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HomeMy WebLinkAbout06-18-18 City Commission Packet Materials - A5. Resolution 4908, Dissolution of SID 740 for W. Oak and N. FergusonPage 1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Greg Sullivan, City Attorney SUBJECT: Public Hearing on Protests Regarding Dissolution of Special Improvement District (SID) 740 and Adoption of Resolution No. 4908, a Resolution of the Bozeman City Commission Dissolving SID 740. AGENDA ITEM TYPE: Action MEETING DATE: June 18, 2018 RECOMMENDED MOTION: Having received no protests to the dissolution of SID 740, I hereby move to adopt Resolution No. 4908 dissolving SID No. 740. BACKGROUND: The City Commission created SID 740 (the “District”) on April 17, 2017. The boundaries of SID 740 include the Gallatin County Regional Park property fronting West Oak Street and North Ferguson Avenue. The boundaries of the District and the improvements to be assessed to SID 740 were more particularly described in Resolution No. 4771, the resolution of intent to create the district. Shortly after creation of SID 740, Gallatin County, the sole property owner within the District, sued the City alleging the City’s creation of the SID was improper.1 The City Commission has not yet levied the assessment for SID 740. There is no statutory time frame within which the City is required to levy and assess the District. Construction of the improvements is now complete and final costs are now known. The final costs of construction are significantly lower than the estimated costs when SID 740 was created. The share of actual costs attributable to the District is $902,424.65, or $160,713.85 lower than 1 The District Court dismissed the County’s complaint without prejudice on February 9, 2018. In doing so, the Court did not reach the merits of the County’s arguments. Instead, it declined to exercise its jurisdiction to enter a declaratory judgment because the County has an adequate remedy available to it under the SID statute -- after it receives its tax bill containing the assessment, it can pay the bill under protest and then challenge the lawfulness of the tax. 748 Page 2 the 2017 estimate of $1,062,138.50 described in Resolution No. 4771. This amounts to a reduction of more than 15%. Because of this significant difference in costs, and because the County has not yet been assessed under SID 740, I recommend dissolving SID 740 and creating a new SID that accurately reflects the costs to be assessed. At its May 21, 2018 meeting the City Commission adopted Resolution 4907, declaring it to be the intention of the City Commission to dissolve SID 740. In accordance with Montana Code Annotated (MCA) Title 7-12 Part 41, notice of the passage of the resolution of intent to dissolve was published in the Bozeman Daily Chronicle on May 27, 2018 and June 3, 2018 and mailed to the property owner to be assessed. This established the “Protest Period” as May 27, 2018 to June 11, 2018 at 5:00 PM. Within the Protest Period, no protests were filed with the City Clerk. FISCAL EFFECTS: Project Costs: When SID 740 was created, the total estimated cost of the proposed improvements was $2,525,667. The City committed $1,062,138.50 from the Street Impact Fee Fund and the developer of the Flanders Mill subdivision committed $401,390.62 for its share of the improvements to North Ferguson Avenue. The remaining $1,062,138.50 was to be funded by the special improvement district. In addition, the district would be responsible for an estimated $1,000 in incidental costs related to the creation of the district for a total of $1,063,138.50. As described above, actual costs of construction are significantly lower. The final cost breakdown is as follows: FERGUSON AVENUE – BAXTER LANE TO OAK STREET Final cost of improvements $946,255.70 City Share (1/3 of improvements) $299,246.98 SID Share (1/3 of improvements) $299,246.98 Flanders Mill Subdivision Share $347,731.74 (1/3 of improvements + 100% of cost of asphalt trail) WEST OAK STREET – FERGUSON TO NEW HOLLAND Final cost of improvements $1,206,355.34 City Share (50% of improvements) $603,177.67 SID Share (50% of improvements) $603,177.67 TOTAL cost of improvements (Oak & Ferguson) $2,152,611.04 TOTAL SID share of improvements (Oak & Ferguson) $902,424.65 749 Page 3 UNRESOLVED ISSUES: If the Commission adopts Resolution 4908 dissolving SID 740, to have authority to levy taxes against the real property benefitting from the improvements and which was included in the boundaries of SID 740, the Commission must create a new special improvement district. At its May 21, 2018 meeting, as the Commission moved to adopt Resolution 4892, a resolution of intent to create SID 745 the Commission also adopted the following amendment to that motion: “that prior to the assessment of the construction costs associated with SID 745 to the district, the City of Bozeman will seek to resolve any outstanding issues with Gallatin County via a working group with equal representation from both entities.” I understand Gallatin County believes that further discussions with the City regarding the County’s share of costs related to the improvements is not possible if the City Commission adopts a final resolution creating a new special improvement district. While this information is directly germane to creation of SID 745 I provide it here for your information as you consider dissolution of the SID 740. ALTERNATIVES: 1. Do not dissolve SID 740 and proceed with a resolution levying the assessment for SID 740. A bill for the assessment would then be sent to the property owner in the regular course. 2. Proceed with an alternate financing method to fund the County’s share of the cost of improvements to West Oak Street and North Ferguson Avenue adjacent to the Gallatin County Regional Park pursuant to the Annexation Agreement executed and recorded when the subject property was annexed to the City. 3. As determined by the Commission. Attachments: Resolution No. 4908 – Resolution Dissolving SID 740 750 Page 1 of 4 COMMISSION RESOLUTION NO. 4908 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DISSOLVING SPECIAL IMPROVEMENT DISTRICT NO. 740 WHEREAS, the City Commission created Special Improvement District No. 740 (“SID 740” or “the District”) on April 17, 2017 by Resolution No. 4772 for the purpose of undertaking certain road improvements to North Ferguson Avenue between West Oak Street and Baxter Lane, and to West Oak Street between Davis Lane and North Ferguson Avenue (“the Improvements”) pursuant to its authority under Montana Code Annotated, Title 7, Chapter 12, Part 41; and WHEREAS, the Resolution of Intention to create SID 740, Resolution No. 4771, describes the boundaries of the District and the particulars of the Improvements to be undertaken; and WHEREAS, the District’s share of the estimated cost of the Improvements as stated in Resolution No. 4771 was $1,063,138.50; and WHEREAS, the Improvements have been completed and the District’s share of actual costs of the Improvements are now known to be $902,424.65; and WHEREAS, Gallatin County, owner of 100% of the property within the District boundaries, protested the creation of the District; and WHEREAS, the City Commission found Gallatin County’s protest invalid because the previous owner of the property within the District waived the right to protest creation of a special improvement district in consideration of receiving approval for annexation of the property to the City on October 19, 2001; and WHEREAS, after the District was created Gallatin County filed a lawsuit in District Court seeking a declaration the District was void ab initio and alleging defects in its creation; and 751 Resolution 4908, Dissolution of SID 740 Page 2 of 4 WHEREAS, SID 740 has accumulated no assets and no property owners within the boundaries of the District have been assessed any fees pursuant to the creation of the District; and WHEREAS, the Bozeman City Commission desires to dissolve SID 740 in order to accurately assess the property within the District for the costs of the Improvements and to address the alleged shortcomings in the creation of SID 740; and WHEREAS, on the 21st day of May, 2018, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”) adopted Commission Resolution No. 4907 (the “Resolution of Intention”), stating its intent to dissolve SID 740, created for the purpose of undertaking the Improvements pursuant to its authority under Montana Code Annotated, Title 7, Chapter 12, Part 41; and WHEREAS, on May 27, 2018 and June 3, 2018, the City Clerk did publish a Notice of Passage of the Resolution of Intent to Dissolve SID 740 in accordance with Sect. 7-12-4106, MCA, and mailed said notice to each person, firm, or corporation or the agent of the person, firm or corporation having real property within the proposed District; and WHEREAS, the Bozeman City Commission conducted a public hearing to pass on any protest submitted to the dissolution of the District on June 18, 2018; and WHEREAS, the City Commission finds that the public interest would be served by the dissolution of SID 740 as herein described. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, as follows: Section 1 Notice of Passage of the Resolution of Intent and Public Hearing on Protests. Notice of passage of the Resolution of Intention was duly published and mailed in all respects in accordance with law, and on June 18, 2018, this Commission conducted a public hearing on written protests submitted by property owners against the dissolution of the District. The public hearing occurred on the date of the first regular meeting of the Commission following the expiration of the period ending 15 days after the first date of publication of the notice of passage of the Resolution of Intention (the 752 Resolution 4908, Dissolution of SID 740 Page 3 of 4 “Protest Period”). Section 2 Boundaries of District. The limits and boundaries of the District to be dissolved are those described in Resolution No. 4771, the resolution of intention to create SID 740. Section 3 General Character of Improvements. The general character of the Improvements which were to be made pursuant to SID 740, the estimated cost thereof, and the method of assessment by which the Improvements were to be assessed against property in SID 740 is as described in Resolution No. 4771, the resolution of intention to create SID 740. Section 4 Protests. No protests were received during the Protest Period. Section 5 Dissolution of the District. The Commission hereby dissolves the District on the terms and conditions set forth herein and otherwise in accordance with the Resolution of Intention, as modified hereby. 753 Resolution 4908, Dissolution of SID 740 Page 4 of 4 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 June, 2018. __________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ________________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: __________________________________ GREG SULLIVAN City Attorney 754