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HomeMy WebLinkAbout09-04-07_Finally adopt Ordinance No_ 1716, Annexation into _7 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, Assistant to the City Manager Chris Kukulski, City Manager SUBJECT: Final adoption of Ordinance 1716, annexation into the MSU Residential Parking District to include the north side of West Story Street between South 8th and South 10th. MEETING DATE: September 4, 2007 RECOMMENDATION: Consider finally adopting Ordinance 1716, revising the boundaries of the MSU Residential Parking District. BACKGROUND: On August 20, 2007, by a vote of 3 – 2, the Commission provisionally adopted Ordinance 1716. The ordinance is effective thirty (30) days after the final adoption. The staff report provides a description of the annexation requested by residents of the homes in the area proposed for annexation. FISCAL EFFECTS: The district is designed to be self-sustaining ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, _________________________________ ____________________________ Brit Fontenot, Assistant to the City Manager Chris A. Kukulski, City Manager 68 Attachments: (1) Staff Report; (2) Ordinance 1716 including Exhibit A; (3) Schunke Letter (4) Petition Report compiled on : August 15, 2007 69 1 BOZEMAN CITY COMMISSION Staff Report _____________________________________________________________________________ Item: Ordinance No. 1716 Date/Time: 6:00 p.m., Tuesday, September 4, 2007, In the Community Room of Gallatin County Courthouse, 311 West Main Street, Bozeman, MT. Report By: Brit Fontenot, Assistant to the City Manager ______________________________________________________________________________ Description/Location The area under consideration includes two blocks on the north side of West Story Street between South 8th and South 10th (800 and 900 blocks of West Story Street). Proposal Residents on this street 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 2006 Polk Directory and a field check, it appears that 100% of the residences on the north side West Story between 8th and 9th (800 Block), and 100% of the residences on north side of West Story between 9th and 10th (900 Block) are represented on the petition. Several counts of parked cars were conducted prior to this hearing. Using the Parallel Parking Spaces standards set forth by Chapter 18.46.020, Section E of the Bozeman Municipal Code which states in part that “[p]arallel parking spaces shall be a minimum of 24 feet in length and 7 feet in width”, there are a total of six (6) curbside parking spaces available on the north side of the 800 block of West Story Street, between South 8th and South 9th, and seven (7) curbside parking spaces available on north side of the 900 block of West Story Street, between South 9th and South 10th. 70 2 The following counts of parked cars were noted: (Ratio: parked cars/available spaces) 800 Block of W. Story 900 Block W. Story Outside of regular school hours: Sat., Aug. 11, 7:30 AM 4/6 6/7 Sun., Aug. 12, 4:30 PM 7/6 3/7 Mon., Aug 13, 7:30 AM 4/6 4/7 Tues., Aug. 14, 7:30 AM 3/6 4/7 During regular school hours: Mon., Aug 13, 11:30 AM 5/6 6/7 Mon., Aug 13, 3:40 PM 5/6 5/7 Tues., Aug. 14, 11:00 AM 6/6 6/7 Tues., Aug. 14, 2:45 PM 5/6 5/7 While these figures do not indicate a dramatic commuter pattern, there is an increase in parking on these blocks during regular school hours, even when out of session. Frequently, residents’ cars parked on the street depart at the start of the work day only to be replaced by commuter vehicles, resulting in little net change in the actual numbers of cars parked on the street. The letter accompanying the submitted petition notes that the recent annexation into the MSU Residential Parking District (adopted May 29, effective June 29, 2007) which included 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 from West Story Street to West Dickerson Street, just to the south of the proposed annexation, has noticeably affected parking on the 800 block of West Story and has affected the 900 block of West Story Street. Additionally, the petitioner notes that employees, as well as students, utilize the parking on the blocks under consideration for annexation. 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; 71 3 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 blocks 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. 72 ORDINANCE NO. 1716 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 73 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 north right-of-way boundary of West Story Street, thence westerly along the north and south right-of-way boundaries of West Story Street to the centerline of South 9th Avenue and continuing westerly along the north right-of-way boundary of West Story Street from the centerline of South 9th Avenue to the centerline of South 10th Avenue thence returning easterly along the north right-of-way boundary of West Story Street to the centerline of South 9th Avenue, thence southerly along the east right-of way boundary of South 9th Avenue 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 74 Repealer: All resolutions, ordinances, and sections of the Bozeman Municipal Code inconsistent herewith are hereby repealed. 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 20th day of August, 2007. FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 4th day of September, 2007. ___________________________________________ JEFFREY K. KRAUSS, Mayor ATTEST: _____________________________________ CYNTHIA JORDAN DELANEY Acting City Clerk APPROVED AS TO FORM: _____________________________________ PAUL J. LUWE City Attorney 75 N 76 77 78