Gallatin County Commissions' Journal April 6, 2004
Time
Speaker
Note
9:07:29 AM
Acting Chairman Murdock
Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Vincent, Murdock and Mitchell, County Attorney Lambert and Acting Clerk to the Board Mary Miller. Commissioner Murdock announced he would be Acting Chairman.
9:08:37 AM
Commissioner Mitchell
Read the consent agenda as follows: 1. Approval of Claims. 2. Minutes for Public Meetings March 2 and 9, 2004.
9:09:09 AM
There was no public comment.
9:09:19 AM
Chairman Vincent
Motioned approval of the consent agenda, as read.
9:09:22 AM
Commissioner Mitchell
Second
9:09:25 AM
Motion passed unanimously.
9:10:05 AM
Acting Chairman Murdock
Approval of Contract(s): Transportation Needs Assessment-LSC
9:10:39 AM
Patty Gunderson, Chairman, Public Transit Stakeholders Advisory Board
Comments
9:12:08 AM
Chris Budeski, Chairman, Sub-Committee
Comments
9:13:02 AM
Discussion and Questions
9:18:33 AM
Public comment
Brian Close
9:21:48 AM
Commissioner Mitchell
Motioned to approve the contract with LSC Transportation Consultants.
9:21:56 AM
Chairman Vincent
Second
9:21:59 AM
Board discussion
9:22:43 AM
Motion passed unanimously.
9:22:55 AM
Acting Chairman Murdock
Opening of RFP's of Detention Center Medical Mental Services, Continued until a representative is available.
9:23:22 AM
Acting Chairman Murdock
Public Hearing and Consideration of Request for Final Plat Approval for Meadowbrook Estates Major Subdivision-Continued from March 23, 2004.
9:23:33 AM
County Planner Victoria Drummond
Staff report, noting additional letter from applicant's counsel attached.
9:24:55 AM
Discussion and Questions
9:26:03 AM
Susan Swimley, Attorney, Nellen & Swimley
Presentation on behalf of the applicant.
9:27:10 AM
There was no public comment.
9:27:33 AM
County Attorney Marty Lambert
Advice
9:35:31 AM
Board discussion
9:35:58 AM
Chairman Vincent
Motioned, after having heard the County Attorney's explanation that the Meadowbrook Estates Major Subdivision be granted final plat approval on the basis the criteria established in 76-3-611.
9:36:15 AM
Commissioner Mitchell
Second
9:37:00 AM
Board discussion
9:37:42 AM
Susan Swimley, Attorney, Nellen & Swimley
Comments regarding Commission's decision of Sheriff's impact fee.
9:38:05 AM
Chairman Vincent
Withdraw the motion and restate that the Meadowbrook Estates Major Subdivision be granted final plat approval having met the criteria established under 76-3-611, and that the previous condition requiring a payment that has in fact been made, that payment be returned, sighting that the Gallatin County Commission does not at this time have a formal policy requiring such payment.
9:38:41 AM
Commissioner Mitchell
Second
9:38:51 AM
Motion passed 2:1. Commissioner Mitchell opposed.
9:39:04 AM
Acting Chairman Murdock
Public Hearing and Consideration of a Resolution to Adopt the Bridger Bench Interim Zoning Regulation and Zoning Map
9:39:33 AM
County Planner Randy Johnson
Presentation
9:42:02 AM
Acting Chairman Murdock
Announced the Commission received letters in support from the following: Patricia Wanderer and Annie Bertagnolli.
9:42:41 AM
Public comment
Cindy Bowker, Steve Kelly, Attorney Susan Swimley, Nellen & Swimley, Attorney David Weaver, Sand Law Office on behalf of Westlake clients, Kathy Gallagher, and Kate Reid.
9:47:22 AM
Acting Chairman Murdock
Requested all of the relevant public records from the prior hearings be entered into the record.
9:47:44 AM
County Attorney Marty Lambert
Advice
9:48:15 AM
Acting Chairman Murdock
Requested Planner Johnson to provide all relevant dates from the prior hearings.
9:51:57 AM
Public comment was closed.
9:52:12 AM
County Planner Randy Johnson
Provided dates as follows: July 8, 2003-Petition to create was presented to the Commission; February 17, 2004-Public hearing; and March 2, 2004-Adoption of Resolution of Intent.
9:53:04 AM
Acting Chairman Murdock
Incorporated into the record July 8, 2003, February 17, 2004 and March 2, 2004.
9:53:27 AM
County Attorney Marty Lambert
Advice
9:55:05 AM
Board discussion
10:06:30 AM
Chairman Vincent
Motion to adopt the resolution, the regulation and the map establishing the adoption of an interim zoning regulation and zoning map regulating land use development, noting that there are no protests. This is Resolution #2004-035.
10:07:16 AM
Acting Chairman Murdock
Second
10:07:22 AM
County Attorney Marty Lambert
Advised that the map and regulations be attached to the resolution.
10:07:48 AM
Acting Chairman Murdock
The map that will be attached is the one that has previously been viewed by the Commission and the public, with no amendment.
10:08:07 AM
Motion passed 2:1. Commissioner Mitchell opposed.
10:08:17 AM
Recess
10:08:26 AM
Reconvene- Announced adjustment to the agenda as follows: Opening of RFP's of Detention Center Medical Mental Services
10:17:59 AM
Sgt. Brian Gootkin, Gallatin County Sheriff's Office
Opened bids from: Bozeman Counseling and Consulting (Mental Health) and Spectrum Medical, Great Falls (Medical & Mental Health).
10:19:13 AM
County Attorney Marty Lambert
Advice
10:19:55 AM
Sgt. Brian Gootkin, Gallatin County Sheriff's Office
Spectrum Medical (Medical) 1st year $142,000, 2nd year $146,260, 3rd year $151,018-(Mental Health) 1st year $17,300, 2nd year $18,684, 3rd year $20,178. Bozeman Counseling and Consulting (Mental Health) $25,000 per year and includes daily consulting and coordinating. Any emergency evaluations that occur outside of the scope of daily work will be billed at $85 per hour. Guaranteed maximum for the entire proposal is $45,000 per year. Sgt. Gootkin will review the proposals and come back with a recommendation next week.
10:23:04 AM
There was no public comment.
10:23:20 AM
Acting Chairman Murdock
Public Hearing and Consideration of Preliminary Plat for Arbor Mills Subdivision
10:23:28 AM
Belgrade City-County Planner Jason Karp
Staff report, noting the following changes to conditions to reflect Road Department recommendations along with 3 additional conditions, submitted as Exhibit A. Change the following covenant and conditions to read as follows: #5(d) All fences and cattle guards bordering agricultural lands shall be maintained by the Homeowners in accordance with State Law; #14: 45 feet of South Alaska Road east of the centerline and 45 feet of East Cameron Bridge Road south of the centerline shall be dedicated to the public along the entire width of the subdivision; #15: South Alaska Road shall be paved to Gallatin County Standards from Valley Center Road to Cameron Bridge Road prior to final plat approval; #24. East Cameron Bridge Road shall be paved to County standards from South Alaska Road to the Eastern boundary of the subdivision; #25. The timber bridge
in place for the ditch flowing south/north at the East Cameron, South Alaska intersection must be replaced and the geometrics of the intersection improved; and #26. The road shown on the preliminary plat providing access to Tract D COS #1462 must be constructed to a County gravel standard and be named with name approved by the GIS Department. Mr. Karp submitted a letter from Robert D. and Barbara L. Marx, labeled Exhibit B.
10:41:23 AM
Discussion and Questions
10:44:50 AM
Matt Nistler & Jeff Meyer, Developers
Applicant's presentation.
10:58:11 AM
Mark Chandler, Surveyor, C & H Engineering and Surveying
Presentation on behalf of the applicant.
11:10:20 AM
Public comment
Seth Chesley; Herbert Benz, Superintendent of Belgrade Schools; Nancy Roth; Jim Paugh, submitted document on Water Resources Recharge, map and letter, labeled Exhibit C; Lois Kahler; Nancy Chesley; Bob Marx; Curtis Crowe; Charles Page; Steve O'Dwyer; and Kate Reid
11:57:28 AM
Public comment was closed.
11:58:15 AM
Mark Chandler, Surveyor, C & H Engineering and Surveying
Rebuttle
12:02:02 PM
Matt Nistler & Jeff Meyer, Developers
Comments
12:08:56 PM
Leanne Schraudner, Attorney, Schraudner & Hillier
Comments on behalf of clients Matt Nistler and Jeff Meyer.
12:11:34 PM
Board discussion
12:19:53 PM
Discussion and Questions
12:23:00 PM
Leanne Schraudner, Attorney, Schraudner & Hillier
Agreed to an extension. All parties were in agreement to a continuance until April 20, 2004.
12:33:54 PM
Recess
1:37:14 PM
Reconvene- (Chairman Vincent was absent) Public Hearing and Consideration of a Joint Resolution of the City Commission of the City of Bozeman and the Board of County Commissioners of Gallatin County Relating to the Creation By the City of Bozeman of an Extended Special Improvement District #676
1:38:06 PM
Debbie Arkell, Director of Public Service/City of Bozeman
Presentation
1:42:34 PM
Discussion and Questions
1:43:37 PM
Public comment
Attorney Susan Swimley, Nellen & Swimley, on behalf of Milligan clients; Gary France; Mark Chandler, C & H Engineering and Surveying; Bonnie Milligan; and Don Cape, Jr.
1:55:15 PM
Debbie Arkell, Director of Public Service/City of Bozeman
Comments
1:57:22 PM
Questions and Discussion
2:00:11 PM
Susan Stadola, Staff Engineer, City of Bozeman
Comments
2:02:24 PM
Discussion and Questions
2:09:37 PM
Commissioner Mitchell
Motion to approve Resolution #2004-036.
2:09:57 PM
Acting Chairman Murdock
Second
2:09:59 PM
Board discussion
2:10:56 PM
Motion passed unanimously.
2:10:58 PM
Acting Chairman Murdock
Public Hearing and Consideration of a Joint Resolution of the City Commission of the City of Bozeman and the Board of County Commissioners of Gallatin County Relating to the Creation By the City of Bozeman of an Extended Special Improvement District #677
2:11:11 PM
Debbie Arkell, Director of Public Service/City of Bozeman
Presentation
2:11:46 PM
There was no public comment
2:12:05 PM
Commissioner Mitchell
Motion to approve Resolution #2004-037.
2:12:26 PM
Acting Chairman Murdock
Second
2:12:35 PM
Motion passed unanimously.
2:12:40 PM
Acting Chairman Murdock
Public Hearing and Consideration of a Joint Resolution of the City Commission of the City of Bozeman and the Board of County Commissioners of Gallatin County Relating to the Creation By the City of Bozeman of an Extended Special Improvement District #678
2:12:43 PM
Debbie Arkell, Director of Public Service/City of Bozeman
Presentation
2:13:13 PM
There was no public comment.
2:13:22 PM
Commissioner Mitchell
Motion to approve Resolution #2004-038.
2:13:42 PM
Second
2:13:50 PM
Motion passed unanimously.
2:14:03 PM
Acting Chairman Murdock
Public Hearing and Consideration of Intent to Amend the Gallatin County FY 2004 Budget by Appropriating $10,000.00 in Revenues Received from the US Office of Domestic Preparedness Program to the Disaster and Emergency Services Pre Disaster Mitigation Grant
2:14:44 PM
Jason Shrauger, DES Coordinator
Presentation
2:15:24 PM
Discussion and Questions
2:15:41 PM
There was no public comment.
2:15:45 PM
Commissioner Mitchell
Motion to approve Resolution #2004-039.
2:16:04 PM
Acting Chairman Murdock
Second
2:16:13 PM
Motion passed unanimously.
2:16:15 PM
Acting Chairman Murdock
Public Hearing and Consideration of Intent to Amend the Gallatin County FY 2004 Budget by Appropriating $66,906.83 in Revenues Received from the US Office of Domestic Preparedness Program to the Disaster and Emergency Services DOJ Equipment Grant
2:16:17 PM
Jason Shrauger, DES Coordinator
Presentation
2:16:58 PM
Questions and Discussion
2:19:13 PM
Commissioner Mitchell
Motion to approve Resolution #2004-040.
2:19:16 PM
Acting Chairman Murdock
Second
2:19:19 PM
Motion passed unanimously.
2:19:22 PM
Acting Chairman Murdock
Public Hearing and Consideration of Intent to Amend the Gallatin County FY 2004 Budget by Appropriating $6,195.00 in Revenues from the US Office of Domestic Preparedness Program to the Disaster and Emergency Services LEPC Planning Grant
2:19:22 PM
Jason Shrauger, DES Coordinator
Presentation
2:20:06 PM
There was no public comment.
2:20:10 PM
Commissioner Mitchell
Motion to approve Resolution #2004-041.
2:20:14 PM
Acting Chairman Murdock
Second
2:20:17 PM
Motion passed unanimously.
2:20:23 PM
Acting Chairman Murdock
Public Hearing and Consideration of Intent to Amend the Gallatin County FY 2004 Budget by Appropriating $2,839.53 in Revenues from the US Office of Domestic Preparedness Program to the Disaster and Emergency Services LEPC Planning Grant
2:20:25 PM
Jason Shrauger, DES Coordinator
Presentation
2:21:19 PM
Inconsistencies pointed out with current resolution and the prior resolution (#2004-041).
2:23:16 PM
County Attorney Marty Lambert
Advice
2:23:49 PM
Acting Chairman Murdock
Requested a continuance until April 13, 2004.
2:24:52 PM
Commissioner Mitchell
Motion to rescind Resolution #2004-041, noting inconsistencies in the paperwork.
2:25:04 PM
Acting Chairman Murdock
Second
2:25:08 PM
Motion passed unanimously.
2:25:53 PM
Acting Chairman Murdock
Public Hearing and Consideration of Second Reading of Speed Ordinance for Rae Subdivision
2:26:16 PM
Commissioner Mitchell
Summarized
2:26:46 PM
There was no public comment.
2:26:52 PM
Commissioner Mitchell
Motion to pass the second reading of Ordinance #2004-010.
2:27:00 PM
Acting Chairman Murdock
Second
2:27:04 PM
Motion passed unanimously.
2:27:06 PM
Acting Chairman Murdock
Public Hearing and Consideration of Second Reading of Speed Ordinance for Elk Grove Subdivision
2:27:20 PM
Commissioner Mitchell
Summarized
2:27:55 PM
Commissioner Mitchell
Motion to approve Ordinance #2004-009.
2:28:01 PM
Acting Chairman Murdock
Second, finding that public comment was waived because there was no public in attendance.
2:28:09 PM
Motion passed unanimously.
2:28:11 PM
Acting Chairman Murdock
Public Hearing and Consideration to Change the Term Limits for the Big Sky Transportation District
2:28:25 PM
Commissioner Mitchell
Presentation
2:29:15 PM
There was no public comment.
2:29:20 PM
Commissioner Mitchell
Motion to accommodate the request by the Big Sky Transportation District and modify the terms as described.
2:29:36 PM
Acting Chairman Murdock
Second, noting there were no public in attendance to comment.
2:29:42 PM
Motion passed unanimously.
2:29:45 PM
There was no public comment on matters within the Commission's jurisdiction. There were no pending resolutions.
2:29:52 PM
Meeting adjourned
| 
