HomeMy WebLinkAboutResolution No. 4104 Westphal Tax Abatement 8
co Commission Memorandum
REPORT TO: I lonorable%favor&City Commission
FROM: The Bozeman Ilistoric Preservation advisory Board
Courtney Kramer,_kssistant Planner for I listoric Preservation&Staff Liaison to the BI IPAB
SUBJECT: Westphal Tax abatement for I listoric]'reservation Commission Resolution
MEETING DATE: i\Ionday, 1\1av 19,2008
RECOMMENDATION: approve Commission Resolution Number 4104 authorizing the tax benefits set forth in 15-
24-1601 Montana Code annotated and City Commission of the City of Bozeman Resolution number 2766 for those
improvements made through preservation,restoration,rehabilitation and reconstruction of the property at 519 South
Tracy avenue,a property which contributes to the Bon Ton I listoric District,on the National Register of historic Places,
effective 2008 for a duration of five years.
BACKGROUND: On February 11,2008 the Bozeman City Commission voted 5-0 to abate one hundred percent of
the increase in taxes for the property at 519 South Tracy avenue,as authorized by 15-24-1601 i\Iontana Code annotated
and City Comnussion of the City of Bozeman Resolution number 2766,for a period of five years.Per the State Statutes,
the Montana Department of Revenue cannot process the request unless it is in the form of a Connnission Resolution.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues at this time.
FISCAL EFFECTS: In 2005,before alteration,the property at 519 South Tracy Avenue was assessed $3,335.72
in Total Taxable Value. Under state statute the tax abatement offers to pause taxes paid on mills levied for local
goverment and schools.The 2006 tax assessment-paid in 2007-was completed when the structure was gutted as a
part of construction. Thus Staff is unable to estimate the amount of increase the City Commission will be abating.
State statute does cap the abatement at 100%of the increase,thus the most the City of Bozeman can pause is
$3,335.72.
It should be noted that at this time neither the state statute or commission resolution discuss monetary amounts or
financial need as a qualification and the state appraiser has final say in the actual dollar amount of the abatement.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Courtney Kramer at ckramer0bozeman.net if you have any questions prior to the public
meeting.
APPROVED BY: Andrew Epple,Planning Director
Chris Kukulslsi,City i\]anager
Memorandum edited on January 16,2008
COMMISSION RESOLUTION NO. 4104
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, ABATING ONE HUNDRED PERCENT OF THE
INCREASE IN TAXES FOR A PERIOD OF FIVE YEARS TO PAMELA
WESTPHAL FOR THE PROPERTY AT 519 SOUTH TRACY AVENUE,
EFFECTIVE 2008 FOR A DURATION OF FIVE CONSECUTIVE YEARS
AS AUTHORIZED BY 515-24-1601 MONTANA ANNOTATED ET SEQ.
FOR HISTORIC RESIDENTIAL AND COMMERICAL PROPERTIES
UNDERGOING REHABILITATION, RESTORATION, EXPANSION OR
NEW CONSTRUCTION MEETING THE CRITERIA ESTABLISHED BY
515-24-1605 AND/OR 15-26-1606, AS WELL AS CITY COMMISSION OF
THE CITY OF BOZEMAN,MONTANA,RESOLUTION NO.2766.
WHEREAS,the City Commission determines that it is in the public's interest to encourage the
preservation, restoration, rehabilitation and reconstruction of certified historic, commercial and
residential properties or new construction that meets design review criteria compatible with an historic
district by conferring said tax benefits on improvements from those preservations, restorations,
rehabilitations and reconstructions involving certified historic properties and districts; and
WHEREAS, on December 31, 2007 the City of Bozeman received a request for tax abatement
for historic preservation from Pamela Westphal for the rehabilitation, restoration and expansion of her
residence at 519 South Tracy Avenue, Bozeman, Gallatin County, Montana; and
WHEREAS, the Montana Historical and Architectural Inventory indicates the property at 519
South Tracy Avenue contributes to the Bon Ton Historic District on the National Register of Historic
Places; and
WHEREAS, the restoration and expansion of the property received a Certificate of
Appropriateness from the City of Bozeman's Department of Planning and Community Development on
July 5, 2006; and
WHEREAS, on January 31, 2008 the Bozeman Historic Preservation Advisory Board
reviewed the application for tax abatement for historic preservation under 15-24-1601 Montana Code
Annotated and City Commission of the City of Bozeman Resolution No. 2766, as well as the Secretary
of the Interior's Standards for Historic Preservation and requirements for federal tax credits for historic
preservation, and found the nature of the preservation, restoration, rehabilitation and reconstruction and
expansion to be in keeping with all ten of the Secretary of the Interior's Standards for Historic
Preservation, and voted to advise the City Commission approve the tax abatement requested; and
WHEREAS, on February 11, 2008 the City Commission of the City of Bozeman, Montana,
reviewed the tax abatement application and similarly the nature of the preservation, restoration,
rehabilitation and reconstruction and expansion to be in keeping with all ten of the Secretary of the
Interior's Standards for Historic Preservation, and so voted the property had undergone significant
reinvestment, and the City Commission voted 5-0 to abate one hundred percent of the increase in taxes
for the property at 519 South Tracy Avenue, as authorized by 15-24-1601 Montana Code Annotated
and City Commission of the City of Bozeman Resolution No. 2766, effective 2008 for a period of five
years.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana does hereby approve the tax benefits set forth in said statutes for those improvements made
through preservation, restoration, rehabilitation and reconstruction of the property at 519 South Tracy
Avenue, a property which contributes to the Bon Ton Historic District, on the National Register of
Historic Places, effective 2008 for a period of five years.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 19`t' day of May 2008.
KAAREN JACOBSON
Mayor
ATTEST:
STACY ULMEN
City Clerk
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APPROVED AS TO FORM:
PAUL J. LUWE
City Attorney
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