HomeMy WebLinkAbout04-28-20 Correspondence - BarTimCo Properties, LLC to Mehl - Nelson Meadows Subdivision Application BA NA D
eoi:i e bu a itla for People.
April 28, 2020
Mr. Chris Mehl
Mavor. City- of Bozeman
121 N Rouse Ave.
Bozeman, MT 5971
Re: Nelson Meadows
Subdivision Application
Dear Chris.
As I mentioned last week in my voice mail, after more than two years of applications and construction, we are
now ready to file our application for Final Plat Approval. The following issues have been in discussion with
various members of Citv staff for over eight months and to date none are fiill`7 resolved:
1 . Cash in lieu of infrastructure improvements.
... the applicant must provide a cash-in-lieu ol'infrastnicture )aymentfor their proportional share ol
the water main (either the cost of the crossing use the City 's minimum water main size or the cost an
(sic) acceptable alternative secondary water sivem connection as determined by the C'it�� 's
Engineering Dwartmeno cis per 111-) ' Section 38. 270. 070. In clddition, the connection point must be
included in the design to the subdivision '.s distribution system.
Although Nve agree with the Cit`-'s estimate of our "in lieu'' share W50.769.38), we want to understand
the mechanism the Cite will employ to refund our in lieu fee if the Citv is not able to complete the
water line in time to serve our development and we are forced to install a connection to the Citv's water
treatment plant at Springhill Road.
2. Final Plat approval granted prior to of connectors for water and sewer.
Cite of Bozeman Engineering's Condition 6.A.iv states "Should the Ory 's project not be completed
prior to occupanci. ol'a building in the subdivision... " Although CAN., staff in a later memo suggested
a "no build" restriction, we are requesting a return to the original agreement with planning staff wherein
a ``no certificate of occupancv" restriction would be recorded on the title of each lot within the
subdivision until water and sewer sx,stems are connected. This would expedite a lot buver's occupancy.
and Cite revenue, by a minimum of 12 months.
3. Costs incurred to provide City with "over-standard" improvement will be reimbursed in
the form of Impact Fee Credits.
On September 16, 2019 we presented to City Staff an application summary for Impact Fee Credits that
identified seven (7) infrastructure improvements and land donations that were required by the Cite and
acknowledged to be in excess of City standard improvements for the impacts of our subdivision, but
required to facilitate the City s future development. we agreed to provide the over-standard items in
BARNARD INVESTMENTS, LLG
701 Gold Avenue, Bozeman, NIT 69715 1 Phone: 406.586.1995 1 Fax: 406.686.3530 1 barnard-inc.com
BARNARD
exchange for Impact Fee Credits. These seven items amounted to $ 1 ,79>,944. 14 based upon invoices,
not estimates.
No response was received until February 20, 2020 when we were informed that a Fee Advisory
Committee meeting had been held on November >. 2019 to discuss our application for Impact Fee
Credits. (We were not invited to attend this meeting nor informed of the Committees' meeting
schedule.) We were informed that during the November meeting, only one ( 1 ) of the seven (7) items
requested was approved in an amount of $339,363 .00. The remaining 6 items were rejected by the Fee
Advisory Committee or judged not eligible' by, City staff.
We do not agree with the City''s findings and would like to discuss our request for Impact Fee Credits
with you and the Cite Attorne- .
4. Developer has a right to provide "completion bonds" for work approved by City that will
be completed after the Final Plat Approval.
On 12/ 13/ 19 we filed at Certificate for Installed Improvements Agreement with the Cite in the amount
of$ 1 ,297.63 .93 with the intent to deliver a Letter of Credit to the Citv to the Cite to p
guarantee avment
g
of six yet-to-be completed infrastructure items totaling $ 865,090.25 of work to be completed after
receiving Final Plat Approval. To date we have never received a response from the City accepting our
filing. We believe that all but one of the items will be completed by May 15. 2020, prior to the receipt
of Final Plat approval. The completion of the landscape installation ($365,725 .62) is scheduled to be
completed by June 1 , 2020.
Chris, we look for«-ard to the opportunity to discuss these items with you in the near future. Thank you for your
assistance in this matter.
Yours very, truly,
B TimCo Properties, LLC
Ke erselis
BARNARD CONSTRUCTION COMPANY. INC.
701 Gold Avenue. Bozeman, MT 597151 Phone: 408.686.199115, 1 Fax: 406.686,3530 1 barnard-inc.com