HomeMy WebLinkAbout12-17-18 City Commission Packet Materials - C7. MOU and Easements with National Retail Propertis for North 7th Project1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: David Fine, Urban Renewal Program Manager
SUBJECT: Authorize the City Manager to sign a Memorandum of Understanding (MOU) and Public Access and Utility Easement and Temporary
Construction Easement with National Retail Properties, L.P. for the N. 7th
Ave. Lighting and Streetscape Project
MEETING DATE: December 17, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to sign the Memorandum of Understanding (MOU), Public Access and Utility Easement, and Temporary Construction 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 National Retail Properties, L.P. (and leased by their tenant Carquest Auto Parts) is located at 425 N. 7th Ave. The proposed route of the setback sidewalk goes directly
through the tenant’s existing sign and parking lot. 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 $8,550 to finalize the transfer of right-of-way and commits the City “to reimburse the lessee, Advance Auto Parts, for costs associated with the business sign relocation work for a total cost not exceed $13,341, as detailed on the
attached estimate.” The Midtown Urban Renewal Board (MURB) voted at their September 6, 2018
meeting to recommend the approval of the proposed MOU (administrative settlement) to the City
Commission. This MOU constitutes the second time during the streetscape project where the City will have agreed to replace and relocate as sign, when it is impacted by the project.
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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:
None at this time.
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 2019 Work Plan and Budget for the purposes of paying the administrative settlement.
Link:
Midtown Urban Renewal Board minutes for September 6, 2018
Attachments:
1. MOU between the City of Bozeman and National Retail Properties, L.P. 2. Public Access and Utility Easement
3. Temporary Construction Easement
Report prepared on December 6, 2018.
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