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HomeMy WebLinkAboutPublic Hearing petition by MDT for discontinuance of streets & alleys Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Kerr, Engineering Assistant Rick Hixson, City Engineer SUBJECT: Public Hearing on a Petition by the Montana Department of Transportation to Discontinuance Several Streets and Alleys in and Adjacent to Blocks 14, 15, and 28, Imes Addition and Adoption of Resolution 4489 – a Resolution of Intent to Discontinue Said Streets and Alleys MEETING DATE: November 18, 2013 AGENDA ITEM TYPE: Action RECOMMENDATION: Conduct a public hearing, approve the Montana Department of Transportation’s petition to discontinue the streets and alleys as requested, and proceed by adopting the Resolution 4489 – a Resolution of Intent to discontinue said streets and alleys. RECOMMENDED MOTION: Having conducted a public hearing and considered public comment, I move to adopt the findings provided in the staff memorandum and approve the petition by the Montana Department of Transportation to discontinue the streets and alleys in and adjacent to Blocks 14, 15, and 28 of the Imes Addition as shown on Exhibit A of Resolution 4489 and to also adopt Resolution 4489, a Resolution of Intent to discontinue the street and alley right-of-ways as petitioned by the MDT. BACKGROUND: On the 24th day of September, 2013, the Montana Department of Transportation (the MDT) filed a petition with the Bozeman City Clerk to discontinue the street and alley rights-of-way within the confines of their facility at 907 N. Rouse Avenue. The petition was acknowledged by the City Commission and referred to the Engineering Division for review on October 14, 2013. For additional background on the petition please see the staff memorandum from 10/14/2013. The Engineering Division has reviewed the proposal (see the 116 attached Engineering Report) and has found these rights-of-way could be discontinued without detriment to the public interest. FINDINGS Section III of Exhibit A to Resolution 3628 (2003) establishes procedures for the Commission’s determination on a petition to discontinue a right-of-way. These procedures require the Commission to make specific findings. As such, we provide the following: 1. Petition contained all required information. The petition submitted by the Montana Department of Transportation contains all information required by Resolution 3628. 2. Objection of lack of objection. As of the date of this staff memorandum, there has been no public comment regarding MDT’s petition. Should objections be filed prior to or during the public hearing the Commission must make note of such objections. A notice of this public hearing will be published in the Daily Chronicle on November 10th and 17th. 3. Percent of Owners making request. MDT owns greater than 50% of the real property adjacent to the rights-of-way petitioned to be discontinued. The only other owner is Gallatin County. The notice of the public hearing has been sent to all adjacent owners. 4. Whether the action can be done without detriment to the public interest. The findings of the Engineering Report are adopted herein and address issues such as impact on traffic, accessibility, fire, police and other emergency services, garbage collection, and street maintenance. 5. Whether any public utility easements exist. The findings of the Engineering Report are adopted herein. According to the Engineering Division there are no public sewer, water or storm drain mains within the subject rights-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 MDT solicited comments from all known local private utility providers. NorthWestern Energy was the only utility to respond, indicated they have no known plant or equipment in the affected rights-of-way, and has consented to the proposed discontinuance. 6. Title to revert to the State of Montana. MDT has occupied and used the land upon which the subject rights-of-way are located for over 50 years without detriment to the interests of the City or the public. As such, the fee title to the rights-of-way discontinued should, upon adoption of a final resolution to discontinue the streets and alleys, revert to the State of Montana for the benefit and use of the Montana State Highway Commission. Department of Transportation. UNRESOLVED ISSUES: None identified regarding the issues related to discontinuance. Should the Commission approve the petition and adopt this Resolution, City Engineering will develop a plat and a final resolution for Commission consideration on a future consent agenda. Upon approval of the final resolution discontinuing these streets and alleys the approve plat and final resolution will be filed with the Gallatin County Clerk and Recorder. 117 ALTERNATIVES: Pursuant to Exhibit A to Resolution 3628, section III.E, the Commission may take any of the following actions: • Deny the petition by declining to adopt this Resolution; • Approve the petition; • Approve the petition with conditions; • Approve an alternative to the action; • Allow the petition to be withdrawn; or • Allow any other action that is in the best interest of the public. FISCAL EFFECTS: No significant effects identified. There will be staff time associated with preparing a plat and final resolution and to pay the costs of filing the plat and resolution with the Clerk and Recorder. As indicated upon Commission receipt of the petition, Staff is preparing a memorandum of understanding with MDT to describe the duties and responsibilities of the City and MDT as we move forward to finalize the land exchange. The payment of fees for the discontinuance (including recording costs) will be negotiated as part of the MOU. Attachments: Commission Resolution No. 4489 Aerial photograph showing the MDT property and the rights-of-way to be discontinued Engineering Report Application for Street/Alley Vacation Report compiled on November 5, 2013 118 Resolution 4489 Page 1 of 3 COMMISSION RESOLUTION NO. 4489 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 PORTIONS OF STREETS AND ALLEYS IN IMES 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 Montana Avenue in the Imes Addition to the City of Bozeman from Tamarack Street to Oak Street, Juniper Street from Rouse Avenue to Montana Avenue, Hemlock Street from Rouse Avenue to Montana Avenue, and the alleys in Blocks 14, 15, and 28 of the Imes Addition, has been filed with the City Clerk by the Montana Department of Transportation, owner of property abutting the said street and alley rights-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 on October 14, 2013); (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 November 18, 2013 at which time reasonable opportunity was provided to the public and those that have an interest in property abutting said rights-of-way to make objections to the discontinuance of these rights-of-way; and WHEREAS, the subject street and alley rights-of-way can be discontinued without detriment to the public interests; and 119 Resolution 4489 Page 2 of 3 WHEREAS, it is in the best interests of the City of Bozeman and the inhabitants therein that said right-of-ways be discontinued, provided, however, that said discontinuance does not affect the right of any public utility to continue to maintain its currently established plant and equipment in said rights-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, in approving the Montana Department of Transportation’s petition to discontinue the streets and alleys described herein, to discontinue the street and alley rights-of- way in the Imes Addition contained within the following metes and bounds: BEGINNING at the southeast corner of Block 28 of said Imes Addition; thence westerly along the north right-of-way line of Tamarack Street a distance of 354 feet to the southeast corner of Block 27 of said Imes Addition; thence northerly along the west right-of-way line of Montana Avenue a distance of 1,020 feet to the northeast corner of Block 13 of said Imes Addition; thence easterly a distance of 60 feet to the northwest corner of Block 14 of said Imes Addition; thence easterly along the north line of said Block 14 a distance of 354 feet to the northeast corner of said Block 14; thence southerly along the west right-of-way line of Rouse Avenue a distance of 1,020 feet to the southeast corner of said Block 28, the 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 or alley rights-of- way. Section 2 Fee Title to Revert to Montana Department of Transportation It is the intent of the Commission that the fee title to the land where the rights-of-way will be discontinued will be declared, upon adoption of a final resolution discontinuing the streets and alleys, to revert to the State of Montana for the benefit and use of the Montana State Highway Commission, Helena, Montana. 120 Resolution 4489 Page 3 of 3 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 hereby directs a plat depicting the changes as 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 18th day of November, 2013. ___________________________________ SEAN A. BECKER Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 121 Legend Parcels Proposed Street & Alley Right of Way Vacation EXHIBIT A ATTACHMENT TOCOMMISSION RESOLUTION 4489¯ E TAMARACK ST JUNIPER ST HEMLOCK ST E OAK ST E BIRCH ST N ROUSE AVEN MONTANA AVE354'1020'1020'354'GALLATIN COUNTY FAIRGROUNDSIMES ADDITION14 15 28 13 16 27 122 Legend Parcels Proposed Street & Alley Right of Way Vacation MONTANA DEPT. OF TRANSPORTATIONSTREET ALLEY VACATIONPROPOSAL¯ E TAMARACK ST JUNIPER ST HEMLOCK ST E OAK ST E BIRCH ST N ROUSE AVEN MONTANA AVE354'1020'1020'354'GALLATIN COUNTY FAIRGROUNDSIMES ADDITION14 15 28 13 16 27 123 City Engineering Staff Report – Proposed discontinuance of streets and alleys within the Montana Department of Transportation District Office and Maintenance Yard, 907 N. Rouse Avenue A petition to discontinue streets and alleys within the Montana Department of Transportation (MDT) facility at 907 N. Rouse was received from MDT and referred to staff for review. The Engineering Division solicited comments concerning this proposal from all other city departments, and no comments were received. The City Manager determined a conference of City staff was not necessary. The impact of the proposed discontinuance has been reviewed by the criteria set forth in Commission Resolution 3628: Impact on private and public utilities: no public sewer, water or storm drain mains exist within the subject right-of-ways. 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. NorthWestern Energy was the only utility to respond, indicated they have no known plant or equipment in the affected right-of-ways, and they have consented to the proposed discontinuance. 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 these right-of-ways would not change current accessibility as they are not being utilized. Future accessibility to the site would still be good as access from Oak Street, Tamarack Street, and Rouse Avenue would remain. There does not appear to be any need for east-west streets through the site, as such streets would likely end at the Fairgrounds property. Access to the Fairgrounds property is adequately achieved from Tamarack and Oak streets. Hemlock Street is already vacated east of Rouse. The right-of-way for Juniper Street extends one block east of Rouse; east of Church Avenue it has been vacated. Montana Avenue has been vacated south of Tamarack Street for one block through the City Shops Complex. 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 buildings are currently located within these right-of-ways. Encroachment permits would allow the encroachments to continue until such time as the right-of-ways are needed in the future. Recommendation: discontinuance of the right-of-ways as requested can be done without detriment to the public interest, and is the preferred alternative. The discontinuance would clear 124 up title issues with the property as detailed in City Attorney Sullivan’s memo to the City Commission on October 14, 2013. 125 126