HomeMy WebLinkAbout10-26-20 Public Comment - H. Lund - Pole Yard Urban Renewal District PlanFrom:Sarah Eggen
To:Agenda
Cc:Ben Stormes; Hertha Lund; Devon Fountaine
Subject:Pole Yard Urban Renewal District Plan
Date:Monday, October 26, 2020 3:01:33 PM
Attachments:10.26.20 LTR to City Commission.pdf
Good afternoon,
Please see the attached letter from Ms. Hertha Lund.
Thank you,
SARAH R. EGGEN
FINANCIAL OFFICER
LEGAL ASSISTANT
662 S. FERGUSON AVE., UNIT 2
BOZEMAN, MT 59718
P: 406.586.6254
F: 406.586.6259
EGGEN@LUND-LAW.COM
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HERTHA L. LUND
CHRISTOPHER T. SCOONES
BEN F. STORMES
ATTORNEYS AT LAW
662 S. Ferguson Ave., Unit 2
Bozeman, MT 59718
Telephone: (406) 586-6254
Facsimile: (406) 586-6259
www.Lund-Law.com
October 26, 2020
Via Email
agenda@bozeman.net
RE: Concerns and Questions Concerning Property in the Proposed Urban
Renewal Plan
Dear Members of Bozeman City Commission:
Lund Law has been retained by Greg and Melinda Poncelet to review and provide
comment on the City’s plan concerning my clients’ property located at 209 Cedar St,
Bozeman, MT 59715. The Poncelet’s have concerns and questions.
The City said in its August 13, 2020 letter to landowners that it wanted to create a more
robust, thriving area by: 1. The investment in public infrastructure in support of
economic development; 2. The attainment of urban density to achieve greater efficiency
in the delivery of public services; and 3. The creation of opportunities for livable wage
jobs. My clients understand that the City is going to use its power to try to transform the
area from being an industrial neighborhood into a residential neighborhood. My clients
have lived in and worked on their property for more than 47 years and they have many
concerns:
1. They do not want to change the use of their property from industrial use.
2. They are concerned about the City’s approach to preserving wetlands
which border much of Cedar Street and would like additional information
as to the City’s plans.
3. They are concerned that the City will create another deep, dark hole for
taxpayers, similar to the extra millions of dollars of costs the City incurred
from its involvement in development of the Story Mills property adjacent
to the old city dump.
4. Much of the property the City wants to repurpose is a reclaimed Superfund
Site. This land should not be further developed as residential property and
the City should not put the City’s taxpayers at risk of having to pay for
more clean up or to be liable for lawsuits due to the status of the land.
5. My clients are puzzled by the City’s finding that their property was in a
blighted area that contributes to poverty in the City of Bozeman. They and
their neighbors are not impoverished, the area provides employment and
L UND L AW, PLLC PAGE 2
good wages, and it is highly likely that the City’s actions would negatively
impact the businesses in the area.
6. The City stated its action would create opportunities for livable wage jobs;
however, it is highly likely the City’s actions will diminish the better than
livable wage jobs that currently exist based on the industrial use of the
property. Has the City accounted for this fact? The Idaho Pole property
has been cleared by the EPA for industrial development which would
provide higher paying jobs far into the future. Residential development of
the property would provide construction jobs for a short period of time.
7. The City has acknowledged the fact that parts of the property within the
area it has claimed is blighted is also within the flood plain. Is it a good use
of taxpayer money to develop land that it is within the flood plain? Has the
City done the economic and environmental analysis necessary to
determine the impacts of spending millions of dollars on developing land
within the floodplain?
8. Has the City distinguished or accounted for the properties located in the
area that are in fine condition and provide services to the City of
Bozeman?
9. Has the City considered the increased traffic and potential disruption of
industrial zones due to the proposed Urban Renewal Plan? The City states
that one goal is to improve “connectivity” but has not explained how that
would be achieved. My clients would like more information on the plans to
improve and/or increase “connectivity”.
10. Why is my clients’ property even within the blighted area? They did not
consent, and they do not want to be a part of developing the property for
residential purposes.
The bottom line is my clients are very concerned about the City’s plan to spend millions
of taxpayer dollars on a Superfund site and land that is within the flood plain which
might affect their property and successful business.
Sincerely,
Hertha L. Lund
L UND L AW, PLLC
Lund@Lund-Law.com