HomeMy WebLinkAboutConsent 9Page 1 of 3
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Greg Sullivan, City Attorney
Mitch Overton, Director of Parks & Recreation
Shawn Kohtz, City Engineer
SUBJECT: Adoption of Resolution 5168 – Authorizing the Creation &
Establishment of Right-of-Way for a City Street and Public
Utilities Across Parcel 3 (Park) of the Amended Plat of Minor
Subdivision 154 to Provide Access to the Glen Lake Rotary Park
MEETING DATE: May 4, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Resolution 5168.
RECOMMENDED MOTION: I move to adopt Resolution 5168.
STRATEGIC PLAN:
Section 4 of the City’s Strategic Plan calls for a Well Planned City stating, “4.3 Strategic
Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new
infrastructure.”
BACKGROUND:
Over the past few years, the City has been working with various partners, including the Bozeman
Sunrise Rotary Club, to plan for the financing and construction of a second entrance into the Glen
Lake Rotary Park (Park). At the same time, the City has been working with Northwestern Energy
(Northwestern) to facilitate a land exchange where in Northwestern would construct a new city
street off of Manley Road providing access to its yard off Griffin Drive and to the Park, and would
obtain fee ownership of a parcel of city owned land off North Rouse Avenue (north of Griffin
Drive).
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To facilitate the construction of a new public street accessing the Glen Lake Rotary Park (Park)
the City must first provide for a public street right of way across existing City owned dedicated
parkland that fronts on Manley Road. If the Commission adopts the resolution attached to this
memorandum it will authorize the creation of a public street and utility right-of-way 60 feet in
width as shown on the exhibit to the Resolution. This is the first step in piecing together the various
rights-of-way necessary to construct the new city street leading to the southern end of the Park.
This new street will connect to the existing parking lots and the northern entry to the Park.
Glen Lake Rotary Park Master Plan & Benefit to the Park of Creating New Right-of-Way
In 2012, Manley Commercial Partners LLC dedicated a .707 acre park to the City as part of an
amended plat 1 of Minor Subdivision No. 154 (see attached). That dedication created a City park
parcel on the east side of the curve on Manley Road just north of the intersection of Manley Road
and Griffin Drive. This parkland is the subject of tonight’s action.
On February 24, 2020 the City Commission adopted Resolution 5146 – adoption of the Glen Lake
Rotary Park Master Plan Narrative (the “Plan”). Project #2 in the Plan calls for a second entrance
to the park. For a detailed discussion of the benefits of this new city street and access to the Park
see pg. 6, 17, Figure 5 (pg. 19), 27, 28, and 31 of the Plan. The creation of right-of-way across the
Manley road park parcel is critical if the project called for in the Plan is to be completed. Without
the creation of this right-of-way, the street cannot be constructed.
City staff agree with the Plan: A second park access increases safety, reduces congestion, and
improves visibility both for vehicular and pedestrian travel. In addition, using a portion of Parcel
3 of the amended plat of Minor Subdivision 154 to provide a public street and utility right-of-way
to access the Park is consistent with the purposes for which Parcel 3 was originally dedicated to
the City. The new street will not only access the Park but also provide additional access to Parcel
3, itself.
The Glen Lake Rotary Park property is owned by the Montana Department of Fish, Wildlife, and
Parks (FWP) and managed by the City under a management agreement. The management
agreement requires the City to inform FWP of pending projects. FWP consents to the creation of
the new street across the Park.
Northwestern Energy Land Exchange
For the past several years, the City has been working with Northwestern to facilitate a land
exchange and construction of the new street to the Park. The premise of the exchange will be for
the City to provide Northwestern fee ownership of a parcel of land along the west side of North
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Rouse Avenue and grant Northwestern an easement across the southern portion of the City yard
property in exchange for Northwestern acquiring the necessary right-of-way to construct the City
street to the Park (across the Mergenthaler and Northwestern properties) and for constructing the
street to city standards. Attachment that shows all parcels in different colors with labels?
More information on the history of the proposed exchange with Northwestern can be found in the
Commission packet from March 19, 2018 when the Commission determined the property proposed
to be granted to Northwestern was no longer necessary for the conduct of City business. Minutes
from the 3/19/2018 meeting can be found here.
NEXT STEPS: Additional action by the City includes adoption of an exchange agreement with
Northwestern, several subdivision exemptions related to the land exchange with Northwestern,
acceptance by the City of right-of-way to be granted by Northwestern across the Mergenthaler
property and across the northwest corner of Northwestern’s property, completion of design, and
then construction of the project. We anticipate significant action on these items in the next month
with construction of the road planned to begin this fall.
UNRESOLVED ISSUES: In the future, the City pla ns to seek consent from FWP to create a
driveway heading east from the new street as it enters onto the Park property that will provide City
only access to the existing City yard. Construction of the access driveway will be budgeted for in
future years. Currently, we estimated the costs of constructing this driveway to be $300,000.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: We do not identify any fiscal effects from this action. At the time of
adoption by the Commission of the exchange agreement with Northwestern we will describe in
detail the fiscal effects of the exchange. Currently, the estimated costs of construction of the city
street from Manley to the Park is $338,000 and $60,000 for Engineering, surveying, project
management, and construction inspection services. Costs related to connecting the new street to
the existing parking lot in the Park are to be borne by the Sunrise Rotary through its own efforts.
As noted above, costs related to constructing an access to the City’s triangular parcel, used for
storage of public works materials, will be proposed in a future capital improvement plan. At the
time we bring you the exchange agreement with Northwestern we will provide detail costs related
to the exchange.
Attachments:
• Resolution 5168 with easement exhibit.
• Diagram of new city street from Manley Road to the Park.
• Plat of Manley Road park parcel.
• Diagram of properties involved in land exchange.
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After recording return to:
Bozeman City Clerk
PO Box 1230
Bozeman, MT 59771
COMMISSION RESOLUTION NO. 5168
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AUTHORIZING THE CREATION &
ESTABLISHMENT OF RIGHT-OF-WAY FOR A CITY STREET AND
UTILITIES ACROSS PARCEL 3 (PARK) OF THE AMENDED PLAT
OF MINOR SUBDIVISION 154 FOR PURPOSES OF PROVIDING
ADDITIONAL ACCESS TO THE GLEN LAKE ROTARY PARK
WHEREAS, pursuant to Sect. 7-14-4101, MCA, the City Commission has the power to lay out,
establish, open, alter, wide, extend, grade, pave, or otherwise improve streets within the City; and
WHEREAS, parcel 3 (Park) of the amended plat of Minor Subdivision 154 was dedicated to the
City as parkland on May 7, 2012; and
WHEREAS, the City manages the Glen Lake Rotary Park in partnership with the Sunrise Rotary
and the Montana Department of Fish, Wildlife, and Parks;
WHEREAS, in February of 2020, the City Commission adopted the Master Plan for the Glen
Lake Rotary Park calling for the creation of a second access to the south end of the Park; and
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Resolution 5168 - Establishing a Public Street and Utility Right-of-Way Across City Parkland
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WHEREAS, the creation and establishment of a public street and utility right-of-way across parcel
3 of the amended plat of Minor Subdivision 154 is necessary to the development of a second access
road to the Glen Lake Rotary Park and will serve the public interest by improving traffic flow
through the Park, providing additional parking and access to the Park and its amenities, providing
increasing public safety; and
WHEREAS, the City Commission determines using a portion of Parcel 3 of the amended plat of
Minor Subdivision 154 to provide a public street and utility right-of-way to access the Glen Lake
Rotary Park is consistent with the purposes for which Parcel 3 was originally dedicated to the City.
NOW THEREFORE BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, as follows:
Section 1
The City Commission hereby establishes and creates a public road and utility right-of-way
across Parcel 3 of the amended plat of Minor Subdivision 154 located in the SW1/4 of Section
31, T. 1 S., R. 6 E., P.M.M., Gallatin County, Montana, more particularly described as follows,
to-wit:
A right-of-way Sixty-Eight feet in width, commencing on the northeasterly
right-of-way line of Manley Road and terminating on the west line of Lot
2 in Minor Subdivision No. 154 as shown and designated on the attached
EXHIBIT A as “Public Road and Utility Right of Way”.
Section 2
This Resolution is to be recorded in the records of the Gallatin County Clerk and Recorder.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 4th day of May, 2020.
___________________________________
CHRIS MEHL, Mayor
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Resolution 5168 - Establishing a Public Street and Utility Right-of-Way Across City Parkland
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ATTEST:
____________________________________
TANYA ANDREASEN
Acting City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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NORTH050SCALE:1" = 100'10050EXHIBIT A120
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