HomeMy WebLinkAboutFinal Adoption Ordinance 1892, amending MSU residential parking district_11
Memorandum to City Commission: Final Adoption of Ordinance 1892 Page 1 of 1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission.
FROM: Scott Lee, City Parking Manager.
SUBJECT: Final Adoption of Ordinance 1892 – an Ordinance amending chapter 36,
article 4 BMC related to the Montana State University Residential Parking District.
MEETING DATE: July 7, 2014
AGENDA ITEM TYPE: Action.
RECOMMENDATION: At the request of the Bozeman Parking Commission, approve Ordinance 1892 to amend chapter 36, article 4 of the Bozeman Municipal Code related to
amending the Montana State University Residential Parking District.
SUGGESTED MOTION: Having conducted a public hearing and considered public comment I hereby move to finally adopt Ordinance 1892 amending Chapter 36, Article 4 of the Bozeman Municipal Code related to the Montana State University Residential Parking District.
BACKGROUND:
The Staff report provides a description of the street to be annexed to the District, requested by the residents or property owners in the specific area proposed for change.
ALTERNATIVES: As determined by the City Commission.
FISCAL EFFECTS: Negligible increase in revenue.
Attachments: (1) Staff Report; (2)
Final Ordinance 1892; (3) Bozeman Parking
Commission Resolution PC2014-04; (4) Matney letter and signed Petitions for South
Grand Avenue and West Cleveland; (5)
Sample letter sent to other residents (6)
revised Map of MSU district.
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Memorandum to City Commission: Final Adoption of Ordinance 1892 Page 1 of 3
Bozeman City Commission
Staff Report
ITEM: Final Adoption of Ordinance 1892
Prepared By: Scott Lee, City Parking Manager.
MEETING DATE: July 7, 2014
Descriptions/Locations:
The areas under consideration for addition to the MSU Residential Parking District are
the north and south sides of the 100 block of west Cleveland Street (between South Grand and South Willson Avenues) and the 900 block of South Grand Avenue (between West Cleveland
and West Harrison Streets) into said district;
Staff Findings:
The joint petition filed on behalf of residents of the 100 block of West Cleveland Street and the 900 block of South Grand Avenue included residential addresses for both locations. Using cadastral maps, it was determined that there are 5 parcels located on the 100 block of West
Cleveland Street and 7 parcels located on the 900 block of South Grand Avenue.
Letters were sent to all parcel owners on both streets who had not signed the original submitted petition. Responses were received from all but one parcel owner on South Grand, and responses were received from all parcel owners on West Cleveland.
Responses indicate 100 percent of the residences on the both the north and south side of
the 100 block of West Cleveland Street between South Grand and South Willson Avenues are represented on the petition for inclusion in the MSU district, or responded affirmatively to my written correspondence in regard to their inclusion in the District.
6 of the 7 parcel owners on the 900 block of South Grand, made their opinion known by
either signing the petition or responding to the letters I sent, with 4 indicated they did not wish to join the MSU district, and only 2 indicating they wished to join the district. Therefore, the
majority does not wish to be included in the MSU district, and this location should no longer
being considered for inclusion at this time.
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Memorandum to City Commission: Final Adoption of Ordinance 1892 Page 2 of 3
Counts of parked vehicles and available spaces were conducted prior to this hearing at the
location being petitioned for addition to the MSU District (100 block of West Cleveland). Using
the parallel Parking Spaces standards set forth by Chapter 38.25.020(E) of the Bozeman
Municipal Code which states in part that “Parallel parking spaces shall be a minimum of 24 feet in length and seven feet in width” staff prepared the following table showing the number of spaces available, and the number of occupied spaces observed during the counts that were
performed by staff within the parking department.
North Side of 100 block of West Cleveland Street - 7 spaces available
Outside of regular school hours
Saturday April 19, 11:03am 5 out of 7 spaces occupied
Saturday April 19, 1:18pm 4 out of 7 spaces occupied Wednesday April 23, 5:45pm 4 out of 7 spaces occupied
Friday April 25, 7:05am 5 out of 7 spaces occupied
Friday May 9, 9:10am * 4 out of 7 spaces occupied
Monday May 12, 10:10am * 4 out of 7 spaces occupied
Wednesday May 14, 3:00pm * 5 out of 7 spaces occupied Tuesday May 20, 9:00am * 4 out of 7 spaces occupied
* - Occurred after MSU Commencement was held (May 3, 2014)
South Side of 100 block of West Cleveland Street is signed “No Parking Anytime” from South 6th Avenue to South Willson Avenue, therefore no traffic counts were performed.
During regular school hours
Thursday April 10, 11:03am 5 out of 7 spaces occupied
Friday April 11, 1:18pm 6 out of 7 spaces occupied Tuesday April 15, 9:45pm 6 out of 7 spaces occupied
Wednesday April 16, 8:15am 6 out of 7 spaces occupied
Friday April 25, 9:30am 7 out of 7 spaces occupied
Tuesday April 29, 10:10am 6 out of 7 spaces occupied
Friday May 1, 3:00pm 5 out of 7 spaces occupied
These figures indicate a commuter type parking pattern, as there is an increase in parking on
these block faces during regular MSU school hours. Resident’s vehicles typically are parked
overnight and depart at the start of the work day, and are replaced by commuter vehicles,
resulting in little net change in actual vehicles parked. These findings support the petitioner’s statements that “their streets attract many students and staff of MSU to use as a parking lot” and
“requiring us to walk several blocks to park….” This location is one of the closest streets not
currently included in the district.
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Memorandum to City Commission: Final Adoption of Ordinance 1892 Page 3 of 3
Bozeman Parking Commission:
The Bozeman Parking Commission has discussed these petitions at their regularly scheduled meeting, and on June 11, 2014 passed a resolution supporting the petition to add the 100 block of West Cleveland Street to the MSU district, and also passed a resolution to not
support the inclusion of the 900 block of South Grand in accordance with the requests from the
majority of the residents.
Conclusion: In order to add areas to the MSU Residential Parking District, the City Commission
should find that the same conditions are met as were for the original establishment of the district
in 1994, in that the area is:
1. Predominantly residential in character; 2. A block on the street which is regularly congested with vehicles parked by person not
residing in the area;
3. An area where limiting the parking of vehicles along the public street better provides
adequate vehicle parking for residents of the area.
The City 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 this street being petitioned for inclusion is
consistent with that on other streets and avenues which the City Commission has annexed
into the MSU Residential Parking District and approving this annexation would be consistent with past actions.
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ORDINANCE NO. 1892
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ORDINANCE NO. 1892
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING SECTIONS 36.04.360 OF THE BOZEMAN MUNICIPAL
CODE TO AMEND THE BOUNDARIES OF THE MONTANA STATE UNIVERSITY
RESIDENTIAL PARKING DISTRICT TO INCLUDE THE NORTH AND SOUTH
SIDES OF THE 100 BLOCK OF WEST CLEVELAND STREET BETWEEN SOUTH
GRAND AND SOUTH WILLSON AVENUES.
WHEREAS, the City Commission adopted Ordinance No. 1345 in 1992, and Ordinance
No. 1376 in 1993, creating a procedure for the establishment of a residential on-street parking
permit regulation program; and
WHEREAS, the City Commission adopted Ordinance No. 1377 in 1994, creating a
residential on-street parking permit regulation program in the vicinity of Montana State
University (MSU Residential District) and providing a procedure for revising the boundaries of
this program; and
WHEREAS, the City Commission adopted Ordinance Nos. 1384, 1391, 1392, 1393,
1395, 1405, 1415, 1536, 1644, 1705, 1716, 1789 and 1867, each of which revised the boundaries
of the MSU Residential district; and
WHEREAS, the City Commission received petitions requesting the revision of the
boundaries of the MSU Residential District; and
WHEREAS, the Bozeman Parking Commission adopted Resolution PC2014-04 on June
11, 2014, recommending the City Commission adopt this Ordinance for revising the MSU
Residential Parking District boundary.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA:
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ORDINANCE NO. 1892
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Section 1
That the Bozeman Municipal Code be amended by amending Section 36.04.360, so that such section shall read as follows:
“36.04.360 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):
EXHIBIT A
Beginning at the northwest corner of the intersection of South 12th Avenue and West
Dickerson Street, thence southerly along the west right-of-way of South 12th Avenue
to the north right-of-way of West Alderson Street, thence westerly along the north
right-of-way of West Alderson Street to the west right-of-way of South 13th Avenue,
thence southerly along the west right-of-way of South 13th Avenue 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 West 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 centerline of the alley
between South 5th Avenue and South 6th Avenue, thence southerly along the
centerline of the alley between South 5th Avenue and South 6th Avenue to the south
right-of-way of West Grant Street, thence easterly along the south right-of-way of
West Grant Street to the west right-of-way of South 5th Avenue, thence southerly
along the west right-of-way of South 5th Avenue to the north right-of-way of West
Lincoln Street, thence easterly along the north right-of-way of West Lincoln Street to
the centerline of South 3rd Avenue, thence southerly along the centerline of South 3rd
Avenue to the north right-of-way of West Kagy Boulevard, thence easterly along the
north right-of-way of West Kagy Boulevard to the east right-of-way of South 3rd
Avenue, thence northerly along the east right-of-way of South 3rd Avenue to the
south right-of-way of South Grand Avenue, thence northerly along the south/east
right-of-way of South Grand Avenue to the north right-of-way of West Lincoln
Street, thence easterly along the north right-of-way of West Lincoln Street to the west
right-of-way of South Willson Avenue, thence northerly along the west right-of-way
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ORDINANCE NO. 1892
Page 3 of 5
of South Willson Avenue to the north right-of-way of West Cleveland Street, thence
westerly along the north right-of-way of West Cleveland Street to the east right-of-
way of South 3rd Avenue, thence northerly along the east right-of-way of South 3rd
Avenue to the south right-of-way of West Harrison Street, thence easterly along the
south right-of-way of West Harrison Street to the west right-of South Grand Avenue,
thence northerly along the west right-of-way of South Grand Avenue to the north
right-of-way of West Harrison Street, thence westerly along the north right-of-way of
West Harrison Street to the east right-of-way of South 3rd Avenue, thence northerly
along the east right-of-way of South 3rd Avenue to the south right-of-way of West
College Street, thence westerly along the south right-of-way of West College Avenue
to the west right-of-way of South 3rd Avenue, thence southerly along the west right-
of-way of South 3rd Avenue to the north right-of-way of West Harrison Street, thence
westerly along the north right-of-way of West Harrison Street to the east right-of-way
of South 5th Avenue, thence northerly along the east right-of-way of South 5th
Avenue to the south right-of-way of West College Street, thence easterly along the
south right-of-way of West College Street to the west right-of-way South 4th Avenue,
thence northerly along the west right-of-way of South 4th Avenue to the north right-
of-way of West College Street, thence westerly along the north right-of-way of West
College Street to the centerline of South 5th Avenue, thence northerly along the
centerline of South 5th Avenue to the north right-of-way of West Alderson Street,
thence easterly along the north right-of-way of West Alderson Street to the east right-
of-way of South 5th Avenue, thence northerly along the east right-of-way of South
5th Avenue to the north right-of-way of West Dickerson Street, thence westerly along
the north right-of-way of West Dickerson Street to the east right-of-way of South 7th
Avenue, thence northerly along the east right-of-way of South 7th Avenue to the
south right-of-way of West Story Street, thence easterly along the south right-of-way
of West Story Street to the west right-of-way of South 7th Avenue, thence southerly
along the west right-of-way of South 7th Avenue to the north right-of-way of West
Dickerson Street, thence westerly along the north right-of-way of West Dickerson
Street to the east right-of-way of South 8th Avenue, thence northerly along the east
right-of-way of South 8th Avenue to the south right-of-way of West Story, thence
northerly along the centerline of South 8th Avenue to the south right-of-way of West
Koch Street, thence westerly to the west right-of-way of South 8th Avenue, thence
southerly to the north right-of-way of West Story Street, thence westerly along the
north right-of-way of West Story Street to the east right-of-way of South 10th
Avenue, thence southerly along the east right-of-way of South 10th Avenue to the
centerline of West Story Street, thence easterly along the centerline of West Story
Street to the centerline of South 9th Avenue, thence southerly along the centerline of
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ORDINANCE NO. 1892
Page 4 of 5
South 9th Avenue to the north right-of-way of West Dickerson Street, thence westerly
along the north right-of-way of West Dickerson Street to the Point of Beginning.
The district shall also include South 14th Avenue from West Dickerson Street to
West College Street, the western half of South 15th Avenue from West Dickerson
Street to West Alderson Street, South 15th from West Alderson Street to West
College Street, and West Alderson Street from South 13th Avenue to South 14th
Avenue.”
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect.
Section 4
Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall be codified as indicated in Section 1 – 2.
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ORDINANCE NO. 1892
Page 5 of 5
Section 6
Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 23rd day of June, 2014.
____________________________________ JEFFREY K. KRAUSS
Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 7th of July,
2014. The effective date of this ordinance is August 8, 2014.
_________________________________ JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
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Scott Lee P.O. Box 1230
Parking Manager Bozeman, MT 59771
slee@bozeman.net 406-582-2903
April 21, 2014
Resident name removed
___ S. Grand Avenue
Bozeman, MT 59715
Recently a neighbor on your street submitted a petition to the City of Bozeman to have the 900
Block of S. Grand included in the MSU Residential Parking District. Currently your street is not
in the district, but does border the district.
I am trying to determine if you are in support or against being included in the MSU District. If
the inclusion of this street is approved by the City Commission, this change would not become
effective until September 1, 2014.
Each vehicle that will be parking on the street between the hours of 8am-5pm Monday – Friday
(year round) will need to obtain a residential parking district permit that must be affixed to the
rear of the vehicle. Each residence (building) may purchase up to 2 visitor permits total
regardless of the number of parking permits issued for that location. Each permit costs $10 and
is valid for the entire year (September 1 – August 30) and must be renewed annually.
If you would please respond back to me either via email or by phone to inform me of your
interest in inclusion in the MSU District I would appreciate it. We are doing some of the
background work necessary to submit a recommendation to the City Commission but cannot
make our formal recommendation until I contact all residents on the street being considered.
Your prompt response would be greatly appreciated. If I can answer any questions for you or
the other residents on your street, please contact me at 406-582-2903 or via email at
SLEE@Bozeman.net.
Scott Lee
Parking Manager
City of Bozeman
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Proposed additions to the MSU Residential District – Ordinance 1892
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