HomeMy WebLinkAbout06-08-20 City Commission Packet Materials - C8. Res 5178 Notice of Intent to Order Installation of Sidewalks
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Kellen Gamradt, Engineer II Shawn Kohtz, City Engineer
SUBJECT: Approve Resolution of Intent (Commission Resolution #5178) to order the installation of sidewalks in portions of the Legends at Bridger Creek II, Phase 3 subdivision and Baxter Meadows West Subdivision Phase 3B, and schedule a public hearing for July 13, 2020.
MEETING DATE: June 8, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Resolution of Intent (Commission Resolution #5178) to order the installation of sidewalks in portions of the Legends at Bridger Creek II, Phase 3 subdivision and Baxter Meadows West Subdivision Phase 3B, and schedule a public hearing for July 13, 2020. BACKGROUND: The Homeowner Association of the Legends 2 Subdivision and Baxter Meadows West Subdivision, have requested that the city take the necessary actions to complete the installation of missing sidewalks along the streets in these neighborhoods. Staff has contacted the owners of lots in these subdivisions that do not yet have sidewalks installed and advised them that if sidewalk installation is not initiated by July 1, 2020, the city will cause the
sidewalks to be installed at their expense. The Bozeman Municipal Code section 34.04.50 and the Montana Code Annotated Chapter 7-14-4109 allows the city commission to order in sidewalks without formation of a special improvements district. In phase 3B of Baxter Meadows West, there are currently 3 out of 65 lots that do not have
sidewalks. In the Legends 2 Subdivision, Phase 3, there are currently 3 out of 54 lots that do not have sidewalks. The attached exhibit maps show the areas where sidewalks are currently lacking.
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UNRESOLVED ISSUES: None identified ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: The cost of sidewalk installations would be borne by the
adjoining property owners.
Attachments: Commission Resolution No. 5178, Notice, Sidewalk Exhibit Maps
Report compiled on May 21, 2020
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Page 1 of 3
COMMISSION RESOLUTION NO. 5178
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING THE CITY COMMISSION’S INTENT TO ORDER THAT
SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BAXTER MEADOWS WEST
SUBDIVISON AND THE LEGENDS II SUBDIVISION AS PROVIDED FOR IN
SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED.
WHEREAS, Section 7-14-4109, Montana Code Annotated, provides that a local
governing body may order sidewalks constructed in front of any lot or parcel of land; and
WHEREAS, Sec. 38.39.030 B. 2. b, Bozeman Municipal Code, requires that upon the
third anniversary of the plat recordation of any phase of a subdivision, any lot owner who has not
constructed the required sidewalk shall, without further notice, construct within 30 days, the
sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot;
and
WHEREAS, the plat for Baxter Meadows Subdivision West, Phase 3B was recorded
on March 3rd, 2015, the plat for The Legends II Subdivision, Phase 3 was recorded on September
10th, 2015; and
WHEREAS, there remain several lots in said Phases of Baxter Meadows and The
Legends II Subdivisions that lack sidewalks in front of them; and
WHEREAS, the Homeowner Associations of said subdivisions have requested that the
necessary steps are taken to complete the installation of sidewalks along all the streets in said
subdivisions.
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Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
That, in accordance with the provisions of Section 7-14-4109, Montana Code Annotated,
Sec. 38.39.030 B. 2. b, Bozeman Municipal Code, and the City’s sidewalk policy, as established
in Commission Resolution No. 2965, the City Commission declares its intent to order the
installation of sidewalks where they are lacking along both sides of the following streets, unless
otherwise noted:
1. Andalusian Avenue between Kimberwicke Street & McCafferty Street
2. Thoroughbred Lane between Kimberwicke Street & McCafferty Street
3. Boylan Road between Midfield Street & Richau Lane
4. Blackfeet Lane between Boylan Road & the unnamed alley to the south
Section 2
That at a regular session of the City Commission of the City of Bozeman, to be held in
the City Commission Room, City Hall, 121 N. Rouse Avenue, Bozeman, Montana, on Monday,
the 13th day of July, 2020, at the hour of 6:00 p.m. of said day, is the time and place when and
where the City Commission will hear testimony in support of and in opposition to the ordering of
sidewalks as contained in Section 1, above.
The City Clerk is hereby directed to publish notice of the adoption of this resolution of
intention.
Section 3
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 8th day of June, 2020.
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Page 3 of 3
___________________________________ CHRIS MEHL Mayor ATTEST: ________________________________________
Mike Maas City Clerk APPROVED AS TO FORM:
___________________________________ GREG SULLIVAN City Attorney
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February 13, 2020
Insert Property Owner’s Name
Insert Property Owner’s Address
RE: Sidewalk Installation Requirement
Lot XX, Block XX
Baxter Meadows West Ph 3B Subdivision
Insert Address
Dear Property Owner:
This letter is a reminder of a condition of approval for Baxter Meadows West Ph 3B
Subdivision concerning sidewalks. City standard residential sidewalks are required
to be constructed on all public street frontages of a property upon the third
anniversary of the plat recordation of any phase of the subdivision, regardless of
whether other improvements have been made on the lot.
The three-year anniversary of the platting of Baxter Meadows West Ph 3B was April
3rd, 2018, and all lot owners are hereby advised that if they do not cause sidewalks
to be constructed along their public street frontage(s) by July 1, 2020, the City of
Bozeman shall make arrangements for the sidewalks to be constructed at the
property owner’s expense.
If you elect to construct the sidewalk yourself or with your own contractor, a
sidewalk permit is required. A permit application is enclosed.
Sincerely,
Kellen Gamradt, P.E.
Engineer II
Encl.
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February 3, 2020
Insert Property Owner Name
Insert Property Owner Address
RE: Sidewalk Installation Requirement
Lot Xx, Legends at Bridger Creek 2 Ph 3 Subdivision
Insert Address
Dear Property Owner:
This letter is a reminder of a condition of approval for Legends at Bridger Creek 2 Ph
3 Subdivision concerning sidewalks. City standard residential sidewalks are
required to be constructed on all public street frontages of a property upon the third
anniversary of the plat recordation of any phase of the subdivision, regardless of
whether other improvements have been made on the lot.
The three-year anniversary of the platting of Legends at Bridger Creek 2 Ph 3 was
October 13th, 2018, and all lot owners are hereby advised that if they do not cause
sidewalks to be constructed along their public street frontage(s) by July 1, 2020, the
City of Bozeman shall make arrangements for the sidewalks to be constructed at the
property owner’s expense.
If you elect to construct the sidewalk yourself or with your own contractor, a
sidewalk permit is required. A permit application is enclosed.
Sincerely,
Kellen Gamradt, P.E.
Engineer II
Encl.
February 3, 2020
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