HomeMy WebLinkAboutAnnual Work Plan and Budget Amendment for the North Seventh Urb (2)
Commission Memorandum
REPORT TO
:Honorable Mayor and City Commission
FROM:
Keri Thorpe, Assistant Planner
Tim McHarg, Planning Director
Anna Rosenberry, Finance Director
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SUBJECT
:Annual Work Plan and BudgetAmendmentfor the North 7Avenue
Urban Renewal Board (NSURB)
MEETING DATE
:September 26, 2011
AGENDA ITEM TYPE:
ActionItem
RECOMMENDATION
:Approvethe NSURBAnnual Work Plan and BudgetAmendment for
Fiscal Year 2012.
RECOMMENDED MOTION: Based upon the information provided,I move to approve
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the N. 7Avenue Urban Renewal Board’s Amendment to theirAnnual Work Plan and
Budget for Fiscal Year 2012 asrecommended by Staff.
BACKGROUND
:On September 13, 2011, theNSURB unanimously approved the attached
amendment to their FY12 Work Plan and Budget. The NSURB proposes a grant up to $50,000 to
reimburse Amerco Real Estate Company(Uhaul)for frontage improvementswhich include a
landscaped boulevard and sidewalk.
TheNSURBproposes a Work Plan and Budget and submits a report on an annual basis as per
Section7-15-4237 of the Montana Code Annotated 2009,
“(1) An agency authorized to transact business and exercise powers under this part and
part 43 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.
(2) The report shall include a complete financial statement setting forth its assets,
liabilities, income, and operating expenses asof the end of the fiscal year.”
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Per Ordinance 1685 which adopted the N. 7Avenue Urban Renewal District Plan,
“The NSURB shall prepare an annual work program and budget that willlist the
activities and costs ofactivities for the coming fiscal year as well as the methodof
financing those activities.The NSURB shall provide public notice in the newspaper
and by other appropriate means and conduct apublic hearing prior to the submittal of
the annual work program to the City Commission.This program and budget may be
amended during the course of the city s fiscal year in light of funding and program
changes.All budgets and revised budgets shall be reviewed and approved by the City
Commission.”
UNRESOLVED ISSUES
:Staff has expressed concerns about whether or not the NSURB must
follow the Cityof BozemanPurchasing Policywith regard to the proposed grant to Amerco Real
Estate (Uhaul)in their amended budgetor whether NSURB has authority to move forward as
proposed by the powersgranted under Ordinance 1685.
ALTERNATIVES
:As suggested by the City Commission
FISCAL EFFECTS:
If approved by theCity Commission,the NSURB FY2012 Work Plan and
Budget Proposalwill be incorporated into the City of Bozeman FY2012 Annual Work Plan and
Budget.
Attachments:
1) NSURB FY2012 Work Plan and Budget Amendment, 2) Table 1 (amended),
3) Uhaul Frontage Improvements Plan and 4) NSURB September 13, 2011 meeting minutes
Report compiled on:September 15, 2011
Annual Work Plan and BudgetAMENDMENT
Fiscal Year 2012
N. 7th Avenue Urban Renewal Board
SUMMARY
The N. 7th Urban Renewal Board proposes to amend their FY2012Budget and Work Plan as
follows: Move $50K from N7Rehab ($16K from Façade/Site Improvements, $16K from
Demolition and $18K from Right of Way improvements) to provide a grant of up to $50K for
sidewalk and boulevard landscaping improvements at 815 N. 7th Avenue (Uhaul property).
BACKGROUND
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The property owner of 815 N. 7Avenue (Amerco Real Estate/Uhaul Real Estate Company)
received a Technical Assistant Grant (TAG) on May 16, 2011 after selectingBrett Potter of
Focus Architects to assist them withanalysis of potential building, signage and parking lot
improvements. Solutions to site drainage issues were explored and frontage improvements
including front yard landscaping, boulevard and sidewalkwere proposed. The site currently
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lacks sidewalk and landscaping along N. 7Avenue.
Mr. Potter submitted plans in completion of the TAG process and NSURB staff (Johnson and
Thorpe) provided informal review comments. Uhaul’s proposal implements the District Plan
by providing landscaping and a sidewalk thus improving both pedestrian connectivityand the
aesthetics ofthe District. Specifically, the proposal meets the following corridor goals:
1.Improve vehicular, bicycle and pedestrian circulation along the corridor
2.Guide new development along the corridor such that it improves the aesthetic experience
3.Coordinate public and private improvements
The Board needs to amend their FY2012 Budget and Work Plan because the project being
proposed does not fit within the established N7Rehab guidelines. The current N7Rehab
guidelines state that the maximum award is $50,000 or 15% of the total project cost,
whichever is less. For this project the NSURB’s contribution is 65% of the total project cost.
The Board is recommending the grant award asa reimbursement for improvements made in
the public right of wayand public access easement. The improvements implement the
District Plan and remedya significantly blighted condition within the District.
Preliminary plans have been drawnand are provided with this amendment. Focus Architects
continues to represent Uhaul during the implementation of their plans and is currently
preparing easement documents, requesting cost estimatesandpreparinga formal Sketch Plan
review application incorporating NSURB staff comments. Uhaul hopes to begin work
October15, 2011.
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N. 7 Urban Renewal Board FY2012 Annual Work Plan and Budget AMENDMENT
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STAFF RECOMMENDATION
Approve the NSURB amendment to their FY2012 Work Plan and Budget with the understanding
that Uhaul will enter into an agreement with the NSURB and City stipulating thatthe
improvements must be completed to the City’s satisfaction as approved following a formal
Sketch Plan Review of the project and that theCity’s standard contract language be added to the
agreement with Uhaul to meet the City requirements for insurance,non-discrimination and
indemnity for work performed in the public right of way.
AMENDED FY2012BUDGET
In 2008, the Board began implementing the North Seventh Urban Renewal District Plan by
establishing their top three priorities for the District: improving sidewalks, lighting and
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landscaping along the N. 7Avenue corridor. During the next fiscal year, the NSURB proposes
continuation of the redevelopment incentive program (N7Rehab)and focusing funds towards the
installation of new street lightsand related improvementsin a portion of the corridor.On
September 13, 2011, the NSURB convened a special meeting to consider a proposal to amend
their current FY2012 budget to provide funding for the Uhaul frontage improvements.The
NSURB recommends amendingtheir available funds as follows:
Engineering Services$115,862
Engineering services are needed to assist the Board with three of the District goals:
Provide a distinct identity for the corridor
Clearly define gateways at key locations along the corridor, and
Improve vehicular, bicycle and pedestrian circulation along the corridor.
Morrison-Maierle, Inc. has been hired to provide Lighting Design and Construction
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Administration for N. 7Avenue from Interstate 90 to Tamarack Street. The installation of
new light fixtures for the corridor was identified as one of their top three priorities for
District Plan Implementation in 2008. The NSURB recognizes that new light fixtures will
help establish a distinct identity for the corridor,define key intersections,improve vehicular
and pedestrian safety and improve the aesthetic experience of the corridor.
It is an allowable expense under Section 7-15-4288, MCA whichstates, “Costs that may be
paid by tax increment financing” allows the municipality to use tax increments to pay the
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N. 7 Urban Renewal Board FY2012 Annual Work Plan and Budget AMENDMENT
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following costs of or incurred in connection with an urban renewal project: (1) land
acquisition; (2) demolition and removal of structures; (3)relocation of occupants; (4) the
acquisition, construction, and improvement of infrastructure…; and 5) costs incurred in
connection with the redevelopment activities allowed under 7-15-4233…
These services will be paid for out of the remaining balance ofthe Big Box Fund allocation
to the NSURB.
N7Rehab $215,000
-
Façade and Site Rehab $48,000
-
Technical Assistance$36,000
-
Demolition$74,000
-
Public Right of Way Improvements$57,000
This funding proposal isfor the N7Rehabredevelopment incentive program to encourage
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developers to build on parcels along the N. 7Avenue corridor. It recognizes the
complexities of redeveloping parcels which have existing substandard buildings and
infrastructure and was createdto offset the costs of those complexities with grants for those
proposing work which eliminates blight and advances the implementation of the District
Plan. The program was approved by Resolution 4307 and is administered by the NSURB.
N7Rehabmeets the mission and goals of the District Plan by
guidingnew development along the corridor such that it improves the aesthetic
experienceand by assisting in
coordinatingpublic and private improvements
These proposed expenditures are allowable under Section 7-15-4233, subsection (1)(a),
MCA, which grants the City the power to formulate and coordinate a workable program as
specified in Section 7-15-4209, MCA, which states :(1) A municipality 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 theaforesaid activities or other feasible municipal activities as
may be suitably employed to achieve the objectives of such workable program.
(2) Such workable program may include, without limitation, provision for:
(b) the rehabilitation of blighted areas or portions thereof by re-planning, removing
congestion, providing parks, playgrounds, and other public improvements; by encouraging
voluntary rehabilitation; and by compelling the repair and rehabilitation of deteriorated or
deteriorating structures; and
(c) the clearance and redevelopment of blighted areas or portions thereof.
Additionally, Section 7-15-4288, MCAstates, “Costs that may be paid by tax increment
financing” allows the municipality to use tax increments to pay the following costs of or
incurred in connection with an urban renewal project: (1) land acquisition; (2) demolition
and removal of structures;(3)relocation of occupants; (4) the acquisition, construction, and
improvement of infrastructure;… and 5) costs incurred in connection with the
redevelopment activities allowed under 7-15-4233…
Uhaul Landscaping and Sidewalk Improvements Grant$50,000
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N. 7 Urban Renewal Board FY2012 Annual Work Plan and Budget AMENDMENT
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This grantaddresses two of the NSURB’s top three priorities and sets the stage for the
installation of new street lights along this portion of the corridor. The grant will funda
project which coordinates public and private improvements to providea sidewalk and
landscaped boulevardwhere currently there is none. This grant eliminates blight and
advances the implementation of the District Plan.
Ordinance 1685 states, “The NSURB may exercise any ofthe powers specified in MCA
7-15-4233.However,no entrance to any building or property in any urban renewal area
in order tomake surveys and appraisals in the manner specified in 7-15-4257shall be
made withoutthe owner’s permission.”
Within MCA 7-15-4233, NSURB is granted the authority under MCA 7-15-4255which
states the authority is toprovide or contract for services related to urban renewal. (1)
Every municipality shall have power to:
(a) provide or arrange or contract for the furnishing or repair by any person or
agency, public or private, of services, privileges, works, streets, or roads in connection
with an urban renewal project;
(b) install, construct, and reconstruct streets, utilities, parks, playgrounds, and other
public improvements.
(2) Every municipality shall have power to agree to any conditions that it may deem
reasonable and appropriate attached to federal financial assistance and imposed
pursuant to federal law relating to the determination of prevailing salaries or wages or
compliance with labor standards in the undertaking or carrying out of an urban renewal
project and to include in any contract let in connection with such a project provisions to
fulfill such of said conditions as it may deem reasonable and appropriate.
Section 7-15-4288, MCAstates, “Costs that may be paid by tax increment financing”
allows the municipality to use tax increments to pay the following costs of or incurred
in connection with an urban renewal project: (1) land acquisition; (2) demolition and
removal of structures;(3)relocation of occupants; (4) the acquisition, construction, and
improvement of infrastructure;… and 5) costs incurred in connection with the
redevelopment activities allowed under 7-15-4233…
As part of the grant award the NSURB will enter into an agreement with the property owner
to execute the project with the understanding that expenditures for the public improvements
are reimbursable up to $50,000 upon acceptance of the completed improvements.
Bus Shelter$1,000
Total funding for thisproject is $17,100. $16,100 of this expenditure is funded by the
Energy Conservation Community Block Grant (ECCBG) and was accounted for in the FY11
budget.Thebids came in slightly higher than anticipated so an additional $1,000 is being
requested.The shelter isbeing installed followingPhase I Sidewalk Improvementsnear the
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intersection of N. 7Ave. and Tamarack Street. Public transit is a component of re-
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developing N. 7Avenueto
ensure the health safety and security of the Districtand
balance commerce and livability in the District within the mixed use framework.
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N. 7 Urban Renewal Board FY2012 Annual Work Plan and Budget AMENDMENT
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It is an allowable expense under Section 7-15-4288, MCA which states, “Costs that may be
paid by tax increment financing” allows the municipality to use tax increments to paythe
following costs of or incurred in connection with an urban renewal project: (1) land
acquisition; (2) demolition and removal of structures; (3)relocation of occupants; (4) the
acquisition, construction, and improvement of infrastructure;… and 5) costs incurred in
connection with the redevelopment activities allowed under 7-15-4233…
Part-time staff and other Professional Services$10,000
The Board needs staff to assist with District Plan implementation.
This money is a permissible use under state statute 7-15-4288, (5), “costs incurred in
connection with the redevelopment activities allowed under 7-15-4233 and 7-15-4288 (7)
“administrative costs associated with the managements of the urban renewal area…”
Outreach$1,500
The Board has requested money for public noticing andoutreach eventsin the District. The
purpose of these outreach events isto inform property owners and the publicof the District
Plan and the N7Rehab program.
This money is a permissible use under state statute 7-15-4233, “Powers which may be
exercised by urban renewal agency or authorized department…(f) to disseminate blight
clearance and urban renewal information;”
Lighting, Gateway and related Sidewalk Improvements$316,173
The NSURB plans to implement installation of new street lights, gateway improvements
and related sidewalk improvements before the end of fiscal year 2012. Cost estimating is
being completed as part of Morrison-Maierle’s engineering services. The project scope will
likely be determined by late winter or spring of 2012.
See “Engineering Services” above for District Plan goals and applicable sections of the
MCA.
Oak Street Shared Use Path (CTEP Match)$ 15,000
The Oak Street Shared Use Path projectwas recommended by the Bozeman CTEP
committeeand is a joint project between the City and County. Completion of the project
will fill in missing sections of pedestrian facilities on the south side of Oak Street between
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N. 7and N. Rouse Avenues. A 10 foot wide asphalt path is planned. The NSURB has
pledged this money in partial fulfillment of the CTEP cost share requirement for the City’s
portion within the District.
TIF Correction$ 100,850
This money is being set aside for potential tax increment paybacksthat may be dueas a
result of pending applications beforethe County tax appeal board for reductions in valuation
of properties. The NSURB recommends this amount based on 20% of two years of tax
increment.
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N. 7 Urban Renewal Board FY2012 Annual Work Plan and Budget AMENDMENT
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SUMMARY
Seethe Summary below andTable 1 (amended) detailing FY2011 revenues/expenditures
and the proposedamendment to theFY2012 budget. The North Seventh Urban Renewal
District has on-going projects and funding sources allocated in previous fiscal years which
have not yet been expended. As such, these funds are included in Table 1 as “rollovers” and
deducted from “remaining revenue” for the preparation of the FY2012budget.
Actual Tax Increment Financing Funding fluctuates with on-going building and re-assessing
of property values. The FY2012 anticipated TIF amount may be different than estimated in
the attached report. Appeals to property valuations are currently under review may result in
a reduction in available funds. The NSURB will update their budget on an as-needed basis
and with approval from the City Commission.
FY12 SUMMARY
BALANCESFY12 TO BUDGET
TIF Balance584,749
Big Box Funds124,774
$709,523
PROPOSED FY12 PROPOSED FY12
ExpendituresBUDGETBUDGET
N7Rehab
-Façade and Site Rehab6400048,000
-Tech Assistance Grant Program3600036000
-Demolition9000074000
-Public right-of-way improvements75,00057,000
Bus Shelter1,0001,000
Uhaul landscaping & Sidewalk Improvements
Grant50,000
Part-time staff and other professional services10,00010,000
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Outreach1,5001,500
Lighting and Gateway316,173316,173
Oak Street Shared Use Pathway (CTEP match)15,00015,000
TIF correction100,850100,850
$ $
Total709,523 709,523
Attachments: Table 1, Uhaul Frontage Improvements Plan
Report prepared September 15, 2011 by
Keri Thorpe, Assistant Planner
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N. 7 Urban Renewal Board FY2012 Annual Work Plan and Budget AMENDMENT
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Unapproved minutes from September 13, 2011 special board meeting
KHOGDWWKH6WLII%XLOGLQJXSSHUFRQIHUHQFHURRP
TO DO List: Everyone attend September 26 commission meeting &
attend October 6 board meeting
Michelle chat with Jeff Krauss
Keri follow UHaul sketch plan review
Attendance: Andrew Cetraro, Mike Hope, Carl Solvie, Michelle Wolfe, Susan Fraser,
Brett Potter, Scott Hedglin, Keri Thorpe
Call to Order Michelle called to order at 7:00am.
Public Comment none.
UHaul participation agreement
Keri reported she met with legal and financial yesterday, noting the participation
agreement gets messy because not pure N7Rehab program. She had a new idea Brett
applying for N7Rehab grant for just their proposed portion of the work. Board could
approve up to 15% for that work then city staff could get bid out for N7 portion of the
proposed project. She went on to say it must be a public bid process because using
city monies. With this approach it is something the board has already done.
Brett handed out document (attachment A). He has already contacted Knife River,
Sime and Cashmans about project and has already signed contractor agreements
C&H finishing work this week. Mike suggested taking the city out of the project,
similar to downtown with the explosion site. Michelle asked Brett in reference to his
handout where does this work get us? Brett replied that property owner and himself
will attend October 6 board meeting with firm costs list for agreement finalization with
the plan of starting actual work on October 15. He said the sketch plan review will be
to the city next week.
Discussion. Michelle noted this project epitomizes NSURBs goals. Keri advised the
board it would be a violation of purchasing policies to go forward as currently planned,
i.e. no public bid process. Brett said he has told the owners the actual work with be
concurrent with the formal agreement processing. Mike noted the commission can
overrule.
FY12 budget amendment for UHaul project
Budget adjustment is on the September 26 commission consent agenda, reported Keri.
Could include Bretts visuals. Mike suggested a $50K line item in the budget chatting
with Jeff on how to take to the city.
Keri suggested taking monies from the façade improvement, demolition and right of
way balances - $16K from both façade and demolition and $18K from right of way.
Susan F made the motion directing staff to forward an FY12 budget amendment to the
City Commission as suggested. Andrew seconded the motion. All in favor.
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FYI
At October 6 board meeting Carl wants to discuss insurance for board in cases of
lawsuit.
Adjournment
Michelle adjourned the meeting at 7:48am.
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Attachment A
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