HomeMy WebLinkAboutResolution 4526, Completion of Sidewalks, Baxter Meadows and Cattail Creek Subdivisions_10
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Kerr, Engineering Assistant
Rick Hixson, City Engineer SUBJECT: Completion of sidewalks in portions of Baxter Meadows and
Cattail Creek Subdivisions
MEETING DATE: July 7, 2014 AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Resolution of Intent (Commission Resolution 4526,
attached) to order installation of sidewalks in portions of Baxter Meadows and Cattail Creek Subdivision, and schedule public hearing for July 28, 2014.
BACKGROUND: The Homeowner Associations of Baxter Meadows Subdivision and Cattail
Creek Subdivision have requested that the city take the necessary actions to complete the
installation of sidewalks along the streets in these neighborhoods. Some phases of these subdivisions had plat conditions that required the installation of sidewalks within three years of the recording of the plat. Staff has contacted the owners of lots in these phases that do not yet
have sidewalks installed and advised them that if sidewalk installation is not initiated by June 30,
2014, the city will cause the sidewalks to be installed at their expense. Phases 2C and 2D of
Baxter Meadows Subdivision, and Phases 1, 2A, and 2B of Cattail Creek Subdivision, did not have this plat condition concerning sidewalks, so a City Commission action to order installation of sidewalks in these phases is required.
In phases 2C and 2D of Baxter Meadows there are currently 7 out of 76 lots that do not have
sidewalks. In phases 1, 2A, and 2B of Cattail Subdivision there are currently 21 out of 115 lots that do not have sidewalks. The attached exhibit maps show the areas where sidewalks are currently lacking.
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The Charter Communications facility at the corner of Davis Lane and Savannah Street also lacks
sidewalks along the street frontages of their property. This property is not within the city limits,
however, so ordering installation of these sidewalks is not possible at this time.
UNRESOLVED ISSUES: None identified
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: The cost of sidewalk installations would be borne by the adjoining property owners.
Attachments: Commission Resolution No. 4526 Notice
Proposed sidewalk installations exhibit maps
Report compiled on June 11, 2014
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Page 1 of 3
COMMISSION RESOLUTION NO. 4526
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING THE CITY COMMISSION’S INTENT TO ORDER THAT
SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BAXTER MEADOWS
SUBDIVISON AND CATTAIL CREEK SUBDIVISION AS PROVIDED FOR IN
SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED.
WHEREAS, Section 7-14-4109, Montana Code Annotated, provides that a local
governing body may order sidewalks constructed in front of any lot or parcel of land; and
WHEREAS, Sec. 38.39.030 B. 2. b, Bozeman Municipal Code, requires that upon the
third anniversary of the plat recordation of any phase of a subdivision, any lot owner who has not
constructed the required sidewalk shall, without further notice, construct within 30 days, the
sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot;
and
WHEREAS, the plat for Baxter Meadows Subdivision Phases 2C and 2D was
recorded on September 22nd, 2005, the plat for Cattail Creek Subdivision Phase 1 was recorded
on August 20th, 2002, and the plat for Cattail Creek Subdivision Phase 2A and 2B was recorded
on November 12th, 2003; and
WHEREAS, there remain several lots in said Phases of Baxter Meadows and Cattail
Creek Subdivisions that lack sidewalks in front of them; and
WHEREAS, the Homeowner Associations of said subdivisions have requested that the
necessary steps are taken to complete the installation of sidewalks along all the streets in said
subdivisions.
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Resolution 4526, (Baxter Meadows & Cattail Creek Sidewalks)
Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
That, in accordance with the provisions of Section 7-14-4109, Montana Code Annotated,
Sec. 38.39.030 B. 2. b, Bozeman Municipal Code, and the City’s sidewalk policy, as established
in Commission Resolution No. 2965, the City Commission declares its intent to order the
installation of sidewalks where they are lacking along both sides of the following streets, unless
otherwise noted:
1. N. 27th Avenue between Catamount Street and the southern-most intersection of N.
27th Avenue and Cattail Street;
2. Warbler Way between Catron Street and N. 27th Avenue;
3. Blackbird Drive between Savannah Street and Cattail Street;
4. Fen Way between Savannah Street and Cattail Street;
5. Davis Lane between Savannah Street and Cattail Street, east side only;
6. Catron Street between Warbler Way and the east line of Cattail Creek Subdivision;
7. Cattail Street between Warbler Way and N. 27th Avenue;
8. Lasso Avenue between Galloway Street and Equestrian Lane;
9. Ferguson Avenue between Kimberwicke Street and Galloway Street; and
10. Gallatin Green Boulevard between Galloway Street and Equestrian Lane.
Section 2
That at a regular session of the City Commission of the City of Bozeman, to be held in
the City Commission Room, City Hall, 121 N. Rouse Avenue, Bozeman, Montana, on Monday,
the 28th day of July, 2014, at the hour of 6:00 p.m. of said day, is the time and place when and
where the City Commission will hear testimony in support of and in opposition to the ordering of
sidewalks as contained in Section 1, above.
The City Clerk is hereby directed to publish notice of the adoption of this resolution of
intention.
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Resolution 4526, (Baxter Meadows & Cattail Creek Sidewalks)
Page 3 of 3
Section 3
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 7th day of July, 2014.
___________________________________
JEFFREY K. KRAUSS Mayor ATTEST:
________________________________________ STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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NOTICE
NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 7th day of
July, 2014, the City Commission of the City of Bozeman, Montana, duly and regularly passed
and adopted Commission Resolution No. 4526, entitled:
COMMISSION RESOLUTION NO. 4526
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY COMMISSION’S INTENT TO ORDER
THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BAXTER
MEADOWS SUBDIVISON AND CATTAIL CREEK SUBDIVISION AS
PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED.
A copy of said Commission Resolution No. 4526 is on file with the City Clerk at 121 N.
Rouse Avenue, Bozeman, Montana, which states the City Commission’s intent to install
sidewalks along both sides of particular streets within the city limits of the City of Bozeman,
unless otherwise noted, as follows:
1. N. 27th Avenue between Catamount Street and the southern-most intersection of N.
27th Avenue and Cattail Street;
2. Warbler Way between Catron Street and N. 27th Avenue;
3. Blackbird Drive between Savannah Street and Cattail Street;
4. Fen Way between Savannah Street and Cattail Street;
5. Davis Lane between Savannah Street and Cattail Street, east side only;
6. Catron Street between Warbler Way and the east line of Cattail Creek Subdivision;
7. Cattail Street between Warbler Way and N. 27th Avenue;
8. Lasso Avenue between Galloway Street and Equestrian Lane;
9. Ferguson Avenue between Kimberwicke Street and Galloway Street; and
10. Gallatin Green Boulevard between Galloway Street and Equestrian Lane.
NOTICE IS HEREBY FURTHER GIVEN that Monday, the 28th day of July, 2014, at
6:00 p.m. at the Commission Room of City Hall, 121 N. Rouse Avenue, Bozeman, Montana, is
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designated as the time and place set for hearing and passing on all public testimony in support of
and in opposition to this proposed sidewalk installation order.
This notice is given pursuant to Section 7-3-4448, M.C.A.
DATED this 8th day of July, 2014.
_________________________
Stacy Ulmen
City Clerk
P.O. Box 1230
Bozeman, MT 59771 (406) 582-2320
Legal Ad
Publish: July 13, 2014 July 20, 2014
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DAVIS LN FEN WAY N 27TH AVE CATTAIL ST WARBLER WAY CATRON ST
CATAMOUNT ST BLACKBIRD DR SORA WAY SAVANNAH ST THOMAS DR DOWNY LN
CATKIN LN
SUNDEW LN
CATALYST ST FOXTAIL ST TYPHA CT MARLYN CT
CATRON ST BLACKBIRD DR Proposed Sidewalk InstallationsCattail Creek Subdivision
Legend
Missing Sidewalk¯
Charter Comm.Facility.
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LASSO AVE EQUESTRIAN LN FERGUSON AVE MILKHOUSE AVE KIMBERWICKE ST
GALLOWAY ST GALLATIN GREEN BLVD Legend
Missing Sidewalk
Recently Completed Sidewalks
Under Construction
Subdivision Boundary
Proposed Sidewalk InstallationsBaxter Meadows Subdivision 2C & 2D
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