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HomeMy WebLinkAbout10-21-21 Agenda - Northeast Urban Renewal Board (NURB)A.Call meeting to order at 6:30pm Via Webex: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php? MTID=e2ba24963e58348bfd096a9487123df22Via Phone: Call-in toll number (US/Canada): 1-650-479-3208 Access code: 2556 462 1182 B.Disclosures C.Changes to the Agenda D.Public Comment Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Committee. There will also be an opportunity in conjunction with each action item for comments pertaining to that item. Please limit your comments to three minutes. E.Action Items E.1 Northeast Urban Renewal District Tax Increment Financing (TIF) Assistance Program Criteria for TIF Assistance(Fine) E.2 Financial Report on the status of the Northeast Urban Renewal District Fund.(Fine) F.FYI/Discussion G.Adjournment THE NORTHEAST URBAN RENEWAL BOARD OF BOZEMAN, MONTANA NURB AGENDA Thursday, October 21, 2021 For more information please contact David Fine, dfine@bozeman.net This board generally meets the third Thursday of the month from 6:30 PM to 8:30 PM Committee meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301). 1 Memorandum REPORT TO:Northeast Urban Renewal Board FROM:David Fine, Economic Development Program Manager SUBJECT:Northeast Urban Renewal District Tax Increment Financing (TIF) Assistance Program Criteria for TIF Assistance MEETING DATE:October 21, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Make a recommendation to the Bozeman City Commission regarding the criteria that should be used for evaluating projects seeking financial assistance through the Northeast Urban Renewal District. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Midtown Urban Renewal District (URD) has a program for TIF assistance, authorized by City Commission Resolution, that gives the Board and Staff a framework for evaluating how projects meet the goals of the urban renewal plan. This proposal would give the Northeast URD a similar, Commission approved, framework for considering projects seeking assistance with TIF eligible expenditures. Staff is requesting that the Board review and make recommendations regarding the criteria for TIF assistance in this proposed program. UNRESOLVED ISSUES:n/a ALTERNATIVES:n/a FISCAL EFFECTS:This program has no direct fiscal effects. Projects approved under this program will have their own individual fiscal effects. Attachments: NortheastTIFAssistance.pdf NortheastTIFApplication_Fillable.pdf Report compiled on: September 10, 2021 2 NORTHEAST TAX INCREMENT FINANCING (TIF) ASSISTANCE PROGRAM INTRODUCTION The Northeast Urban Renewal Plan (“Plan”), adopted by the Bozeman City Commission on November 14, 2005, authorized the Northeast Urban Renewal Board (“Board”) to establish monetary incentives in the Northeast Urban Renewal District (“District”) in support of the Plan’s goal to promote economic development. The Board established and administers this Tax Increment Financing (“TIF”) assistance program for the redevelopment and rehabilitation of properties within the District. TIF assistance applications are subject to program eligibility criteria and project guidelines listed below. Applications will be accepted and processed in the order in which they are received and approved based on the availability of funds for the program. PURPOSE The purpose of the TIF assistance program is to encourage desirable development and redevelopment projects, as well as assist projects that would not otherwise occur “but for” the assistance provided through tax increment financing. The purpose of this document is to provide guidelines for the Board to offer monetary incentives for development activities in the District in the form of TIF assistance funds. This policy shall be used as a guide in processing and reviewing applications requesting TIF assistance. The Board shall have the option of amending or waiving sections of this policy when it determines, in its sole discretion, such an amendment or waiver is necessary or appropriate. In amending or waiving any sections of this policy, the Board shall document the reason for the deviation. The provision of financial assistance is at the sole discretion of the Board. The Board reserves the right to reject or approve applications on a case-by-case basis, taking into account established policies, specific project criteria and the demand on District services in relation to the potential benefits to be received from the proposed project. Meeting policy guidelines or other criteria does not guarantee the award of TIF assistance. Furthermore, the approval or denial of one application is not intended to set precedent for approval or denial of another application. PROGRAM OBJECTIVES The primary objective of the TIF assistance program is to encourage investment in development and redevelopment of commercial and mixed-use property within the District in accordance with the provisions of the Montana Urban Renewal Law (7-15-4209, 7-15-4233, and 7-15-4288, M.C.A.). Additional District objectives are to: 3 Page 2 of 4 Northeast Urban Renewal District TIF Assistance • Balance commerce and livability in the District within the mixed-use framework; • Encourage the health, safety and security of the District; • Honor the unique character and vitality of the District; and • Reduce blighting influences in the District The grants are awarded at the discretion of the Board as authorized by the Bozeman City Commission, based upon review of the Applicant's compliance with program objectives, eligibility requirements, and eligible construction activities. GENERAL POLICIES 1. TIF assistance priority will be given to projects that do not have the financial feasibility to proceed without the benefit of the assistance. 2. The applicant shall provide market and financial feasibility studies, appraisals or other information provided to private lenders for the project as well as any other information or data which the Board, or its financial consultants, may require in order to review the need for TIF assistance. 3. TIF assistance will not be used for projects that place extraordinary demands on District infrastructure or services. 4. The applicant must be able to demonstrate, to the Board’s satisfaction, an ability to construct, operate and maintain the proposed project based upon past experience, general reputation and credit history. 5. The applicant shall provide sufficient market, financial, environmental and other data relative to the successful operation of the project. 6. The Applicant must retain ownership of the project long enough to complete it, to stabilize its occupancy, to establish the project management, and to initiate payment of taxes based on the increased project value. This application must be signed by both the applicant(s) and the property owner(s) (if different). 7. Project plans and construction must comply with all applicable code and permit requirements. Applicant is advised to consult with the City of Bozeman planning and building departments, licensed architects, engineers, or building contractors before proceeding with final plans or construction. 8. The Applicant must demonstrate significant leverage of private investment through the use of public dollars. ELIGIBLE COSTS TIF eligible expenses are defined by Montana Code Annotated, 7-15-4288 and further limited by 4 Page 3 of 4 Northeast Urban Renewal District TIF Assistance the Plan. The project seeking TIF assistance must be located within the boundary of the District. Costs related to the following are eligible for financial assistance: 1. Demolition and removal of structures 2. Construction and improvement of public improvements or infrastructure, including streets, curbs, gutters, sidewalks, alleys, parking lots and off-street parking facilities, sewer lines, storm sewers, waterlines, and impact fees Requests for funding above $50,000 will require the ratification of the Bozeman City Commission. DISBURSEMENT OF ASSISTANCE FUNDS The TIF assistance program is a reimbursement program. No funds will be disbursed until all completion criteria have been satisfactorily met as determined by the Board in its sole discretion. At the end of the project, the recipient will submit a Certificate of Completion and required supporting documentation to the Board including itemized invoices and other documentation as the Board may reasonably request. USE OF ASSISTANCE FUNDS The award of TIF assistance funds is subject to the Applicant entering into a grant agreement with the District. The grant agreement will include requirements that the grantee comply with (i) applicable City of Bozeman procurement regulations related to bidding, hiring, and prevailing wages; (ii) the City’s nondiscrimination policy; and (iii) State of Montana public records laws. The grant agreement will include such additional terms as the District in its sole discretion determines are prudent or necessary to fulfill the goals of the TIF assistance program. TIF assistance funds must be used within two years of the date of the Letter of Award. Any funds not disbursed to the Applicant within that time will remain in the District fund. The Board, in its sole discretion, may provide an extension of up to one year to the original two-year timeframe. Use of TIF assistance funds must be in compliance with the terms of the grant agreement between the Applicant and the District. REVOCATION OF AWARD The grant agreement will include terms providing that an award of TIF assistance may be revoked by the Board if the Board finds, in its sole discretion, that Applicant has failed to comply with any of the terms of the assistance program or grant agreement, or has failed to provide information or provided inaccurate information on the application. Upon such a finding, the Board will provide Applicant with notice of the default and a 30-day opportunity to cure before the award is revoked. The grantee will be required to return TIF assistance funds already disbursed pursuant to the terms of the grant agreement. 5 Page 4 of 4 Northeast Urban Renewal District TIF Assistance DISCLAIMER: Neither the Board nor the City of Bozeman will be responsible for the planning, design, or construction proposed by any work conducted as part of the TIF assistance program. No warrantees or guarantees are expressed or implied by the description of, application for, award of or participation in the TIF assistance program. APPLICATION PROCESS AND PROCEDURE Application for TIF assistance shall be made on the forms provided by the Board and submitted to the Economic Development Department for review and comment. Deadlines for submittals shall be as published and posted by the Board. Incomplete forms will be returned to the applicant with an explanation on additional information as may be required. Prior to submitting the grant application, the Applicant must have obtained and provide to the Board written comments on the proposed development from the Conceptual Review Application through the Community Development Department. The Conceptual Review must provide adequate detail to receive comments from the Engineering Division on required utility connections and off-site infrastructure. For projects seeking TIF assistance for demolition or payment of impact fees, the City of Bozeman Economic Development Department will review the application and provide a recommendation to the Board and, if applicable, the Bozeman City Commission. Application for TIF assistance are reviewed and analyzed using the information provided by the application. Criteria are provided in the application materials and the applicant should provided detailed documentation to demonstration adherence with the goals of the program. In addition, an analysis by a third-party economic consultant will be used to evaluate the application for creation of new taxable value. The analysis will include a return on investment and estimated payback period for public assistance and proposed metric for the ratio or private investment to public assistance. An additional assessment will be completed of the development pro forma in order to assess the reasonableness of the applicant’s incentive request. If approved by the Board, or City Commission, a “letter of intent” outlining the specific terms and conditions of the TIF assistance will be provided to the applicant. SUBMITTAL INFORMATION There are two parts to the application. All applicants must complete Part 1. Applicants requesting TIF assistance above $50,000 must complete and include information identified in Part 2.  Part 1 – All Applications  Part 2 – Applications requesting funding over $50,000 6 Northeast TIF Assistance Application Part 1 Page 1 Northeast Urban Renewal District Tax Increment Financing Assistance (TIF) Application PART 1 PROJECT INFORMATION Project Name: Property Address: __ Legal Description: Property Geo-Code: 06- County Tax ID #: Property Status: ☐Vacant Land ☐Building on Leased Land ☐Existing Building APPLICANT INFORMATION Applicant’s primary contact: Name: Business Name: Business Phone: _______________________________Cell Phone: Email: Project Representative (if not applicant): Name: Business Name: Business Phone: _______________________________Cell Phone: Email: Property Owner (if not applicant): Name: Business Name: Business Phone: _______________________________Cell Phone: Email: Please attach a list of additional owners, business partners, developers and/or investors associated with this project, with the above information provided for each. 7 Northeast TIF Assistance Application Part 1 Page 2 COMPANY PROFILE Business Location ☐New business establishing itself in Bozeman☐Existing business☐Expanding/remodeling at same location☐Expanding to an additional location☐Existing business relocating from (identify location): Street Address: City: State: Zip: ☐Other: Year Business Established: Type of Business (Describe): Has a business plan been developed in relation to the proposed project? ☐No (Development of a business plan may be required as part of the application process)☐Yes (Include a copy with the application) TIF ASSISTANCE REQUEST DETAIL Type of TIF Assistance Sought: ☐Requesting assistance for public infrastructure costs☐Building demolition Value of TIF Assistance Sought: $ Will this project proceed if TIF assistance is not granted? Explanation for response must be included in the required project narrative. ☐No ☐In a limited fashion ☐Yes, but at a later date ☐Yes, as scheduled ☐Other 8 Northeast TIF Assistance Application Part 1 Page 3 This application must be signed by both the applicant(s) and the property owner(s) (if different). I (we), by signature below, certify that the information supplied in this application is, to the best of my (our) knowledge, true, accurate, and complete, and is provided for the purpose of obtaining approval to participate in the Pole Yard Urban Renewal District TIF assistance program. I (we) understand that failure to comply with the terms of the TIF assistance program may result in revocation of an award. I (we) understand the work to be undertaken must be in accordance with all applicable requirements of the Bozeman Municipal Code and any special conditions established by the approval authority and must receive all required approvals prior to commencing the work. I (we) understand if approved for TIF assistance, the work to be performed must also be in accordance with TIF assistance program procedures and the general design guidelines for the District, as well as the specific plans approved for the project. I (we) acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I (we) agree to grant City personnel and other review agency representative’s access to the subject site during the course of the review process (Section 38.34.050, BMC). Applicant (s) (Print Name) Signature of Applicant Date Property Owner(s) (Print Name) Signature of Property Owner Date 9 Northeast TIF Assistance Application Part 1 Page 4 REQUIRED INFORMATION 1.Project Narrative Provide a narrative overview of the project including each of the following elements: a.Public Benefits Projects with a high degree of public benefits are typically more likely to receive TIF assistance. The criteria matrix of this application guides the Board and City Commission to understand and evaluate the public benefits for a project. Provide a detailed narrative response to each criterion and include supporting documentation. b.Project Description 1.Describe the status of the property status, including ownership and leases 2.Description of business(es) to benefit from the TIF Assistance 3.Identify all proposed uses: e.g. industrial, commercial, retail, office, mixed use, residential for sale or for rental, etc. 4.Total number and individual square footage of residential units; type of residential units (e.g. for-sale, rental, condominium, single-family, etc.); number and type of parking spaces provided; and construction phasing. 5.Value of TIF assistance requested – requests over $50,000 require Part 2 of the application c.Project Timeline 1.Provide anticipated dates for site acquisition, project start, completion, estimated date of occupancy, and other project milestones. Multi-phase projects must include details for each phase. The timeline should also identify any critical or time-sensitive dates as well as any time constraints facing the applicant. 2.Provide detailed explanation on impact on the timeline if TIF assistance is not granted at the requested amount. d.Construction information Size of any existing structure to be demolished or rehabbed; size of any new construction; types of construction materials (structural and finish); delineation of square foot allocation by use 2.Site Maps and Building Plans The Applicant must submit a completed Conceptual Review Application or Pre-Application and City responses to the Board. The application must include, at minimum: a.Photographs of project site and/or building b.Map showing the location of the site and its immediate surroundings c.Proposed development plans including site plans, floor plans, and building elevations d.Description of parking accommodations for residential units and commercial uses e.Anticipated off-site infrastructure improvements, including anticipated costs, and City comments on those infrastructure improvements f.Copy of Concept Review comments 3.Completed Criteria Matrix (see next page) The applicant must complete the matrix indicating criteria that apply to this project and points requested. Final determination of point and applicable criteria will be made by District Staff and the City of Bozeman. 10 Northeast TIF Assistance Application Part 1 Page 5 CRITERIA FOR TIF ASSISTANCE The Board will review each TIF assistance application the Board using the following criteria and point system. Points can range from 0 to the maximum shown below in each category. The following criteria will be used to rate your project. To receive points for any given item, provide a detailed narrative response to each criterion and include documentation demonstrating adherence to the criteria must be submitted with the application. The Board will use this information to evaluate the project. Northeast District Goals Points Ensure the health, safety, and security of the District 1. Infrastructure Improvement: The project will repair, replace, or improve outdated or insufficient infrastructure /6 2. Multimodal Transportation: The project incorporates infrastructure that facilitates safe, efficient, and convenient access of the district for all modes of transportation /4 3. Public Utilities: The project will incorporate public utilities in a way so that they are not visually or physically obtrusive /2 Balance Commerce and Livability within the Mixed-Use Framework 4. Mix of Uses: The project incorporates mixed use development that promotes livability /4 5. Community Housing: The project includes affordable housing units. For the purposes of this criterion, an affordable housing unit is defined as a unit that requires no more than 33 percent of a household’s income for housing payments based on a designated percentage of area median income (AMI). Eligible rental units shall be affordable at 70% AMI and eligible for sale units shall be affordable at 90% AMI. Condominium units are eligible as for sale units. Additional points may be awarded for projects that provide on-site housing for the proposed workforce. Eligible rental dwellings to be constructed in the proposed residential development shall be provided by long-term contractual obligation to an affordable housing agency, for a period of not less than 20 years, with a written plan assuring ongoing affordability pricing and eligibility monitoring, and annual re-certification. The city's affordability guidelines and subsequent revisions establish affordability and eligibility. To receive 3 points under this criterion, 10% of all units must meet the affordability criteria. To receive 6 points under this criterion, 20% of all units must meet the affordability criteria. /6 Honor the Unique Character and Vitality of the District 6. Character: The physical design, materials, and massing of the project reflects the community’s values of durability, flexibility, and simplicity, and add vitality to the neighborhood /2 7. Sustainability: The project’s design and construction practices incorporate environmentally sustainable strategies and elements /2 Public Open Space is Essential to a Healthy and Appealing Urban Environment 8. Open Space: The project designates new land for parks and open space /4 9. Landscaping: The project improves landscaping in existing public spaces /2 The Costs of Projects and Programs shall be Weighed Against their Benefits of the District 10. Return on Investment: The investment of public funds in the project results in a leverage ratio of at least 10:1 for residential projects; 8:1 for commercial projects; and/or 5:1 for living wage jobs /4 11 Northeast TIF Assistance Application Part 1 Page 6 The City shall not Limit its Vision for the District Improvements to Monies Available Solely through the TIF Funding 11. This project involves and/or will encourage public-private partnerships that will add value to the District and its investments. /4 Projects shall Consider Impacts on Adjacent Neighborhoods The project is complimentary to adjacent neighborhoods, not just Northeast /2 12. Total Points /42 APPROVAL (For Official Use Only) Approval Status: Date Approved: Date Letter of Award Sent: Date Certificate of Completion: Date of Payment Request: Compatible 12 Northeast TIF Assistance Part 2 Page 7 PART 2 FOR PROJECTS REQUESTING OVER $50,000 IN ASSISTANCE Project Financial Information In order for the City of Bozeman Economic Development staff to adequately review applications seeking TIF assistance, the following information must be submitted with the application. This information will be used to perform a third-party financial analysis to determine the project’s anticipated return on investment (ROI) and reasonableness of developer profit. The goal of the Northeast TIF Assistance program is to make projects financially feasible. Therefore, projects that demonstrate financial need for public funding will be given priority. 1. Sources & Uses of Funds a. Identify the sources of funds used to finance the project. Typical sources include equity, lender financing, mezzanine financing, other anticipated types of public assistance, and any other types or methods of financing. Describe the sources of equity and include a term sheet for lender financing, if available. b. TIF assistance is available as a reimbursement after the project is complete. Thus, the project budget must identify the up-front sources intended to finance the development costs of the project. If determined, specify the specific line items of the project budget that each source will finance. c. Summarize the uses of funds. General categories to be identified include acquisition and related site costs, hard construction costs, and a breakdown of soft costs. 2. Development Budget Provide an accurate and detailed development budget for the project that includes a detailed breakdown of significant line item costs consistent with the sample included in the application packet. The budget should be arranged to identify acquisition and site related costs, hard costs, and soft costs. Also, identify all line items that are performed by the developer, owner, or related entities. 3. Budget of TIF Eligible Expenses Identify which of the development budget costs are eligible for reimbursement as allowed by 7-15- 4288, MCA. 4. Financial Commitments Submit commitment letters and/or term sheets from all lenders for proposed debt (such as construction, mezzanine, permanent, and government financing) and all other financial sources of the project (such as grants, and tax credits). Commitment letters must clearly specify the nature and terms of the obligations. 13 Memorandum REPORT TO:Northeast Urban Renewal Board FROM:Robin Sullivan, Recording Secretary David Fine, Economic Development Program Manager SUBJECT:Financial Report on the status of the Northeast Urban Renewal District Fund. MEETING DATE:October 21, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Review the report and ask questions. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:This report provides a summary of expenditures within the current fiscal year as compared to the City Commission approved Work Plan and Budget for Fiscal Year 2022. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:n/a FISCAL EFFECTS:The spending report does not have any fiscal effects. Attachments: 21-22 work plan update 102121.xlsx Report compiled on: October 14, 2021 14 FY22 Budget Update 10/21/2021 Revenues: Estimated Beginning Balance $370,000.00 $569,844.00 FY22 Tax Increment $270,000.00 $38,456.00 Delinquent Increment $31,817.00 State Shared/Entitlement Interest $1,000.00 Total Estimated Revenues $641,000.00 $640,117.00 Expenditures: Infrastructure Front Street - Idato East Aspen Engineering $18,000.00 Front Street - Tamarack to Ida Construction $190,000.00 Pedestrian Bridge/East Aspen Street Engineering Front Street connector trail $15,000.00 Parking Structure $50,000.00 Subtotal - Infrastructure $273,000.00 Maintenance Trails/Boulevards Maintenance $5,700.00 $120.00 Subtotal - Maintenance $5,700.00 $120.00 Administration Staff Support $3,000.00 $375.00 Administrative Services $18,000.00 $2,844.00 Professional Services $10,000.00 $660.00 Bond Repayment $93,000.00 Subtotal Administration $124,000.00 $3,879.00 Reserves Designated Reserve - Bond $120,900.00 Designated Reserve - Projects $117,400.00 Subtotal Reserves $238,300.00 $0.00 Total Expenditures $641,000.00 $3,999.00 Balance $636,118.00 Northeast Urban Renewal District 2021-2022 15