HomeMy WebLinkAboutH7 Blk 51 NP add alley vacation 9-25-06
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Debbie Arkell, Director of Public Services
Chris Kukulski, City Manager
SUBJECT: Alley Vacation Request – Block 51 Northern Pacific Addition
MEETING DATE: September 25, 2006
BACKGROUND: An application was received from Daniel Ruggles and Stephen B. Carlson
to vacate the east-west alley in Block 51 of the Northern Pacific Addition. The alley is located in
the 400 block of Ida Avenue between Fridley Street and Orange Street. The purpose of the
vacation is to provide additional square footage for an amended plat the applicants are proposing.
Mr. Carlson’s property adjoins the alley on the north. The alley is currently un-improved and is
not open to public travel due to fence and shed encroachments. The application was referred to
staff, and no objections to the proposed vacation were received. The Commission approved
Resolution of Intent No. 3935 to vacate this alley on August 7, 2006, and set the public hearing
for September 5, 2006. Due to an advertising glitch, the hearing was opened and continued and
re-advertised for September 25, 2006.
As required in the commission resolution setting the policy for street vacations, the
following has been evaluated:
Impacts on private and public utilities: Letters were received from local private utility
companies indicating that they did not object to the proposed vacation. No public utilities exist
within the right-of-way and it is not anticipated that this right-of-way would ever be needed for
public utility lines. City staff did not oppose the vacation request, as access is provided by the
north-south alley and Ida Street.
Impact on Traffic and accessibility, both existing and future: Vacation of this alley
would not have an impact on traffic or accessibility as the alley is currently un-improved and is
not open to public travel due to fence and shed encroachments. The adjoining lots are
adequately served by the north-south alley and Ida Avenue.
Alley Vacation Request – Block 51 Northern Pacific Addition
September 25, 2006
Page 2
Impact on fire, police and other emergency services: The application was referred to
staff, and no objections to the proposed vacation were received.
Impact to Adjoining Property Owners: A letter was previously received from the
adjoining landowner on the south, Mr. Paul Gaffney, indicating no objection to the proposed
vacation (copy attached).
Alternatives to discontinuance, abandonment or vacation, ie.: use permits, encroachment
permits, licenses, contracts and deeds: The alley is currently un-improved and is not open to
public travel due to fence and shed encroachments, and adjoining lots are adequately served by
the north-south alley and Ida Avenue. Due to this, no alternatives are deemed necessary.
RECOMMENDATION: Conduct public hearing and accept public comment. Per Commission
Resolution adopted in September 2003 the Commission must make findings concerning:
1. Objection or lack of objection;
2. Percentage of owners making request
a. all owners; or
b. Over 50% of owners; or
c. If a street or alley to be closed for school purposes, with 75% of owners
3. Whether the action can be done without detriment to the public interest
4. Whether there are any public utility easements – decision shall not affect right to
continue to maintain plant and equipment in affected street or alley (7-14-4115 MCA)
5. Commission may take any of the following actions:
a. Deny the petition
b. Approve the petition
c. Approve the petition with conditions
d. Approve an alternative to the action
e. Allow the petition to be withdrawn
f. Allow any other action that is in the best interests of the public
If the vacation request is approved the City Engineering Office will prepare a Plat depicting the
approved change. The Plat will be placed on the next available Commission Consent Agenda
along with a Resolution of Vacation. Once approved, the Plat and Resolution of Vacation will
be filed with the County Clerk and Recorder.
Alley Vacation Request – Block 51 Northern Pacific Addition
September 25, 2006
Page 3
The vacation can be done without detriment to the public interest. Fifty percent of the owners
made the request, but the other adjoining owner stated in writing he does not object to the
vacation. There are no public utilities within the right-of-way and it is not anticipated that right-
of-way would ever be needed for public utility lines.
Staff recommends the Commission approve the petition to vacate this alley, and direct Staff
to bring back the Resolution to Vacate for action on the next available Commission
Consent Agenda.
FISCAL EFFECTS: Upon vacation, the right-of-way will revert to private ownership, and the
property will be assessed taxes and other assessments, which will be a slight increase in the
existing taxes and assessments.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_________________________________ ____________________________
Debra H. Arkell, Director of Public Services Chris A. Kukulski, City Manager
Attachments: Application for Street/Alley Vacation
Letter from Paul Gaffney
Report compiled on September 21, 2006
Cc: Richard Hixson, City Engineer
Andy Kerr, Engineering Assistant
File: 631