HomeMy WebLinkAbout11-24-20 City Commission Packet Materials - C2. Accept Easement from MDT for E Main St
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Shawn Kohtz, City Engineer SUBJECT: Authorize acceptance of an easement from Montana Department of Transportation (MDT): E. Main Street Easement to Accommodate the
Front Street Sanitary Sewer Interceptor
MEETING DATE: November 24, 2020
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: Approve acceptance of the easement as defined in the attached
documentation and authorize the City Manager to sign the Montana Department of Transportation Supplemental Right-of-Way Agreement BACKGROUND: To advance the Front Street Interceptor Sanitary Sewer Project, the City
entered into a memorandum of agreement (MOA) with MDT per the
Commission Action defined in this link: http://weblink.bozeman.net/WebLink8/0/doc/213455/Electronic.aspx The MOA with MDT indicates, “The CITY agrees to pay MDT the appraised cost of the “new” easement area. Upon review and approval of
the appraisal by MDT, the CITY must pay 95% of the market value of the “new” easement area within 30 days of its receipt of the invoice from MDT.” The new easement area refers to a small easement along E. Main Street needed to construct the Front Street Sanitary Sewer Interceptor.
As a separate item, the City dedicated one foot of right-of-way to MDT on Rouse Avenue per the attached document to allow for construction of a 6-foot sidewalk adjacent to the Bozeman Public Safety Center.
The value of the right-of-way dedication on Rouse Avenue is $3,910, and
the value of the easement along E. Main Street is $3,825 per the attached Memorandum from MDT. The requested action is to accept a donation of the easement in-kind to the donation of R/W the City previously donated to MDT.
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
AGENDA
Tuesday, November 24, 2020
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Stream this meeting here.
A. Call to Order – 6:00 PM – Webex Videoconference
B. Pledge of Allegiance and a Moment of Silence
Bozeman City Commission Meeting Agenda, November 24, 2020
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C. Changes to the Agenda
D. FYI
E. Commission Disclosures
F. Consent
1. Accounts Payable Claims Review and Approval (Yeykal)
2. Authorize Acceptance of an Easement from Montana Department of Transportation (MDT)
for E. Main Street Easement to Accommodate the Front Street Sanitary Sewer Interceptor
(Kohtz)
3. Authorize the City Manager to Sign a Cityworks License and Maintenance Agreement
Renewal (Henderson)
4. Authorize the City Manager to Sign a Professional Services Agreement for Cityworks Support
with GIS Inc. (Henderson)
5. Authorize the City Manager to Sign a Grant Agreement with Human Resource Development
Council IX (HRDC) for the Reimbursement of Construction Costs Associated with the
Preservation of Darlinton Manor and Boulevards Apartments as Affordable Rental Homes
(Andreasen)
6. Resolution 5225, Intent to Vacate and Abandon City Rights-of-way in Tract 1, Lots 1-3 of the
Gardner-Simmental Plaza Subdivision and Direct Staff to Bring Back a Final Resolution to
Discontinue the Subject Street Rights-of-way (Gamradt)
Consider the motion: I move to approve Consent Items 1-6 as submitted.
G. Public Comment - Please state your name and address in an audible tone of voice for the record. This
is the time to comment on any matter falling within the scope of the Bozeman City Commission. There
will also be time in conjunction with each agenda item for public comment relating to that item but
you may only speak once. Please note, the City Commission cannot take action on any item which
does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and
courteous manner and members of the audience shall be respectful of others. Please limit your
comments to three minutes.
H. Mayoral Proclamation
1. Small Business Saturday (Andrus)
I. Action Items
1. Ordinance 2055, Final Adoption Creating the Pole Yard Urban Renewal District and Adopting
Bozeman City Commission Meeting Agenda, November 24, 2020
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the Revised Pole Yard Urban Renewal District Plan with a Tax Increment Financing Provision
(Fontenot)
Consider the Motion: I move to approve Ordinance 2055, Final Adoption Creating the Pole Yard Urban
Renewal District and Adopting the Revised Pole Yard Urban Renewal District Plan with a Tax Increment
Financing Provision.
2. Resolution 5220 Amending the FY21 Budget to increase the Community Housing Fund
Appropriation for $500,000 for Funding an Affordable Housing Project Grant (Donald)
Consider the Motion: I move to approve Resolution 5220 amending the FY21 Budget to increase the
Community Housing Fund appropriation for $500,000 for funding affordable housing project grant.
3. Resolution 5230 Amending the FY21 General Fund Budget for the Purpose of Using CARES Act
Reimbursement Funds for COVID Relief Grants (Rosenberry)
Consider the Motion: I move to Approve Resolution 5230 Amending the FY21 General Fund Budget for the
purpose of using CARES Act Reimbursement funds for COVID Relief grants.
4. Presentation of the FY2022 – FY2026 Capital Improvement Plan Introduction and Public
Works Funds (Donald)
No action necessary.
5. Appointments to the Design Review Board (Maas)
Consider the Motion: I move to appoint one member to the Design Review Board, non-professional
position, and one member to the Landscape Architect or Design position, both terms expiring June 30,
2022.
J. FYI/Discussion
K. Adjournment
Stream this meeting here.
View past City Commission agendas here.
View City Commission final approved minutes here.
City Commission meetings are open to all members of the public. If you have a disability that requires assistance,
please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Bozeman City Commission Meeting Agenda, November 24, 2020
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Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City
Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10
a.m. and Sunday at 2 p.m.
In order for the City Commission to receive all relevant public comment in time for this City Commission
meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on
the day of the meeting. Public comment may be made in person at the meeting as well.
FISCAL EFFECTS: None
ALTERNATIVES: As suggested by the City Commission.
Attachments: Memorandum from Therese Iwaniak, District R/W Supervisor at MDT,
dated 8/10/20, titled “4803-044 Rouse Ave – Bozeman, Parcel 80.1A
Supplemental Agreement for Land Exchange – Exchange Property
Valuations”
State of Montana Right-of-Way Agreement, dated 3/31/20
State of Montana Department of Transportation Right-of-Way Agreement
Supplemental
Report compiled on: 11/10/20
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Memorandum
To: Rob Stapley, Right-of-Way Bureau Chief
Thru: Bill Fogarty, District Administrator
From: Therese Iwaniak, District R/W Supervisor
Date: 08/10/2020
Subject: 4803-044 Rouse Ave – Bozeman, Parcel 80.1A Supplemental Agreement
for Land Exchange – Exchange Property Valuations At the City of Bozeman’s request, plans were modified for the above project to accommodate
sidewalk changes desired for their Bozeman Safety Center development on Rouse Avenue. Since the changes resulted in sidewalk outside of the existing right-of-way, additional right-of-way was necessary for the project. On March 31, 2020, the City of Bozeman entered into a
Right-of-Way Agreement to donate the additional 460 sf right-of-way needed. The deed was filed on July 14, 2020 as Document No. 2689189. As the City’s design proceeded on their Front Street Interceptor Sanitary Sewer Main Replacement, it was discovered that a portion of the
proposed facility would be outside of the existing utility permit area or an existing sewer easement. As part of the Memorandum of Understanding between the City and MDT, the City agreed to appraise the 1,294 square foot “new” area outside of the permit area and compensate MDT accordingly. MDT agreed to prepare the utility easement for the 30’ x 141.67’, or 4,250.1 square foot easement area necessary for the sewer main. Due to the costs and time involved in contracting an appraisal and for the mutual benefit of the agencies, the City requested that MDT retroactively consider an exchange of property interests relative to the two projects. City of Bozeman Safety Center Property
The City of Bozeman property conveyed to MDT is located at 907 N Rouse Avenue and is described as a portion of land within Lots 12, 11, 10, 9, 8 and 7, Block 28, of the Amended Plat of Blocks 14,15 and 28 of IMES’ Addition to Bozeman, Montana. According to DOR the tract is 7.831 acres. In 2014 the land value was appraised at $3.50/sf. Based upon an analysis of high density residential and commercial sales and listings ranging in size from 5 to 10-acres in the Bozeman city limits, the estimated value of this property is $8.50/sf, or 460 sf x $8.50/sf = $3,910.00
Butte District Office PO Box 3068 Butte, MT 59702–3068
Montana Department of Transportation N 10
Montana Department of Transportation Property – East Main Street
The MDT property needed by the City of Bozeman for its Front Street Interceptor Sanitary
Sewer Main Replacement is located on the north side of East Main Street just east of Haggerty Lane and is located in the W½ of Section 8, T2S, R6E, Gallatin County. Per measuring tools, the portion of the property north of East Main Street and west of I-90 is roughly 18.7 acres. Of
this roughly 4 acres are encumbered with I-90. Based on analysis of Bozeman area residential and commercial sales between 12 and 20 acres in size, the estimated value of this property is $1.00/sf, or 4,250 sf x $1.00/sf x 90% = $3,825.00.
Given the property needed to finalize the aforementioned public infrastructure projects and the similarity in value of those needs, it is in the mutual interest of MDT, the City of Bozeman, and the public to exchange the herein described property interests. Attachments: Doc. 2689189 Quitclaim Deed from City of Bozeman to MDE filed July 14, 2020 Unfiled Utility Easement from MDT to City of Bozeman N 11
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STATE OF MONTANA DEPARTMENT OF TRANSPORTATION
(hereinafter referred to as State, Department, Grantee, and/or MDT) RIGHT-OF-WAY AGREEMENT
SUPPLEMENTAL
ROW\FORMS\ACQ\200 (Revised 2-8-2013) PE PROJECT ID: STPP 86-1(30)0
Rouse Ave - Bozeman R/W PROJECT ID: STPP 86-1(44)0 DESIGNATION Gallatin UNIFORM PROJECT No.: 4805-044
COUNTY
Parcel From Station To Station Subdivision Section Township Range 80.1A 44+15±LT *10+00±LT 47+14±LT 12+65±LT Lots 1 - 12, Blk 28, Imes’ Addition to Bozeman 6 2S 6E
907 N Rouse, at NW corner of Rouse Ave and *E Tamarack St List Names & Addresses of the Grantors (Contract Purchaser, Contract Seller, Lessee, etc.) OWNER(S): City of Bozeman PO Box 1230 Bozeman MT 59771 Chuck Winn o: (406) 582-2307; c: (406) 581-0020
LESEE(S): N/A
1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this agreement, the parties bind themselves and their successors to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. This agreement is effective upon execution by the Acquisition Manager or a designated representative, and possession of the property is granted to the Department when the conveyance documents are filed in Gallatin County. Grantors certify that any encumbrances on the property are shown on this agreement. If Grantors sell their remaining property prior to the highway project being constructed, Grantors agree to provide the Purchaser(s) with a copy of this entire Right-of-Way Agreement and agree to make the sale of their remaining property subject to all the terms and conditions contained in this Right-of-Way Agreement. Grantors contract that they will, on Department’s request, execute deeds and/or easements required by Department for all real property agreed to be conveyed by this agreement. 2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acreage and improvements to be acquired.) 460± sf land for necessary right-of-way from Bozeman Safety Center property (Tract B referred to below) None
3. OTHER COMPENSATION:
LESS value of MDT’s 4,250.10* sf sewer easement for Front Street Interceptor Sanitary Sewer Main Replacement (Tract A referred to below) None
*As part of the City/State Memorandum of Agreement Front Street Interceptor Sanitary Sewer East Main Street Crossing – May 2020, the City agreed to appraise the 1,293.957 sf “new easement area” outside of the 2,956.143 sf
“current permit area” and compensate MDT accordingly. Since the current permit area is not a permanent land interest, MDT agreed to prepare the utility easement for the 30-ft x 141.67-ft, or 4,250.10 sf easement area necessary for the sewer main. 4. TOTAL COMPENSATION (includes all damages to the remainder): $0 5. IT IS UNDERSTOOD AND AGREED THE STATE SHALL MAKE PAYMENT AS FOLLOWS: N/A 6. The purpose of this agreement is to modify the terms of the conveyance of right-of-way from a donation to a land exchange, at the request of the Grantor. All other terms and conditions of the Right-of-Way Agreement signed March 31, 2020, remain the same.
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R/W Project ID: STPP 86-1(44)0 Parcel No.: 80.1.A (Continued from Previous Page)
Page 2 of 5
7. In lieu of compensation, the parties agree to exchange property as outlined herein. Exchange Agreement: IT IS UNDERSTOOD AND AGREED THAT THE MONTANA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as MDT, and CITY OF BOZEMAN, hereinafter referred to as CITY OF BOZEMAN, AGREE TO EXCHANGE PROPERTY AS FOLLOWS: TRACT A (MDT property):
A strip of land 30 feet X 141.67 feet situated in the NE¼SW¼ of Section 8, Township 2 South, Range 6 East, P.M.,M., Gallatin County , Montana as shown by the area outlined in bold black dash lines on Exhibit A, consisting of 1 sheet attached hereto and made a part hereof, containing an area of 4,250.10 square feet, more or less. TRACT B (CITY OF BOZEMAN property):
Parcel No. 80.1A on Montana Department of Transportation Project STPP 86-1(44)0, as shown on the Right-of-Way plan for said project recorded in the office of the County Clerk and Recorder of Gallatin County, Montana. Said parcel is also described as a tract of land within Lots 12, 11, 10, 9, 8 and 7, Block 28, of the Amended Plat of Blocks
14,15 and 28 of IMES’ Addition to Bozeman, C-41-K in Gallatin, Montana, according to the official plat thereof, on file and of record in the office of the Clerk and Recorder of Gallatin County, Montana, as shown by the shaded area on the plat, consisting of 1 sheet, attached hereto and made a part hereof, containing an area of 460 sf, more or less. The parties recognize and agree that state law allows MDT to exchange property for highway purposes; therefore, the parties agree as follows: It has been determined that the estimated values of the exchange tracts are of equal value. Title Commitments and/or Title Insurance are hereby waived. 8. It is understood and agreed that MDT will execute and file the Utility Easement in the Gallatin County Clerk &
Recorder’s office for recordation.
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R/W Project ID: STPP 86-1(44)0 Parcel No.: 80.1.A (Continued from Previous Page)
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THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON THE DATES SHOWN:
Grantor’s Statement: We understand that we are required by law to provide our correct taxpayer identification number(s) to the Montana Department of Transportation and that failing to comply may subject us to civil and criminal penalties. We agree to provide our correct taxpayer identification number(s) by submitting a completed and signed W-9 or W-8 form. We further agree and authorize MDT to process the payments outlined in this agreement by withholding a percentage of the payments as required by the IRS if we fail to submit the W-9 or W-8 forms within 30 days of signing this agreement. CITY OF BOZEMAN Signature: Jeff Mihelich, City Manager (Date) Signature: (Date) Signature: (Date) Signature: (Date)
RECOMMENDED FOR APPROVAL: APPROVED FOR AND ON BEHALF OF DEPARTMENT: Therese Iwaniak, Right-of-Way Agent (Date NSOP items approved, if applicable (Date) Consultant Project or R/W Manager, if applicable (Date) Therese Iwaniak, District R/W Supervisor (Date) Jerilee Weibel, Acquisition Manager (Date)
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R/W Project ID: STPP 86-1(44)0 Parcel No.: 80.1.A (Continued from Previous Page)
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TRACT A
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R/W Project ID: STPP 86-1(44)0 Parcel No.: 80.1.A (Continued from Previous Page)
Page 5 of 5
TRACT B
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