HomeMy WebLinkAboutA1. Resolution 4640, Creation of ACSSD
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Anna Rosenberry, Administrative Services Director
SUBJECT: Public Hearing, Consideration of Protests, and Adoption of Resolution No. 4640 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING THE ARTERIAL AND
COLLECTOR STREET SPECIAL DISTRICT FOR THE PURPOSE OF FUNDING
THE CONSTRUCTION, IMPROVEMENTS, AND MAINTENANCE OF
TRANSPORTATION FACILITIES RELATED TO ARTERIALS AND COLLECTOR STREETS.
MEETING DATE: August 31, 2015
AGENDA ITEM TYPE: Action
RECOMMENDATION: Conduct a public hearing and determine whether valid protests have
been received from property owners representing less than 10% of the annual assessment amount
and if so, Adopt Resolution No. 4640 BACKGROUND: On June 22, 2015 the Commission adopted Resolution 4603, a Resolution
of Intent to Create the Arterial and Streets Collector District. The purpose of this new district is
to fund construction, improvements, and maintenance of transportation facilities related to
arterial and collector streets. More information on the public meetings leading up to the Resolution of Intent can be found at http://www.bozeman.net/Projects/ArterialAndCollectorStreetSpecialDistrict/Home
Tonight is the public hearing for the Commission to consider the protests that have been filed
and, if the statutory thresholds have not been met, to consider creating the District by adopting Resolution No. 4640. Given the statutory timeline for adoption of the Resolution No. 4633 (to follow on the agenda), this is the final night that we could create the district and still assess
residents for this fiscal year.
Process: Creation of the district is controlled by Title 7, Chpt. 11, Part 10, MCA. Creation has required extensive public notice, including mailing city property owners the Notice of the Passage of the Resolution of Intent to create the district, along with instructions how they could
file protest to creation of the district, and a statement that their lack of protest must be considered
support for creation of the district.
Under state law, the District can be created by the following process (summarized). 1. (June 22, 2015) Adoption of a Resolution of Intent to Create the District.
2. (June 26, 2015) Notice of the Passage of the Resolution of Intent was published and
mailed to all property owners in the City, along with a form that could be used to file
a Protest. A list of all property owners and their annual assessment amount was on
file with the City Clerk, for reference. 3. (Ended August 24, 2015) 60-Day Protest Period whereby property owners could file
protests against the creation of the district; and
4. (Tonight, August 31, 2015) Hearing on the Protests Received and Adoption of
Resolution Creating the District (if insufficient protests are received.)
a. If the Commission finds that valid protests have been received from property owners representing less than 10% of the annual assessment amount ($55,500), the Commission may adopt the resolution creating the district.
b. If valid protests are received from property owners representing 10-50%
of the annual assessment amount, the District can only be created by vote. The question would need to be scheduled for an election, at a date to be determined. c. If protests are received from property owners representing more than
50% of the annual assessment amount, the District cannot be created.
Public Information and Communication about the District Creation: In addition to the required
legal notices and mailings, we established a tab on the City’s home web-page that allowed
residents and property owners to view the background information, relevant resolutions, notices,
a calendar of related public meetings, and protest forms, as well as a listing of potential capital
projects that could be funded once the District was created. The information on these pages received over 2,500 hits, with an average of 41 hits/day. The website’s use peaked on June 30th
and July 1st with a total of over 150 hits each day on all pages. Attached are the complete daily
analytics for the web pages.
Protests Received: As of the writing of this memo, the protest period is open. Once the protest
period has closed, we will be providing a final tally of the protests received through
supplemental memorandum on Friday, August 28th. They will be organized according to:
Protest – Valid Protest – Likely Invalid
0
10
20
30
40
50
60
70
80
Arterial & Collector Dist. Home Page Hits
• % of annual assessment amount • % of annual assessment amount
• Count of parcels • Count of parcels
• Reason as to likely invalid
After conducting a public hearing, the Commission must determine whether the protests
submitted comply with the statutory requirements and should therefore be accepted or rejected.
The City Attorney will provide an analysis of the protests for compliance with state law at the hearing.
Protest of Condominium Property: State law requires owners of property in a condominium to
follow specific procedures and submit additional documents in order to file a valid protest. We
received comments from property owners that this process was cumbersome and objectionable. Our written instructions gave the details of how to file a valid protest of condominium property.
Letters of Support Received: While state law requires us to consider that any property not
submitting a protest is in support of the District, there was a “_____ Support” box that could be
checked on the Protest Form. We did not “validate” these submittals, as they are not required by law. We will have a final tally of these forms when the Protest tally is available.
UNRESOLVED ISSUES:
If the District is not created: The District Fund is budgeted to provide the remaining local share for the Davis and Baxter intersection project in FY16. If the district is not created, we will need
to find another source of funds if we want to move forward with that intersection project this
year; we will also need to identify another source of funds for the numerous street projects
requiring local share in the very-near future.
If valid protests total between 10%-50%: If valid protests are received from property owners
representing 10-50% of the annual assessment amount, the District can only be created by vote.
The question would need to be scheduled for an election, at a date to be determined.
ALTERNATIVES: Do not create the district and find other funding sources for street projects; or, do not create the district and forego street improvements.
FISCAL EFFECTS: According to the current recommendation, revenues for the District in
Fiscal Year 2016 will be $555,000; in Fiscal Year 2017 – approximately $1,110,000 (subject to
Commission determination); and in Fiscal Year 2018 – approximately $1,180,000 (subject to Commission determination). It is our intent to continue the district beyond Fiscal Year 2018
with costs for each year to be determined by the Commission. Amounts collected for the District
will be deposited in a separate Special Revenue Fund. The money will be spent according to
capital plans and approved budgets.
The costs of the District will be assessed annually to all owners of real property within the
incorporated city limits based upon the assessable area of each lot or parcel. This is the same
method of assessment as is used for the city’s existing Street Maintenance District assessment,
except that tax-exempt parcels for parks, open space land, and common areas and greenways are excluded.
Below is the estimated cost of the district for the coming Fiscal Year.
Arterial & Collector District Assessments,
estimated
Assessable Area,. Square Feet Annual Cost - FY16
Estimate
Residential Lot - Average 7,500 $ 21.54
Residential Lot – Large 15,000 $ 43.09
Commercial – Schnee’s (35 E Main) 12,000 $ 34.47
Commercial - 777 Building 57,927 $ 166.40
Commercial - Town & Country (N 19th) 68,082 $ 195.57
Commercial - Wingate Hotel 155,858 $ 447.70
Commercial - Bozeman Ford 493,970 $ 1,418.93
Commercial - Gallatin Valley Mall 1,630,015 $ 4,682.21
Attachments: Resolution No. 4640 Web Page Analytics
Report compiled on: August 24, 2015
COMMISSION RESOLUTION NO. 4640
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, CREATING THE ARTERIAL AND COLLECTOR
STREET SPECIAL DISTRICT FOR THE PURPOSE OF FUNDING THE
CONSTRUCTION, IMPROVEMENTS, AND MAINTENANCE OF
TRANSPORTATION FACILITIES RELATED TO ARTERIALS AND
COLLECTOR STREETS.
BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, as follows:
Section 1. Recitals.
WHEREAS, the City of Bozeman, Montana (the “City”) is a self-governing municipality
organized and existing pursuant to its Charter and the laws of the State of Montana; and
WHEREAS, the Bozeman City Commission (the “Commission”) is authorized by Montana
Code Annotated (“MCA”) Title 7, Chapter 11, Part 10, to create special districts to serve the inhabitants
of the special district; and
WHEREAS, on June 22, 2015, upon notice, the Commission adopted Resolution 4603, a
Resolution of Intent to Create the Arterial and Streets Collector District for the purposes of funding
construction, improvements, and maintenance of transportation facilities related to arterial and collector
streets; and
WHEREAS, upon adoption of Resolution 4603 the Commission caused notice of passage of
Resolution 4603 to be published and mailed to property owners as required by law; and
WHEREAS, for 60 days after publishing notice, the Commission received protests from
property owners liable to be assessed for the costs of the District as required by law; and
WHEREAS, ___________ protests were filed within the protest period and such protest
represent _____% of the total estimated costs of the District in accordance with the method of assessment
provided for in the Resolution of Intent; and
WHEREAS, the Bozeman City Clerk published notice of a public hearing on this Resolution on
August 6, 19, and 23, 2015 in the Bozeman Daily Chronicle; and
WHEREAS, on August 31, 2015 the Commission conducted a public hearing to hear comment
on the creation of the District and evaluate submitted protests.
Section 2. Public Hearing; Protests. The Commission has conducted a public hearing and
considered protests submitted in against the creation of the District as well as support letters submitted by
property owners and determines such protests are [sufficient/insufficient] to prevent the Commission from
Resolution 4640, Creation of Arterial and Collector Street Special District
Page 2 of 2
creating the District.
Section 2. Creation of District. The City Commission determines the public convenience and
necessity, as stated in Resolution 4603, requires the creation of the District and as such hereby creates the
District in accordance with Resolution 4603. The findings and determinations made in the Resolution of
Intention are herby ratified and confirmed. A map and description of the boundaries of the District are
attached hereto as Exhibits A and B.
Section 3. Name of District. The District, if the same shall be created and established, shall be
known and designated as the Arterial and Collector Street Special District.
Section 4. Certificate of Establishment. The City Clerk is hereby directed to prepare and deliver
certified copies of this Resolution to the Gallatin County Clerk and Recorder and the Montana Secretary
of State. The City Clerk shall request the Montana Secretary of State issue a Certificate of Establishment
with all due haste certifying the District has been established according to the laws of the state of
Montana.
Section 5. Ratifier. All actions not inconsistent with the provisions of this Resolution heretofore
taken by the City and its employees with respect to the creation of the District are hereby in all respects
ratified, approve, and confirmed.
Section 6. Effective Date. This Resolution shall be in full force and effect from and after its date
of adoption.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 31st day of August, 2015.
____________________________________
JEFFREY K. KRAUSS, Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman,
Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No.
4640. entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CREATING THE ARTERIAL AND COLLECTOR STREET SPECIAL DISTRICT
FOR THE PURPOSE OF FUNDING THE CONSTRUCTION, IMPROVEMENTS, AND
MAINTENANCE OF TRANSPORTATION FACILITIES RELATED TO ARTERIALS AND
COLLECTOR STREETS. 4640 (the “Resolution”), is on file in the original records of the City in
my legal custody; that the Resolution was duly adopted by the City Commission of the City at a
meeting on August 31, 2015 and that the meeting was duly held by the City Commission and
was attended throughout by a quorum, pursuant to call and notice of such meeting given as
required by law; and that the Resolution has not as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof: ____________________________________;
voted against the same: ; abstained from voting thereon: ; or were absent:_____.
WITNESS my hand officially this 31st day of August 2015.
__________________________________
STACY ULMEN, CMC
City Clerk
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6/24/2015 11 5 4 4 5 296/25/2015 29 3 13 4 3 526/26/2015 26 5 11 2 5 496/27/2015 20 4 1 3 3 316/28/2015 13 1 0 0 0 146/29/2015 27 9 18 7 8 696/30/2015 76 16 29 9 22 1527/1/2015 75 21 46 3 25 1707/2/2015 29 8 26 3 9 757/3/2015 23 5 1 3 6 387/4/2015 15 2 5 4 3 297/5/2015 17 5 4 4 4 347/6/2015 51 5 44 7 11 1187/7/2015 29 2 13 1 4 497/8/2015 33 0 11 1 11 567/9/2015 27 3 7 4 5 467/10/2015 25 5 7 4 6 477/11/2015 13 2 3 1 5 247/12/2015 10 0 3 1 2 167/13/2015 41 6 23 6 10 867/14/2015 22 3 12 3 6 467/15/2015 24 3 8 3 4 427/16/2015 17 1 2 2 2 247/17/2015 23 3 6 3 3 387/18/2015 12 1 1 1 1 167/19/2015 17 7 7 2 6 39Arterial and Collector Street Special District Webpage Hits
Arterial and Collector Street Special District Webpage Hits7/20/2015 30 3 9 2 3 477/21/2015 23 4 12 1 2 427/22/2015 29 3 10 2 5 497/23/2015 22 4 5 5 5 417/24/2015 16 1 2 2 4 257/25/2015 14 2 2 3 3 247/26/2015 16 3 3 2 3 277/27/2015 18 1 6 1 1 277/28/2015 28 6 16 5 9 647/29/2015 13 3 5 2 1 247/30/2015 13 4 6 3 4 307/31/2015 22 4 4 4 4 388/1/2015 10 2 1 2 3 188/2/2015 17 5 2 4 5 338/3/2015 16 4 5 2 4 318/4/2015 12 1 7 2 2 248/5/2015 34 2 10 6 4 568/6/2015 28 5 11 4 6 548/7/2015 24 3 6 2 3 388/8/2015 8 1 2 1 1 138/9/2015 10 2 1 1 1 158/10/2015 22 1 9 1 3 368/11/2015 32 1 32 3 1 698/12/2015 15 3 2 4 4 288/13/2015 12 1 2 3 5 238/14/2015 27 5 11 6 3 528/15/2015 8 0 1 0 0 98/16/2015 10 0 0 0 2 128/17/2015 28 2 7 2 3 428/18/2015 23 2 11 3 3 428/19/2015 10 1 4 1 6 228/20/2015 11 1 0 1 4 178/21/2015 20 2 5 2 2 318/22/2015 9 0 0 0 1 108/23/2015 4 0 0 0 0 48/24/2015 9 1 2 0 1 13Total Hits1348 208 516 167 280 251922 3 8 3 5 41
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