HomeMy WebLinkAbout05-14-18 City Commission Packet Materials - C5. MOU with Essig Living Trust for N. 7th Project1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: David Fine, Economic Development Specialist
SUBJECT: Authorize the City Manager to sign a Memorandum of Understanding (MOU) and Public Access and Utility Easement with Robert G. Essig and
Sheryl J. Essig Revocable Living Trust for the N. 7th Lighting and
Streetscape Project
MEETING DATE: May 14, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to sign Memorandum of Understanding (MOU) and Public Access and Utility Easement BACKGROUND:
The Midtown Urban Renewal District (MURD) is working on a project to enhance the
safety and aesthetics of the North 7th Avenue corridor by installing setback sidewalks buffered by tree-lined boulevard, and decorative luminaries. The existing right-of-way along the corridor will not accommodate a sidewalk setback, so the district has been acquiring public access and lighting
easements from property owners on a voluntary basis for one dollar ($1.00) and for other valuable
consideration. Temporary construction easements are also being acquired for this project.
The parcel owned by Robert G. Essig and Sheryl J. Essig Revocable Living Trust (the “Trust”) includes the building formerly housing Bridger Eye Care at 120 N. 7th Ave. The proposed
route of the setback sidewalk goes directly through existing landscaping and creates complications
with drainage, parking, and the existing approach. The policy goals advanced by the MOU include
a setback sidewalk to enhance pedestrian access, a boulevard strip with permeable pavers and street trees. The MOU stipulates an administrative settlement of $10,000 to finalize the transfer of right-of-way and commits the City to re-grading the lawn to meet the new facilities and replacing the
sprinkler system. The Midtown Urban Renewal Board (MURB) voted at an April 5, 2018 meeting
to recommend the approval of the proposed MOU to the City Commission.
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The proposed MOU is the result of extensive negotiations with the property owner and staff
believes the approval of this MOU is necessary to obtain the required easement for the lighting
and sidewalk project.
UNRESOLVED ISSUES:
The total cost of the change order to effectuate the scope of work required by the MOU is
unknown at this time; a change order for this portion of the project was expected if staff was able
to obtain an easement for the property. Staff is working with our consulting engineer at Morrison-Maierle on a change order that will be presented to the Commission at a later date.
ALTERNATIVES: As determined by the Commission.
FISCAL EFFECTS: The project will be paid for using tax increment funds from the Midtown Urban Renewal
District. The MURB voted to utilize unallocated incentive funds included in the FY 2018 Work
Plan and Budget for the purposes of paying the administrative settlement. Other project costs will
be included in the project cost budgeted for FY 2019.
Attachments:
1. MOU between the City of Bozeman and Robert G. Essig and Sheryl J. Essig Revocable
Living Trust 2. Public Access and Utility Easement 3. Temporary Construction Easement
Report prepared on May 3, 2018
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