industries. The TIFID, however, failed to attract private investment, or contribute to the implementation of Bozeman’s economic development strategy. The TIFID is set to expire in 2021. Acknowledging that economic development is a long-term proposition, the City should preserve the opportunity to use tax increments to attract and retain value-adding commerce, which includes traded and local sector businesses. However, more innovative approaches to economic development are needed; thus, the proposal to modify the existing district to an urban renewal district represents this new approach. This Ordinance includes a proposal to terminate the TIFID and subsequently create the North Park Urban Renewal District (URD) to prevent and eliminate conditions that contribute to blight per §7- 15-4202 MCA, improve the economic condition of City residents, and deliver efficient public services through the following: 1. The investment in public infrastructure in support of economic development, with a focus on value-adding commerce; 2. The attainment of urban density to achieve greater efficiency in the delivery of public services; 3. The facilitation of live-work opportunities for workforce housing in proximity to places of employment in value-adding commerce; and 4. The creation of opportunities for livable wage jobs in value-adding commerce. 142 On April 10, 2017, the City Commission adopted Resolution No. 4792 (ATTACHMENT 3) finding that at least three conditions that contribute to blight exist in the North Park area. The North Park area has been described as blighted under the Montana Urban Renewal Law, because its geographic isolation “substantially impairs or arrests the sound growth” of the municipality per §7-15-4201 MCA, making it eligible for designation as a URD. Among other things, lack of appropriate infrastructure, including water, sewer, stormwater, transportation and communication networks, under-developed ingress and egress, inappropriate uses of land or building, and faulty lot layout in relation to size, adequacy, accessibility, or usefulness, can be remedied by investment in infrastructure using tax increment financing in a URD. The City Commission action to terminate the TIFID and create the North Park URD would occur simultaneously with the adoption, by the City Commission, of the North Park Urban Renewal District Plan (“the Plan). The North Park Plan was reviewed by the City Planning Board as required by §7-15-4213, MCA as to the Plan’s conformity with the growth policy or parts of the growth policy for the development of the municipality as a whole. The City Planning Board unanimously adopted a resolution to this effect at its July 18, 2017 meeting. (ATTACHMENTS 4 and 5) The Plan provides for the remediation of blighted conditions within the urban renewal area by advancing three (3) broad goals through a series of implementing activities and strategies. The three goals include the following: Goal #1 Promote Economic Development, with a Focus on Value-Adding Commerce; Goal #2 Invest in Efficient Delivery of Public Infrastructure; and Goal #3 Support Planned Urban Density and Design. Public notice was published in the journal of record (Bozeman Daily Chronicle) on two Sundays (September 9th and 23rd) and one public comment was received to date by the Chair of the Planning Board concerning the vote cast at the July 18, 2017 Planning Board hearing on conformance of the North Park URD Plan and zoning with the City’s growth Policy and . the public comment received to date are found in (ATTACHMENTS 6 and 7) ALTERNATIVES: The City Commission can consider three courses of action at this time: 1. Sunset (terminate) the Mandeville Farm Tax Increment Financing Industrial District, establish the North Park Urban Renewal Area by creating the URD and adopting the Plan with a Tax Increment Financing Provision. 143 a. Recommended by Staff 2. Sunset (terminate) the Mandeville Farm Tax Increment Financing Industrial District and take no further action. 3. Take no action and retain the Mandeville Farm Tax Increment Financing Industrial District. NEXT STEPS: If approved on first reading, Ordinance 1979 will be scheduled on the City Commission Consent Agenda on October 9, 2017 for final adoption. If approved on second reading, Ordinance 1979 becomes effective on November 9, 2017. Once effective, Staff will transmit all appropriate documents to the State Department of Revenue for establishment of the 2017 base year for the North Park URD. Please note that the original notice to the property owners, taxing jurisdictions and journal of record indicated an incorrect second reading date of October 2, 2017. Revised notices were mailed to the property owners and taxing jurisdictions and the legal ad in the journal of record was corrected for the second publication. Staff would like to make it clear that the second reading of Ordinance 1979 is scheduled for Monday, October 9th and NOT Monday, October 2nd as originally noticed. The noticing provisions are found in both 7-5-103(3), MCA and 2.02.140.A, BMC: “An ordinance must be adopted at two meetings of the commission not less than 12 days apart.” FISCAL EFFECTS: The North Park TIFID currently has a surplus of $1,829 and an anticipated FY 18 increment of $56,440 with collection expected in two installments of approximately $28,220 each in November, 2017 and May, 2018. This increment will be added to the current $1,829 surplus leaving an estimated balance of $58,269 at the time of termination. This remaining increment balance will be distributed in accordance with MCA 7-15-4291 through 4292. If the North Park TIFID is terminated as proposed and the North Park URD established, the established base year for the North Park URD will be 2017. ATTACHMENTS: 1. Ordinance 1979; 2. North Park Urban Renewal Plan (and Exhibit A to Ordinance 1979); 3. City Commission Resolution No. 4792; 4. Planning Board Resolution of Recommendation; 5. Map of the proposed North Park URD boundary; 6. Public Comment; and 7. Public Notice. Report compiled on Friday, September 15, 2017 144 Page 1 of 12 ORDINANCE NO. 1979 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TERMINATING THE MANDEVILLE FARMS TAX INCREMENT FINANCING INDUSTRIAL DISTRICT CREATED BY ORDINANCE NO. 1684, ESTABLISHING THE NORTH PARK URBAN RENEWAL AREA, CREATING THE NORTH PARK URBAN RENEWAL DISTRICT AND ADOPTING THE NORTH PARK URBAN RENEWAL DISTRICT PLAN WITH A TAX INCREMENT FINANCING PROVISION PURSUANT TO TITLE 7, CHAPTER 15, PARTS 42 AND 43 OF THE MONTANA CODE ANNOTATED, AND AMENDING SECTION 2.06.1330, BMC, REGARDING URBAN RENEWAL, TAX INCREMENT, AND ECONOMIC DEVELOPMENT DISTRICTS AND SECTION 2.05.1830, BMC, REGARDING URBAN RENEWAL, TAX INCREMENT, AND ECONOMIC DEVELOPMENT DISTRICT BOARDS. WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and Montana law to exercise urban renewal powers for redevelopment and rehabilitation through urban renewal plans and projects to provide for the sound growth of the city or its environs, provide economic and social stability, and promote public health, safety and welfare and otherwise execute the purposes of Title 7, Chapter 15, Part 42 and 43 of the Montana Code Annotated (MCA); and WHEREAS, the City is authorized by the City Charter and Montana law to exercise urban renewal powers 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 in accordance with 7-15-4210, MCA; and 145 Ordinance 1979, North Park Urban Renewal District and Plan Page 2 of 12 WHEREAS, on the 30th day of October 2006, the Bozeman City Commission (the “Commission”) approved Resolution No. 3973 stating the intent to create and establish a tax increment financing industrial district to promote growth in the area of the Mandeville Farm; and WHEREAS, the Commission adopted Ordinance No. 1684 effective on December 27, 2006, establishing the Mandeville Farms Tax Increment Financing Industrial District (the “TIFID”) in an area determined to be deficient in infrastructure improvements, to stimulate industrial growth and encourage the growth and retention of value-adding industries; however, the TIFID has failed to attract private investment, or contribute to the implementation of Bozeman’s economic development strategy; and WHEREAS, the City desires to terminate the TIFID for the purposes of furthering its efforts to implement Bozeman’s economic development strategy; while maintaining the opportunity to use tax increments to attract and retain value-adding commerce, which includes traded / basic sector businesses; and provide more innovative approaches to economic development to revitalize this area; and WHEREAS, in December of 2016, the City initiated a review of factors which might contribute to blight in the area formerly known as Mandeville Farms, and the resulting Statement of Blight noted that at least three conditions which contribute to blight were present in this area; and WHEREAS, in accordance with 7-15-4210, MCA, on the 10th day of April, 2017, the Commission adopted Resolution No. 4792, the Resolution of Necessity, finding that conditions of blight exist within the municipality in and near the North Park area and that the rehabilitation, redevelopment, or a combination thereof of the area (pursuant to the Montana Urban Renewal Law, 7-15-4203, MCA) is necessary and desirable in the interest of the public health safety, or welfare of the residents of Bozeman; and 146 Ordinance 1979, North Park Urban Renewal District and Plan Page 3 of 12 WHEREAS, the City seeks to further its economic development priorities of facilitating mid- to high wage job growth and industry diversification through rehabilitation and redevelopment; therefore, pursuant to 7-15-4212, MCA, the City caused the North Park Urban Renewal District Plan (the “Plan”) to be prepared; and WHEREAS, the City desires to use the tax increment financing provision as a tool to foster rehabilitation and redevelopment and as revenues permit may issue tax increment financed bonds and therefore has included it as an implementation strategy in the Plan; and WHEREAS, the Plan, attached as Exhibit “A”, includes a map representing the URD's boundary to be found on pages 12 and 13 and a legal description of the boundary of the URD to be found on page 8; and WHEREAS, the property to be included in the URD contains the TIFID in its entirety as well as the areas of expansion; and WHEREAS, the URD includes more than 275 acres and approximately 7 separate parcels, more than large enough to afford maximum opportunity, consistent with the sound needs of the City as a whole, for the rehabilitation or redevelopment of the urban renewal area by the private sector; and WHEREAS, except for rights-of-way the URD does not contain property included within any other existing urban renewal area district or targeted economic development district; and WHEREAS, the City has adopted a growth policy pursuant to Section 76-1-601, M.C.A.; and WHEREAS, the Bozeman Community Plan was duly adopted as the current growth policy by the Commission by Resolution No. 4163, dated June 1, 2009; and WHEREAS, the Plan was submitted to the Bozeman City Planning Board for review, and 147 Ordinance 1979, North Park Urban Renewal District and Plan Page 4 of 12 on the 18th day of July, 2017, said Board executed a resolution that found the Plan to be in conformance with the Bozeman Community Plan and the area of the URD is zoned for uses in accordance with the Bozeman Community Plan; and WHEREAS, notice, required by 7-15-4214(1), MCA of the public hearing(s), in substantially the form as required under 7-15-4215, MCA was mailed on September 8, 2017, and again on September 13, 2017, not less than 10 days prior to the date of the hearing, by certified mail to all property owners in the district based on a list obtained from the Montana Department of Revenue of the geocodes for all real property, the assessor codes for all personal property, and a description of all centrally assessed property located within the URD at the time of its creation; and WHEREAS, in proposing to adopt the Plan with a tax increment financing provision the City has taken into consideration the Bozeman School District and Gallatin County; and WHEREAS, on March 27 and September 14, 2017, the City informed the Gallatin County Commission of its intent to sunset the TIFID and created the URD; and WHEREAS, the City informed the Bozeman School District of its intent to sunset the TIFID and create the URD at a School Board meeting of May 23, 2017; and WHEREAS, notice, as provided in 7-15-4221, MCA, was mailed September 8, 2017 and again on September 13, 2017, to the Bozeman School District and Gallatin County providing them with the opportunity to consult with the City at the public hearing required by 7-15-4214 MCA on establishment of the URD. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings. 148 Ordinance 1979, North Park Urban Renewal District and Plan Page 5 of 12 1. The City’s poverty rate, at 20.1%, is significantly higher than the poverty rates for Gallatin County, Montana and the nation, which are 13.2%, 15.2% and 15.5% respectively. (American Community Survey – ACS, 2011-2015). 2. Median Household Income for residents living in Bozeman is $45,729, lower than the County’s median, which is $55,553, the state’s median, which is $47,169 and the nation’s median, which is $53,889 (ACS, 2011-2015). 3. Poverty and a low median household income constitute an economic and social liability, while contributing little to the tax income of the City, and consumes an excessive proportion of its revenues because of the extra services required for police and fire protection and other forms of public protection, services, and facilities. 4. The North Park Urban Renewal District through the North Park Urban Renewal District Plan seeks to provide long term economic stability and to use planning and the development of public infrastructure as tools for well managed growth. 5. The goals of the North Park Urban Renewal District as stated in the North Park Urban Renewal District Plan are: Goal #1 Promote Economic Development, with a Focus on Value-Adding Commerce Goal #2 Invest in Efficient Delivery of Public Infrastructure Goal #3 Support Planned Urban Density and Design 6. The North Park Urban Renewal District Plan provides for the opportunity to use tax increment financing to assist with redevelopment and revitalization activities, and encourage the retention and growth of economic development. 7. The North Park Urban Renewal District Plan supports the development of infrastructure that encourages urban renewal and economic development in the community. 8. The North Park Urban Renewal District Plan provides a plan for redevelopment of the existing industrially designated area to retain existing and attract new economic development. 9. The North Park Urban Renewal District Plan will implement the goals and objectives of the Bozeman Community Plan. 149 Ordinance 1979, North Park Urban Renewal District and Plan Page 6 of 12 10. The North Park Urban Renewal District Plan provides a strategy for redevelopment of the existing industrially designated area to eliminate the conditions that contribute to blight, and retain existing and attract new economic development. Section 2 Definitions. The definitions found throughout Title 7, Chapter 15, Parts 42 and 43, Montana Code Annotated apply unless otherwise provided or indicated by the context. The following terms wherever used or referred to in this Ordinance shall have the following meanings: (a) “Act” means Title 7, Chapter 15, Parts 42 and 43, Montana Code Annotated and may be cited as the "Urban Renewal Law". (b) "Urban renewal area" means a blighted area that the Commission has designated as appropriate for an urban renewal project or projects. (c) “Urban renewal district” means an area that the Commission has established as an urban renewal area. (d) "Urban renewal plan" means a plan for an urban renewal area/district adopted by the Commission in accordance with the provisions of the Act and this Ordinance in conformance with the Bozeman Community Plan which describes potential projects or programs. (e) "Urban renewal project or program" means undertakings or activities of the City in an urban renewal area for the elimination and for the prevention of the development or spread of blight and may involve redevelopment in an urban renewal area, rehabilitation or conservation in an urban renewal area, or any combination or part of redevelopment, rehabilitation, or conservation in accordance with an urban renewal plan. (f) “North Park Urban Renewal District” means the urban renewal district created by the Commission through this Ordinance pursuant to the Act. Section 3 Sunset of the Mandeville Farms Tax Increment Financing Industrial District (TIFID) 150 Ordinance 1979, North Park Urban Renewal District and Plan Page 7 of 12 The Mandeville Farms TIFID is hereby terminated. All remaining money in the fund as of the effective date shall be distributed among the various taxing bodies in accordance with 7-15- 4292, MCA. Section 4 Establishment and Creation of the District. The North Park Urban Renewal District (the “District”) is hereby established and created. Section 5 Name of the District. The name of the District shall hereby be the North Park Urban Renewal District. Section 6 District Plan. The North Park Urban Renewal District Plan, attached as Exhibit “A”, is hereby adopted. Section 7 Base Year. For the purpose of calculating the incremental taxable value for each year of the life of the District, the base taxable value shall be calculated as the taxable value of all real and personal property within the North Park URD, as of January 1, 2017. Section 8 Tax Increment Provision. 151 Ordinance 1979, North Park Urban Renewal District and Plan Page 8 of 12 Gallatin County is hereby authorized to segregate, as received, the tax increment derived in the District, and use and deposit such increment into the District Fund for use as authorized by the Act and as authorized herein or by the Commission from time to time. Section 9 Costs that May be Paid from Tax Increments. The tax increments received from the District may be used to directly pay costs of approved urban renewal projects, or to pay debt service on bonds issued to finance urban renewal projects as defined under the Montana Urban Renewal Law as may from time to time be approved by the Commission. The Commission hereby authorizes the use of tax increment in the District to be used to pay debt service on internal and bank financed loans issued to finance all or a portion of the costs of eligible improvements in compliance with the Montana Urban Renewal Law and subject to any limitations imposed by the Montana Constitution. Section 10 Extent of Power. Pursuant to Section 2.07.010, the Bozeman Municipal Code prohibits eminent domain for economic development. Notwithstanding any other provision of law, neither the city nor any of its subdivisions shall use eminent domain to take private property for economic development without the consent of the owner. The term "economic development" means the use of powers of eminent domain to acquire private property for private use in the implementation of an urban renewal project or similar redevelopment plan. Section 11 Term of the Tax Increment Financing Provision. The tax increment financing provision of the District will terminate in accordance with state law. After termination of the tax increment financing provision, all taxes shall continue to 152 Ordinance 1979, North Park Urban Renewal District and Plan Page 9 of 12 be levied upon the actual taxable value of the taxable property in the District, but shall be paid into funds of the taxing bodies levying taxes within the District. Section 12 Effect of Urban Renewal Project or Program. The creation of an Urban Renewal project or program or the approval of an Urban Renewal project or program does not affect, abrogate or supersede any rules, ordinances, or regulations of the City relating to zoning, building permits, or any other matters. Section 13 Code Amendment. That the Bozeman Municipal Code be amended by revising Section 2.05.1810 to read as follows: Sec. 2.05.1810. - North Park urban renewal industrial district board. There hereby exists a North Park urban renewal district board created pursuant to Ordinance 1979 for the implementation and administration of the North Park urban renewal district. There exists a tax increment financing industrial district board created pursuant to Ordinance 1337 for the implementation and administration of the tax increment financing industrial district program. This board shall be hereafter known as north park industrial district board and shall advise the city commission on all aspects of the implementation of the North Park industrial district and no other. (Ord. No. 1861, §§ 2, 3, 6-3-2013) Section 14 Code Amendment. That the Bozeman Municipal Code be amended by revising Section 2.06.1310 to read as follows: Sec. 2.06.1310. – North Park urban renewal economic development district. 153 Ordinance 1979, North Park Urban Renewal District and Plan Page 10 of 12 There hereby exists a Mandeville Farm Tax Increment Financing Industrial District North Park urban renewal district created pursuant to Ordinance 1684 1979, hereafter to be known as the North Park economic development district. The Mandeville Farm Tax Increment Financing Industrial District created pursuant to Ordinance 1684, also known as the North Park economic development district is terminated pursuant to Ordinance 1979. (Ord. No. 1862, §§ 2, 3, 6-3-2013) Section 15 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 16 Savings 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. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 17 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. 154 Ordinance 1979, North Park Urban Renewal District and Plan Page 11 of 12 Section 18 Codification. This Ordinance shall be codified as indicated in Section 13 – 14. Section 19 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on Monday, September 25, 2017. ____________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on Monday, October 9, 2017. The effective date of this ordinance is November 9, 2017. _________________________________ CARSON TAYLOR Mayor 155 Ordinance 1979, North Park Urban Renewal District and Plan Page 12 of 12 ATTEST: _______________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 156 NORTH PARK URBAN RENEWAL DISTRICT PLAN OCTOBER 2017 157 Table of Contents Chapter 1. Introduction and Overview ......................................................... 1 Chapter 2. Description of the North Park Urban Renewal District .......... 6 Chapter 3. Documentation of Blight ........................................................... 14 Chapter 4. Planning Consistency ................................................................ 17 Chapter 5. Goals and Strategies .................................................................. 22 Chapter 6. Project Evaluation Criteria ...................................................... 25 Chapter 7. Implementation .......................................................................... 28 Appendix A. Planning Consistency Review ................................................ 39 Appendix B. Consultation with Affected Taxing Jurisdictions ................ 44 Appendix C. Development Review Engineer Memo ................................. 48 158 North Park Urban Renewal District Plan – 2017 Page 1 Chapter 1. Introduction and Overview In November of 2006, the Bozeman City Commission adopted Ordinance No. 1684, establishing the Mandeville Farm Tax Increment Financing Industrial District (TIFID), to “encourage the attraction and retention of value-adding industries.” The TIFID is in an area generally referred to as the Mandeville Farm site, now known as the North Park area. It was the intent of the Bozeman City Commission, per Ordinance No. 1684, to use tax increment revenues in combination with other sources to finance the development of the necessary public infrastructure to encourage corresponding investments by the private sector in value-adding businesses, which were defined by the 2008 Administrated Rules of the State of Montana as those industries that: “use mechanical or chemical processes to transform materials or substances into new products in the manner defined as manufacturing in the North American Industry Classification System Manual. "Value-added" is more specifically defined as an increase in the worth of the raw or semi-finished product that results from a mechanical or chemical transformation and may not be attributable to a mere increase in existing production.” In 2011, the Montana Legislature expanded the definition of value-adding industries to include those businesses, “that, through the employment of knowledge or labor, add value to a product, process, or export service resulting in the creation of new wealth.” While it remains the intent of the City of Bozeman to focus on value-adding economic development in the area and contribute to the implementation of Bozeman’s economic development strategy, little private investment has occurred in the 10 years following the TIFID’s creation. North Park is within Bozeman’s urban core; however, the Interstate 90 corridor and the Montana Rail Link line, which border the property, serve as physical barriers to the desired development and planned uses. Acknowledging that economic development is a long-term proposition, the City wishes to maintain the opportunity to use tax increment financing to attract and retain value-adding commerce, which includes traded / basic sector businesses. Going forward, therefore, economic success in the area will rely on the ability to implement innovative approaches to value-adding economic development that incorporate efficient transportation systems, urban densities and live-work opportunities. These approaches are better served through the creation of an urban renewal district (URD) in the North Park area. However, under §7-15-4210, MCA, a municipality may not exercise any of the powers authorized under Montana’s Urban Renewal Law until its local governing body has adopted a Resolution of Necessity finding that: (1) one or more blighted areas exist in the municipality by finding that at least three of the factors listed in §7-15-4206(2), MCA apply to the area or a part of the area; and 159 North Park Urban Renewal District Plan – 2017 Page 2 (2) the rehabilitation, redevelopment, or both of an area or areas are necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality. In December of 2016, the City of Bozeman initiated a review of factors contributing to blight in the North Park area, as a first step in establishing a URD. The documentation of such conditions, within a municipality, in accordance with state law, provides the necessary foundation upon which a local government may establish a URD to engage in urban renewal activities. The review found that conditions in the North Park area can be described as blighted under the Montana Urban Renewal Law, because its geographic isolation “substantially impairs or arrests the sound growth” of the municipality per §7-15-4201, MCA. A Statement of Blight was prepared noting that the following six specific conditions of blight, as set forth in §7-15-4206(2), MCA, are present within the North Park area: ✓ inappropriate or mixed uses of land or building ✓ defective or inadequate street layout ✓ faulty lot layout in relation to size, adequacy, accessibility, or usefulness ✓ unsanitary or unsafe conditions ✓ improper subdivision or obsolete platting ✓ the existence of conditions that endanger life or property by fire or other causes On April 10th, 2017, the Bozeman City Commission adopted Resolution No. 4792, a Resolution of Necessity, finding that conditions of blight exist within the municipality in and near the North Park area and that the rehabilitation, redevelopment, or a combination thereof of such areas is necessary in the interest of the public health safety, or welfare of the residents of the City of Bozeman. This in turn, provided the basis for preparing this urban renewal plan and new URD boundary. The TIFID is set to expire in 2021; instead, the City of Bozeman will “sunset” (terminate) the Mandeville Farm TIFID prior to its expiration date. Simultaneously it will create the North Park Urban Renewal District (URD) in approximately the Mandeville Farm TIFID footprint to prevent and eliminate blighted areas per §7-15-4202, MCA, reduce poverty in the City of Bozeman, and deliver efficient public services. Statement of Purpose and Intent – North Park Urban Renewal District and Plan The purpose for creation of the North Park Urban Renewal District (URD) is to eliminate blighted conditions, reduce poverty, and deliver efficient public services through the following: • The investment in public infrastructure in support of economic development, with a focus on value-adding commerce • The attainment of urban density to achieve greater efficiency in the delivery of public services • The facilitation of live-work opportunities for workforce housing in proximity to places of employment in value-adding commerce • The creation of opportunities for livable wage jobs in value-adding commerce 160 North Park Urban Renewal District Plan – 2017 Page 3 The intent of the North Park Urban Renewal District Plan is to address blighted conditions to facilitate mid- and high wage job growth and economic strength and diversification in Bozeman. The Plan will enable community stakeholders to work together in support of the primary tenets of the City’s economic development strategy: 1. Retention and growth of existing businesses, while welcoming and encouraging new businesses; 2. Investment in infrastructure to drive economic development; and 3. Education and workforce development initiatives to provide businesses with qualified workers. (Bozeman Economic Development Strategy Update, 2016) This Plan will be adopted by ordinance, which will create the North Park Urban Renewal District and, as stated above simultaneously terminate or “sunset” the existing Mandeville Farm TIFID. This Plan includes a provision to use tax increment financing, as funds become available, in addition to other resources in implementing its goals and strategies. The Plan provides a context for activities that will be undertaken by a variety of public and private entities. It recommends a series of programs and projects that may be undertaken by the local government to encourage reinvestment in the district, which will in turn address conditions that have diminished the area’s ability to realize its economic potential over time. General Guiding Principles of the Urban Renewal Plan The North Park Urban Renewal District Plan reflects sound public policy and thoughtful planning. To this end the following general principles will guide revitalization and redevelopment efforts in the URD. These guiding principles will be more thoroughly described in Chapter 6. Readiness – The development of the North Park area will occur as resources become available and opportunities present themselves. Leveraging – Projects that make use of a variety of public and private resources including state and federal grants, loans and specialized tax credits, as well as tax increment funds will be encouraged to the extent that resources are available and they support the intent and purpose of this district. Design – The intent of the North Park URD is to emphasize planning that fosters Bozeman’s desired urban density and design. Partnerships – The successful redevelopment of the North Park URD will depend on partnerships among public and private entities, including land owners, business owners, State of Montana, City of Bozeman, Bozeman Midtown Urban Renewal District, and others. 161 North Park Urban Renewal District Plan – 2017 Page 4 Tax Increment Financing The City of Bozeman will utilize Tax Increment Financing (TIF) in conjunction with other funding sources to help foster urban renewal activities within the North Park URD. The base year for the purposes of measuring any incremental value within the district boundaries will be 2017. Tax Increment Financing is a state authorized, locally driven funding mechanism that allows cities and counties to direct property tax dollars that accrue from new development, in a specifically designated urban renewal or targeted economic development district, to community and economic development activities within that district. In Montana, TIF is authorized in parts §7-15-4201 and 4301, et. seq MCA, the State’s Urban Renewal Law. TIF is used in districts that are characterized by conditions defined as blighted (urban renewal districts or URDs) or are infrastructure deficient (targeted economic development districts or TEDDs), limiting or prohibiting new investment. A base year is established from which "incremental" increases in property values are measured. Virtually all the resulting new property tax dollars (except for the six-mill state-wide university levy) can be directed to redevelopment and economic revitalization activities within the area in which they are generated. Taxpayers located within a district where TIF is in effect pay the same amount as they would if the property were located outside the district. TIF only affects the way that taxes, once collected, are distributed. Taxes that are derived from base year taxable values continue to be distributed to the various taxing jurisdictions – local and state government entities and school districts. Taxes derived from the incremental increase in taxable value are placed in a special fund for purposes set forth in an urban renewal plan. (See Figure 1.) A TIF provision is authorized for 15 years, but may be extended for up to an additional 25 years if TIF bonds are sold any time during the first 15 years. Funds may be used for a variety of purposes as provided for in §7-15-4288, MCA and include improvements to vehicular and pedestrian transportation infrastructure, streetscapes, parks and landscaping, water and sewer lines and for connecting to infrastructure outside the district. While funds are typically used for public infrastructure investments, there are instances where local governments have used TIF funds to partner with private property owners to make improvements to historic buildings, to address life- safety issues and to enhance landscaping. The statutes also provide for the establishment of a TIF revolving loan program that can support private investment in the District. Loan funds can continue to “revolve” in perpetuity; however, eligible projects must be undertaken in accordance with and in the area encompassed by an urban renewal or comprehensive development plan for the district. 162 North Park Urban Renewal District Plan – 2017 Page 5 Figure 1. Tax Increment Financing Schematic Consultation with Affected Local Taxing Jurisdictions The 2017, Montana Legislature amended the state’s urban renewal law to specifically require a local governing body that intends to create or amend a URD or a TEDD, which has a TIF provision, or to issue TIF bonds, to consult with the affected taxing jurisdictions. Typically, these include school districts, cities, counties and other entities that levy mills within the jurisdiction that includes the district. The new requirement, which is included in §7-15-4221 and 4282, MCA, calls for the governing body that is establishing the district to consult with these jurisdictions at a publicly noticed meeting. The City of Bozeman informed the Gallatin County Commission of its intent to sunset the current TIFID and created the North Park URD on March 27, 2017. The City of Bozeman informed the Bozeman School District of its intent to create the North Park Urban Renewal District and terminate the existing TIFID at a School Board meeting of May 8, 2017. On September 8, 2017, a notice of the public hearing before the City Commission was sent to the Bozeman School District and Gallatin County. The City of Bozeman provided the Bozeman School District and Gallatin County with the opportunity to consult at the publicly noticed hearing held on September 25, 2017. A copy of the notice is provided in Appendix B. BASE Declining or Stagnating Property Values TIF Start Date Increment for Development TIF End Date Tax Value for Distribution Tax Value for DistributionTaxable ValueTime How a Tax Increment Finance Provision (TIF) Works Base + Increment 163 North Park Urban Renewal District Plan – 2017 Page 6 Chapter 2. Description of the North Park Urban Renewal District The Greater Community The City of Bozeman is the county seat of Gallatin County in southwest Montana. The City is named for John M. Bozeman who established the Bozeman Trail and was a key founder of the town in August 1864. The town became incorporated in April 1883 with a city council form of government and later in January 1922 transitioned to a city manager/city commission form of government. Bozeman was designated an All-America City in 2001 by the National Civic League. Bozeman is home to Montana State University and is served by Bozeman Yellowstone International Airport. (Wikipedia) The North Park area was in agricultural use for most of the 20th Century. The Mandeville family operated a dairy farm on the site, leasing a portion of the area from the State of Montana. The family also raised wheat, oats, barley, hay, corn and grass. The City of Bozeman purchased 85 acres on the north side of the site from the Mandeville family in 2003. The City had intended to use the land for a solid waste transfer station. However, that plan never came to fruition. The City sold the land to a private developer in 2016. Demographic and Economic Information The City of Bozeman is growing. According to 2016 Census estimates, there are 45,250 people living in the City of Bozeman, significantly higher than the 2010 Census figure of 37,280. The county’s population is projected to experience continued growth through 2060, from 97,197 in 2015 to 145,389 in 2060, an increase of nearly 50% (Montana Economic and Information Center). Census information, recorded over a one-hundred-year period, beginning in 1910, indicates that the City’s population has grown rapidly since 1950. Figure 2 presents population data for the City from 1910 to 2010, based on the decennial census. Source: Montana Census and Economic Information Center 0 5000 10000 15000 20000 25000 30000 35000 40000 Figure 2. City of Bozeman Population 1890 to 2010 Population 164 North Park Urban Renewal District Plan – 2017 Page 7 However, despite rapid growth, the City’s poverty rate at 20.1% is significantly higher than the poverty rates for Gallatin County, Montana and the nation, which are 13.2%, 15.2% and 15.5% respectively. (American Community Survey – ACS, 2011-2015). Median Household Income for residents living in Bozeman is $45,729, lower than the County’s, median, which is $55,553, the state’s, at $47,169 and the nation’s, at $53,889 (ACS, 2011-2015). The following table (Figure 3) shows employment in the City of Bozeman by industry. The “Educational services, health care and social assistance” sector employs the most people, followed by “retail trade” and “arts, entertainment, and recreation, and accommodation and food services.” Figure 3. Employment by Industry – City of Bozeman Source: ACS 2011-2015 ESTIMATE MARGIN OF ERROR PERCENT PERCENT MARGIN OF ERROR Civilian employed population 16 years and over 23,659 +/-759 23,659 (X) Agriculture, forestry, fishing and hunting, and mining 573 +/-161 2.4% +/-0.7 Construction 1,635 +/-381 6.9% +/-1.6 Manufacturing 1,490 +/-278 6.3% +/-1.2 Wholesale trade 331 +/-122 1.4% +/-0.5 Retail trade 3,322 +/-415 14.0% +/-1.7 Transportation and warehousing, and utilities 452 +/-160 1.9% +/-0.7 Information 311 +/-98 1.3% +/-0.4 Finance and insurance, and real estate and rental and leasing 1,087 +/-275 4.6% +/-1.2 Professional, scientific, and management, and administrative and waste management services 2,578 +/-557 10.9% +/-2.2 Educational services, and health care and social assistance 6,912 +/-529 29.2% +/-2.2 Arts, entertainment, and recreation, and accommodation and food services 3,225 +/-396 13.6% +/-1.5 Other services, except public administration 729 +/-170 3.1% +/-0.7 Public administration 1,014 +/-273 4.3% +/-1.2 165 North Park Urban Renewal District Plan – 2017 Page 8 North Park Urban Renewal Area Description The North Park urban renewal area is located to the north and west of the Interstate 90 – North 7th Interchange and is generally bound by Interstate 90 to the west, Red Wing Drive to the north and east, Flora Lane and North 7th Avenue to the east, and Mandeville Lane to the south. Much of the property is held by the State of Montana as Trust land. Trust Lands are managed by the Trust Land Management Division (TMLD) of the Montana Department of Natural Resources and Conservation (DNRC). The mission of the TMLD is to manage the State of Montana’s Trust Land resources to produce revenues in support of the Trust beneficiaries, which include public schools and various other state institutions. The remainder of the land is owned privately. Boundary and Legal Description of the North Park Urban Renewal District The boundary and legal description of the North Park URD are as follows: Boundary: Beginning on the southern boundary of Section 36, T1S, R5E, PMM, City of Bozeman, Gallatin County, thence due west to the center of the I-90 right-of-way (halfway between the east bound lane and the west bound lane), thence northwesterly between the east bound lane and the west bound lane to the western boundary of the North 19th Avenue right-of-way, thence northerly to the northern boundary of the I-90 Frontage Road / North 7th Avenue right-of-way, thence east- southeasterly to the southern edge of the unnamed public right-of-way at the intersection of Red Wing Drive and North 7th Avenue, thence westerly to the eastern edge of the Flora Lane right-of-way, thence southerly to the southern edge of the Mandeville Lane right-of-way, thence westerly to the western edge of the Mandeville Lane right-of-way, thence northerly to the southern boundary of Section 36, T1S, R5E, PMM and the point of beginning, less Minor Subdivision 320, Lot 1. Legal Description: A tract of land being the SW 1/4 of Section 36, less the Lewis & Clark Commercial Subdivision, Plat J- 376, less Minor subdivision 320, Lot 1 and including Tract 2, COS 1723 and the W1/ 2, SE 1/4 of Section 36, less the Gordon Mandeville State School Section Subdivision, TIS, R5E, PMM, Gallatin County along with adjacent public rights-of-way and approximately 1.1 linear miles of Burlington Northern / Montana Rail Link right-of-way. And COS 2153. Along with and subject to all easements of record or apparent on the ground. Montana Department of Revenue Assessment Codes: A list of parcels and properties within the district was obtained from the Montana Department of Revenue (DOR) cadastral records to help meet the requirements for certified mail notice and DOR recognition of the district. The compilation of the list of parcels and properties below included identifying geocodes and the following information. 166 North Park Urban Renewal District Plan – 2017 Page 9 • Owners’ names and mailing addresses of all properties with geocodes in the district. • All centrally assessed properties and identifying information within the district including an estimate of the number of miles of railroad tracks. • Personal property within the district and the corresponding assessor codes • Mobile homes/manufactured homes not attached to real property within the district and their assessor codes • Businesses that lease property from tax exempt entities and pay a beneficial use tax Properties 06-0904-36-2-01-10-0000 RFG44603 North Park Development Partners LLC 2131 Industrial Dr. Bozeman, MT 59715-2243 Legal Description: S36, T01 S, R05 E, C.O.S. 2153, PARCEL TRACT 1-A, ACRES 22.223 06-0904-36-2-01-20-0000 RFG21678 PropertyAddress:1225 Red Wing Rd North Park Development Partners LLC 2131 Industrial Dr. Bozeman, MT 59715-2243 Legal Description: S36, T01 S, R05 E, C.O.S. 2153, PARCEL TRACT 2-A, ACRES 10.002 06-0904-36-2-01-40-0000 RFG44604 North Park Development Partners LLC 2131 Industrial Dr. Bozeman, MT 59715-2243 Legal Description: S36, T01 S, R05 E, C.O.S. 2153, PARCEL TRACT 3-A, ACRES 24.761 06-0904-36-2-01-70-0000 RFG44605 North Park Development Partners LLC 2131 Industrial Dr. Bozeman, MT 59715-2243 Legal Description: S36, T01 S, R05 E, C.O.S. 2153, PARCEL TRACT 4-A, ACRES 28.36 167 North Park Urban Renewal District Plan – 2017 Page 10 06-0904-36-2-01-55-0000 RFG44606 State of Montana Po Box 201601 Helena, MT 59620-1601 Legal Description: S36, T01 S, R05 E, C.O.S. 1723, PARCEL 2, ACRES 21.492 06-0904-36-3-02-01-0000 RFG48200 State of Montana Po Box 201601 Helena, MT 59620-1601 Legal Description: S36, T01 S, R05 E, ACRES 167.26, SW4 N OF I-90 LESS TRACTS 06-0904-36-3-02-01-4001 RFG65192 Spacebank LTD 811 Mandeville LN Bozeman, MT 59715-2535 Legal Description: Located on state land: 06-0904-36-3-02-01-0000 / RFG48200 Type:RE - mini warehouses 06-0904-36-3-02-01-4000 RFG57054 Insite Towers LLC c/o Ryan LLC PTS PO Box 460389 Houston, TX 77056 Legal Description: Located on state land: 06-0904-36-3-02-01-0000 Improvements only Cell Tower Centrally Assessed 1.1 linear miles of Burlington Northern / Montana Rail Link right-of-way running through S36, T01 S, R05 E Montana Rail Link Mail to Real Estate Dept. PO BOX 16624 Missoula, MT 59808-6624 168 North Park Urban Renewal District Plan – 2017 Page 11 Montana Rail Link Inc PO Box 16390 Missoula, MT 59808-6390 Burlington Northern Railroad Co Property Tax Dept. PO Box 961089 Fort Worth, TX 76161-0089 1.1 linear miles of Northwestern Energy Transmission Pipeline with regulator/value station and appurtenances Northwestern Energy 40 E Broadway St Butte, MT 59701-9350 1.1 linear miles of Yellowstone Pipeline Yellowstone Pipeline Co General Delivery Bozeman, MT 59715 RSB62242 –Cell Tower (located on Geocode:06-0904-36-2-01-70-0000) Verizon Wireless c/o Christopher Zorzi Gold Creek Cellular of Montana PO Box 635 Basking Ridge, NJ 07920-0635 This information is intended to help document notice requirements and assist the Montana Department of Revenue with recognition. The veracity of this information, obtained from the Montana Department of Revenue cadastral records, shall not affect, impair or nullify this plan or the adoption process for this Urban Renewal District. Approximate Boundary Map of Area North Park is generally located to the north and west of the Interstate 90 – North 7th Interchange and is bound by Interstate 90 to the west, Red Wing Drive to the north and east, Flora Lane and N 7th Avenue to the east, and Mandeville Lane to the south. The North Park URD is adjacent to Bozeman’s Midtown URD, but does not include any properties that are already in the Midtown URD. In order to facilitate the leveraging of public investment the districts overlap on street rights- of-way. Furthermore, there are two properties, neither of which are within the Bozeman municipal limits wholly surrounded by these districts. The North Park area is shown below in Figures 4 and 5. Figure 4 depicts the area of the TIFID, and demonstrates the expansion of the North Park urban renewal area to include adjacent rights- of-way. The final boundary of the North Park URD is shown in Figure 5. 169 North Park Urban Renewal District Plan – 2017 Page 12 Figure 4. Approximate Boundary of the North Park Urban Renewal Area 170 North Park Urban Renewal District Plan – 2017 Page 13 Figure 5. Boundary of the North Park Urban Renewal District Land Use in the Urban Renewal Area The North Park area, which includes more than 275 acres, is mostly in agricultural use, but does include mini-warehouses, two communication towers and a portion of the railroad line. Mandeville Creek bisects the property from south to north and has associated floodplain and wetlands. It is directly to the north and west of the Midtown Urban Renewal District area, which is characterized by a mixture of strip commercial (including big box stores, fast food restaurants, and motels), adjacent residential and some light industrial uses. 171 North Park Urban Renewal District Plan – 2017 Page 14 Chapter 3. Documentation of Blight Montana law sets forth the specific factors that characterize blight. State statute defines a blighted area as one that substantially impairs or arrests the sound development of communities, or constitutes an economic or social liability. Per §7-15-4206, MCA, a “blighted area” may be identified as such due to: (a) the substantial physical dilapidation; deterioration; defective construction, material, and arrangement; or age obsolescence of buildings or improvements, whether residential or nonresidential; (b) inadequate provision for ventilation, light, proper sanitary facilities, or open spaces as determined by competent appraisers based on an examination of the building standards of the municipality; (c) inappropriate or mixed uses of land or buildings; (d) high density of population and overcrowding; (e) defective or inadequate street layout; (f) faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (g) excessive land coverage; (h) unsanitary or unsafe conditions; (i) deterioration of site; (j) diversity of ownership; (k) tax or special assessment delinquency exceeding the fair value of the land; (l) defective or unusual conditions of title; (m) improper subdivision or obsolete platting; (n) the existence of conditions that endanger life or property by fire or other causes; or (o) any combination of the factors listed in this subsection (2).” (Montana Laws) This review identified that the following factors that contribute to blight, as set forth in §7-15- 4206, MCA, are present within the North Park area: ✓ inappropriate or mixed uses of land or building ✓ defective or inadequate street layout ✓ faulty lot layout in relation to size, adequacy, accessibility, or usefulness ✓ unsanitary or unsafe conditions ✓ improper subdivision or obsolete platting ✓ the existence of conditions that endanger life or property by fire or other causes Inappropriate Uses of Land While the North Park area is a keystone of land surrounded by numerous urban commercial districts (North 7th Avenue/Midtown area, I-90 interchanges at N. 7th and N. 19th, and Baxter Lane/North 19th), the area is largely vacant and underutilized. Vacant land in the urban core results in lower land values and less efficient use of public infrastructure and services. Its value is further diminished by lack of or poor access. 172 North Park Urban Renewal District Plan – 2017 Page 15 Defective or Inadequate Street Layout The North Park area has no transportation infrastructure. It lacks paved streets, sidewalks, curb/gutters and storm drainage facilities. The Bozeman Municipal Code requires that streets shall be provided in accordance with the adopted growth policy and/or transportation plan. The future arrangement, type, extent, width, grade and location of all streets shall be considered in relation to existing and planned streets topographical conditions, public convenience and safety, and the planned uses to be served by such streets. A memo from the city’s Development Review Engineer addressing infrastructure deficiencies is found in Appendix C. Faulty Lot Layout in Relation to Size, Adequacy, Or Usefulness The land in the North Park area includes the remainder of an aliquot part of greater than 167 acres, and large lots of 10 to 30 acres in size that are too big to be useful for development at urban core standards. The existing lot layout was incompletely created by remainder and partially designed for a specific purpose which did not come to fruition. When these issues and the lack of adequate access are combined, the lot layout can be described as faulty. Faulty Lot Layout in Relation to Accessibility The North Park area is characterized by poor access. The only developed access point is located at the intersection of Mandeville Lane/West Griffin Drive and North 7th Avenue. Interstate-90 borders the west side, the Burlington Northern / Montana Rail Link right-of-way runs along the northern perimeter and the highway overpass is located to the northeast. As a result, there is no access along more than fifty percent of the perimeter of the North Park area. This geographic isolation substantially impairs or arrests the sound growth of the area. The intersection of Mandeville Lane/West Griffin Drive and N. 7th Avenue is within one half- mile of the North Park area and has been identified as operating at a level-of-service (LOS) less than “C” by Montana Department of Transportation (MDT). The intersection must be upgraded to meet the minimum LOS requirements prior to development within the URD boundary. Following are potential future access points to the North Park area. • A redesign of the I-90 / North 19th Avenue off-ramp and interchange. • An I-90 Overpass from Mandeville Lane to Baxter Lane at the southwest corner of the North Park area. • An I-90 Overpass from Catron Lane / Deadman’s Gulch Court to the Red Wing Drive / Flora Lane intersection at North 7th Avenue. • A signalized intersection at the North 7th Avenue intersection with Red Wing Drive / Flora Lane. Might include widening of the overpass and traffic controls. • A signalized railroad crossing at the northwest corner of the North Park area. The existing crossing is an agricultural-use type, which is unimproved, uncontrolled and at-grade. The 2012 estimate for a Railroad Crossing Signal was $100,000. However, any improvements to the railroad crossing would probably have to include improvements to the intersection on the Frontage Road such as a traffic signal, medians, and lanes for stacking and/or turning. 173 North Park Urban Renewal District Plan – 2017 Page 16 Unsanitary or Unsafe Conditions Due to Lack of Municipal Infrastructure The North Park area has no municipal infrastructure. Future development will require the installation of complete municipal water and sanitary sewer system facilities to serve the planned development. Municipal storm sewer system facilities may also be required by the city. In addition, there are other municipal infrastructure improvements required to eliminate unsanitary or unsafe conditions, including: the offsite upgrade of the downstream sanitary sewer interceptor known as the North Frontage Road Interceptor and the completion of two on-site water mains. A memo from the city’s Development Review Engineer addressing infrastructure deficiencies is found in Appendix C. Unsanitary or Unsafe Conditions Due to the Presence of the Bozeman Solvent Site State Superfund Facility The Bozeman Solvent Site (BSS) has been designated as a Controlled Groundwater Area (CGWA) due to presence of dissolved perchloroethylene (PCE) in the groundwater at concentrations greater than Montana groundwater standards. The BSS is also a State Superfund site, under the Comprehensive Environmental Cleanup and Responsibility Act (CECRA). Due to the extent of the BSS, the North Park Area has groundwater and land use restrictions. In addition to the groundwater and land use restrictions, the North Park area is within the boundaries of the Solvent Site Water Main Payback District. That payback district was created when the existing 12-inch water main was constructed through the site. The water main was constructed to eliminate use of groundwater under the site that has been contaminated with PCE. The cost of construction of the existing 12-inch water main must be reimbursed by developers at the following rate: $0.082/square foot + Consumer Price Index Adjustment (CPIA). Improper Subdivision or Obsolete Platting The land in the North Park area includes the remainder of aliquot parts left over from the construction of I-90, and large lots of 10 to 30 acres in size that are not in conformance, accordance or compliance with current plans, standards or codes. The Existence of Conditions that Endanger Life or Property by Fire or Other Causes In addition to the lack of access, a transportation network and municipal services, other conditions that endanger life or property include the uncontrolled railroad crossing and use of barbed wire to fence portions of the property. Conclusion In §7-15-4210, MCA, a municipality must find that at least three factors contributing to blight be identified to establish an urban renewal district. Based on the information presented in this Statement of Blight, a finding can be made that the North Park area exhibits at least three attributes, which can be described as blighted per Montana Statute, and therefore the area is eligible for inclusion in an urban renewal district. 174 North Park Urban Renewal District Plan – 2017 Page 17 Chapter 4. Planning Consistency Per Section §7-15-4213, MCA, prior to its approval of an urban renewal project, the local governing body shall submit the urban renewal project plan to the planning commission of the municipality for review and recommendations as to its conformity with the growth policy and the planning commission shall submit its written recommendations to the local governing body. To comply with state statute, this North Park Urban Renewal District Plan must be reviewed by the Bozeman City Planning Board and found to be in conformance with the Bozeman Community Plan. The staff review presented to Planning Board is found in Appendix A. The efforts of local Planning Boards to prepare land use recommendations for the Bozeman area began in 1955, when the first municipal Planning Board was formed. In April of 1958, S.R. DeBoer & Company (planning consultants from Denver, CO) prepared Bozeman’s first Master Plan. It included studies on transportation, street planning, zoning districts, parks and recreation, schools, park roads, and sanitation and health. The City made noteworthy progress in comprehensive planning with the October 2001 adoption of the Bozeman 2020 Community Plan (2020 Plan). The 2020 Plan wholly replaced all previous comprehensive plans and complied with new state planning statutes. The 2020 Plan recognized the changing nature of the economy and expanding knowledge of community development standards and consequences of land use decisions. The 2020 Plan also placed a higher emphasis on coordinated land use and physical infrastructure planning. The Bozeman Community Plan was duly adopted as the current growth policy by the Bozeman City Commission by City of Bozeman Resolution No. 4163, dated June 1, 2009. In addition, Bozeman has completed many infrastructure and topic plans that have some influence on the area included under the North Park Urban Renewal District Plan. An applicable plan is the Design Objectives Plan for Entryway Corridors. On July 18th, 2017, the City Planning Board reviewed the North Park Urban Renewal District Plan as outlined in this chapter and found it to be in conformance with the growth policy as required by §7-15-4213, MCA. Growth Policy Review The Bozeman Community Plan was reviewed to determine whether the growth policy adequately supports North Park as an urban renewal project (per §7-15-4213, MCA). The Bozeman Community Plan has been found to include: • Goals and objectives that support urban renewal, economic development, and development of infrastructure that encourages urban renewal and economic development in the community. • Strategies, including tax increment financing, that can be implemented to achieve the goals and objectives stated in the Bozeman Community Plan. • Future land uses, identified through maps and/or described in the text, that will execute the growth policy. 175 North Park Urban Renewal District Plan – 2017 Page 18 Goals and Objectives A review of the overall goals and objectives of the growth policy (as compiled in Appendix A.) finds no conflicts with an urban renewal project in the North Park area. The specific goals and objectives found in the Bozeman Community Plan, selected from the compilation of general goals and objectives, that further urban renewal and promote economic development for the elimination of conditions that contribute to blight, reduce poverty in the City of Bozeman, and deliver efficient public services and facilitate mid- and high wage job growth and economic strength and diversification in Bozeman as described in purpose and intent of the North Park Urban Renewal District Plan are as follows: ➢ Land Use Objective LU-4.4: Review and revise the City’s regulations to encourage and support sustainability in new construction and rehabilitation or redevelopment of existing areas. ➢ Land Use Objective LU-4.8: Promote the efficient use of water, energy, land, human resources, and natural resources and protect water supply quantity and quality. ➢ Community Objective C-1.3: Support compatible infill within the existing area of the City rather than developing land requiring expansion of the City’s area. ➢ Community Objective C-2.1.: Require adequate and efficient circulation in all subdivisions and site plans and provide connectivity between developments and major destinations for both the pedestrians and vehicles, including human powered vehicles. ➢ Community Objective C-6.3: Encourage and support energy conservation and efficiency in all aspects of development. ➢ Economic Development Objective ED-1.1: Support business creation, retention, and expansion. Emphasize small businesses, ‘green’ businesses, and e- businesses. ➢ Economic Development Objective ED-1.2: Coordinate the provision of infrastructure necessary to support economic development. ➢ Economic Development Objective ED-1.4: Encourage ongoing improvements in private infrastructure systems, such as telecommunications, and promote state-of- the-art facilities. ➢ Economic Development Objective ED-1.5: Encourage, through the use of incentives, the development of business and industry that provides wages that are proportionate to, or are higher than, the cost of living and provide options to expand skills and opportunities for Bozeman’s workforce. ➢ Economic Development Objective ED-1.6: Utilize the City’s economic development and urban renewal plans to stimulate investment and maintain a health and vibrant economy. ➢ Economic Development Objective ED-1.8: Leverage local, state, and federal economic development resources to enhance economic growth in Bozeman. ➢ Economic Development Objective ED-2.4: Foster a diverse economy that will protect the economic climate for existing businesses and maintain opportunities for business expansion. ➢ Economic Development Objective ED-2.9: Create a more collaborative and effective working partnership between the business community and the City of 176 North Park Urban Renewal District Plan – 2017 Page 19 Bozeman and effectively manage the City of Bozeman’s regulatory environment to accomplish goals without hindering business expansion and economic growth. ➢ Recreation Goal R-3: Promote business growth and economic development. ➢ Transportation Objective T-1.4: Ensure that adequate interconnections are made throughout the transportation system to ensure a variety of alternatives for trip routing and reduce total travel distance. ➢ Transportation Objective T-2.4: Seek and provide adequate funding to improve and maintain the functionality of all elements of the transportation system. ➢ Public Services Goal PS-3: Establish regular and sufficient funding sources to acquire, develop, and maintain public services, and meet the community’s needs. ➢ Regional Coordination and Cooperation Objective RCC-1.4: Encourage development within Bozeman so that services can efficiently be provided. The North Park Urban Renewal District Plan, has, as its mission, to provide long term economic stability and to use planning and development of public infrastructure as tools for well managed growth. This mission is in conformance with the goals and objectives of the Bozeman Community Plan. In keeping with this mission, the goals of the North Park Urban Renewal District as stated in the Urban Renewal District Plan are: GOAL #1 Promote Economic Development, with a Focus on Value-Adding Commerce Rationale: Value-adding commerce strengthens the community, opens reinvestment opportunities, supports livable wage jobs, and provides for economic needs of the citizens, helping to eliminate conditions that contribute to blight. GOAL #2 Invest in Efficient Delivery of Public Infrastructure Rationale: Infrastructure is the backbone of the community. Private development typically requires a corresponding public investment in infrastructure. Capital improvements in the district will help achieve economic vitality and address conditions that contribute to blight. GOAL #3 Support Planned Urban Density and Design Rationale: Higher density achieves greater efficiency in the delivery of public services. Live-work opportunities can reduce or eliminate commute times, lower transportation costs and create vitality and a sense of community. Design elements such as open space and pedestrian facilities promote recruitment of value-adding businesses interested in quality of life for their employees. Implementation Strategies and Tools Implementation strategies and tools found in the Bozeman Community Plan that are applicable to the North Park Urban Renewal District Plan and demonstrate conformance of the plan to the growth policy are as follows: 177 North Park Urban Renewal District Plan – 2017 Page 20 ➢ Provides a foundation for programs as well as more detailed plans, such as urban renewal district plans with tax increment financing programs. ➢ Describes the use of alternative funding mechanisms when distinct beneficiary populations or interest groups can be identified and more equitably served (such as tax increment financing). ➢ Encourages development within the City of Bozeman. ➢ Encourages infill and redevelopment. ➢ Continues programs which support adaptive reuse and reinvestment. ➢ Encourages commercial and residential development or redevelopment of identified infill areas through the use of and publicizing of incentives, such as, but not limited to, public infrastructure funding support ➢ Supports standards for infill development and redevelopment. ➢ Supports the creation and expansion of local businesses. ➢ Maintains and seeks to expand resources available through urban renewal districts. ➢ Increases awareness of existing economic and other benefits of and further develop incentives for locating and operating within City limits. ➢ Recognizes sustainability as a component of economic development. The adoption of the North Park Urban Renewal District Plan would enable the City of Bozeman to implement the strategies and associated tools in the Bozeman Community Plan, as intended by the Montana Urban Renewal statutes. The North Park Urban Renewal District Plan provides for the opportunity to use tax increment financing to assist with redevelopment and revitalization activities, and encourage business retention and growth. The North Park Urban Renewal District Plan supports the development of infrastructure that encourages urban renewal and economic development in the community. Future Land Use The Bozeman Community Plan provides a visual policy statement by identifying the future land use patterns through maps and/or text to help achieve the goals and objectives of the growth policy. The Bozeman Community Plan designates the future land use for the area included in the North Park Urban Renewal District as “Industrial”. The Bozeman Community Plan’s Table C-16 Zoning Correlation with Land Use Categories indicates that “Industrial” land uses can be implemented through one of the five industrial type zoning districts, including M-1 and M-2. The evaluation of the North Park Urban Renewal District Plan with its respect to conformance with the future land use designation finds that the North Park Urban Renewal District Plan provides for redevelopment of the existing industrially designated area to promote economic development, with a focus on value-adding commerce. Furthermore, the North Park Urban Renewal District Plan does not suggest any revision to the existing future land use designations. Zoning Review Land use within the City of Bozeman is regulated through zoning under the Bozeman Unified Development Code. The zoning of the area included in the North Park Urban Renewal District must be reviewed for accordance with the Bozeman Community Plan. 178 North Park Urban Renewal District Plan – 2017 Page 21 The City adopted its first zoning ordinance in 1941. The current zoning ordinance, the Unified Development Code of the City of Bozeman, Chapter 38 of the Bozeman Municipal Code was originally adopted in 2005, with the most recent extensive amendment by Ordinance No. 1769, effective on December 28, 2009. The zoning of the area included in the North Park Urban Renewal District must be found to be in accordance with the Bozeman Community Plan. On July 18th, 2017, the City Planning Board reviewed the zoning of the area included in the North Park Urban Renewal District as follows in this section and found the zoning to be in accordance with the growth policy. In summary, a purpose of the Bozeman Unified Development Code is to implement the goals and objectives of the Bozeman Community Plan; the city’s adopted growth policy. Much of the land within the North Park Urban Renewal District is zoned “M-1 Light Manufacturing, and the northerly portion of the land within the North Park Urban Renewal District is zoned “M-2, Manufacturing and Industrial”. “M-1” and “M-2” zoning allows a variety of industrial uses and related support commerce as described in the Bozeman Unified Development Code. In evaluating the uses supported by the North Park Urban Renewal District Plan for accordance of the area’s zoning with the Bozeman Community Plan, it is found that the zoning of the area in the District supports the purposes of the Bozeman Unified Development Code. The North Park Urban Renewal District Plan is primarily intended to support commerce, which is industrial in character. The North Park Urban Renewal District Plan provides a plan for redevelopment of the existing industrially designated area to eliminate conditions that contribute to blight, and attract new economic development. The North Park Urban Renewal District Plan does not suggest any revision to the existing zoning classifications. Conclusions 1. The North Park Urban Renewal District Plan has been evaluated with respect to the relevant goals and objectives of the Bozeman Community Plan, and the North Park Urban Renewal District Plan is found to be in conformance with the Bozeman Community Plan. 2. The zoning in the North Park Urban Renewal District has been evaluated with respect to the Bozeman Community Plan, and the zoning in the North Park Urban Renewal District is found to be in accordance with the Bozeman Community Plan. 179 North Park Urban Renewal District Plan – 2017 Page 22 Chapter 5. Goals and Strategies Introduction This chapter presents the goals and strategies for addressing conditions of blight and infrastructure deficiencies within the North Park Urban Renewal District. They are drawn from the Bozeman Community Plan and other appropriate planning documents, technical input from the City’s staff, and the Statement of Blight prepared and adopted by the Resolution of Necessity (Resolution No. 4792, April 10th, 2017). As stated above, this Urban Renewal District Plan provides a context for activities that will be undertaken by a variety of public and private entities. It suggests a variety of planning and program initiatives and capital projects that may be undertaken by the local government to encourage investment in the district, which will in turn address conditions that have diminished its development potential over time. Following are the goals of this Urban Renewal District Plan and associated strategies. These goals support the overall purpose and intent of the North Park Urban Renewal District as presented in Chapter 1 and restated below: Statement of Purpose and Intent – North Park Urban Renewal District and Plan The purpose for creation of the North Park Urban Renewal District (URD) is to eliminate conditions that contribute to blight, reduce poverty in the City of Bozeman, and deliver efficient public services through the following: • The investment in public infrastructure in support of economic development, with a focus on value-adding commerce • The attainment of urban density to achieve greater efficiency in the delivery of public services • The facilitation of live-work opportunities for workforce housing in proximity to places of employment in value-adding commerce • The creation of opportunities for livable wage jobs in value-adding commerce The intent of the North Park Urban Renewal District Plan is to address conditions that contribute to blight and facilitate mid- and high wage job growth and economic strength and diversification in Bozeman. The Plan will enable community stakeholders to work together in support of the primary tenets of the City’s economic development strategy: 1. Retention and growth of existing businesses, while welcoming and encouraging new businesses; 2. Investment in infrastructure to drive economic development; and 3. Education and workforce development initiatives to provide businesses with qualified workers. (Bozeman Economic Development Strategy Update, 2016) 180 North Park Urban Renewal District Plan – 2017 Page 23 Goals of the North Park Urban Renewal District Plan GOAL #1 Promote Economic Development, with a Focus on Value-Adding Commerce Rationale: Value-adding commerce strengthens the community, opens reinvestment opportunities, supports livable wage jobs, and provides for economic needs of the citizens, helping to eliminate conditions that contribute to blight. GOAL #2 Invest in Efficient Delivery of Public Infrastructure Rationale: Infrastructure is the backbone of the community. Private development typically requires a corresponding public investment in infrastructure. Capital improvements in the district will help achieve economic vitality and address conditions that contribute to blight. GOAL #3 Support Planned Urban Density and Design Rationale: Higher density achieves greater efficiency in the delivery of public services. Live-work opportunities can reduce or eliminate commute times, lower transportation costs and create vitality and a sense of community. Design elements such as open space and pedestrian facilities promote recruitment of value-adding businesses interested in quality of life for their employees. Strategies The realization of these goals will depend on a strategic approach that includes planning, program design and implementation, and capital investment. The specific actions outlined below reflect a set of basic tenets, which are key to thoughtful and sustainable economic development and the successful elimination of conditions that contribute to blight. ✓ Investments in public infrastructure in support of value-adding economic development ✓ Key transportation connections that improve district access ✓ Economies of scale and sustainability to enhance efficiency ✓ Accommodations in infrastructure development to enable response to changes in technology ✓ Innovative funding strategies to take advantage of potential opportunities ✓ Mixed use developments, including housing opportunities, to increase vitality ✓ Linkages to other sectors including education, to take advantage of associated job training programs, research and development, and technology transfer Planning Initiatives ✓ Support area and issue specific planning efforts that address such as: o Capital improvements o Key transportation connections o Targeted marketing o Sustainable approaches or technology advances o Complimentary and interdependent activities and commerce ✓ Consider the issuance of tax increment financing bonds, as revenues permit 181 North Park Urban Renewal District Plan – 2017 Page 24 ✓ Engage in the on-going evaluation of land use code requirements to remove obstacles such as: o Building height restrictions o Density constraints o Mixed-use development constraints o Parking requirements o Use or location of technology advances ✓ Encourage public-private partnerships such as: o Land owners and the trust land management division (TMLD) of the Montana Department of Natural Resources and Conservation o Participants in potentially symbiotic commerce and/or activities Program Initiatives ✓ Examine the usefulness of monetary stimulus programs such as: o Revolving loans that reduce the cost of debt service, in order to assist developers in extending public infrastructure o Employing economies of scale to reduce individual costs of installing and extending public infrastructure o Developer financing of public infrastructure in support of value-adding projects ✓ Examine the usefulness of incentive programs such as: o Fast-track development review o Targeted marketing o Work force training o Impact fee mitigation ✓ Establish monetary stimulus program(s) determined to be useful ✓ Establish incentive program(s) determined to be useful Capital Projects ✓ Encourage the preparation of properties for redevelopment through investment in public infrastructure ✓ Leverage public and private funds for public infrastructure o Infrastructure connectivity o Cost sharing with other public projects ✓ Leverage state and federal funds for public infrastructure ✓ Encourage the accommodation of technological advances o Support implementation of the Bozeman Fiber Master Plan and Feasibility Study, the community effort to address the broadband network, the crucial infrastructure necessary for next generation fiber-optic connectivity. 182 North Park Urban Renewal District Plan – 2017 Page 25 Chapter 6. Project Evaluation Criteria Chapter 7 of this Plan provides a list of potential funding sources, including Tax Increment Financing (TIF), that can be used in financing urban renewal projects and programs. However, given the numerous urban renewal activities that could potentially occur within the North Park Renewal District, it will be necessary to review each proposed project or program with respect to the Plan’s guiding principles, initially introduced in Chapter 1, as well as identified goals and strategies found in Chapter 5. Guiding Principles This North Park Urban Renewal District Plan reflects sound public policy and thoughtful planning. To this end the following principles will guide urban renewal projects and programs in the URD, taken from the general principles found in Chapter 1 of this Plan. Readiness – The development of the North Park site will occur as resources become available and opportunities present themselves. In some cases, public projects will occur in support of private investment that would otherwise not occur without that corresponding investment in infrastructure. Developers who have secured public approvals and/or project funding have demonstrated a level of readiness. Program initiatives or funding opportunities may help bring urban renewal projects forward. Leveraging – Projects that make use of a variety of public and private resources including state and federal grants, loans and specialized tax credits, as well as tax increment funds will be encouraged to the extent that resources are available and they support the intent and purpose of this district. Certain public projects will be able to leverage funds from both the North Park and the Bozeman Midtown urban renewal districts. These would include improvements to shared rights-of-way and other connecting infrastructure. Design – The intent of the North Park URD is to emphasize planning that fosters Bozeman’s desired urban density and design. The attainment of urban density helps to achieve greater efficiency in the delivery of public services. Programs will be crafted to eliminate blighted conditions through the attraction of secondary, value-adding industries and other complimentary development. The opportunity for the development of work-force housing is also important. Increasingly, people seek job opportunities that offer housing within walking distance of their places of employment. The North Park URD is located near both the I-90 – North 7th Avenue Interchange and the I-90 – North 19th Avenue Interchange, two of the three interchange entryways into the City of Bozeman. North 7th Avenue, which is the primary thoroughfare adjacent to the district, connects Interstate 90 with Main Street and Downtown Bozeman, and with Montana State University. Therefore, urban renewal projects should be designed to complement this important role. Partnerships – The successful redevelopment of the North Park URD will depend on partnerships among public and private entities, including land owners, business owners, the State of Montana, City of Bozeman, Bozeman Midtown Urban Renewal District, and others. Significant private investment will likely require associated public financing of municipal and quasi-public 183 North Park Urban Renewal District Plan – 2017 Page 26 improvements, such as multi-modal transportation facilities, sewer and water improvements, utilities and communication (including broadband) infrastructure. The partnership between the North Park and the Bozeman Midtown urban renewal districts with allow for the use of funds from both districts in support of shared and connecting infrastructure. In collaboration with TLMD, the North Park URD will help elevate development of the state property to its highest and best use through the fostering of second, value-adding industry. Criteria Description Based on these guiding principles, the following criteria will be used in evaluating projects and programs and in setting priorities, in the context of limited financial resources. These criteria are listed in no order of importance. 1. Purpose and intent – Does the project foster secondary, value-adding development? 2. Project design and readiness – Is the project ready to move forward? For example, are any necessary permits in place? Has due diligence been completed? Does the project lend itself to phasing or segmentation that enables portions of the project to stand alone? 3. Leverage ratios of public to private funds invested – Are urban renewal dollars leveraging private investment? For example, does the installation of public infrastructure correspond to investment in business? What is the percent of public dollars invested in the infrastructure as compared to private dollars? 4. Health and safety concerns – Does the project address a condition of blight that endangers the “health, safety….and welfare” of the residents? Does it improve fire and life safety requirements? Does it reduce emergency response time? 5. Opportunity to take advantage of initiatives and funding sources – Does the project or program enable the City to take advantage of an initiative or funding source that can be matched or leveraged by urban renewal dollars and/or private investment? 6. Critical infrastructure and/or connectivity needs – Does the project enable better connectivity within the urban renewal district and/or between the urban renewal district and the community? For example, projects that support improved multi- modal transportation or better access to the community telecommunications network might be given greater priority. 7. Opportunity to support planned urban density and design – Does the project or program provide for increased efficiency in delivery of services, increase live- work opportunities and/or community interaction? 8. Job creation – Does the program or project create new employment opportunities and/or opportunities for workforce training? Projects that create more jobs per public funds invested will be more desirable. There may also be opportunities to partner with businesses, organizations and educational entities to provide vocational and professional training. 9. Resulting increase in taxable value – Does the project improve the overall property tax base within the district, increasing the amount of tax increment dollars available for urban renewal activities? Over the long term, improving 184 North Park Urban Renewal District Plan – 2017 Page 27 the tax base can assure continued economic health within the urban renewal district and the community’s well-being into the future. 10. Resulting increase in tax increment revenue – Will the project increase the amount of tax increment dollars available for urban renewal activities or is there an intent to seek a property tax abatement? 11. Ability of project to enhance North Park’s role as a key economic activity generator – Does the project support, rather than compete with, other community and Montana State University economic development initiatives? Does the project foster secondary, value-adding industries or does it compete with the intent and purpose of the other urban renewal districts in the city of Bozeman? 12. Consistency with adopted plans including the North Park Urban Renewal District Plan – Does the project reflect the vision, goals and objectives set forth in the Bozeman Community Plan and other adopted plans? 13. Sustainability, one-time infusion of funds versus on-going need for funding – Will the project require on-going support to be sustainable? Are other, longer- term funding strategies considered in project planning? How the Criteria are Used The extent to which these criteria are applied will depend on the specific project or program being considered. They are intended to provide a decision-making framework to set priorities. In most cases, only some of the criteria would apply for a specific project or program. For instance, some projects might rank higher with respect to job creation, while others may result in greater private investment. Public investment in infrastructure to improve connectivity may or may not result in an increase in taxable value. Through the process of preparing annual work plans, more specificity may be assigned to some or all the criteria, based on changing community and district priorities. Given the wide range of potential activities, the criteria will be particularly effective in evaluating similar project proposals, such as multiple proposals to install public infrastructure, or in reviewing applications for grants and loans. The criteria can also be used to develop more specific guidelines for grant and loan programs established under this plan. The criteria become particularly important as recommendations are made to the City Commission regarding the funding of projects and programs during the budget approval process. Demonstrating how each proposed activity meets the criteria will assist the Commission in evaluating its appropriateness with respect to the goals and objectives of the urban renewal plan as well as of the community overall. 185 North Park Urban Renewal District Plan – 2017 Page 28 Chapter 7. Implementation The North Park Urban Renewal District Plan provides a framework for revitalization activities. Upon its adoption, this Plan will serve as the official policy guide for public action. However, these policies can only be transformed to action through an effective implementation program. Key to implementation will be sound processes of administration, financing and program evaluation. Administration Under §7-15-4231, MCA, the exercise of powers related to urban renewal, a municipality may itself exercise its urban renewal project powers, or may, “if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban renewal agency created under §7-15-4232, MCA, or a department or other officers of the municipality as they are authorized to exercise under this part and part 43.” The City of Bozeman may establish an urban renewal agency under this provision to direct the projects and programs outlined in the Urban Renewal Plan. As provided in the statute, the City Commission would appoint five members to the agency’s board, who would be responsible for developing and implementing programs. Since 2006, the City of Bozeman has chosen to exercise its urban renewal project powers directly, rather than establish a separate urban renewal agency. In the city’s other urban renewal districts, the City Commission has created an urban renewal board for each district to serve in an advisory capacity to the Commission in planning for, implementing and administering a program of rehabilitation and revitalization. The board provides opportunities for stakeholders in the District, including property owners, business owners, residents and school district representatives to participate in formulating urban renewal projects and programs. At this point in time and due to the ownership of the North Park area, the City has chosen to utilize staff in an advisory capacity in the planning for, implementing and administering a program of revitalization for the District. The annual work program and budget, listing the activities and costs of the activities for the coming fiscal year, as well as the method of financing those activities is reviewed and approved by the City Commission. This program and budget can be amended during the fiscal year considering funding and program opportunities and changes. Urban renewal activities undertaken must be in accordance with Montana State statute. (The specific provisions of §7-15-4233, MCA are below.) 7-15-4233. Powers which may be exercised by urban renewal agency or authorized department. (1) In the event the local governing body makes such determination, such body may authorize the urban renewal agency or department or other officers of the municipality to exercise any of the following urban renewal project powers: (a) to formulate and coordinate a workable program as specified in 7-15-4209; (b) to prepare Urban Renewal Plans; (c) to prepare recommended modifications to an urban renewal project plan; (d) to undertake and carry out urban renewal projects as required by the local governing body; (e) to make and execute contracts as specified in 7-15-4251, 7-15-4254, 7-15-4255, and 7-15-4281, with the exception of contracts for the purchase or sale of real or personal property; (f) to disseminate blight clearance and urban renewal information; (g) to exercise the powers prescribed by 7-15-4255, 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 186 North Park Urban Renewal District Plan – 2017 Page 29 local governing body; (h) to enter any building or property in any urban renewal area in order to make surveys and appraisals in the manner specified in 7-15-4257; (i) to improve, clear, or prepare for redevelopment any real or personal property in an urban renewal area; (j) to insure real or personal property as provided in 7-15-4258; (k) to effectuate the plans provided for in 7-15-4254; (l) to prepare plans for the relocation of families displaced from an urban renewal area and to coordinate public and private agencies in such relocation; (m) to prepare plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements; (n) to conduct appraisals, title searches, surveys, studies, and other preliminary plans and work necessary to prepare for the undertaking of urban renewal projects; (o) to negotiate for the acquisition of land; (p) to study the closing, vacating, planning, or replanning of streets, roads, sidewalks, ways, or other places and to make recommendations with respect thereto; (q) to organize, coordinate, and direct the administration of the provisions of this part and part 43; (r) to 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. (2) Any powers granted in this part or part 43 that are not included in subsection (1) as powers of the urban renewal agency or a department or other officers of a municipality in lieu thereof may only be exercised by the local governing body or other officers, boards, and commissions as provided under existing law. Annual report The Montana Urban Renewal Law includes requirements for annual reporting for Districts with a TIF provision in §7-15-4237, MCA as follows: (1) An agency authorized to transact business and exercise powers under part 43 and this part shall file with the local governing body, on or before September 30 of each year, a report of its activities for the preceding fiscal year. A copy of the annual report must be made available upon request to the county and school districts that include municipal territory. (2) The report must include a complete financial statement setting forth its assets, liabilities, income, and operating expenses and the amount of the tax increment as of the end of the fiscal year. The report must describe the expenditures of tax increment in the preceding fiscal year and how the expenditures comply with the approved urban renewal plan or comprehensive development plan for the district. (3) At the time of filing the report, the agency shall publish in a newspaper of general circulation in the community a notice to the effect that the report has been filed with the municipality and that the report is available for inspection during business hours in the office of the city clerk and in the office of the agency. Projects and Programs The City of Bozeman will implement programs and evaluate projects based on the guiding principles and goals of this North Park Urban Renewal District Plan. Given that private development will be necessary to generate tax increment funds, business development must occur hand in hand with other community based economic development activities. The North Park Urban Renewal Program will make use of a variety of financing in achieving the goals of this plan, including: 187 North Park Urban Renewal District Plan – 2017 Page 30 Public Investments Urban renewal can assist the local government with meeting the public’s share of the cost of infrastructure improvements and other renewal activities through methods such as the following: • Annual Tax Increment Appropriations – The City of Bozeman may finance smaller public infrastructure improvements and renewal programs from its annual tax increment receipts by appropriation. Funds available each year would be determined by the size of the annual increment and any prior commitments (such as bond debt service requirements and administrative costs). • Tax Increment Bonds – The City of Bozeman will issue tax increment financing (TIF) revenue bonds if necessary, as revenues allow, to finance major capital projects. TIF bonds will enable the local government to finance projects up- front and then retire the debt through annual tax increment receipts. • Other Debt Financing – The City of Bozeman may borrow funds through local, state and federal loan programs to finance public improvements. Annual tax increment revenues may be used to make principal and interest payments • Local, State and Federal Funding Mechanisms – There are several funding resources available to communities to undertake planning and capital improvement projects. These are listed in the funding section below. Private Sector Development In addition to public sector investments, urban renewal can assist property and business owners in specific renewal activities through programs including the following: • Tax Increment Financing Revolving Loans – §7-15-4292, MCA provides for the establishment of loan programs, whereby TIF funds may be used to support public and private urban renewal projects in support of the goals of the Urban Renewal Plan for the District. As principal and interest payments are made, the funds may be loaned again, even after the TIF provision terminates. The management of a revolving loan program may be undertaken directly by the City, or through a contract with another entity. • Tax Increment Grants – In some cases grants may be made to private entities to support projects that are in the community’s best interest, and are in keeping with the purposes of the Montana Urban Renewal Law. An example might be support for enhanced public features that contribute to a unifying design theme for the District. • Other Assistance – The urban renewal program can assist private sector projects in a variety of ways, by providing technical assistance (such as market analyses, business recruitment and capital improvements planning) and helping property owners access federal, state and local resources and incentives for development. Financing Resources Tax Increment Financing 188 North Park Urban Renewal District Plan – 2017 Page 31 As noted above, the implementation of the North Park Urban Renewal District Plan will include the use of Tax Increment Financing (TIF). More particularly, costs that may be paid using TIF dollars are included in §7-15-4288, MCA as follows: 7-15-4288. Costs that may be paid by tax increment financing. The tax increments may be used by the municipality to pay the following costs of or incurred in connection with an urban renewal project, industrial infrastructure development project, technology infrastructure development project, or aerospace transportation and technology infrastructure development project: (1) land acquisition; (2) demolition and removal of structures; (3) relocation of occupants; (4) the acquisition, construction, and improvement of infrastructure, industrial infrastructure, technology infrastructure, or aerospace transportation and technology 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, waterways, water treatment facilities, natural gas lines, electrical lines, telecommunications lines, rail lines, rail spurs, bridges, spaceports for reusable launch vehicles with associated runways and launch, recovery, fuel manufacturing, and cargo holding facilities, publicly owned buildings, and any public improvements authorized by Title 7, chapter 12, parts 41 through 45; Title 7, chapter 13, parts 42 and 43; and Title 7, chapter 14, part 47, and items of personal property to be used in connection with improvements for which the foregoing costs may be incurred; (5) costs incurred in connection with the redevelopment activities allowed under 7-15-4233; (6) acquisition of infrastructure-deficient areas or portions of areas; (7) administrative costs associated with the management of the urban renewal area, industrial district, technology district, or aerospace transportation and technology district; (8) assemblage of land for development or redevelopment by private enterprise or public agencies, including sale, initial leasing, or retention by the municipality itself at its fair value; (9) the compilation and analysis of pertinent information required to adequately determine the needs of an urban renewal project in an urban renewal area, the infrastructure needs of secondary, value-adding industries in the industrial district, the needs of a technology infrastructure development project in the technology district, or the needs of an aerospace transportation and technology infrastructure development project in the aerospace transportation and technology district; (10) the connection of the urban renewal area, industrial district, technology district, or aerospace transportation and technology district to existing infrastructure outside the district; (11) the provision of direct assistance, through industrial infrastructure development projects, technology infrastructure development projects, or aerospace transportation and technology infrastructure development projects, to secondary, value-adding industries to assist in meeting their infrastructure and land needs within the district; and (12) the acquisition, construction, or improvement of facilities or equipment for reducing, preventing, abating, or eliminating pollution. A tax increment program is authorized for 15 years or longer if the tax increment revenue is pledged to the payment of tax increment bonds. §7-15-4289, MCA provides for the use of tax increments for bond payments. The tax increment may be pledged to the payment of the principal of premiums, if any, and interest on bonds, which the municipality may issue to provide funds to pay such costs. Per §7-15-4291, MCA, the City of Bozeman may enter into agreements with the other affected taxing bodies to remit to such taxing bodies any portion of the annual tax increment not currently required for the payment of the costs listed in §7-15-4288, MCA or pledged to the payment of the principal of premiums, if any, and interest on bonds. Other Financing Mechanisms 189 North Park Urban Renewal District Plan – 2017 Page 32 There are several financial assistance programs that can be used in the development of the North Park Renewal District in addition to Tax Increment Financing. Financing strategies for addressing urban renewal needs identified in this Plan will likely include combining various funding sources. For example, a local special improvement district might be used in combination with a Montana Board of Investment Intercap loan to match federal or state dollars. The following is a summary of programs available to fund urban renewal projects: Transportation Infrastructure This section describes funds and funding sources that are available to finance urban renewal transportation related projects. These funding methods, such as local option taxes, improvement districts and other types of bonds, enable local citizens to participate in funding projects. In general, however, the ability to use additional property tax levies to fund urban renewal is governed by Montana Statute under 15-10-402, MCA that limits taxes to 1996 levels. A. Bridge and Road Mills (Property Taxes) Montana law provides for cities (§7-14-4101, MCA) to manage transportation infrastructure. Counties are specifically responsible for all the bridges in a county, including those within cities and towns, except those managed by the Montana Department of Transportation. Municipalities may establish a road fund under §7-14-4113, MCA. B. Transportation Improvement Authority Established under §7-14-1001, MCA, the purpose of a transportation improvement authority is to blend the interests of local, state, and federal governments with the interests of the public and the business community to build, modify, or improve transportation facilities and systems within its jurisdiction. A county and a municipality within a county may, by joint resolution, create a transportation improvement authority. The Authority may enter into contracts and accept local, state, federal and private funds to undertake transportation projects. C. Transportation Alternatives Program (TA Program), Montana Department of Transportation The Transportation Alternatives (TA) Program authorized under Section 1122 of the Federal Highway Administration’s Moving Ahead for Progress program -MAP-21 (23 U.S.C. 213(b), 101(a)(29)), replaces the former Community Transportation Enhancement Program. It provides approximately $4, Million annually to eligible entities including local governments, for activities defined as transportation alternatives, including on- and off-road pedestrian and bicycle facilities, infrastructure projects for improving non-driver access to public transportation and enhanced mobility, community improvement activities, and environmental mitigation; recreational trail program projects; safe routes to school projects; and projects for the planning, design or construction of boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways. D. State Fuel Tax Under 15-70-101, MCA, Montana assesses a tax on gasoline and diesel fuel used for transportation purposes. Each municipality receives a portion of the total tax funds allocated to cities and Towns based on: 190 North Park Urban Renewal District Plan – 2017 Page 33 1) The ratio of the population within each municipality to the total population in all cities and Towns in the State; 2) The ratio of the street mileage within each municipality to the total street mileage in all incorporated cities and towns in the State. The street mileage is exclusive of the Interstate, National Highway, and Primary Systems. All fuel tax funds allocated to local governments must be used for the construction, reconstruction, maintenance, and repair of rural roads or city streets and alleys. Priorities for the use of these funds are established by the cities receiving them. Debt Financing – All Types of Projects Local governments can make use of various kinds of debt financing to fund urban renewal projects. In addition to Tax Increment Financing Bonds discussed above, these include revenue bonds, special improvement district bonds and general obligation bonds. Debt financing enables local governments to finance major infrastructure projects using future revenue from special assessments, user fees, and other forms of revenue. Under §7-7-4101, MCA, a local government has power to incur indebtedness by borrowing money, issuing bonds, issuing notes, entering leases and lease-purchase agreements, or entering into installment purchase contracts for the following purposes: 1) acquiring land for and designing and erecting public buildings; 2) acquiring land for and designing and constructing sewers, sewage treatment and disposal plants, waterworks, reservoirs, reservoir sites, and lighting plants; 3) supplying the municipality with water by contract and the construction or purchase of canals or ditches and water rights for supplying municipality with water; 4) designing and constructing bridges, docks, wharves, breakwaters, piers, jetties, and moles; 5) acquiring, opening, or widening any street and improving the street by constructing, reconstructing, and repairing pavement, gutters, curbs, and vehicle parking strips and to pay all or any portion of the cost relating to the project; 6) purchasing or leasing fire apparatus, street and other equipment, and personal property, including without limitation, vehicles, telephone systems, and photocopy and office equipment, including computer hardware and software; 7) building, purchasing, designing, constructing, and maintaining devices intended to protect the safety of the public from open ditches carrying irrigation or other water; 8) funding outstanding warrants and maturing bonds; and 9) repaying tax protests lost by the local government or other municipal corporation. The local government incurs various administrative costs in conjunction with issuing bonds. These costs include the retention of legal counsel and financial consultants, the establishment of reserve funds and the preparation of the prospectus and various required documents. These bonds provide tax-free interest earnings to purchasers and are therefore subject to detailed scrutiny under both 191 North Park Urban Renewal District Plan – 2017 Page 34 state and federal law. The citations in the Montana Code are listed below, for each type of bond described. A. Special Improvement Districts Under §7-12-4101, and §7-12-4102, MCA, cities and towns can create special improvement districts for a number of activities including: • The acquisition, construction or reconstruction of public streets and roads • The acquisition, construction or reconstruction of sidewalks, culverts, bridges, gutters, curbs, steps and parks including the planting of trees • The construction or reconstruction of sewers, ditches, drains, conduits, and channels for sanitary or drainage purposes, with outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, connecting sewers, ditches, drains, conduits, channels, and other appurtenances • The construction of sewer and water systems including fire hydrants • The acquisition and improvement of land to be designated as public park or open-space land • The conversion of overhead utilities to underground locations in accordance with §69-4-311 through §69-4-314, MCA • The purchase, installation, maintenance, and management of alternative energy production facilities B. Business Improvement District Business Improvement Districts (BIDs) are authorized under §7-12-1101 et. seq MCA. This provision of the law allows the local governing body to assess properties, upon the request of property owners within a district to fund the following activities: • provide special police, maintenance, or cleaning personnel for the protection and enjoyment of the general public using the business district • landscape and beautify public areas and to maintain those areas • contract with the governing body to maintain, operate, or repair public parking facilities • contract with the governing body to maintain streets, alleys, malls, bridges, ramps, tunnels, landscaping, and other public facilities as mutually agreed upon • promote private investment and business expansion in the district • provide for the management and administration of the affairs of the district • promote business activity by advertising, decorating, marketing, and promoting and managing events and other actions designed for the general promotion of business activities in the district • perform such other functions as are necessary to carry out the purposes of this part and to further the objectives of the district. 192 North Park Urban Renewal District Plan – 2017 Page 35 C. General Obligation Bonds General obligation bonds are backed by the full faith and credit of the local government and must be approved by the voters in an election. General obligation bonds are generally payable from ad valorem taxes (based on the value of property) and expressed in mills. General obligation bonds are attractive to bond buyers because they have voter approval and are not as vulnerable to fluctuations in revenue. Municipalities are assigned a bond debt limit based on a percentage of taxable valuation. General obligation bonds must fall within this limit. D. Municipal Revenue Bonds Under §7-7-4401, MCA, a municipality may issue revenue bonds to finance any project or activity authorized NOTE: Pursuant to §7-15-4218, MCA, voter approval of the urban renewal plan is required when general obligation bonds are to be used. If the plan or any subsequent modification thereof involves financing by the issuance of general obligation bonds of the municipality as authorized in §7-15- 4302(1) or the financing of water or sewer improvements by the issuance of revenue bonds under the provisions of part 44 of chapter 7 or of part 43 of chapter 13, the question of approving the plan and issuing such bonds shall be submitted to a vote of the qualified electors of such municipality, in accordance with the provisions governing municipal general obligation bonds under chapter 7, part 42, at the same election and shall be approved by a majority of those qualified electors voting on such question. Railroad Crossing Related Programs A. Federal Surface Transportation Program - Rail/Highway Crossing Protective Devices Program The purpose of the Federal Rail/Highway Crossing – Protective Devices Program is to identify high hazard rail crossing sites and install new rail crossing signals. MDT's Rail - Highway Safety manager is responsible for surveying, identifying and prioritizing those railroad crossings that require new protective devices or upgrading of existing devices. The funds are distributed on a statewide basis determined by a priority list ranked by a hazard index. The Federal/State ratio is 90% Federal and 10% State. B. Federal Surface Transportation Program - Rail/Highway Crossing Elimination of Hazard Program The purpose of the Federal Rail/Highway Crossing – Elimination of Hazard Program is to identify high hazard rail crossing sites and construct new rail/highway grade crossings. The program also uses funds to rehabilitate existing grade separations. Grade separation projects are funded with 90% Federal funds and 10% State funds. Since funding for this program is limited, funds are often used in combination with other Federal funding sources to fund costly grade separation projects. Eligible expenditures include the separation or protection at grade crossings, reconstruction of existing crossings and relocation of highways to eliminate crossings. Projects for this program are selected by identifying those sites where only a grade separation will eliminate an identified hazard or where an existing grade separation exists but needs rehabilitation or replacement. 193 North Park Urban Renewal District Plan – 2017 Page 36 Funding for Public Improvements (Sewer, Water, Roads, Community Facilities, Parks) A. Treasure State Endowment Program ~ Montana Department of Commerce The Montana Treasure State Endowment Program (TSEP) is a state-funded program, authorized under §90-6-701 through 710, MCA, and is administered by the Montana Department of Commerce (MDOC). It is designed to assist local governments in financing capital improvements to sewer and water facilities. Funds are derived from the Montana coal severance tax and made available to local governments as matching grants, loans and grant/loan combinations. TSEP also provides matching grants of up to $15,000 to local governments for preliminary engineering study costs. TSEP funds may not be used for annual operation and maintenance; the purchase of non- permanent furnishings; or for refinancing existing debt, except when required in conjunction with the financing of a new TSEP project. Grant requests cannot exceed $500,000 and the local government must typically provide a dollar for dollar match that can include other grant funds. Matching funds can be public or private funds provided by a TSEP applicant to directly support the cost of eligible project activities. There are several ways in which local governments can provide matching funds for bridge projects. Eligible types of matching funds include: • local general funds or other cash; • proceeds from the sale of general obligation, revenue, special assessment or other bonds; • entitlement or formula-based federal or state funds such as federal highway funds or payments in lieu of taxes; • loan or grant funds from a state or federal program (including TSEP loans); • funds expended for engineering studies, reports, and plans, or other reasonable expenses expended for the preparation of the application, directly related to the project during the period 24, Months prior to the TSEP application deadline; • funds expended after the TSEP application deadline, but before being approved by the Legislature, for project management, final engineering design, and other reasonable expenses necessary to prepare the project as in the TSEP application for the construction phase; • the value of land or materials provided by the applicant, if appraised within a two-year period preceding the application deadline. The appraisal must be: • an impartially written statement that adequately describes the land or materials, and states an opinion of defined value as of a specific date; • supported by an analysis of relevant market information; and • prepared by a qualified appraiser independent from the applicant. • the value of labor performed by the applicant’s employees on the project, after the TSEP project has been approved for funding and a TSEP contract has been signed, as long as the employee is paid at his or her standard hourly rate of pay and the time worked is adequately documented; and • the value of machinery used in the process of constructing the project that is owned (or leased) and operated by the applicant. The value of the use of the machinery will be determined using the Federal Emergency Management Agency (FEMA) equipment rate schedules. 194 North Park Urban Renewal District Plan – 2017 Page 37 B. The Montana Intercap Program ~ Montana Board of Investments The INTERCAP Program is a low cost, variable-rate program that lends money to Montana local governments, state agencies and the university system for financing or refinancing the acquisition and installation of equipment or personal and real property and infrastructure improvements. The Board of Investments issues tax-exempt bonds and loans the proceeds to eligible borrowers. In addition to long-term financing, INTERCAP is an excellent source for interim financing. Funding is always available with no specific cycle. Allocations of $200,000 and under are considered and approved by the Board of Investments staff. Allocations in excess of $200,000 are considered and approved by the Board. Funds are released on an on-going basis as the project is completed. The program provides loans at a variable rate plus a one percent loan origination fee on loans over one year and for a term of 5 or 10 years depending on the borrower's legal authority. Short-term loans of less than a year are also available. Interest and principal payments are due bi- annually (February 15 and August 15 of each year). Loans may be pre-paid without penalty with 30 days’ notice. Types of financing include installment purchase loans, general fund loans, general obligation bonds, revenue bonds and special improvement district and rural improvement district bonds. Gas tax revenues may not be used to service debt. Projects that will use rural improvement district payments to cover the annual debt are limited to a total loan of $300,000. Intercap funds may be used in association with other grant and loan programs as well as local sources. C. Community Development Block Grant (CDBG The Community Development Block Grant (CDBG) Program is a federally funded grant program that assists communities with development needs such as housing, public facilities, economic development and planning grants. All projects must be designed to principally benefit low and moderate-income families. The program was established by the Federal Housing and Community Development Act of 1974 (42 USC 5301) and is administered nationally by the U.S. Department of Housing and Urban Development (HUD). The Legislature authorized the Montana Department of Commerce (MDOC) to administer the program beginning in 1982. Eligible activities include planning, public facilities construction, housing and neighborhood renewal and economic development. D. Public Works Program ~ Economic Development Administration The Economic Development Administration (EDA) is an agency within the U.S. Department of Commerce. The purpose of the Public Works Program is to assist communities with the funding of public works and development facilities that contribute to the creation or retention of private sector jobs and to the alleviation of unemployment and underemployment. Such assistance is designed to help communities achieve lasting improvement by stabilizing and diversifying local economies, and improving local living conditions and the economic environment of the area. Grants are awarded up to a participation level of 80 percent but the average EDA grant covers approximately 50 percent of project costs. Acceptable sources of match include cash, local general obligation or revenue bonds; Community Development Block Grants, TSEP grants and loans, entitlement funds, Rural Development loans; and other public and private financing, including donations. 195 North Park Urban Renewal District Plan – 2017 Page 38 Projects must result in private sector job and business development to be considered for funding. Eligible applicants under this program include any state, or political subdivision thereof, Indian tribe (and other U.S. political entities), private or public nonprofit organization or association representing any redevelopment area if the project is within an EDA-designated redevelopment area. Redevelopment areas, other than those designated under the Public Works Impact Program must have a current EDA-approved Overall Economic Development Program (OEDP) in place. E. Water, Wastewater and Solid Waste Action Coordinating Team In 1982, a group of professionals from state, federal, and non-profit organizations that finance, regulate, or provide technical assistance for community water and wastewater systems, decided to start meeting in order to coordinate and enhance their efforts. This group calls itself the "Water, Wastewater and Solid Waste Action Coordinating Team" or W2ASACT for short. W2ASACT meets several times a year to find ways to improve our state's environmental infrastructure. All of the programs represented in W2ASACT have different missions and meet unique needs. However, it has been the common elements shared by the funding programs that have been the driving force of W2ASACT. These programs provide money (grants or loans), take applications from communities to fund their projects, and administer those monies once the project is funded. While W2ASACT cannot change all of the state or federal requirements, it can identify unnecessary duplication of requirements that make compliance difficult for communities. Voluntary Programs In some cases, homeowner associations, business groups or other property owners may finance urban renewal projects voluntary basis. North Park Urban Renewal Program Evaluation and Plan Amendments This Urban Renewal Plan will be evaluated on a yearly basis in conjunction with the preparation of the annual report. Measures that may be used in evaluating program success include: ➢ Increases in the property tax base ➢ Creation of jobs within the North Park Urban Renewal District ➢ Elimination of blighted conditions The plan provides flexibility to accommodate a variety of approaches. However, changes over time may necessitate more formal amendments to the Plan. The North Park Urban Renewal District Plan may be modified by ordinance under §7-15-4221, MCA. 196 North Park Urban Renewal District Plan – 2017 Page 39 Appendix A. Planning Consistency Review Resolution of Recommendation on the North Park Urban Renewal District Plan Page 1 of 5 Staff Report for Resolution of Recommendation on the North Park Urban Renewal District Plan Application Public Meeting Date: Planning Board meeting is July 18, 2017. Public Hearing Date: City Commission hearing August 28, 2017. Project Description: The urban renewal plan for the North Park Urban Renewal District. Project Location: The North Park urban renewal area is located to the north and west of the Interstate 90 – North 7th Interchange and is generally bound by Interstate 90 to the west, Red Wing Drive to the north and east, Flora Lane and North 7th Avenue to the east, and Mandeville Lane to the south. The area includes approximately 250 acres. The property is legally described as a tract of land comprised of the SW 1/4 of Section 36, less the Lewis & Clark Commercial Subdivision, Plat J- 376, less Minor subdivision 320, Lot 1 and including Tract 2, COS 1723 and the W1/ 2, SE 1/4 of Section 36, less the Gordon Mandeville State School Section Subdivision, TIS, R5E, PMM, Gallatin County along with adjacent public rights-of-way and approximately 1.1 linear miles of Burlington Northern / Montana Rail Link right-of-way and COS 2153, along with and subject to all easements of record or apparent on the ground. Recommendation: Approval of the Resolution of Recommendations Recommended Motion: Having reviewed and considered staff and consultant materials, public comment and all the information presented, I move to approve the Resolution of Recommendations, as the Planning Board’s written recommendation to the Bozeman City Commission, adopting the findings of the North Park Urban Renewal District Plan’s conformance with the Bozeman Community Plan and that the area of the North Park Urban Renewal District is zoned for uses in accordance with the Bozeman Community Plan. Report Date: Friday, July 12, 2017 Staff Contacts: Chris Saunders, Policy and Planning Manager Shawn Koltz, Development Review Engineer Brit Fontenot, Director of Economic Development Agenda Item Type: Action (Legislative) 197 North Park Urban Renewal District Plan – 2017 Page 40 Summary The North Park Urban Renewal Plan aligns with the City’s economic development priorities to facilitate mid- and high wage job growth and industry diversification. Community partners work together in support of the primary tenets of the City’s recently adopted 2016 Economic Development Strategy: 1. Retention and growth of existing businesses, while welcoming and encouraging new businesses; 2. Investment in infrastructure to drive economic development; and 3. Education and workforce development initiatives to provide businesses with qualified workers. (Bozeman Economic Development Strategy Update, 2016) Background Established in 2006, the Mandeville Farm Tax Increment Financing Industrial District (TIFID), also known as the North Park Industrial district was established to enable the use of incremental increases in property tax revenues to encourage the attraction and retention of value-adding industries. The district, however, failed to attract private investment, or contribute to the implementation of Bozeman’s economic development strategy. On June 13, 2016, as part of the annual budget approval process, the City Commission reviewed the district’s work plan and budget for FY 17. At that time, the City staff voiced its concerns and options for the area going forward. Since June, staff and the property owners, North Park Development Partners and the State of Montana through the Department of Natural Resources and Conservation, have discussed the viability of the existing industrial district. Part of that conversation included a discussion of the value of sunsetting the existing industrial TIF and establishing a new district in keeping with the types of development envisioned on the property. The participants in these discussions agreed that the establishment of an urban renewal district with a TIF provision, emphasizing value-adding industries, is more appropriate for the proposed development than the existing industrial district. This approach acknowledges that economic development is a long-term proposition and maintains the opportunity to use tax increments to attract and retain value-adding commerce. Therefore, the City of Bozeman is proposing to sunset the existing industrial district and replace it with an urban renewal district. The Mandeville Farm TIFID is set to expire in 2021. The City of Bozeman plans to “sunset” (terminate) the Mandeville Farm TIFID, and instead create the North Park Urban Renewal District (URD) to prevent and eliminate blighted areas per §7-15-4202 MCA, reduce poverty in the City of Bozeman, and deliver efficient public services through the following: The investment in public infrastructure in support of economic development, with a focus on value-adding commerce The attainment of urban density to achieve greater efficiency in the delivery of public services The facilitation of live-work opportunities for workforce housing in proximity to places of employment in value-adding commerce The creation of opportunities for livable wage jobs in value-adding commerce 198 North Park Urban Renewal District Plan – 2017 Page 41 While a URD offers greater opportunity for innovation than a TIFID, a determination of blight must be made prior to establishing a district. The North Park area is within the urban core, but the Interstate 90 corridor and the Montana Rail Link line, which border the property, serve as physical barriers to the desired development and uses. The North Park area can be described as blighted under the Montana Urban Renewal Law, because its geographic isolation “substantially impairs or arrests the sound growth” of the municipality per §7-15-4201 MCA, making it eligible for designation as a URD. Lack of appropriate infrastructure, including water, sewer, stormwater, transportation and communication networks, under-developed ingress and egress, inappropriate uses of land or building, and faulty lot layout in relation to size, adequacy, accessibility, or usefulness, can be remedied by investment in infrastructure using tax increment financing in a URD. City Commission action to “sunset” (terminate) the Mandeville Farm TIFID, and create the North Park Urban Renewal District (URD) would occur in subsequent steps in the process when the City Commission adopts the urban renewal plan by ordinance. On April 10, 2017, with the adoption of Resolution 4792, the findings of blight and establishing the necessity of rehabilitation and redevelopment of the North Park area, the Commission took the first step in the process of creating a URD and expanding the existing boundaries of the North Park TIFID per 7- 15-4210 MCA. Following this decision, the City has developed the Bozeman North Park Urban Renewal District (URD) plan, and has consulted with the affected taxing jurisdictions of Gallatin County and Bozeman School District #7. After the Planning Board review and recommendation as to the conformance of the URD plan and accordance of the zoning within the area of the URD with the Bozeman Community Plan, notice of the public hearing before the City Commission with be given. This notice will include a certified notice to all property owners, and a formal notice to meet and consult to the affected taxing jurisdictions. The City Commission action to “sunset” (terminate) the Mandeville Farm TIFID, and create the North Park Urban Renewal District (URD) would occur with the City Commission’s final adoption of the ordinance. Analysis and Findings Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. The purposes of this Planning Board review of the North Park Urban Renewal District Plan are: to consider all relevant materials to determine whether the plan is in conformance with the Bozeman Community Plan; and the zoning of the area of the North Park Urban Renewal District to determine if 199 North Park Urban Renewal District Plan – 2017 Page 42 the land is zoned for uses in accordance with the Bozeman Community Plan; and to make a written recommendation on such to the City Commission. Chapter 5 of the North Park Urban Renewal District Plan describes the purpose and intent of the Plan to be implemented through the goals and associated strategies of the Plan. The stated goals are: Goal #1 Promote Economic Development, with a Focus on Value-Adding Commerce Goal #2 Invest in Efficient Delivery of Public Infrastructure Goal #3 Support Planned Urban Density and Design Chapter 4 includes a synopsis of the review of the conformance of the North Park Urban Renewal District Plan to the Bozeman Community Plan, and in Appendix A is found the more extensive review of that conformance. The North Park Urban Renewal District Plan has been found to be in conformance with the Bozeman Community Plan; and the of the North Park Urban Renewal District has been determine to be zoned for uses in accordance with the Bozeman Community Plan. Zoning and Growth Policy Zoning Designation and Land Uses: The project site is designated as “M-1 Light Manufacturing” “M-2 Manufacturing and Industrial” zones. The intent of each of these zones is established in Chapter 38, Unified Development Code, BMC and is excerpted below. From Section 38.12.010, BMC A. The intent and purpose of the industrial zoning districts is to establish areas within the city that are primarily industrial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one industrial district is to provide opportunities for a variety of employment and community service functions within the community while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. 1. The intent of the M-1 light manufacturing district is to provide for the community's needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary. 2. The intent of the M-2 manufacturing and industrial district is to provide for heavy manufacturing and industrial uses, servicing vocational and employment needs of city residents. Adopted Growth Policy Designation: The property is designated as “Industrial” in the Bozeman Community Plan. The Plan indicates that this classification provides areas for the uses which support an urban environment such as manufacturing, warehousing, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. In order to protect the economic base and necessary services 200 North Park Urban Renewal District Plan – 2017 Page 43 represented by industrial uses, uses which would be detrimentally impacted by industrial activities are discouraged. Although use in these areas is intensive, these areas are part of the larger community and shall meet basic standards for landscaping and other site design issues and be integrated with the larger community. In some circumstances, uses other than those typically considered industrial have been historically present in areas which were given an industrial designation in this growth policy. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony. Noticing and Public Comment Notice was published in the Bozeman Daily Chronicle on July 2, 2017. Notice has been provided at least 15 and not more than 45 days prior to the Planning Board public meeting. The City Commission public hearing is scheduled on August 28, 2017. Certified notice to all property owners, and a formal notice to meet and consult to the affected taxing jurisdictions shall be provided at least 15 and not more than 45 days prior to the City Commission public hearing Owner Information and Reviewing Staff Owners: North Park Development Partners; and State of Montana Trust Land managed by the Trust Land Management Division (TMLD) of the Montana Department of Natural Resources and Conservation (DNRC) Applicant: Brit Fontenot, Director of Economic Development Consultants: Lanette Windemaker, AICP; and Janet Cornish, Community Development Services of Montana Report By: Chris Saunders, Policy and Planning Manager Fiscal Effects The North Park TIFID currently has a deficit of $20,539 and an anticipated FY 16/17 increment of $7,900 expected in May 2017. This increment will be applied to the existing debt leaving an estimated deficit balance of $12,639 for FY 17/18. If nothing occurs in the existing District for two fiscal years, it is likely that the District will have cleared the debts associated with the original master planning of the site. If the North Park TIFID is sunsetted as proposed, a plan will be established to repay the last of the TIFID debt and establish the URD with a base year of 2017. It is nearly impossible to assess the future increase in taxable value that may or may not occur in the urban renewal district. Attachments: 1. DRC Engineering Memo; 2. Resolution of Recommendation; and 3. North Park Urban Renewal District Plan 201 North Park Urban Renewal District Plan – 2017 Page 44 Appendix B – Consultation with the Bozeman School District #7 and Gallatin County 202 North Park Urban Renewal District Plan – 2017 Page 45 203 North Park Urban Renewal District Plan – 2017 Page 46 204 North Park Urban Renewal District Plan – 2017 Page 47 205 North Park Urban Renewal District Plan – 2017 Page 48 Appendix C. Development Review Engineer Memo 206 North Park Urban Renewal District Plan – 2017 Page 49 207 North Park Urban Renewal District Plan – 2017 Page 50 208 North Park Urban Renewal District Plan – 2017 Page 51 209 210 211 212 213 214 215 216 217 218 219 220 221 222 From:Paul Neubauer To:Agenda Cc:Brit Fontenot Subject:North Park URD Date:Tuesday, August 22, 2017 10:46:04 PM On 7/18/17 the Bozeman City Planning Board met to discuss, among other things, the NorthPark Urban Renewal District proposal. The board voted on whether or not the concept of a URD for North Park was in compliance with the Growth Policy. I cast a vote AGAINST the notion of compliance with the Growth Policy, which was wrong. Imade a mistake and was unable to correct it. I am not entirely supportive of the creation of a URD for North Park, but that was not the question. For the record, I DO believe a URD for North Park would be in compliance with the GrowthPolicy. Thank you. Paul Neubauer 223 NOTICE OF PUBLIC HEARING FOR THE NORTH PARK URBAN RENEWAL DISTRICT AND PLAN On April 10, 2017, the Bozeman City Commission adopted Resolution 4792 a Resolution of Necessity for the North Park area of Bozeman finding that the rehabilitation, redevelopment, or both of an area or areas are necessary in the interest of the public health, safety, or welfare of the residents of the municipality. The Resolution provided the basis for this urban renewal district and plan as authorized by Title 7, Chapter 15, Parts 42 and 43, Montana Code Annotated. The North Park Urban Renewal District (URD) Plan applies to the property in the Mandeville Farm Tax Increment Financing Industrial District (TIFID) in the area referred to as the Mandeville Farm site. The North Park area is located to the north and west of the Interstate 90 – North 7th Interchange and the North Park URD is generally bound by Interstate 90 to the west, North 7th Avenue and Flora Lane to the east, Frontage Road to the north and Mandeville Lane to the south. The City wants to foster the rehabilitation and redevelopment of the North Park area in order eliminate conditions that contribute to blight, to sustain and grow its economy over time, to reduce poverty in the City of Bozeman, and to deliver efficient public services. A Tax Increment Financing provision is included in the Plan and the City intends to use this financial tool to further the rehabilitation and redevelopment as revenues permit and may issue tax increment financing bonds. The North Park URD Plan seeks to provide long term economic stability and to use planning and the development of public infrastructure as tools for well managed growth. The goals of the North Park URD as stated in the URD Plan are to: promote economic development, with a focus on value-adding commerce; invest in efficient delivery of public infrastructure; and support planned urban density and design. The purpose of this public hearing is to consider designation of the North Park Urban Renewal Area; creation of the North Park Urban Renewal District; establishment of the boundaries thereof; adoption of the North Park Urban Renewal District Plan, which includes a tax increment provision as a financial tool; and to sunset the Mandeville Farm TIFID as requested by the City of Bozeman, 121 N. Rouse Avenue, P.O. Box 1230, Bozeman MT, 59771. The Bozeman City Commission will conduct a public hearing on the proposal Monday, September 25, 2017 in the Commission Room, City Hall, 121 North Rouse Avenue, at 6:00 p.m. on first reading of Ordinance 1979, with second reading and final adoption of Ordinance 1979 on October 9, 2017. The North Park URD Plan is available through the Bozeman Economic Development, 121 North Rouse Avenue, Bozeman, MT 59715. Questions may be directed to Brit Fontenot at bfontenot@bozeman.net or 582-2258. 224 The City invites the public to comment in writing and to attend the public meeting. Written comments may be directed to the Bozeman Economic Development, P. O. Box 1230, Bozeman, MT 59771-1230 or agenda@bozeman.net. Please reference North Park Urban Renewal District and Plan in all correspondence. For those who require accommodations for disabilities, please contact Mike Gray, City of Bozeman ADA Coordinator, 582-3207 (voice), 582-3203 (TDD). 225