HomeMy WebLinkAbout12-03-20 Public Comment - D. Landis - SID 762 S. 6th AveFrom:Shawn Kohtz
To:Jacquelyn Landis
Cc:Jeff Mihelich; Mitch Reister; Anna Rosenberry; Kellen Gamradt; Katherine Maines
Subject:RE: South 6th Street Reconstruction
Date:Thursday, December 3, 2020 5:07:17 PM
Dear Mr. Landis,
Thank you for the additional clarification. I think I can clear up some misperceptions thatshould help assuage your concerns.
Funding Considerations
Assuming the neighborhood advances the street project, the City will use City water and sewer
funds to replace the water and sewer mains under the street in 6th Avenue in conjunction with
the street work. The existing mains are over 100 years old and need to be replaced, which willmake your water and sewer service more reliable, and we are taking advantage of the
construction efficiencies of rebuilding the water and sewer pipes while the street is beingreconstructed. Therefore, the special improvement district, funds the local residents are
paying to help reconstruct the street, will not be used to pay for the water and sewer mainreplacements.
Impacts to Your Water and Sewer Pipe Connections to the Mains in the Street
When the water and sewer mains are replaced, the water and sewer service pipes from yourhouse will be disconnected at the mains, the mains will be replaced with new mains, and your
water and sewer services will be reconnected. Your new service pipes will be disconnectedand subsequently reconnected immediately adjacent to the mains. The investments that you
have noted in your email will not be removed or replaced with this project. Therefore, neitherthe City nor the homeowners are having to pay twice for a recent improvement. The
disconnect and reconnect of your water and sewer pipes at the mains will not make your waterand sewer pipes weaker in any way, nor will it cause your water line to be more likely to break
or leak. There is no need for “fair resolution for damage”, because the connections to the newwater and sewer mains will be brand new when the work is complete.
To reiterate, the residents on S. 6th will not be paying for the water and sewer main
replacement costs or for the cost to temporarily disconnect and reconnect the water and sewerservices at the mains. Your investment will not be lost nor paid for twice. Your investment
will be retained with this project.
Thanks,
Shawn
City of Bozeman MT
Shawn Kohtz, PE
City Engineer
406.582.2280
skohtz@bozeman.net
From: Jacquelyn Landis <sweetgrass81@mac.com>
Sent: Tuesday, December 1, 2020 8:27 PM
To: Shawn Kohtz <SKohtz@BOZEMAN.NET>
Cc: Jeff Mihelich <jmihelich@BOZEMAN.NET>
Subject: Re: South 6th Street Reconstruction
Dear Mr Kohtz, Thank you for your reply. I understand that I will be obligated to participate in the SID. Ithought it would be helpful to explain my concerns in more detail. 1. The street excavating contractor will have to cut my new sewer line and my new water linein order to excavate the street. On or about October 23, 2019, I paid $2000 for a new 100 foot PVC sewer line. In addition, Ipaid another $1373 for the water and sewer mainline taps and caps. In addition, I paid $1458for a new 1” copper waterline. In addition, I paid $2400 for a mini excavator, $3570 for adump truck, $750 for street paving, $320 for road closure signage, $900 for a trailer, $500 fora plumber. I understand that the 10 feet under the street is the city right of way. However, Istill paid with my own funds to connect to the city mains. Now at least 10 feet will be cut offfrom a new sewer line and at least 10 feet will be cut off from the new water line and mypayments ($200+$1373+$1458+$2400+$3570+$750+$320+$900+$500) will have beenwasted. How many other home owners on S6th will have to pay twice to have their sewer and waterlines installed? 2. My new water line will be compromised and made weaker when the city contractor cuts offthe line under the street. My new water line will be more likely to break, to leak etc. Copper isvery expensive. 3. I am seeking some fair resolution for all the damage that is going to be caused to the newsewer and water lines, which I have already paid for in 2019 and which I have will pay foragain in the SID. I am being treated economically unfairly in comparison with otherhomeowners on 6th who will only have to pay one time for their sewer and water lines inexchange for their payments into the SID. I hope you will understand my concerns and can communicate them to the appropriate citystaff to meet with me and work with me to reach a fair solution. Thank you for your consideration,David Landis
On Dec 1, 2020, at 10:28 AM, Shawn Kohtz <SKohtz@BOZEMAN.NET>
wrote:
Hi Mr. Landis,
Thank you for reaching out. Assuming the S 6th Avenue neighborhood passes thepreliminary vote, and subsequently the neighborhood does not protest out the
special improvement district, your property at 313 S 6th Ave cannot be excludedfrom participating in the costs in the special improvement district. Please refer to
State of Montana Montana Code Annotated Title 7, Chapter 12, Part 41 Part 41.Special Improvement Districts - Table of Contents, Title 7, Chapter 12, MCA
(mt.gov) and specifically 7-12-4163 7-12-4163. Assessment of costs -- frontageoption, MCA (mt.gov):
7-12-4163. Assessment of costs -- frontage option. (1) The city council or
commission shall assess the cost of an improvement against benefited lots or
parcels in the district, each lot or parcel of land within such district bordering or
abutting upon a street or streets whereon or wherein the improvement has been
made to be assessed in proportion to the lineal feet abutting or bordering the same.
Please note that your property at 313 S 6th Avenue would be one of the benefitedlots in the district, and the law requires each benefitted lot must be proportionallyassessed. I’ve attached the information on the road project and special improvement districtto make sure you have the details you need to vote on the project. This is thesame information that was discussed at the recent neighborhood meeting on theroad project and that was sent via mail to all property owners within the limits ofthe project. Regarding your payment to K&E to install new water and sewer service pipesfrom your house to the mains in the street, your new pipes will remain in place, soyou will continue to receive the benefit from those pipes. The street project willnot remove those newly constructed pipes. You constructed those pipes toaccommodate your new ADU. The money that you paid in impact fees cannot be applied to local streets, such as
S. 6th, so the impact fee payment cannot be counted against a specialimprovement district assessment on your property. I know that isn’t what you wanted to hear, but hopefully this gives you theinformation you need to make an informed decision about your vote on the streetproject. Attached is the card for preliminary vote. I have CC’d Kellen Gamradt,who is the project manager for the street project. He can provide additionalinformation about the street project if you have more questions. You can email ormail your vote back to Kellen or Katherine (CC’d on this email). Thanks,
MT
City of Bozeman
Shawn Kohtz, PE
City Engineer
406.582.2280skohtz@bozeman.net
From: webadmin@bozeman.net <webadmin@bozeman.net>
Sent: Monday, November 23, 2020 5:18 PM
To: Shawn Kohtz <SKohtz@BOZEMAN.NET>
Subject: South 6th Street Reconstruction
Message submitted from the <City Of Bozeman> website.
Site Visitor Name: David LandisSite Visitor Email: sweetgrass81@mac.com
Dear Mr. Kohtz,Our address is 313 S 6th Ave. I understand from your letter that this street isbeing considered for reconstruction. About a year ago, my wife and I paid$15,000 to K&E Enterprises to install a new sewer line and new waterline fromour house to the city lines under S6th. In addition, we paid several thousanddollars in street impact fees related to the construction of a garage behind ourhome with an ADU above it. Since we have paid about $20,000 for S6th-relatedconstruction connected with our home, we believe we have met our financialobligation to the proposed SID and we ask to be excused from further financialobligations to the street reconstruction. Thank you for your consideration, Davidand Jacquie Landis
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<Postcard Letter Nov 20, 2020.pdf><Postcard.pdf>