HomeMy WebLinkAboutResolution 4133 Intent to Close Portion of Alley in Block I, Original TownsiteCommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Kerr, Engineering Assistant
Chris Kukulski, City Manager
SUBJECT: Resolution of Intent to close portion of alley in Block I, Original
Townsite (alley adjacent to New City Hall)
MEETING DATE: October 20, 2008 (Consent Item)
RECOMMENDATION: Proceed with the closure process: approve a Resolution of Intent
(Commission Resolution 4133, attached) to close a portion of the alley adjacent to the new City
Hall building to vehicular travel, and schedule a public hearing for December 1, 2008.
BACKGROUND:
Staff is recommending the closure of a portion of the alley adjacent to the new City Hall
building to vehicular traffic due to potential security and noise concerns. The proposed closure is
from the west line of the City Hall building to the west bank of Bozeman Creek. Closing the
alley to vehicular traffic would not vacate the right-of--way, and the alley could be re-opened to
traffic in the future by Commission action.
Closing this portion of the alley to vehicular traffic would not severely impact traffic
circulation in this area. The alley currently dead-ends at Bozeman Creek. In 2005, staff
approved a request to gate the alley to discourage use of an adjoining private parking lot by
library patrons. Vehicles traveling east on the alley will still be able to exit out to Lamme Street
via the west parking lot of City Hall.
If the closure is approved, the closed portion would be blocked off and the pavement
would be removed and replaced with landscaping. Fencing may also be installed to discourage
use of the adjoining private parking lot on the south side of the alley by persons having business
at City Hall.
FISCAL EFFECTS: The landscaping work for the City Hall remodel is a part of Phase
II construction. Money will be budgeted from the general fund for exterior improvements of the
building, and could include landscaping of the closed portion of the alley.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
~~`!~' ~ ~
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Andrew Kerr, Engineering Assistant
Chris A. Kukulski, City Manager
Attachments: Commission Resolution No. 4133
Adjoiners List
Report compiled on October 14, 2008
COMMISSION RESOLUTION N0.4133
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
CLOSE A PORTION OF THE EAST-WEST ALLEY IN BLOCK I, ORIGINAL
TOWNSITE TO VEHICULAR TRAVEL.
WHEREAS, the relocation of City Hall from 411 E. Main Street to 121 N. Rouse has recently been
completed; and
WHEREAS, the meeting room of the City Commission will be in close proximity to the east-west
alley in Block I, Original Townsite; and
WHEREAS, the Superintendent of Facilities has identified some potential security and noise
concerns if vehicular travel is allowed to continue on said alley and
WHEREAS, this portion of the alley has been gated since 2005 to discourage use of an adjoining
private parking lot by library patrons;
WHEREAS, it appears to the City Commission that the subject alley can be closed without
detriment to the public interestsand access to other properties; and
WHEREAS, it appears to the City Commission to be in the best interests of the City of Bozeman
and the inhabitants therein that said alley be closed to vehicular travel, provided that said closure does not
affect the right of any public utility to continue to maintain its plant and equipment in said alley 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 close a portion of the east-west alley in Block I, Original Townsite to vehicular travel, more particularly
described as follows:
BEGINNING at a point on the north line of the east~west alley in Block I, Original Townsite, City of
Bozeman, Gallatin County, Montana, which is the intersetion of the west line of the existing City Hall
Building (extended) and said north line of the eas~west alley, said point being 243 feet east of the west
line of said Block I; thence east along the north line of said alley a distance of 113 feet more oriess to
the west bank of Bozeman Creek; thence south a distance of20 feet to the south line of said alley;
thence west along said south alley line a distance of 113 feet; thence north a distance of 20 feet to the
point of beginning.
The closure shall not affect the right of any public utility to continue to maintain existing plant and
equipment in the alley right-of-way.
Section 2
Notice
That the City Clerk of the City of Bozeman is hereby directed to publish notice in Bozeman Daily
Chronicle per Section 7-1-4127, Montana Code Annotated, and mail notice to the affected property owners,
which notice shall state the time and place at which objections will be heard.
Section 3
Time for Objections
That the regular session of the City Commission of the City of Bozeman to be held at the
Commission Meeting Room, City Hall, 121 N. Rouse Avenue, Bozeman, Montana, on Monday, the 1st day
of December, 2008, at the hour of 6:00 p.m. of said day is the time and place where and when the City
Commission will hear all objections to the closing of said alley.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 20th day of October, 2008.
U.
ATTEST: KAAREN JACOBSON, ayor
STAY LME
City e
APPROVED AS TO FORM:
-~
ROBERT LANALP
In~erinncity Atto ey
NOTICE OF INTENT TO CLOSE PORTION OF ALLEY
NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 20th day of October,
2008, the City Commission of the City of Bozeman, Montana, duly and regularly passed and adopted
Commission Resolution No. 4133 ,entitled:
COMMISSION RESOLUTION N0.4133
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
CLOSE A PORTION OF THE EAST-WEST ALLEY IN BLOCK I, ORIGINAL
TOWNSITE TO VEHICULAR TRAVEL.
NOTICE IS HEREBY FURTHER GIVEN that Monday, the 1st day of December, 2008, at 6:00
p.m. at the Commission Meeting Room, City Hall, 121 N. Rouse Avenue, Bozeman, Montana, is designated
as the time and place to hear objections to the vacation of the street right-of-way more particularly described
in the Resolution of Intention, and is the time and place for any person whose property abuts upon the
portion of the alley rights-of-way affected by the proposed closure to appear and object, if they wish to do
so.
DATED this day of 2008.
S U EN
City ler
Legal Ad
Publish: 10/26/08
11 /2/08
ADJOINERS LIST- PROPOSED ALLEY CLOSURE
Joseph & Renee Sabol II
8440 Bridger Canyon Rd
Bozeman, MT 59715
Community Health Partners Inc
126 S Main
Livingston, MT 59047
Everett & Marla Cope
416 N 23rd Ave
Bozeman, MT 59718