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Home My WebLink AboutE-Packet 05-29-07_Finally Adopt Ordinance No_ 1705, Revising the Bou_2 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Ron Brey, Assistant City Manager Chris Kukulski, City Manager SUBJECT: Final Approval of Ordinance 1705, Revising the Boundaries of the MSU Residential Parking District MEETING DATE: May 29, 2007 RECOMMENDATION: Final approval BACKGROUND: On May 14, 2007 the City Commission provisionally approved Ordinance # 1705, annexation into the MSU residential parking district. The staff report provides a description of the annexation requested by residents of the houses on the streets proposed for annexation FISCAL EFFECTS: The district is designed to be self-sustaining ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, _________________________________ ____________________________ Ron Brey, Assistant City Manager Chris A. Kukulski, City Manager Attachments: ordinance #1705, staff report 4 Report compiled on : May 9, 2007 5 BOZEMAN CITY COMMISSION Staff Report _____________________________________________________________________________ Item: Ordinance No. 1705 Date/Time: 6:00 p.m., Tuesday, May 29, 2007, In the Community Room of Gallatin County Courthouse, 311 West Main Street, Bozeman, MT. Report By: Ron Brey, Assistant City Manager ______________________________________________________________________________ Description/Location The area under consideration includes the west side of South 8th Avenue from Story Street to Dickerson Street, the south side of West Story Street from south 8th Avenue to South 9th Avenue, and the east side of South 9th Avenue for West Story Street to West Dickerson Street. Proposal Residents on these streets have petitioned the Commission for inclusion in the MSU Residential Permit Parking District established by Ordinance 1377. A copy of the petition is attached. Staff Findings Using the 2000 Polk Directory and a field check, it appears that 75% of the residences on south 8th, and 100% of the residences on South 9th and West Story are represented on the petition. Several counts of parked cars were conducted during the weeks preceding the hearing. There are approximately 10 curbside parking spaces available on each side of the street. The following average counts of parked cars were noted: (cars parked/number of spaces) Outside of school hours: 8th 9th Story 1/9 4.5/10 3/8 During school hours: 5/9 9/10 5/8 While these figures do not indicate a dramatic commuter pattern, the observations do not track individual cars. It is frequently the case that residents’ cars parked on the street move out 6 at the start of the work day to be replaced by commuter vehicles, resulting in little net change in the numbers of cars parked on the street. The letter accompanying the submitted petition states: “due to overwhelming parking problems…” This statement reflects a long term observation of parking patterns on the streets proposed for inclusion. Conclusion In order to add areas to the MSU Residential Permit Parking District, the Commission should find that the same conditions are met as were for the establishment of the original district; that the area proposed is: 1. Predominantly residential in character; 2. An area, the streets of which are regularly congested with vehicles parked by persons not residing in the area; 3. An area where limiting the parking of vehicles along the public streets better provides adequate motor vehicle parking for residents of the area. The Commission must further find that the creation of this residential permit parking area would further one or more of the following objectives: 1. Promote tranquility among commuters and residents; 2. Reduce noise; 3. Reduce traffic hazards; or 4. Reduce litter. The staff finds that the situation existing on these streets is consistent with that on other streets which the Commission has annexed into the district and approving this annexation would be consistent with past actions. 7 ORDINANCE NO. 1705 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING SUBSECTION A OF SECTION 10.32.395. PERTAINING TO THE AREA DESIGNATED AS THE MSU RESIDENTIAL DISTRICT TO INCREASE THE AREA TO BE INCLUDED WITHIN SAID DISTRICT, PURSUANT TO SUBSECTION N OF SECTION 10.32.395., WHICH CREATES THE PROCEDURE FOR REVISING THE BOUNDARIES OF AN ESTABLISHED RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAM. WHEREAS, the Bozeman City Commission has adopted Ordinance No. 1345 and Ordinance No. 1376 creating a procedure for the establishment of a residential on-street parking permit regulation program; and WHEREAS, the Bozeman City Commission has adopted Ordinance No. 1388 creating a residential on-street parking permit regulation program in the vicinity of Montana State University and providing a procedure for revising the boundaries of this program; and WHEREAS, the Bozeman City Commission has received a petition requesting the revision of the boundaries of this program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the Montana State University Residential On-Street Parking Permit Regulation Program is hereby amended by revising the boundaries of the residential parking permit area as provided in Section 2. Section 2 That the Bozeman Municipal Code be amended by amending Subsection A of Section 10.32.395, so that such section shall read as follows: "10.32.095 Montana State University residential on-street parking permit regulation program A. The area designated, pursuant to this chapter, as the Montana State University residential on-street parking permit program, and hereinafter referred to as "MSU Residential District", shall be as follows, and as depicted on Exhibit "A", attached hereto (listed streets and avenues include the full right-of-way unless specifically noted): Beginning at the northwest corner of the intersection of South 12th Avenue and West Dickerson Street, thence southerly to West Alderson Street, thence westerly to South 8 13th Avenue, thence southerly to the centerline of West College Street, thence easterly along the centerline of West College Street to the centerline of South 8th Avenue, thence southerly along the centerline of South 8th Avenue to the centerline of West Harrison Street, thence easterly along the centerline of West Harrison Street to the centerline of South 6th Avenue, thence southerly along the centerline of South 6th Avenue to the centerline of West Grant Street, thence easterly along the centerline of West Grant Street to the alley between South 5th Avenue and South 6th Avenue, thence southerly to the south right-of-way boundary of West Grant Street, thence easterly along the south right-of-way boundary of West Grant Street to South 5th Avenue, thence southerly to the north boundary of the Lincoln Street right-of-way, thence easterly along the north boundary of the Lincoln Street right-of-way to the west right-of-way boundary of South 3rd Avenue, thence southerly along the centerline of South 3rd Avenue to the intersection of South 3rd Avenue, Greek Way and South Grand Avenue, thence easterly to the east right-of-way boundary of South Grand Avenue, thence northerly to the north right-of-way boundary of Lincoln Street, thence easterly along the north right-of-way boundary of Lincoln Street to the west right-of- way boundary of South Willson Avenue, thence northerly along the west right-of-way boundary of South Willson Avenue to West Arthur Street, thence westerly to South Grand Avenue, thence northerly to West Cleveland Street, thence westerly to South 3rd Avenue, thence northerly to the south right-of-way boundary of West Harrison Street, thence easterly to the west right-of-way boundary of South Grand Avenue, thence northerly to the north right-of-way boundary of West Harrison Street, thence westerly to South 5th Avenue, thence northerly to the south right-of-way boundary of West College Street, thence easterly to the west right-of-way boundary of South 4th Avenue, thence northerly to the north right-of-way boundary of West College Street, thence westerly to the centerline of South 5th Avenue, thence northerly along the centerline of South 5th Avenue to West Alderson Street, thence easterly to the east right-of-way boundary of South 5th Avenue, thence northerly to West Dickerson Street, thence westerly to the east right-of-way boundary of South 7th Avenue, thence northerly to the south right-of-way boundary of West Story Street thence westerly to the west right-of-way boundary of South 7th Avenue, thence southerly to West Dickerson Street, thence westerly to the centerline of South 8th Avenue, thence northerly to the centerline of West Story Street thence westerly to the centerline of South 9th Avenue, thence southerly to West Dickerson Street, thence westerly to South 12h Avenue, the point of beginning. The district shall also include South 14th Avenue from Dickerson Street to College Street, the east side of South 15th Avenue from Alderson Street to College Street, the west side of South 15th Avenue from Dickerson Street to College Street, and West Alderson Street from South 13th Avenue to South 14th Avenue." Section 3 Repealer: All resolutions, ordinances, and sections of the Bozeman Municipal Code inconsistent herewith are hereby repealed. 9 Section 4 Severability: If any provisions of this ordinance or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application, and, to this end the provisions of this ordinance are declared to be severable. Section 5 Effective Date: This ordinance shall be effective thirty (30) days after second reading and final adoption as provided by law. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 14th day of May 2007. FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 29th day of May 2007. ____________________________________________ JEFFREY K. KRAUSS, Mayor ATTEST: _____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: _____________________________________ PAUL J. LUWE City Attorney 10 NOTICE TO BOZEMAN RESIDENTS NOTICE IS HEREBY GIVEN that the City Commission will conduct a public hearing at 6:00 p.m. on Monday, May 14, 2007, in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana, for the purpose of receiving public input on the possible adoption of an ordinance which adds street frontages to the MSU Residential Parking District in response to a petition filed by property owners along those streets. The specified streets include: East side of South 9th Avenue between West Story and West Dickerson Streets; South side of West Story Street between South 8th and South 9th Avenues; and West side of South 8th Avenue between West Story and West Dickerson Streets. Copies of the ordinance and streets proposed for inclusion in the neighborhood parking district are available in the office of the Clerk of the Commission in City Hall, 411 East Main Street, or you may call 582-2320 during regular business hours. TheSe STreeTS are DepiCTeD on The map beloW. Any interested parties are invited to submit written testimony or attend the public hearing and provide testimony in support of or in opposition to the proposed addition to the MSU Residential Parking District. City Commission meetings are open to all members of the public. if you have a disability that requires assistance, please contact our aDa Coordinator, ron brey, at 582-2306 or TDD 582-2301.11