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Home My WebLink About11-16-23 Public Comment - D. Loseff - Public Comment Letter to Trustees on Left Lane proposalFrom:Susan Gregory To:David Loseff Cc:Agenda; Stewart Mohr Subject:Public Comment Letter to Trustees on Left Lane proposal Date:Thursday, November 16, 2023 12:15:14 PM Attachments:bozeman library parking. left lane. dpl comment ltr. 11.15.23.docx Hi, David, I am sending your letter right now to our Library Board Chair, Stew Mohr, and to the City Clerk’s office to be counted as public comment. Even though the Board meeting was last night, your comments are still validating and important. The Library Board will be encouraged with your input. Thanks so much for your support of the Library! Susan Susan F. Gregory Director Bozeman Public Library Bozeman, MT 59715 sgregory@bozeman.net (406) 582-2401 From: David Loseff <dploseff@gmail.com> Sent: Wednesday, November 15, 2023 3:25 PM To: Susan Gregory <SGregory@BOZEMAN.NET> Subject: [EXTERNAL]Public Comment Letter to Trustees on Left Lane proposal CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Susan,Can you please submit my attached public comment letter on the Left Lane Parking lotproposal. I vehemently oppose this deal which is totally lopsided to the favor of thedevelopers and adverse to the interests of the Bozeman Public Library and Bozemantaxpayers.David Loseff THE BAXTER 105 W. MAIN ST. BOZEMAN, MT 59715 NOVEMBER 15, 2023 Tö: Bozeman Public Library Board of Directors Bozeman Public Library Founda�on Board of Directors Re: Public Comment Leter on the proposed Le� Lane Parking Lot Proposal The Bozeman Public Library is an invaluable community asset which has grown significantly, since its founding in 1872 in a small room above Alward Drug Store on Main St. Over the subsequent 150 years, the library grew, changed loca�ons, expanded its facili�es and services in keeping with the growth and expansion of the town of Bozeman. In 2001, through the efforts of many people along with public bond funding, taxpayer funding and private dona�ons, the Library successfully obtained a valuable downtown property with poten�al expansion area for future genera�ons, if needed, and most importantly, giving our community and future genera�ons the flexibility to control the Library’s future development as Bozeman evolves. The only thing that we know for sure is that over the next 150 years, Bozeman and its valuable Library will see its needs and mission evolve and change just as it had over the past 150 years. The Bozeman Public Library defines its mission as being the “community cultural center which connects all Bozeman ci�zens to their neighbors and the world.” The number #1 goal in the Library’s strategic plan is to “Design and implement an expansion process to ensure that the Library has adequate space to meet Bozeman’s growing needs.” Unfortunately, Le� Lane’s MOU proposal would bring that all to a screeching halt………simply freeze the library into its current state and deprive future genera�ons for modifying or using this public property as future needs or opportuni�es may arise. Even worse, this proposed deal brings virtually no benefits (but substan�al cost) to the Library and City of Bozeman while bringing substan�al benefits (and a de facto land giveaway) to private New York developers to enable them to build an elite upscale hotel with luxury condos. And in exchange for this great benefit to these private luxury developers, the NY developers agree to pay Bozeman a ground lease of $1/year for the next 150 years. The claim that these developers are building a new parking structure for the city is a very well spun decep�on………in reality, they are simply building an underground parking facility and roofdeck area for themselves on 30,830 sf of the Library’s property (with a current value over $6.2 million or $200 psf based on recent nearby transac�ons)……and then having the Library place development restric�ons on all of the rest of the Library’s property including the Library building itself……ie no future expansion. Furthermore, Bozeman taxpayers are being asked to provide asbestos remedia�on payments (amounts unknown but will be substan�al…possibly a million dollar exposure)….where these asbestos remedia�on problems only emerge because these developers are seeking to build underground parking on an asbestos site. Currently all the asbestos is fully encased and no remedia�on work needs to be done on the Library property. This proposed deal will also enable the developers to avoid at least $2.675 million in cash-in-lieu fees for the 107 parking spaces which they cannot provide on their own development parcel. Those cash-in-lieu dollars would go into the public coffers. And while the City is being asked to enter into a legally binding commitment by November 22, 2023 (one week from the Library Trustee mee�ng), the developers “will have no obliga�on…….and will have no liability to the city with respect to any maters described in this MOU.” They don’t even have to make even a small earnest money deposit. The devil is in the details and, in my view, the details are ugly and lopsided in favor of the luxury NY developers. The key terms are as follows: • Developer builds underground parking on 30,830 sf of the Library’s public parking lot and gets 107 parking spaces for its own exclusive use. Library gets to keep and con�nue using the surface area of this lot……..which it already owns and is currently using. In real estate terms, this is called giving away the ground rights for free. • Developer builds a roof deck over this area…..puts a park and solar panels on this roofdeck all for its own personal exclusive use. They will give �ghtly controlled access to this space to a few members of the public during library hours and on an escorted basis. In real estate terms, this is called giving away the air rights for free. • City reimburses developer unnamed amounts for asbestos remedia�on work which only arises due to the developer’s plans to excavate and build below grade parking on the Library’s land for the developers own exclusive use. • Developer avoids paying $2.675 million to the City as cash-in-lieu fees for the 107 parking spaces on the Library property. • Library subjects its en�re property…….its library building and the remaining uncovered surface parking area to a land use restric�ons which bar any ver�cal development on this ground for the next 150 years. Note, if MSU, which was founded in 1893…130 years ago….entered into a similar deal it would not have been able to make any addi�ons such as the Jacob Jabs school. In real estate terms, this is called giving away the property’s air rights for free……..also called subjec�ng the property to a highly restric�ve development easement for zero considera�on. • While the developers appear to be willing to rearrange the layout of the Library’s remaining exis�ng surface parking lot area to intensify the parking lot density and increase numbers of public spaces……….the Library could do all of this on its own (and possibly with TIF or other funding) without subjec�ng itself to all of these other encumbrances and restric�ons imposed by these private developers. • While the city and library will be legally bound to the developers under their proposed MOU agreement, the developers would not have any obliga�ons to do anything as expressly outlined in the MOU. My suggested alterna�ve approaches A. The Library doesn’t need to do anything…..just maintain the status quo, keep its ground unencumbered and preserve its flexibility grow and modify in the future as its needs arise…….and as outlined in the Library’s own Strategic Plan. B. Alterna�vely, the City, its Parking Commission and downtown URD board have been telling the community for the past 15 years that they are ac�vely looking for addi�onal parking for downtown employees, etc but have been unable to find a viable loca�on. To date possibili�es discussed have ranged from the County Building parking lot to pu�ng parking on the fairgrounds and running shutle services for employees. The Library surface parking lot may be a great loca�on par�cularly given its proximity to the downtown core coupled with the ability to rearrange the surface lot layout to cost effec�vely create up to 124 more surface parking spaces. Rearranging the Library’s surface lot to create more spaces would be rela�vely cost effect if we don’t go below grade and trigger costly and unknown asbestos remedia�on costs. That route and would allow the Library to keep its full property unencumbered for its future poten�al use. C. Under no circumstances should the City encumber this valuable land or effec�vely give it away to private luxury developers. The Le� Lane MOU deal both gives away and �ghtly encumbers the valuable Library property………..nothing gained by the City but much lost by the deal. The Le� Lane group should be able to develop their Empire Building site based on the development capaci�es of their site as was done by all of their neighboring proper�es such as the Nash Finch Building, The Galla�n Valley Land Trust building, 101 S. Wallace, etc. Sincerely, David Loseff