HomeMy WebLinkAbout09-22-20 City Commission Packet Materials - A1. Res 5011 Levy for SID 747 Manley Road
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Kristin Donald, Finance Director
SUBJECT: Commission Resolution No. 5011 – Special Assessment Levy for Special
Improvement District No. 747 for Manley Road
MEETING DATE: September 22, 2020
AGENDA ITEM: Action
RECOMMENDATION: Adopt Resolution No. 5011 levying a special assessment upon
benefitted properties within Special Improvement District No. 747 for Manley Road RECOMMENDED MOTION: I hereby move to adopt Resolution No. 5011 levying a special assessment upon benefitted properties within Special Improvement District No. 747 for Manley
Road.
BACKGROUND: At its January 14, 2019 meeting the City Commission adopted Resolution 4954, declaring it to be the intention of the City Commission to create Special Improvement District (SID) No. 747
(the “District”) for the purpose of undertaking certain street improvements to Manley Road from
the intersection with Griffin Drive to the northern boundary of the Gallatin Park Subdivision and financing the costs thereof through the issuance of SID bonds secured by the City’s SID Revolving Fund.
On February 11, 2019 the public hearing for creation was held providing an opportunity for the
public to comment on the proposal and for the Commission to hear and decide upon all protests that were received prior to the end of the protest period. After hearing all protests, and finding them to be insufficient under law to bar creation of the District, the Commission adopted Resolution 4955 creating SID 747.
The City financed the project by selling bonds pursuant to its authority under MCA chapter 7-12, part 42. The proposed repayment on the bonds is 20 years. The City requested proposals for private placement of the SID bonds in April and awarded Sterling National Bank. The project
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costs came in lower than estimated and the interest rate has also come in much lower than
estimated at creation.
On August 11, 2020 the City Commission approved Resolution 5208 authorizing the bond issuance. The interest rate for the bonds is 3.175% and with the above costs and interest the typical annual assessment would be approximately $74.74-$77.89/$1,000 of assessed value
annually. When the SID was created on February 11, 2019, the interest rate range was estimated
to be 4.5%-5%, with a typical annual assessment estimated to be approximately $76.88-$80.24/$1,000 of assessed value. This resolution is the final step in the process to levy the assessment for properties within the SID.
Adoption of Resolution 5011 will levy the assessment upon all benefited properties located within
the District, using as a basis of assessment the method or methods described in the respective Resolutions of Intention to Create the District. Notice of this hearing, at which objections to the adoption of Resolution 5011 will be heard, was published and mailed to the owners of property within the Districts in accordance with 7-12-4177, Montana Code Annotated.
Special assessments are collected in the same manner and at the same time as assessments, and are payable in two installments, one-half on or before November 30 of each year; and one-half on or before May 31 of the following year.
NEXT STEPS: None
ALTERNATIVES: As suggested by the Commission FISCAL EFFECTS: As described in the Resolutions of Intention to Create the District,
assessments are used to pay back the obligations funding the improvement expenses.
Attachment: Resolution No. 5011
Project Status Memo Report compiled on September 3, 2020
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Page 1 of 3
RESOLUTION NO. 5011
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN
LEVYING A SPECIAL ASSESSMENT UPON ALL PROPERTY SITUATED WITHIN
SPECIAL IMPROVEMENT DISTRICT NO. 747 IN THE TOTAL AMOUNT OF
$4,001,000 TO DEFRAY THE COST OF MAKING THE IMPROVEMENTS IN SAID
SPECIAL IMPROVEMENT DISTRICT PURSUANT TO RESOLUTION NUMBER 4955
CREATING THE DISTRICT.
WHEREAS, the City Commission of the City of Bozeman, Montana did create Special
Improvement District 747 (the “District”) and thereby ordered and directed to be made within the
District improvements as specified in Resolution No. 4955 (the “Improvements”); and
WHEREAS, the actual cost of said Improvements to be assessed against the properties
within the District amounts to the sum of $4,001,000 is to be paid over a period of twenty (20)
years by property located within the District; and
WHEREAS, on August 11, 2020 the City Commission approved Resolution No. 5208
authorizing the issuance of bonds to finance the cost of the Improvements; and
WHEREAS, the properties located in the District are to be assessed bi-annually to
defray the District’s Share of the Improvements; each lot, tract, piece, or parcel of land to be
assessed for its proportionate share of the whole of the District’s Share of the Improvements based
on the formula as set forth in the resolution of intent to create the District; and
WHEREAS, the City Clerk published notice of resolution for levy and assessment in
the Bozeman Daily Chronicle on August 30, 2020 and September 6, 2020 and sent mail notices to
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Resolution No. 5011, Resolution to Levy a Special Assessment on Property Located in SID 747
Page 2 of 3
the owners of each lot, tract, or parcel of land to be assessed in accordance with 7-12-4177, MCA;
and
WHEREAS, the City Commission conducted a public hearing on the resolution for levy
and assessment September 15, 2020 in accordance with 7-12-4178, MCA.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana as follows:
Section 1
To defray the costs and expense of making said improvements in the District, the City of
Bozeman hereby levies and assesses a tax upon all property situated within the District in the
respective amounts listed on Exhibit A attached, which is hereby incorporated herein and made a
part hereof. The special assessments for the costs of the Improvements shall be levied and assessed
in accordance with the method of assessments referred to in the resolution of intention. Such
assessments shall be payable over a term not exceeding twenty (20) years, each in substantially
equal semiannual payments of principal and interest. The special assessments shall bear interest
from the bond issuance authorized in Resolution No. 5208 until paid at an annual rate of 3.17%.
Property owners shall have the right to prepay the special assessments as provided by law.
Section 2
The Commission hereby ratifies and confirms that the assessment of costs of the specific
Improvements against the property benefitted thereby as prescribed by the resolution of intention
is equitable and in proportion to and not exceeding the special benefits derived from the
Improvements by the parcel to be assessed therefor within the District, and the special assessments
authorized by this resolution are in accordance with the methods and do not exceed the amounts
prescribed by the resolution of intention.
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Resolution No. 5011, Resolution to Levy a Special Assessment on Property Located in SID 747
Page 3 of 3
Section 3
The assessments for the District which are listed in the City Treasurer’s assessment book
are due and payable to the City Treasurer of the City of Bozeman and will become delinquent at 5
p.m. on November 30th and May 31st of each year until they are paid in full.
Section 4
This resolution shall be kept on file in the office of the City Clerk and shall be open to
public inspection.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 22nd day of September, 2020.
___________________________________
CHRIS MEHL
Mayor
ATTEST:
______________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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EXHIBIT ALOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AMOUNTSMANLEY ROAD SPECIAL IMPROVEMENTS DISTRICTBOZEMAN, GALLATIN COUNTY, MONTANA1C.O.S. 157 - REM TRACT (FUTURE BRIDGER VALE SUB.)BRIDGER VALE LLC PO BOX 930 MANHATTAN MT 59741-0930 000RFH7935 299.90281,920.32 $190,494.17 $0.682C.O.S. 1221 - TRACT GL2 (EAST GALLATIN REC. AREA) STATE OF MONTANA DEPT FISH WILDLIFE & PARKSCAPITOL STATION HELENA MT 59620 00RFH24348 720.05 1,297,739.52 $457,370.21 $0.35GALLATIN PARK SUBDIVISION1646.34 ($ 1,045,742.47 ) - )($ 3 BLK 1, LOT 1 BONIFACE TONY 4645 BROADWAY UNIT A4 BOULDER CO 80304 00RFG44037 19950.48 $22,554.32 $1.134 BLK 1, LOT 2 SANDS LLC 317 GALLATIN PARK DR #2 BOZEMAN MT 59715-7909 00RFG44038 18469.44 $20,879.98 $1.135 BLK 1, LOT 4A GPL4 LLC PO BOX 1173 BOZEMAN MT 59771-1173 00RFG44039 46217.16 $52,249.20 $1.136 BLK 1, LOT 5 ACUFF MICHAEL 407 RYAN DR BOZEMAN MT 59715-9278 00RFG44041 23217.48 $26,247.72 $1.137 BLK 1, LOT 6 GFP DEVELOPMENT LLC 8653 BRIDGER CANYON RD BOZEMAN MT59715-8250 00RFG44042 14026.32 $15,856.97 $1.138 BLK 1, LOT 7 GFP DEVELOPMENT LLC 8653 BRIDGER CANYON RD BOZEMAN MT59715-8250 00RFG44043 14026.32 $15,856.97 $1.139 BLK 1, LOT 8 K C HARVEY ENVIRONMENTAL LLC 376 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44044 14026.32 $15,856.97 $1.1310 BLK 1, LOT 9 CZC LLC 376 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44045 14026.32 $15,856.97 $1.1311 BLK 1, LOT 10 SPRATT SCOT 384 GALLATIN PARK DR STE 201 BOZEMAN MT59715-7909 00RFG44046 35152.92 $39,740.91 $1.1312 BLK 1, LOT 11 DOUBLE S PROPERTIES LLC 384 GALLATIN PARK DR STE 201 BOZEMAN MT 59715-7928 00RFG44047 34978.68 $39,543.93 $1.1313 BLK 1, LOT 12 OLD MARSH HOLDINGS LLC PO BOX 1167 BOZEMAN MT 59771-1167 00RFG44048 23261.04 $26,296.96 $1.1314 BLK 1, LOT 13 BACKCHECK LLCMAIL TO: DENNIS STEINHAUER PO BOX 1167BOZEMAN MT 59771 00RFG44049 23391.72 $26,444.70 $1.1315 BLK 1, LOT 14 M532MT LLC 301 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44050 23391.72 $26,444.70 $1.1316 BLK 2, LOT 1 MEGASPACE 3202 E FOOTHILL BLVD PASADENA CA 91107-310900RFG44018 43167.96 $48,802.04 $1.1317 BLK 2, LOT 2-A B & G DEVELOPMENT LLC 2370 ARNICA DR BOZEMAN MT 59715-1603 00RFG44019 83452.248 $94,344.04 $1.1318 BLK 2, LOT 3-A TRIPLE S PROPERTIES LLC 384 GALLATIN PARK DR STE 101 BOZEMAN MT 59715-7928 00RFG44020 87712.416 $99,160.22 $1.1319 BLK 2, LOT 4 REACH INC 322 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44021 21692.88 $24,524.13 $1.1320 BLK 2, LOT 5 REACH INC 322 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44022 18817.92 $21,273.95 $1.1321 BLK 2, LOT 6 REACH INC 322 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44023 18469.44 $20,879.98 $1.1322 BLK 2, LOT 7A HC DEVELOPMENTS L L C PO BOX 1203 BOZEMAN MT 59771-1203 00RFG44024 36721.08 $41,513.74 $1.1323 BLK 2, LOT 9 LOCK ENTERPRISES LLC 338 GALLATIN PARK DR BOZEMAN MT59715-7909 00RFG44026 18556.56 $20,978.47 $1.1324 BLK 2, LOT 10 KW & MW LLC 342 GALLATIN PARK DR BOZEMAN MT 59715 00RFG44027 18817.92 $21,273.95 $1.1325 BLK 2, LOT 11 HERE4 PROPERTIES LLC 340 S LEMON AVE # 5327 WALNUTCA 91789-2706 00RFG44028 27312.12 $30,876.77 $1.1326 BLK 2, LOT 12 HERE4 PROPERTIES LLC 340 S LEMON AVE # 5327 WALNUTCA 91789-2706 00RFG44029 87555.6 $98,982.94 $1.1327 BLK 3, LOT 1 BRYAN VAN K 21 W BABCOCK ST BOZEMAN MT 59715-4662 00RFG44030 50442.48 $57,025.99 $1.1328 BLK 3, LOT 2 WHITE THOMAS 3100 SENTINEL DR BOZEMAN MT 59715-8750 00RFG44031 18992.16 $21,470.93 $1.1329 BLK 3, LOT 3 WHITE THOMAS 3100 SENTINEL DR BOZEMAN MT 59715-8750 00RFG44032 18992.16 $21,470.93 $1.1330 BLK 3, LOT 4 WHITE TRUST LLC 3100 SENTINEL DR BOZEMAN MT 59715-8750 00RFG44033 19471.32 $22,012.62 $1.1331 BLK 3, LOT 5 HITCHCOCK DAN & JULIE 322 W MENDENHALL ST BOZEMAN MT59715-3447 00RFG44034 15202.44 $17,186.59 $1.13TOTAL PRINCIPAL AMOUNT (2)PER SQFT (3)AREA (SF)PROP COUNTLEGAL DESCRIPTION OF PROPERTYOWNER NAME OWNER ADDRESSASSESSMENT CODEFRONT LINEAL FOOTAGE (LF)115
EXHIBIT ALOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AMOUNTSMANLEY ROAD SPECIAL IMPROVEMENTS DISTRICTBOZEMAN, GALLATIN COUNTY, MONTANATOTAL PRINCIPAL AMOUNT (2)PER SQFT (3)AREA (SF)PROP COUNTLEGAL DESCRIPTION OF PROPERTYOWNER NAME OWNER ADDRESSASSESSMENT CODEFRONT LINEAL FOOTAGE (LF)32 BLK 3, LOT 6 BON TON PARTNERS LLC PO BOX 1082 BOZEMAN MT 59771-1082 00RFG44035 15202.44 $17,186.59 $1.1333 BLK 3, LOT 7 GALLATIN PARK DRIVE LLC 395 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44036 20298.96 $22,948.28 $1.1334 OPEN SPACE AGALLATIN PARK OWNERS ASSOCIATION INC.300 N WILLSON #400 BOZEMAN MT 59715 GPOPENMSTR35 OPEN SPACE BGALLATIN PARK OWNERS ASSOCIATION INC.300 N WILLSON #400 BOZEMAN MT 59716 GPOPENMSTR36 OPEN SPACE CGALLATIN PARK OWNERS ASSOCIATION INC.300 N WILLSON #400 BOZEMAN MT 59717 GPOPENMSTRGLEN LAKE COMMERCE SUB.1335.62 ($848,375.52)37 BLK 1, LOT 1 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 9761 $46,904.52 $4.8138 BLK 1, LOT 2 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 13267 $63,751.90 $4.8139 BLK 1, LOT 3 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 16056 $77,153.88 $4.8140 BLK 1, LOT 4 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 16664 $80,075.50 $4.8141 BLK 1, LOT 5 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 15063 $72,382.22 $4.8142 BLK 1, LOT 6 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 11615 $55,813.55 $4.8143 BLK 1, LOT 7 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 9761 $46,904.52 $4.8144 BLK 2, LOT 1 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 27156 $130,492.70 $4.8145 BLK 2, LOT 2 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 7521 $36,140.65 $4.8146 BLK 2, LOT 3 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 7521 $36,140.65 $4.8147 BLK 2, LOT 4 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 7521 $36,140.65 $4.8148 BLK 2, LOT 5 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 7521 $36,140.65 $4.8149 BLK 2, LOT 6 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 7521 $36,140.65 $4.8150 BLK 2, LOT 7 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 7521 $36,140.65 $4.8151 BLK 2, LOT 8 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 12081 $58,052.82 $4.8152 BLK 2, LOT 9 (OPEN SPACE) GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201116
EXHIBIT ALOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AMOUNTSMANLEY ROAD SPECIAL IMPROVEMENTS DISTRICTBOZEMAN, GALLATIN COUNTY, MONTANATOTAL PRINCIPAL AMOUNT (2)PER SQFT (3)AREA (SF)PROP COUNTLEGAL DESCRIPTION OF PROPERTYOWNER NAME OWNER ADDRESSASSESSMENT CODEFRONT LINEAL FOOTAGE (LF)MINOR SUBDIVISION NO. 15453LOT 2 (MERGENTHALER)MERGENTHALER FAMILY LLC 1414 N MONTANA AVE HELENA MT 59601-2962 00RFH34523 613.55 231521.4 $389,722.23 $1.68MINOR SUBDIVISION NO. 154A54LOT 1B (MAP BREWING)MAP BREWING COMPANY LLC 510 MANLEY RD BOZEMAN MT 59715-8784 00RFH65113 903.72 70567.2 $574,035.97 $8.1355 PARCEL 3: PARK CITY OF BOZEMAN PO BOX 1230 BOZEMAN MT 59771-1230 00RFH65112 348.77 30796.92 $221,536.01 $7.19MINOR SUBDIVISION NO. 385140.00 ($ 88,926.92 )56 LOT 1 DHEIN JUSTIN & MOYER KATHERINE 291 TURTLE WAY BOZEMAN MT 59715-8767 000RFH8782 5998.212 $15,024.83 $2.5057 LOT 2 BLACKBURN JAMES W III 279 TURTLE WAY BOZEMAN MT 59715-8767 00RFH54980 7440.048 $18,636.46 $2.5058 LOT 3 PICKENS JARRED & SATHER KELSEY 257 TURTLE WAY BOZEMAN MT 59715-8767 00RFH54981 7801.596 $19,542.10 $2.5059 LOT 4 VARNAI CHRISTINE 563 BEAR CROSSING RD GALLATIN GATEWAY MT 59730-9641 00RFH54982 6908.616 $17,305.29 $2.5060 LOT 5 WHEELER JACOB A 213 TURTLE WAY BOZEMAN MT 59715-8767 00RFH54983 7352.928 $18,418.24 $2.5061 OPEN SPACESUNFISH PARK COMMUNITY ASSOCIATION INC.PO BOX 4480 BOZEMAN MT 59772-4480 MS385OPNSP62 (1)Sec 31, T1S, R6EBURLINGTON NORTHERN SANTA FE, LLC LESSEE: MONTANA RAIL LINK2650 LOUMENK DRIVE FORT WORTH TX 76131 215.57 445,517 $136,928.40 $0.3163 (1)Sec 36, T1S, R5EBURLINGTON NORTHERN SANTA FE, LLC LESSEE: MONTANA RAIL LINK2650 LOUMENK DRIVE FORT WORTH TX 76131 75.36 762,288 $47,868.09 $0.06TOTALS6,298.88 4,257,416.07 $4,001,000.00(1) The platted front lineal footage for the Railroad Right-of-Way is as shown on the recorded plats. The property legal descriptions and areas are approximate.(2) Payable in semiannual installments of principal and interest over the term of the bonds.(3) In the event of future subdivision, the dollar amount per square foot of special assessments for properties subject to new subdivison, will be adjusted based on the square footage of the subdivided property subject to assessment. If the total square footage subject to assessment decreases as a result of future subdivision, the dollar amount of the special assessments per square foot will increase. 117
To: Kristin Donald, Finance Director From: Kellen Gamradt, Engineer II
Date: September 16, 2020
Re: Manley Road Improvements - Project Status
BACKGROUND The following is a description of the current status of the improvements to Manley Road and the
estimated date for substantial completion of the project. PROJECT STATUS
The improvements under construction generally consist of removing the existing street section on Manley Road from Griffin Drive, north to the City limits, installing a new street section with gravel base course material, asphaltic cement surfacing, City standard curbs and gutters, pedestrian ramps, traffic control, signage and pavement striping, storm drains, street lights, shared use pathways and all related improvements incidental to construction. The Improvements also include project management, inspection, engineering certification and all necessary permits and appurtenances to complete the work. This project was awarded to Knife River - Belgrade on May 4th, 2020. The city executed a contract agreement with Knife River on May 28th, 2020 and the contractor was given notice to
proceed on June 8th, 2020. The allowable contract time is 150 calendar days and the date for substantial completion is November 4th, 2020. As of August 31st, the contractor has successfully completed approximately $2,350,000 of work out of the total contract amount of $3,768,073
(62.4% completion on a cost basis). Completed work includes: demolition of the existing road section, storm, sewer, and water main improvements, road building, curb, gutter, shared use pathway installation, paving, pedestrian ramps and drive approaches. 85 contract days have
elapsed from the 150 calendar day contract time (56% completion). Based on the work progress to date and discussions with the contractor, I estimate the contractor will achieve substantial completion by October 23rd, 2020.
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