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HomeMy WebLinkAbout20- Pole Yard Urban Renewal Plan Pole Yard Urban Renewal District Plan – 2020 Figure 1. Structure on Cedar Street Acknowledgements Bozeman City Commission Bozeman City Planning Board Bozeman GIS Department Bozeman Economic Development Bozeman Community Engagement Consultants: Janet Cornish, CDS of Montana Lanette Windemaker, AICP Table of Contents Chapter 1. Introduction and Overview ................................................................ 1 Chapter 2. Description of the Pole Yard Urban Renewal District ........................ 11 Chapter 3. Documenting Blight .......................................................................... 18 Chapter 4. Planning Consistency ........................................................................ 27 Chapter 5. Goals and Strategies of the Urban Renewal District Plan ................. 36 Chapter 6. Project Evaluation Criteria ................................................................ 41 Chapter 7. Implementation ............................................................................... 45 Chapter 8. Urban Renewal Program Evaluation and Plan Amendments ............ 57 References ......................................................................................................... 58 Appendix A. Community Engagement ............................................................. A-1 Appendix B. Property Ownership ..................................................................... B-1 Pole Yard Urban Renewal District Plan – 2020 Page 1 Chapter 1. Introduction and Overview Introduction The City of Bozeman is embarking on a program to improve the overall economic health of the community through the revitalization of an area in the northeast quadrant of Bozeman. Renewal efforts will rely on both public and private participation, thoughtful planning, and the efficient use of resources. Establishing the Pole Yard URD will enable the City of Bozeman to generate an urban neighborhood with thriving commerce through: • investment in public infrastructure, • retention and recruitment of commerce, and • leveraging limited resources. The State of Montana, in its urban renewal statutes, provides the statutory authority to create local programs to address conditions that may contribute to blight, which adversely affect economic health within municipalities. The City of Bozeman is creating this URD in accordance with §7-15-4201 et seq. of the Montana Code Annotated (MCA). The plan for this district includes a Tax Increment Financing (TIF) provision to help fund renewal efforts. The base year for the purposes of calculating each year’s increment will be January 1st, 2020. This Plan will guide revitalization activities in addressing critical issues. As stated in §7-15-4209, MCA, a local government “may formulate a workable program for utilizing appropriate private and public resources: (a) to eliminate and prevent the development or spread of blighted areas; (b) to encourage needed urban rehabilitation; (c) to provide for the redevelopment of such areas; or (d) to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program”. In addition, according to §7-15-4210 MCA, in order to utilize the provisions of the Montana urban renewal statutes, the governing body must first adopt a resolution of necessity. The resolution must find at least three conditions that contribute to blight exist in the “area or a part of the area.” On September 15th, 2020, the Bozeman City Commission passed Resolution No. 5145, which adopted findings regarding the existence of conditions that contribute to blight within the Pole Yard in Bozeman’s northeast quadrant. In doing so, the Commission declared “that blighted areas exist within the municipality in and near the Pole Yard and that the rehabilitation, redevelopment, or a combination thereof of such areas is necessary in the interest of the public health, safety, morals or welfare of the residents of such municipality.” The Resolution noted eight conditions that contribute to blight as defined in the Montana Urban Renewal Law, §7-15-4206 MCA in the Pole Yard URD, which include the following, described in more detail in Chapter 3: Pole Yard Urban Renewal District Plan – 2020 Page 2 1. physical dilapidation, deterioration, age obsolete structures and improvements; 2. inappropriate or mixed uses of land or building; 3. defective or inadequate street layout; 4. faulty lot layout in relation to size, adequacy, accessibility; 5. unsanitary or unsafe conditions; 6. improper subdivision or obsolete platting; 7. the existence of conditions that endanger life or property by fire or other; and 8. any combination of the factors listed. The Purpose and Intent of the Pole Yard Urban Renewal District and Plan The creation of the Pole Yard URD enables the City of Bozeman to eliminate conditions that contribute to blight substantially impairing sound growth of the City through investments in public infrastructure and efficient delivery of public services. This is in keeping with the Bozeman Strategic Plan, adopted by the Bozeman City Commission on April 16th, 2018. Vision Statement #2 of the Strategic Plan is for – “An Innovative Economy. We grow a diversified and innovative economy leveraging our natural amenities, skilled and creative people, and educational resources to generate economic opportunities.” The Strategic Plan identifies the following: 2.1 Business Growth - Support retention and growth of both the traded and local business sectors while welcoming and encouraging new and existing businesses, in coordination with the Economic Development Plan. 2.2 Infrastructure Investments - Strategically invest in infrastructure as a mechanism to encourage economic development. a) Identify Commercial/Industrial Infrastructure Needs. Identify sites for new or redevelopment in areas that lack adequate infrastructure and develop new financing strategies to fund these investments. 2.3 Workforce Development - Support education and workforce development initiatives to improve the skills of our citizens. (City of Bozeman, 2018) In addition, the Vision Statement #4 of the Strategic Plan state – “A Well-Planned City. We consistently improve our community's quality of life as it grows and changes, honoring our sense of place and the "Bozeman feel" as we plan for a livable, affordable, more connected city.” The Strategic Plan identifies the following: 4.3 Strategic Infrastructure Choices - Prioritize long-term investment and maintenance for existing and new infrastructure. Secondly, in 2016, the City of Bozeman adopted an update to its Economic Development Strategy. The creation of an urban renewal plan is in keeping with the overall intent of the Strategy. In particular, the intent of the Pole Yard Renewal District Plan is to enable the City of Bozeman to Pole Yard Urban Renewal District Plan – 2020 Page 3 address blighted conditions, in order to facilitate mid- and high wage job growth and improve overall economic strength and diversification. The Plan will enable community stakeholders to work together in support of the primary tenets of the City’s economic development strategy, which include: 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. Finally, this effort also reflects the goals presented in the Bozeman Community Plan 2020, adopted on November 17, 2020 in accordance with §76-1-601 MCA, the state’s Growth Policy statute. The Bozeman Community Plan 2020 sets forth a series of goals, grouped by theme. Of particular note to this examination are the following themes and associated goals: Theme 2. “A City of Unique Neighborhoods” ✓ Support well-planned, walkable neighborhoods. ✓ Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. Theme 3. “A City Bolstered by Downtown and Complementary Districts” ✓ Support urban development within the City. ✓ Encourage growth throughout the City, while increasing a pattern of community development oriented on centers of employment and activity. Support a gradual increase in intensity within developed areas. Theme 6. “A city powered by its creative, innovative and entrepreneurial economy” ✓ Promote the continued development of Bozeman as an innovative and thriving economic center. ✓ Survey and revise land use planning and regulations to promote and support economic diversification efforts. (City of Bozeman, 2020) The intent of this Pole Yard URD Plan (Plan) is to present a series of goals and strategies that will assist the City Commission in focusing its limited resources efficiently. The Plan is intended to support community stakeholders as they work together to address blighted conditions through a series of urban renewal programs and projects to: • renew economic vitality and foster a cohesive neighborhood through improved connectivity and the strategic investment in public infrastructure within the Pole Yard URD; and • enhance opportunities for private investment to generate jobs and new taxable value. Pole Yard Urban Renewal District Plan – 2020 Page 4 This 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 types of projects that may be undertaken by the City of Bozeman to encourage investment in the district, which will in turn address conditions that have diminished economic potential. The revitalization challenges will be significant, in light of global shifts in economic development patterns. This Plan is adopted by ordinance, which will create the Pole Yard URD. This Plan includes a provision to use TIF, as funds become available, in addition to other resources in implementing its goals and strategies. Tax Increment Financing As stated above, the City of Bozeman will utilize Tax Increment Financing (TIF) in conjunction with other funding sources to help support urban renewal activities within the Pole Yard URD. The base year for the purposes of measuring any incremental increases in the taxable value of property within the district boundaries will be 2020. TIF 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 that contribute to blight (URDs) or that have infrastructure deficiencies (targeted economic development districts or TEDDs), that result in limiting or prohibiting new investment. A base year is established from which "incremental" increases in property taxable values are measured. Virtually all the resulting new property tax dollars (except for the six-mill state-wide university levy and certain voted levies) can be directed to support redevelopment and economic revitalization activities within the district 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, including 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 2. TIF Schematic below.) 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 Pole Yard Urban Renewal District Plan – 2020 Page 5 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 (URD) plan for the district. Figure 2. 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 a URD with a TIF provision or modify a URD to include a TIF provision, or to issue TIF bonds, to confer with the affected school taxing jurisdictions that levy mills within the jurisdiction that includes the district. The requirement, which is included in §7-15-4221 and 4282, MCA, calls for the governing body that is establishing the district to provide these jurisdictions with the opportunity to meet and consult at a publicly noticed meeting. The City of Bozeman has worked closely with the Bozeman School District and the Gallatin County Commission regarding the creation of the Pole Yard URD and will continue to do so. The City of Bozeman met with the County Commission on September 21st, 2020 and with the School District on September 14th, 2020 and mailed both a letter noticing the opportunity to meet and consult at the public hearing on the creation of the URD, held on October 27th, 2020. Due to a noticing error, the public hearing set for October 27th, 2020 was postponed until November 10, 2020. Pole Yard Urban Renewal District Plan – 2020 Page 6 Community Engagement The Community Engagement Plan for this district highlights the need to inform the public about the process of creating an Urban Renewal District and consult the public on whether a URD should be a tool used to address the barriers to redevelopment of the Pole Yard area. In addition to the actions described in the previous section to inform and meet with affected taxing jurisdictions, City staff, as well as the consultant had numerous discussions with property owners and potential developers in the area. Furthermore, the City of Bozeman sent letters to the property owners within the area informing them of the review for conditions that contribute to blight and the potential of inclusion in an urban renewal district. The City of Bozeman held a community engagement Webex meeting on September 9th, 2020, at 6 pm. In addition, City staff met with the Gallatin Local Water Quality Board on September 3rd, and the Board of Health on September 24th. Numerous questions and comments were received. Summaries are provided in Appendix A. Notice has been published for all public meetings/hearings before the Bozeman City Commission and the Bozeman City Planning Board. A letter noticing the public hearing before the Bozeman City Commission on the ordinance to adopt the Pole Yard Urban Renewal District and Plan was sent to all property owners in the district pursuant to §7-15-4215, MCA. The Setting 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 of 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. In 2006, the voters of Bozeman adopted a Charter form of government granting the City self-government powers. Bozeman was elected 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. The Idaho Pole Company (IPC) Superfund site was designated in 1986 by the United States Environmental Protection Agency and placed on the National Priorities List. The site is located near the northern limits of Bozeman, Montana in Gallatin County. The site includes about 75 acres, of which approximately 65 acres are owned by Idaho Pole Co. A small section of Interstate 90 (I-90) transects the property. The following information is taken from the Environmental Protection Agency Website: “The IPC wood treating facility began operation in 1945 using creosote to preserve wood. In 1952 the company switched to pentachlorophenol in carrier oil (similar to fuel oil such as diesel) for the wood treating solution. Site processes included pole treatment in butt vats with the later addition of pressurized heated retort Pole Yard Urban Renewal District Plan – 2020 Page 7 equipment in the area south of Cedar Street. Treated poles were stacked for drying and shipment in the area. Burlington Northern Railway Company operated a railroad roundhouse where wood treating chemicals and timber were shipped in and treated poles were shipped out of the site. Pole treatment processes included pole peeling with a bark-fill area for wood waste north of Cedar Street. In 1975 a pressurized heated retort was added for treating full-length poles. The pole-length vats were removed in the early 1980s. There was also a drying area where treated poles were stored prior to shipment. IPC continued wood treating with a pressurized heated retort and butt-dipping vat until September 1997, when the company ceased wood-treating operations. At this site, activity and use limitations that EPA calls institutional controls are in place. Institutional controls play an important role in site remedies because they reduce exposure to contamination by limiting land or resource use. They also guide human behavior. For instance, zoning restrictions prevent land uses – such as residential uses – that are not consistent with the level of cleanup.” (United States Environmental Protection Agency, n.d.)1 On February 3rd, 2020, The EPA announced the deletion of 82 acres of the Idaho Pole Company Superfund site from the National Priorities List (NPL) of the nation’s most contaminated sites. EPA and the Montana Department of Environmental Quality (MDEQ) have determined that all required cleanup activities are complete in the deleted area. (United States Environmental Protection Agency, 2020) Current Demographic and Economic Information The City of Bozeman is growing. According to 2019 Census estimates, there are 45,121 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 into the future, from 120,342 in 2020 to 182,379 in 2060, an increase of 51%. (ARCGIS.Com, 2019) Figure 3 presents population data for the City from 1910 to 2019, based on the decennial census. (United States Census, 2019) 1 See References section for complete citations. Pole Yard Urban Renewal District Plan – 2020 Page 8 Census information, recorded over a period of 130 years beginning in 1890 and presented in Figure 4, indicates that the City’s population has grown rapidly since 1950. (United States Census, 2019) However, despite rapid growth, the City’s poverty rate at 18.6% is significantly higher than the poverty rates for Gallatin County, Montana and the nation, which are 11.8%, 13% and 9.0% respectively. (United States Census, 2019) Median Household Income for residents living in Bozeman is $51,896, lower than the County’s, median, which is $61,499, slightly lower than the state, at $52,559 and lower than the nation, at $60,293. (United States Census, 2019) 0 10,000 20,000 30,000 40,000 50,000 60,000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Figure 3. City of Bozeman Population 2010-2019 (estimates) 0 5000 10000 15000 20000 25000 30000 35000 40000 45000 50000 1890 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 2010 2019 Figure 4. City of Bozeman Population 1890-2019 Pole Yard Urban Renewal District Plan – 2020 Page 9 The following table (Figure 5) shows employment in the City of Bozeman by industry. The “Educational services, health care and social assistance” sector employs the most people, followed by “arts, entertainment, and recreation, and accommodation and food services” and “retail trade”. FIGURE 5. INDUSTRY BY OCCUPATION FOR THE CIVILIAN EMPLOYED POPULATION 16 YEARS AND OVER Estimate Percentage Margin of Error Civilian employed population 16 years and over 27,526 100% +/-745 Agriculture, forestry, fishing and hunting, and mining 474 2% +/-167 Construction 2,603 9% +/-489 Manufacturing 1,699 6% +/-347 Wholesale trade 351 1% +/-132 Retail trade 3,588 13% +/-485 Transportation and warehousing, and utilities 704 3% +/-211 Information 268 1% +/-109 Finance and insurance, and real estate and rental and leasing 1,316 5% +/-257 Professional, scientific, and management, and administrative and waste management services 3,056 11% +/-392 Educational services, and health care and social assistance 7,274 26% +/-615 Arts, entertainment, and recreation, and accommodation and food services 4,192 15% +/-495 Other services, except public administration 1,264 5% +/-295 Public administration 737 3% +/-186 (United States Census, 2018) However, this data does not reflect more recent economic conditions in Montana, which have been severely affected by the Coronavirus pandemic. According to a May 2020 report prepared by the Bureau of Economic Research at the University of Montana: Pole Yard Urban Renewal District Plan – 2020 Page 10 “Using the [US Bureau of Economic Analysis] definition of employment (which includes payroll employment, self-employed, proprietors and non-employee contractors and consultants), the Montana economy is now projected to experience a shortfall of more than 75,000 jobs in 2020 over the entire year, compared to the pre-Covid-19 projection made in December. This is a loss of 25,000 jobs more than was projected last month. The worsening of the employment forecast reflects a reduced projection for health care and transportation employment, and a slower recovery at the end of this year… Specifically we now estimate: a loss of 75,000 jobs, on average, over the year 2020 for the Montana economy, reflecting worsening prospects for health care, transportation and agriculture industries. Jobs include payroll jobs as well as self- employed, business proprietors and non-employee contractor jobs…” (Bureau of Business and Economic Research University of Montana, 2020) Pole Yard Urban Renewal District Plan – 2020 Page 11 Chapter 2. Description of the Pole Yard Urban Renewal District Area Description The Pole Yard Urban Renewal District (URD) Plan applies to an area of 273.3 acres including rights- of-way, and parcels are 149.1 acres of that total, located within the northeast quadrant of the City of Bozeman in portions of Sections 5, 6, 7, and 8, Township 2 South, Range 6 East, PMM, City of Bozeman, Gallatin County, Montana. The core area is located between the Interstate 90 and railroad rights-of-way on both sides of L Street. Beyond the core, the western extent of the URD is North Rouse Avenue, the eastern extent ends before Big Gulch Drive, the northern extent is Bond Street, and the southern extent is south of the intersection of East Peach/Avocado Street on the east and North Broadway Avenue. Note: The acreage total in the “Review and Findings of Conditions that Contribute to Blight” and in Resolution No. 5145, was based on a rough estimate of parcel acreages. For the Pole Yard URD Plan, the acreage has been corrected through the use of GIS technology. In addition to the Idaho Pole Superfund site, land uses in the area include a crane and heavy equipment business, building materials storage yards (Figure 6), Montana Rail Link property, a Northwestern Energy substation, a dwelling, office buildings, a manufacturing plant, the Gallatin Valley Food Bank, outside storage areas, numerous other businesses, floodplains, wetlands and agricultural properties. Figure 6. A Storage Yard on Pear Street General Description The Pole Yard Urban Renewal District (URD) Plan applies to an area encompassing 273.3 acres including rights-of-way, and parcels are 149.1 acres of that total, located within the northeast quadrant of the City of Bozeman in portions of portions of the West ½ of the Southwest ¼ of Pole Yard Urban Renewal District Plan – 2020 Page 12 Section 5, the East ½ of Section 6, the East ½ of the Northeast ¼ of Section 7, and the Northwest ¼ of Section 8, Township 2 South, Range 6 East, PMM, City of Bozeman, Gallatin County, Montana. Boundary Description of the Pole Yard Urban Renewal District Beginning at the intersection of North Rouse Avenue and Bond Street; thence southerly along North Rouse Avenue to the intersection with East Juniper Street; thence easterly along East Juniper Street to the intersection with North Church Avenue; thence southerly along North Church Avenue to the intersection with East Tamarack Street; thence easterly along East Tamarack Street to the intersection with North Wallace Avenue; thence northerly along North Wallace Avenue to the intersection with Front Street; thence easterly to the railroad right-of-way; thence southeasterly along the railroad right-of-way approximately 1,323 feet; thence southwesterly to the intersection of Front Street and Plum Avenue; thence southwesterly along Plum Avenue to the intersection with East Peach/Avocado Street(s); thence southeasterly along East Avocado Street to the intersection with North Broadway Avenue; thence southwesterly along North Broadway Avenue to the southeast corner of Lot 15, Block 45, Northern Pacific Addition; thence southeasterly approximately 60 feet to the southwest corner of Lot 16, Block 46, Northern Pacific Addition; thence southeasterly along the southern boundary of Lot 16, Block 46, Northern Pacific Addition to the boundary of Geocode: 06-0799-07-1-40-93-0000 (described as Lot 17 Remainder, Block: 46, Northern Pacific Addition (also described by Montana Cadastral as Northern Pacific Add, S07, T02 S, R06 E, Lot 13 - 15, Plat C-23 & Abandoned C M St P & P Rr Northern Pacific Add Plus Pt Vac Meadow Ave)); thence counterclockwise around the perimeter of Geocode: 06-0799-07-1-40-93- 0000 (described above) to Montana Rail Link right-of-way, Geocode: 06- 0799-07-1-22-01-2000; thence northeasterly along the railroad right-of-way to the Front Street right-of- way; thence northeasterly across the Front Street right-of-way to the railroad right-of- way; thence southeasterly along the railroad right-of-way to the Interstate 90 right-of- way; thence northwesterly along the Interstate 90 right-of-way approximately 4,552 feet; Pole Yard Urban Renewal District Plan – 2020 Page 13 thence northeasterly across the Bohart Lane right-of-way to the southern corner of the property owned by Northwestern Energy, Geocode: 06-0799-05-3- 01-01-0000 (described as Taxcode: RGH51909, Northern Pacific Addition); thence counterclockwise around the perimeter of Geocode: 06-0799-05-3-01-01- 0000 to the property line of Lot 9, Block 90, Northern Pacific Addition; thence northeasterly along the property line of Lot 9, Block 90, Northern Pacific Addition to the east-west half-section line of Section 5, T2S, R6E; thence westerly along the east-west half-section line of Section 5, T2S, R6E; thence continuing westerly along the east-west half-section line of Section 6, T2S, R6E crossing the L Street right-of-way, following East Oak Street to the Montana Rail Link railroad right-of-way bike path being a portion of the Story Mill Spur; thence northeasterly along the railroad right-of-way approximately 1,171 feet to northern property line of Geocode:06-0799- 06-1-01-60-0000 (a tract described as Northeast Annex, S06, T2S, R6E, acres 10.232, TR in S2NE4 COS 893); thence westerly along the northern property line of Geocode:06-0799-06-1-01- 60-0000 to the northeastern corner of Lot 4, Bomont Center Subdivision; thence continuing westerly along the northern property line of Lot 4, Bomont Center Subdivision to Gold Avenue; thence southerly along Gold Avenue to the intersection with Bond Street; thence westerly along Bond Street to the point of beginning at North Rouse Avenue. Less any portion of Geocode: 06-0799-08-2-59-01-0000 lying southwest of the Interstate 90 right-of-way. Including all adjacent rights-of-ways. Along with and subject to all easements of record or apparent on the ground. Containing approximately +/- 273.3 acres. End of boundary description. Map of the Pole Yard Urban Renewal District Figure 7, below, is a map of the boundary of the Pole Yard URD. Note: The District map area is smaller than the review area map in the “Review and Findings of Conditions that Contribute to Blight” and Resolution No. 5145 as portions of the review area were found to not comply with statutory requirements. For the Pole Yard URD Plan, the map has been updated through the use of GIS technology. Pole Yard Urban Renewal District Plan – 2020 Page 14 Figure 7. Pole Yard Urban Renewal District Pole Yard Urban Renewal District Plan – 2020 Page 15 The Pole Yard URD is located within Gallatin County Census Tract 6, shown in the map below (Figure 8). According to the 2018 American Community Survey, the population within Census Tract 8 is 2,558 (+/- 221) and there are 1,401 housing units (+/- 76). (United States Census, 2018) It is important to note that Census Tract 6 has been determined to be eligible for the deployment of both Federal Low-Income Housing and New Market Tax Credits, both of which provide significant incentives for reinvestment. Figure 8. Gallatin County Census Tract 6 (US Census, 2011) Property Ownership Addresses and Data 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 mail notice and DOR recognition of the district. The compilation of parcels and properties is found in Appendix B and includes identifying geocodes and the following information as appropriate. • Owners’ names and mailing addresses of all properties with geocodes in the district. • Condominiums and identifying information including geocodes and master geocodes. • 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. Centrally Assessed Properties The following centrally assessed property was identified within Pole Yard URD: Pole Yard Urban Renewal District Plan – 2020 Page 16 Approximately 1.35 linear miles of Burlington Northern / Montana Rail Link right-of-way. 06-0799-06-4-41-37-2000 Montana Rail Link Mail to Washington Corp PO Box 16630 Missoula, MT 59808-6630 06-0799-08-2-15-01-0000 Montana Rail Link Inc PO Box 16390 Missoula, MT 59808-6390 Other addresses: Montana Rail Link Mail to Real Estate Dept. PO BOX 16624 Missoula, MT 59808-6624 Burlington Northern Railroad Co Property Tax Dept. PO Box 961089 Fort Worth, TX 76161-0089 Approximately 0.9 miles of “Hazardous Liquid” pipeline. Yellowstone Pipeline Co 318 W Griffin Dr Bozeman, MT 59715 Yellowstone Pipeline Co PO BOX 5600 Bartlesville, OK 74005-5600 A NorthWestern substation in Section 5, T 2 S, R 6 E, described as Taxcode: RGH51909, Northern Pacific Addition. 06-0799-05-3-01-01-0000 NorthWestern Energy 40 E Broadway St Butte, MT 59701-9350 This information is intended to help document notice requirements and assist the Montana Department of Revenue with recognition of the District. 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. Taxing Jurisdictions The City of Bozeman sent letters to the affected taxing jurisdictions noticing them of the opportunity to meet and consult prior to and at the public hearing on the creation of the URD, held on October 27th, 2020. Due to a noticing error, the public hearing set for October 27th, 2020 was postponed until November 10, 2020. Letters were sent to the following addresses: Bozeman Public Schools Bob Conners, Superintendent 404 West Main Street Pole Yard Urban Renewal District Plan – 2020 Page 17 Bozeman MT 59715 Bozeman Public Schools Steve Johnson, Operations 404 West Main Street Bozeman MT 59715 Bozeman Public Schools Mike Waterman, Business Services 404 West Main Street Bozeman MT 59715 Gallatin County Board of County Commissioners 311 West Main, Room 306 Bozeman, MT 59715 Gallatin County Jennifer Blossom, Treasurer 311 West Main, Room 103 Bozeman, MT 59715 Gallatin County Jim Doar, County Administrator 311 West Main, Room 304 Bozeman, MT 59715 Gallatin County Justine Swanson, Finance Director 311 West Main, Room 304A Bozeman, MT 59715 Pole Yard Urban Renewal District Plan – 2020 Page 18 Chapter 3. Documenting Conditions that Contribute to Blight Montana law sets forth the specific factors that characterize blight. In particular, 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 means “an area that is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, that substantially impairs or arrests the sound growth of the city or its environs, that retards the provision of housing accommodations, or that constitutes an economic or social liability or is detrimental or constitutes a menace to the public health, safety, welfare, and morals in its present condition and use, by reason of: (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 on the basis of 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) As discussed below, the area of this review, which encompasses 273.3 acres including rights-of- way, and parcels are 149.1 acres of the total, exhibits several conditions that contribute to blight. This review identified that the following eight conditions that contribute to blight, as set forth in §7-15-4206 MCA, are present within the Pole Yard URD: 1. (a) physical dilapidation, deterioration, age obsolete structures and improvements; 2. (c) inappropriate or mixed uses of land or building; 3. (e) defective or inadequate street layout; Pole Yard Urban Renewal District Plan – 2020 Page 19 4. (f) faulty lot layout in relation to size, adequacy, accessibility, or usefulness; 5. (h) unsanitary or unsafe conditions; 6. (m) improper subdivision or obsolete platting; 7. (n) the existence of conditions that endanger life or property by fire or other causes; or 8. (o) any combination of the factors. The examination of the area revealed the following examples of conditions that contribute to blight: 1. (a) the substantial physical dilapidation; deterioration; defective construction, material, and arrangement; or age obsolescence of buildings or improvements, whether residential or nonresidential Conditions relating to this factor are evident in three categories - public structures and improvements, quasi-public improvements and private structures and improvements. Physical deterioration of private structures and improvements is evident in the lack of maintenance of building facades, business signage, landscaping and irrigation, ADA compliance, parking facilities and paving, storm drainage, and life safety. Defective arrangement of quasi-public improvements can be seen in overhead electric lines, lack of natural gas lines, lack of or limited communication lines and services (broadband, dark fiber, etc.). Obsolescence of public structures and improvements is evident in such things as the use of on-site wells, septic tanks and rural storm drainage, the scarcity of municipal signage, street lighting and fire hydrants, and street pavement deterioration due to lack of storm drainage, curbs, gutters, and sidewalks. Examples of this can be seen in but not limited to: ✓ The lack of public and quasi-public improvements in the roads and services available to the undeveloped/agricultural land along Cedar Street and Bohart Lane as well as the material storage yards on Pear Street. ✓ The deterioration of private structures and improvements such as vandalism (unauthorized graffiti and other defacement of property). 2. (c) inappropriate or mixed uses of land or buildings Throughout this area are uses which do not conform with current plans, standards or codes. Other conditions relating to this factor include low density or vacant lands in the urban core, encroachment into the public rights-of-way and lack of connectivity. For example, the Pole Yard 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. In addition, much of the area is characterized by land uses that encroach into the public rights-of- way as shown in Figure 9, below. Pole Yard Urban Renewal District Plan – 2020 Page 20 Figure 9. View of East Juniper Street 3. (e) defective or inadequate street layout The area has limited transportation infrastructure. The area is characterized by dead-end streets and sidewalks, and unpaved or incomplete streets. It lacks street lighting, sidewalks, curb/gutters and storm drainage facilities. The City of Bozeman Engineers’ development review memo indicates that this area has both collector and local streets, and that all of the streets not constructed to the appropriate street standard per the City of Bozeman Design Standards and Specifications Policy and Bozeman Transportation Master 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. This defective and inadequate street layout in this area shows a lack of connectivity of vehicular, pedestrian and other modes of transportation. (Figure 10) Examples of these inadequacies are: ✓ Streets without paving, curbs, gutters, sidewalks or storm drains including Cedar Street and Bohart Lane. ✓ Streets without curbs, gutters and sidewalks including L Street and North Broadway Avenue. ✓ Streets without sidewalks including Bond Street and Gold Avenue. ✓ Inadequate street layout with limited connectivity due to dead end streets including East Oak/Birch Street, Cedar Street, and Bohart Lane. ✓ Lack of continuity in the Story Mill Spur, Oak and North Side/Village Trails. Pole Yard Urban Renewal District Plan – 2020 Page 21 Figure 10. Looking North along Cedar Street 4. (f) faulty lot layout in relation to size, adequacy, accessibility, or usefulness Lots in the area are not generally in conformance, accordance or compliance with current plans, standards or codes. Examples of this can be seen in: ✓ Parking areas such as the one on Gold Avenue shown below in Figure 11, have no controlled access or egress. As this picture indicates, cars must back out of a lot into the public right of way. These poorly designed lots are difficult to maneuver and create hazards for pedestrians and other vehicles. ✓ Large lots, such as those parcels of 24 and 20 acres found along Cedar Street, which have been created for other purposes are too big to be useful for development to urban standards and need to be subdivided. Other lots are too small to be useful and may need to be aggregated. ✓ Poor access and geographic isolation – the location of more than 90 acres between Interstate 90 and the railroad right-of-way substantially impairs or arrests the sound growth of the area. The limitation created by the single access from L Street is further impaired by the at-grade railroad crossing. The lack of connectivity and guaranteed emergency access needs to be addressed, potentially by an East Oak/Birch Street extension railroad overpass. Pole Yard Urban Renewal District Plan – 2020 Page 22 Figure 11. Gold Avenue 5. (h) unsanitary or unsafe conditions Conditions relating to this factor are evident in three categories including dangerous and attractive nuisances, lack of municipal infrastructure and conditions related to Superfund designation. Dangerous and attractive nuisances can include but are not limited to uncontrolled accesses, deteriorating improvements, barb wire fencing, inadequate storm drainage and broken sidewalks. The existence of outdated and rural-type services, as well as discarded materials or other attractive nuisances can result in conditions that endanger safety. In addition, there are natural hazards, such as floodplains and wetlands that must be mitigated. Examples of these include: ✓ Barbed wire fencing adjacent to Cedar Street. ✓ the unprotected attractive nuisance of Bozeman Creek or the East Gallatin River adjacent to Bohart Lane. (See picture on title page of this report.) ✓ The recently updated Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs) and Flood Insurance Study (FIS) will be officially adopted into local floodplain regulations (Division 38.600 BMC) within the next 12 months. These maps will be used for project planning purposes given the likelihood that development will occur after the new maps are adopted. These updated maps place a portion of the proposed URD area into the floodway and 100-year floodplain. BMC 38.600.240.A.1 prohibits new construction of any residential, commercial or industrial structure in the floodway. Compliance options are limited to siting all building improvements outside of the floodway or seeking and receiving official FEMA revision of the floodway. Pole Yard Urban Renewal District Plan – 2020 Page 23 The area has limited municipal infrastructure. Future development will require the installation of complete municipal water and sanitary sewer system facilities to serve any planned development. Municipal storm sewer system facilities may also be required by the city. Examples of municipal infrastructure improvements needed include: ✓ The Lyman Tank and Transmission Main Construction, Pear St. Booster Station Upgrade, the Front Street Interceptor, and Extension 30 Inch - Little Bridger Creek and Southern Gallatin River Basin - Frontage Rd Connect to Bohart Ln to Bond St. (City of Bozeman Geographic Information System, n.d.) ✓ A grade separated railroad crossing that facilitates guaranteed access to the area for fire, police, and other first responders. ✓ The City of Bozeman Wastewater Collection Facilities Plan calls for a 30-inch diameter sanitary sewer main to be installed from Rouse Avenue at the intersection with Bond Street, extending down Bond Street and Gold Avenue to L Street and continuing to the southeast on Bohart Lane. The Idaho Pole property has been designated a Superfund site, with a portion, subject to institutional controls, delisted by the Environmental Protection Agency. (Figure 12). For example, according to the Environmental Protection Agency’s web site, in order to protect human health, response actions have been designed to prevent human exposure to contaminated soils and groundwater through treatment, engineering controls (such as capping) and institutional controls to prevent contact. To protect the environment, sources of contamination have been removed and contaminated groundwater has been treated and cleaned up through an enhanced in-situ biodegradation process. A Controlled Groundwater Use Area (CGA) was issued by the Montana Division of Natural Resources in 2001. This CGA restricts use of groundwater beneath the site for any purpose, Figure 12. Idaho Pole Superfund Site (Environmental Protection Agency Photo) Pole Yard Urban Renewal District Plan – 2020 Page 24 except as provided in the remedial action or as otherwise authorized by EPA and Montana Department of Environmental Quality (MDEQ). Areas where the treated soil was placed are restricted use areas and a survey has been completed to identify these areas. The IPC filed a Notice of Institutional Control (deed restriction) with the Gallatin County Clerk and Recorder. (United States Environmental Protection Agency, n.d.) 6. (m) improper subdivision or obsolete platting The area was platted in 1883 as part of the Northern Pacific Addition to Bozeman. However, the lot pattern established in 1883 is not optimized for current urban development. It consists of large parcels intermixed with odd sized and shaped lots, many leftover remainders from the highway and railroad rights-of-way. These lots are obsolete due to lack of conformance, accordance or compliance with current plans, standards or codes. Examples include parcels of 24 and 20 acres found along Cedar Street. 7. (n) the existence of conditions that endanger life or property by fire or other causes In addition to the lack of guaranteed emergency access, a connected transportation network and complete municipal services, other conditions that endanger life or property include the at-grade railroad crossing and use of barbed wire to fence portions of the property. Other conditions may include but are not limited to buildings or properties that may not meet life safety standards such as fire sprinklers, fire hydrants and ADA compliance. Examples include: ✓ The at-grade railroad crossing lacks safety feature such as wooden barriers with flashing lights, technology to vehicle GPS, sensors to notify train. ✓ The lack of connectivity of an above or below grade railroad crossing such as the East Oak/Birch Street extension railroad overpass as shown below in Figures 13 and 14. Pole Yard Urban Renewal District Plan – 2020 Page 25 8. (o) any combination of the factors listed in this subsection (2) of §7-15-4206 MCA. Any combination of factors identified can be interpreted as conditions that substantially impair or arrest the sound development of communities or constitutes an economic or social liability that contribute to blight. Other conditions contributing to blight will be identified and addressed over time. Examples of a combination of factors can be associated with such things as but not limited to noise and light pollution, vandalism (unauthorized graffiti and other defacement of property) and homeless camps. Conclusion In §7-15-4210 MCA, a municipality must find that at least three factors contributing to blight be identified in order to establish an urban renewal district. Based on the information presented in the Review and Findings of Conditions that Contribute to Blight, the City Commission on September 15, 2020 adopted Resolution No. 5145 finding that the Pole Yard URD exhibits eight conditions contributing to blight as defined by §7-15-4206(2) MCA, conditions that substantially impair or arrest the sound development of communities or constitute an economic or social liability, and are associated with one or more of the following: 1. (a) physical dilapidation, deterioration, age obsolete structures and improvements; 2. (c) inappropriate or mixed uses of land or building; Figures 13 and 14. East Oak Street/East Birch Street Dead End at Railroad Right of Way Pole Yard Urban Renewal District Plan – 2020 Page 26 3. (e) defective or inadequate street layout; 4. (f) faulty lot layout in relation to size, adequacy, accessibility, or usefulness; 5. (h) unsanitary or unsafe conditions; 6. (m) improper subdivision or obsolete platting; 7. (n) the existence of conditions that endanger life or property by fire or other causes; or 8. (o) any combination of the factors. The City adopted the findings regarding the existence of conditions contributing to blight within the Pole Yard area of Bozeman, and thereby declared such areas of blight exist and that the rehabilitation, redevelopment, or a combination thereof of the area is necessary in the interest of the public health, safety, or welfare of the residents of Bozeman. Pole Yard Urban Renewal District Plan – 2020 Page 27 Chapter 4. Planning Consistency with the Bozeman Community Plan This comprehensive development plan must conform to the Bozeman Community Plan per §7- 15-4213, MCA. As stated in §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 Pole Yard 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 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 Bozeman Community Plan was duly adopted as the growth policy by the Bozeman City Commission by City of Bozeman Resolution No. 4163, dated June 1, 2009. On August 17, 2020, the City Planning Board forwarded their positive recommendation on an update to the growth policy to the City Commission. The Planning Board reviewed the Pole Yard Urban Renewal District Plan on October 5, 2020 and recommended favorably, finding the Plan to be in compliance with the 2009 growth policy. The Pole Yard Urban Renewal District Plan was scheduled for final adoption on November 10, 2020 but due to a noticing error, final action was delayed until November 24, 2020. The City Commission adopted a new growth policy, the Bozeman Community Plan 2020, on November 17, 2020 with an effective date of November 19, 2020. The two community plans share similar priorities and goals and there are no conflicts between the documents applicable to the Pole Yard Urban Renewal District Plan. In addition, Bozeman has completed many infrastructure and topic plans that have some influence on the area included under the Pole Yard Urban Renewal District Plan. An applicable plan is the 2012 Bozeman Creek Enhancement Plan. An applicable topic plan is the City’s adopted 2016 Economic Development Strategy, which affirms the Commission’s economic development priorities by facilitating mid- to high wage job growth and industry diversification. Community partners work together in support of the primary tenets of the strategy: 1. Support retention and growth of existing businesses, while welcoming and encouraging new businesses; and 2. Invest in infrastructure to drive economic development; and 3. Support education and workforce development initiatives to provide businesses with qualified workers. (City of Bozeman, 2016) Pole Yard Urban Renewal District Plan – 2020 Page 28 An evaluation of conformance and accordance must consider the Bozeman Community Plan document as a whole and a combination of all factors including such as relevant goals, objectives, implementation, and land use designations. Plans are not required to address all the goals and objectives, but they should not contradict aspects of the Bozeman Community Plan. On October 5th, 2020, the City Planning Board reviewed the Pole Yard Urban Renewal District Plan and found it to be in conformance with the Bozeman Community Plan per statutory requirements. Growth Policy Review The Bozeman Community Plan was reviewed to determine whether the growth policy adequately supports Pole Yard Urban Renewal District Plan 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. • Policies and actions, 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. Goals and Objectives A review of the overall goals and objectives of the growth policy finds no conflicts with an urban renewal project/plan in the 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, deliver efficient public services, facilitate job growth and economic strength in Bozeman as described in purpose and intent of the Pole Yard 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. Pole Yard Urban Renewal District Plan – 2020 Page 29 ➢ 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 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 accordance with the Montana Urban Renewal statute, an urban renewal district plan, such as the Pole Yard Urban Renewal District Plan, has, as its core 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 Pole Yard Urban Renewal District Plan – 2020 Page 30 Community Plan. In keeping with this mission, the goals of the Pole Yard Urban Renewal District as stated in the Urban Renewal District Plan are: GOAL 1. Promote Innovative Economic Development GOAL 2. Enable Enhanced Connectivity and Mobility GOAL 3. Invest in Efficient Delivery of Public Infrastructure GOAL 4. Foster Urban Neighborhood Coherency GOAL 5. Protect Public Health GOAL 6. Encourage the Retention of Existing Businesses GOAL 7. Respect Critical Environments Implementation Policies and Actions The Bozeman Community Plan establishes a foundation for programs as well as more detailed plans, such as urban renewal district plans with tax increment financing programs. Implementation strategies and tools found in Table 16-1 Implementation Policies and Actions of the Bozeman Community Plan that are applicable to the Pole Yard Urban Renewal District Plan and demonstrate conformance of the plan to the growth policy are paraphrased as follows: 3. Research and implement incentives and regulations and publicize existing incentives, in accordance with the Bozeman Community Plan, that encourage development within the City of Bozeman. 3b. Provides high quality and cost-effective public services 9. Encourages infill and redevelopment. 11. Continues programs which support adaptive reuse and reinvestment 11c. Continues support of multi-modal and shared transportation facilities 12c. Continues support for multi-modal transportation, land use efficiency, and other sustainable practices 13. Furthers awareness of the interrelationships of economic, environmental, and community issues 14. Coordinates adequate infrastructure 16c. Protect safety and avoid blight. 21a. Uses and publicizes incentives, such as, but not limited to, public infrastructure funding support and tax abatement, to encourage commercial and residential development or redevelopment of identified infill areas, including brownfields and the Historic Core 33. Establishes public/private partnerships to complete hazard/risk analyses of historic sites and properties and neighborhoods to determine vulnerability and recommend and implement appropriate mitigation. Pole Yard Urban Renewal District Plan – 2020 Page 31 49. Supports the creation and expansion of local businesses. 49e. Maintain and seeks to expand resources available through the City’s revolving loan fund and urban renewal districts. 49g. Increases awareness of existing economic and other benefits of and further develop incentives for locating and operating benefits within City limits. 53. Recognizes sustainability as a component of economic development. The adoption of the Pole Yard 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. This Plan provides for the opportunity to use tax increment financing to assist with redevelopment and revitalization activities and encourage business retention and growth. The Plan also supports the investment in infrastructure that encourages urban renewal and economic development in the neighborhood. 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 majority of the future land use for the area included in the Pole Yard Urban Renewal District as “Industrial”. The Bozeman Community Plan designates the single dwelling and accompanying land off of L Street as “Residential”. A small piece of the “Northside/Village" trail adjacent to the railroad rights-of-way is designated by the Bozeman Community Plan as “Parks, Open Space and Recreation”. The future land use in the vicinity of the Pole Yard URD is shown in the map below (Figure 15). Pole Yard Urban Renewal District Plan – 2020 Page 32 Figure 15. Community Plan Future Land Use Pole Yard Urban Renewal District Plan – 2020 Page 33 The Bozeman Community Plan’s Table C-16 Zoning Correlation with Land Use Categories indicates that: • The “Industrial” land use category can be implemented through one of the five industrial type zoning districts, including M-1 and M-2. • The “Residential” land use category can be realized via one of the numerous residential types zoning districts, including R-S. • The “Parks, Open Space and Recreation” land use category was created for a variety of purposes under all zoning districts. At some point in time, development in the Pole Yard may require an amendment to the current future land use designations, this Plan does not suggest any revision to the existing future land use designations as found in the Bozeman Community Plan. The evaluation of the Plan with its respect to conformance with the Bozeman Community Plan’s future land use designation finds that the Plan provides for redevelopment of the existing industrially designated area to promote economic development, with a focus on commerce. Zoning Accordance 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 Pole Yard URD must be reviewed for accordance with the Bozeman Community Plan. 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 Pole Yard Urban Renewal District must be found to be in accordance with the Bozeman Community Plan. On October 5, 2020, the City Planning Board reviewed the zoning of the area included in the Pole Yard 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. The zoning in the vicinity of the Pole Yard URD is shown in the map below (Figure 16). The core of the lands within the Pole Yard Urban Renewal District is zoned “M-2 Manufacturing and Industrial”, and the majority of the lands adjacent to the core of the Pole Yard Urban Renewal District is zoned “M-1, Light Manufacturing”. Pole Yard Urban Renewal District Plan – 2020 Page 34 Figure 16. Zoning Pole Yard Urban Renewal District Plan – 2020 Page 35 “M-1” and “M-2” zoning allows a variety of industrial uses and related support commerce as described in the Bozeman Unified Development Code. 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. 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. The single dwelling and accompanying land off of L Street is zoned RS, Residential Suburban District. The intent and purpose of the R-S residential suburban district is to commemorate and preserve existing RS zoning only. In evaluating the uses supported by the Pole Yard 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 Pole Yard Urban Renewal District Plan is primarily intended to support commerce, which is industrial in character. The Pole Yard 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 Pole Yard Urban Renewal District Plan does not suggest any revision to the existing zoning classifications of the Bozeman Unified Development Code. Conclusions 1. The Pole Yard Urban Renewal District Plan has been evaluated with respect to the relevant goals and objectives of the Bozeman Community Plan, and the Pole Yard Urban Renewal District Plan is found to be in conformance with the Bozeman Community Plan. 2. The zoning in the Pole Yard Urban Renewal District has been evaluated with respect to the Bozeman Community Plan, and the zoning in the Pole Yard Urban Renewal District is found to be in accordance with the Bozeman Community Plan. Pole Yard Urban Renewal District Plan – 2020 Page 36 Chapter 5. Goals and Strategies of the Urban Renewal District Plan Introduction This chapter presents the goals and strategies for addressing conditions of blight and infrastructure deficiencies within the Pole Yard Urban Renewal District. These goals and strategies address the needs identified in the Resolution of Necessity (Res. No. 5145) adopted on September 15th, 2020 by Bozeman City Commission. They support the goals in the Bozeman Community Plan and other appropriate planning documents, the urban renewal powers afforded to local governments in the Montana urban renewal statutes and meetings with the public and City of Bozeman staff in August and September of 2020. Public comments can be found in Appendix A. (Meeting on September 9th, 2020) This URD Plan provides guidance 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 City of Bozeman 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 Pole Yard Urban Renewal District as presented in Chapter 1 and restated below: The Purpose and Intent of the Pole Yard Urban Renewal District and Plan The creation of the URD in the Pole Yard enables the City of Bozeman to eliminate conditions that contribute to blight substantially impairing sound growth of the City through investments in public infrastructure and efficient delivery of public services. Goals of the Pole Yard Urban Renewal District Plan GOAL 1. Promote Innovative Economic Development Rationale: Commerce strengthens the community, opens reinvestment opportunities, enables livable wage jobs, and supports the sound growth of the community, helping to eliminate conditions that contribute to blight. GOAL 2. Enable Enhanced Connectivity and Mobility Rationale: Connecting neighborhoods through investments in multi- model transportation corridors strengthens the fiber of the community. GOAL 3. Invest in Efficient Delivery of Public Infrastructure Rationale: Infrastructure is the backbone of the community. Private development typically requires a corresponding public investment in Pole Yard Urban Renewal District Plan – 2020 Page 37 infrastructure. Capital improvements will help achieve economic vitality and support the delivery of public services. GOAL 4. Foster Urban Neighborhood Coherency Rationale: Higher concentration of development achieves greater efficiency in the delivery of public services. Urban growth, oriented to centers of employment and activity, can reduce or eliminate commute times, lower transportation costs and create vitality and a sense of community. Integrated elements of growth, ensuring a cohesive neighborhood that in turn contributes to the well-being of the entire community, will reduce geographic, as well as economic and social isolation. GOAL 5. Protect Public Health Rationale: An area that includes a superfund site presents the need for increased diligence to comply with the obligation to not exacerbate the human health contact risk or environmental contamination. GOAL 6. Encourage the Retention of Existing Businesses Rationale: Urban infill development can affect the community through such things as additional traffic and noise, particularly when the existing public systems do not meet current standards. GOAL 7. Respect Critical Environments Rationale: Riparian and wetland areas provide benefits to the community through such things as filtering urban runoff, providing habitat for wildlife and flood protection. Strategies The realization of these goals will depend on a strategic approach that includes planning, program design and implementation, and capital investment. The listed actions associated with each goal support thoughtful and sustainable economic development and the successful elimination of conditions that contribute to blight. The strategies described below should not be viewed as limiting but should be seen as potential actions and thought-provoking opportunities to develop new ideas to further implementation of this Plan. GOAL 1. Promote Innovative Economic Development 1.1. Planning, such as 1.1.1. Support area and issue specific planning, such as targeted marketing 1.1.2. Further public-private partnerships such as among: Pole Yard Urban Renewal District Plan – 2020 Page 38 1.1.2.1. Landowners, the Montana Department of Environmental Quality, the U.S. Environmental Protection Agency 1.1.2.2. Landowners, Burlington Northern Santa Fe and Montana Rail Link 1.1.2.3. Existing and potential businesses 1.1.2.4. Local, regional, state and federal entities 1.1.3. Examine the usefulness of incentive programs such as: 1.1.3.1. Targeted commerce recruitment 1.1.3.2. Work force training 1.2. Implementation, such as 1.2.1. Establish incentive programs determined to further city policies GOAL 2. Enable Enhanced Connectivity and Mobility 2.1. Planning, such as 2.1.1. Support area and issue specific planning such as: 2.1.1.1. Trails 2.1.1.2. Bikeways 2.1.1.3. Public transit 2.1.1.4. Connectivity points 2.1.2. Develop public-private partnerships such as among: 2.1.2.1. Landowners, trail groups and biking organizations 2.1.2.2. Local, regional, state and federal entities 2.2. Implementation, such as 2.2.1. Support trail maintenance programs 2.2.2. Support trail enhancement projects, like wellness stations and interpretive signs 2.2.3. Invest in nonmotorized use associated with new connectivity points, such as a vehicular railroad overpass with sidewalks and bike lanes. 2.2.4. Invest in expansion of nonmotorized transportation systems GOAL 3. Invest in Efficient Delivery of Public Infrastructure 3.1. Planning, such as 3.1.1. Support area and issue specific planning such as: 3.1.1.1. Capital improvements 3.1.1.2. Transportation 3.1.1.3. Transportation connections providing additional access 3.1.1.4. Fee mitigation programs 3.1.2. Develop public-private partnerships such as among: 3.1.2.1. Landowner and the City of Bozeman 3.1.2.2. Local, regional, state and federal entities 3.1.2.3. Public, quasi-public and private infrastructure providers Pole Yard Urban Renewal District Plan – 2020 Page 39 3.2. Implementation, such as 3.2.1. Invest in public infrastructure projects to eliminate conditions that contribute to blight 3.2.2. Invest in implementation of municipal capital improvement plans 3.2.3. Leverage public and private funds for public infrastructure connectivity 3.2.4. Support the accommodation of communication and technological advances 3.2.5. Promote investment in the interface between commerce and transportation access such as rail spurs and transloading facilities 3.2.6. Support fee mitigation programs determined to further city policies GOAL 4. Foster Urban Neighborhood Coherency 4.1. Planning, such as 4.1.1. Support area and issue specific planning 4.1.2. Foster neighborhood and community coherency strategies 4.1.3. Engage in the on-going evaluation of land use code requirements to remove obstacles to developing a core neighborhood 4.1.4. Create a neighborhood identity 4.2. Implementation, such as 4.2.1. Support outreach, education and community engagement 4.2.2. Invest in urban design elements 4.2.3. Market neighborhood identity GOAL 5. Protect Public Health 5.1. Planning, such as 5.1.1. Support area and issue specific planning 5.1.2. Further public-private partnerships such as among: 5.1.2.1. Landowners, the Gallatin Local Water Quality District, the Gallatin City-County Board of Health, the Montana Department of Environmental Quality and the U.S. Environmental Protection Agency 5.1.2.2. Local, regional, state and federal entities 5.2. Implementation, such as 5.2.1. Establish incentive programs determined to further city policies 5.2.2. Support compliance with environmental mitigation requirements 5.2.3. Support compliance with institutional controls Pole Yard Urban Renewal District Plan – 2020 Page 40 GOAL 6. Encourage the Retention of Existing Businesses 6.1. Planning, such as 6.1.1. Support area and issue specific planning, such as: 6.1.1.1. Targeted marketing 6.1.1.2. Capital Improvements 6.1.1.3. Transportation 6.1.1.4. Neighborhood land use 6.1.2. Further public-private partnerships such as among: 6.1.2.1. Landowner and the City of Bozeman 6.1.2.2. Landowners, Burlington Northern Santa Fe and Montana Rail Link 6.1.2.3. Existing and potential businesses 6.1.2.4. Local, regional, state and federal entities 6.1.2.5. Public, quasi-public and private infrastructure providers 6.1.3. Examine the usefulness of incentive programs such as workforce training 6.2. Implementation, such as 6.2.1. Invest in public infrastructure projects to eliminate conditions that contribute to blight 6.2.2. Invest in implementation of municipal capital improvement plans 6.2.3. Leverage public and private funds for public infrastructure connectivity 6.2.4. Support the accommodation of communication and technological advances 6.2.5. Promote investment in the interface between commerce and transportation access such as rail spurs and transloading facilities 6.2.6. Support fee mitigation programs determined to further city policies GOAL 7. Respect Critical Environments 7.1. Planning, such as 7.1.1. Support area and issue specific planning for critical environments 7.1.2. Develop public-private partnerships such as among: 7.1.2.1. Landowners, conservation groups and public access organizations 7.1.2.2. Local, regional, state and federal entities 7.2. Implementation, such as 7.2.1. Support public access and interpretation programs 7.2.2. Support compliance with environmental mitigation requirements 7.2.3. Support compliance with institutional controls 7.2.4. Invest in expansion of public access systems Pole Yard Urban Renewal District Plan – 2020 Page 41 Chapter 6. Project Evaluation Criteria In urban renewal areas there are usually multiple projects proposing to take advantage of limited financial resources. 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 Pole Yard Urban Renewal District, it will be necessary to review each proposed project or program with respect to the following guiding principles as well as identified goals and strategies found in Chapter 5. Guiding Principles This Pole Yard 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. Readiness – The development of the Pole Yard 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. These would include improvements to shared rights-of-way and other connecting infrastructure. Design – The intent of the Pole Yard 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 commerce, 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. In addition, opportunities to create connectivity to other areas of the community, including pedestrian and other non-motorized access will be important. For example, improvements to the existing trail system, given the Pole Yard URD’s proximity to amenities such as Story Mill Park. Partnerships – The successful redevelopment of the Pole Yard URD will depend on partnerships among public and private entities, including landowners, business owners, the State of Montana DEQ, EPA, the City of Bozeman and others. Significant private investment will likely require associated public financing of municipal and quasi-public improvements, such as multi-modal Pole Yard Urban Renewal District Plan – 2020 Page 42 transportation facilities, sewer and water improvements, utilities and communication (including broadband) infrastructure. 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. Required Criteria a. Montana Urban Renewal Statute – What specific statute(s) support the Project? Does it contradict any statute? b. Bozeman Growth Policy – What strategies, visions, goals and objectives set forth in the City’s guiding documents does the Project reflect? Does it contradict any of the applicable policies? c. Pole Yard Urban Renewal District Plan – What goals and strategies does the project support? Does it contradict any goals or strategies? d. Consistency with other adopted plans. – Does the project reflect the vision, goals and objectives set forth in other adopted plans? Does it contradict any applicable policies? e. City of Bozeman Municipal Codes – Is the Project in compliance with all applicable Bozeman Municipal Codes? f. All other applicable codes – Is the Project in compliance with all applicable codes and regulations? 2. Suggested Criteria a. Purpose and intent – Does the project foster commerce/economic development? Does it address conditions that have contributed to blight? b. 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? c. 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? Does the project provide for economies of scale to enhance efficiency? d. 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? e. 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? Does the Project use innovative funding strategies to take advantage of potential opportunities? Pole Yard Urban Renewal District Plan – 2020 Page 43 f. 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. Does the project foster key transportation connections that improve district access? g. 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? Does the project support mixed use developments, including housing opportunities, to increase neighborhood vitality? h. 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. i. 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 the tax base can assure continued economic health within the urban renewal district and the community’s well-being into the future. j. 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? k. Ability of project to enhance Pole Yard’s role as a key economic activity generator – Does the project support, rather than compete with, other community economic development initiatives? Does the Project ensure accommodations in infrastructure development to enable response to changes in technology? l. 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? m. Linkages – Does the project link to other sectors such as education, to take advantage of associated job training programs, research and development, and technology transfer? 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 Pole Yard Urban Renewal District Plan – 2020 Page 44 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 strategies of the urban renewal plan as well as of the community overall. Pole Yard Urban Renewal District Plan – 2020 Page 45 Chapter 7. Implementation The Pole Yard 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 this Urban Renewal District 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. The City Commission has created an urban renewal board for three of the five other urban renewal districts to serve in an advisory capacity to the Commission in planning for, implementing and administering a program of rehabilitation and revitalization. In the other two urban renewal districts, the City, in conjunction with the property owners, has determined that there are not enough property owners to warrant a formal advisory board. 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 Pole Yard, 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. Like other Districts, the Pole Yard URD will prepare annual work programs and budgets, 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 in Figure 17.) Figure 17. 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: Pole Yard Urban Renewal District Plan – 2020 Page 46 (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 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. Pole Yard Urban Renewal District Plan – 2020 Page 47 (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 Pole Yard 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 Pole Yard Urban Renewal Program will make use of a variety of financing in achieving the goals of this plan, including: 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 Plan Pole Yard Urban Renewal District Plan – 2020 Page 48 for the Urban Renewal 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 As noted above, the implementation of the Pole Yard 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 in Figure 18: Figure 18. 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 Pole Yard Urban Renewal District Plan – 2020 Page 49 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 There are several financial assistance programs that can be used in the development of the Pole Yard Urban 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. Pole Yard Urban Renewal District Plan – 2020 Page 50 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: 1) The ratio of the population within each municipality to the total population in all cities and Towns in the State; and 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: Pole Yard Urban Renewal District Plan – 2020 Page 51 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 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. Pole Yard Urban Renewal District Plan – 2020 Page 52 • 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; and • perform such other functions as are necessary to carry out the purposes of this part and to further the objectives of the district. 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 Pole Yard Urban Renewal District Plan – 2020 Page 53 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. 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 Pole Yard Urban Renewal District Plan – 2020 Page 54 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. 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 Pole Yard Urban Renewal District Plan – 2020 Page 55 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. 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. Pole Yard Urban Renewal District Plan – 2020 Page 56 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. Pole Yard Urban Renewal District Plan – 2020 Page 57 Chapter 8. Urban Renewal Program Evaluation and Plan Amendments The Pole Yard Urban Renewal District 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; ➢ Value of private investment; ➢ Creation of jobs within the URD; and ➢ Elimination of blighted conditions. The Plan provides flexibility to accommodate a variety of approaches that are reflected in annual work plans and budgets. The Plan is in accordance with §7-15-4217 as adopted by Ordinance No. 2055 in that it: 1. conforms to and will implement the goals and objectives of the Bozeman Community; 2. is 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 private enterprise; 3. does not displace any persons from adequate housing; however, if necessary, in the future, a workable and feasible plan for the relocation of families displaced from the District and to coordinate public and private agencies in such relocation will be prepared; and 4. includes a sound and adequate financial program to use the tax increment financing provision as a tool to foster rehabilitation and redevelopment; allows for, as revenues permit, the issuance of tax increment financed bonds; and promotes the use of tax increment financing to leverage private and public funding sources. However, changes over time may necessitate more formal amendments to the Urban Renewal District Plan. The Urban Renewal District Plan may be modified by ordinance under §7-15-4221 MCA. Pole Yard Urban Renewal District Plan – 2020 Page 58 References Bureau of Business and Economic Research University of Montana. (2020, May). The Economic Impacts of Covid-19 in Montana Revised Analysis. Retrieved July 2020, from Bureau of Business and Economic Resarch: http://www.bber.umt.edu/pubs/econ/CovidStudy.pdf Census, U. (2019, July). Retrieved July 2019, from https://factfinder.census.gov/faces/nav/jsf/pages/community_facts.xhtml City of Bozeman. (2016, November). Retrieved from City of Bozeman Economic Development Strategy Update: http://weblink.bozeman.net/WebLink8/0/doc/113116/Electronic.aspx City of Bozeman. (2018, April 16). Innovative Economy. Retrieved August 2020, from Bozeman Strategic Plan: https://strategic-plan-bozeman.opendata.arcgis.com/pages/innovative- economy City of Bozeman. (2020, March 17). Bozeman Montana 2019 Community Plan. Retrieved from City of Bozeman: https://www.bozeman.net/city-projects/bozeman-community-plan- update U.S. Census. (2017). SELECTED ECONOMIC CHARACTERISTICS more information 2013-2017 American Community Survey 5-Year Estimates. Retrieved July 2019, from United States Census - American Fact Finder: https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=CF United States Census. (2019, July 1). Census QuickFacts. Retrieved June 2020, from https://www.census.gov/quickfacts/fact/table/US/PST045219 United States Environmental Protection Agency. (2020, February 3). EPA deletes portion of Idaho Pole Company site in Gallatin County, Montana from Superfund list. Retrieved June 2020, from United States Environmental Protection Agency: https://www.epa.gov/newsreleases/epa-deletes-portion-idaho-pole-company-site- gallatin-county-montana-superfund-list United States Environmental Protection Agency. (n.d.). IDAHO POLE CO. BOZEMAN, MT Cleanup Activities. Retrieved June 2020, from Cleanup Activities: https://cumulis.epa.gov/supercpad/SiteProfiles/index.cfm?fuseaction=second.Cleanup &id=0800379#bkground US Census. (2011, May 4). US Census. (2018). American Community Survey Demographic and Housing Estimates. Retrieved May 2020, from https://data.census.gov US Census. (2020, May 19). US Census Bureau News. Retrieved June 2020, from https://www.census.gov/retail/mrts/www/data/pdf/ec_current.pdf Pole Yard Urban Renewal District Plan – Appendix A – 2020 Page A-1 Appendix A. Community Engagement Pole Yard Urban Renewal District – Public Informational Meeting Via Webex September 9th, 2020 Meeting Summary Panelists: Brit Fontenot, Director, Bozeman Economic Development David Fine, Bozeman Economic Development Mike Veselik, Bozeman Economic Development Dani Hess, Bozeman Community Engagement Coordinator Janet Cornish, CDS of Montana, project consultant Lanette Windemaker, AICP, project consultant 15 Participants joined the meeting via Webex The meeting began with a slide show that included information on the Montana Urban Renewal Law and how it can provide the City with a useful “tool” to address conditions that contribute to blight within an area in the northeast quadrant of the City of Bozeman (the Pole Yard). The ability to use Tax Increment Financing (TIF) to help fund urban renewal projects was also addressed. The slide show presented information contained in the “Statement of Blight”, which is the basis for the Resolution of Necessity, which will be considered by the Bozeman City Commission on September 15th, 2020. The Resolution establishes the eligibility of the Pole Yard for Urban Renewal District (URD) designation. The presentation also demonstrated how the creation of a URD would be in keeping with existing City plans related to the economy and public infrastructure. Finally, goals for the urban renewal district were listed. Following the presentation about the proposed Pole Yard URD, members of the public were invited to submit questions orally and in writing to the panelists. Participants asked questions and expressed concern about the following: • How development can occur in light of the Superfund designation on the Idaho Pole site/what restrictions would be in place. Answer: The URD has no control over development; development must follow applicable City, State and/or Federal requirements. • Whether “de-listing” of the site (reference to the National Priorities List established by the US Environmental Protection Agency) will create a health and safety issue. Answer: This is a legal question. The URD has no impact on the legal issues having to do with the Superfund site. • Why certain sites adjacent to the study area were not included, particularly wetlands. Answer: Urban renewal is an economic development tool to help grow the tax base; parcels not intended for economic development are generally not included. Pole Yard Urban Renewal District Plan – Appendix A – 2020 Page A-2 • Why graffiti is considered “blight”, when it can be described as public art. Answer: Graffiti applied without the property owner’s consent can be considered blight. • Liability issues associated with making the Idaho Pole site part of a URD. Answer: This is a legal question. The URD has no impact on the legal issues having to do with the Superfund site. • Whether this is this a new tax or just a redistribution of tax dollars. Answer: Urban renewal does not add any new taxes; TIF affects the way that the incremental increases in property taxes are distributed once collected. • Types of projects proposed for the URD. Answer: Priority may be given to public infrastructure that promotes public health and safety; such as sewer, water and street improvements. The City Commission will determine what has priority. • How TIF would affect individual property owners. Answer: Urban renewal does not add any new taxes; however, if an individual property owners improve their properties, the State of Montana will adjust their property taxes appropriately. • Funding trail connections from the wetlands to the depot. Answer: Trail connections, parks and public open space are eligible for funding; however, all funding is evaluated based on criteria such as - priority, nexus, proportionality and connectivity. • The urgent need to understand the consequences of development now, rather than at the time a specific development is proposed. Answer: The City can only respond to specific requests, not hypothetical development ideas. • Understanding why anyone would oppose the creation of a URD. Answer: Opposition comes from a lack of understanding about urban renewal and TIF, the stigma of a blight designation, and a philosophical disagreement with the “but for” need for urban renewal, believing that development will occur anyway. • Who makes the decision on creation of a URD and what projects are funded? Answer: The City Commission is the final authority; it approves the budget and all work must be done in accordance with the City procurement requirements. Pole Yard Urban Renewal District Plan – Appendix A – 2020 Page A-3 Pole Yard Urban Renewal District – School District Public Informational Meeting Via Webex September 14th, 2020 Meeting Summary Attendees: Brit Fontenot, Director, Bozeman Economic Development Mike Veselik, Bozeman Economic Development Dani Hess, Bozeman Community Engagement Coordinator Lanette Windemaker, AICP, project consultant Mike Waterman, Bozeman Public Schools - Business Services Steve Johnson, Bozeman Public Schools - Operations Andy Willett, Chair, School Board Trustee Douglas Fischer, School Board Trustee The meeting began with a slide show that included information on the Montana Urban Renewal Law and how it can provide the City with a useful “tool” to address conditions that contribute to blight within an area in the northeast quadrant of the City of Bozeman (the Pole Yard). The ability to use Tax Increment Financing (TIF) to help fund urban renewal projects was also addressed. The slide show presented information contained in the “Statement of Blight”, which is the basis for the Resolution of Necessity, which will be considered by the Bozeman City Commission on September 15th, 2020. The Resolution establishes the eligibility of the Pole Yard for Urban Renewal District (URD) designation. The presentation also demonstrated how the creation of a URD would be in keeping with existing City plans related to the economy and public infrastructure. Finally, goals for the urban renewal district were listed. Following the presentation about the proposed Pole Yard URD, the attendees were invited to ask questions and comment on the proposal. • Steve Johnson commented that the school district does have to levy higher taxes because of URD districts; and objects to the potential 40-year lifespan of URD districts. • Mike Waterman showed graphs that indicated URDs comprised 4.25 percent of the elementary school district; and account for $11.59 per $100,000. • There was discussion about how the area of these districts was selected, and if there were any more on the horizon. • Brit Fontenot concurred that there are no other areas under consideration at this time. • It is unknown at this time if the School Board will have this as an item on a formal agenda; and/or take a position on the item. Pole Yard Urban Renewal District Plan – Appendix A – 2020 Page A-4 Pole Yard Urban Renewal District Plan Meeting with the Gallatin County Commission September 21, 2020 – 8:30 a.m. Attendees: Commissioners Joe Skinner, Scott MacFarlane and Don Seifert City of Bozeman Representatives Brit Fontenot, Dani Hess and Mike Veselik Urban Renewal Consultants Janet Cornish, CDS of Montana and Lanette Windemaker, AICP County Staff Summary: Brit presented slides summarizing the purpose of and the process associated with the creation of an urban renewal district as well as the timeline for the creation of the Pole Yard Urban Renewal District. Information included a map of the study area examined for conditions that contribute to blight and an explanation of tax increment financing (TIF), a tool that is authorized for use in urban renewal districts in state statute. Following the presentation, there was a discussion of those present and the following questions were addressed: Question: Is there any county land within the study area? Answer: There is a tiny piece within the study area that will be removed. Lands north and east of the study area are within the county. Question: Can the county property within the study area be annexed and then included in the new urban renewal district (URD)? Answer: There is not enough time to complete an annexation within the time frame for the creation of this URD. Question: Why is the City of Bozeman choosing to complete the process of creating a URD with a TIF provision by the end of 2020? Answer: The City wants a base year of 2020 and in accordance with the current state statutes. The 2021 Legislature could make changes to the law and the City prefers to operate under existing conditions. Question: Where are we on the life of the Downtown URD (the oldest one in the City of Bozeman)? Answer: The district’s life has been extended until 2032 in order to pay debt service on a TIF bond. The City of Bozeman has a remittance agreement for this district with the County and the School District. Question: Does the Commission have any decision-making authority with respect to the creation of a URD? Pole Yard Urban Renewal District Plan – Appendix A – 2020 Page A-5 Answer: The Commission can offer input but does not have decision-making authority. Question: What is the actual life of a URD tax increment provision? Answer: A district is authorized for 15 years but bonds can be issued for a period not to exceed 25 years. Bonds extending the life of a district cannot be issued after the 15th year. Question: Has the City given any consideration to adjusting the base value of the district at some point in the future? Answer: The Urban Renewal Plan does not specifically mention whether the City has any interest in adjusting the base; however, state statute does allow for that to occur. Question: Is any action required of the Commission? Answer: No, this was just an informational meeting. The Commission will receive a notice of the public hearing on the ordinance creating the URD and adopting the plan, where there will be an opportunity to offer input. Following the discussion, members of the Commission indicated an interest in learning of the final boundary, once determined. Pole Yard Urban Renewal District Plan – Appendix A – 2020 Page A-6 Pole Yard Urban Renewal District Public Informational Meeting with Gallatin Local Water Quality Board September 3rd, 2020 Summary Attendees: Brit Fontenot, Director, Bozeman Economic Development City staff updated the Board on the City of Bozeman’s consideration of creation of an Urban Renewal District (URD) on the Idaho Pole site. A URD is a tool available to local governments to help develop blighted areas and move toward use of Tax Increment Financing (TIF) funds to use public funds to pay for public infrastructure and incentivize private development. The City of Bozeman staff described this process and expressed their interest in ongoing dialogue. The Board was not being asked to make any decisions regarding the Idaho Pole site. Pole Yard Urban Renewal District Public Informational Meeting with Gallatin County Board of Health September 24th, 2020 Summary Attendees: Brit Fontenot, Director, Bozeman Economic Development City staff updated the Board on the City of Bozeman’s consideration of creation of an Urban Renewal District (URD) on the Idaho Pole site. A URD is a tool available to local governments to help develop blighted areas and move toward use of Tax Increment Financing (TIF) funds to use public funds to pay for public infrastructure and incentivize private development. The City of Bozeman staff described this process and expressed their interest in ongoing dialogue. The Board was not being asked to make any decisions regarding the Idaho Pole site. Pole Yard Urban Renewal District Plan – Appendix B – 2020 Page B-1 Appendix B. Property Ownership Missing address: 06079906437260000 (0350-T1, Downtown TIFD) KENYON NOBLE LUMBER CO PO BOX 1109 BOZEMAN, MT 59771-1109 Pole Yard Urban Renewal District Plan – Appendix B – 2020 Page B-2 None of the following were identified withing the district boundaries: • Condominiums and identifying information including geocodes and master geocodes. • 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. This information is intended to help document notice requirements and assist the Montana Department of Revenue with recognition of the District. 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.