HomeMy WebLinkAboutJoint meeting with School District 7, Interlocal and Technology TIF District1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Kukulski, City Manager
Tim McHarg, Director of Planning and Community Development Brit Fontenot, Director of Economic Development
SUBJECT: Joint Meeting between the Bozeman City Commission and Bozeman
School District 7 to Discuss an Interlocal Agreement and the Creation of a
Technology Tax Increment Financing District.
MEETING DATE: October 15, 2012
AGENDA ITEM TYPE: Policy Meeting
RECOMMENDATION: Accept staff presentations and enter into discussions with the
Trustees of Bozeman School District 7 and respective staff on the following policy issues:
1) An interlocal agreement between the City of Bozeman and Bozeman School District 7
AND
2) The creation of a Technology Tax Increment Financing District
BACKGROUND:
On November 28, 2011 the Bozeman City Commission and Bozeman School District 7 representatives met in a joint session to discuss the creation of tax increment financing districts, public safety issues and planning for future school locations.
Link to the audio of the November 28, 2011, Bozeman City Commission and Bozeman School
District 7 joint meeting.
Link to the minutes of the November 28, 2011, Bozeman City Commission and Bozeman School District 7 joint meeting.
Staff was directed to work with school district staff to draft an interlocal agreement addressing
these issues and to return to the Commission during a subsequent City Commission and School
District 7 Board of Trustees joint meeting to discuss the draft document. Additionally, the
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School District 7 Trustees requested that the creation of the Technology TIF be included as a
topic of discussion at the October 15, 2012 joint meeting.
Interlocal Agreement between the City of Bozeman and Bozeman School District 7
Montana law (M.C.A. Section 76-2-402) addresses the relationship of municipal zoning regulations to a school district’s use of land. The law requires a public hearing whenever land is
to be used contrary to the zoning regulations. The statute expressly provides that a municipality
“shall have no power to deny the proposed use but shall act only to allow a public forum for
comment on the proposed use.”
The District has historically sought exemptions from miscellaneous development standards on
school development projects. These exemptions have varied from infrastructure standards, such
as street improvements, to site development standards, such as landscaping and lighting
requirements. Many City zoning standards have been developed to address residential,
commercial, or industrial uses, so applying these standards to institutional uses, such as schools, can be challenging.
The City has not historically established a standard process to review school development
projects. The process has always included the hearing on any exemptions proposed, but the
application type has varied from an informal application to a formal site plan application. Nor has the timing of the application been consistent relative to establishing a school development
project budget or associated bond amount.
As a result, there are significant benefits to both the School District and the City to establish a
standard operating process and guidelines relative to school siting and development. These
benefits include improved communication, early coordination, increased certainty, shared resources, and clarified roles. Toward that end, School District and City staff collaborated to
develop the attached draft interlocal agreement. (Attachment 1)
The interlocal agreement follows a template that is well established and is expressly authorized
by state statute. The primary provisions of the draft interlocal agreement are summarized as
follows:
• Differentiation between major and minor school development projects, with specified
review processes for these two categories.
• For major school development projects:
• A commitment to communicate and collaborate as early in the project
development and due diligence process as possible.
• Use of the informal application review process by the City’s Development
Review Committee and City Commission in order to scope major issues that
should be considered in school development project budgets.
• Use of the site plan application review process to identify any exemptions from
zoning requirements being requested as part of a school development project and
to conduct the required City Commission public hearing on any such exemptions.
• A commitment from the School District to minimize any requested exemptions to
the greatest extent possible, which will not include any exemptions from any building or fire safety standards.
• Acknowledgement that all required building permits will be obtained.
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• For minor school development projects:
• An expedited review process through the City’s Development Review Committee
for school development projects that do not include any exemptions from zoning requirements.
• Acknowledgement that all required building permits will be obtained.
• A commitment from the City to communicate with the School District regarding any
changes to plans, policies, or regulations that would affect future school development projects.
• This commitment for the City to communicate with School District also includes the
establishment of new Tax Increment Financing (TIF) districts, which is the subject of the
next section of this memorandum. Creation of a Technology Tax Increment Financing District at the Montana State University
Innovation Campus
What is a Tax Increment Financing District or TIF?
Tax increment financing (TIF) is a state authorized, locally driven funding mechanism that allows cities and counties to direct property tax dollars that accrue from new development,
within a specifically designated district, to community and economic development activities. In
Montana, TIF districts are authorized in Montana Code Annotated (MCA) parts 7‐15‐4201 and
4301, et. Seq.
Proposed TIF districts are typically characterized by blight and/or infrastructure deficiencies that have limited or prohibited new investment. A base year is established from which
"incremental" increases in property values are measured. Virtually all of the resulting new
property tax dollars (with the exception of the six mill state‐wide university levy) can be directed
to redevelopment and economic revitalization activities within the area in which they are
generated. Tax payers located within a TIF district pay the same amount as they would if the property were
located outside the district. TIF only affects the way that taxes, once collected, are distributed.
Taxes that are derived from base year taxable values continue to be distributed to the various
taxing jurisdictions – local and state government entities and school districts. Taxes derived from the incremental increase in taxable value are placed in a special fund for purposes set forth in establishing the TIF program.
Link to Tax Increment Financing in Montana: A Manual for Local Governments and Economic
and Community Development Agencies, 2011, The Governor’s Office of Economic Development. Why is a Technology TIF being considered for the Montana State University Innovation Campus?
In the instance of the Montana State University Innovation Campus, the desire to create a Technology district, inclusive of the Innovation Campus property, is an effort at addressing existing infrastructure deficiencies to achieve the goals set out in the Innovation Campus’
Comprehensive Development Plan (Attachment 2) and the City of Bozeman’s 2009 Economic
Development Plan. Technology districts were authorized in the 2005 Montana legislature. The
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statute, MCA 7-15-4295, states that the purpose of a technology district is the development of
infrastructure to encourage the location and retention of technology infrastructure development
projects in the state, and to address infrastructure deficiencies which are an impediment to
development. Please see Attachment 3 for the enabling statute allowing for the creation of Technology districts. Link to the City of Bozeman’s 2009 Economic Development Plan
Montana State University plays a significant role in the growth and development of Bozeman’s technology industry, and is the reason the Bozeman area is considered the technology center of
the state.
Home to more than 100 technology-based firms, Bozeman has become the high-tech center of
Montana; and it is one of the largest technology communities in the northern Rocky Mountains. Bozeman’s technology sector has grown significantly since the early 1990’s.
Bozeman’s technology sector includes firms engaged in advanced manufacturing (an estimated
26 firms) and laser optics (an estimated 20 firms); information technology—application
development, information technology services, software, internet applications, telecom, etc. (an estimated 50 firms); biotech or bioscience (an estimated 33 firms); and agricultural,
environmental, or miscellaneous activities (an estimated 14 firms). These firms, for the most
part, are selling their goods and services entirely to customers located outside of Montana and
many located outside of the United States. It is estimated that these firms directly employ more
than 3,000 people whose earnings are significantly higher than the county’s annual average wage.
Additionally, the concentration of research activity at Montana State University has fueled the
development of technology-based companies clustered in Bozeman and it has been a significant
contributor to Bozeman’s vibrant entrepreneurial technology economy. University technology transfer and commercialization activities have been driving economic development nationwide
since the early 1980’s when changes in federal legislation accelerated the process and increased
incentives for collaboration between universities and industry. Montana State University is no
exception. According to the MSU Technology Transfer Office, technology developed at MSU
has resulted in the spin-off of 30 companies and licensing by 37 companies in the Bozeman area and nearly 300 companies statewide. The university holds 163 licenses for patents for
innovations such as biological, chemical, and engineering processes and compounds, including
coatings for the space shuttle and pharmaceutical drugs. Of those 163 licenses, 60% are with
Montana companies, many located in Bozeman.
MSU has grown to become a regional leader in research and creative projects with nearly $100
million in research expenditures in Montana each year. MSU was recognized by Carnegie
Foundation for the Advancement of Teaching as one of 96 research universities nationally with
“very high research activity.” MSU has strong ties to industry in the Bozeman area, particularly
in the life science, aerospace, and information technology sectors. MSU lists relationships with over 150 companies which include research support, licensing agreements, and consulting
services.
The strength of Bozeman’s technology economy has also translated into private companies
receiving research and development and investment funding. During the 2000-2004 time period,
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Montana ranked 10th in the nation in the average annual number of federal Small Business
Innovation Research (SBIR) awards made, with nearly half going to Bozeman companies.
In 2009, the City of Bozeman adopted an Economic Development Plan (EDP) to identify, support and facilitate these types of activities. Goals of the EDP are shown below with many of the goals placed in bold to emphasize their relationship to the mission and vision of the MSU
Innovation Campus and the creation of a technology TIF district.
Currently, the City of Bozeman supports four TIF districts. Three are urban renewal districts, the Downtown, Northeast and North 7th TIFs, and the fourth, Mandeville Farm, is an industrial TIF.
For a full discussion of the Fiscal Year (FY) 2013 TIF activity please see Attachment 4. FY
2013 TIF growths are shown in the chart below.
The City of Bozeman 2009 Economic Development Plan Goals and Strategies (Section VII, 1 - 8) Supporting Technology, TIFs and the MSU Innovation Campus
1) Support the expansion and retention of existing businesses and economic clusters that
will continue to strengthen and diversify the economy and create higher paying jobs in
Bozeman. a. Pursue, support, and provide assistance for business start-up, expansion, and business
recruitment efforts that strengthen the following economic clusters:
• Arts & Culture (artisans, fine arts, cultural heritage, entertainment)
• Construction and Development (architecture, construction, engineering)
• Green (clean and renewable energy, water conservation, waste reduction technologies,
outdoor/recreational activities)
• Healthcare and Medical
• Knowledge Based Enterprises (research and development, think tanks,
financial services, consulting, public policy, education)
• Manufacturing (machinery, printing, wood product, textile, food/beverage,
computer/electronic)
• Media (film, publishing, journalism, Internet)
• Technology (biotech/bioscience, information technology, laser/optics)
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b. Support and promote entrepreneurial efforts linked to emerging markets, high technology, and research and development.
c. Leverage MSU-Bozeman research, faculty, and students to expand upon current
opportunities and identify additional opportunities for the long term economic diversity and vitality of Bozeman. d. Support efforts by the Bozeman Convention and Visitors Bureau, the Bozeman Area Chamber of Commerce, the Downtown Bozeman Partnership, Prospera
Business Network, MSU-Bozeman, and others to promote Bozeman.
2) Maintain and upgrade infrastructure to support the current and future needs of business. a. Maintain infrastructure (city service or private service) at safe and efficient levels to
satisfy the current and future needs for economic expansion. The condition of streets
and sidewalks, water and sewer, gas and electric distribution, communications, and solid waste disposal all affect how efficiently businesses conduct their operations. It also contributes to business retention and recruitment efforts.
b. Support the further development of technology park areas to meet the needs of
existing and future technology based companies.
3) Support education and workforce development initiatives to provide Bozeman with the qualified workers to meet the needs of business. a. Support the efforts of the Montana University System to expand 2-year degree and
job training and certification programs in Bozeman.
b. Support the enrollment growth of MSU-Bozeman through the statewide legislative level and at the local level. All avenues should be explored that promote MSU and Bozeman in a cooperative manner.
c. Encourage MSU College of Technology in Bozeman, Bozeman Job Service and the
Bozeman School District to develop and maintain continuing education and
certification programs for high-demand jobs. d. Support the “Come Home Montana” promotion (and consider developing a “Come Home Bozeman” promotion) to Montana alumni residing out of state, highlighting
local employers and career opportunities, local quality of life, and other factors that
may lead to a decision to return to Bozeman.
4) Leverage local, state, and federal economic development resources to enhance economic growth in Bozeman.
a. Continue to utilize tax increment financing (TIF) programs as a tool for urban
renewal and economic redevelopment opportunities where appropriate.
5) 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.
a. Support efforts of the Montana Manufacturing Extension Center (MMEC), TechRanch, the Small Business Development Center (SBDC), and other
organizations to encourage and foster entrepreneurship and small business
development in Bozeman.
6) Maintain the high quality of life that is considered an important asset to the business community.
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a. Recognize and support the idea that Bozeman’s “quality of place” is a significant
asset for the business community.
Job creation and industry diversification are the cornerstones of the City’s economic development strategy. The creation and stewardship of a technology TIF is consistent with theses priorities. Based on 2008-2009 data, MSU adds 13,511 public and private jobs to the
state’s economy. This generates more than $1 billion in personal income from the four campuses
and other affiliations, which equates to $897.7 million in after-tax income and $253 million in
state tax revenue. Additionally, MSU’s research innovation has led to the creation and growth of businesses in
Bozeman and throughout the state, providing employment opportunities in industries such as
agriculture, energy, construction, healthcare, technology, photonics, manufacturing and
biosciences. Since the adoption of the City’s 2009 Economic Development Plan, the City has prioritized
support for the following high growth potential sectors including:
• Photonics;
• Bio-sciences;
• Manufacturing;
• High-tech; and
• the outdoor industry.
Many of the sectors identified above are also supported by the mission and vision of the Montana State University Innovation Campus.
Upcoming TIF related public discussions (as of October 5, 2012):
• October 8, 2012 – staff participation at the regularly scheduled SD 7 Board of
Trustees Meeting RE: TIFs; and
• October 15, 2012 Joint City Commission School Dist. 7 Meeting to discuss an
interlocal agreement and TIF creation.
The proposed schedule for the creation of the proposed Technology TIF to establish the baseline
year in 2012 includes the following Commission actions:
• November 5, 2012 Public Hearings (x2)
• Commission resolution adopting the Innovation Campus’ Comprehensive
Development Plan as required by statute; and
• First reading of the ordinance which establishes the Technology Tax
Increment Finance District.
• November 19, 2012 Consent Agenda – Second reading of the ordinance which
establishes the Technology Tax Increment Finance District (anticipated effective
date, December 19, 2012).
The Innovation Campus has proposed an aggressive development schedule for the Innovation Center building, anticipated to begin construction in 2013.
As part of the technology TIF creation process, City and Innovation Campus staff has engaged
City, County and School District7 officials over several months of conversations about the
mission and goals of Innovation Campus in requesting the establishment of the proposed technology TIF.
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UNRESOLVED ISSUES: None identified at this time.
ALTERNATIVES: As recommended by the Commission.
FISCAL EFFECTS: None identified at this time.
Attachments:
1) Draft interlocal agreement between the City of Bozeman and Bozeman School District 7; 2) Montana State University’s Innovation Campus Comprehensive Development Plan;
3) Montana Code Annotated 7-15-4295. Technology districts;
4) Memo from Administrative Services Director Anna Rosenberry to the Bozeman City
Commission RE: Commission Resolution No. 4393 – Setting Mill Levies for Fiscal Year 2012-2013 (FY13).
Report compiled on: October 5, 2012
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INTERLOCAL AGREEMENT
SCHOOL DISTRICT 7 - CITY OF BOZEMAN
THIS AGREEMENT is made and entered into this _____ day of ______________, 2012,
between Bozeman School District 7 Elementary and High School, Political Subdivisions of the
state of Montana, with principal offices at 404 West Main Street, Bozeman, Montana, 59715
(hereinafter referred to as District), the City of Bozeman, a Municipal Corporation of the state of
Montana, with principal offices at P.O. Box 1230, Bozeman, Montana, 59771-1230 (hereinafter
referred to as Bozeman).
WHEREAS, Bozeman and District are separate legal entities that have individual rights
and duties as outlined in Montana Code; and
WHEREAS, the District desires to cooperate with Bozeman’s development guidelines
and standards without unduly restricting the legal rights of the Board of Trustees; and
WHEREAS, the District and Bozeman have the authority to enter into this agreement
pursuant to Sections 7-11-101 through 7-11-108, MCA.
NOW, THEREFORE, the District and Bozeman agree as follows:
I. PURPOSE OF INTERLOCAL AGREEMENT. The purpose of this Interlocal
Agreement is to establish operating process and guidelines relative to school
siting and development within the City of Bozeman and the creation of Tax
Increment Financing Districts.
1. CITY/SCHOOL DISTRICT REVIEW PROCESS:
A. MAJOR SCHOOL DEVELOPMENT: Defined as: land acquisition for
new facilities, new school construction, expansion of existing facilities or
buildings greater than 20% in land or floor area.
a) EARLY CONSULTATION – COLLABORATION: The City and
School District agree to consult with the respective staff persons of
each party early in the due diligence process stage to share information
and identify issues that may impact each parties interests in an effort to
produce the best decisions for the public.
b) INFORMAL REVIEW THROUGH THE DRC AND CITY
COMMISSION: An “Informal Development Review Application” will
be submitted to the City by the School District for review by the City
Development Review Committee (DRC) and City Commission in
order to provide official City feedback and guidance to the School
District in order to assist them in their development plans. District
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project budgets and means and amounts of financing will take into
consideration the results of the Informal Development Review to the
maximum extent possible.
c) SITE PLAN – EXEMPTIONS: If the Informal Development Review
process warrants, a formal site plan application will be submitted to
the City for review of the proposed school development. If the site
plan application does not require any exemptions under M.C.A.
Section 76-2-402, the application will be reviewed and approved
administratively. Any proposed exemptions under M.C.A. Section 76-
2-402 will necessitate noticing and a public hearing as required under
Statute at a City Commission meeting.
d) COMPLIANCE WITH STANDARDS: The School District shall
make every effort possible to achieve full City code compliance for all
School development prior to proposing any site development
exemptions as outlined above. The District shall not request
exemptions to any building or fire safety standards. Requested
exemptions shall generally be limited to on site development
standards, including, but not limited to, landscaping, lighting, and
parking.
e) BUILDING PERMITS: The District will obtain building permits as
required by the International Building Code, administered through the
City Building Division.
B. MINOR SCHOOL DEVELOPMENT: Defined as: expansion of existing
facilities or buildings less than 20% in land or floor area and other
relatively minor site development changes that will affect Bozeman
infrastructure; e.g. adding support structures, changes in access locations,
changes to emergency service provisions, new or expanded parking lot
construction, etc.).
a) STAFF/DRC REVIEW – EXPIDITED REVIEW: Staff or 1 week
DRC Review and Planning Director authorization following Staff or
Development Review Committee recommendation. Any proposed
exemptions under M.C.A. Section 76-2-402 will necessitate noticing
and a public hearing as required under Statute at a City Commission
meeting.
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b) BUILDING PERMITS: The District will obtain building permits as
required by the International Building Code, administered through the
City Building Division.
C. CITY COMMUNICATION TO SCHOOL DISTRICT ON MATTERS
POTENTIALLY AFFECTING SCHOOL DISTRICT OPERATIONS OR
FACILITIES:
a) The City shall make every effort to communicate to the School District
regarding any significant changes to applicable land use or
infrastructure policies or regulations that may affect the District’s
facilities or operations, including the following:
Long Range Planning Documents (Community Plan, Sub-Area
Plans, etc.)
Facility Plans
Impact Fees
Unified Development Code
b) Prior to the Bozeman City Commission considering a Resolution of
Intent to Create a Tax Increment Financing (TIF) District, the City
agrees to make every effort to communicate with the School District
regarding the purpose, intent, scope and timeline for the creation of
any TIF District. The tax increment financing provision must take into
account the effect on the Districts pursuant to MCA 7-15-4282(2).
II. DURATION. The term of this Agreement will end upon action taken by either
the District Board of Trustees or the Bozeman City Commission to absolve this
Agreement, with thirty days prior written notice to the other party. Either party
may serve a Notice of Intention to Terminate upon the addresses as indicated in
this Agreement.
III. SEPARATE LEGAL ENTITY/ADMINSITRATION. There shall be no
separate legal entity created as a consequence of this Agreement. Administration
of this Agreement shall be the responsibility of the Chair of the District Board of
Trustees and or designee and the Bozeman City Manager and/or designee.
IV. NON-WAIVER. Waiver by either party of strict performance or any provision
of this Agreement shall not be a waiver of or prejudice the party's rights to require
strict performance of the same provision in the future or of any other provisions.
V. TIME OF ESSENCE. It is mutually agreed that time is of the essence in the
performance of all covenants and conditions to be kept and performed under the
terms of this Agreement.
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VI. HEADINGS. The section headings contained herein are for convenience and
reference and are not intended to define or limit the scope of any provision of this
Agreement.
VII. NOTICES. All notices required under this Agreement shall be deemed properly
served if delivered in writing, personally, or sent by certified or registered mail to
the last address previously furnished by the parties hereto. Until hereafter
changed by the parties by notice in writing, notices shall be sent to the
Superintendent, Bozeman Public Schools PO Box 520, Bozeman, Montana
59771-0520, and to the City Manager, City of Bozeman, PO Box 1230, Bozeman,
Montana 59771-1230. The date of mailing shall be deemed the date of such notice
and service thereof.
VIII. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties. No alterations, modifications, or additions to this Agreement
shall be binding unless reduced to writing and signed by the parties to be charged
herewith. No covenant, term or addition to this Agreement shall be deemed
waived by either party unless such waiver shall be reduced to writing and signed
by the parties.
IX. AMENDMENTS. The terms and conditions of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the
parties hereto. No oral modification shall be enforceable.
X. SEVERABILITY. The provisions of this Agreement shall be deemed
independent and severable, and the invalidity, partial invalidity, or
unenforceability of any one provision or portion thereof shall not affect the
validity or enforceability of any other provision herein.
XI. EFFECTIVE DATE. This Agreement shall be effective after approval by the
respective governing bodies. It is the intent that said Agreement shall be effective
on the date stated in the first paragraph of this Agreement.
XII. RECORDATION. This Agreement shall be filed with the Gallatin County Clerk
and Recorder and Montana Secretary of State as required by Section 7-11-107,
MCA.
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BOARD OF TRUSTEES CITY OF BOZEMAN
BOZEMAN SCHOOL DISTRICT 7
By: ________________________________ By: ________________________________
It’s Board Chair It’s Mayor
ATTEST: ATTEST:
___________________________________ ____________________________________
District Clerk City Clerk
Approved as to legal content:
____________________________________
Bozeman City Attorney
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W MAIN ST
W OAK ST
INTERSTATE 90 HWY N 7TH AVE BAXTER LN N 19
T
H
AVE W COLLEGE ST
DURSTON RD N ROUSE AVE S 11TH AVE S 19TH AVE E MAIN ST
FRONTAGE RD
OAK ST S CHURCH AVE S WILLSON AVE BRID G E R DR
W BABCOCK ST N 11TH AVE W PEACH ST
INTERSTATE 90 HWY N 7TH AVE 0.5 0 0.50.25 Mile
¯1 inch = 2,000 feet
Legend
Proposed Technology TIF Boundary
Northeast Neighborhood Urban Renewal District
North 7th Tax Increment District
Mandeville Farms Tax Increment District
Downtown Tax Increment District
Road
Alley
City Limits
Revised: 9/17/12
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Anna Rosenberry, Finance Director
Chris Kukulski, City Manager
SUBJECT: Commission Resolution No. 4393 – Setting Mill Levies for Fiscal Year
2012-2013 (FY13).
MEETING DATE: August 27, 2012
AGENDA ITEM: Action
RECOMMENDATION: Adopt Commission Resolution No. 4393 – Setting Mill Levies for
Fiscal Year 2012-2013 (FY13).
BACKGROUND: The City’s certification of taxable values for FY13 puts the value of 1 mill
levied on all taxable property in the city = $83,226. This is an increase of 1.4% over the certified
value for last year ($82,062/mill.)
96168
Under state law, the City’s maximum allowable mill levy for FY13 is calculated to be 197.88
mills. The proposed mill levy for this year is the same as last year: 166.75 mills.
Levy Purpose Number of Mills
All Purpose Levy 127.66
Community/Workforce Housing 0.50
Permissive Medical Insurance 23.22
Planning 2.00
Senior Transportation 1.00
Transportation GO Bonds 5.07
Library GO Bonds 3.30
Grand Total Levied 166.75
A levy of 166.75 mills is the same as last year, and is lower than the tax levies of FY11, FY10,
and FY09.
$83,226 $82,062 $80,399 $78,290 $74,178 $68,981
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
FY13 FY12 FY11 FY10 FY09 FY08
Taxes Generated from 1 Mill City-Wide
97169
During FY13 budget discussions, the Commission stated an interest in keeping property taxes at
the same total mill levy for citizens. Just prior to final budget adoption, budget cuts were made
reducing the Bogert Pool Design/Repair line item to $177,000, so that there would not be a total
tax levy increase for citizens.
Our certified value for budget purposes was estimated to increase 2.1% over last year. With the
actual certification (1.4% increase) less than we estimated, and keeping the total mill levy the
same, the budget impact will be $69,319 less in tax revenue to the General Fund. This amount
represents 0.62% of the $10.6 million tax revenue in the General Fund. Rather than open the
Approved Budget for other line-item cuts, we recommend that the Bogert Pool Design/Repair
item be amended down to $107,000 to accommodate this revenue shortfall in the budget. This
item can be prepared for a future (consent) agenda.
Tax Increment Districts: One of the elements of our certified values that is difficult to gauge is
now much of our construction will occur in the Tax Increment Districts and how much will be
out of the districts, and therefore part of the city-wide mill levy.
This year saw our Tax Increment District certified values increase from 6.5% in the Downtown
TIF to 33.1% in the Mandeville Farm TIF. The Districts’ combined growth has peaked this year
to encompass approximately 27% of the city’s gross increase in taxable property. New taxable
154.18
171.16 170.19 168.75 166.75 166.75
0.00
20.00
40.00
60.00
80.00
100.00
120.00
140.00
160.00
180.00
FY08 FY09 FY10 FY11 FY12 FY13 FINAL
City Property Tax Mill Levy
98170
value is increasing at a faster rate in our Increment Districts than in the city as a whole, outside
the districts.
Taxable Values FY13
City - Gross Dollars of Taxable Value $ 86,934,533
Less: Downtown TIF Taxable Value 2,396,293
Less: Northeast TIF Taxable Value 150,217
Less: North 7th TIF Taxable Value 1,084,216
Less: Mandeville Farm TIF Taxable Value 77,412
Less: Total of TIF's Taxable Value 3,708,138
City - Net Dollars of Taxable Value $ 83,226,395
Change in Taxable Value from Previous Year FY13
City - Gross % 1.9%
Downtown TIF 6.4%
Northeast TIF 12.8%
North 7th TIF 29.1%
Mandeville Farm TIF 33.1%
City - Net % 1.4%
TIF's combined growth as a % of Total Growth 26.8%
Difference between Statutory Maximum and amount levied this year:
The city’s FY13 tax levy is 31.13 mills ($2,590,889) below the statutory maximum.
1. There is a reduction to the maximum levy of 15.18 mills ($1,263,330) as a result of
General Fund budget requests being cut and a desire to not levy the maximum number of
mills.
2. In November 2007, city voters approved increasing our tax levies to fund police
department officers and their equipment. However, due to unspent Police personnel
budget in FY12, and the plan to only hire one Battalion Chief in April 2013, we are
recommending lowering the Police & Fire Levy amounts this year by $578,525, or 6.95
mills.
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3. In September 2006, the Commission resolved to lower the City’s levy by 9 mills if the
county-wide levy for 911 Dispatch services was approved by the voters. The county-
wide levy was approved, 911 Dispatch is no longer paid for out of the City’s General
Fund, and the FY2011-2012 City All Purpose levy has been lowered 9 mills ($749,034),
again this year.
Again, the attached resolution anticipates levying 166.75 mills; no increase in mills from the
prior year.
FY13 Maximum Levy in Mills 197.88
General Fund Cuts (15.18)
Police & Fire Vacancy Savings (6.95)
County 911 (9.00)
FY13 Proposed Levy in Mills 166.75
FY12 Levy in Mills 166.75
Difference between FY11 & FY12 in Mills ( - )
Dollar value of 2.16 Mills ($ - )
Department of Revenue: This year City and County officials met local Department of Revenue
officials before the certification deadline to discuss property assessment issues. The city was
also again able to analyze the DOR’s data set for taxable values and protests/appeals.
Protests/Appeals: 81 properties were given a case number for a 2012 Valuation Appeal, down
from a high of 1262 cases in tax year 2009 (FY10). Of those cases, 10 remain active and 71 are
closed. Twenty-two (22) resulted in Value Adjustments, with the remainder either denied/no-
change/withdrawn. The two largest property values that were appealed were the Days Inn
(located in the N7th TIF) and Kohl’s. Both of these appeal cases are closed, with Days Inn
seeing no change due to untimely filing, and Kohl’s being granted a value adjustment.
Tax Year Property Value Appeal Cases Cases Closed To Date
2012 81 71
2011 98 98
2010 334 334
2009 1262 1262
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The City’s GIS Department has again pulled the complete DOR data set for us and matched City
building permit data with DOR assessment information. There doesn’t appear to be systematic
problems with new construction. We are sharing our recent aerial photography layer with the
Department and will continue to coordinate our efforts to ensure their annual property tax
records are complete.
The data set indicates a new median residential property taxable market value of $141,000, up
from $133,400 last year. We will use this new figure in the FY14 budget preparation
information.
FISCAL EFFECTS: Adopting a mill levy of 166.75 mills is estimated to generate
$13,878,293 in property tax revenue for FY13. The revenue will be deposited to the funds
described on the attached “Mill Levies & Mill Values” sheet.
The effect of this levy on city property owners is to hold property tax rates at the same level as
last year. A typical resident (median home assessed market value of $133,380) will pay $627 in
annual property taxes to the city.
ALTERNATIVES: As suggested by the City Commission.
Attachment: Commission Resolution No. 4393 FY13 Mill Levies and Mill Values
Bozeman Taxable Values History
Department of Revenue Certified Value
Report compiled on August 15, 2012
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FISCAL YEAR FY08 FY09 FY10 FY11 FY12 FY13 FINAL
MILL VALUE (net of TIFD's) 68,981$ 74,178$ 78,290$ 80,399$ 82,062$ 83,226$
*Corrected 9/2011 Issued 9/2011
PERCENTAGE CHANGE 9.1% 7.5% 5.5% 2.7% 2.1% 1.4%
GENERAL FUND:
All-Purpose 101.26 111.91 111.96 110.16 127.16 127.66
SPECIAL REVENUE:
City Planning 2.00 2.00 2.00 2.00 2.00 2.00
Police Retirement* 4.27 4.14 4.34 4.45 0.00 0.00
Firefighters' Retirement* 2.81 2.72 2.85 2.97 0.00 0.00
Public Employees' Retirement* 4.61 4.52 4.75 4.86 0.00 0.00
Comprehensive Insurance* 4.67 4.53 4.61 4.73 0.00 0.00
Health/Med Insurance 22.36 24.31 23.67 24.29 22.53 23.22
Fire Capital & Equipment 4.00 4.00 4.00 4.00 4.00
Fire Truck/Equipment
Senior Transportation 1.00 1.00 1.00 1.00 1.00 1.00
Workforce Housing 1.46 1.00 0.50 0.50 0.50
TOTAL SPECIAL REVENUE 41.72 48.68 48.22 48.80 30.03 30.72
DEBT SERVICE:*Refunded
Library G.O. Bonds 4.53 4.27 4.03 3.94 3.84 3.30
Transportation G.O. Bonds 6.67 6.30 5.98 5.85 5.72 5.07
TOTAL DEBT SERVICE 11.20 10.57 10.01 9.79 9.56 8.37
TOTAL ALL LEVIES 154.18 171.16 170.19 168.75 166.75 166.75
Percentage Change in Mills -5.7% 11.0% -0.6% -0.8% -1.2% 0.0%
Property Taxes Levied $10,635,491 $12,696,306 $13,324,175 $13,567,611 $13,683,839 $13,878,293
Percentage Change in Dollars 2.9% 19.4% 4.9% 1.8% 0.9% 1.4%
* These funds are being combined into the All Purpose Levy. They are all subject to MCA 15-10-420.
Tax Authority Authorized but Not Levied
General Fund Reduction 462,720$ 684,976$ 1,263,330$
Street & Tree Maintenance Offset 116,270$ -$ -$
Police & Fire Reductions 583,000$ 849,000$ 914,000$ 578,525$
SAFER Grant 350,120$ 303,570$ 189,720$ 113,985$ -$
911 Mills (Resolution No. 3954) 620,829 667,602$ 704,610$ 723,303$ 738,558$ 749,034$
FY11 Certification Error:59,753$
Total Authorized But Not Levied 620,829$ 1,017,722$ 1,591,180$ 2,400,766$ 2,451,519$ 2,590,889$
Number of Mills - 9.00 13.72 20.32 29.87 31.13
MILL LEVIES & MILL VALUES
Final Certification of Values
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City of BozemanTaxable Values HistoryTax Yr 2012 Tax Yr 2011 Tax Yr 2010 Tax Yr 2009 Tax Yr 2008 Tax Yr 2007FY13 FY12 FY11 FY10 FY09 FY08City - Gross Dollars of Taxable Value $ 86,934,533 $ 85,345,227 $ 83,309,165 $ 80,850,582 $ 75,458,468 $ 70,016,605 Less: Downtown TIF Taxable Value 2,396,293 2,251,286 2,060,807 1,947,249 1,115,768 931,030 Less: Northeast TIF Taxable Value 150,217 133,197 135,162 104,987 71,287 48,790 Less: North 7th TIF Taxable Value 1,084,216 840,137 664,127 450,625 93,316 55,532 Less: Mandeville Farm TIF Taxable Value 77,412 58,146 50,554 57,740 - - Less: Total of TIF's Taxable Value 3,708,138 3,282,766 2,910,650 2,560,601 1,280,371 1,035,352 City - Net Dollars of Taxable Value $ 83,226,395 $ 82,062,461 $ 80,398,515 $ 78,289,981 $ 74,178,097 $ 68,981,253 Tax Dollars Generated from 1 Mill: $ 83,226 $ 82,062 $ 80,399 $ 78,290 $ 74,178 $ 68,981 Change in Taxable Value from Previous Year Tax Yr 2012 Tax Yr 2011 Tax Yr 2010 Tax Yr 2009 Tax Yr 2008 Tax Yr 2007 FY13 FY12 FY11 FY10 FY09 FY08City - Gross % 1.9% 2.4% 3.0% 7.1% 7.8% - Downtown TIF 6.4% 9.2% 5.8% 74.5% 19.8% - Northeast TIF 12.8% -1.5% 28.7% 47.3% 46.1% - North 7th TIF 29.1% 26.5% 47.4% 382.9% 68.0% - Mandeville Farm TIF 33.1% 15.0% -12.4% - - - City - Net % 1.4% 2.1% 2.7% 5.5% 7.5% - TIF's combined growth as a % of Total Growth 26.8% 18.3% 14.2% 23.7% 4.5%103175
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COMMISSION RESOLUTION NO. 4393
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED
VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE
CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 2012-2013 (FY13).
WHEREAS, in accordance with 15-10-203 MCA, after due and proper legal notice, at a
regular session of the City Commission on August 27, 2012, the public hearing on the proposed
change of ad-valorem tax revenue was held; and
WHEREAS, the Montana Department of Revenue issued to the City a 2012 Certified
Taxable Valuation on August 3, 2012; and
WHEREAS, in accordance with Montana Code Annotated, a resolution must be adopted
by the City Commission in order to determine the amount of the City or Town taxes to be levied
and assessed on the taxable property situated within the City for the current fiscal year; and
WHEREAS, the City Clerk must certify to the County Clerk a copy of such resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana as follows:
That for the purpose of providing and maintaining basic City services the City Commission of the City of Bozeman, Montana does hereby affix 127.66 mills to be levied for the
All Purpose General Fund for all salaries, operations, and capital expenditures for general
government purposes as provided by Sections 7-6-4451 and 15-10-420 MCA.
Section 1
Section 2
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That the City Commission of the City of Bozeman, Montana does hereby affix a 0.50
mill levy from the City’s maximum mill levy allowed under Sections 7-6-4451 and 15-10-420
MCA for the City’s Community Housing Fund to be used for affordable/workforce housing
purposes within the City.
That the City Commission of the City of Bozeman, Montana does hereby establish and
affix a mill levy in the amount of 23.22 mills to provide for the total City payment of premiums for Health Medical Insurance for City employees in accordance with Title 2 Chapter 18 Part 7 MCA, Section 2 of Chapter 359 Laws 1975, Section 7-32-4117 MCA, and Section 7-3-4130
MCA.
Section 3
That the City Commission of the City of Bozeman, Montana does hereby establish and affix a mill levy in the amount of 2.00 mills to provide funds for the City Planning Activity in
accordance with Section 76-1-406 MCA.
Section 4
That the City Commission of the City of Bozeman, Montana does hereby establish and affix a mill levy in the amount of 1.00 mills to provide funds for special transportation services
for senior citizens and persons with disabilities in accordance with Section 7-14-1111 MCA.
Section 5
That the City Commission of the City of Bozeman, Montana does hereby establish and affix a mill levy in the amount of 5.07 mills to provide for principal and interest payments on
outstanding Transportation System General Obligation Bonds in accordance with Section 7-7-
4265 MCA.
Section 6
That the City Commission of the City of Bozeman, Montana does hereby establish and
affix a mill levy in the amount of 3.30 mills to provide for principal and interest payments on
outstanding Library General Obligation Bonds in accordance with Section 7-7-4265 MCA.
Section 7
That for the purpose of providing and maintaining basic City services the City Commission of the City of Bozeman, Montana does hereby affix 4.00 mills to be levied for the
Fire Department Capital & Equipment Replacement for general government purposes as
provided by Section 7-6-4451 MCA.
Section 8
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana
at a regular session thereof held on the 27th day of August 2012.
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Resolution No. 4393, Establishing and Affixing the Number of Mills
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__________________________________
SEAN BECKER
Mayor
ATTEST:
_____________________________________ STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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CITY OF BOZEMAN
Mill Levy Fiscal Year 2012-2013 (FY13)
Levy Purpose Number of Mills
All Purpose Levy 127.66 Community Housing 0.50
Permissive Medical Insurance 23.22
Planning 2.00
Senior Transportation 1.00
Transportation GO Bonds 5.07 Library GO Bonds 3.30
Fire Capital & Equipment 4.00
TOTAL LEVY 166.75 mills
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