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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Public Works Committee Item: Petition #9469 – Request to Vacate the Alley in Block 7 of the Manitoba Addition Date: April 15, 2010 Prepared by: Carla Krause, Special Services Administrator Initiated by: Clark Fork City Church Action Required: Petition #9469 – Consider a resolution of intention to vacate, and schedule a City Council public hearing to hear all matters pertaining to the vacation proposal. Recommended Motion: The committee recommends the City Council consider a resolution of intention to vacate the alley in Block 7 of the Manitoba Addition and schedule a City Council public hearing for Monday, May 10, 2010. Timeline: Referral to committee: April 19, 2010 Committee discussion: April 21, 2010 Adopt resolution of intention: April 26, 2010 Council public hearing: May 10, 2010 Background and Alternatives Explored: The alley was platted as a 20 foot wide right-of-way December 7, 1889 as part of Block 7 of the Manitoba Addition. The alley is generally located between Latimor Street and Great Northern Way and between American Way and Palmer Street. The Manitoba Addition developed primarily as part of an industrial and commercial area of Missoula. The plat has been modified many times by a variety of changes including the bisection by West Broadway, the railroad that serves many of the businesses and numerous vacations of street and alley right-of-way allowing for the creation of larger business sites. The alley has not been improved for public use as it dead ends at Lot 4C of the Reserve Street Industrial Center that has access on Great Northern Way. A municipal sanitary sewer main and Northwestern Energy gas main occupy the alley. However, Northwestern Energy and City Engineering have indicated that vacation will not affect maintenance of these services as long as the property owners utilize the vacated alley as grassy landscaped area, unencumbered by structures or improved landscaping. The petitioners have been working with the Office of Planning and Grants, and the Building Inspection and City Engineering Divisions since early 2009 to bring the Church parking area and pedestrian facilities into building permit compliance. The Church elected to seek vacation of the alley to add the necessary square footage to allow them to meet that goal. City Engineering required the development of a site plan to be submitted with the vacation request that addressed all the issues related to the parking area and pedestrian facilities. The result is a site plan that will provide public benefit such as off-street parking, ADA compliance, safer pedestrian access, on-site vehicular circulation and landscaping in excess of the site requirements. City staff has indicated support of the vacation with two conditions if Council approves: 1. The owners of lots in Block 7 of the Manitoba Addition shall maintain a permanent unrestricted, drivable 20-foot wide access through the vacated alley up to and including the sanitary sewer manhole at the west end of the alley consisting of grasses only with no permanent structures or ---PAGE BREAK--- improved landscaping to allow perpetual maintenance of the existing sanitary sewer and gas mains occupying the alley. 2. That within 6-months (approximately November 10, 2010) of Council’s vacation approval and City Engineering’s approval of the Church site plan submitted with the vacation request, construction of the amenities shown on the approved site plan shall be completed. Based upon this work effort, City staff is supportive of the vacation proposal and encourages the Public Works Committee to make a recommendation to the City Council to adopt a resolution, with conditions, stating its intention to consider the vacation proposal and schedule a public hearing for Monday, May 10, 2010. A resolution has been drafted that incorporates the two conditions of vacation and the draft site plan that shall be reviewed and approved by City Engineering if the vacation is successful. Financial Implications: Property owners adjacent to the alley will become responsible for the alley to the centerline including maintenance, taxes (if any) and liability for the vacated alley. If the conditions of vacation are not met, the alley vacation will be declared null and void by the City. Attachments: Petition #9469 Plat Map Resolution of Intent to Vacate Aerial Photo Exhibit B Site Plan