Troy 2nd St question goes to Nov. ballot

By BENJAMIN KIBBEY

The Western News

The Troy City Council voted unanimously to put on the general ballot in November the question of whether or not to sell a portion of Second Street.

The controversy over Second Street originated with a proposal by Town Pump to make the southern area of the street between properties they own into a portion of their parking lot. In addition, the Town Pump store would expand, stretching about to the middle of what is now Second Street.

Town Pump concerns

Town Pump would continue to allow traffic to pass between Second Street and Highway 2, Dan Sampson, a construction development manager with Town Pump and the project manager, told an informational meeting in February. However, they would install some form of traffic control such as speed bumps.

All of the pumps would be located on what is now the east side of Second Street, according to a draft plan that Sampson brought to the February meeting.

The Town Pump property on the east side of Second Street would have the pumps and fuel tanks. On the draft plan — which Sampson said could change if the company does further planning — five pumps would be located to the south of the alley that runs parallel to East Spokane avenue. Another two are shown to the north of the alley.

Sampson told the meeting in February that the expansion is primarily in response to the demand for their products that they see in the community, not to draw in traffic off of Highway 2.

He also said that, while Town Pump has no interest in opening a casino at that location, legal restrictions related to the distance from the Troy Middle/High School across Highway 2 would prevent them from putting a casino in regardless.

Sampson said that the reason the company would want to make Second Street a part of their property is for safety. While they could place the store on one side and the pumps on the other, it would then require customers to cross the street to reach one from the other, increasing the likelihood of an accident involving a pedestrian.

Arnold Osmun, a petroleum construction manager with Town Pump, said at the February meeting that the current store and property would be completely removed as part of the construction of the new station, even the existing fuel tanks.

In addition, the ground between the properties would have to be landscaped to remedy the significant change in elevation on the east side of the current store where it meets Second Street.

Objections

Throughout the process, local residents have raised a variety of concerns.

During the March 23 meeting of the City Council, Mayor Dallas Carr said that Town Pump is willing to work with community concerns, such as by shutting down for the July 4th parade so the traditional parade route is not obstructed.

Others — including members of the council — expressed interest in seeing alternative plans.

In February, Sampson said that the company does not have an alternative plan. He said that, in part, they had not identified another arrangement of pumps, store and fuel tanks that would both make the project economically feasible — that the cost would merit the potential return on investment — and still not add new safety concerns.

However, some objectors were bothered by the principle itself of the council selling off a portion of a street.

In April, the council asked City Attorney Clifton Hayden to look into assertions by several members of the public that it was against state law for the council to sell a piece of property held in trust or dedicated specifically to public use.

Hayden advised the council that for the city to sell a piece of property such as the section of Second Street, they would first have to put the question to public vote.

However, since the city is chartered as self-governing, it has the option to adopt an ordinance that would supersede that Montana Code Annotated provision.

So, Hayden created an ordinance that he said would both require more process before the city could sell any property, while making it unnecessary to have a general vote from residents any time the city wanted to sell land dedicated to the public or held in trust.

Hayden presented that draft ordinance to the council at their April 18 regular meeting.

The council tabled the draft ordinance for further discussion, and at a work meeting May 16, Council Members Crystal Denton, Shawna Kelsey and Chuck Ekstedt came to a consensus during discussion to look into options for holding a general election on the question of selling the section of Second Street.

Going forward

The crux of the question at the Wednesday, May 23 regular City Council meeting was whether to request that Lincoln County arrange a special election on the issue, or to request the issue be placed on the ballot in November.

The three council members who met May 16 had also expressed interest in allowing any voter within the area covered by the Troy Area Dispatch vote on the question.

However, Carr said, Hayden informed the city that only city residents could legally vote on whether or not to sell Second Street.

Initially, the council expressed hesitation to vote on whether to hold a special election or put the issue on the November ballot without having a better idea of the cost difference.

City Clerk/Treasurer Tracy Rebo told the Council that past special elections had cost under $1,500. However, the county was not able to provide a specific cost difference before the meeting.

Regardless the final set cost, Rebo expressed confidence that a special election would be more expensive, as the city would bear all of the costs, from paying election judges to printing ballots to running ads to notify the public.

After over 40 minutes of deliberation and public input, the council voted unanimously to add the vote to the November ballot