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HomeMy WebLinkAboutOrdinance No. 1655, adopts urban renewal plan for portions of ne bozeman.pdfORDINANCE NO 1655 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA ADOPTING AN URBAN RENEWAL PLAN FOR PORTIONS OF THE NORTHEAST BOZEMAN INCLUDING THE HISTORIC MIXED USE DISTRICT WHEREAS the Bozeman City Commission did on the 15th day of August 2005 adopt Commission Resolution No 3835 declaring that blighted areas exist within the municipality and that the rehabilitation redevelopment or a combination thereof of such area or areas is necessary and WHEREAS the Bozeman City Commission appointed a Northeast Urban Renewal Study Committee to prepare an urban renewal plan and WHEREAS the Northeast Urban Renewal Study Committee has prepared a proposed Northeast Urban Renewal District Plan and WHEREAS the City Planning Board has found the proposed Northeast Urban Renewal District Plan to be in conformance with the Bozeman 2020 Community Plan the adopted growth policy for the Bozeman planning jurisdiction and WHEREAS the Bozeman City Commission did on the 14th day of November 2005 conduct a public hearing to consider the proposed Northeast Urban Renewal District Plan NOW THEREFORE BE IT ORDAINED by the City Commission of the City of Bozeman Montana Section 1 That the Northeast Urban Renewal District Plan attached hereto as Exhibit A is hereby adopted Section 2 Repealer All resolutions ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed Section 3 Severability If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid such invalidity shall not affect the other provisions ofthis ordinance which may be given effect without the invalid provision or application and to this end the provisions of this ordinance are declared to be severable Section 4 Effective Date This ordinance shall be in full force and effect thirty 30 days after passage on second reading PASSED AND ADOPTED by the City Commission ofthe City of Bozeman Montana at a regular session thereof held on the 14th day of November 20 ETRARO Mayor ATTEST R L SULLIVAN City Clerk PASSED ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman Montana at a regular session thereof hel of NOV 2005 AN CETRARO Mayor ATTEST R IN L SULLIVAN City Clerk 2 O H il N SO Z JJ I vJU uCld lJ J1S O ICM lUlH ucqJillSClqlJON CITY OF BOZEMAN NORTHEAST BOZEMAN URBAN RENEWAL PLAN Prepared by The Northeast Bozeman Urban Renewal Study Committee Michael Barrett Ron Brey City of Bozeman Staff Peter Bronken Jim Browning Brian Caldwell Bobbi Clem Jack Davis J on Gerster Terry Giovanini Todd Roitsma Marcia Kaveney Erik Nelson Tracy Oulman City of Bozeman Staff Robert Pavlic Jeanne Wesley Wiese Steve Kirchhoff and Marcia Youngman City Commission Liaisons Prepared for The Bozeman City Commission Andrew Cetraro Mayor Lee Hietala Steve Kirchhoff Jeff Krauss Marcia Youngman 2 NORTH EAST URBAN RENEWAL DISTRICT PLAN CONTENTS HISTORICAL CONTEXT PO 4 INTRODUCTION PG 4 MISSION VISION STATEMENT PG 5 GUIDING PRINCIPLES GOALS AND IMPLEMENTATION ACTIONS PG 5 EXECUTING THE PLAN PG 10 FINANCE PG 14 DISTRICT MAP FIG 1 RESOLUTION 3835 APPENDIX 1 GENERAL DESCRIPTION APPENDIX 2 3 NORTH EAST URBAN RENEWAL DISTRICT PLAN HISTORICAL CONTEXT In the I880s Bozeman s economic fortunes blossomed with the anival of the Northern Pacific Railway which established a depot at the northeast end ofthe young city and connected it with distant markets The town s early entrepreneurs established flour mills residences freight storage and a brewery on new streets named for trees mostly the fruit bearing variety but Montana species as well Perhaps these names came in deference to the timber products and fruit that passed through but much ofthis freight and food processing activity has receded into history In the 120 years since this place bTew into a rail centered enterprise zone Bozeman s economic center of gravity moved elsewhere leaving the neighborhood short on paved streets sidewalks street lighting parks and sound infrastructure with scattered evidence ofhygone industrial activity remaining rail track and ties cable spools grain storage bins and upright fuel tanks INTRODUCTION This Urban Renewal Plan was prepared by a 13 member committee composed of a range ofbusinesses and residents from the District and the adjacent Northeast Neighborhood in response to the City Commission s finding ofhlight on August 15 2005 Resolution 3835 Appendix 1 The City Commission supported the blight designation unanimously in order to create an Urban Renewal District because it believed this would encourage infill within the city limits and that the Tax Increment Finance TIF District created by the designation would help fInance such infill While acknowledging that change development is inevitable in the District and that the creation ofan Urban Renewal District and its associated Tax Increment Financing would encourage economic vitality in the District it should be noted that some Northeast Neighborhood citizens and several committee members perceived few of the problems cited in the blight report Thus considerable efforts in the development ofthis plan were made to consider the many different and sometimes conflicting interests of the committee members The hope is that the end product the Northeast Urban Renewal Plan adequately balances the needs to remedy blight and encourage economic vitality and livability while also ensuring that future development preserves and enhances the eclectic character of the District to the fullest extent possible A map of the District is found in Figure 1 and a general description of the area included in the District is contained in Appendix 2 4 MISSION VISION This Plan is the city s response to remedy the conditions ofblight found in the August 2005 report The Plan also addresses other issues important to the District The plan s purpose is to ensure the vitality ofthe Northeast Urban Renewal District NURD the vitality of the NURD for generations to come and to make the NURD an area in which its citizens can take exceptional pride The Plan envisions a mixed use neighborhood that is user friendly safe secure and healthy While this plan envisions a District with diversity ofhousing businesses and amenities it intends to maintain the unique ambiance and historic character of the District GUIDING PRINCIPLES GOALS IMPLEMENTATION ACTIONS The principles and implementation actions which follow provide direction for using the Plan All nine Principles are vital to achieving the vision for the District The Implementation Actions are not exclusive lists Neither the Principles nor the Implementation Actions are arranged in order of importance 1 Ensure the health safety and security of the District Unsurfaced streets inadequate storm water drainage outdated water and sewer utilities and inadequate street lighting negatively impact the health safety and security of the District Improving the infrastructure ofthe area will also prepare the Districtfor thefilture GOAL A Outdated or insufficient infrastructure should be repaired replaced or otherwise improved IMPLEMENTATION ACTIONS Improve streets and alleys Improve fire prevention Repair or replace defective sections of water and sewer mains Improve the appearance and adequacy of dark sky lighting Provide for prompt snow removal Improve sidewalks and trail network Increase police patrols Improve storm water systems and develop storm water management techniques to protect Bozeman Creek 5 GOAL B Encourage a land use pattern that facilitates all modes of transportation vehicular bicycle pedestrian mass transit and commercial for safe efficient and convenient access for residential commercial and industrial uses IMPLEMENTATION ACTIONS Incorporate sidewalks crosswalks bike lanes and trails in the design for construction or reconstruction of streets and roadways Obtain property or easements for the continuation ofthe existing trail system Encourage bicycle use by incorporating bicycle amenities in the design of streets bridges and trails Design sidewalks walkways trails and streets for handicapped accessibility wherever possible Provide traffic calming measures Designate truck route GOAL C Provide public utilities to the area efficiently in ways that are not visually or physically obtrusive IMPLEMENT ATJON ACTION Encourage the conversion of communications networks and other utilities to underground or wireless facilities 2 Balance commerce and livability in the District within the mixed use framework The clear intent ofthis District is to support a mix and variety o nonresidenlial and residential uses Nothing in this Plan shall be interpreted to be discouraging or prejudicial to any allowable uses GOAL Harmonize commercial and industrial development with residential quality of life IMPLEMENTATION ACTIONS Assure compatibility of land uses through appropriate urban design techniques Consider alternative materials for streets and sidewalks Promote environmental cleanup ofbrown field or hazardous substances by the responsible parties Encourage commercial development that provides basic needs to the District Encourage affordable housing 6 3 Honor the unique character and vitality of the District The unique character of this neighborhood is built on its history proximity to the railroad mixed rural and urban development mixed residential and commercial uses and its proximity to downtown These qualities should be supported GOAL A New structures should be designed and built keeping in mind public values of durability flexibility and simplicity Thoughtful consideration of design materials and massing in the construction of new private buildings will add strenblh and character to the built environment To the degree that the private sector can be influenced by a public partner in development the community ought to strongly encourage excellence in urban design as a basis ofpartnership IMPLEMENTATION ACTIONS Where historic buildings and places exist compatibility of design elements should also enter into the planning ofnew construction Where historic structures are affected by public or private development seek out the advice and assistance of local state or federal historic preservation professionals for opportunities to renovate existing historic structures Respect the property rights ofproperty owners Encourage the growth of cultural activities GOAL B Promote sustainable building practice and design within the District IMPLEMENTATION ACTIONS Support projects and designs that promote Dark Skies Promote the use of indigenous plants and materials for landscaping and design Encourage the use oflocally produced renewable products Promote environmentally sound development and construction practices Promote energy and resource efficient systems within the District 4 Public open space is essential to a healthy and appealing urban environment Developing and procuring parks and public open space as well as improving and making accessible the existing trails such as The Depot Park Trail and Bozeman Creek Trail will enhance and improve the District Goal A Procure new land for parks and public open space IMPLEMENTATION ACTIONS Secure public open space s in Iocation s that will optimize use and accessibility 7 Ensure that all park planning provides for a broad range ofboth residential and commercial needs Provide a park plan that includes a children s playground and connectivity to adjacent wetlands and open space Eminent Domain shall not be used to procure new land for parks Goal B Improve landscaping in existing public spaces IMPLEMENTATION ACTIONS Enhance boulevards and public right of way by planting and maintaining trees where appropriate Weed control Encourage property owners to maintain their property 5 The costs of projects and programs shall be weighed against their benefits to the District This principle is se fexplanatory as long as Benefit is understood to mean the promotion of the Principles and that Benefits may not befinancial in nature 6 Private property shall not be acquired for other private use through the eminent domain process in the implementation of any aspect of this plan GOAL Neither the City of Bozeman nor any ofits subdivisions shall use eminent domain to take private property for private use in the implementation of an urban renewal project or similar redevelopment plan IMPLEMENTATION ACTIONS Include a specific prohibition ofthis practice in the implementation section ofthe Plan Require that any amendment ofthe Plan occur under the same procedures as the Plan was adopted including the individual notice requirements for properties within the District Help assure the City ordinance prohibiting the practice remains in place by placing the NURB on record as endorsing the prohibition 7 The City shall not limit its vision for the District improvements to monies available solely through the TIF funding GOAL Encourage the City to help ensure the success of the N E Urban Renewal Plan by giving a high priority to the NE District in its capital improvements plan 8 IMPLEMENTATION ACTIONS Work with the City County and State to secure funds from all available sources Promote communication so that it is understood that the District will require assistance beyond the tax increment finance funding 8 Projects shall consider impacts on adjacent neighborhoods OOAL Work with neighborhoods and businesses to ensure actions taken in the District are compatible with adjacent developed areas IMPLEMENTATION ACTIONS Keep communication open and seek public input from adjacent neighborhoods Evaluate projects on their community wide benefits and impacts Create a process for the development and prioritization of neighborhood projects 9 The city shall consider the impact on the District of all projects undertaken outside of the District GOAL Work with the City to ensure actions taken outside ofthe District are compatible with projects inside of the District IMPLEMENTATION ACTIONS Evaluate and mitigate adverse impacts on the District occurring from projects outside ofthe District Ensure that a proportionate share ofinfrastructure costs resulting from projects inside of the District is shared by the projects outside ofthe Districts that utilize the infrastructure 9 EXECUTING THE PLAN INTRODUCTION Once adopted this Plan becomes the official policy guide for public action regarding the Northeast Urban Renewal District These policies can only be transformed into action through an effective implementation probTam Thc framework for implementation described herein depends on sound processes of administration financing and evaluation As the implementation ofthis Plan proceeds new opportunities will arise and unforeseen problems will emerge The Plan s administration must be sufficiently flexible to respond cffectively to changing circumstances without losing sight oflong range goals ADMINISTRATION To implement this Plan an Urban Renewal Agency will be created hereafter referred to as the Northeast Urban Renewal Board NURB The NURB is responsible for the implementation ofthis Plan pursuant to MCA S 7 15 4232 Specifically the NURB will 1 develop plans which implement the vision tor the District 2 rcview on an ongoing basis the opcration and processes of all public agencies to assure that such activities are supportive ofthe Plan and 3 advocate and coordinate the complete and full implementation of the Plan Individuals appointed to the NURB shall have a demonstrated interest in Northeast Bozeman Pursuant to MeA S 7 15 4234 the mayor by and with the advice of consent ofthe City Commission shall appoint the NURB which shall consist of five voting members The initial voting membership shall consist of one NURB member appointed for 1 year one for 2 years one for 3 years and two tor 4 years Each appointment thereafter shall be tor 4 years 1 Each voting member shall hold office until hisher successor has been appointed and has qualified 2 A voting member shall receive no compensation for his her service but shall be entitled to authorized necessary expenses including traveling expenses incurred in the discharge ofhis her duties 3 Any person may be appointed as voting members if they reside within the municipality or own property within the District The preferred composition ofthe NURB would include two residents ofthe District two business owners in the District and one member at large 4 A voting member may be removed for inefficiency neglect of duty or misconduct in offIce 5 The appointment ofvoting members shall be ratified annually by the City Commission A majority ofthe voting members shall not hold any other public oHice under the municipality other than their membership or office with respect to the NURB 10 The powers and responsibilities ofthe NURB shall be exercised by the members thereof according to adopted bylaws approved by the City Commission A majority of the members shall constitute a quorum for the purpose of conducting business and exercising the powers and responsibilities ofthe NURB and for all other purposes Action may be taken by the NURB upon a vote of a majority of the members three unless in any case the bylaws shall require a larger number In addition to the five voting members the NURB shall be composed of a non voting membership ofnot more than four individuals The initial membership shall consist of one member appointed for 1 year one f r 2 years one for 3 years and one for 4 years Each appointment thereafter shall be for 4 years These individuals must possess expertise or other qualifications necessary to help implement the plan 1 Each non voting member shall hold office until hisher successor has been appointed and has qualified 2 A non voting member shall receive no compensation f r hisher services but shall be entitlcd to authorized necessary expenses including traveling expenses incurred in the discharge of his her duties 3 A non voting member may be removed for inefficiency neglect ofduty or misconduct in office 4 The appointment of non voting members shall be ratified annually by the City Commission Initial administrative staff duties for the NURB will be performed by city staff as available until other funding shall be available from alternate sources and permanent staff hired The NURB will make every effort to fund its own staff either by contracting for services with existing public agency staff contracting for services with a private firm or hiring a staff The FY07 work program shall specify the staff arrangement The NURB may exercise any ofthe powers specified in MCA 7 15 4233 However no entrance to any building or property in any urban rcnewal area in order to make surveys and appraisals in the manner specified in 7 15 4257 shall be made without the owner s permission ANNUAL WORK PROGRAM BUDGET AUDIT AND EV ALUATION The NURB shall prepare an annual work program A WP and budget that will list the activities and costs of activities for the coming fiscal year as well as the method of financing those activities The NURB shall provide public notice in the newspaper and by other appropriate means and conduct a public hcaring prior to the submittal ofthe annual work program to the City Commission This program and budget may be amended during the course ofthe city s fiscal year in light of funding and program changes All budgets and revised budgets shall be reviewed and approved by the City Commission 11 The NURB shall cause to be perf rmed an annual audit conducted in conjunction with the city s audit covering the operations of the NURB in carrying out this Plan The first such audit shall be completed within ninety 90 days ofthe close of the first fiscal year following the adoption ofthis Plan by the City Commission All such audits shall be maintained as a part of the public records of the City of Bozeman The NURB shall also provide to the City Commission and the public an annual program evaluation Such evaluation shall review the Northeast Bozeman Improvement District Plan and the past annual work program and other relevant NURB activities for the year PLAN AMENDMENT The Plan may be amended by the same means as adopted in accordance with Montana law No ordinance amending the Plan shall be adopted until after a public hearing has been conducted thereon and notice of said hearing has been given in the official newspaper once a week for two consecutive weeks preceding the hearing In addition mailed notice shall be given to all persons owning property at the time and in the manner provided by MCA 7 I5 42I5 1 All notices shall provide the information regarding the modification required by MCA S 7 15 4215 1 Nothing herein shall limit of affect the authority ofthe Commission to undertake and carry out renewal activities on a yearly basis as provided by MCA 7 15 4220 PROPERTY ACQUISITION The NURB will assist and encourage public and private entities to eliminate blight or blighting influences and strengthen the City s economy by developing property in the District Where necessary in the execution of this Plan the NURB is authorized to acquire property in the District in accordance with the appropriate federal state and local laws However the power ofeminent domain shall not be used to acquire private property for private purposes or for parks ACTION BY THE CITY The City shall aid and cooperate with the NURB in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the area ofconditions causing blight To assure the purposes ofthe Plan are fully considered the City shall obtain and consider the advice of the NURB regarding all development proposals public works projects or other matters occurring within or adjacent to the Northeast Bozeman Improvement District area or affecting any aspect ofthe Plan 12 Other action by the City may include but not be limited to the following 1 Institution and completion ofproceedings for opening closing vacating widening or changing the grades of streets alleys and other public rights of way and for other necessary modification of the streets the street layout and other public rights of way in the Northeast Bozeman Improvement District areas 2 Institution and completion ofthe proceedings necessary for changes and improvements in publicly owned utilities within or affecting the Northeast Bozeman Improvement District areas 3 Revision ofMaster Plan Zoning requirements development standards and regulatory practices if necessary to facilitate the execution or principles policies and implementation actions set forth by this Plan 4 Pedormance ofthe above and all other functions and services relating to public health safety and physical development normally rendered in accordance with a schedule that will pennit the redevelopment ofthe Northeast Bozeman Improvement District area to be commenced and carried to completion without unnecessary delays 5 Promotion ofthe availability through the City ofprograms and funds to helpkeepexistingandnewhousinginornearthedistrictaffordableandhabitable 6 The undertaking and completing of any other proceedings necessary to carry out the provision of this Plan 13 FINANCE The programs projects and administration ofthe Plan shall be financed from a variety of sources both public and private which in part may include Private Grants dues self imposed taxes such as Special Improvement Districts or Business Improvement Districts private investment and donations Private Enterprise Assistance Programs Housing and Urban Development Small Business Administration and Community Reinvestment Act financial assistance Public Tax increment financing revenue bonds City and County general funds public grants utility Districts user fees state backed low interest loans Montana Department ofTransportation general obligation bonds tax credits and enterprise funds Tax Increment Financing will be implemented in accordance with MCA SS 7 15 4282 4292 and 43014324 In the event that property taxes arc reduced or replaced with some new form of revenue it is the intent ofthe Plan to use all available means to adjust the tax base or allow the capture ofthat portion ofthe new revenue form necessary to offset the reduced or lost increment The NURB will annually develop a program and budget to be reviewed and adopted by the City Commission During this procedure specific actions will be proposed in detail for community review This process will allow maximum community input to further the redevelopment interests of the community and to evaluate past actions ofthe NURB Tax Increment Financing shall be used to further the implementation of the goals set forth in this plan 14 JJSla IBM9U91 ueqJn n H 3N SOOZ pasodOJd I 9J nB1 OOlr D l I a m tI Appendix 1 COMMISSION RESOLUTION NO 3835 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA DECLARING THAT BLIGHTED AREAS EXIST WITHIN THE MUNICIPALITY AND THE REHABILITATION REDEVELOPMENT OR A COMBINATION THEREOF OF SUCH AREA OR AREAS IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH SAFETY MORALS OR WELFARE OF THE RESIDENTS OF SUCH MUNICIPALITY WHEREAS a blight investigation in a portion of Northeast Bozeman outlined in Attachment A was completed by ThinkTank Design Group Inc on June 6 2005 and WHEREAS the investigation determined that areas of blight as defined by state statute existed within the study area associated with the following the defective or inadequate street layout identified within the study area instances of known deterioration inadequate provisions and or age obsolescence of the following public improvements within the study area water sewer storm drainage streets sidewalks and parks instances of age obsolescence of buildings within the study area instances of unsanitary or unsafe condition instances producing inadequate provision for ventilation light proper sanitary facilities or open spaces as determined by competent appraisers on the basis of an examination of the building standards of the municipality and WHEREAS Section 7 15 4212 MeA provides that any person public or private may submit an urban renewal plan to the municipality and WHEREAS a request was received from ThinkTank Design Group Inc to create an Urban Renewal District for the study area in Northeast Bozeman outlined in Attachment A and 16 WHEREAS Section 7 15 4210 MCA requires that a municipality adopt a resolution of necessity in order to implement an urban renewal program NOW THEREFORE BE IT RESOLVED by the City Commission of the City of Bozeman Montana that areas of blight exist within the study area of Northeast Bozeman outlined in Attachment A attached hereto and by this reference made a part hereof and that the rehabilitation redevelopment or a combination thereof of the area is necessary in the interest of the public health safety morals or welfare of the residents of Bozeman BE IT FURTHER RESOLVED that the City shall not use its powers of eminent domain to acquire private property for any private use in the implementation of any urban renewal project within this area PASSED AND ADOPTED by the City Commission of the City of Bozeman Montana at a regular session thereof held on the 15th day of August 2005 ANDREW L CETRARO Mayor ATTEST ROBIN L SULLIVAN City Clerk APPROVED AS TO FORM PAUL J LUWE City Attorney 17 Appendix 2 Description of the Proposed NE Urban Renewal District Beginning at the point of the southeast corner of Lot 12 Block 15 of the Imes Addition thence southerly along the west right of way line of North Rouse Avenue approximately 1 530 feet to the northeast corner of the north 81 feet of Tract 1 Block 9 of Beall s First Addition thence easterly approximately 60 feet to the western property line of Tract 2 Block 1 of Perkins and Stone Addition thence northerly along the east right of way line of North Rouse Avenue approximately 32 feet to the northwest corner of Tract 2 Block 1 of Perkins and Stone Addition thence easterly along the south right of way line of East Peach Street approximately 397 feet to the northwest corner of Tract 2 Block 6 of the Babcock and Davis Addition thence southerly along the east right of way line of North Church Avenue approximately 117 feet to the southwest corner of Tract 2 Block 6 of the Babcock and Davis Addition thence easterly approximately 194 feet to the southeast corner of Tract 2 Block 6 of the Babcock and Davis Addition thence southerly approximately 55 feet to the southeast corner of Tract 3 Block 6 of the Babcock and Davis Addition thence westerly approximately 10 feet to the northeast corner of Tract 4 Block 6 of the Babcock and Davis Addition thence southerly approximately 111 feet to the southeast corner of Tract 7 Block 6 of the Babcock and Davis Addition thence easterly approximately 264 feet to the western property line of the West of Lot 3 Block 7 Tract 2 of the Babcock and Davis Addition thence northerly along the eastern right of way line of North Wallace Avenue approximately 284 feet to the northwest corner of the west end of Tract 2 Lot 6 and the north 5 feet of Lot 5 Block 7 of the Babcock and Davis Addition thence easterly along the southern right of way line approximately 817 feet to the western property line of Lot 33 Block 53 of the Northern Pacific Addition thence northeasterly along the eastern right of way line of Plum Avenue approximately 555 feet to the centerline of the current main railroad track thence northwesterly along the centerline of the current main railroad track approximately 1 280 feet thence westerly approximately 177 feet to the northeast corner of Lot 1 of the Amended Plat C 23 W of the Northern Pacific Addition thence southerly along the west right of way line of North Wallace Avenue approximately 393 feet to the southeast corner of Lot 17 Block 110 of the Northern Pacific Addition thence westerly along the north right of way line of East Tamarack Street approximately 400 feet to the southwest corner of Lot 1 of the Amended Plat C 23 W of the Northern Pacific Addition thence northerly along the east right of way line of North Church Avenue approximately 360 feet to the property line of Lot 1 of the Amended Plat C 23 W of the Northern Pacific Addition thence westerly approximately 430 feet along the north right of way line of East Juniper Street to the southeast corner of Lot 12 Block 15 of the Imes Addition the point of beginning 18