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HomeMy WebLinkAboutEconomic Development Incentives Policy Discussion1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Economic Development Council (EDC) Brit Fontenot, Director of Economic Development SUBJECT: Economic Development Incentives: A Policy Discussion MEETING DATE: April 15, 2013 AGENDA ITEM TYPE: Policy Meeting RECOMMENDATION: Consider the material and discussion on economic development incentives and provide policy guidance to the EDC and staff regarding an incentive program, or programs, for the City of Bozeman. BACKGROUND: I. Incentives Generally, incentives are used to encourage certain types of behavior. In the context of economic development, a wide variety of incentives are used to encourage a multitude of economic and/or investment behavior. With a wide degree of variability, incentives can range from hundreds, to tens of millions of dollars and may be funded from the federal, state or local level. If successful, a community may incent the creation or relocation of mid- to high wage jobs in identified sectors for a defined period of time, typically a commitment lasts from between 5 to 10 years but terms may vary. The following examples of development incentives are commonly used by many cities throughout the United States. Incentives currently in use in Bozeman are italicized: A. Industrial revenue bonds are loans issued for the purchasing of capital, supplies, and construction costs or equipment; B. Tax increment financing includes improvements in public infrastructure or private development are financed based on the expected future revenue that will be generated by the increased property value of the improved area; 124 2 C. Industrial enterprise direct/subsidized loans where state and local governments can provide direct and subsidized loans to private businesses based on the promise that a quota of jobs will be produced; D. Site advantage are when governments may provide potential businesses with free land, buildings, exemptions from local and state regulations, and other customized services for agree to develop a specific area; E. Tax incentives include government provided reduction in tax liability for a defined period without expectation of repayment. The lost revenue will theoretically be made up by the generation of new jobs in the area in addition to the additional revenue the company will pay once the abatement period is over. Examples include property tax abatement, corporate income tax credit, and sale tax exemptions; F. Public utility rate breaks (water, electricity etc.) are when utility rates are subsidized by the city for companies which launch construction projects within designated zones; G. City projects/Infrastructure improvements include blighted areas are targeted for investment and improvement by state and local government to improve functions of the area and quality of life factors; and H. Development fee mitigation includes allocating funds to offset development fees for businesses meeting identified thresholds including number jobs created, wages paid as a percent of the average wage, and commitment to remain in business in the jurisdiction for a specified period of time. As the literature shows, there is no consensus on whether incentives are an appropriate or adequate economic development tool for job creation and industry diversification. They work for some communities but not others. Why? The distinctive nature of each community requires that incentive programs be created by balancing the unique qualities inherent in each community against broad and long-term community goals and priorities. Some communities operate economic development incentive programs which are seldom, if ever, utilized. In those instances, the concept is that having incentives at all keeps businesses interested in the community, whether they are actually used or not. Other communities depend on incentives to further their community goals of strengthening their local economy; a dependence which includes recognition that tax dollars used to incentivize agreed upon types of development produces a positive return on the investment and is in the public interest. There are additional examples of incenting the relocation of large employers who were ultimately unable to meet their obligations to the community, leaving the local taxpayers with higher taxes and no new jobs or economic diversity to show for the investment. One size does not fit all. II. City of Bozeman’s Incentives The City of Bozeman currently manages many incentives, although we seldom think about them as such. Existing incentives include: A. Economic Development Fund Big Box Fund; B. City of Bozeman’s Revolving Loan Fund (managed by Prospera); C. Big Sky Energy Revolving Loan Fund (managed by the Rocky Mountain RC & D); 125 3 D. City/County Tax Abatement Program (for new and expanding businesses); E. City Tax Abatement Program for Historic Preservation; F. Transportation Impact Fee Deferral Program (as of April 1, 2013); G. Impact Fee Credit Transfer Program; H. Impact Fee Program (capacity expanding infrastructure); I. Downtown Bozeman Partnership; 1. Business Improvement District; 2. Downtown Urban Renewal District (see J (1) (a) below); and 3. Downtown Graffiti Removal Program. J. Tax Increment Finance Districts; 1. Urban Renewal Districts. a. Downtown Urban Renewal District; b.North 7th Urban Renewal District; and c. Northeast Urban Renewal District. 2. Industrial Districts. a. Mandeville Farm Industrial District. 3. Technology Districts. a. South Bozeman Technology District. K. City Graffiti Removal Program. Additionally, the City has discussed the creation of a Foreign Trade Zone at the North Park property. III. Policy Discussion The issue of economic development incentives was raised during the impact fee program discussion over the winter of 2012-2013. At that time, the Commission directed staff to return with transportation impact fee mitigation and deferral programs in addition to a discussion on economic development incentives coordinated with FY 14 budget discussions. The Economic Development Impact Fee Mitigation (EDIFM) and deferral programs were discussed on January 28, 2013. (ATTACHMENTS 1 & 2) The impact fee deferral program was reviewed and approved by the Commission April 1, 2013 and is now operational. At its March 7, 2013 meeting, the EDC created a subcommittee to investigate economic development incentives. Led by Erik Garberg, the subcommittee, consisting of Mr. Garberg, Tracy Menuez and Teresa McKnight, assisted by City staff, researched the issue of economic development incentives in various communities around the United States. Community incentive snapshots are provided as ATTACHMENTS 3, 4, 5 and 6. Additionally, the Government Finance Officers Association (the “GFOA”) published a “Best Practice” guide entitled Developing an Economic Development Incentive Policy (2008) that sets forth a basic structure for creating municipal incentive programs. (ATTACHMENT 7) Subsequently, at its April 4, 2013 meeting, the EDC discussed the concepts and material provided herein and returns to the Commission to engage in a policy discussion on the issue and to request Commission guidance on whether to pursue the creation of an economic development incentive program for Commission consideration at a future date and, if so, to consider the scope 126 4 of additional incentives, budget implications and potential funding sources. Currently there is $50,000 proposed in the FY 14 budget to fund an incentive program, among other proposed increases in economic development programs and activities. (ATTACHMENT 8) Options for funding an economic development incentive program by the City are limited. A few options include: A. Allocate general fund money through the regular yearly budget process, increasing mills to support economic development activities (with or without a sunset provision)1 B. Commission support for a ballot initiative to raise revenue to fund economic development activities; ; C. Leverage general fund money to match private funding for the purpose of funding economic development activities; and/or D. Current tax increment finance districts (TIFs) could be requested to approve a certain percentage of annual budgets to support economic development activities. Any one, or combination of potential funding sources listed above could include funding for an incentive program. Additionally, the Commission could consider a cap on the total amount of incentive dollars allocated on an annual basis and a sunset provision in the event incentives are not meeting identified goals within designated time frames. IV. Incentives and the 2009 Economic Development Plan The concept of economic development incentives is tied directly to the adopted 2009 Economic Development Plan (the “EDP”). The EDP encourages leveraging local resources to enhance economic growth. Number four of the six EDP Goals and Strategies states: 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. b. Support the continued growth and success of the Bozeman Revolving Loan Fund (RLF) and the establishment of new revolving loan funds to provide additional financing options for Bozeman businesses. c. Utilize incentives or inducements, such as property tax abatement or development fee abatement, to encourage business investment and development in desired areas. d. Encourage commercial real estate developers to apply for New Market Tax Credits on projects that meet the established criteria. 1 The FY 13 value of one mill is $83,226. Currently the City levies 166.75 mills, 29.87 mills below the statutory limit of 196.62 mills. 127 5 e. Utilize the Big Sky Economic Development Trust Fund (job training grants, planning grants, matching funds) and Workforce Training Grants from the Montana Department of Commerce to support business expansion and relocation as well as current economic development planning projects. f. Seek new Community Development Block Grant (CDBG) funds to implement projects and programs. g. Utilize Brownfield funding to facilitate redevelopment in appropriate sites where funding is available. h. Identify and support redevelopment opportunities and adaptive reuse of large commercial centers. The above adopted economic development goal is consistent with the creation of an economic development incentive program to encourage the growth and addition of mid- to high wage jobs. For the complete set of EDP Goals and Strategies, see ATTACHMENT 9. Additionally, in its’ recently adopted 2013 – 2014 priorities, the Commission identified the expansion of both mid- to high-wage jobs and economic growth and diversity as their top priority. (ATTACHMENT 10) V. Additional Considerations As discussed above, incentive programs should be tailored to the unique conditions and goals of the community, insuring, as much as possible, a return on the investment. Based on Commission priorities, the highest return manifests itself in additional mid- to high wage job creation and economic diversity. Given the limited resources available for funding economic development programs and activities in the City of Bozeman, the EDC discussed the following incentive considerations: A. Set aside a portion of any allocated funding to create an on-going incentive fund. If funded annually and compounded, in several years the incentive program can provide larger and more complex financial incentives as warranted; B. Allocate the balance of the fund to complement existing services and successful programs in areas that have already identified need, i.e. Downtown Technical Assistance Grant Program (ATTACHMENT 11), North 7th Rehab Grant Program (ATTACHMENT 12) and the Bozeman BEAR (Business Expansion and Retention) program (ATTACHMENT 13). Leverage funds that are already available with additional incentive resources. By complementing existing programs, the City can reduce the overall costs of creating and managing a new incentive program; C. Based on identified community needs, i.e. workforce training, marketing and promotion and additional start-up costs, and create an additional technical assistance program (or programs) where smaller amounts of incentive dollars can make a larger impact on local small businesses and entrepreneurs; D. Adhere to the principles of economic gardening, the grow your own approach to economic development; 128 6 E. Maintain flexibility; F. Measure and evaluate outcomes; and G. Reassess yearly. The goal is to maximize the value of the incentive dollar where it can go the farthest and have the most direct and meaningful impact. VI. Economic Development Priorities Finally, as the Commission discusses the issue of incentives and balances additional economic development funding priorities identified in the FY 14 budget proposal with that of other competing priorities, consider where incentives rank on the economic development priority list: A. FTE (Economic Development Specialist); B. Gallatin College; C. Sector Development, i.e. photonics and outdoor; D. Economic Development Incentives; and E. Additional North Park resources. Each of the items listed above have the opportunity, on its own, to increase the impact of the City’s economic development program. However, funding for all recommended increases in programming and activities may not be practical. The Commission is urged to consider which areas of funding have the opportunity for the most direct positive impacts to the local economy and on local businesses and the highest potential return on the investment of the City’s limited economic development resources. VII. Education and Information Education is a critical component of the success of any program, new or existing. Regardless of whether additional incentive measures are authorized, the Commission should consider supporting increased resources for educating the public, staff and service providers about City incentive programs. On occasion, staff is invited to discuss and explain the various programs to private businesses and non-profit economic development service providers who regularly interact with the development community. Outreach and education is an ongoing challenge that could be refocused into an important opportunity. UNRESOLVED ISSUES: 1. Provide guidance to the EDC and staff on the issue of economic development incentives; 2. If the Commission is inclined to support the creation of a formal incentive program, define it and identify a potential funding source or sources to support expanding economic development incentives; and/or 3. Other issues or considerations identified by the Commission. ALTERNATIVES: As directed by the Commission. 129 7 FISCAL EFFECTS: The fiscal effects of an increase in funding to support an incentive program on the City’s budget are undetermined at this time. Should the Commission allocate financial resources to an incentive program, or other economic development activities, funding these activities will likely have effects on local taxes. Report compiled on: April 7, 2013 Attachments: 1. January 28, 2013 Commission Memo and attachments, RE: A Discussion of an Economic Development Impact Fee Mitigation (EDIFM) program as an incentive for targeted business and industry sectors in consideration of Ordinance 1853; 2. April 1, 2013 Commission Memo and attachments, RE: Commission Resolution 4433 implementing the impact fee payment deferral provisions of Ordinance 1853 as directed by the City Commission; 3. City of Missoula, Montana, economic development incentives and programs; 4. City of Ashville, North Carolina, economic development incentives and programs; 5. Greater Fargo and Moorehead North Dakota, economic development incentives and programs; 6. Cities of Madison, Wisconsin, Arlington, Texas and Bend, Oregon, economic development incentives and programs; 7. GFOA best practices guide, Developing an Economic Development Incentive Policy (2008); 8. FY 14 economic development budget proposal; 9. City of Bozeman’s adopted 2009 economic development goals and strategies; 10. Bozeman City Commission’s adopted 2013 – 2014 priorities; 11. Downtown Technical Assistance Grant program; 12. North 7th Rehab Grant program; and 13. The Bozeman BEAR program. 130 1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, Director of Economic Development SUBJECT: A discussion of an Economic Development Impact Fee Mitigation (EDIFM) program as an incentive for targeted business and industry sectors in consideration of Ordinance 1853. MEETING DATE: January 28, 2013 AGENDA ITEM TYPE: Action RECOMMENDATION: Consider the discussion below in the context of adopting Ordinance 1853 and based on the discussion, provide direction to staff regarding the creation and funding of an EDIFM program. BACKGROUND: At the public meeting held on December 10, 2012, the Commission directed staff to return with, among other information, a discussion of targeted support for impact fee mitigation. The following material is part of the larger Commission discussion on the implementation of the impact fee program. Economic Development and Impact Fees Ideally, in its consideration of the implementation of the transportation impact fee program, the Commission would discuss the synchronization of the impact fee program implementation with the Commission’s established economic development goals, priorities and policy initiatives. This memo discusses an economic development incentive program commonly referred to as an Economic Development Impact Fee Mitigation, or EDIFM, program. In the economic development strategies of many states and local governments, a mitigation program is usually one of a broad portfolio of economic development incentives. That is to say, if incentives are a functional part of an organization’s economic development “strategy”, the organization should not depend on an EDIFM program alone. 176131 2 A well integrated policy and regulatory environment is advantageous for both the public and private entities. The effect of the new impact fee methodology on the implementation of the City’s Economic Development Plan should be considered in the overall impact fee implementation discussion. It should be noted that incentivizing targeted industry growth for economic development may take several forms, funded from a variety of sources. The broader discussion is beyond the scope of this memo which is focused on targeted incentives for economic development through the City’s impact fee program. One type of incentive is the establishment of an economic development impact fee mitigation program (EDIFM) described below. Economic Development Impact Fee Mitigation Program Authority Currently there is enabling language in the Bozeman Municipal Code (the “BMC”) which allows the mitigation of some or all of development impact fees for the promotion of economic development. The Commission’s decision to mitigate some or all development impact fees must be made “pursuant to goals and objectives previously adopted by the city commission to promote economic development.” Bozeman Municipal Code Sec. 2.06.1700. - Miscellaneous provisions. H. In order to promote affordable workforce housing of the city, the city commission may waive impact fees for workforce housing lots approved by the city commission pursuant to Chapter 10, Article 8, by paying some or all of the impact fee from other funds of the city that are not restricted to other uses. In order to promote the economic development of the city and the provision of affordable housing in the city, the city commission may agree to pay some or all of the development impact fees imposed on a proposed development by this division from other funds of the city that are not restricted to other uses. Any such decision to pay development impact fees on behalf of an applicant shall be at the discretion of the city commission and shall be made pursuant to goals and objectives previously adopted by the city commission to promote economic development and/or affordable housing. Economic Development Impact Fee Mitigation Program Rationale The concept underlying the mitigation of a portion or all of an assessed transportation impact fee lies in the desire by a local government to incent or support economic development by reducing the cost of development to certain industries. Generally, certain types of business or industry, identified as being high-skilled or having high growth potential, pays higher than the average in wages and benefits. These jobs add significant value to a community by providing expanded numbers of well compensated employees in a variety of mid to higher paying jobs and, in turn, those employees re-invest into the community by purchasing homes, goods and services. This result is a higher level of economic activity and, for local government, an expanded tax base. The Goals and Strategies of the City’s adopted 2009 Economic Development Plan (the “EDP”) identify several rationales for adoption of a mitigation program. (Attachment 1) First, 177132 3 the EDP identifies several broad potential high growth business “clusters” as catalysts for medium to high paying job creation and overall expanded economic diversification. Additionally, EDP goals “encourage the participation of the business community in the development of city-wide programs related to transportation, growth management, development impact fees, environmental protection, and other related issues.” The City’s Economic Development Council (the “EDC”) is a volunteer advisory body consisting of public and private sector appointees. In the course of its work, the EDC discussed the impact fee issue on several occasions, much of it information and education. In November, 2012 the EDC supported forwarding the following discussion points for Commission consideration during the impact fee discussion: 1. Identify specific sectors, job creating and industry diversifying sectors, with high growth potential, for deferral of commercial impact fees, or a percentage thereof, until the application for Certificate of Occupancy; 2. Increase education and information; and 3. Compare the City’s development fee schedule against the development fee schedules of other communities on a yearly basis. As evidenced by the example of public participation and input described above, the Commission continues to meet goals set forth in the EDP. These three discussion points are addressed elsewhere in narrative and in the previous memorandum1. Additional goals, as they relate to targeted mitigation of impact fees, are highlighted below: 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 1 A discussion of a targeted sector impact fee deferral program is contained in the previous memo dated January 28, 2012, titled Ordinance 1853 amending Chapter 2, Article 6, Division 9, Impact Fees to establish definitions, address possible deferral of payments, modify timing of documentation updates, and other revisions for clarity; and possible direction on related implementing resolutions. 178133 4 • 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) b. Support and promote entrepreneurial efforts linked to emerging markets, high technology, and research and development. c. Support the Business Expansion and Retention (BEAR) program that is facilitated by the Bozeman Area Chamber of Commerce and Bozeman Job Service. d. 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. e. Encourage the participation of the business community in the development of city-wide programs related to transportation, growth management, development impact fees, environmental protection, and other related issues. f. 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. Additionally, the EDP encourages leveraging local resources to enhance economic growth: 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. b. Support the continued growth and success of the Bozeman Revolving Loan Fund (RLF) and the establishment of new revolving loan funds to provide additional financing options for Bozeman businesses. c. Utilize incentives or inducements, such as property tax abatement or development fee abatement, to encourage business investment and development in desired areas. 179134 5 d. Encourage commercial real estate developers to apply for New Market Tax Credits on projects that meet the established criteria. e. Utilize the Big Sky Economic Development Trust Fund (job training grants, planning grants, matching funds) and Workforce Training Grants from the Montana Department of Commerce to support business expansion and relocation as well as current economic development planning projects. f. Seek new Community Development Block Grant (CDBG) funds to implement projects and programs. g. Utilize Brownfield funding to facilitate redevelopment in appropriate sites where funding is available. h. Identify and support redevelopment opportunities and adaptive reuse of large commercial centers. The above adopted economic development goals are consistent with the creation of an economic development incentive program to encourage the growth and addition of mid- to high wage jobs. Sample Economic Development Impact Fee Mitigation Ordinance and Programs While impact fee mitigation programs exist throughout the nation, we examined two local governments in Florida with active EDIFM programs2. Since 2011 the City of Lakeland, Florida (2010 pop. est. 97,422) has operated an EDIFM program to “encourage quality job growth in targeted high value added businesses”. (Attachment 2) You can find more incentive and program information at Lakeland’s Economic Development Council website. Their material states: In Lakeland there are three ways to take advantage of the [impact fee] mitigation: 1. High Wage Job Creation (build to suit projects adding high wage jobs paying 115% of the average annual wage); 2. Industrial Job Creation (build to suit projects adding more than 100 new jobs); or 3. Inventory Development (creating an available industrial building inventory for prospective companies). 2 Examples of other communities who use EDIFM programs are; a) City of Edgewater, Florida, b) City of Fremont, California, c) City of Arlington, Texas, and d) City of Tucson, Arizona. 180135 6 Two businesses have taken advantage of the program since its inception. One has since failed, the second brought 400 jobs to the community and, according to Lakeland officials, the auto parts distribution operation remains stable. Martin County Florida (2008 pop. est. 138,660) has operated an EDIFM program since 2008. (Attachment 3) Established by ordinance, the program intends to “to encourage economic opportunities and permanent business expansion.” (Attachment 4) You can find more incentive and program information at Martin County’s economic development website. The Martin County incentive criteria are: 1. Create a minimum number of jobs (10) within a “Qualified Target Industry Business” (Attachment 5); 2. Pay between 115% and 200% of average private sector wage or, commit to between $10m to over $20m total capital investment; and 3. Commit to remain in the County at least until such time as obligations of the Economic Development Fund, related to the business, are replenished. According to the administrating authority, despite several promising starts and genuine interest by expanding or relocating business interests, the program has yet to be used. They cited various reasons for the inactivity. In Florida, the stagnant economy played a role in limiting all types of new or expanding development. Extended payback periods for the amount of upfront cost savings was not cost effective for most of the projects. There was difficulty financially securing projects especially through gaining favorable positioning over the primary lender on property liens, and in Martin County land costs are generally lower but infrastructure costs are generally higher, than adjacent incorporated municipalities. Finally, the size and scope of the incentive criteria may be out of balance with current economic realities. In addressing some of the program stagnation identified by Martin County, it is important to note that Bozeman is experiencing increased commercial and residential development activity, a sign that economic conditions are improving. A Bozeman EDIFM program could address and minimize the payback periods thus providing a more cost effective alternative to the Florida model. Financial security for an EDIFM eligible development project may take many forms, one of which may be a property lien. If a property lien is identified as a possible form of financial security for an EDIFM eligible development project, more research would be necessary to determine if that form if security is legal in Montana and how the local lending community will react to the suggestion that the City take the first position over primary lenders on property liens. If an EDIFM program is established in Bozeman, the land to infrastructure values would likely be the reverse of Martin County, where the cost of land may be more expensive but there is more infrastructure in place and thus may reduce the overall infrastructure cost in relation to those in the county. Lastly, in terms of program size and scope, County officials indicate the incentive criteria thresholds could be scaled according to the size, conditions and desire of the community. Each local government experienced varying degrees of success with their EDIFM program. Despite the varying success rates, they agree that a funded EDIFM program is an important addition to their overall economic development incentive portfolio. It is important to 181136 7 note that providing opportunities, even if criteria are selective, to reduce cost, delivers a strong “business friendly” message locally, statewide and across the county. Concerning the consistency of the incentive criteria, applying the metric of “jobs created”, as shown in the two examples of incentive criteria above, is consistent with the State of Montana’s economic development manufacturing package incentive criteria. (Attachment 6) While the State’s economic development funding and financing programs are very different from an EDIFM program, the number of jobs created by targeted development, in this instance a manufacturing development project, job creation consistently remains an important, if not the most important, criteria along with the specific sectors targeted. The incentive criteria is also consistent with the over arching economic development goal for the City of Bozeman which is to facilitate job creation and economic diversification. Economic Development Impact Fee Mitigation Program Funding Montana law requires the mitigated amount of the impact fee be supplemented from an authorized revenue source. See 2.06.1700.H, BMC (requiring that mitigation payments come “from other funds of the city that are not restricted to other uses”). Other States, including Florida, have similar legal requirements. According to the City Attorney, these requirements are based in the concept of proportionality and fairness. In Florida, the funds required to make up for the mitigated amounts are derived from a variety of local sources and in the instance of the local governments whose EDIFM programs we examine here, from both public and private sources dedicated solely to funding economic development activities. In the case of the EDIFM programs examined above, program funding comes from a variety of sources including state, local and private funds. Options for funding an EDIFM program in Bozeman are limited. A few options include: 1. Allocate general fund money through the regular yearly budget process, increasing mills to support economic development activities (with or without a sunset provision)3; 2. Commission support for a ballot initiative to raise revenue to fund economic development activities; 3. Leverage general fund money to match private funding for the purpose of funding economic development activities; and/or 4. Current tax increment finance districts (TIFs) could be requested to approve a certain percentage of annual budgets to support economic development activities. Any one, or combination of potential funding sources listed above could include funding for an EDIFM program. Additionally, the Commission could consider a cap on the total amount of cost mitigated by an EDIFM program on an annual basis. In 1986, the Bozeman City Commission unanimously supported a Resolution of Intent to levy one mill for “economic development purposes”. (Attachment 7) The issue was placed on 3 The FY 13 value of one mill is $83,226. Currently the City levies 166.75 mills, 29.87 mills below the statutory limit of 196.62 mills. 182137 8 the ballot in November, 1986 and was defeated by a vote of 3402 For and 3686 Against. What is notable is the sunset provision in the resolution and ballot language, “for each of the next five years.” If it is determined that supporting an increase of one or more mills for economic development is appropriate, a similar sunset provision could be considered for any proposed mill levy increase. Additionally, for efficacy purposes, it would be important to track the effectiveness of any new economic development program, including an EDIFM program, or activity to justify continued funding. Another discussion question arises: Which industry sectors should an EDIFM program target? Unlike Florida, the State of Montana does not have the statutory equivalent of the Qualified Target Industry Business (QTIB) defining targeted sectors. The EDP and the City’s EDC have broadly identified the high growth sectors of manufacturing and fabrication, bio- science and bio-technology, high-technology, photonics/optics and the outdoor industry as desired industries. If an EDIFM program is created, these sector descriptions should be refined and adopted by Commission in ordinance or resolution form having the effect of further legitimizing and solidifying targeted sectors. Once codified, the City’s QTIB could form the basis of other economic development incentive programs in addition to an EDIFM program. Education and Information Education is a critical component of the success of any program. There are many common misconceptions about the purpose and intent of impact fees and how the City’s current program operates. Regardless of whether deferral or mitigation programs are authorized, the Commission should consider supporting increasing resources for educating the public and staff about the City’s impact fee program. Both private sector businesses and local economic development service providers also hold misconceptions about the City’s impact fee program. On occasion, City staff is invited to discuss and explain the impact fee program to private businesses and non-profit economic development service providers who regularly interact with the development community. Additionally, the EDC, in its December 10, 2012 memo to the City Commission, presented discussion points on the impact fee issue. In addition to suggesting targeting specific sectors for an impact fee deferral program and conducting a yearly comparison of the City’s impact fee schedule with those of other communities, the EDC suggested the Commission discuss increasing the level of education and information about the City’s impact fee program to both the public and staff. UNRESOLVED ISSUES: Provide direction to City staff to: 1. Create an appropriately scaled EDIFM program; 2. Refine and adopt, by resolution or ordinance, the targeted sector criteria; 3. Identify a funding source or sources to support economic development activities, including an EDIFM program; and/or 4. Other issues identified by the Commission. ALTERNATIVES: As directed by the Commission. 183138 9 FISCAL EFFECTS: The fiscal effects on the City are undetermined at this time. Should the Commission allocate tax revenue to an EDIFM program, or other economic development activities, funding these activities will have effects on local taxes. Report compiled on: January 16, 2013 Attachments: 1. Adopted 2009 Economic Development Plan Goals and Strategies; 2. Economic Development Impact Fee Mitigation Program, City of Lakeland, Florida; 3. Economic Development Transportation Impact Fee Mitigation Program, Martin County, Florida; 4. Martin County, Florida Ordinance 804, Economic Development Transportation Impact Fee Mitigation Program establishment ordinance; 5. State of Florida’s “Qualified Target Industry Business” or QTIB criteria; 6. State of Montana’s manufacturing funding and financing program information; and 7. City of Bozeman, Resolution 2621 (1986). 184139 CITY OF BOZEMAN ECONOMIC DEVELOPMENT PLAN VII. GOALS AND STRATEGIES VII-1 VII. BOZEMAN ECONOMIC DEVELOPMENT GOALS AND STRATEGIES The following list of economic development priorities – identified as goals and strategies – are a culmination of the research and development of the City of Bozeman Economic Development Plan. It is recognized that the City of Bozeman will lead the implementation of some of these goals and strategies, and with others, the City will assume a supporting role, while private entities lead the implementation. An Implementation Matrix, which identifies specific strategies for the City of Bozeman to initiate and lead with a corresponding timeline, is included in the next section (Section VIII). The goals and strategies are all important and there is no priority ranking attached to the order of presentation. These goals and the more specific strategies provide a framework in which the City, the business community, and key stakeholder groups can plan, prioritize, and implement economic development activities for the benefit of all citizens of Bozeman. Not all of these proposed strategies will have the same impact, but through a focused and collaborative effort, Bozeman will be better positioned to be more competitive. The specific recommendations and priorities of the City of Bozeman Economic Development Plan fall under the following 6 general economic development goals: 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. 2. Maintain and upgrade infrastructure to support current and future needs of business. 3. Support education and workforce development initiatives to provide Bozeman with the qualified workers to meet the needs of business. 4. Leverage local, state and federal economic development resources to enhance economic growth in Bozeman. 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. 6. Maintain the high quality of life that is considered an important asset to the business community. 185140 CITY OF BOZEMAN ECONOMIC DEVELOPMENT PLAN VII. GOALS AND STRATEGIES VII-2 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) b. Support and promote entrepreneurial efforts linked to emerging markets, high technology, and research and development. c. Support the Business Expansion and Retention (BEAR) program that is facilitated by the Bozeman Area Chamber of Commerce and Bozeman Job Service. d. 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. e. Encourage the participation of the business community in the development of city-wide programs related to transportation, growth management, development impact fees, environmental protection, and other related issues. f. 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. 186141 CITY OF BOZEMAN ECONOMIC DEVELOPMENT PLAN VII. GOALS AND STRATEGIES VII-3 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 and encourage the efforts to develop larger convention or conference center facilities to attract larger statewide or regional meeting and convention business to Bozeman. c. Support or lead efforts to develop an industrial park to meet the needs of existing and future manufacturing or industrial businesses. d. Support the efforts of the Gallatin Airport Authority and others to maintain and expand air service at Gallatin Field Airport in recognition of the importance of Gallatin Field Airport to Bozeman’s economy. e. 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. Support the creation of market-rate and affordable rental and owner-occupied housing that meets the needs of the local workforce. d. 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. e. Support a periodic comprehensive survey among local employers and target sectors to identify their labor needs and minimum skill requirements. Utilize findings of the survey 187142 CITY OF BOZEMAN ECONOMIC DEVELOPMENT PLAN VII. GOALS AND STRATEGIES VII-4 to coordinate with MSU, MSU College of Technology, Bozeman School District, and others to refine existing and develop new programs directed at addressing the identified skill needs. f. Work with existing or new businesses to access Montana Department of Commerce Workforce Training Grants to support employee training costs. g. Continue to support the Bozeman Area Chamber of Commerce’s Leadership Bozeman Program to identify, train, and motivate prospective and current business and community leaders. h. 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. b. Support the continued growth and success of the Bozeman Revolving Loan Fund (RLF) and the establishment of new revolving loan funds to provide additional financing options for Bozeman businesses. c. Utilize incentives or inducements, such as property tax abatement or development fee abatement, to encourage business investment and development in desired areas. d. Encourage commercial real estate developers to apply for New Market Tax Credits on projects that meet the established criteria. e. Utilize the Big Sky Economic Development Trust Fund (job training grants, planning grants, matching funds) and Workforce Training Grants from the Montana Department of Commerce to support business expansion and relocation as well as current economic development planning projects. f. Seek new Community Development Block Grant (CDBG) funds to implement projects and programs. 188143 CITY OF BOZEMAN ECONOMIC DEVELOPMENT PLAN VII. GOALS AND STRATEGIES VII-5 g. Utilize Brownfield funding to facilitate redevelopment in appropriate sites where funding is available. h. Identify and support redevelopment opportunities and adaptive reuse of large commercial centers. 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. Establish an advisory committee to perform a time-limited review of the City of Bozeman’s development process. The committee would be charged with evaluating development issues and making recommendations for policy or procedure changes to the City Commission. The committee would be made up of business leaders, city planning staff, developers, planning board members, and others. The following 4 strategies would best be evaluated and implemented by this development process review committee: (1) Review the processes for permitting, licensing, and other regulatory requirements to improve the climate for doing business in Bozeman. (2) Provide an efficient and well-defined land development process with development regulations being as flexible as possible and efficiently administered. (3) Support continuing technological advances in systems and equipment to make the development permitting process more efficient. Integrate technology into business processes to increase operational efficiencies, improve service delivery and control costs. (4) Empower the Planning Department staff and the City Commission to build more efficiency in the decision making process. b. Designate a qualified city employee with economic development responsibilities and a role as the community business advocate. c. Establish an Economic Development Council to advise the City Commission on economic development issues and to review the implementation of specific economic development initiatives. This council should be made up of business leaders, city staff, economic development leaders, and others. 189144 CITY OF BOZEMAN ECONOMIC DEVELOPMENT PLAN VII. GOALS AND STRATEGIES VII-6 d. Engage in an active program for the City Commission and City staff to visit Bozeman businesses on a routine basis, with the intent of improving the relationship between the City and the business community, and to proactively identify issues and work to resolve them collaboratively. Coordinate with the Bozeman Area Chamber of Commerce, Prospera Business Network, and others to facilitate this program. e. Ensure working economic development relationships with Gallatin County and other jurisdictions within the region to better coordinate economic development activities. f. Coordinate with the Bozeman Area Chamber of Commerce, Prospera Business Network, the Northern Rocky Mountain Resource and Conservation District and Economic Development District (RC&D-EDD), the Downtown Bozeman Partnership, the Montana Department of Commerce, and others to monitor local, regional and national economic trends and market Bozeman as a desirable place to do business. g. 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. a. Recognize and support the idea that Bozeman’s “quality of place” is a significant asset for the business community. b. Support the continued economic vitality of the downtown Bozeman business district, which is broadly recognized as one of Bozeman’s strongest assets. Continue to support and promote downtown Bozeman as the economic and cultural center of the region, and encourage development and re-development through the use of incentives for future investment and development. [Refer to the 2009 Downtown Improvement Plan for additional information.] c. Support the economic vitality of Bozeman’s entryway corridors to reinforce Bozeman as a regional shopping destination. d. Require a cost benefit analysis or economic impact analysis for all projects receiving financial assistance from the City (including incentives) to measure the return on investment. e. Promote an energy efficient and sustainable community through the City’s policies and practices. [Refer to Bozeman Community Plan for additional information] 190145 The Economic Development Impact Fee Mitigation (EDIFM) is a reduction of impact fees to encourage quality job growth in targeted high value added businesses. The EDIFM was designed to encourage Build to Suit and Speculative Building Development. There are three ways to take advantage of the mitigation: 1.) High Wage Job Creation – build to suit projects adding high wage jobs paying 115% of the average annual wage or 2.) Industrial Job Creation – build to suit projects adding more than 100 new jobs or 3.) Inventory Development – creating an available industrial building inventory for prospective companies. HIGH WAGE JOB CREATION Pre-approved applicants who build a new facility and create high wage jobs in the City of Lakeland will receive a 50 to 90% reduction/waiver of non utility impact fees. For businesses creating 10-50 jobs, paying 115% of the average annual wage, a 50% impact fee mitigation may be received. Businesses creating 51- 100 jobs, paying 115% of the average annual wage, a 70% impact fee mitigation may be received. Businesses creating 101+ jobs, paying 115% of the average annual wage, a 90% or full mitigation of impact fees may be received. Number of Jobs Created Average Wage Total Mitigation Amount 10 - 50 115% 50% 51 - 100 115% 70% 101 + 115% 90% 50% of the approved mitigation amount will be deducted from the impact fees due at the time the building permit is issued. The remaining 50% of the approved mitigation amount will be refunded once the total number of jobs committed for the project, have been added. It is up to the recipient of the mitigation award to provide proof to the City of Lakeland, that the jobs have been created to receive the remainder of the mitigation. Eligibility: In order to participate, the company must apply to the Community Development Department of the City of Lakeland with a letter of recommendation from the Lakeland Economic Development Council (LEDC) prior to pulling a building permit. • Submit the application before making a decision to locate or expand and demonstrate that the impact fee reduction/waiver will make a difference in the company’s decision to locate or expand. Once the building permit has been issued, the company is no longer eligible. • Create at least 10 net, new full time jobs. • Pay an average annual wage that is at least 115% of Polk County’s average annual wage. (Average annual wage includes overtime and bonus, but not benefits). 115% of the average annual wage is $40,259 or $19.36 per hour. The average wage changes annually, January 1st. • The Qualified Target Business/approved business or the owner of real property, but both can not apply for the impact fee mitigation. 191146 Application Process: • Community Development and/or LEDC staff will help the applicant throughout the entire process to ensure the company understands what is required for a complete application. • Any person seeking the EDIFM needs to file an application for mitigation with the Director of Community Development or his designee, along with $500 for the administrative review fee, prior to the Impact Fee payment date. Approval Process: • The Community Development Director has final approval of all projects. • The City of Lakeland will make every effort to expedite the process to meet the applicant’s schedule and will take no more than 30 days to evaluate a completed application. INDUSTRIAL JOB CREATION: Pre-approved applicants who build a new facility and create high volume industrial jobs in the City of Lakeland will receive a 50 to 90% reduction/waiver of non utility impact fees. For businesses creating 100-199 jobs a 50% impact fee mitigation may be received. Businesses creating 200-299 jobs, a 70% impact fee mitigation may be received. Businesses creating 300+ jobs a 90% or full mitigation of impact fees may be received. Number of Jobs Created Total Mitigation Amount 100 - 199 50% 200 - 299 70% 300 + 90% 50% of the approved mitigation amount will be deducted from the impact fees due at the time the building permit is issued. The remaining 50% of the approved mitigation amount will be refunded once the total number of jobs committed for the project, have been added. It is up to the recipient of the mitigation award to provide proof to the City of Lakeland, that the jobs have been created to receive the remainder of the mitigation. Eligibility: In order to participate, the company must apply to the Community Development Department of the City of Lakeland with a letter of recommendation from the Lakeland Economic Development Council (LEDC) prior to pulling a building permit. • Submit the application before making a decision to locate or expand and demonstrate that the impact fee reduction/waiver will make a difference in the company’s decision to locate or expand. Once the building permit has been issued, the company is no longer eligible. • Business must be a Qualified Target Industry • Create at least 100 net, new full time jobs. • The Qualified Target Business/approved business or the owner of real property, but both can not apply for the impact fee mitigation. Application Process: • Community Development and/or LEDC staff will help the applicant throughout the entire process to ensure the company understands what is required for a complete application. 192147 • Any person seeking the EDIFM needs to file an application for mitigation with the Director of Community Development or his designee, along with $500 for the administrative review fee, prior to the Impact Fee payment date. Approval Process: • The Community Development Director has final approval of all projects. • The City of Lakeland will make every effort to expedite the process to meet the applicant’s schedule and will take no more than 30 days to evaluate a completed application. INVENTORY DEVELOPMENT Preapproved applicants who build new building inventory, wholesale/warehouse and/or manufacturing/industrial, space that is 70,000 square feet or greater are eligible for a 50% reduction of non utility impact fees when the building permit is pulled. New Building Inventory Space Total Mitigation Amount 70,000 square feet and greater 50% The 50% mitigation amount will be deducted from the impact fees due at the time the building permit is issued. Eligibility: • In order to participate, the company must apply to the Community Development of the City of Lakeland with a letter of recommendation from the Lakeland Economic Development Council (LEDC) prior to pulling a building permit. • Submit the application prior to applying for a building permit. Once the building permit has been issued, the company is no longer eligible. Application Process: • Community Development and/or LEDC staff will help the applicant throughout the entire process to ensure the company understands what is required for a complete application. • Any person seeking the EDIFM needs to file an application for mitigation with the Director of Community Development or his designee, along with $500 for the administrative review fee, prior to the Impact Fee payment date. Approval Process: • The Community Development Director has final approval of all projects. • The City of Lakeland will make every effort to expedite the process to meet the applicant’s schedule and will take no more than 30 days to evaluate a completed application. 193148 ECONOMIC DEVELOPMENT IMPACT FEE MITIGATION PROGRAM INSTRUCTIONS The Impact Fee Mitigation Program was established by County Ordinance 804. The Ordinance created a new Section 71.45 that allows impact fee mitigation for businesses meeting the requirements of the program, as defined in Section 71.45 and detailed below. This program is intended to encourage economic opportunities and permanent business expansion. It is not an entitlement program. The program is established in order to provide the Board of County Commissioners the opportunity, in its sole discretion, to grant impact fee mitigation to Qualified Target Industry Businesses. Applicants must apply for the Program prior to the issuance of the Building Permit for the subject property or project. An agreement for the impact fee mitigation must be approved by the County Commission prior to the granting of the impact fee relief. The Instructions lay out the requirements of the Program and the application for qualified businesses to seek the mitigation. Definitions "Qualified Target Industry Business" or “QTIB” shall mean a new or expanding business in the County that meets the requirements of Section 288.106, Florida Statutes, or its statutory successor in function, as a Qualified Target Industry Business or as identified by EFI, OTTED, and/or the BDBMC. "Applicant" shall include any person, company, or research institute that qualifies as a Qualified Target Industry Business and which is seeking to expand in or locate to Martin County. “Property Owner” shall mean any person or entity owning the land upon which the Qualified Target Industry Business will be expanding on or locating to. Minimum Criteria. To be eligible for an Economic Development Impact Fee Mitigation, an Applicant must meet the following minimum criteria in accordance with Section 71.45.D.1, listed below Qualify as a Qualified Target Industry Business and create a minimum of ten (10) new jobs with an average private sector wage (excluding benefits) of at least 115% of the average private sector 194149 wage, as identified annually by Enterprise Florida, Inc., for either Martin County or the Metropolitan Statistical Area which includes Martin County and provide a benefit package that includes health insurance and commit to remain in the County at least until such time as obligations of the Economic Development Fund, related to the business, are replenished in accordance with subsection 71.45.L.; or must meet the following minimum criteria in accordance with Section 71.45.D.2, listed below: Qualify as a Qualified Target Industry Business and create a minimum of ten (10) new jobs with an average private sector wage (excluding benefits) of 100% of the average private sector wage, as identified annually by Enterprise Florida, Inc., for either Martin County or the Metropolitan Statistical Area which includes Martin County and make a taxable capital investment in the County of $10 million or greater in construction, renovations, equipment purchases, or other major capital investment items and commit to remain in the County at least until such time as obligations of the Economic Development Fund, related to the business, are replenished in accordance with subsection 71.45.L.; and Enter into an agreement with the County and the Property Owner (if the Applicant business is not the Property Owner) wherein the Applicant agrees to locate or expand its business operations within Martin County and will remain in the County at least until such time as obligations of the Economic Development Fund, related to the business, are replenished in accordance with subsection 71.45.L. The Agreement will also require the Applicant to provide the County with the Applicant's Florida Department of Revenue Quarterly Report (UCT-6) form or successor document, and all other documentation to demonstrate that the job creation and salary level commitments were achieved. Provisions for penalties, repayment or suspension of payments for non-performance related to this program shall be clearly established in the agreement. 195150 Economic Development Impact Fee Mitigation Amounts If the Applicant meets the requirements provided above for mitigation, the Applicant shall be eligible for the following: If the Applicant qualifies, it shall be eligible to receive an Economic Development Impact Fee Mitigation in the following amounts; provided, however, that the Board may proportionally increase these mitigation amounts in the event the Applicant exceeds these requirements: Number of Jobs Created % of Average Private Sector Wage Mitigation Amount Minimum of 10 115% plus benefits $3,500 per job created Minimum of 10 150% plus benefits $5,000 per job created Minimum of 10 200% plus benefits $7 500 per job created If the Applicant qualifies under subsection 71.45.D.2. above, it shall be eligible to receive an Economic Development Impact Fee Mitigation in the following amounts; provided, however that the Board may proportionally increase these mitigation amounts in the event the Applicant exceeds these requirements: Number of Jobs Created Total Capital Investment Mitigation Amount Minimum of 10 $10,000,000 to $14,999,999.99 40% of total County Impact Fees Minimum of 10 $15,000,000 to $19,999,999.99 50% of total County Impact Fees Minimum of 10 $20,000,000 or more 60% of total County Impact Fees Restriction to One Criteria Category Each Applicant shall only be eligible for mitigation under either subsection 71.45.D.1. or subsection 71.45.D.2., but not both. 196151 Payment Limits. In no case shall mitigation benefits exceed the amount of the actual impact fees due to the County as a result of expansion or location of the QTIB project as specified in the application. County Administrator and Board of County Commissioners Review If the County Administrator finds that the Applicant meets the requirements provided herein for mitigation, the County Administrator shall agenda an Impact Fee Mitigation Agreement before the Board of County Commissioners which shall contain the Martin County Impact Fee Mitigation Application for Qualified Target Industries and any other documents as requested by the County Administrator. Because this Program is not an entitlement program, the Board may accept or reject the request for mitigation without cause. Deferment of Impact Fee Payment. In addition, the Board of County Commissioners may defer payment by the Economic Development Fund of impact fees mitigated by the Impact Fee Mitigation Program for a period not to exceed ten (10) years. Application Any Applicant seeking an Economic Development Impact Fee Mitigation shall file an application for mitigation with the County Administrator prior to the issuance of the Building Permit for the subject property or project. Any request for Economic Development Impact Fee Mitigation must be submitted to the County by the Applicant prior to the Applicant deciding whether or not they will expand or locate in Martin County. Certification of the Business Development Board The Business Development Board must verify that the application qualifies as a Targeted Industry. The application contains a form for this purpose. 197152 Martin County Board of County Commissioners Qualified Target Industry Incentive Application: IMPACT FEE MITIGATION PROGRAM ___________________________________________ (Name of Business or Project Codename) Must be a business unit or reporting unit of a business unit that is registered with or will be registered with the State of Florida for unemployment compensation purposes. a) Name of Business (or Project Codename)* ___________________________________________ b) Type of Business Corresponding to the most recently adopted State of Florida Qualified Target Industry List: ______________________________________________________ c) Contact Person: ________________________________________________________ Phone number/e-mail: ___________________________________________________ d) Business FEIN: ________________________ 2. Project information a) Is the project (please circle): Expansion Relocation/location b) Is the project (please circle): New Construction Change of Use c) Location of Property: ___________________________________________________________ _____________________________________________________________________________ d) Name and Address of Property owner Name, if different than Business Owner: _____________ _____________________________________________________________________________ e) What is the anticipated size of new construction: ________________ sq. ft. f) Date by which all construction is anticipated to be completed: _______________________ 198153 g) What is the anticipated value of improvements to be made on-site: $_________________ h) What is the anticipated capital investment in equipment for the site $_________________ 3. Project employment: a) Total number of net new jobs created by the project at the business unit that is to be located or expanded in Martin County*: __________________________________ b) Date by which new jobs will be created: ______________________________________ c) For purposes of certification, agreement, and claim review, indicate the wage and corresponding threshold (percentage) to which you commit: 1. $ _______________ 100% of the _______(year) average private sector wage in Martin County* 2. $ _______________ 115% of the _______(year) average private sector wage in Martin County 3. $ _______________ 150% of the _______(year) average private sector wage in Martin County 4. $ _______________ 200% of the _______(year) average private sector wage in Martin County *Jobs at or below 115 of the average private sector wage in Martin County are only eligible under the Capital investment strategy of the Economic Development Impact Fee Mitigation program. _________________________________________________ _______________________ Signature of individual completing this portion Date _____________________________________ Please print or type name of individual completing this portion _________________________________________________ _______________________ Signature of Authorized Officer Date _________________________________________________ Please print or type name of Authorized Officer 199154 Required Attachments Legal Description of property Overview of the project including description of anticipated construction and the jobs to be created in Martin County Attach proof that the identified construction or property modification will be for a Qualified Target Industry Business and/or will directly benefit a Qualified Target Industry Business A notarized affidavit and all necessary supporting evidence affirming that the requirements of subsection 71.45.D.1. or subsection 71.45.D.2., General Ordinances, Martin County Code will be met within one (1) year of the date the Certificate of Occupancy is issued which term may be extended by the Martin County Administrator upon good cause shown. Authorization to Act on Behalf of the Applicant. Authorization to Act on Behalf of Property Owner 200155 Martin County Board of County Commissioners Qualified Target Industry Incentive Application Business Development Board of Martin County Verification of Program Qualification For: ______________________________ (Name of Business or Project Codename) VERIFICATION CHECKLIST: ______ Name of Business or Project Codename ______ Business Address ______ Business FEIN ______ Business Type Corresponds with __________________ as included on the State of (industry type) Florida Qualified Target Industry List in effect as of ________________. (Date) ______ Authorized Officer’s signature and name. ______ Contact/Representative has appropriate authority from applicant business ______ Address of new location or site at which expansion will take place ______ Owner of Property ______ Business Owner has appropriate authority from property owner ______ Business Owner has verified number of jobs to be created in Martin County ______ Business Owner has verified average salary level for jobs created ______ Average Salary Level exceeds 115% of average private sector wages for Martin County. _________________________________________________ Print Name of Authorized Officer _________________________________________________ _______________________ Signature of Authorized Officer Date 201156 202157 203158 204159 205160 206161 207162 208163 209164 210165 Businesses able to locate in other states and serving multi-state and/or international markets are targeted. Call Centers and Shared Service Centers may qualify for incentives if certain economic criteria are met. Retail activities, utilities, mining and other extraction or processing businesses, and activities regulated by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation are statutorily excluded from consideration. All projects are evaluated on an individual basis and therefore operating in a target industry does not automatically indicate eligibility. For additional information about Florida’s business advantages, please visit Enterprise Florida’s website at www.eflorida.com or call 407.956.5600.Rev. 2/11 HOMELAND SECURITY / DEFENSE AVIATION: Aircraft and Aircraft Parts Manufacturing Maintenance Repair and Overhaul of Aircrafts Navigation Instrument Manufacturing Flight Simulator Training AEROSPACE: Space Vehicles and Guided Missile Manufacturing Satellite Communications Space Technologies Launch Operations AVIATION / AEROSPACE Modeling, Simulation and Training Optics and Photonics Digital Media Software Electronics Telecommunications INFOTECH Biotechnology Pharmaceuticals MEDICAL DEVICES: Laboratory and Surgical Instruments Diagnostic Testing LIFE SCIENCES EQUIPMENT: Optical Instruments Navigation Aids Ammunition Electronics TRANSPORTATION: Military Vehicles Shipbuilding and Repair TECHNOLOGY: Computer Systems Design Simulation and Training Biomass & Biofuels Processing Energy Equipment Manufacturing Energy Storage Technologies Photovoltaic Environmental Consulting CLEANTECH FINANCIAL SERVICES: Banking Insurance Securities and Investments PROFESSIONAL SERVICES: Corporate Headquarters Engineering Legal Accounting Consulting FINANCIAL / PROFESSIONAL SERVICES EMERGING TECHNOLOGIES OTHER MANUFACTURING Global Logistics Marine Sciences Materials Science Nanotechnology Food and Beverage Automotive and Marine Plastics and Rubber Machine Tooling MANUFACTURINGCORPORATE HEADQUARTERSRESEARCH & DEVELOPMENT 211166 212167 213168 214169 215170 216171 217172 218173 RESOLUTION NO 2621 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA INDICATING THE CITY S INTENT TO LEVY ONE MILL FOR ECONOMIC DEVELOPMENT PURPOSES FOR EACH OF THE NEXT FIVE YEARS UPON APPROVAL OF A MAJORITY OF THE QUALIFIED ELECTORS OF THE MUNICIPALITY AT THE NEXT GENERAL ELECTION WHEREAS on July 28 1986 the Gallatin Development Corporation requested that a proposal for a one mill levy for each of the next five years to be used for economic development purposes be placed on the ballot for the November 1986 election and WHEREAS Section 90 5 112 M C A authorizes a governing body to levy a tax of one mill for economic development for a period not to exceed five years upon an affirmative vote of a majority of the qualified electors and WHEREAS funds derived from this levy may be used for purchasing land for industrial parks constructing buildings to house manufacturing and processing operations conducting preliminary feasibility studies promoting economic development opportunities in a particular area and other activities generally associated with economic development and WHEREAS funds may not be used to directly assist an industry s operations by loan or grant or to pay the salary or salary supplements of government employees and WHEREAS the governing body of the City may use the funds derived from this levy to contract with local development companies and other associations or organizations capable of implementing the economic function NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA Section 1 That the one mill levy as stated herein shall be placed before the qualified electors of the City of Bozeman at the general election to be held on Tuesday November 4 1986 219174 I and the wording of the proposal shall be substantially as follows FOR Authorizing the City of Bozeman to make a levy of one 1 mill per year for each of the next five 5 fiscal years for the purpose of raising money to fund local economic development activities AGAINST Authorizing the City of Bozeman to make a levy of one 1 mill per year for each of the next five 5 fiscal years for the purpose of raising money to fund local economic development activities Section 2 That any revenue derived from the special one mill levy election as provided herein will be used for the purposes authorized by the state law PASSED AND ADOPTED by the City Commission of the City of Bozeman Montana at a regular session held thereof on the 11th day of August 1986 tA Jj yr YLvLZ May r ATTEST Jt J 7j I itiJ c6 iLit yC1 Clerk of the City Commission 2 220175 1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders Steve Worthington SUBJECT: Commission Resolution 4433 implementing the impact fee payment deferral provisions of Ordinance 1853 as directed by the City Commission. MEETING DATE: April 1, 2013. AGENDA ITEM TYPE: Action. RECOMMENDATION: Adopt Resolution 4433 with specific options for edits as selected by the City Commission. SUGGESTED MOTION: Having received and considered the draft resolution and having heard and considered public comment I move to approve resolution 4433 {note any specific additions or deletions to the draft text as needed}. BACKGROUND: The Bozeman Municipal Code contains Chapter 2, Article 6, Division 9, Impact Fees which is the local enabling legislation for the City’s impact fee program. This division of the Municipal Code sets the general parameters for the impact fee program. Implementation of the program is then executed by adopted Commission resolutions, an administrative procedures manual, general practices and standards of the City, and daily administrative actions by the staff. From time to time, changes to the code are identified which are expected to make it more functional and effective. Most recently this occurred with Ordinance 1853 which took effect on March 30, 2013. Among other changes made, Ordinance 1853 authorized and set general parameters for the opportunity to defer payment of impact fees. One of the required parameters was to have an implementing resolution to establish the details and procedures of the deferral program. The Commission gave direction to staff to prepare a deferral program only for the transportation impact fees. Resolution 4433 is proposed in response to this direction. Resolution 4433 addresses the following: A) Defining which fee is eligible, i.e. transportation. B) Sets criteria for excluding certain higher hazard for non-payment projects from program participation. C) A description and generalized timeline for participation. 120176 2 D) Requires an agreement and creation of a lien against the property as a required term of participation in the deferral program. This is a mechanism to ensure eventual payment. E) Sets terms of the payment including penalties for failure to pay when due. F) Sets a fee for participation and to assign costs for recording of documents. G) States whether interest will be required on the deferred funds or not. Staff suggests the third option as presented in the resolution where interest is only charged in a condition of default on the deferral agreement. H) Describes a variety of administrative provisions to implement the program. Commission action is only required on the text of Resolution 4433. The other attached documents are for reference only. UNRESOLVED ISSUES: The primary focus of the consideration of Resolution 4433 is to implement the transportation impact fee deferral option. Unresolved issues are: 1) Under item 3 of Section 1 – shall these five items be criteria by which a project is barred from participating in the impact fee deferral program. 2) Under item 9 of Section 1 – should there be a fixed additional cost if payment is not made in a timely way. 3) Under item 10 of Section 1 – is the application fee amount appropriate and shall the applicant pay for required recording fees. 4) Under item 11 of Section 1 – Payment of interest. Collecting interest reduces the effect of the deferred payment on the city but adds additional complexity to the administration of the program for collection and obtains modest financial return. Payment of interest could be addressed in one of three ways as described in the resolution. The Commission will need to select the preferred option and delete the other two in the motion to adopt. ALTERNATIVES: 1) Decide not to adopt Resolution 4433; 2) Delay adoption to a future time; or 3) Adopt Resolution 4433 with changes and selected elements as directed by the City Commission. FISCAL EFFECTS: The fiscal effects of this resolution are difficult to quantify with certainty. Assuming a smooth process it is estimated that there will be a commitment of an additional 1.5-2 hours of staff time to process a deferral from initial request to completion compared to a project which did not seek a deferral. An offsetting fee has been included with the draft resolution. The City will not obtain the interest typically earned on the funds for the period of the deferral but this amount will vary by project and cannot be quantified at this time. Attachments: Resolution 4433 Sample agreement Sample forms 121177 Resolution 4433 Page 1 of 6 COMMISSION RESOLUTION NO. 4433 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, IMPLEMENTING PORTIONS OF ORDINANCE 1853 BY ALLOWING FOR DEFERRAL OF PAYMENT OF TRANSPORTATION IMPACT FEES UNDER DEFINED CONDITIONS AND TERMS WHEREAS, On February 25, 2013 the Bozeman City Commission adopted Ordinance 1853 amending Chapter 2, Article 6, Division 9 BMC to allow for a deferral of payments of fees; and WHEREAS, Ordinance 1853 established certain requirements including a required resolution, data to be provided and procedures in order for any deferral of payments of fees to be implemented; and WHEREAS, the City Commission directed that an implementing resolution be prepared to allow the deferral of transportation impact fees. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the following impact fee deferral program is hereby adopted: CITY OF BOZEMAN IMPACT FEE DEFERRAL PROGRAM 1. INTRODUCTION Impact fees are typically paid at the time a building permit or connection to water and sewer systems permit is issued. The development impact fee deferral program instead allows for impact fees to be paid after issuance of a building permit but prior to the time a certificate of occupancy is issued for projects which require such a certificate. 123178 Resolution 4433 Page 2 of 6 2. The transportation impact fees are the only fees that can be deferred until a Final Certificate of Occupancy is issued by the City of Bozeman. DEVELOPMENT IMPACT FEES 3. New Residential and Non-Residential Constructions projects may be eligible to participate in the deferral program. Under this program, all deferred fees are due prior to the issuance of a Certificate of Occupancy. Only properties located within the City of Bozeman are eligible for this program. Obligor means the person or entity responsible for the payment of impact fees. A deferral will not be allowed when the Obligor has had any of the following as they are considered to be at a higher risk of non-payment of the deferred fees: WHICH PROJECTS QUALIFY FOR DEFERRAL 1. The Obligor has had a foreclosure on any properties in the past four years. 2. The Obligor has had any bankruptcy filing in the past four years. 3. The Obligor has outstanding and unsatisfied Civil Judgment(s). 4. The Obligor has unpaid taxes and fees or other unpaid amounts due to the City of Bozeman for the project which is the subject of the deferral request; or other properties within the City of Bozeman. 5. If no Certificate of Occupancy is required for the project. No deferral may be granted until all required zoning or subdivision review steps have been completed. No deferral may be granted until any required documents have been completed and if necessary recorded with the Gallatin County Clerk and recorder and evidence of recording provided to the City. 4. Process FEE DEFERRAL PROCESS Anticipated Time Frame Application for deferral submitted to the Community Development Department in conjunction with the initial Building Permit application Application is reviewed by staff. The department will notify the applicant of approval or denial. 5-10 working days Agreement and Notice of intent to lien is prepared by the City (please contact staff at least 5-7 working days prior to the anticipated date that the building permit will be issued for the project) 5-7 working days Applicant signs Agreement and records the Agreement at the Gallatin County Clerk and Recorder and provides evidence of the recording at least two working days before issuance of the building permit. 2-3 working days Building Permit issued, less deferred fees Project is built/completed varies Applicant notifies Building Division of request for final inspection and Certificate of Occupancy ((please contact Community Development staff at 10 working days 124179 Resolution 4433 Page 3 of 6 least 10 working days prior to anticipated date that the Certificate of Occupancy is desired) Payment of deferred fees – Prior to issuance of Certificate of Occupancy and preparation of Release (please contact Community Development staff 2-3 working days prior to anticipated date that the Certificate of Occupancy will be issued for the project) 2-3 working days Any agreement to defer fees shall be between the City and the record owner of the property and shall run with the land. 5. The fee amount approved for a fee deferral is based on the actual fees which are determined as part of the Building Permit review process as described in Chapter 2, Article 6, Division 9, BMC. DEVELOPMENT FEE CALCULATION 6. AFFECTED PROPERTY The affected property shall be clearly described by either a metes and bounds description or by reference to a recorded certificate of survey or plat. The affected property consisting of one or more parcels for which development impact fees have been deferred and which collectively is encumbered by the outstanding fee balance shall be subject to the Notice of Intent to Lien until all deferred fees are paid to the City. 7. LIEN CREATED The property owner shall execute an Agreement and Notice of Intent to Lien. In the event of default the City shall execute a lien against the property. Said lien is intended to guarantee the payment in full, plus accrued interest, processing fees, and the cost of collection, if applicable, of the deferred development impact fees. 8. PAYMENT DEMAND The property owner shall agree to provide payment of the deferred development impact fees prior to issuance of a certificate of occupancy, whether temporary or permanent; and prior to any physical occupancy of the building. The property owner further agrees that failure to provide such payment within said time frame shall constitute a material breach of this resolution. 9. TERM OF PAYMENT The outstanding fee balance indicated on any recorded Agreement and Notice of Intent to Lien shall be payable to the City prior to the issuance of a certificate of occupancy. Should the deferred fees not be paid when they become due and payable or should the property owner be in breach or any provisions of this agreement: (a) all remaining and unpaid impact fees shall be accelerated and become immediately due and payable; and (b) an additional One Thousand and no/100 Dollars ($1,000.00) shall be added to the unpaid balance to cover the initial administrative costs incurred in processing the fee deferral application; and (c) any additional costs required to collect unpaid deferred fees. 125180 Resolution 4433 Page 4 of 6 10. FEES The applicant shall pay an initial application fee of $50 dollars at the time the request for deferral of impact fees is submitted to the City. The applicant is responsible for payment of all fees associated with recording documents with the Gallatin County Clerk and Recorder. 11. INTEREST Interest on the deferred impact fees shall accrue from the date the building is occupied until the deferred fees and all accrued interest is paid. The rate of interest agreed to between the parties hereto shall not be less than the amount of the annual interest the City earns on its investment of pooled funds. The parties agree that the rate of interest applicable to this Agreement shall be simple interest at the rate of _____% per annum. OR No interest is charged on the deferred fee amount. OR Interest shall be charged at the rate of the annual interest the City earns on its investment of pooled funds for any deferred fees not paid when due and payable in accordance with the deferral Agreement. Interest will be retroactive to the beginning of the date of payment deferral. 12. SUBORDINATION The lien created hereunder shall not be subordinated. 13. RELEASE OF LIEN Upon full payment of all deferred impact fees and associated costs to the City and complete satisfaction of all terms and conditions by the property owner of an Agreement prepared to execute this Resolution, the City shall promptly release the lien created hereunder by executing a lien release clearly releasing the City’s interests in the property. 14. COLLECTION The City may pursue collection through all available legal and administrative means including, but shall not be limited to, judicial or non-judicial foreclosure of the recorded lien against the Affected Property and/or civil judgment against the property owner for breach of this Agreement and/or security provided hereunder. As part of the obligation secured hereby and in addition to the amount of the deferred fees stated above, there shall be included cost and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 15. ASSIGNMENT This interests in the deferral shall not be assigned or otherwise transferred to a person or entity not a party to the deferral without the express prior written consent of the City. Any person or entity seeking assignment or transfer of the deferral shall meet all the terms and conditions under this Resolution of the City Commission adopting standards for the fee deferrals. Assignment shall not be effective until proposed assignee/transferee executes an assignment and assumption agreement, in a form acceptable to the City Attorney, assuming all duties and obligations of the property owner under this resolution. Any assignment or transfer not in strict compliance with this provision shall: (a) be null and void; (b) constitute a material breach of this resolution; and 126181 Resolution 4433 Page 5 of 6 (c) cause all impact fees deferred under this Agreement to become due and immediately payable at the time of the attempted assignment or transfer. 16. INTREGRATION An agreement created under the terms of this resolution constitutes the complete, entire, exclusive, and final agreement and understanding between the parties as to the subject matter herein, superseding all negotiations, prior discussions, and preliminary agreements or contemporaneous understandings, written or oral. 17. MODIFICATIONAND AMENDMENT Any Notice or Release shall not be amended, modified, or otherwise changed unless in writing and signed. 18. SUCCESSORS AND ASSIGNS This resolution and any action taken pursuant to it shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 19. AUTHORITY TO EXECUTE A property owner or other person making application or signing a form prepare pursuant to this resolution warrants and represents that they have the authority to execute an Agreement on behalf of their entity and have the authority to bind their party to the performance of its obligations hereunder. False representation shall constitute perjury or false swearing. 20. APPEALS Appeals of actions taken under this Resolution shall follow the procedures of Section 2.06.1700.I, BMC. 21. ADMINISTRATION This program shall be administered by the Community Development Department who shall be aided by other City departments as may be necessary. SEVERABILITY Section 2 If any portion of this Resolution is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Resolution shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 2013. 127182 Resolution 4433 Page 6 of 6 ___________________________________ SEAN A BECKER Mayor ATTEST: ________________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 128183 Return to: Community Development Department 20 E. Olive Street Bozeman MT 59715 AGREEMENT FOR THE PAYMENT OF DEFERRED IMPACT FEES AND NOTICE OF INTENT TO LIEN THIS AGREEMENT is made and entered into this _______ day of ____________, 20__, by and between ____________________________________________________ hereinafter called the “Developer,” and the City of Bozeman, a Municipal Corporation of the State of Montana, hereinafter called the “City.” WHEREAS, it is the intent and purpose of the Developer to meet the requirement of Commission Resolution #4433 to allow the issuance of building permit __________________ prior to payment of transportation impact fees required by 2.06.1640 BMC on property located at ____________________________________________________________ and legally described as____________________________________________________________, City of Bozeman, Gallatin County, Montana. WHEREAS, it is the intent of the Developer to defer payment of transportation impact fees until occupancy for the construction authorized under building permit ______________; and WHEREAS, it is the intent and purpose of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required payment; and it is the intent of this Agreement, and of the parties hereto, to satisfy the requirements of the municipal code and Commission Resolution #4433. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to and includes those properties which are designated and identified as ________________ and legally described as ___________________________, City 129184 Agreement for Payment of Deferred Impact Fees and Notice of Intent to Lien Agreement for Payment of Deferred Impact Fees and Notice of Intent to Lien Page 2 of Bozeman, Gallatin County, Montana. 2. Payment of Deferred Impact Fees This Agreement specifically includes the payment of transportation impact fees calculated for building permit _______, in the amount of $numeric_____________, (written____________). Developer acknowledges that the above impact fee must be paid before the Certificate of Occupancy may be issued. Developer agrees to pay the above stated fee in accordance with this agreement and Commission Resolution #XXXX before the structure identified in the building permit referenced above is occupied. 3. Guarantee, Time for Completion of Agreement No occupancy of the structure, either temporary or permanent prior to payment of the deferred transportation impact fee and completion of this agreement. This agreement constitutes a Notice of Intent to Lien against the property in the event that the deferred impact fees are not paid. Should the fees not be paid the City may without further action lien against the property in the full amount of the deferred fees as stated above and for costs required for collection of the deferred fee. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5. Default Time is of the essence for this Agreement. If the Developer shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of thirty (30) days after written notice specifying the default is deposited in the United States mail addressed to the developer at ______________________________________________________________________________ or such other address as the Developer shall provide to the City from time to time, without being completely remedied, satisfied, and discharged, the City may elect to enforce any of the 130185 Agreement for Payment of Deferred Impact Fees and Notice of Intent to Lien Agreement for Payment of Deferred Impact Fees and Notice of Intent to Lien Page 3 following specified remedies: A) The City may, at its option, lien against the property. B) The City may enforce any other remedy provided by law. 6. Indemnification The Developer hereby expressly agrees to indemnify and hold the City harmless for and against all claims, costs and liability of every kind and nature, for injury or damage received or sustained by any person or entity in connection with, or on account of the performance of work at the development site and elsewhere pursuant to this Agreement. The Developer further agrees to aid and defend the City in the event that it is named as a defendant in an action concerning the performance of work pursuant to this Agreement except where such suit is brought by the Developer. The Developer is not an agent or employee of the City. 7. Governing Law and Venue This Agreement shall be construed under and governed by the laws of the State of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 8. Changes in Fee During Deferral Period The fees due at conclusion of the deferral period shall not change from the amount determined. In the event the amount of fees either decreases or increase no change in the amount of fees due will be made unless the project constructs less demand generating improvements than originally depicted on the building permit for the work. 9. Attorney’s Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, to include the salary and costs of in-house counsel including City Attorney. 10. Modifications or Alterations No modifications or amendment of this Agreement shall be valid, unless agreed to in writing by the parties hereto. 131186 Agreement for Payment of Deferred Impact Fees and Notice of Intent to Lien Agreement for Payment of Deferred Impact Fees and Notice of Intent to Lien Page 4 11. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 12. No Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part, without prior written consent of the City. 13. Successors Except as provided in paragraph 10, this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. 132187 Agreement for Payment of Deferred Impact Fees and Notice of Intent to Lien Agreement for Payment of Deferred Impact Fees and Notice of Intent to Lien Page 5 CORPORATION ________________________ On behalf of MT Stewards, LLC STATE OF MONTANA ) )ss. County of Gallatin ) On this ________ day of ____________________, 2013, before me, the undersigned, a Notary Public for the State of , personally appeared , known to me to be the of _____________________ the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) ___________________________________ Notary Public for the State of Montana Residing at Bozeman My Commission Expires _______________ 133188 Agreement for Payment of Deferred Impact Fees and Notice of Intent to Lien Agreement for Payment of Deferred Impact Fees and Notice of Intent to Lien Page 6 THE CITY OF BOZEMAN _______________________________ Steve Worthington Community Development Director. STATE OF MONTANA ) )ss. County of GALLATIN ) On this day of , 2013, before me, a Notary Public for the State of Montana, personally appeared Steve Worthington, known to me to be the person described in and who executed the foregoing instrument as Community Development Director of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that she executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ________________________________________ ________________________________________ (SEAL) Notary Public for the State of Montana Residing at _______________________________ My Commission Expires:____________________ (Use four digits for expiration year) 134189 DRAFT Community Development Department 20 E Olive Street • PO Box 1230 Bozeman, MT 59771-1230 Phone: (406) 582-2260 • Fax: (406) 582-2263 City of Bozeman Impact Fee Deferral Program Forms 135190 Page 1 Name of Applicant:______________________________________________________________ Property Owner Name: __________________________________________________________ Property Owner Address: _________________________________________________________ Phone Number:_________________________________________________________________ Project Name:__________________________________________________________________ Property Address: ______________________________________________________________ The undersigned property owner seeks a fee deferral for the above referenced project and proposes to enter into an Impact Fee Deferral Agreement to be recorded against the affected property as an: Initial Agreement and Notice of Intent to Lien The Applicant acknowledges the following: (please review and initial) Initial The property owner has reviewed the fee deferral provisions for the City of Bozeman and understands the deferral times periods, those fees which are due and payable at the time the building permit is issued and those fees which may be deferred and costs which may be incurred by deferring fees. Initial The property owner has not had a foreclosure on any properties in the past four years. Initial The property owner has not had any bankruptcy filing in the past four years. Initial The property owner has no outstanding and unsatisfied Civil Judgment. Community Development Department 20 E Olive Street • PO Box 1230 Bozeman, MT 59771-1230 Phone: (406) 582-2260 • Fax: (406) 582-2263 APPLICATION FOR DEFERRAL OF DEVELOPMENT IMPACT FEES 136191 Page 2 Initial No taxes or other governmental fees due on this property or other properties owned by the same property owner are late or unpaid. Initial All zoning or subdivision review steps for this site have been completed. I declare under the penalty of perjury under the laws of the State of Montana that the foregoing is true and correct. Dated:___________________ _______________________________ Property Owner’s Signature _______________________________ Print Name _______________________________ Title _______________________________ Company 137192 Page 1 Name of Applicant: ____________________________________Phone No._________________ Property Owner: ______________________________________Phone No._________________ Project Name: __________________________________________________________________ Address: ______________________________________________________________________ Upon review and consideration of the Application for Deferral of Development Impact Fees, the following transportation impact fees are eligible for deferral under the City of Bozeman Development Impact Fee program. Deferred Transportation Impact Fees $_______________________ Deferred impact fees are subject to the provision of the City of Bozeman Development Impact Fee Deferral Program terms and conditions. The Fee Deferral Agreement shall be executed by the Applicant. Date: ___________________ ______________________________________ Name ______________________________________ Title City of Bozeman Department of Planning and Community Development 20 E Olive Street • PO Box 1230 Bozeman, MT 59771-1230 Phone: (406) 582-2260 • Fax: (406) 582-2263 ADMINISTRATIVE APPROVAL FOR DEFERRAL OF DEVELOPMENT IMPACT FEES 138193 Page 1 Name of Applicant: ______________________________________Phone No._______________ Property Owner: ________________________________________Phone No._______________ Project Name: __________________________________________________________________ Address: ______________________________________________________________________ Building Permit Number: _________________________________________________________ Upon review and consideration of the Application for Deferral of Development Impact Fees, it is determined that the Application should be denied and it is hereby denied due to the Applicant not meeting the following Eligibility Criteria established pursuant to the City of Galt Fee Deferral Agreement: □ The property owner has had one or more of its properties foreclosed within the past four years. □ The property owner has filed for bankruptcy protection within the past four years. □ The property owner has an outstanding Civil Judgment. [HOW DO WE VERIFY] □ Taxes or fees are unpaid for this property or other properties owned by the same owner WITHIN GALLATIN COUNTY. □ Other: __________________________________________________________________ □ Other: __________________________________________________________________ Dated: ___________________ ___________________________________ Name Community Development Department 20 E Olive Street • PO Box 1230 Bozeman, MT 59771-1230 Phone: (406) 582-2260 • Fax: (406) 582-2263 ADMINISTRATIVE DENIAL FOR DEFERRAL OF DEVELOPMENT IMPACT FEES 139194 Page 2 ___________________________________ Title City of Bozeman 140195 Page 1 WHEN RECORDED MAIL TO: City of Bozeman Community Development Department PO Box 1230 Bozeman, MT 59771 (Space above for Recorder’s Use) RELEASE OF NOTICE OF AGREEMENT AND INTENT TO LIEN UPON REAL PROPERTY WHEREAS, on __________________, _______ an Agreement and Notice of Intent to Lien to Secure Payment of Deferred Development Impact Fees was recorded as Document No. _______________, with the Gallatin County Clerk and Recorder; and, WHEREAS, Grantor has satisfied the conditions for the release of lien encumbering certain parcels under said Agreement. NOW THEREFORE, the Grantee hereby releases all of its right, title, and interest to the lien in the real property described as: __________________________________________________. DATED this day of ____________________, 20____. THE CITY OF BOZEMAN Name ____________________________________ Title 141196 Page 2 STATE OF MONTANA ) :ss County of Gallatin ) On this ______ day of ______________, 20____, before me, a Notary Public for the State of Montana, personally appeared _______________, known to me to be the person described in and who executed the foregoing instrument as __________________________________________ of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. (Signature above) (Seal) (Printed Name above) Notary Public for State of Montana Residing at: Commission Expires: (Use 4 digits for expiration year) 142197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 I.FY 14 Proposed Budget for Economic Development Operations; and II.FY 14 Proposed Budget for Expansion of Economic Development Resources, Programs and Activities Economic Development FY 2014 Proposed Budget 229 Economic Development FY 14 Proposed Budget for Economic Development Operations FY 12 Operational Budget $48,135 Operations $125,600 (approximate value of one and one half mills) – Gallatin College FY 13 Proposed Operational Budget $61,000 Operations ($12,865 increase from FY 12) $125,600 – Gallatin College (will the Commission approve additional funding in FY14? Where will it come from? GF or Millage Increase?) 230 In FY13 we…. Continued implementation of the adopted ED plan; Conducted some community outreach; Hosted an ED Summit; Assisted with implementation of “business friendly processes”; Completed the North Park concept land use plan; Supported cluster development; Created the South Bozeman Technology District; Facilitated the development of a downtown hotel; Assisted with the restructuring of the Community Development Dept.; Raised the issue of impact fees and economic development; Explored an EDIFM Program; Lead the EDT; and Served as EDC liaison. 231 In FY 14 we want to ….. Expand and increase ED outreach, activities and programs; Continue to improve town/gown relationships, especially with the business college; Assist with hiring a Community Development Director and implement the structural changes proposed for the CD Dept; Actively participate in the BEAR program; Expand and improve outreach to local, state and national business communities; Attend and collaborate with local businesses on industry specific trade shows and events to promote Bozeman as a place to do business, i.e. OIA Show; Take advantage of professional development opportunities; Participate in local industry conferences, i.e. Optec; Assume responsibility of proactively managing at least two of the City’s TIF districts (Industrial and Technology); Explore creation of a development authority/entity; Facilitate development at the MSU Innovation Campus; Facilitate development at the North Park; Facilitate development of a downtown hotel; Foreign Trade Zone; North Park TIF; Improve broadband connectivity (broadband steering committee); Improve and expand cluster development, especially optics and the outdoor industry; Hire an ED specialist to assist with implementation the ED plan; Work more deliberately with the EDC; and Explore the implementation of an ED incentive program. 232 FY 13 Costs - Where did the $48,135 go? BUDGETED AND SPENT $17,200 North Park Concept Land Use Plan and components (EA Ph 1, Signage, Economic Impact Analysis, LMI Report, etc); $1, 000 on Montana Site Selector fees and promotional materials and GBRN promotional materials; $1,000 on office furniture; $700 on iPad and accessories; and $500 on travel/training and misc. operational expenses. BUDGETED AND UNSPENT $15,000 identified for intern, outreach and events; $8,200 travel and training; and $4,500 contracted services. 233 Economic Development FY 14 Proposed Budget for Economic Development Operations Increases in the 2014 Economic Development operating budget are due to a stated desire by the City Commission to increase resources, activities and programs. A $12, 865 increase in the FY 14 operational budget accounts for improving and expanding ongoing projects, i.e. Montana Site Selector, Gallatin Business Resource Network, as well as increased presence at industry specific trade shows, i.e. OIA and OpticsWest, increased participation in local industry shows and conferences, and increased education and outreach and hosting and/or sponsoring more ED events. Additionally, the proposed increases include general resources and professional training and development for staff working in the area of Economic Development. These proposed increases assume a new FTE to administer and expand existing projects and programs and take advantage of increased training opportunities. 234 Economic Development FY 14 Proposed Budget for Expansion of Economic Development Resources, Programs and Activities The proposed expansion of the 2014 Economic Development resources, activities and programs are is in response to a stated desire by the City Commission to increase overall economic development activities at the City of Bozeman. Any expansion or increase in activities is predicated on approval for adding an FTE to the ED Department. There are five areas of proposed expansion: Additional FTE, i.e., an Economic Development Specialist with a pay rate of approximately $50,000. At this pay scale benefits are approximately $17,569.20 for a total cost of approximately $67,569.20; An additional $15,000 to expand cluster development activities (esp. in photonics/optics and the outdoor industry but also includes bioscience, manufacturing, high-tech and healthcare; An additional $60,000 to continue the North Park project; An additional $50,000 to create an ED incentive program, i.e. economic development impact fee mitigation program (EDIFM); and FY 14 Funding for Gallatin College at $125,600 (?). The costs for the proposed expansions, not including operational costs, totals $318,169.20. 235 Economic Development FY 14 Proposed Budget for Expansion of Economic Development Resources, Programs and Activities Proposed FY14 Budget Proposed Operational Costs (GF?): $61,000 Proposed expanded ED resources activities and programs(GF or raise millage rate?): Cluster Development $15,000 North Park Development $60,000 FTE (ED Specialist) $67,569.20 Incentives $50,000 Gallatin College (?) $125,600 Total FY14 Budget Request $379,169.20* FY 14 Budget less the GF request for operations $318,169.20 *4 Mills = $344,904 or $14.84 per property owner/yr 236 Economic Development FY 14 Proposed Budget for Expansion of Economic Development Resources, Programs and Activities Proposed FY14 Budget w/o funding for Gallatin College Proposed Operational Costs (GF?): $61,000 Proposed expanded ED resources activities and programs(GF or raise millage rate?): Cluster Development $15,000 North Park Development $60,000 FTE (ED Specialist) $67,569.20 Incentives $50,000 Total FY14 Budget Request $253,569.20 FY 14 Budget less the GF request for operations $192,569.20* 2 Mills = $172, 452 or $7.42 per property owner/yr 3 Mills = $258,678 or $11.13 per property owner/yr 237 FY 14 Economic Development Budget Proposed Funding Sources •Continue to fund ongoing ED operations in the proposed amount of $61,000 from the General Fund; AND •Increase the number of Mills currently levied by 1, 2, 3 or 4 additional mills for economic development, from 166.75 mills to 170.75 mills, the value of 4 mills is $332,904. With an increase of 4 mills for economic development, the City would be 25.87 mills below the statutory limit of 196.62 mills. •The value of one mill is $86,226; •In 2012, City residents living in the median residential home paid approximately $3.71 for each mill levied. The same home would expect the following yearly increase if additional revenue was raised through mills to fund economic development: •4 Mills = $344,904 or $14.84 per property owner/yr •3 Mills = $258,678 or $11.13 per property owner/yr •2 Mills = $172, 452 or $7.42 per property owner/yr •1 Mill = $ 86,226 or $3.71 per property owner/yr 238 City Commission’s Economic Development Objectives Facilitate job creation and encourage economic diversity; AND Strive to position Bozeman as the “Most business friendly community in the state of Montana”. 239 Economic development goals from the 2009 Economic Development Plan 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; Maintain and upgrade infrastructure to support current and future needs of business; Support education and workforce development initiatives to provide Bozeman with the qualified workers to meet the needs of business; Leverage local, state and federal economic development resources to enhance economic growth in Bozeman; 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; and Maintain the high quality of life that is considered an important asset to the business community. 240 Economic Development Council’s Priorities and Recommendations Ongoing financial commitment to Economic Development; Commitment to a business-friendly process with a focus on retention and expansion of existing local businesses; Stabilize existing local incubators and create a full service business incubator program to achieve a healthy business ecosystem; Core Services and Infrastructure; Identification and Establishment of Business Incentives; and Workforce Development. 241 Why should we continue to invest in economic development in the City of Bozeman? in·vest - /inˈvest/ To devote one's time, effort, energy and/or money to a particular undertaking while creating expectations of worthwhile results. Local economic development activities build, and rebuild, strong community relationships and create trusting, long-term community partnerships; Economic development is intrinsic to long term sustainable development; A strong economy benefits the entire community; By investing public dollars in economic development, we invest in the future of our community. We must develop and share a long term vision, commitment and promise in building a prosperous and diverse local and regional economy; Local economic development strategies, while no panacea, are a valid complement to traditional top-down [Federal] strategies in order to deliver sustainable development and in many cases may deliver greater economic efficiency by mobilizing local and regional resources that otherwise may have remained untapped; Local economic development offers a benefit that is quite valuable to local residents: more and better job opportunities in their home community; The cost and quality of life for every household is directly dependent on local economic conditions; Business investment has many locational alternatives: We must play to our local strengths and leverage partnerships; Business activity creates the revenues to fund local services; and Economic development is everyone's business. 242 243 244 245 246 247 248 249 250 What is most important, right now? 2013 – 2014 Priorities 1. Diversify the local economy and support the creation and expansion of mid to high paying jobs. (Fontenot/Kukulski) (ED-01) 2. Implement the 2012 parks & trails bond to expand the capacity of our parks, trails and open spaces. (Overton/Rosenberry/Sullivan) (PR-02) (Mayor: 1) 3. Implement reform of the community development system with an enhanced focus on customer service. (Worthington/Woolard) (CM-01) 4. Enhance Downtown Development Opportunities  Collaborate with the Downtown Partnership, Montana Department of Transportation and Transportation Coordinating Committee to improve transportation downtown.  Facilitate development of a downtown hotel as identified in the downtown development plan. 5. Complete the Integrated Water Resource Plan and develop solutions to achieve long term water sustainability (Woolard/Sullivan) (PW-01) 6. Implement financial plans and asset management systems to properly maintain and replace the city’s infrastructure and facilities (Rosenberry/Woolard) (PW-02) 7. Complete design of the police station & municipal court and educate the public on the necessity for, and passage of, a bond measure (Winn/Price) (PD-01) 8. Assist Gallatin College and secure regional funding. (City Commission) 9. Continue implementation of the Climate Action Plans (City Commission/Winn) (CM-04) 10. Determine the future of Bogert Pool and next steps for aquatics & Recreation (Overton/Kukulski) (PR-01) 11. Consider a Demolition by Neglect ordinance 12. Develop a permanent plan for the Story Mansion 251 Downtown Bozeman Partnership DOWNTOWN TAX INCREMENT FINANCE DISTRICT 222 East Main Street #302—Bozeman MT 59715—p 406-586-4008—www.downtownbozeman.org Downtown Technical Assistance Program Information & Grant Application Fiscal Year 2012 v2.0 (July 1, 2011 through June 30, 2012) 252 Downtown Technical Assistance Program Application Page 1 Purpose: To support current or potential developers, property owners, and tenants with technical assistance during the preliminary phases of possible redevelopment projects in the Tax Increment Finance (TIF) District of downtown Bozeman. This program facilitates navigating code requirements, preparing for the planning application and approval process, and evaluating historic preservation considerations. Grant monies are available to developers, owners and tenants to further stimulate investment in downtown Bozeman, while encouraging a higher level of quality and design in the downtown environment. Technical Assistance Program projects must support the goals and objectives of the 2009 Downtown Improvement Plan, a comprehensive, community-oriented guide for the development of downtown Bozeman. Copies of the Downtown Improvement Plan are available from the Downtown Bozeman Partnership. Applicants are reminded that grant awards made by the Downtown Bozeman Tax Increment Finance (TIF) Board are discretionary in nature and should not be considered an entitlement by the applicant. All grant criteria are guidelines for awards and successful applicants may receive any amount up to the maximum award. Should an application meet all grant criteria, a grant may or may not be awarded at the TIF Board’s discretion due to funding limitations, competing applications, and/or competing priorities of the TIF Board. Authority: The 1995 Downtown Urban Renewal Plan establishes that urban renewal objectives and continued commercial development “shall be accomplished by incentives whenever possible”. Montana Code Annotated authorizes the Downtown TIF to fund such grants: 7-15-4209 Development of workable urban renewal program (1) A municipality, for the purposes of this part and part 43, 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; (2) Such workable program may include, without limitation, provision for: (b) the rehabilitation of blighted areas or portions thereof by replanning, 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; (c) the clearance and redevelopment of blighted areas or portions thereof. 7-15-4233 Urban Renewal Project Powers (m) to prepare plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements; and (n) to conduct appraisals, title searches, surveys, studies, and other preliminary plans and work necessary for the undertaking of urban renewal projects.” 7-15-4288. Costs that may be paid by tax increment financing. 253 Downtown Technical Assistance Program Application Page 2 The tax increments may be used by the municipality to pay the following costs of or incurred in connection with an urban renewal project (5) costs incurred in connection with the redevelopment activities allowed in 7-15-4233 Disclaimer: Neither the Downtown Bozeman Partnership, nor the Downtown TIF Board, nor its affiliates shall be responsible for the planning, design, or construction proposed by any work conducted as part of the Downtown Technical Assistance Program. No warranties or guarantees are expressed or implied by the description of, application for, award of or participation in the Downtown Technical Assistance Program. The applicant is advised to consult with the City of Bozeman, licensed architects, engineers, or building contractors before proceeding with final plans or construction. Time Frame: Grants will be available through June 30, 2012 or until funding is depleted. The Program will be re-evaluated annually and considered for future funding. Applying: Applicants are advised to submit a complete application and all supporting materials per the instructions in this packet. Incomplete applications will not be reviewed. Funding: The TIF Board will hold $125,000.00 in reserve to fund this program. Individual grant award amounts are discussed below. Project Eligibility: In order to be considered for a grant awards, proposed projects must meet the following criteria: 1. The project property must be located with in the downtown Bozeman Tax Increment Finance (TIF) District. A detailed map of the district can be found at http://www.bozeman.net/Smarty/files/ec/ec3ba299-bb54-4bff-b298-0ac76c51dff8.pdf 2. The project must be consistent with the following City of Bozeman planning documents:  2009 Downtown Improvement Plan http://www.downtownbozeman.org/downtown-improvement-plan.html  Bozeman Community Plan http://www.bozeman.net/Departments-%281%29/Planning/Plans-and-Planning.aspx  Downtown Design Guidelines and Standards http://www.bozeman.net/Smarty/files/6d/6d64b4df-428c-4cf4-abe2-4abf112a3736.pdf 3. The Applicant must be the owner of the project property. If not, the Applicant must complete the program’s Letter of Acknowledgement thus providing the approval of the property owner to proceed. 4. All work shall be preliminary in scope. Construction work is not eligible for Technical Assistance funds. 254 Downtown Technical Assistance Program Application Page 3 Please note that changes to the FY2012 program are indicated in blue font below. There are two grant programs currently available for technical assistance. 1. Façade Assistance Projects: Façade Assistance Grants may be applied, but not limited to, the following services:  Façade improvement planning  Preliminary cost estimates  UDO and building code analysis  Historical inventory and research  Landscape or hardscape design  Greenspace, courtyard, plaza design The Façade Assistance grant will provide partial financial reimbursement for professional architectural, design, or engineering assistance. The Façade Assistance grant will fund up to 50% of the total professional service costs of the awarded project not to exceed a grant total of $3000. Please notice this is a new requirement of the program. 2. Planning Assistance Projects: Planning Assistance Grants may be applied, but not limited to, the following services:  Development feasibility study  Preliminary development review  Building condition assessment  Renovation or reuse studies  Historical inventory and research  Parking requirement assessment  Preliminary cost estimates  UDO and building code analysis  Scenario planning and phasing The Planning Assistance grant will provide partial financial reimbursement for professional architectural, design, or engineering assistance for feasibility studies and/or preliminary design assistance. The Planning Assistance grant will fund up to 50% of the total professional service costs of the awarded project not to exceed a grant total of $7500. Please notice this is a new requirement of the program. The final grant amount will be calculated upon completion of the project and with the submittal of the financial documentation as required by the Certificate of Completion. Each project or property is limited to receiving a maximum of two awards in a given fiscal year. Please notice this is a new requirement of the program. 255 Downtown Technical Assistance Program Application Page 4 Review Process: Application forms are available by request from the Downtown Bozeman Partnership. Applications will be reviewed by Downtown Bozeman Partnership staff under the supervision of the TIF Board. The Partnership will review applications on a first come, first served basis for the duration of funding availability. Projects that are recommended for approval will be submitted to the TIF Board for final approval. The decisions made by the Partnership staff and TIF Board are final. Award recipients will receive a Letter of Award confirming the grant award and any conditions deemed necessary by the Partnership for receipt of the award. The receipt and completion of a Technical Assistance grant does not obligate the applicant to continue with the project. Technical Library: Upon completion, printed and digital copies of all research, studies, and findings will be provided to the Downtown Partnership to be included in the Technical Assistance Library. The specifics of this requirement are outlined in the Certificate of Completion. The materials in the Technical Assistance Library will be available to the public upon request. Pending projects will remain confidential until the applicant submits plans to the City of Bozeman Planning Department or 180 days, which ever occurs first. If the applicant of an assistance grant sells the property, then the technical assistance library materials become public upon the transfer of ownership. Please notice this is a new requirement of the program. Release of Funds: The Downtown Technical Assistance Program is reimbursement program. No funds will be disbursed until all the completion criteria have been satisfactorily met. At the end of the project, the recipient will submit a Certificate of Completion and required supporting documentation to the Downtown Partnership office which must include an itemized invoice for the hours worked by the professional firm(s). Payment will be made directly to the recipient for the allowable match amount. Payment will not exceed the maximum award amount. Submit Application Materials to: Chris Naumann Downtown Bozeman Partnership 222 East Main Street #302 Bozeman MT 59715 Phone: 406-586-4008 E-mail: chris@downtownbozeman.org 256 Downtown Technical Assistance Program Application Page 5 DOWNTOWN TECHNICAL ASSISTANCE APPLICATION Application Date Name of applicant Applicant Company Mailing address City, State, Zip Phone Email Name of Professional Professional Company Mailing address City, State, Zip Phone Email Project Building Name Physical Address: Current Tenants: Does the applicant own the project property? Yes No If “No”, is the project property currently for sale? Yes No NOTE: If applicant does not own the project property, then a Letter of Project Acknowledgement must be completed by the applicant and current property owner. Type of project (please check one): Façade Assistance Planning Assistance Provide the following information on an additional sheet(s): 1 Describe the proposed project. What type(s) of development and/or physical improvements are being considered for the project property? 2 What type of Technical Assistance are you seeking? Please explain what type(s) of analysis will be conducted with the Technical Assistance funding. 3 Identify how your project supports the Downtown Improvement Plan. 4 Provide a timeline indicating estimated dates for beginning technical evaluation; completing technical evaluation; beginning the development project; and completing the development project. 5 Estimate of the anticipated total professional services costs in order for the matching grant amount to be estimated. *** CONTINUED ON NEXT PAGE *** 257 Downtown Technical Assistance Program Application Page 6 Signatures Applicant Signature Professional Signature Print Applicant’s Name Print Professional’s Name For Office Use Only Date Application Received: Date Award Approved: Date Grant Project Completed: Date Professional Firm Paid: 258 259 260 261 262