Full Text
City of Missoula, Montana Item to be Referred to City Council Committee Committee: Public Works Committee Item: Petition #9500 – Request to Vacate the Portion of 38th Street between Dore Lane, Village 6 Cinema, K-Mart and 39th Street, Bakke Addition Date: October 15, 2010 Prepared by: Carla Krause, Special Services Administrator Initiated by: Nate Tollefson of Tollefson Construction, represented by Professional Consultants, Inc. Action Required: Review the request to vacate, adopt a resolution of intention to vacate, and schedule a City Council public hearing to hear all matters pertaining to the vacation proposal. Recommended Motion: Recommend that Council adopt a resolution stating its intention to consider the vacation of the portion of 38th Street between Dore Lane, Village 6 Cinema, K-Mart and 39th Street in the Bakke Addition and schedule a City Council public hearing for Monday, November 8, 2010. Timeline: Referral to committee: October 18, 2010 Committee discussion: October 20, 2010 Adopt resolution of intention: October 25, 2010 Council public hearing: November 8, 2010 Background and Alternatives Explored: The representative for the petitioner has performed careful and thorough research of the history and status of the right-of-way. Issues identified during the petitioner’s research process have resulted in 4 conditions of vacation for Council to consider. The research results showed that: 1. The subject portion of 38th Street was platted as a 25 foot wide right-of- way in November of 1956 on the northern boundary line of the Bakke Addition. The portion proposed for vacation is adjacent to and abutting Lots 5 and 6 and all the vacated right-of-way would revert to and combine with Lots 5 and 6. 2. This portion of 38th Street is undeveloped and unmaintained. The street dead-ends on the west at the Village Cinema 6 property. The east end ---PAGE BREAK--- connects to Dore Lane. The north boundary is the backside of the K-Mart property and to the south is 39th Street. 3. The street is located within a neighborhood of existing residential, commercial and day-care uses. It is located in the Southgate Triangle Neighborhood Council District and Ward 5. 4. The eastern half serves as the only access to a group of existing residential units as well as a drop-off for a day-care. This portion is maintained by the property owners. Other uses appear to be mostly bike and foot traffic cutting through between Dore Lane to access the Village 6 parking lot and the rear area of K-Mart. Adjacent property owners have complained of problems for years with: a. Bikes and pedestrians going off the unmarked right-of-way and onto private property. b. Vandalism of private property. c. Illegal trash dumping consisting of larger items such as old furniture and appliances to smaller trash such as paper and cigarette butts. This dumping has been cleaned-up repeatedly at significant expense of the property owners. d. Transient foot traffic going through to camp illegally in the back parking lot of the Village 6 and K-Mart. 5. Adjacent property owners are supportive of vacating 38th Street and have expressed a preference to vacate the entire length between Dore Lane and the Village 6 and close it to all public use. 6. Utility agencies have identified underground and overhead utilities occupying 38th Street including sanitary sewer and gas mains, overhead power lines and Qwest cable. As part of a proposed new residential dwelling project on Lots 3-6 of the Bakke Addition, the gas main will be relocated. The utility agencies have requested that a 20 foot wide easement for on-going maintenance of the remaining utilities be retained in accordance with Section 7-14-4115 of the Montana Code Annotated if vacation is approved. 7. City Engineering and Parks and Recreation identified a need to retain a non-motorized connection north and south between Dore Lane and 39th for now. Also identified was a potential east and west connection that may become needed with the potential for redevelopment of properties on the west and north sides of this portion of 38th. Staff has requested that a 20 foot wide non-motorized public access easement be added to the public utility easement. ---PAGE BREAK--- 8. City staff has also recommended a barrier fence be installed on the west boundary of the proposed new residential development and vacated 38th Street. This will address additional concerns expressed by the neighbors as well as owners of adjacent businesses that include: a. Illegal uses of rear commercial accesses. b. Reduction of vandalism opportunities. c. Protection of the children that will occupy the proposed development, particularly with high traffic Reserve Street nearby. d. Safety of children being dropped off at the existing day-care. e. Buffering for the occupants of the proposed new residential development from the 24-hour commercial uses to the west. 9. The resulting 4 conditions of vacation being recommended are: a. By December 8, 2010, (30-days after potential vacation approval) the owner of Lots 5 and 6 of the Bakke Addition execute a permanent 20 foot wide public utility and non-motorized public access easement on the vacated portion of 38th Street right-of-way that will combine with Lots 5 and 6. b. By November 8, 2012, (2-years after potential vacation approval) the owner of Lots 3, 4, 5 and 6 of the Bakke Addition work with the City to complete the design of the planned development of said lots. That the design will include non-motorized public access easements over and across the pedestrian pathways in the development from the public access easement in vacated 38th Street south to connect with 39th Street and plans for a barrier fence to be installed at the west boundary of the planned development including vacated 38th Street. c. By November 8, 2012, (2-years after potential vacation approval) or upon completion of final design, whichever comes first, the owner of Lots 3, 4, 5 and 6 of the Bakke Addition execute a non-motorized public access easement memorializing the public access over and across the pedestrian pathways from the public access easement in vacated 38th Street extending south through Lots 3, 4, 5 and 6 to connect with 39th Street. d. By November 8, 2013, (3-years after potential vacation approval) the owner install a non-motorized public pathway in the easement in vacated 38th Street and the barrier fence along the west boundary of the new development as provided in accordance with the final design of the development. 10. City staff is supportive of the vacation proposal with the listed conditions and encourages the Public Works Committee to make a recommendation to the City Council to adopt a resolution stating its intention to consider the ---PAGE BREAK--- vacation proposal and schedule a public hearing for Monday, November 8, 2010 Financial Implications: Property owner of Lots 5 and 6 will take ownership and assume responsibility and liability for the vacated street right-of-way including payment of the annual property taxes. Attachments: Resolution of Intent to Vacate and Exhibit A