HomeMy WebLinkAboutOrdering Installation of Sidewalks Baxter Meadows and Cattail Creek_16
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Kerr, Engineering Assistant
Rick Hixson, City Engineer SUBJECT: Ordering installation of sidewalks along portions of streets in and along
Baxter Meadows and Cattail Creek Subdivisions
MEETING DATE: July 28, 2014 AGENDA ITEM TYPE: Action
RECOMMENDATION: Conduct public hearing; approve Commission Resolution No. 4540
SUGGESTED MOTION: Having conducted a public hearing, and considered written and spoken public testimony, I hereby move to approve Commission Resolution No. 4540.
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.
On July 7, 2014, Commission Resolution No. 4526 was approved by the City Commission,
which indicated it was the Commission’s intent to order sidewalks along certain streets as
specified in the Resolution, and to authorize that notice be given to affected property owners of
said intention. Commission Resolution No. 4540 (attached) has been prepared which if
approved would order sidewalks to be installed as specified in the Resolution of Intent. Although Section 34.05.050 of the Bozeman Municipal Code specifies that sidewalks are to be installed
within 30 days of notification, staff is recommending that property owners be given until June 1,
2015, to install sidewalks before the city would cause the sidewalks to be constructed.
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. If sidewalk installations need to be completed by a city contractor,
staff time will be needed for contract administration and subsequent billing activities.
Attachments: Commission Resolution No. 4540
Proposed sidewalk installations exhibit maps
Report compiled on July 15, 2014
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Page 1 of 3
COMMISSION RESOLUTION NO. 4540
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ORDERING THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS
OF BOZEMAN OF 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, the City Commission did, on the 7th
WHEREAS, the City Commission did, after due and legal notice, on the 28
day of July 2014 adopt Commission
Resolution No. 4526, stating its intent to order in sidewalks along specified streets within the
City of Bozeman; and
th
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
day of
July 2014 conduct a public hearing on its intent to order in sidewalks.
That in accordance with the provisions of Section 7-14-4109, Montana Code Annotated,
and Section 38.39.030 B. 2. b, Bozeman Municipal Code, and to protect the public interest and
safety of the pedestrians of the City of Bozeman, sidewalks are hereby ordered to be installed on
both sides of the street unless otherwise noted as follows:
Section 1
1. N. 27th Avenue between Catamount Street and the southern-most intersection of N.
27th
2. Warbler Way between Catron Street and N. 27
Avenue and Cattail Street;
th
3. Blackbird Drive between Savannah Street and Cattail Street;
Avenue;
4. Fen Way between Savannah Street and Cattail Street;
303
Resolution 4540, (Baxter Meadows & Cattail Creek Sidewalks)
Page 2 of 3
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
8. Lasso Avenue between Galloway Street and Equestrian Lane;
Avenue;
9. Ferguson Avenue between Kimberwicke Street and Galloway Street; and
10. Gallatin Green Boulevard between Galloway Street and Equestrian Lane.
That, pursuant to Section 7-14-4109(3), written notice shall be mailed to every owner
or agent of the owner, and to any purchaser under contract for deed of such property, notifying
them that the owner is required to construct a City-standard sidewalk in front of their lot or
parcel of land and, if they fail or neglect to install said sidewalk by June 1, 2015, or within thirty
(30) days of the date of the written notice, whichever is the latter, the City may construct or
cause to be constructed the sidewalk and will assess them the cost thereof, including engineering
costs and costs enumerated in Sections 7-12-4121 and 7-12-4169, Montana Code Annotated,
against the property in front of which the sidewalk was constructed.
Section 2
That the City Clerk shall enter this resolution upon the minutes of the City
Commission.
Section 3
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 28th day of July, 2014.
___________________________________
JEFFREY K. KRAUSS
Mayor ATTEST:
304
Resolution 4540, (Baxter Meadows & Cattail Creek Sidewalks)
Page 3 of 3
________________________________________
STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
305
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.
306
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
¯
307