Description Gallatin County Commissioners' Journal
August 26, 2003
Location Gallatin County Courthouse
Time Speaker Note
9:00:24 AM Chairman Vincent Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Vincent, Murdock and Mitchell and County Attorney Lambert and Acting Clerk to the Board Mary Miller.
9:02:21 AM Chairman Vincent Announced agenda adjustment: Regular Agenda items #4, #13 and #14 are to be continued, and item #8 will be moved up as item #2.
9:03:21 AM Commissioner Murdock Read the consent agenda as follows: 1. Approval of claims. 2. Consideration of a Request for a One-Year Extension of the Preliminary Plat Approval for the Gallatin Peaks Town Center Phase II Major Subdivision. 3. Consideration of a Request for Common Boundary Relocation Exemption for Longhorn Estates Development L.L.C. and Gary France. 4. Request for Common Boundary Relocation Exemption for Susan Taylor Nelson Trust. 5. Request for Common Boundary Relocation Exemption for Catlin/Hahn
9:04:23 AM Chairman Vincent There was no public comment.
9:04:37 AM Commissioner Mitchell Motion to approve the consent agenda.
9:04:41 AM Commissioner Murdock Second
9:04:46 AM Motion passed unanimously.
9:04:50 AM Chairman Vincent Board Appointments
9:05:08 AM Commissioner Mitchell Mental Health Local Advisory Council
9:06:09 AM Chairman Vincent There was no public comment.
9:06:54 AM Commissioner Murdock Motion to nominate Dorothy Bradley, Thomas Peluso, Frank Seitz and Ronda Hutson.
9:07:05 AM Commissioner Mitchell Second
9:07:12 AM Motion passed unanimously.
9:07:20 AM Commissioner Murdock County Building Inspection Task Force
9:08:01 AM Chairman Vincent There was no public comment.
9:08:17 AM Board discussion
9:10:00 AM Commissioner Mitchell Motion to nominate Betty Biggs.
9:10:03 AM Commissioner Murdock Second
9:10:12 AM Motion passed unanimously.
9:10:13 AM Commissioner Murdock Motion to nominate G. K. Reiser.
9:10:21 AM Commissioner Mitchell Second
9:10:32 AM Board discussion
9:11:58 AM Motion passed 2:1 (Chairman Vincent opposed).
9:12:01 AM Commissioner Murdock Motion to nominate Gene Cook.
9:12:04 AM Commissioner Mitchell Second
9:12:38 AM Motion passed unanimously.
9:12:41 AM Board discussion
9:14:42 AM Chairman Vincent Public Hearing and Consideration of a Resolution Approving the Rural Improvement District Maintenance Assessments for FY 2004
9:16:03 AM Clerk and Recorder Shelley Vance Certification of public notice and mailing. Acknowledged one written protest.
9:17:53 AM Fiscal Officer Ed Blackman Presentation
9:20:00 AM Jack Schunke, Morrison-Maierle, Inc Addressed RID schedules and cost increases.
9:26:20 AM Public comment Robert Fellenz, Marshall White, Suzanne Townsend, Michele Hardy, Bret Olson, Kandy Rose, and Phil Edwards
9:46:15 AM Board discussion and questioning of Mr. Schunke
10:02:14 AM Road and Bridge Superintendent Lee Provance Brief history of the Hyalite Meadows RID and the road construction situation.
10:05:10 AM Rick Kerin, Kerin and Associates Explanation of road maintenance estimation.
10:06:36 AM Board discussion with regards to amending maintenance assessments and boundaries
10:27:14 AM Commissioner Murdock Motion to approve Resolution #2003-096, with attachment A as presented with the following exception that RID #383 be amended for FY 2004 (error noted on attachment A).
10:28:09 AM Fiscal Officer Ed Blackman Acknowledged the attachment was incorrect.
10:28:28 AM Commissioner Murdock Continued with motion in the amount o f $150.00 per lot.
10:28:35 AM Commissioner Mitchell Second, requesting a corrected attachment
10:29:29 AM Motion passed unanimously.
10:29:31 AM Recess
10:45:37 AM Chairman Vincent Reconvene to meeting- Receipt of Construction Bids-RID 386 Amsterdam RID
10:46:05 AM Rick Kerin, Kerin and Associates Opened bid received from JTL. Bid bond included in the amount of 10%, acknowledged receipt of 2 addendums, total base bid amount $1,495,711.69.
10:47:44 AM Board Discussion
10:51:59 AM Public comment Jason Leep, PC Development confirmed that the bid was scheduled to be awarded at a special work session on Thursday.
10:54:06 AM Chairman Vincent Public Hearing and Consideration of a Resolution of Intention Calling for the Sale of Bonds-Amsterdam RID #386
10:54:14 AM County Attorney Marty Lambert Presentation
11:00:06 AM Board Discussion
11:04:39 AM Public comment Sonja Berg
11:07:57 AM Commissioner Murdock Motion to approve Resolution #RID-03-386C.
11:08:22 AM Chairman Vincent Second
11:08:26 AM Board Discussion
11:09:07 AM Motion passed 2:1 (Commissioner Mitchell opposed).
11:09:19 AM Chairman Vincent Public Hearing and Consideration for Request for Preliminary Plat Approval for the Burkanpas Commercial Minor Subdivision
11:09:46 AM Belgrade City-County Planner Jason Karp Staff report
11:16:09 AM Belgrade City-County Planner Jason Karp Change to condition #15 as follows: An NFPA compliant fill-site or approved water supply system shall be in place and operable prior to final plat approval. If the developer plans to use the City of Belgrade's water system to provide a fire protection water supply, permission must be requested and granted by Belgrade City Council. Fire hydrant placement and fire hose shall be approved by the Belgrade Fire Department. If the developer utilizes an existing fill-site in another subdivision the developer shall pay proportionate reimbursement in accordance with Section 6.E of the Subdivision Regulations.
11:19:36 AM Mark Chandler, Surveyor, C&H Engineering Presentation on behalf of the applicant.
11:22:44 AM Chairman Vincent There was no public comment.
11:23:00 AM Commissioner Murdock Motion to approve the subdivision, finding it comports with the Montana State Statutes, the Belgrade Area Master Plan, appropriate Subdivision Regulations and with the conditions as presented by staff and amended on condition #15.
11:23:36 AM Commissioner Mitchell Second
11:23:48 AM Motion passed unanimously.
11:23:54 AM Chairman Vincent Public Hearing and Request for Preliminary Plat Approval for the Gomer Minor Subdivision
11:24:01 AM Belgrade City-County Planner Jason Karp Staff report
11:28:30 AM Chairman Vincent There was no public comment.
11:28:42 AM Commissioner Mitchell Motion to approve the preliminary plat for the Gomer Minor Subdivision, finding that it meets all the requirements of the Statutes and the Subdivision Regulations and that the Belgrade Planning Board reviewed and voted approval with all of the conditions as presented by staff and in the report.
11:29:07 AM Commissioner Murdock Second
11:29:12 AM Motion passed unanimously.
11:29:18 AM Chairman Vincent Public Hearing and Consideration of a Resolution Approving the Indirect Cost Allocation Plan as Required by Federal Government
11:29:33 AM Fiscal Officer Ed Blackman Presentation
11:31:25 AM Board Discussion
11:32:45 AM Chairman Vincent There was no public comment.
11:33:08 AM Commissioner Murdock Motion to approve Resolution #2003-097.
11:33:14 AM Commissioner Mitchell Second
11:33:23 AM Motion passed unanimously.
11:33:35 AM Chairman Vincent Public Hearing and Consideration of a Resolution of Intention of the Gallatin County Commission to Amend The Gallatin County Subdivision Regulations
11:33:56 AM County Planner Randy Johnson Presentation
11:34:52 AM Board Discussion
11:35:40 AM Chairman Vincent There was no public comment.
11:36:56 AM Commissioner Mitchell Motion to adopt Resolution of Intention #2003-098, and direct Planning Staff to start amending the Gallatin County Subdivision Regulations.
11:37:21 AM Commissioner Murdock Second
11:37:23 AM Motion passed unanimously.
11:37:31 AM Chairman Vincent Public Hearing and Consideration of Final Release of Financial Security for Improvements Agreement for Phase 1 of Elk Grove PUD
11:37:55 AM County Planner Sean O'Callaghan Presentation
11:39:19 AM County Planner Sean O'Callaghan Submitted Exhibit A Item #10.
11:43:10 AM Board Discussion
11:47:18 AM County Road & Bridge Department George Durkin Report regarding on-site road inspection of this project.
11:49:08 AM Board Discussion
11:51:32 AM Matt Williams, Attorney, Nellen & Swimley Presentation on behalf of the applicant.
11:53:45 AM Public comment Frank Silva submitted Exhibit B & C Item #10, and Frank Culver submitted Exhibit D Item #10
12:00:49 PM Board Discussion
12:06:01 PM Commissioner Murdock Motion to deny the request for final release of financial security for Improvements Agreement for Phase I of Elk Grove PUD.
12:06:29 PM Commissioner Mitchell Second
12:06:32 PM Board Discussion
12:07:09 PM Motion passed unanimously.
12:07:20 PM County Attorney Marty Lambert Comments relative to the Commission's decision on the remaining agenda items.
12:07:57 PM Justin Buchanan, Developer, Elk Grove Development Co. Comments regarding the Commission taking action on the remaining agenda items, suggesting they be opened and continued until next week.
12:09:30 PM County Attorney Marty Lambert Response to Mr. Buchanan's suggestion.
12:09:39 PM Chairman Vincent Public Hearing and Consideration of Improvements Agreement for Phase II of Elk Grove PUD
12:09:57 PM County Planner Sean O'Callaghan Staff report
12:13:32 PM Justin Buchanan, Developer, Elk Grove Development Co. Presentation
12:14:18 PM Public comment Frank Silva and Frank Culver
12:21:13 PM County Planner Sean O'Callaghan Clarified the Improvements Agreement and response to public comment
12:25:16 PM Board discussion
12:29:28 PM Matt Williams, Attorney, Nellen & Swimley Comments regarding Improvements Agreement. Suggests Commission grant final plat approval on Phase II, contingent on 100 percent fulfillment of the Phase 1 Improvements Agreement.
12:30:48 PM Discussion
12:33:37 PM Justin Buchanan, Developer, Elk Grove Development Co. Comments on road improvements
12:36:51 PM Discussion
12:39:57 PM Commissioner Murdock Motion to approve the Improvements Agreement for Phase II of Elk Grove PUD.
12:40:09 PM Commissioner Mitchell Second
12:40:15 PM Board Discussion
12:41:43 PM Justin Buchanan, Developer, Elk Grove Development Co. Comments that he thought the Commission was going to open the next two agenda items and continue them.
12:41:54 PM Chairman Vincent Replies that procedurally they have a motion that would have to be withdrawn by the Commissioner making the motion in order to entertain any further discussion.
12:42:07 PM Commissioner Murdock Requests advice from the County Attorney.
12:42:10 PM County Attorney Marty Lambert Replies that the Improvements Agreement will expire on its own terms if everything is not complete. He suggested the Commission keep their options open and not vote on this or the next agenda item at this time and continue for one week.
12:43:04 PM Commissioner Murdock Withdrew motion
12:43:07 PM Commissioner Mitchell Withdrew second
12:43:11 PM Board Discussion
12:43:31 PM Chairman Vincent Announced continuance until next week.
12:43:37 PM Chairman Vincent Public Hearing and Consideration of Final Plat Approval for Phase II of Elk Grove PUD
12:43:52 PM County Planner Sean O'Callaghan Staff report
12:44:33 PM Chairman Vincent Announced continuance until next week, noting they would also go back and be considering the Public Hearing and Consideration of Final Release of Financial Security for Improvements Agreement for Phase I of Elk Grove PUD.
12:45:37 PM County Attorney Marty Lambert Advice with regard to re-consideration of the Final Release of Financial Security for Improvements Agreement for Phase 1 of Elk Grove PUD.
12:46:32 PM Chairman Vincent Pending Resolution
12:46:41 PM Commissioner Murdock Pending resolution to annex property into the Gallatin Canyon Consolidated Rural Fire District
12:46:50 PM Commissioner Murdock Motion to approve Resolution #2003-099.
12:47:01 PM Commissioner Mitchell Second
12:47:02 PM Board Discussion
12:47:21 PM Motion passed unanimously.
12:47:24 PM Public comment on any matters within the Commission's jurisdiction.
12:48:33 PM Public comment Steven L. McNeil and Zack Taylor, Trustees for Clarkston Fire Service Area. Mr. Taylor submitted three letters of resignation from the following: Earl Hawkes, Les Rate, and W. Van Straaten.
12:58:11 PM County Attorney Marty Lambert Requests that the Commission confirm the letters of resignation.
12:59:53 PM Board Discussion
1:01:52 PM Meeting adjourned
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