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Commission Memorandum
REPORT TO: Honorable Mayor and City Commissioners
FROM: Rick Hixson, City Engineer SUBJECT: Resolution 4740 Creating a Payback District for Graf Street From South 15th Avenue to MacNab Street
AGENDA ITEM TYPE: Action MEETING DATE: July 24, 2017
RECOMMENDATION: Adopt Resolution 4740 Creating a Payback District for Graf Street From South 15th Avenue to MacNab Street. BACKGROUND: In cooperation with the Gilhousen Property Trust (GPT), the city recently
constructed Graf Street, a collector level street, between South 19th Avenue and MacNab Street. The portion between South 19th and South 15th has been fully paid for, GPT contributing their local share and the city contributing impact fees for the capacity expanding portion. The section between South 15th and MacNab Street is adjacent to currently undeveloped land within the city limits. The owner of this property was contacted prior to the project and asked if they would be
willing to pay for their local share at this time. They declined to do so. The city, therefore, paid for this section entirely with its own funds, that is, both the local share and the capacity expanding or impact fee eligible portion. The purpose of Resolution 4740 is to create a Payback District to repay that local share to the City prior to any development on the property in the District. The Resolution specifies the reimbursement must be made to the City prior to the filing
of a final plat for any subdivision of land in the District, or prior to approval of any site plan on any land within the District. The payback amount is based on lineal frontage and uses the Engineering News Record Construction Cost Index to account for the annual increase in value of the work. The District will remain in effect for 20 years or until the local share cost for that portion of Graf Street has been recovered, whichever comes first.
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UNRESOLVED ISSUES: None.
FISCAL EFFECTS: It is anticipated that the city will recover $780,092.44 from the adjacent
property owners to replenish the amount furnished by the City. The district is will be retired once all of the funds contributed have been recovered or 20 years from the date of creation, whichever comes first.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution 4740 Exhibit A, District Map Exhibit B, Listing of the Properties in the District Exhibit C, Cost of the Work and Basis for the Payback Rate
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Page 1 of 4
COMMISSION RESOLUTION NO. 4740
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CREATING A PAYBACK DISTRICT REQUIRING CERTAIN PROPERTIES
TO REIMBURSE THE CITY FOR CERTAIN COSTS ASSOCIATED WITH THE
CONSTRUCTION OF GRAF STREET BETWEEN SOUTH 15th AVENUE AND MACNAB
STREET
WHEREAS, the City of Bozeman did construct Graf Street, a designated
collector, between South 15th Avenue and MacNab Street; and
WHEREAS, Graf Street between South 15th Avenue and MacNab Street abuts
undeveloped property within the city limits of Bozeman which will benefit from Graf Street as future
development of these undeveloped properties must demonstrate compliance with the City’s adopted
growth policy and transportation plans which call for the existence of Graf Street through the
property; and
WHEREAS, while the City paid all of the costs to construct Graf Street to a full collector
standard, the costs equivalent to constructing Graf Street to a local street will be of special benefit to
the properties of this district once they seek to develop. The costs equivalent to constructing Graf
Street to a local street, plus interest accrued since the installation of Graf Street, shall be reimbursed
to the City at the time of future development.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that a payback district be created for Graf Street between South 15th Avenue
and MacNab Street.
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Resolution No. 4740, Creation of a Payback District for Graf Street Between South 15th Avenue and MacNab Street
Page 2 of 4
Section 1
Recitals Incorporated. The Commission hereby incorporates the above recitals as findings for
creation of the District.
Section 2
Creation/Boundaries of District. The Graf Street Payback District (the "District") is hereby
created. The limits and boundaries of the District are depicted on a map attached as Exhibit A,
(which is hereby incorporated herein and made a part hereof). A listing of each of the properties in
the District is shown on Exhibit B (which is hereby incorporated herein and made a part hereof). The
cost of the work performed which is used in the calculation of the cost per lineal foot of frontage is
contained in Exhibit C, (which is hereby incorporated herein and made a part hereof).
Section 3
Notice of Payback Costs/Timing of Payback. Current owners of the benefitted properties
included on Exhibit B are hereby noticed that City may, at the time of preliminary plat or site plan,
impose a condition of approval requiring the current owner or developer of the benefitted properties
to reimburse the City for the local share component of the costs of constructing Graf Street as
financed by the City and as described herein including accrued interest. The condition may require
such payment to be made prior to the filing of a final plat for any subdivision of land in the District
or prior to approval of a site plan on any land within the District. In doing so, the City will calculate
the amount of the local share of the costs of constructing Graf Street within the District that may be
required to be paid back to the City at the rate of $199.00 per linear foot of frontage, plus interest
costs. The rate to be used in calculating the interest costs shall be the Engineering News Record
Construction Cost Index Ratio at the time of the filing. The amount calculated must be paid to the
city prior to the filing of the plat.
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Resolution No. 4740, Creation of a Payback District for Graf Street Between South 15th Avenue and MacNab Street
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Section 4
Deposit of Payback Monies. All monies paid to the City under this payback district shall be
deposited in the City's Street Impact Fee Fund.
Section 5
Term of Payback District. The payback district shall be created immediately upon adoption
of this resolution and shall remain in effect for a period of 20 years from said creation or until the
local share cost for that portion of Graf Street has been recovered, whichever comes first.
Section 6
Recording. The City Clerk is instructed to record this Resolution in the records of the
Gallatin County Clerk and Recorder.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 24th day of July, 2017.
______________________________________
CARSON TAYLOR
Mayor
ATTEST:
________________________________________
ROBIN CROUGH
City Clerk
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Resolution No. 4740, Creation of a Payback District for Graf Street Between South 15th Avenue and MacNab Street
Page 4 of 4
APPROVED AS TO FORM:
______________________________________
GREG SULLIVAN
City Attorney
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Exhibit BGraf Street Roadway - Pay Back DistrictProperty within District SummaryParcel Owner Address1 Lot 1 Blk 2 - Allison Sub PH 3A Bon Ton Inc of Blgs PO Box 906 Billings MT 597712 C.O.S. 252 Bon Ton Inc of Blgs PO Box 906 Billings MT 597713 C.O.S.792 Bon Ton Inc of Blgs PO Box 906 Billings MT 59771Graf Street Roadway Pay Back DistrictProperty SummaryPage 1167
Exhibit CGraf Street Roadway - Pay Back DistrictConstruction Cost Summary - 35' Wide Street Section48' wide Street Section 35' Wide Street SectionITEMFull Construction Cost 1,960 lf. 60' wide ROWNo. ITEM DESCRIPTION Quantity Unit Unit Price Sub TotalQuantity Sub TotalGeneral10 Mobilization 1 LS $50,250.00 $50,250.00 $28,325.98 $28,325.9811 Insurance (Per City of Bozeman Standards) 1 LS $25,000.00 $25,000.00 $14,092.53 $14,092.5312 Performance & Payment Bonds (Per City of Bozeman Standards) 1 LS $34,000.00 $34,000.00 $19,165.84 $19,165.8413 Construction Staking 1 EA $36,250.00 $36,250.00 $20,434.16 $20,434.1614 Traffic Control 1 LS $5,500.00 $5,500.00 $3,100.36 $3,100.3615 Miscellaneous Work 1 LS $50,000.00 $50,000.00 $28,185.05 $28,185.0516 Prepare & Procure SWPPP 1 LS $5,000.00 $5,000.00 $2,818.51 $2,818.5117 Erosion Control/BMPs 1 LS $7,500.00 $7,500.00 $4,227.76 $4,227.7618 Dewatering 1 LS $8,650.00 $8,650.00 $4,876.01 $4,876.01Subtotal $222,150.00 $125,226.18GfS E iGraf Street Extension20 Clear and Grub - Dispose off site 253,700 SF $0.06 $15,222.00 117,600 $7,056.0021 Sterilant 13,210 SY $0.25 $3,302.50 7,625 $1,906.2522 Sawcut Asphalt Concrete 44 LF $5.00 $220.00 31 $155.0023 Dispose Asphalt Concrete 44 SF $5.00 $220.00 31 $155.0024 Sawcut Concrete Curb 4 LF $50.00 $200.00 4 $200.0025 Dispose Concrete Curb 4 LF $50.00 $200.00 4 $200.0026 Excavation and Embankment 970 CY $7.00 $6,790.00 708 $4,956.7027 Excavation and Stockpile Onsite For Future Placement 4,840 CY $2.75 $13,310.00 3,533 $9,716.3028 Embankment Placed from On-site Stockpile 4,840 CY $2.75 $13,310.00 3,533 $9,716.3029 Imported Non-structural Embankment 2,000 CY $7.85 $15,700.00 1,460 $11,461.0030 Subgrade Replacement - Excavation, Fabric & Pit Run 500 CY $25.00 $12,500.00 0 $0.0031 Tensar TX-190 Geogrid 200 SY $5.15 $1,030.00 146 $751.9032 Woven Geotextile (Mirafi 500X or approved equal) 13,200 SY $0.95 $12,540.00 9,636 $9,154.20Graf Street Roadway Pay Back DistrictConstruction Cost EstimatePage 1168
Exhibit CGraf Street Roadway - Pay Back DistrictConstruction Cost Summary - 35' Wide Street Section48' wide Street Section 35' Wide Street SectionITEMFull Construction Cost 1,960 lf. 60' wide ROWNo. ITEM DESCRIPTION Quantity Unit Unit Price Sub TotalQuantity Sub Total33 6" Minus Uncrushed Pit Run (18" thick) 6,925 CY $14.00 $96,950.00 4,029 $56,406.0034 1-1/2" Minus Crushed Road Base Course (6" depth) 2,310 CY $22.75 $52,552.50 1,343 $30,553.2535 Asphalt Concrete (4" thick - 2 lifts) 91,050 SF $1.70 $154,785.00 $0.0036 Asphalt Concrete (3" thick) 4,150 SF $1.60 $6,640.00 60,760 $97,216.0037 Curb and Gutter 4,055 LF $14.25 $57,783.75 3,920 $55,860.0038 Concrete Sidewalk (10' wide, 6" thick) with Base 20,835 SF $6.00 $125,010.00 0 $0.0039 Concrete Sidewalk (6' wide, 6" thick) with Base 625 SF $6.00 $3,750.00 0 $0.0040 ADA Ramps with Base 2,476 SF $8.25 $20,427.00 2,208 $18,216.0041 ADA Cast Iron Detectable Warning Surface - 5' wide 54 EA $225.00 $12,150.00 46 $10,350.0042 Concrete Valley Gutter - 7" Thick 2,411 SF $11.50 $27,726.50 2,411 $27,726.5043 Topsoil in Boulevards (6-inch depth) 850 CY $25.00 $21,250.00 0 $0.0044 Utility Conduits (3-12" PVC & 1-4" Sch 40 PVC in one trench) 634 LF $30.00 $19,020.00 463 $13,884.6045 4" Lighting Conduit - 30" deep 880 LF $6.50 $5,720.00 880 $5,720.0046 4" Sch40 Irrigation Sleeve - 12"-18" deep 304 LF $6.50 $1,976.00 0 $0.0047 Median Concrete Curb 862 LF $20.00 $17,240.00 0 $0.0048 8" Reinforced Concrete Drive Apron 2,960 SF $10.00 $29,600.00 0 $0.0049 Mountable Curb 285 LF $20.00 $5,700.00 0 $0.0050 Concrete Median Cap & Base 2,275 SF $6.75 $15,356.25 0 $0.0051 Remove and Dispose of Fence 160 LF $5.00 $800.00 160 $800.00Subtotal $768,981.50 $372,161.00Storm Sewer100 24" RCP Class IV Culvert 102 LF $65.00 $6,630.00 74 $4,839.90101 24" FETS 2 EA $650.00 $1,300.00 2 $1,300.00102 6"-12" Diameter Rip Rap Pad (6'x6' ) 12 CY $75.00 $900.00 12 $900.00103 18" Diameter PVC Stub (2.5' Long) & Cap 1 EA $500.00 $500.00 1 $500.00Graf Street Roadway Pay Back DistrictConstruction Cost EstimatePage 2169
Exhibit CGraf Street Roadway - Pay Back DistrictConstruction Cost Summary - 35' Wide Street Section48' wide Street Section 35' Wide Street SectionITEMFull Construction Cost 1,960 lf. 60' wide ROWNo. ITEM DESCRIPTION Quantity Unit Unit Price Sub TotalQuantity Sub Total104 15" A-2000 PVC SD or equivalent 201 LF $32.00 $6,432.00 147 $4,695.36105 18" A-2000 PVC SD or equivalent 780 LF $36.00 $28,080.00 569 $20,498.40106 Curb Inlet 7 EA $2,550.00 $17,850.00 7 $17,850.00107 MH Combo/Curb Inlet 4 EA $2,650.00 $10,600.00 4 $10,600.00108 Double Curb Inlet 2 EA $2,850.00 $5,700.00 2 $5,700.00109 48" SD MH 2 EA $2,750.00 $5,500.00 2 $5,500.00110 18" FETS 3 EA $500.00 $1,500.00 3 $1,500.00111 22"x36" RCP Class IV Arch Culvert & Cap Ends 222 LF $100.00 $22,200.00 162 $16,206.00112 22"x36" FETS 2 EA $750.00 $1,500.00 2 $1,500.00113 18"x28" RCP Class IV Arch Culvert 104 LF $80.00 $8,320.00 76 $6,073.60114 18"x28" RCP FETS 2 EA $775.00 $1,550.00 2 $1,550.00115 Temporary Retention Pond G1 (4,070 CF) 1 LS $2,500.00 $2,500.00 1 $2,500.00116 Temporary Retention Pond G1 (4,975 CF) 1 LS $2,500.00 $2,500.00 1 $2,500.00117 Temporary Retention Pond G3 (4,400 CF) 1 LS $2,500.00 $2,500.00 1 $2,500.00118 36"X59" Arch Culvert Class IV 312 LF $185.00 $57,720.00 228 $42,135.60119 36"x59" FETS 6 EA $1,250.00 $7,500.00 6 $7,500.00120 A.O.P Gravel - Match Size to Ext'g Stream Bed Gravel Size 10 EA $100.00 $1,000.00 10 $1,000.00121 Trash Rack (for 36"x59" Culvert) 3 EA $750.00 $2,250.00 3 $2,250.00122 Trash Rack (for 22"x36" Culvert) 1 EA $675.00 $675.00 1 $675.00123 Trash Rack (for 18"x28" Culvert) 1 EA $575.00 $575.00 1 $575.00124 Trash Rack (for 24" Culvert) 1 EA $500.00 $500.00 1 $500.00Subtotal $196,282.00 $161,348.86Signing & Striping130 D11-1: Bike Route 18" x 24" 4 EA $137.50 $550.00 0 $0.00131 D3-1: Street Name 9" x X" 8 EA $104.50 $836.00 8 $836.00Graf Street Roadway Pay Back DistrictConstruction Cost EstimatePage 3170
Exhibit CGraf Street Roadway - Pay Back DistrictConstruction Cost Summary - 35' Wide Street Section48' wide Street Section 35' Wide Street SectionITEMFull Construction Cost 1,960 lf. 60' wide ROWNo. ITEM DESCRIPTION Quantity Unit Unit Price Sub TotalQuantity Sub Total132 M6-1: Arrow 12" x 18" 4 EA $67.50 $270.00 0 $0.00133 OM4-3: Three Dead End Barricade Signs 18" x 18" 10 EA $105.00 $1,050.00 10 $1,050.00134 R1-2: Yield 24" x 24" 8 EA $180.00 $1,440.00 0 $0.00135 R1-5L: Yield Here to Pedestrian 24" x 24" 5 EA $180.00 $900.00 0 $0.00136 R6-4: Two Chevrons 24" x 30" 4 EA $225.00 $900.00 0 $0.00137 R7-1: No Parking Any Time 12" x 18" 9 EA $71.50 $643.50 0 $0.00138 W14-1: Dead End Sign 24" x 24" 2 EA $180.00 $360.00 2 $360.00139 W11-2: Pedestrian 24" x 24" 8 EA $185.00 $1,480.00 8 $1,480.00140 W16-7P: Arrow Plaque 12" x 24" 8 EA $90.00 $720.00 0 $0.00141 W13-1P: 15 M.P.H. sign 18" x 18" 2 EA $105.00 $210.00 0 $0.00142 W2-6: Roubdabout Sign 30" x 30" 2 EA $280.00 $560.00 0 $0.00143 Surface Mount Delineator - White 8 EA $110.00 $880.00 0 $0.00144 Surface Mount Delineator - Yellow 10 EA $110.00 $1,100.00 0 $0.00145 Sign Post 59 EA $300.00 $17,700.00 28 $8,400.00146 8" White Inlaid Thermoplastic 990 LF $11.75 $11,632.50 0 $0.00146 24" White Inlaid Thermoplastic 30 LF $32.00 $960.00 0 $0.00147 24" Yellow Epoxy 1,035 LF $8.25 $8,538.75 0 $0.00148 4" White Epoxy 5,810 LF $0.90 $5,229.00 0 $0.00149 4" Double Yellow Epoxy 3,365 LF $1.50 $5,047.50 0 $0.00150 4" Yellow Epoxy 345 LF $0.90 $310.50 0 $0.00151 6" Yellow Epoxy 527 LF $1.35 $711.45 0 $0.00152 6" White Epoxy 540 LF $1.35 $729.00 0 $0.00153 Yellow Epoxy Curb Paint 480 LF $9.75 $4,680.00 350 $3,416.40154 12" White Inlaid Thermoplastic Turkey Track 71 LF $18.50 $1,313.50 0 $0.00155 Pedestrian Crossing: 8'x2' White Inlaid Thermoplastic Bars 512 SF $26.00 $13,312.00 512 $13,312.00156 Bike Lane Symbol & Directional Arrow Inlaid Thermoplastic 9 EA $325.00 $2,925.00 0 $0.00Graf Street Roadway Pay Back DistrictConstruction Cost EstimatePage 4171
Exhibit CGraf Street Roadway - Pay Back DistrictConstruction Cost Summary - 35' Wide Street Section48' wide Street Section 35' Wide Street SectionITEMFull Construction Cost 1,960 lf. 60' wide ROWNo. ITEM DESCRIPTION Quantity Unit Unit Price Sub TotalQuantity Sub Total157 "Sharks Teeth" Yield Bar White Thermoplastic Triangles 102 SF $37.00 $3,774.00 0 $0.00Subtotal $88,762.70 $28,854.40Street Lighting160 Structural Concrete Pole Foundations 4.8 CY $1,250.00 $6,000.00 4 $4,380.00161 Conduit, 2.0" PVC, Trench 3285 LF $9.00 $29,565.00 3,285 $29,565.00162 Conduit, 2.0" PVC, Sleeve 730 LF $9.00 $6,570.00 730 $6,570.00163 Pull Box, Composite Type 1 30 EA $880.00 $26,400.00 22 $19,272.00164 Conductor, Copper, #8 AWG 3270 LF $0.95 $3,106.50 3,270 $3,106.50165 Conductor, Copper, #10 AWG, Lighting & Ground 2455 LF $0.70 $1,718.50 2,455 $1,718.50166 Light Std. 30' Mount (Type 10-A) 9 EA $2,725.00 $24,525.00 7 $19,075.00167 Luminaire, (Type 3S 72w LED) 9 EA $500.00 $4,500.00 7 $3,500.00$$$168 Single Type C - Power Supply1EA$5,315.00$5,315.00 1$5,315.00Subtotal $107,700.00 $92,502.00Construction Cost Estimate$1,383,876.20 $780,092.44Cost per Lineal Foot of Street Frontage $199.00Graf Street Roadway Pay Back DistrictConstruction Cost EstimatePage 5172