HomeMy WebLinkAboutResolution 4666 Intent to Discontinue, Abandon, and Vacate a Portion of Pear Street COMMISSION RESOLUTION NO. 4666
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
DISCONTINUE, ABANDON AND VACATE A PORTION OF PEAR STREET IN THE
NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, LOCATED IN
SECTION 6, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINICIPAL MERIDIAN
MONTANA, GALLATIN COUNTY,MONTANA.
WHEREAS, a petition to vacate a portion of Pear Street adjacent to Blocks 97 and 99
in said Northern Pacific Addition, has been filed with the City Clerk by Kenneth J. and Kristin
VanDeWalle, owners of property abutting the said street right-of-way, as shown in Exhibit "A"
attached hereto; and
WHEREAS, City Commission Resolution 3628 requires certain procedures be
followed to review a petition to discontinue a street or alley including: (i) requiring the petition
contain specific information; (ii) acceptance of the petition by the City Commission (which
occurred September 14, 2015); (iii) the return of a report from the City's Engineering Division;
(iv) a public hearing on whether to approve the petition; (v) notice both mailed to affected
property owners and published in the Bozeman Daily Chronicle; and (vi) adoption of this
Resolution. and
WHEREAS, notice was mailed in conformance with Resolution 3628 and a public
hearing was held on March 21, 2016 at which time reasonable opportunity was provided to the
Resolution 4666
public and those that have an interest in property abutting said right-of-way to make objections
to the discontinuance of this right-of-way; and
WHEREAS, the subject street right-of-way can be discontinued without detriment to
the public interests; and
WHEREAS, it is in the best interests of the City of Bozeman and the inhabitants
therein that said right-of-way be discontinued, provided, however, that said discontinuance does
not affect the right of any public utility to continue to maintain its plant and equipment in said
right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
Declaration of Intention
It is hereby declared to be the intention of the City Commission of the City of
Bozeman, Montana, to vacate all of the right-of-way of Pear Street in the Northern Pacific
Addition contained within the following metes and bounds:
BEGINNING at the southwest corner of Parcel A of Certificate of Survey 539, located in Section
6, Township 2 South,Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin
County,Montana;thence N 440 57' 57"W a distance of 125.48 feet to the southeast corner of
Lot 31, Block 97,Northern Pacific Addition to the City of Bozeman,the true point of beginning;
thence S 450 02' 03"W a distance of 60.00 feet to a point on the southerly line of Pear Street;
thence N 440 57' 57"W along said southerly line of Pear Street a distance of 291.59 feet more or
less to a point on the right-of-way line of Interstate 90;thence S 690 16' 38"E along said right-
of-way line of Interstate 90 a distance of 146.17 feet to a point on the northerly line of Pear
Street;thence S 440 57' 57"E along said northerly line of Pear Street a distance of 15 8.3 8 feet to
the southeast corner of Lot 31,Block 97,Northern Pacific Addition the true point of beginning.
The discontinuance shall not affect the right of any public or private utility facility to
continue to maintain currently established plant and equipment in the street right-of-way.
Resolution 4666
Section 2
Fee Title to Revert to Kenneth J. and Kristin VanDeWalle
It is the intent of the Commission that the fee title to the land where the right-of-way will be
discontinued will be declared, upon adoption of a final resolution discontinuing the street, to revert to
Kenneth J. and Kristin VanDeWalle for their benefit.
Section 3
City Engineering to Bring Back Plat and Final Resolution
By adoption of this Resolution, and in compliance with Resolution 3628, the City Commission of the
City of Bozeman hereby directs a plat depicting the changes approved herein be brought to the
Commission for review and decision on adoption along with a final resolution of discontinuance.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 111h day of April, 2016.
ATTEST: CARSON TAYLOR
Mayor
Off,g Q
z
ROBIN C-ROUGI-I-`
City Clerk'-, r: ° 1- _
APPROVED AS TO FORM:
7
G SULLIVAN
Attorney
I
Resolution 4666
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'- BOOSTER
STATION
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VanDeWalle
-- CITY OF BOZEMAN
PARCELS
BOOSTER STATION PROPERTY
EXHIBIT A
PEAR ST. AREA TO BE VACATED
�16
M1 99
LOT 17
BLK go
PEAR 7 - INTERSTATE 90
eo FT WDE OW MON
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NOTE: THE AREA TO BE VACATED HAS NOT BEEN COMPLETELY SURVEYED AND WAS PREPARED
AS AN EXHIBIT ONLY, THE HIGHWAY RIGHT OF WAY HAS YET TO BE DETERMINED.
LEGEND
0 MONUMENT FOUND AS NOTED
HWY ROW MONUMENT
0 4Xe CONC MARKER
0 5/8' IRON PIN WITH
YELLOW PLASTIC CAP
FOUND
YELLOW PLASTIC CAPS
POINTS ON UNE
NORTH AND SOUTH SIDES OF PEAR ST.
FOUND MONUMENTS
- - - ADJOINERS AND HWY ROW
PEAR ST AREA TO BE VACATED
NORTH LINE
MILLWAUKE SPUR LINE
ARROW-AD SURVEYING PC
MORRIS A ZAHN PLS
PO BOX 3743, BOZEMAN, MT 59772
406—W7-2220
MOZAHf1piSN.COM
1982 Stadium Drive Suite 3 KLJ
Bozeman,MT597i5-o697 �
406 404 i849
kljeng.com
DD
ARG C, I L l6
March 31, 2016
Mr. Rick Hixson
City Engineer
City of Bozeman
20 East Olive
Bozeman, MT 59771
Re: North Wallace Avenue Reconstruction - Recommendation of Contract Award
Dear Mr. Hixson:
Bids were publicly opened and read aloud for the North Wallace Avenue Reconstruction
Project on March 29, 2016. A total of three bids were received. These bids were checked for
mathematical accuracy and no discrepancies were found. Knife River - Belgrade was the
Lowest responsive Bidder with a Total Base Bid of $2,278,915.75.
KLJ is familiar with Knife River and consider them to be qualified to perform the proposed
Work of the subject Project. We therefore recommend that the City award the Contract to
Knife River - Belgrade in the amount of their Total Base Bid.
Please find enclosed a copy of the Bid Tabulation along with four (4) copies of the Notice of
Award. Once the Notice of Award has been signed, please return all four copies to KLJ. Once
received, we will forward the Notice of Award along with the remaining Contract Documents
to Knife River - Belgrade for execution.
If you should have any questions or concerns, please don't hesitate to call me at (406) 582-
6222.
Sincerely,
KLJ
Shane Strong
Project Engineer
Enclosure(s): Certified Bid Tabulation; Notice of Award (4 copies)
Project #: 11415008.5
cc: KLJ file
TABULATION OF BIDS
NORTH WALLACE AVENUE RECONSTRUCTION PROJECT r K LI
CITY OF BOZEMAN,MONTANA �.
Low Bidder 2nd Low Bidder High Bidder
Engineers Opinion of Cost Knife River-Belgrade Williams Civil Construction Nelcon,Inc.
Belgrade,MT Bozeman,MT Kalispell,MT
ITEM UNIT DESCRIPTION
UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
QTY UNIT PRICE SUM PRICE SUM PRICE SUM PRICE SUM
SCHEDULE 1-GENERAL CONDITIONS
101 Mobilization 1 LS $217,000.00 $ 217,000.00 $164,750.00 $ 164,750.00 S 90,000.00 $ 90,000.00 $302,000.00 $ 302,000.00
102 Taxes,Bond,Er Insurance 1 LS $ 80,000.00 $ 80,000.00 S 28,500.00 S 28,500.00 S 82,500.00 S 82,500.00 $135,000.00 $ 135,000.00
103 Stormwater Management&Temporary Erosion Control 1 LS S 27,000.00 S 27,000.00 $ 20,000.00 $ 20,000.00 S 31,000.00 S 31,000.00 S 19,000.00 S 19,000.00
104 Construction Traffic Control 1 LS $ 57,400.00 $ 57,400.00 S 20,000.00 S 20,000.00 S 20,300.00 $ 20,300.00 $ 45,000.00 S 45,000.00
105 Concrete Median 1 I LS $ 4,150.00 $ 4,150.00 S 2,000.00 S 2,000.00 $ 4,020.00 $ 4,020.00 $ 5,500.00 $ 5,500.00
10 Traffic Circle 1 LS $ 4,120.00 $ 4,120.00 S 3,500.00 S 3,500.00 S 5,570.00 $ 5,570.00 $ 7,800.00 S 7,800.00
107 6"Schedule 80 PVC Conduit 802 LF $ 10.00 $ 8,020.00 S 19.00 S 15,238.00 S 8.60 $ 6,897.20 5 16.00 $ 12,832.00
108 Exploratory Excavation-Large Crew 30 HR $ 500.0o $ 15,000.00 S 450.00 $ 13,500.00 $ 480.00 $ 14,400.00 $ 700.00 $ 21,000.00
109 Exploratory Excavation-Small Crew 30 HR S 200.00 S 6,000.00 $ 250.00 S 7,500.00 $ 19o.00 $ 5,700.00 S 150.00 $ 4,500.00
SUBTOTAL-SCHEDULE 1 S 418,690.00 $ 274,988.00 $ 260,387.20 $ 552,632.00
SCHEDULE2-STREET IMPROVEMENTS
201 Miscellaneous Work 1 LS S 35,000.00 S 35,000.00 S 35,000.00 S 35,000.00 S 35,000.00 S 35,000.00 S 35,000.00 $ 35,000.00
202 Concrete Removal-Flatwork 11,343 SF S 3.00 S 34,029.00 S 1.60 $ 18,148.80 $ 2.10 $ 23,820.30 S 2.50 $ 28,357.50
203 Concrete Removal-Curb&Gutter 3,691 LF S 8.00 5 29,528.00 $ 2.50 $ 9,227.50 $ 5.10 5 18,824.10 $ 8.00 $ 29,528.00
204 Remove Existing Street Sign Et Post 34 EA $ 100.00 $ 3,400.00 $ 60.00 $ 2,040.00 $ 55.00 $ 1,870.00 $ 120.00 $ 4,080.00
205 Excavation Above Subgrade 7,856 CY S 16.00 S 125,696.00 5 25.00 $ 196,400.00 $ 18.00 $ 141,408.00 S 22.00 $ 172,832.00
206 Subgrade Stabilization 603 SY $ 50.00 S 30,150.00 $ 15.00 $ 9,045.00 S 14.00 $ 8,442.00 $ 45.00 $ 27,135.00
207 1-1/2"Crushed Base Course 4,652 CY S 35.00 I$ 162,820.00 S 28.00 $ 130,256.00 $ 27.00 S 125,604.00 $ 33.00 5 153,516.00
208 SS-1 or CSS-1 Emulsified Asphalt 1,207 GAL $ 3.50 $ 4,224.50 $ 3.00 $ 3,621.00 $ 3.30 $ 3,983.10 $ 7.50 $ 9,052.50
209 Asphalt Concrete Surface Course Grade Type B 3,388 TON S 65.00 S 220,220.00 S 54.00 $ 182,952.00 S 60.00 $ 203,280.00 S 46.00 I$ 155,848.00 210 Asphalt Cement Binder(PG 58.28) 203 TON S 550.00 $ 111,650.00 S 1.00 $ 203.00 $ 1.10 $ 223.30 $ 400.00 $ 81,200.00
211 Combined Curb Er Gutter 6,716 LF $ 16.00 $ 107,456.00 $ 11.50 $ 77,234.00 $ 16.00 $ 107,456.00 S 20.00 $ 134,320.00
212 4-Inch Sidewalk 5,141 j SF $ 7.50 $ 38,557.50 $ 7.00 S 35,987.00 $ 9.80 $ 50,381.80 S 5.75 S 29,560.75
213 6-Inch Sidewalk 1,900 SF $ 8.00 $ 15,200.00 S 8.00 $ 15,200.00 $ 11.00 S 20,900.00 $ 9.00 $ 17,100.00
214 Detectable Warning Panels 480 SF S 40.00 I $ 19,200.00 $ 30.00 $ 14,400.00 $ 33.00 I $ 15,840.00 $ 50.00 $ 24,000.00
215 Concrete Driveway(6-inch) 5,755 SF $ 10.00 $ 57,550.00 $ 8.00 S 46,040.00 S 11.00 $ 63,305.00 $ 8.50 $ 48,917.50
216 Street Sign&Post 90 EA $ 500.00 $ 45,000.00 $ 300.00 S 27,000.00 S 330.00 S 29,700.00 $ 535.00 S 48,150.00
217 Reset Existing Street Sign&Post 1 EA S 250.00 $ 250.00 $ 200.00 S 200.00 S 220.00 $ 220.00 $ 300.00 $ 300.00
219 Speed Feedback Sign
218 Flexible Delineator 40 EA S 75.00 S 3,000.00 $ 80.00 S 3,200.00 S 83.00 $ 3,320.00 $ 75.00 $ 3,000.00
1 EA $ 6,000.00 $ 6,000.00 $ 8,750.00 S 8,750.00 $ 9,420.00 5 9,420.00 S 10,0o0.00 S 10,000.00
220 Preformed Inlaid Plastic Pavement Marking-White(8-inch) 834 LF S 8.00 $ 6,672.00 $ 10.00 $ 8,340.00 S 9.90 1 $ 8,256.60 1 S 11.00 S 9,174.00
Page 1 of 4
APPLICATION FOR
STREET/ALLEY VACATION
1. Applicant's Name: K kwo
�. Applicant's Address: -400 , A4T 5015
3. Applicant's Telephone Number—.
4. Name and written description of street/alley or part thereof to be vacated:
�j�Tt��� 1�`�'��"l��"1✓i�t/i-�i,�ix� �-i�!-�T���=���y �� t�1����N� �.�
IA ('t-j e��T �D;
�s v�-t�i�t-�.tv ��c..r rry l v�-v� � r•"�,: _„ „ - V
Nam•Maw V6 OF—AM
5. Map/Diagram of proposed vacation showing the following: � �-�p fvoxweP
a. Location in city;
b. Street/Alley proposed to be vacated;
C. Applicant's property; (`
d. Other adjacent property o�v�lers; 0S�P0 A `J i
e. Location of utilities; and -------
f. Buildings/Fixtures adjacent.
6. Names and addresses of landowners adjacent to the street/alley to be vacated:
Name Address
�������� ��j � �it�i� ut�i�D i�i� ��► iMl�cyivt'1,?r�i� -�Cvunti i�i�(� ���
7. ATTACH SIGNEID CONSENT LETTERS FRO\I EACH ADJACENT LANDOWNER.
8. Is street/alley improved? YES 9 (circle one).
9. Attach statement from utility companies indicating whether they consent, consent with conditions and
stating conditions, or object to proposed vacation.
10. Attach title report showing all ownership interests and easements in property abutting the proposed vacation.
11. Nan-refundable Application Fee for simple street/alley vacations:
Public Service $ 60.00
0
City Clerk $ 75.00 ��0
Police $ 25.00
Fire $ 25.00
Din ;»r, 19 in nn
City Engineering Staff Report—Proposed discontinuance (vacation) of portion of Pear Street
A petition to discontinue a portion of Pear Street was received from Kenneth VanDeWalle and
referred to staff for review. The portion of Pear Street proposed for discontinuance is near the
Pear Street Water Supply Booster Station, and extends from the Booster Station northwest
approximately 300 feet to the right-of-way of Interstate 90. The adjoining property owners are
the applicant and City of Bozeman on the northerly side, Montana Rail Link on the southerly
side, and the Montana Department of Transportation on the westerly side. The street right-of-
way proposed for discontinuance is currently unimproved. Encroachments consisting of fences
and sometimes livestock sheds have existed in the right-of-way for many years. The impact of
the proposed discontinuance has been reviewed by the criteria set forth in Commission
Resolution 3628:
Impact on private and public utilities: It was determined that the discontinuance, as proposed by
the applicant, would impact access to the Booster Station and existing water mains. The
applicant subsequently revised the limits of the proposed discontinuance to eliminate these
concerns. As revised, no public sewer, water or storm drain mains exist within the subject right-
of-way. The City's current facility planning maps for water and sewer do not identify a need for
any mains to utilize any of the subject right-of-ways in the future. The applicant solicited
comments from all known local private utility providers. No objections to the discontinuance
have been received from any private utility provider.
Impact on traffic: the subject right-of-ways are not developed as improved streets or alleys and
are not part of the current transportation system. The City's current transportation facility
planning maps do not identify a need to utilize the subject right-of-ways for any future street
network.
Impact on accessibility: discontinuance of this right-of-way would not change current
accessibility as it is not being utilized for either vehicle or pedestrian traffic. Access to the
Booster Station would remain as it currently is.
Impact on fire, police and other emergency services: no impact to these services identified.
Impact on garbage collection and street maintenance: no impact to these services identified.
Alternatives to vacation: revocable encroachment permits could be issued. Some improvements
such as sheds and fences are currently located within these right-of-ways. Encroachment permits
would allow the encroachments to continue until such time as the right-of-way is needed in the
future.
Recommendation: discontinuance of the right-of-way as requested can be done without
detriment to the public interest, and is the preferred alternative. An encroachment permit for any
remaining encroachments such as fences not within the vacated area could be issued to allow
these to remain until such time as the right-of-way is needed for public use.