HomeMy WebLinkAbout2011 Comments Ltr to MCC and Comments on 4 28 11 draft-3 dg Doz.
City of Bozeman
_ f City Attorney's Office Greg Sullivan, City Attorney
z. Tim Cooper, Staff Attorney
Susan L. Wor dal, Staff Attorney
c�r�H CO. 0 Kyla Murray, Staff Attorney
June 23, 2011 Annie Rooney, Staff Attorney
VIA Email ONLY
Bill Carroll
Senior Code Attorney
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316-2235
RE: City of Bozeman Responses to 2010 Final Proofs
Dear Bill:
Attachment A contains comments from the city of Bozeman regarding Municipal Code
Corporations latest proof of the city of Bozeman's ordinances and municipal code (April 28,
2011). As with all previous comments, we responded to all new footnotes. In addition, we made
other substantive comments the majority of which are related to current edits in Chapter 38.
Please provide one last proof showing these edits. I will make a quick review of this final proof
only for compliance with this current round of comments — we will not propose any new
changes! Upon this review I will present the final proof to the City Commission for a work
session. Upon completion of that work session I will request an electronic version in chapter
form and the codifying ordinance. Upon adoption of the codifying ordinance I will ask for the
copies of the final code to be printed and shipped. .
If you need any assistance as you review our comments please don't hesitate to call or email me
at gsullivan@bozeman.net.
Si erel ,
EMAN CITY TTORNEY
Greg Sullivan, City Attorney
c: Chris Kukulski,City Manager
Stacy Ulmen,City Clerk
Publish to internal website
Street Address: 121 North Rouse Phone: (406)582-2309
Mailing Address:P.D. Box 1230 Fax: (406)582-2302
Bozeman, Montana 59771-1230 TDD: (406)582-2301
Attachment A
City of Bozeman Comments on 4/28/11 Codification Draft
June 24, 2011
General Comments:
• All articles: Please change the use of roman numerals to identify the articles to Arabic
numbers. We've discussed this several times and feel that for the end user, including
those reviewing our code online using screen readers, the use of roman numerals may
create unnecessary confusion. Sorry about this request but we think it will help. To do so,
please replace ALL Roman numeral references in both the headers of articles and also in
cross references to articles within sections with the corresponding Arabic number.
• As stated previously the City would like to make sure graphics associated with chapter 38
are included in the printed version. Please let us know at what point we need to deliver
those to you. We assume the earlier the better.
Charter:
• FN1: good catch. Please do not chance any language in the charter.
Chapter 2:
• .03.550.A.1: please replace the phrase "personnel director"with "human resources
director."
• 2.06.1700.I: We would like to address the awkward structure of this section caused by
the second paragraph standing alone from the listing above it (1, 2, and 3). Please include
an incrementor for the first paragraph as subsection I.1 ("Any determination made...")
then take the current list and turn it to (a), (b), and (c) and then take the paragraph that
begins with"the development impact fees" and turn that into subsection 1.2.
• FN31 and FN32: ok.
• FN55: Please leave the edits as shown. This provision is adopted straight from state
statute.
Chapter 4:
• 4.04.050.B.3: the edits show in the current proof reflect deletions of previously proposed
changes. Our comment from March 31 st requested to not include staff s originally
proposed amendments. Please revert back to the original text by NOT showing the
proposed staff additions now as strikeouts. See the 2009 codification draft for this
chapter.
• FN73: please chance "director of public safety"to "director of parks and recreation."
City of Bozeman Comments on 4/28/11 Codification Draft
June 24,2011
Page 2 of 6
Chapter 8:
• FN89: please change to "chief of police."
Chapter 10:
• FN115: Your proposed edit is correct.
• FN122: please delete the references to "or designee" in 10.03.120.A.2 and 3. For the
footnote please replace the reference to the "director of public safety" in 10.03.120.A.5 to
"chief building official."
Chapter 12:
• FN141: Please italicize the city's answer to this fn.
Chapter 14:
• FN148: Please change to "director of parks and recreation."
Chapter 16:
• Article VIII: the intent of references to "this title"throughout the article were to ensure
medical marijuana businesses comply with all provisions of the entire Bozeman
Municipal Code. Specifically, they must comply with the business licensing provision in
chapter 12 and the provision of chapter 38. Please change the amendments (this tit!
cha tep r 12) to "this ale code"
Chapter 18:
• FN183: please italicize the city's response to this fn.
Chapter 24:
• FNs 209, 210, 211, 222: ok as edited.
Chapter 34:
• FN239: please leave as fire marshal.
• FN247: please change "his"to "the holder's."
Chapter 36:
• FN279: the former code section 10.08.210 is a DUI provision that was repealed by Sect.
2 Ord. 1616 in 2004.
• FN283: edit is ok.
• FN298: ok.
Chapter 38:
City of Bozeman Comments on 4/28/1 1 Codification Draft
June 24,2011
Page 3 of 6
• Please rename the chapter"Unified Development Code "and also change all references to
"Unified Development Ordinance" within this chapter to "Unified Development Code."
E.g., 38.01.010: change "Ordinance"to "Code." We did not find any other references to
this phrase in the chapter but please double check for us.
• 38.17.020.: Please amend the third sentence to read: "It is the intent and purpose of this
cater article to ensure that the quality of development along these corridors will
enhance the impression and enjoyment of the community beth by guiding development
and change that after-the adoption date of the ,,,.a;,,.nee ,edif oa i 4,,,.,., w ;e
this ^b 2j!g title is deriv a, and by stimulating and assisting, in conjunction with other
provisions of this chapter Title, improvements..."
• The citations in 38.03.040.A.4.a(6) need to be corrected:
o 040.A.4.a(6): please add "A" before the "4" in the citation so it reads
"38.03.040.A.4"
o Same for subsection (6)(a).
o Same for subsection (6)(d).
o For 040.A.4.a(7) please correct the citation in the fourth line to "38.41.050.A.9."
• 38.04.020.C.2: please change the references from article 40 to article 41 in both cross
references.
• 38.06.030: The formatting of the certificate needs to be changed to match the others, e.g.
get the extra lines removed.
• 38.08.020: Three items: 1) narrow the columns for the districts so there is more room for
the uses and the table fits better, 2) either widen the dashes or use double dashes so they
are actually visible, 3) change the header so it repeats at the top of the table on each page
and doesn't use a double height cell for the uses title.
0 38.08.050.D: The articles in the edited cross references have not been adjusted upward
for the addition of the reserved Article 9 (reserved) and need to all go one number. For
example, the reference to 38.20.060 should be 38.21.060.
• Table 38.10.020: The titling is inconsistent with how it is done for other articles and
tables. Use the residential uses table 38.08.020 as the format model for the titling.
• 38.12.040.C: This paragraph should be deleted entirely. Modular lots were entirely
removed with ordinance 1761, Section 8, Exhibit H. This paragraph is a hold over and
has no meaning anymore. This paragraph should be deleted entirely. Modular lots were
entirely removed with ordinance 1761, Section 8, Exhibit H. This paragraph is a hold
over and has no meaning anymore.
• 38.12.050: Add paragraph B to the edited citations in A.LC and 13.3. For example, the
reference to 38.21.060 in A.Lc should read"38.21.060.B." Same with the reference in
B.3.
• 38.14.020.A.2: This paragraph should be restructured: the first sentence should be
labeled "a" and the second sentence should be labeled"b"to match the format of A.1.
City of Bozeman Comments on 4/28/11 Codification Draft
June 24,2011
Page 4 of 6
• 38.14.030.D: As with 38.12.040.C, this paragraph should be deleted entirely. Modular
lots were entirely removed with ordinance 1761, Section 8, Exhibit H. This paragraph is a
hold over and has no meaning anymore.
• 38.15.010: Spelling error, "Therefore, the historic mixed use..."
0 38.17.050.A: Amend the first sentence to read: "A certificate of appropriateness;received
from either-the plan. ing`it-eeter^r-the eity eenmnissien.the reviewing authority after
recommendation..."
0 38.17.060.A.2: The outline structure of the two subsections under subsection 2 are not correct
—the incrementors should be "a" and"b."
• 38.20.070.D.La: The letter"A" is missing from the citation. Please insert "A" immediately
following the section numbers for both references. The references should read: 38.41.120.A.2
and 3.
• 38.20.090.E.2.a(6): remove the question mark at the end of the sentence.
• 38.21.030.D.1.a(7): The capitalization doesn't match how it is done elsewhere in the text, the
word "state" should be inserted before "department of environmental quality."
• 38.22.070.A: Please do not include the underline text.
• 38.22.090.C: The roman numeral reference XXXV should be changed to a correct Arabic
numeral reference of 25 (that's twenty five not 35).
0 38.23.070.A.1: Edited reference is missing a decimal between the letter and number: insert a
decimal between 030 and D.
• 38.23.100.A.1.a(3): The edited citation is incorrect, it should be 38.42.2200.
• 38.23.100.A.2c(5): The edited citation is incorrect, it should be 38.42.2200.
• Table 38.23.140: The headers of each column are not correct. Please reformat so the
language at the top of the first column reads is "square feet of aggregate gross floor area
devoted to such use" and the right hand column is headed with the language "number of
berths."
• 38.23.150.C: The amendment shown here does not comport with Ordinance 1796. This
ordinance was provided after the 12/31/11 proofs and is to be included in this draft. To
implement the changes to this section required by Ord 1796 please leave the introductory
language as shown in that ordinance: "Street lighting consists of street lighting and
pathway intersection lighting and shall comply with the City of Bozeman Design
Standards and Specification Policy."
38.24.010.A: Please change the text in the first line to read"...accordance with an the adopted
growth ..."
• 38.28.050.A.1: Please incorporate the changes from Sect. 4 of Ord 1796.
• 38.28.060.B.4: Please incorporate the changes from Sect. 5 of Ord 1796.
• 38.24.090.B.1: Please take the language that is current B.1 ("For purposes of this code...")
and remove the incrementor so it becomes introductory language to the section; the result is
that current B.La becomes B.1 and current B.Lb becomes B.2.
City of Bozeman Comments on 4/28/11 Codification Draft
June 24,2011
Page 5 of 6
• 38.24.110: Please incorporate the changes from Sect. 6 of Ord 1796. Do not alter the
reference to the Bozeman Area Bicycle Advisory Board in the third line of paragraph E—the
BABB is a proper noun and we need to reference all includes all five words.
• 38.25.020: the cross reference in footnote 6 is not correct—it should be 38.25.040.A.4.a.
• 38.25.040.A.5.a: Insert"in the" before "city's long range."
• Table 38.26.060-1: The reference in the header of the center column is wrong. It should be
38.42.1770.
• 38.27.110.A: Please incorporate the changes from Sect. 6 of Ord 1796. The section is now
called "transportation pathways."
• 38.28.030: Please incorporate the changes from Sect. 1 of Ord 1780.
• 38.28.040.A.1: Insert the subsection A in the reference to 38.28.060 so the cross reference
reads 38.28.060.A.1.
• 38.28.060.A.1.c: Please incorporate the changes from Sect. 2 of Ord 1780.
• 38.28.060.A.2.c: Please incorporate the changes from Ord 1780.
• 38.29.030.B.4: The reference to XV should be replaced with "16" and the reference to article
XVII should be edited to reflect the Arabic numeral.
• 38.31.020.A: Delete the last word in the paragraph: "intended."
• 38.31.080: Please amend to refer to the department of natural resources and conservation, not
the beams
• 38.31.130 (entire section): Please include the changes from Ordinance 1769, section 11.
• 38.31.260: the proper caption for this section is "Floodway Fringe—Uses Requiring
Permits."
• 38.31.260.A.3: Please include the changes from Ordinance 1769, section 12 (the amendment
in that section of Ordinance 1769 to subsection C should be included in this subsection.
• 38.32.020.A.1: Change edited reference in the fifth line of the section to 38.32.020.A.2.
• 38.33.010.A.3.b: Change edited reference in the third line of the section to 38.19.040.C.
• 38.34.030: The heading of the section should read "Enforcement; Planning Director."
• 38.37.020: Changed edited reference to 38.01.040.C.
• 38.39.050.B: Change edited reference to 38.39.060.
• 38.39.090.0 (FN338): Change the second edited reference to 38.38.030.A.8.
• 38.41.120.A.2.c(5): Change the first edited reference to 38.41.080.A.2.i.
• 38.42.2020: Please correct the layout of the formula.
• 38.42.2690: This section is missing the edits from Ordinance 1780, Section 4
Chapter 40:
• 40.02.160: please delete the entire section.
• FN372: Please delete the entire last sentence.
City of Bozeman Comments on 4/28/11 Codification Draft
June 24,2011
Page 6 of 6