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Home My WebLink About09-18-17 City Commission Packet Materials - C4. Resolution 4846, Waiver of Right to Protest SIDs for Story Mill Infrastructure Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Carolyn Poissant – TOP Design and Development Manager Mitch Overton – Director of Parks and Recreation SUBJECT: Resolution 4846 - Waiver of Right to Protest Special Improvement District Associated with Story Mill Community Park MEETING DATE: September 18, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Resolution 4846 for Waiver of Right to Protest Special Improvement District for Story Mill Road, Griffin Drive, and Story Mill Road – Bridger Drive Intersection Infrastructure Improvements and authorize the Interim City Manager to sign the waiver (Attachment A). BACKGROUND: Resolution No. 4517 approved the allocation of Trails, Open Space and Parks (TOP) bond funding in an amount not to exceed $4,500,000 for the acquisition of park land and the development of the Story Mill Community Park (the “Park”). A Memorandum of Understanding with The Trust for Public Land (“TPL”) describing financial and in-kind contributions and both parties’ obligations and responsibilities in developing the Park property, a license agreement for access and activities on the property during development, and a purchase and sale agreement for the 55-acre park property were approved in December 2014. TPL and the City (Parks Department) jointly submitted master plan and site plan development applications for construction of park improvements. The master plan was approved by Commission November 16, 2016. As part of the site plan requirements for development of the park, a “Waiver of Right to Protest” the formation of a special improvement district for Story Mill Road, the Story Mill Road-Bridger Drive intersection, and Griffin Drive road and infrastructure needs to be submitted. The waiver is intended to ensure a commitment for payment of the aforementioned road and infrastructure improvements, as would be required for a private development. UNRESOLVED ISSUES: ALTERNATIVES: As directed by Commission. FISCAL EFFECTS: At the time the SID is created the City shall be responsible for its fair share of the associated improvements. An estimated cost share of the subject improvements is illustrated on Attachment B as supplied by TPL’s consultant. The city’s share is estimated to range from $7038/yr to $8649/yr for the 20-year period. This amount did not include the Story 46 Mill-Bridger Drive intersection upgrade, however. A rough estimate for that cost is $2124/yr ($1,000,000 cost of improvement including design and engineering fees, plus 18% SID administration fee multiplied by 0.036 city share of SID divided by 20 years). As such, the total fiscal impact is estimated to range between $9162/yr and $10,773/yr for 20 years. These estimates have not been verified by Engineering staff, however, and are subject to change. ATTACHMENTS: Resolution 4846 Attachment A - Waiver of Right to Protest Special Improvement District Attachment B – Estimated SID Costs Report compiled on: September 11, 2017 47 COMMISSION RESOLUTION NO. 4846 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO SIGN THE WAIVER OF RIGHT TO PROTEST FORMATION OF A SPECIAL IMPROVEMENT DISTRICT FOR STORY MILL ROAD, GRIFFIN DRIVE, AND STORY MILL ROAD – BRIDGER DRIVE INTERSECTION INFRASTRUCTURE IMPROVEMENTS WHEREAS, Resolution No. 4517 approved the allocation of Trails, Open Space and Parks (TOP) bond funding in an amount not to exceed $4,500,000 for the acquisition of park land and the development of the Story Mill Community Park (“Park”). WHEREAS, As part of the site plan requirements for development of the park, a “Waiver of Right to Protest” the formation of a special improvement district for Story Mill Road, the Story Mill Road-Bridger Drive intersection, and Griffin Drive road and infrastructure is required to be submitted.; and WHEREAS, the waiver is intended to ensure a commitment for payment of the aforementioned road and infrastructure improvements, as would be required for a private development. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, A. The City accepts the obligations associated with the potential formation of a Special Improvement District for the purposes described above; and B. The City Manager shall take all necessary steps to implement this Resolution. 48 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th day of September, 2017. ___________________________________ CARSON TAYLOR Mayor ATTEST: ________________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ KAREN STAMBAUGH Assistant City Attorney 49 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR Story Mill Road, Griffin Drive, and Story Mill Road – Bridger Drive Intersection Infrastructure Improvements We, the undersigned Owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Story Mill Community Park IN CONSIDERATION of receiving deferment of construction of road and infrastructure improvements from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, in recognition of increased traffic that will be generated by the development of the above-described property at 630 Bridger Drive, Bozeman MT (Story Mill Community Park), have waived and do hereby for ourselves, our heirs, personal representatives, successors and assigns, the right to protest the creation of one or more special improvement districts for the construction of Story Mill Road, Griffin Drive, and Story Mill Road – Bridger Drive Intersection infrastructure improvements, or to make any written protest against the proposed work or against the extent or creation of the districts to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event an SID is not utilized for the completion of these improvements, the undersigned agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. This waiver shall be a covenant running with the land and shall apply to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto. 50 Owner (City of Bozeman) DATED this _____ day of ____________________, 20 . By__________________________________________________________ Title: City of Bozeman, Interim City Manager 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 _________________________ of , the corporation that executed the foregoing Waiver of Right to Protest, and acknowledged to me that he/she executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission expires: / /20 Attest: _______________________________________ Robin Crough City Clerk 51 STORY MILL DISTRICT INFRASTRUCTURE COST ANALYSIS REDLEAF ENGINEERING, LLCwww.redleaf-consulting.com Phone:406.995.2996Engineer:Philip Kedrowski, PEDate:1/26/2017Project:122116.1004 UNIT COSTS Collector Street Cost = Lower 275 $/ft Upper 325 $/ftLocal Street Cost = Lower 175 $/ft Upper 225 $/ft 8" DIP Water Main =Lower 100 $/ft Upper 120 $/ft8" Sewer Main = Lower 80 $/ft Upper 100 $/ftStorm Water = Lower 100 $/ft Upper 120 $/ft CONSTRUCTION COST ESTIMATES Improvement Location Start Point End Point Length (ft)Lower Cost ($/ft)Estimated Lower Cost ($)Bozeman Split ($)Owner Split ($)Upper Cost ($/ft)Estimated Upper Cost ($)Bozeman Split ($)Owner Split ($)Funding Source Updgrade to Collector Street Story Mill Drive Bridger Drive South Property Boundary of Story Mill TR. C2-A 1500 275 412,500 165,000 247,500 325 487,500 195,000 292,500 CIP/SID Updgrade Intersection Story Mill Drive & Bridger Drive NA NA 1,000,000 800,000 200,000 NA 1,250,000 1,000,000 250,000 CIP/SID Upgrade to Local Street Hillside Lane Story Mill East City to Bozeman Boundary 675 175 118,125 0 118,125 225 151,875 0 151,875 SID Upgrade to Local Street Hillside Lane Story Mill West then South to E. Griffen Drive 1250 175 218,750 0 218,750 225 281,250 0 281,250 SID Upgrade to Local Street E. Griffen Drive Story Mill West to new intersection with Hillside Lane 600 175 105,000 0 105,000 225 135,000 0 135,000 SID Install 8" Water Main Story Mill Drive Bridger Drive E. Griffen 1000 100 100,000 0 100,000 120 120,000 0 120,000 SID Install 8" Water Main Hillside Lane Story Mill East City to Bozeman Boundary 675 100 67,500 0 67,500 120 81,000 0 81,000 SID Install 8" Water Main Hillside Lane Story Mill West then South to E. Griffen Drive 1250 100 125,000 0 125,000 120 150,000 0 150,000 SID Install 8" Water Main E. Griffen Drive Story Mill West to new intersection with Hillside Lane 600 100 60,000 0 60,000 120 72,000 0 72,000 SID Install Sewer Main Hillside Lane Story Mill East City to Bozeman Boundary 675 80 54,000 0 54,000 100 67,500 0 67,500 SID Install Sewer Main Hillside Lane Story Mill West then South to E. Griffen Drive 1250 80 100,000 0 100,000 100 125,000 0 125,000 SID Install Sewer Main Story Mill Intersection of E. Griffen Drive and Story Mill South to SID South Boundary 500 80 40,000 0 40,000 100 50,000 0 50,000 SID Install Storm Water Main Story Mill Drive Bridger Drive South Property Boundary of Story Mill TR. C2-A 1500 100 150,000 0 150,000 120 180,000 0 180,000 SID Install Storm Water Main Hillside Lane Story Mill East City to Bozeman Boundary 675 100 67,500 0 67,500 120 81,000 0 81,000 SID Install Storm Water Main Hillside Lane Story Mill West then South to E. Griffen Drive 1250 100 125,000 0 125,000 120 150,000 0 150,000 SID Install Storm Water Main E. Griffen Drive Story Mill West to new intersection with Hillside Lane 600 100 60,000 0 60,000 120 72,000 0 72,000 SID Sub Total ($)COB CIP ($)STORY SID ($)Sub Total ($)COB CIP ($)STORY SID ($)$2,803,375 $965,000 $1,838,375 $3,454,125 $1,195,000 $2,259,125 Surveying 3%55,151 Surveying 3%67,774Engineering Design 9%165,454 Engineering Design 9%203,321Const. Survey & Testing 5%91,919 Const. Survey & Testing 5%112,956 Const. Inspection 8%147,070 Const. Inspection 8%180,730Sub Total 2,297,969 Sub Total 2,823,906 SID ADMINISTRATION COSTS 18%413,634 18%508,303 TOTAL SID COST ESTIMATE LOWER =$2,711,603 UPPER =$3,332,209 SID PAYMENT(20YR, 4%) = $16,432MONTH SID PAYMENT(20YR, 4%) = $20,193 MONTH$197,184YEAR $242,316 YEAR TOTAL SID AREA =40ACRES TOTAL SID AREA =40 ACRESPAYMENT =4,887$/ACRE/YR PAYMENT =6,006 $/ACRE/YRPAYMENT =407 $/ACRE/MONTH PAYMENT =501 $/ACRE/MONTH PROPERTIES WITHIN SID OWNER TRACT SIZE (ACRES) Payment Estimate ($/YEAR) Payment Estimate ($/YEAR)% OWNER % COMBINED BY PROPERTY OWNER (I.E. VOTING PERCENTAGE) PORTION OF CAPITAL EXPENSE (LOW EST.) CAPITAL EXPENSE COMBINED BY PROPERTY OWNER (LOW EST.) PORTION OF CAPITAL EXPENSE (HIGH EST.) CAPITAL EXPENSE COMBINED BY PROPERTY OWNER (HIGH EST.) Story Mill Associates T1 1.604 7,839 9,634 4.0%4.0%$107,804.13 $107,804 $132,477.32 $132,4772511N LLC & UND 84% INT C2-A 5.615 27,441 33,721 13.9%$377,354.77 $463,720.19 2511N LLC & UND 84% INT 1T-1 7.510 36,704 45,105 18.6%$504,737.04 $620,256.51TPL268.024 39,216 48,192 19.9%19.9%$539,289.47 $539,289 $662,716.98 $662,717 Wake Up Inc 23A 2.267 11,080 13,616 5.6%$152,364.06 $187,235.72Wake Up Inc K 0.736 3,597 4,420 1.8%$49,466.23 $60,787.60Wake Up Inc 1 0.510 2,493 3,063 1.3%$34,276.87 $42,121.84 Wake Up Inc 2 0.790 3,861 4,745 2.0%$53,095.55 $65,247.56Wake Up Inc 3 0.850 4,154 5,105 2.1%$57,128.12 $70,203.07 Wake Up Inc 4 REM 10.100 49,363 60,661 25.0%$678,816.51 $834,177.66Christie Clifford and Sally Franklin 22 0.900 4,399 5,405 2.2%2.2%$60,488.60 $60,489 $74,332.66 $74,333 City of Bozeman 1.440 7,038 8,649 3.6%3.6%$96,781.76 $96,782 $118,932.26 $118,932Total =40.346 Acres PAYBACK DISTRICT BREAKDOWN $882,09232.5% 37.8%$1,025,147 $1,083,977 $1,259,773 LOWER END COST ESTIMATE UPPER END COST ESTIMATE SOFT COSTS 52