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HomeMy WebLinkAbout11-18-19 City Commission Packet Materials - C25. Ord 2032 Final, Revising Chapters 34 and 38 of BMC to for Common Vertical Datum1 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Final adoption of Ordinance 2032 to revise chapters 34 and 38 of the municipal code to establish a common vertical datum, Application 19403. STRATEGIC PLAN: Implements strategic plan 7.3.c to utilize best practices and improve departmental collaboration. MEETING DATE: November 18, 2019 AGENDA ITEM TYPE: Consent (legislative) RECOMMENDATION: Meets standards for approval. BACKGROUND: The City Commission provisionally approved this ordinance on October 28, 2019. The packet materials are available at http://weblink.bozeman.net/WebLink8/0/doc/198035/Electronic.aspx. The current BMC sections reference vertical data points which no longer exist, and it is in the interest of the City and public welfare to establish a common datum for all City uses. The City relies upon the vertical datum to set how any point in an infrastructure project relates in the third dimension of height to other locations throughout the City. This is especially critical for water related projects where accurate grades determine whether a project is functional or not. As the City has more intensive development accurate computer modeling of the existing and future utility systems will play an increasing role. Such computer models are essential in providing accurate maintenance investments, scheduling expansion and upgrades of existing facilities, and determining where development potential may be limited. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None Attachments: Ordinance 2032 Report compiled on November 4, 2019 Commission Memorandum 284 Page 1 of 4 ORDINANCE NO. 2032 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING ARTICLE 34.01 AND 38.7 OF THE BOZEMAN MUNICIPAL CODE TO REVISE AND CONSOLIDATE STANDARDS FOR VERTICAL DATUM PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Section 76-2-304, MCA; and WHEREAS, the City established standards for the horizontal and vertical location of infrastructure and for application of flood management regulations; and WHEREAS, section 34.01.010 references vertical data which no longer exist; and WHEREAS, it is in the interests of the City and public welfare to establish a common datum for all City uses to enable coordination between public and private improvements, improve coordination between the City and other governmental bodies, and to enable the datum to be readily updated and kept current as professional standards change. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That section 34.01.010 of the Bozeman Municipal Code be amended as follows: Sec. 34.01.010. - Datum line for establishment of street grades and all other City purposes; bench marks. 285 Ordinance 2032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to Establish a Vertical Datum Page 2 of 4 A. A datum line, or base, from which the grades of the several streets and avenues within the city shall be determined, is hereby defined, fixed and designated by reference to the following described bench marks, as follows: 1. The top of the sandstone base at the foot of the iron column on the west-side main entrance to the fire engine room in the building known as the City Hall, situated at the southwest corner of East Main Street and Rouse Avenue, is 794.04 feet above datum. 2. The top of the first stone step above the sidewalk, at the west end of the steps and front edge of same, at the front entrance of the Bozeman National Bank in the building known as the Krueger Block, situated at the southwest corner of Main Street and Bozeman Avenue, is 793.99 feet above datum. 3. The top of the stone ball at the front entrance to the courthouse, at the foot of the steps, on the east side, is 801.06 feet above datum. The vertical datum is established by Resolution of the City Commission. Section 2 That section 38.700.030 of the Bozeman Municipal Code be amended as follows with all other elements to remain as presently existing: Base flood elevation. The elevation above sea level of the base flood in relation to North American Vertical Datum of 1988 the City’s adopted vertical datum unless otherwise specified in the flood hazard study. Section 3 That section 38.700.120 of the Bozeman Municipal Code be amended as follows with all other elements to remain as presently existing: Mean sea level. The North American Vertical Datum of 1988 (NAVD88) City’s adopted vertical datum or other datum to which base flood elevations are referenced. Section 4 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of 286 Ordinance 2032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to Establish a Vertical Datum Page 3 of 4 this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. Section 6 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 7 Codification. This Ordinance shall be codified as indicated in Sections 1-3. Section 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 287 Ordinance 2032, Amending Chapters 34 and 38 of the Bozeman Municipal Code to Establish a Vertical Datum Page 4 of 4 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 28th day of October, 2019. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 18th of November, 2019. The effective date of this ordinance is December 18, 2019. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 288