HomeMy WebLinkAbout07-13-20 City Commission Packet Materials - A5. Res 5179 Ordering Installation of Sidewalks
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Kellen Gamradt, Engineer II
Shawn Kohtz, City Engineer
SUBJECT: Conduct a public hearing and having considered public testimony, move to approve Commission Resolution 5179 ordering the installation of sidewalks along portions of streets in and along Baxter Meadows West
Subdivision and The Legends II Subdivision.
MEETING DATE: July 13, 2020 AGENDA ITEM TYPE: Action
RECOMMENDATION: Conduct public hearing; approve Commission Resolution No. 5179 SUGGESTED MOTION: Having conducted a public hearing, and considered written and spoken public testimony, I hereby move to approve Commission Resolution No. 5179.
BACKGROUND: The Homeowner Associations of Baxter Meadows West Subdivision and The Legends II Subdivision have requested that the city take the necessary actions to complete the installation of sidewalks along the streets in these neighborhoods. These subdivisions had plat conditions that required the installation of sidewalks within three years of the recording of
the plat. Staff has contacted the owners of lots in these phases 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. In Baxter Meadows West, Phase 3B 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. On June 8, 2020, Commission Resolution No. 5178 was approved by the City Commission,
which indicated it was the Commission’s intent to order sidewalks along certain streets as
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specified in the Resolution, and to authorize that notice be given to affected property owners of
said intention. Commission Resolution No. 5179 (attached) has been prepared which if approved would order sidewalks to be installed as specified in the Resolution of Intent.
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. If sidewalk installations need to be completed by a city contractor,
staff time will be needed for contract administration and subsequent billing activities.
Attachments: Commission Resolution No. 5179
Proposed sidewalk installations exhibit maps
Report compiled on June 10, 2020
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Page 1 of 2
COMMISSION RESOLUTION NO. 5179
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ORDERING THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS
OF BOZEMAN OF 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, the City Commission did, on the 8th day of June 2020 adopt Commission
Resolution No. 5178, stating its intent to order in sidewalks along specified streets within the
City of Bozeman; and
WHEREAS, the City Commission did, after due and legal notice, on the 13th day of
July 2020 conduct a public hearing on its intent to order in sidewalks.
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,
and Section 38.39.030 B. 2. b, Bozeman Municipal Code, and to protect the public interest and
safety of the pedestrians of the City of Bozeman, sidewalks are hereby ordered to be installed on
both sides of the street unless otherwise noted as follows:
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
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Resolution 5179, (Baxter Meadows West & The Legends II Sidewalks)
Page 2 of 2
Section 2
That, pursuant to Section 7-14-4109(3), written notice was mailed to every owner or
agent of the owner, and to any purchaser under contract for deed of such property, notifying
them that the owner is required to construct a City-standard sidewalk in front of their lot or
parcel of land and, if they fail or neglect to install said sidewalk by July 1, 2020, or within thirty
(30) days of the date of the written notice, whichever is the latter, the City may construct or
cause to be constructed the sidewalk and will assess them the cost thereof, including engineering
costs and costs enumerated in Sections 7-12-4121 and 7-12-4169, Montana Code Annotated,
against the property in front of which the sidewalk was constructed.
Section 3
That the City Clerk shall enter this resolution upon the minutes of the City
Commission.
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 13th day of July, 2020.
___________________________________ Chris Mehl Mayor ATTEST:
________________________________________ Mike Maas City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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