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HomeMy WebLinkAbout1990-03-19 .,. ;i',it .r ~ Ii .... ;. T MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 19, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 19, 1990, at 2:30 p.m. Present were Mayor Hawks, Com- missioner Frost, Commissioner Knapp, City Manager Wysocki, City Attorney Becker and Acting Clerk of the Commission Mary Cain Lathrop. Commissioner Goehrung and Commis- sioner Swanson were absent in compliance with Section 7-3-4322 (2), Montana Code Annotat- ed. The meeting was opened with the Pledge of Allegiance and a moment of silence. Commissioner Frost requested that the orientation report for the Legal Department be removed for discussion. Minutes - March 12, 1990 It was moved by Commissioner Frost, seconded by Commissioner Knapp, that the minutes of the regular meeting of March 12, 1990 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Knapp and Mayor Hawks; those voting No, none. Open bids - one backhoe/loader for Cemetery Division (CIP) This was the time and place set for opening of bids for one (1) backhoe/loader for the Cemetery Division. Monies for this item have been budgeted through the Capital Im- provement Program. The affidavit of publication of the call for bids was presented. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the bids be opened, read and referred to staff for review and a recommendation to be submit- ted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost and Mayor Hawks; those voting No, none. The following bids were then opened and read aloud. Base Bid Tractor & Equipment Co. Billings, Montana $52,843 Gallatin Equipment Belgrade, Montana $34,947 Western Plains Machinery Co. Billings, Montana $33,639 03-19-90 ~". " . . , , ., " ~ .. , . - 2 - Kamp Implement Co. Belgrade, Montana $32,997 Dorn Equipment Co. Inc. Bozeman, Montana $35,900 re dedication of Fieldstone Drive to Cit as ssoclatlon The City Manager introduced Mr. Joe Bateson, 413 Fieldstone Drive, President of the Westfield Park Homeowners' Association, which is requesting dedication of Fieldstone Drive as a public street. Mr. Bateson stated the Association desires to dedicate Fieldstone Drive as a public street to the City of Bozeman, referring to that organization's letter and attached petition of signatures included in the Commissioners' packets. Fieldstone Drive is located in Phase I of Westfield Subdivision, which is the first of Mr. Claire Daines' three-phase project; and Phase II will be considered at public hearing this evening. The Association supports Mr. Daines' plans for Phases II and III of the development; they also support the recommendation of the City-County Planning Board In that all streets in the subdivision be dedicated as public streets to the City of Bozeman. In meeting with City staff, at one time the Association agreed to a cul-de-sac at the end of Fieldstone Drive due to its narrowness, it being the initial recommendation of the Planning Department. Since then, the Director of Public Works and the Planning Department have recommended a tapered street. Mr. Bateson stated that both proposals are acceptable to the Association, the major issue being dedication of the street to the City. An informal vote was taken by the Association to continue snow removal responsibilities and continue limited parking on one s ide of the street on Iy . Mr. Bateson responded to Commissioner Frost's query by stating the proposal of a cul-de-sac has been accepted by the City-County Planning Board; and that the issue from a safety aspect, due to lack of acceptable turn-around area for emergency and utility vehicles, is being opposed by the Planning and Public Works Departments. The major concern appears to be the width of the street. Further, once all phases have been completed, Fieldstone Drive would be the only private street in the whole development. Mayor Hawks asked Mr. Bateson what the Association's position is relative to side- walks on only one side of the street, informing him that the City's sidewalk program does allow for some flexibility. Mr. Bateson responded he lives on that side of the street that has the sidewalk and he has not experienced any difficulty or problems other than additional snow shoveling during a heavy snow once the plows have been through because the sidewalk Is so close to the street. Mr. Bateson then addressed Mayor Hawks' subject of roll-over curbs by commenting 03-19-90 . ,~ OJ' .. .. ., #< - 3 - that the curbs were installed in Phase I before development occurred, thus causing the new property owner to remove the curb to install a driveway. -AppBr~l.tly the neON -preeeeh:l. c b tu dllow 86% uf '[he aeveloplllcl.t ts n("("llr h""fnr~ thQ gQvelep381 lidS '[Q Install , CtlP83 BRill siEleYl311{s. He further commented that the narrower street has provided a clos- er-knit ambience to the neighborhood; and the Association is willing to contract with the City to continue snow removal every year. Mr. Dave Ward, 605 Fieldstone Drive, expressed his understanding that curb and sidewalk would be installed as each house is built. Mayor Hawks requested clarification of what the snow removal costs for the subdivi- sion have been for the record. Mr. Bateson responded he would have that Information for this evening's public hearing. Re uest for permission to address Commission re accelerated delinquent assessments - Pa e e come City Manager Wysocki presented Mr. Page Wellcome1s request to decelerate delinquent assessments on behalf of his client, Suzanne Wellcome, Blackmore Apartments, for Commission consideration. Mr. Well come referred to his "Memorandum of Points and Authorities" as submitted to the Commission, which deals with the legal aspects surrounding his request. Their particular problem began in 1984 when his wife missed payments of a month or two on a minor assessment. Since that date, they have attempted to make up the assessment and to pay the penalty and interest due; however, each time, they were met with the fact that the City had accelerated all their payments. As a consequence, the entire SID is due and payable. In 1989, the Legislature addressed this subject, as cited in his memorandum, which gives the City Commission the authority to rescind the previous resolution accelerating all payments. He is now requesting the City revoke that particular acceleration by appropriate resolution, thereby returning everyone to status quo so they may then make up back payments which have accrued including penalty and interest as appropriate. He noted that under such a resolution, it would be understood that the City has revoked the accelerations so that anyone currently delinquent need not pay the entire accelerated amount, only the delinquent payment. Mr. Wellcome considers his position a gross inequity; and requested the Commission review the situation rather than get into litigation perhaps under a class action and pos- sibly a counterclaim. Commissioner Knapp asked Mr. Wellcome if, during their attempts to make payment, their check had perhaps been returned to them. 03-19-90 . '. i " .,. ~ - 4 - Mr. Wellcome responded that in their past efforts to make up back payments Includ- ing penalty and interest accrued, the clerks responded that they would compute the pen- alties and interest for them. He further commented that should the issue go to court, simple interest only can be charged; and it is his understanding that the treasury depart- ment of the City of Bozeman is compounding the interest in some respect. His client hasn't paid because the amount assessed Is the entire amount due and owing which would clear out the SID; consequently, she has never presented a check. The current inequity he feels is that the property owners can now make up their delinquencies. City Manager Wysocki reminded the Commission that they had dealt with this item during November of this past year, as evidenced by a copy of those particular minutes in their packets. Also included In the packet is a memo from Administrative Services Director Miral Gamradt on the subject. Administrative Services Director Gamradt summarized his memo, concluding with the comment that the City does not compound Interest, and it Is staff's recommendation not to decelerate the SI D. City Manager Wysocki stated that to bring all properties back to status quo could be administratively difficult in that" sOme, properties' ownerships have changed; that there are currently 21 properties that were in the deceleration posture, since a substantial number have c redeemed themselves. Mayor Hawks requested staff to submit their recommendations to the full Commission next week; Mr. Wellcome requested his) presentation today stand for the record during subsequent public hearings on this subject. The City Manager noted this request Is to acknowledge the receipt of Kerin & Associates' request for the creation of three special improvement districts for water, sanitary sewer, and paving, drainage, curb and gutter on Ellis Street, suggesting that it possibly be referred to staff. Included in the Commissioners' packets is a letter from Rick Kerin, Consulting Engineer, requesting three separate improvement districts, along with a copy of the City's current SID policy. In referring to the SID policy, page 7, item e, it is Mr. Kerin's wish that this section be utilized when considering his request. On new areas, the SID policy provides that the City will install paving and the developer will install water and sewer. The area under consideration is largely unplatted and undeveloped. Under this polley, a minimum of 60% of the property must be in private ownership, with individual ownership being less than 10% of the total. Responding to Commissioner Frost's question, the City Manager stated the City 03-19-90 , . . ,. , '. " - 5 - would require the owners to Install water and sewer lines, then the City would participate from a financing standpoint with an SID for paving. The request, however I is for City participation on all three elements. Administrative Services Director Miral Camradt informed the Commission that the SID policy had just recently been rewritten; the former policy included City sponsorship of all three districts--water, sewer, and pavlng--at the request of the developers. Following a demonstrated history of delinquent subdivisions, including those in other cities, the policy was changed to provide paving on raw land if the developer provided water and sewer and donate those assets to the City. I f there Is a developed subdivision with gravel roads, the City would pay 100% of the cost for paving. Mayor Hawks requested Mr. Gamradt to provide to the Commission the list of prop- erty owners on the subject parcels. Mr. Gamradt noted that two criteria of the SID policy are not met, but that staff could provide the request. Mr. Merle Adams, one of the proposers of the request, addressed the Commission by commenting the developer is Installing a paved road that is a collector street not within the subdivision which connects Highland Boulevard with Haggerty Lane. City Manager Wysocki addressed Mr. Adams' comments by stating the pol icy of the City in recent years has been for someone who is putting together a subdivision, to en- tirely do those streets located internally, and to do perimeter streets to half of a local street standard, meaning perhaps the City would participate to finish the street com- pletely. In this instance, the street would pass through the area for which this request for SI D's is being considered. Mr. Adams responded that he agrees with Mr. Wysocki; however, the proposed water line would have to be extended beyond the perimeter of the proposed subdivision and additional paving required to connect to existing streets. Commissioner Frost requested copies of the boundary print, est/mated cost and ap- proximate areas and assessments as referred to in Mr. Kerin's letter. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the request for creation of three special improvement districts for water, sanitary sewer, and paving, drainage, curb and gutter on Ellis Street as submitted by Kerin & Associates be referred to staff for further input. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost and Mayor Hawks; those voting No, none. abol- i rectors City Manager Wysocki presented Commission Resolution No. 2782, as prepared by the City Attorney, entitled: 03-19-90 ", ~ . ", " - 6 - COMMISSION RESOLUTION NO. 2782 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING COMMISSION RESOLUTION NO. 2040 THEREBY ABOLISHING THE BOZEMAN SENIOR CITIZEN ADVISORY COUNCIL, AND DESIGNATING TO TAKE ITS PLACE THE BOARD OF DIRECTORS OF THE BOZEMAN SENIOR SOCIAL CENTER, A NON-PROFIT CORPORATION, AND ESTABLISHING THE DUTIES AND RESPONSIBILITIES THEREOF. The City Manager informed the Commission of minor changes, they being change "Counsel" in the header to "Council;" Section 6, first sentence should read "... all rental fees. . . ;" under Section 9, last line of No.2, it should read "... the City and Corpo- ration. . . " The City Manager noted he had contacted the Director and Chairman of the Board of the Senior Social Center; and they had agreed to this new draft. He then recommended Commission approval. Mayor Hawks stated he had received a telephone call specific to this Resolution, that he had personal concerns with the agreement and further wished full Commission ap- proval; therefore, he requests that action be deferred for a week. He could not respond to City Manager Wysocki's question as to the specifics of his concern. Commissioner Knapp asked what happened to the original advisory board, who were its members, and did they not function in that manner. City Attorney Becker responded he had met with these people, some of whom are members of the advisory council as well as the Board of Directors of the corporation. The Corporation has taken over the Advisory Council's function by acquiescence. He then noted that the City Commission appoints the Advisory Board. Mayor Hawks commenterY~ concern is that those people in policy-making positions on the Board are not re pond~~e wishes of the public and, therefore, the policy should be approved by the City Commission. He further commented that the pub- lic's interest is not necessarily being protected by this policy. City Manager Wysocki commented the Senior Center has functioned this same way since he arrived; the only difference being the Center is owned by the City, and uses the City's administration process; and the public looks to the City for assurances in meeting generally accepted guldel ines for avoiding discrimination and those kinds of th ings. Commissioner Knapp voiced concern over the addition of Section 11 covering three office spaces which are available for rental to senior-oriented agencies. The Commissioner, in assuming the City's intent of use for the building Is senior-oriented, questioned whether those agencies on a small budget who have offices at the Center and who serve the seniors may have problems in meeting the rent. City Manager Wysocki responded RSVP, Galavan, and the Council on Aging are cur- rently located in the rental spaces; and the rent Is nominal. Commissioner Knapp commented that the budget provides $20,500 for carpeting, 03-19-90 . '. , " ,. - 7 - etc., that the bond to build the Center has recently been retired, and an elevator has recently been added. The Commissioner then voiced concern that the use of the building may be other than for the seniors of the community. Commissioner Frost questioned Section 3, membership and operating rules, asking if that means the Board can change its rules without notifying the City. City Attorney Becker responded that since they are a non-profit corporation and are under the laws of Montana, they may change their bylaws from time to time. Since they are considered an independent business, the City cannot tell them what to put in their bylaws, since they are the corporation's Internal operating rules. Responding to Mayor Hawks' comment, City Attorney Becker stated the Board is strictly advisory not administrative; and that aspect was taken into consideration when drafting this resolution since the Board may not administer the City's facility. Mayor Hawks stated the information that has come to him indicates some of the pol- icies may be discriminatory, and that the City must insure against that. City Manager Wysocki stated that If it is the City's wish to allow the Senior Cen- ter's Board of Directors administrative control over the building, then the City should en- ter into a lease agreement with that organization. He further stated he does not agree this would be in the best interests of the City and the community. Responding to Commissioner Knapp's query, City Attorney Becker responded the City has the power to build such facilities, that it may levy up to 1 mil for senior purpose uses; but no specific State regulations exist for senior centers, as is the case with the Library. It was moved by Commissioner Frost, seconded by Commissioner Knapp, that action on Commission Resolution No. 2782 be tabled to next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Knapp and Mayor Hawks; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) A. Martin and Eva Molendyk letter dated 3/13/90 regarding dereliction of construction work that occurred on their property by the contractor of Klondike Subdivi- sion; a copy of that letter was forwarded to Bob Pearson, and copies were referred to the Planning Department and public works staff for response. (2) Agenda for the Montana Highway Commission meeting of March 23, 1990 to be held in Helena. 03-19-90 . ,~ " '.. ,- . - 8 - (3) Summary of Valley Unit Sale results dated March 14, 1990; and summary of all sales to date prepared by Director of Administrative Services Mlral Gamradt. Mr. Gamradt indicated that the Itemized miscellaneous costs for the sale that refers to "Realtors Fees" should read "Auctioneer's Fees." Mr. Gamradt then itemized those fees at the re- quest of Mayor Hawks. (4) Public Service Commission response letter dated March 13, 1990 concerning regulations relative to the City's proposed recyclable materials program. City Attorney Becker commented concerning his disappointment in the PSC's re- sponse, suggesting that the City could conceive a contract without going back to the PSC. City Manager Wysocki indicated he wished to visit with Commissioner Goehrung for his response to the PSC letter and to then meet with staff. (5) Proposed amendments to the Interim Zoning Code. (6) The City Manager submitted his weekly report as follows: (1) The Census forms will go out on the 23rd of March and are to be back by April 1. Intern Carla McLaughlin's employment has been extended to complete necessary census unit counts by cross-referencing each parcel, checking with recent annexations utilizing the Polk Directories, phone book, etc. Some overlooked areas have been identified. (2 ) The remainder of the week he will be out of the office; Mlral Gamradt will be Acting City Manager. (3) The Tax Reappraisal process produced a 13% possible tax increase for Bozeman with the outlying areas being considered separately. (4) Clerk of the Commission Sullivan, Alec Hansen, Executive Director of the Montana League of Cities and Towns, and the City Manager met with the GranTree and Holiday Inn managements to discuss logistics of the 1990 MLCT Annual Convention to be held here in Bozeman in September, 1990. (5) Staff met with Senator Burns on March 15 to discuss the proposed 1-90 interchange. (6) Street sweeping has begun and will continue throughout the week. (7) Supervisory training will be conducted next week. (8) He has met several times with the employee bargaining groups. (9) Police Chief George Tate has submitted his letter of resignation and retirement, effective March 31, 1990. (10) The Crickett's fire suppression system design has been submitted; It appears their source of water will provide enough pressure, assisted by pumps, for the system. ( 11) The Fish. Wildlife and Parks Department will be holding a meeting on March 28 at 7:00 p.m. to discuss the East Gallatin State Recreation Area located off Griffin Drive north of town. The City Manager asked the Commission if they wish the City to be involved in that area's future. (12 ) Next Monday's meeting will commence at 3:30 p.m. (7) City Attorney Becker reported he will be meeting with the Montana Tav- ern Owners' Association to discuss the recent Police Department crack-down on the sale of alcoholic beverage to underage persons. Commissioner Frost and Mayor Hawks have 03-19-90 . . '. : " . . . . - 9 - received positive comments regarding this initiative. (8) Commissioner Frost reported he, along with Commissioners Knapp and Swanson, attended a local workshop where Mayor Dan Kemmis of Missoula presented an in- teresting concept of a municipality as a living organism. (9) Commissioner Knapp reported that along with attending the local workshop, she also offered a welcoming presentation to the Daughter's of the American Revolution meeting on behalf of the Commission. (10) Mayor Hawks presented a letter from John G. Christiansen dated March 12, 1990, relative to the exorbitant gas prices local stations charge; and an article entitled "0zone May Replace Chlorine" from City Leaders Institute magazine, requesting a response from the Director of Public Service on this article. Consent I terns The City Manager presented to the Commission the following Consent Items. repared March 26. Claims It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost and Mayor " Hawks; those voting No, none. Recess - 4:12 p.m. (Orientation Session, Legal Department) Mayor Hawks declared a recess at 4:12 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Hawks reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. This was the time and place for the public hearing on the Preliminary Plat Review 03-19-90 . '~ ~ . :. . . - 10 - of Westfield Subdivision, Phase II, which is located in the southeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian. The subject site is more commonly located west of Wagon Wheel Road and south of Westfield Subdivision, Phase I. Mayor Hawks opened the public hearing. Planner Dave Skelton presented the staff report by indicating this is a request for preliminary plat approval for Westfield Subdivision, Phase II, with seventeen conditions recommended for, approval. This application is for the second phase of a three-phase master plan for a residential, single-family subdivision. The Planner further noted that included in the Commissioners' packets Is a copy of staff reports on the original master plan approved by the Commission in 1984 with subsequent minor revisions to the master plan. Those revisions include extension of Fieldstone Drive to the south; and the park configuration has been expanded Into a linear-type park. The plat proposes 29 single-family residential lots on approximately 11.37 acres; the 1984 master plan approval was for 80 developed single-fami Iy residential units. The Land Use Plan of the 1990 Bozeman Area Master Plan Update designates the property as Urban Residential lnfill, which ~lIows 3 to 6 dwelling units per acre. o Planner Skelton stated the utilities will include the extension from an existing 811 If ~wer line and the water will be provided by extending an existing 611 utility line; an easement will be provided so that the water system can be developed in a loop config- uration to meet future needs. The services that exist on Wagon Wheel Road and Concord Drive were installed through Sl D No. 610; and the issue of a potential payback was exten- sively discussed during the City-County Planning Board meeting of February 26, 1990. In referring to Director of Administrative Services Gamradt's memorandum covering the subject, there appears to be no legal basis upon which to enforce the payback nor is the payback included as one of the recommended conditions from the City-County Planning Board. The Planner noted that the original Westfield Park, which was approved under City Commission action in 1984 as a park with common ownership of the Homeowners' Asso- ciation, has been modified to a linear configuration running the full length of Block 3 in Westfield Subdivision. During the review process of Phase II, the Recreation Superintendent and Parks Superintendent requested this park maintain its original design and be dedicated to the general public for parkland use; the planning staff discussed the ownership issue of the park and because of the size of the park, it was considered limited in its use by the general public. The developer has proposed a tot lot with attendant landscaping and equipment. It is staff's recommendation to leave the ownership of the parks under the Homeowners' Association, and that it be so noted on the final plat. Mr. Skelton reiterated the developer's wish to install sidewalks only on the north 03-19-90 . ~;. , . '.. , . . . - 11 - side of the street as currently exists in Phase I, and Is proposed in Phase III. The developer has signed a waiver of protest for the creation of Sl D's to participate in the development of a pedestrian circulation system from Wagon Wheel Road to Kagy Boulevard. The Planner noted that the Director of Public Service does not approve of rollover curbs; however, he does support the proposal to Install sidewalks as the individual homes are developed. The Planning Board's recommendation is to allow sidewalk installation with rollover curb, acceptable to the Public Service Director, only on the north side, to be installed at 80% of total lot development. As explained by Planner Skelton, the streets in the development will be built to City standards, the terminus being Wagon Wheel Road via Concord Drive with the exception of Fieldstone Drive, which will be extended to the south and considered a secondary or emergency access to future development. Despite the Planning Board's alternative recommendation of a 27-foot-wide street with sidewalk on only one side, the developer wishes to install standard streets of 37-foot widths, back-of-curb to back-of-curb. The issue of Fieldstone Drive's 28-foot width as it turns south was noted by the Planner, indicating the Director of Public Service recommends "no parking" signs, a tem- porary barricade at the southern extreme of Phase II and a temporary cul-de-sac. The Director of Public Service also recommends a waiver of protest to S I D's for improvements to South 3rd Avenue and Kagy Boulevard intersection be obtained from the developer; and recommends renaming Fieldstone Drive at the point where it turns south for clarification by emergency response vehicles. Responding to Commissioner Frost's question regarding Condition No.4, Planner Skelton referred to Condition No. 11, which requests the developer to execute a waiver of protest for South 3rd and Kagy Boulevard, and Condition No.5. The City Manager in- dicated that Phase I covers the sidewalk requirement and the Phase II contribution would be the design; however, there is a design for sidewalks on South 3rd and Kagy Boulevard to the subdivision. The Planner then responded that the proposed park was never Identified as a public park even during the 1984 review. The park has always been designated as a private park for the subdivision and to be maintained by the Homeowners' Association. The request from the Recreation Advisory Board was to consider the park a community park. Commissioner Knapp questioned Condition No. 3 and No. 13, with the Planner re- sponding Condition No. 3 Is meant as a specific requirement and Condition No. 13 insures the Weed Control District is listed in the Homeowners' Association documents. He then suggested that Condition No. 3 can be eliminated. Commissioner Frost asked what the schedule is for improvements to South 3rd Avenue from Kagy Boulevard to where it turns at the proposed school site on Graf Street. 03-19-90 ;. . 'I . ':t . . . - 12 - Planner Skelton responded It Is long range. The City Manager indicated the sidewalk installation is predicated on the proposed school site. Mayor Hawks suggested the design of the sidewalks be submitted to the Pedestrian/ Traffic Safety Committee for their comment. Responding to Mayor Hawks' questions, Planner Skelton stated the acreage of the park remains the same as originally approved during the process of Phase I; and the Recreation staff was not familiar with the Montana Subdivision Planning Act nor were they aware of the project's Master Plan review in 1984. He noted that once informed of this, they concurred with staff's recommendation. Mayor Hawks then requested a clarification of the Recreation Advisory Board's stance on the issue of private park versus public park for this project. ./'" Jim Cummings, representing Clair~ Daines, Westfield Phase II, the applicant, stated the applicant generally accepts the recommended conditions and clarified the looping of the water system is derived in part from SID No. 610. Mr. Cummings requested the City financially participate In the oversizing expense, Indicating that the service areas lying to the west of this development will benefit, and suggested a method of reimbursement to the City Water Fund when that property is annexed. Mr. Cummings then suggested the assessments be similar to those currently in existence on the neighboring subdivisions. The rollover curb design question is currently under advisement with the Director of Public Service; and Mr. Cummings feels that issue will be settled shortly. Regarding the sanitary sewer, Mr. Cummings Informed the Commission that the sew- er was built through Sl D No. 610 down through Wagon Wheel Road; but due to the nature of the terrain, the sewer line was tapped off next to Graf Street and a separate new sewer was brought in to service this subdivision. The 811 water main to the west that was installed under Sl D No. 610 is being utilized In this subdivision. Regarding the information presented on the park Issue from the Recreation staff, Mr. Cummings commented that information is new to the applicant. Mr. Cummings responded to Commissioner Frost's comment by stating the rollover curb constructed during Phase I did have to be removed by the homeowner for installation of driveways because of the steep angle of the curb; and the proposed sidewalks will be set back. Mr. Cummings reported to Commissioner Knapp that 90% of Phase I development has been completed, and approximately three years had elapsed following the Phase I approval before 80% development had occurred. He noted there were a lot of sidewalks being replaced during the Phase I development. Mr. Cummings then clarified several points previously discussed and asked the Commission's preference as to City standards of 60-foot street and a boulevard, which subject Is still open for discussion. 03-19-90 ~,..'~> , . " . .' ~. : .. - 13 - Mr. Ken Weaver, 100 Heritage Drive, and a contributor to SID No. 610, stated support for this application. However, Mr. Weaver feels that since the creation of SID 610 in the 70's, which was not only for the benefit of his subdivision but the surrounding properties, and it was understood by the original subscribers of SID No. 610 that a payback agreement was In place; that prospective users of the utility should be given an opportunity share in the cost of SID No. 610. Mr. Tom Fulton, 104 Heritage Drive, in referring to the Jim Dobrowski subject min- utes included in the Commissioners' packets and the attendant calculation sheet, stated it was the intent of those deliberations to Include a payback system for future users of Sl D No. 610 in that subdivIsion. Mr. Joe Bateson, President of the Westfield Park Homeowner's Association, reiterat- ed that organization's position of support for the expansion of Phase II and III. Mr. Bateson informed the Commission that the -snow removal costs for the last two years has averaged less than $1 0 per home per year. Mayor Hawks, with the consensus of the (;ommission, continued the public hearing to next Monday's meeting, March 26 . This was the time and' place set for the public hearing on the Zone Map Change . ,: 'I, from AS to RS-l, requested 'by Lewis P. and Sarah Nash Zimmer and Thomas and Nancy Holmquist. The ~ subJectpr()perty i$lncated In the northwest one-quarter of Section 20, Township 2 South, Range 6 East, Montana Principal Meridian, and is more commonly located .';) . .. south of Kagy 'Boule~ard,' east dfHlgtl,tand Qdblevard and north of Sourdough Ridge Subdivision. Mayor Hawks opened the public hearing. Planner Skelton presented the staff report by indicating the City-County Planning Board, following its public hearing on this application, recommended adoption of the zone map amendment which would allow the applicants, Lewis P. and Sarah Nash Zimmer, and Thomas and Nancy Holmquist, to develop the parcel into one-acre single-family lots. The parcel in question is part of a 150-acre tract, 80 of which is being considered in this zone map change. The Planner further indicated that under the Interim Zoning Ordinance, the parcel would be designated RS; and the application does comply with the 1989 Master Plan Update. The application was reviewed under the twelve criteria established by Montana Statue and the thirteen criteria under the Interim Zoning Ordinance and the Planned Unit Development zone code. It was noted that Kagy Road would experience an accelerated development as it is proposed as an arterial in the 1990 Master Plan Update. 03-19-90 .. Jr,(~: . '\ . .... . " ... ; . - 14 - Mayor Hawks questionE!d the arterial designation on Sourdough Road, whether that constitutes good arterial use, further questioning If this Is the appropriate time to develop Highland Boulevard to Sourdough Ridge. Planner Skelton responded that, due to physical constraints and the existence of subdivisions to the south, Highland Boulevard cannot be developed as an arterial. Mayor Hawks suggested looping Highland across the subject property to meet the existing collector, thereby providing easier access. Planner Skelton responded that the question Is one of a design issue rather than a capacity issue; and that the standard for north-south collector has been met in this application. The County Road Office, as well as the City's Director of Public Service, approve of the proposal. Commissioner Frost requested clarification of the recommendation that the surrounding road system be Improved. The Planner responded the requirement Is for the developer to improve off-site roadways, namely Kagy Boulevard. He noted that if development takes place between Bozeman Trail Road and the HighlandB.oulevard/Kagy Boulevard intersection, that would have to be improved by the developer since the traffic would be logically directed to Kagy which is an existing street and proposed as an arterial street; and traffic impacts are the Planning Board's primary Issue. Mr. Jim McLean, 181 Old Yellowstone Trail, attorney representing the applicants, :,".'" stated that during the Cj'ty"'County Plannipg Board's review of this request, it was made " c I ,,' .J '",> '\': '. '. clear that there were not enolJghone-acre parcels currently available in that area to meet the needs of the marketr- He '(urll:)er: stated that streets have been designed to meet the needs of the existing areas as well as additional planned areas in the future, referring to . , the Commission's recent,afn~rna~jve~ctJ9n on the adjacenf Painted Hills Subdivision. Mr. McLean then urged the Commission to approve the applicants' request. Responding to Commissioner Knapp's query, Mr. Gene Cook stated the County has allocated some money for aSsistance in the improvement of Kagy Boulevard. Mr. McLean thought there might be some State Highway Department funds available. Planner Skelton commented he thought the County's participation in the development of Kagy Boulevard in this subject .area would be part of their long-range plans; however, it is not a priority. Ron Allen, surveyor, commented the County has placed this item In their top-ten priority as a shared-portion project. Responding to Commissioner Knapp's question as to what school district this area is located in, Planner Skelton responded he has been in contact with Gary Griffin of the Bozeman School District office and has been informed that the district for this area has yet 03-19-90 'UL. ."..,;.:t,;., ,,, .' .:~..: I -.. '.';r .. ; ,. - 15 - to be identified. Mr. McLean indicated that a one-acre site has been identified in the project for a school. Mrs. Sarah Zimmer, applicant, in meeting with the County Commissioners and the County Road Office, indicated the County does not have the funding nor has it prioritized development for Kagy Boulevard within the near future. Mrs. Zimmer further added she and Mr. Gene Cook would be willing participants in a transportation plan for the develop- ment. Mr. Gene Cook, developer of Painted Hills Subdivision, stated that in developing the subject parcel, it would not only benefit existing developments and encourage and enhance the development of Kagy Boulevard, It would enable continuance of the traffic flow off Sourdough Road. Future plans for development of the property to the south are in the offing, with perhaps participation in an RI D to develop the transportation system in that area being taken into consideration Including the hospital property, which is also willing to participate. Mr. Cook suggested implementing a payment plan attached to building permits as a set...aside to develop the roads for the future. He further stated he would not be adverse to considering a road on his property, however the topography may be a problem. Mr. Jim Cummings suggested the City Commission and the County Commission consider a local option gas tax as a source of funding for the road systems. Ms. Margo Varberg, 104 Sourdough Ridge Road, stated she would like the Commis- sion to consider lots larger than one-acre tracts in this area because there is a sewer problem due to the clay soil makeup and topography of the area, noting it is known as Bl izzard Ridge. She wondered if there would be adequate room for a second drain field in the one-acre proposed parcels. Ms. Varberg stated there should be a stipulation so that developers extend Donegal north to Kagy Boulevard, and that developers bear the financial burden of installing the roads. Additionally, the assessment per lot owner per year is $400 for snow removal and maintenance. She also noted the Sourdough Ridge Subdivision could be considered illegal in that there is only one way out. Mayor Hawks continued the public hearing to the March 26, 1990 meeting. Adjournment - 8:45 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Knapp, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Knapp and Mayor Hawks; those voting No, none. 03-19-90