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HomeMy WebLinkAboutModification of North Seventh Ave. Lighting District 460_201 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Keri Thorpe, Assistant Planner SUBJECT: Public Hearing and Decision on Written Protests for Modification of North 7th Avenue Special Improvement Lighting District No. 460 MEETING DATE: August 6, 2012 AGENDA ITEM TYPE: Action RECOMMENDATION: Finding the written protests to modify Special Improvement Lighting District (SILD) No. 460 for improvements to the North 7th Avenue street light system do not amount to the number of protests required by Montana Code Annotated, adopt a motion to pass on all protests, determine modification of SILD No. 460 to be in the public interest, and by doing so, authorize the modification. RECOMMENDED MOTION: Having conducted a public hearing after the expiration of the time for written protests against the modification of the North 7th Avenue Special Improvement Lighting District (SILD) No. 460 to be filed with the City Clerk and having reviewed all written protests to the modification of SILD No. 460 and finding the written protests do not amount to the number of protests required by Section 7- 12-4305(1-3), MCA, to bar the Commission from modifying SILD No. 460, I hereby move the Commission pass on all protests, determine modification of SILD No. 460 to be in the public interest, and instruct the City Manager to move forward with the modification. INTRODUCTION: The purpose of this agenda item is for the Commission to conduct a public hearing and review written protests to the modification of proposed SILD No. 460 (the “SILD”) and to determine whether submitted protests are sufficient to bar the Commission from moving forward with the proposed SILD modification. If the Commission determines the number of protests is not sufficient to bar moving forward with the SILD modification, the Commission may instruct the City Manager to proceed with the installation of the new light fixtures. Its decision shall be final and conclusive. Upon hearing and passing on all protests, this will be the last time the City Commission will hear proceedings on this SILD modification. A resolution levying assessments for all special improvement lighting districts is presented to the Commission on an annual basis and the change in the assessments for SILD No. 460 will be incorporated therein. 293 2 BACKGROUND: On July 1 6, 2012, the Commission adopted Commission Resolution No. 4388, a Resolution of Intent to Modify SILD No. 460 (the “SILD”), for the purpose of authorizing the installation of new light fixtures and underground wiring in a portion of the SILD. The proposed modification to the SILD will result in an increased annual assessment for power and maintenance on those property owners located within the modified portion of the SILD. Based on engineering and analysis provided by Morrison-Maierle, Inc. the annual assessment for the modified portion will increase from $1.03 per lineal foot to $1.25 per lineal foot. The assessment for the unmodified portion will remain $1.03 per lineal foot. Installation of the new light fixtures is being funded by the North 7th Avenue Urban Renewal District. Upon adoption of the Resolution of Intent and as required by State law, the City Clerk mailed a copy of a Notice of Passage of the Resolution of Intent to every property owner within the SILD on July 17th, 2012. The Notice of Passage of the Resolution of Intent was also published twice in the Bozeman Daily Chronicle, on July 22nd and 29th, 2012. Opportunity to Submit Written Protests: Pursuant to State law, property owners within the proposed SILD have fifteen (15) days from the date of the first published Notice of Passage of Resolution of Intent to formally protest the modification of the SILD. Every protest must have been submitted in writing, identify the property in the district owned by the protestor, and be signed by all the owners of the property. The protest must have been delivered to the City Clerk not later than 5 pm on the last day within the protest period, which ended on Monday, August 6th, 2012. Public Hearing to Review Protest Received: Pursuant to Sect. 7-12-4305, MCA, the City Commission must “hear and pass upon all protests made” at the next regular meeting of the Commission following the end of the protest period and its decision shall be final and conclusive. This is the action the Commission is required to take under this agenda item. The purpose of this agenda item is to determine if sufficient written protests have been made by the owners of property in the district to be assessed a higher amount if located in the area of the district proposed for modification. Property owners located within SILD No. 460 pay $1.03 per lineal foot of their property for electricity and maintenance costs annually. Those property owners within the area proposed for modification will pay $1.25 per lineal foot following the installation of the new fixtures. If adequate protest has not been received, the Commission should then consider whether or not to adopt a motion to pass on all protests, determine if the modification of SILD No. 460 is in the public interest, and instruct the City Manager to move forward with the installation of the new light fixtures. 7-12-4305. Consideration of protest. (1) At the next regular meeting of the city council after the expiration of the time within which said protests may be made, the city council shall proceed to hear and pass upon all protests so made, and its decision shall be final and conclusive. When the protest is against the proposed work and the cost thereof is to be assessed upon property embraced within the boundaries of the district and if the city council finds that such protest is made by the owners of a majority of the property embraced within the district to be assessed for the proposed work, no further proceedings shall be taken for a period of 6 months from the date when said protest was received by the city clerk of said city council. (2) In determining the sufficiency of protest, each protest shall be weighted in proportion to the amount of the assessment to be levied against the lot or parcel with respect to which it is made. (3) In determining whether or not sufficient protest has been filed in a proposed district to 294 3 prevent further proceedings therein, property owned by a county, city, or town shall be considered the same as other property in the district. This will be the last public hearing on the modification to SILD No. 460. If the City Commission decides to pass on all protests, the modification will be approved and the City Manager is then instructed to move forward with the installation of the new light fixtures. Following installation of the new lights, the new assessment for SILD No. 460 will be incorporated into the annual levying and assessing of costs for all special improvement lighting districts. This is done by resolution and typically occurs in September or October each year. No written protests have been received as of the writing of this memo. Any written protests received after the date of this memo will be forwarded to the City Commission. UNRESOLVED ISSUES: There are no unresolved issues related to the protest period. ALTERNATIVES: The Commission could determine to accept the protests, and while those protests are not legally sufficient to bar the Commission from proceeding on modifying the SILD, the Commission could choose to not modify the SILD and not proceed with the improvements at all (cancelling the installation of the new light fixtures on North 7th Avenue between Oak Street and the centerline of Juniper Street). FISCAL EFFECTS: As described herein. Memo prepared on: July 26, 2012 295