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.
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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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)
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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.
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• 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
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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
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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.
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Figure 4.
Approximate Boundary of the North Park Urban Renewal Area
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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.
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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.
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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.
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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.
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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.
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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
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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:
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➢ 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.
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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.
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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)
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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
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✓ 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.
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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
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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
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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.
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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
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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:
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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
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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
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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:
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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
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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.
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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.
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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.
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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.
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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.
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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)
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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
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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
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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
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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
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North Park Urban Renewal District Plan – 2017
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Appendix B – Consultation with the Bozeman School District #7 and Gallatin
County
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Appendix C. Development Review Engineer Memo
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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
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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.
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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).
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