HomeMy WebLinkAbout2010 Comments on CodificationAttachment A: City of Bozeman Comments on MCC Final Proof
March 31, 2011
Page 1 of 10
Attachment A: City of Bozeman Comments on 12/31/2010 Final Proof
General Comments:
Ordinances effective prior to and including Ordinance 1791 have been included in this
draft. Please include additional ordinances affecting the code effective through March 31,
2011. These ordinances include the following: Ordinances 1795, 1796, and 1797. Bill
Carroll has already received these ordinances under separate email.
Please review the code again to ensure it is completely gender neutral.
On October 27, 2010 City Attorney Greg Sullivan sent an email to Bill Carroll suggesting
a specific outline format for the entire code. Currently, there are inconsistent approaches
throughout the proof regarding section and subsection number/lettering. Per the city‟s
previous request please edit the entire code to reflect the following section/subsection
organization:
XX.XX.XXX
A.
1.
a.
(1).
(a).
(i).
Please insert a table of contents at the beginning of each article.
All references to “police chief” should be amended to “chief of police.”
Please change all spellings of the term “e-mail” to “email.” Currently, the use is not
consistent throughout the proof.
All charts and tables must be correct in final version. Please also make sure the table
numbering is changed to match with the new code format.
Several city staff expressed concern that section numbers do not directly correspond to
divisions. Please explain whether MCC has found this to be an issue with other codes.
As noted in the cover letter, the city requests that the first task MCC undertakes in review
of these comments is directed at Chapter 38; as such, we ask MCC please provide an
additional proof to Chapter 38 that incorporates the changes noted herein regarding
numbering of sections, tables, charts, etc.
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31, 2011
Page 2 of 10
Specific Comments:
No comments on Part I (Charter).
Part II (Code of Ordinances)
Chapter 1 (General Provisions) (1.01)
FN13: please do NOT include this section 1.01.190. Renumber.
1.01.100: I suggest keeping the word “ordinance” so the provision would now read “…
required by this Code or an ordinance, the…”
Chapter 2:
FN22: please leave as original – do not delete the phrase “and recorded” as we are very
close to a rewrite of this entire article.
FN23: leave as is – we‟ll get this with the rewrite to the entire article.
Art. II, Div. 4: some of the edits shown in this version are current changes while others
appear to be carryover from previously adopted ordinances. Please:
o Show as underline all changes where “governing body” replaced with “city
commission:” same with the changes to the citations to the MCA.
o .470.2: definition of board added previously – do not underline.
o .470.4: definition of “direct advantage” was added previously – do not underline.
o .470.8.c: same comment – this subsection already included – do not underline.
o .480: underlined portion should not be shown as underlined.
o .490: underlined portion should not be shown as underlined.
FN30: please change “from “personnel department” to “human resources department.”
2.04.310: make this section gender neutral.
Current code 2.32.020 (placed in Art. II, Div. 3 at top of pg 105: please keep this
existing section and insert here. I recognize we previously requested its deletion but it
is necessary to keep.
Departments:
o Please reorganize this Article so all nine of the city‟s departments are listed
alphabetically and include as reserved divisions those departments not currently
listed. As such the order will be:
Department of Finance;
Department of Fire;
Department Human Resources (RESERVED);
Department of Information Technology (RESERVED);
Department of Law;
Department of Parks and Recreation (RESERVED);
Department of Planning and Community Development (RESERVED);
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31, 2011
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Department of Police; and
Department of Public Services.
Art. II, Div. 5 (fire and police): As indicated above, please separate these two
departments into their own divisions and move current 2.04.600 into the police division
and put 2.04.610 in the fire division.
o Table of contents will need to be redone.
FN44: the term division refers to the outdated division of parks and recreation. Please
replace the word “division” with phrase “Department of Parks and Recreation.”
2.05.890: 4th line of opening paragraph: replace the phrase “in the office of the clerk of
the city commission” with “in the office of the city clerk.”
2.05.890: The word “district” is misspelled in the edited text at line 2 of subsection 2.
2.05.1130.A: add the phrase “recognized neighborhood” before the word “association” in
the second line (end of first sentence).
2.05.1410.A: please replace “”the historic preservation officer” with “a member of the
Department of Planning and Community Development.”
FN52: The reference here mirrors statutory code provision at 15-24-1603, MCA. Please
amend this phrase to mirror the statutory provision and as such it should read: “…which
meets the design criteria during the construction period, which is not to exceed 12
months, and for up to five years following completion of said the construction…”
FN54 and FN55: the citation for both these should be to 2.06.380.5.a (which should be
2.06.380.E.1 under the proper outline for this section).
2.06.610: third line: change “clerk of commission” to “city clerk.”
FN58: The proper acronym should be MPERS: replace the O with an E.
2.06.1630: use the same outline form as other sections. Here, replace the numbering with
lettering for each defined term. This matches the current code (3.24.040).
Table 2.06.1640 - 1670: these tables must match the table in current chpt. 3.24. See
general comment above regarding all tables.
2.06.1690.A.1: after “capital improvements program” insert “(CIP)”
2.06.1700.E: to avoid conflict with the City Charter, please replace the “finance director”
with “City Manager” so the first line would read: “At least once…., the city manager
Administrative Services director shall present…
Chapter 4:
4.03.030.B: amend this section to read: “Such application shall be filed with the
department of finance clerk of the city commission and be presented by the clerk to the
commission at the next available its first regular meeting after filing.”
4.03.050: amend “protection of life and property fund” to “general fund.”
4.04.050.B: please keep the language added by staff in the first round of edits but remove
“participating” before adults.”
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31, 2011
Page 4 of 10
4.04.050.B.3: Do not include any of the staff‟s initially proposed amendments for this
insurance section. We are working on a standalone ordinance to address the insurance
requirements.
FN69: please change to “chief of police.”
4.04.050.C.1: delete the phrase “to the city manager‟s office.”
Chapter 6: No comments.
Chapter 8:
FN73: change to “chief of police.”All references in 8.02.050 to “Director of Public
Safety” should be amended to “chief of police.”
8.02.170: delete the word “under” in subsection 1.
FN78: the reference should be to 8.02.050. As such, replace the citation to existing
section 6.04.050 with 8.02.050. Please do not add “this chapter.”
FN79: Right. Replace “in section 6.20.140” with “resolution of the commission.”
FN80: the original section cited to was titled „”cruelty to animals.” The proper reference
here will be to Article III of this chapter. (8.03.010 - .050).
FN81: Yes, please change to department of planning and community development.
FN82: reference should be to the following section 8.02.150 (Same-disposition of
unredeemed animals.)
FN85: add “police” before the word department.
FN86: No. It should be “30 days.”
FN87: police department.
FN88: No. should be 30 days.
Chapter 10:
FN92: Yes. The city‟s building code review services are organized as a division of the
fire department.
FN93: We recognize the issues with these two sections. For purposes of finishing this
project please leave as is in the current draft except for correcting the form. An ordinance
amending this section to comply with the International Code Conference fee formula is
currently in the works. We‟ll include the revised section in the first supplement to the
code later this year.
FN114: please change to: “…. with the written consent of the deputy police chief and
deputy fire chief - operations.”
FN115: please change to “deputy fire chief - operations.”
FN117: This theme exists throughout other articles within this chapter. Please consider a
consistent approach and provide a recommendation. If MCC suggests using divisions
for these types of code sections, for this article, please categorize the “permit” provisions
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31, 2011
Page 5 of 10
into two divisions: (i) general; and (ii) permit. The general division should include .010,
.020 and .110. The permit division should include .030 through .100.
FN124: change “director of public safety” to “chief building official.”
FN128: Please make the change suggested.
FN129: “Option 1” refers to 10.08.050.B.5.b(1). Please replace the term “Option 1” with
a direct cite to the code provision.
10.08.060: the table needs the data included with the final draft.
Chapter 12:
Please include the appropriate fee schedule in 12.03.010.
Chapter 14: No comments.
Chapter 16:
16.02.050.A.2: replace the term “planning” with “subdivision.”
16.03.010 – 050: change all references in this article to “director of public welfare” to
“director of planning and community development.”
FN152: it appears so. Keep as in proof.
16.060.090.A: change “director of public safety” to “chief of police.” The second
sentence needs to amend “director” to “chief of police.”
FN155 and FN156: change “director of public safety” to “chief of police.” Also, there are
numerous other references in this article to “director” that need to be changed to “chief of
police.”
FN164: the missing word is “emphasizing.”
Chapter 18: No comments.
Chapter 20:
FN182: Yes. Change to “director of public services.”
Chapter 22:
No comments.
Chapter 24:
24.01.010.B: the amendment changes the word “title” to “section.” Please change “title”
to “chapter” rather than “section.”
24.07.170.D: amend this entire section as follows:
The city-owned property to which the prohibition in subsection B of this section applies
includes, but is not limited to:
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31, 2011
Page 6 of 10
1. City Hall Complex, 411 East Main Street and 34 121 North Rouse Avenue, Bozeman,
Montana;
2. Alfred Stiff Professional Building, 20 East Olive Street;
2. Carnegie Building, 35 North Bozeman Avenue, Bozeman, Montana;
3. Bozeman Public Library, 626 East Main Street 220 East Lamme Street, Bozeman,
Montana;
4. City Shop Complex, 814 North Bozeman Avenue, Bozeman, Montana, including all
lawns, parking areas and sidewalks leading to the site, as well as all areas inside
the perimeter fence;
5. Swim Center, 1211 West Main Street, Bozeman, Montana;
6. Cemetery Building, 340 Golf Way, Bozeman, Montana, including all lawns, parking
areas and sidewalks leading to the building, and cemetery grounds;
7. Landfill Building, 2143 Story Mill Road, Bozeman, Montana;
8. Lower yards, 1900 North Rouse Avenue, Bozeman, Montana, including all areas
inside the perimeter fence;
9. Water Treatment Plant, 7220 Sourdough Canyon Road, Bozeman, Montana;
10. Wastewater Treatment Plant, 2245 Springhill Road, Bozeman, Montana, including,
but not limited to, all areas inside the perimeter fence;
11. All Pparks.; and
12. All city fire stations.
Chapter 26: No comments.
Chapter 28:
FN221: yes – please cite to chapter 12.
Chapter 30:
FN223: please cite to chapter 12.
Chapter 32: No comments.
Chapter 34:
FN236: please leave as is.
FN237: change to “chapter 34, article V.” This appeal process refers only to the
downtown sidewalk encroachment permit program.
FN242: Yes.
Chapter 36:
36.02.030.A: correct the typo: “by” should read “be.”
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31, 2011
Page 7 of 10
FN268: previously the city requested this code provision be deleted. Please disregard that
instruction and keep this provision (8.40.010 under the old structure) in place.
FN278: Please edit as you propose. Doing so will require a change to 36.01.040: delete
the reference to Schedule I in the caption; delete subsection A; and in subsection B delete
the phrase “Schedule I – Boundaries of districts.”
FN281: adoption date is 5/27/1986.
FN282: the semi-colon should be replace with a “/.” Bridger Drive is also referred to as
“Bridger Canyon Road.”
FN286: No. please delete the phrase “or the operations division thereof.
Chapter 38:
The most important comment regarding this chapter is the formatting. Additional editing
must be done to address outline structure, data missing from tables, names of tables, etc.
In many sections there are unnecessary roman numerals inserted in front of the standard
Arabic numbers. This problem appears repeatedly throughout the chapter. The roman
numerals do not follow the city‟s preferred outline (see general comment, above).
Editing of the outline needs to occur in the following sections (this list may not be
exhaustive) : 38.02.050; 38.03.020; 38.03.040; 38.03.050; 38.03.060; 38.05.010;
38.05.020; 38.05.060; 38.05.070; 38.08.010; 38.09.010; 38.09.050; 38.09.060; 38.10.010;
38.11.010; 38.11.060; 38.12.030; 38.13.020; 38.14.020; 38.15.040; 38.15.070; 38.15.080;
38.16.030; 38.16.050; 38.16.060; 38.17.030; 38.17.080; 38.19.010; 38.19.030; 38.19.040;
38.19.080; 38.20.050; 38.21.040; 38.21.070; 38.21.120; 38.21.170; 38.21.220; 38.22.020;
38322.090; 38.22.100; 38.22110; 38.22.140; 38.22.170; 38.23.010; 38.23.030; 38.23.040;
38.23.050; 38.24.010; 38.24.030; 38.24.050; 38.24.060; 38.25.010; 38.25.020-100;
38.26.020 – 030; 38.26.05038.26.060; 38.26.070-080; 38.26.100; 38.26.110; and
38.33.100.
Various sections: the phrase “permitted use” is outdated; the planners now use the phrase
“authorized use.” As such, please amend the following sections:
o 38.10.020.A: in the third line please replace the word “permitted” with
“authorized.”
o 38.11.020:A: same comment - in the third line please replace the word
“permitted” with “authorized.”
o 38.15.070.2[cdlxxii]: please replace the word “permitted” with “authorized.”
o 38.20.030.A: in the fourth line please replace the word “permitted” with
“authorized.”
o 38.21.110.A: in the third line please replace the word “permitted” with
“authorized.”
38.06.020: subsection numbering needs to match preferred outline.
38.06.030: fix text orientation within text box.
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31, 2011
Page 8 of 10
38.07.010: fix the text box to insert the names of all zoning districts
38.07.010.B: delete the acronym “HMU.”
FN297: change “may” to “is.”
38.08.020: The table of allowed uses needs to be corrected. Also, the table numbering is
incorrect and appears that commercial numbering has been used in residential zoning
districts. Please correct in final draft.
FN298: Please amend subsection C to read: “The total floor area of the unit dwelling
built on a lot which was subject to the provisions of Ordinance 1604 (Ex. A) (Code 1982,
§18.42.180) section 18.42.180,298 Provision of restricted size lots and units, (excluding
area used for a garage) shall not exceed a floor area ratio of 1:3.3. For example, if the lot
is 5,000 square feet the square footage of the house cannot exceed 1,515, or a ratio of one
square foot of floor area for each 3.3 square feet of lot area.”
38.08.040: the table is missing information and needs to be renumbered.
Chpt. 38, Article IX: the city recently adopted a new zoning classification: Residential
Emphasis Mixed Use. The ordinance will not be included in the codification process but
structurally these new code provisions should be included between the Residential zoning
districts (Art. VIII) and the Commercial zoning districts (Art. IX). As such, please
reserve Art. IX for “Residential Emphasis Mixed Use” and renumber all subsequent
articles accordingly.
38.10.020: table number needs to be edited.
38.18.040.B: Please edit to read: “Sec. 38.18.040. Review authority. A. The city
commission, board of adjustment and planning director have the review authority
established in section 18.64.010, BMC38.33.010 and this chapter.”
38.20.010 & .020: please leave the section captions as they were: do not accept the edit as
currently shown.
38.20.050.G: table is missing data.
FN310: Yes.
FN311: The correct number is three (3).
38.22.150.C: This section has been largely deleted by Section 2 of Ordinance 1796
effective in February, 2011. Please include the new language.
38.22.150: multiple tables are missing and data not formatted properly.
FN313: Yes.
FN314: Yes.
FN315: Please change the citation to 38.37.030.
FN316: Yes.
FN317: Yes.
38.24.020: table is missing data and the section numbering needs editing.
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31, 2011
Page 9 of 10
38.24.040: Subsection numbering is erroneous, indents are mixed up, multiple tables are
missing data and formatting needs correction; some tables are not accurately titled.
38.27: same issue on formatting throughout the article.
38.27.060.1: replace the acronym HMU with the acronym NEHMU.
38.28: same issue on formatting throughout the article.
38.29: same issue on formatting throughout the article.
FN320: Please edit this section to read: “That all reasonable effort has been made to limit
indirect impacts to vegetation, faunal interspersion and connectivity, and hydrological
connectivity in the site design (e.g., any structures, boardwalks, viewing platforms, or
bridges, which are constructed within wetlands will have at least a two-foot space
between the bottom chord of the structure(s) and the wetland surface elevation to limit
shading impacts 320 and allow wetland vegetation to persist).
38.30: same issue on formatting throughout the article.
38.30.210 – 240: replace “same” with Floodway.
38.30.260 – 270: replace “same” with Floodplain.
38.31: same issue on formatting throughout the article.
38.31.010.A: please amend this section to read: “Any use lawfully existing upon the
effective date of the ordinance codified In from which this chapter or any predecessor
title or code title is derived may be continued at the size and in the manner of operation
existing upon such date except as hereinafter specified, or in the case of signage as
specified in chapter 18.52, BMC article XXVII of this chapter.”
39.32: same issue on formatting throughout the article.
38.33: same issue on formatting throughout the article.
38.33.160: Please switch the order of subsections G and H so that the text in G becomes
H and vice versa.
38.34: same issue on formatting throughout the article.
38.35 – 38.40: same issue on formatting throughout the article.
FN323: Please change the citation to 38.37.030.
FN324: Please change the citation to 38.37.030.H.
FN325: The internal citation is correct.
38.40.030.12: the citation to Title 17, Chpt. 2, BMC should be changed to the new code
structure. The correct citation is Chpt. 10, Art. VIII (Workforce Housing).
38.40.040 [sub (mmcdlx) 10]: change reference from 38.40.07 to 38.40.060. This was a
cross reference error in the original ordinance.
38.40.060: both edits in the first sentence should be removed. Please do keep the word
“following” and do not include the phrase “in subsection B of this section.”
FN327: Please change the citation to 38.37.030.
38.41: same issue on formatting throughout the article.
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31, 2011
Page 10 of 10
FN331: Please amend “department” in the caption to “division.”
Chapter 40:
Delete 02.810 with the exception of leaving the 2nd sentence (referring to location of the
meter).
40.02.1110.4.b: the citation to “six feet” shall be “six and half feet.”
40.02.1110.4.c and (e): delete the entire subsections as the use of lead pipe is obsolete.
40.02.1110.4.d: delete the phrase “either of lead or iron.”
40.02.1110.4.f: please replace the term “waterworks committee” with “city engineer” and
delete the phrase “or its authorized agent.”
40.02.1110.6: Please have the first line read as follows: “Waste cocks Curb stop and boxes.
Rule 8. There shall be a curb stop and waste cock curb box attached to…
FN357: replace the word “commission” with “manager.”
Chapter 42: No comments.
Comparative Table:
Need to make sure the comparison table (or a different one) can indicate not only the
changes from the 1982 code but also the changes from the existing municipal code to the
new organization or provide an additional document that provides the cross references.