HomeMy WebLinkAbout11-19-07_Reconsideration of a previous application to Vacat_14
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Debbie Arkell, Director of Public Services
Chris Kukulski, City Manager
SUBJECT: Reconsideration of an application from Paul N. Bockus for the vacation of
a portion of East Lamme Street
MEETING DATE: November 19, 2007
RECOMMENDATION: Review information from July 16, 2007 hearing. Motion and
Vote to reconsider OR to not reconsider the decision made on July 16, 2007 to deny the
street vacation request. If a motion passes to reconsider the request, the item will
considered at a public hearing at a future date.
BACKGROUND: An application was received and processed from Paul N. Bockus to vacate
the remaining portion of East Lamme Street east of North Broadway. The right-of-way
requested for vacation is 60-feet wide and extends east from Broadway approximately 120 feet to
meet with a previously vacated portion of Lamme Street. The right-of-way is currently not used
for vehicular traffic, and the northern portion has been encroached upon and has been used as a
side yard for the property located at 202 N. Broadway for many years. The application was
referred to staff and was reviewed following the procedures established in Commission
Resolution No. 3629, which was adopted in September 2003. The attached July 16, 2007
Commission Memorandum from Andrew Kerr, Engineering Assistant outlines the findings the
Commission must consider during all street vacation requests.
During discussion of the request at the July 16, 2007 meeting, a member of the commission
expressed concern with vacating right-of-any way in light of our ever-changing development
trends. Staff noted that this piece of right-of-way is adjacent to previously vacated streets, and
this piece of right-of-way will provide no access to anybody, as it butts up against the Village
Downtown development. A member of the commission asked if the right-of-way could be made
a park, and staff replied that the Commission has adopted resolutions to allow people to use
right-of-way for park purposes, citing that this was done for a portion of Lincoln Street. The
adjacent property owners maintain this piece of right-of-way in a park-like setting, but the street
is not vacated, so the street could be extended if needed. (This has also occurred with a section
of Front Street between Tamarack and Wallace Streets.)
A motion to direct staff to bring back a resolution to vacate the subject right-of-way failed on a
2-3 vote, with Commissioners Kirchhoff and Jacobson voting Aye and Commissioners Rupp,
Becker and Mayor Krauss voting No. An audio copy of the minutes relating to this matter have
been provided to the Commission by the City Clerk.
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Commission Memorandum
Reconsideration of Bockus Street Vacation Request
November 19, 2007
Page 2
During the public comment portion of the October 22, 2007 Commission meeting, Mr. Bockus
asked the Commission to reconsider their decision to deny his request and a majority of the
Commission indicated that they would consider whether to reconsider the application.
Previous MCA stated that vacated streets reverted equally to the adjacent property owners, and
that is historically how the city continues to revert street vacations. Current MCA 76-3-305
Vacation of plats -- states, in part:
(1) Any plat prepared and recorded as provided in this part may be vacated either
in whole or in part... Upon vacation, the governing body… shall determine to
which properties the title to the streets and alleys of the vacated portions must
revert. The governing body… shall take into consideration the previous platting;
the manner in which the right-of-way was originally dedicated, granted, or
conveyed; the reasons stated in the petition requesting the vacation; the parties
requesting the vacation; and any agreements between the adjacent property
owners regarding the use of the vacated area. The title to the streets and alleys of
the vacated portions may revert to one or more of the owners of the properties
within the platted area adjacent to the vacated portions.
This statute implies that the title to a vacated street must revert to adjacent properties. However,
the Commission may determine how much land is reverted to each adjoining property. Because
the City does not own title to property adjacent to the subject land, ownership of the vacated
property cannot revert to the City. However, the City could retain the right-of-way and use the
land for other public purposes (i.e. park or trail).
Engineering Assistant Andrew Kerr will be present at the meeting to answer any questions the
Commission may have on this application or on the vacation process.
FISCAL EFFECTS: Mr. Bockus paid the $195.00 application fee established by Resolution
No. 3629, of which $98.70 was paid to the Chronicle for publication of the Resolution of Intent
to Vacate. The remaining fees cover office expenses, mailing costs, staff time and filing fees
(when approved). If the City Attorney determines that a Resolution of Intent to Vacate must
again be published and mailed to adjacent property owners, these costs will have to be absorbed
by the City Clerk’s office unless the Commission requires the fee to be paid again. If the
Resolution of Intent to Vacate does not have to be re-published, costs will be minimal.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_________________________________ ____________________________
Debra H. Arkell, Director of Public Services Chris A. Kukulski, City Manager
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Commission Memorandum
Reconsideration of Bockus Street Vacation Request
November 19, 2007
Page 3
Report Compiled on November 14, 2007
Enclosures: Original Staff Report (all original submittal information can be found on the July
16, 2007 Commission meeting packet disc on pages 319 through 332, including
photos)
Cc: Paul N. Bockus, 202 N. Broadway
Andrew Kerr, Engineering Assistant
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