Description Gallatin County Commissioners' Journal No. December 20, 2005
Date 12/20/2005 Location County Commission
Time Speaker Note
9:00:21 AM Chairman Murdock Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Murdock, Skinner and Vincent, County Attorney Lambert and Acting Clerk to the Board Mary Miller.
9:01:18 AM Chairman Murdock There was no public comments on any matters within the Commission's jurisdiction.
9:01:55 AM Chairman Murdock Announcement that regular agenda Item #6, Public Hearing and Consideration/Decision on a Resolution to Create Bear Creek Properties Subdivision Phases 2 & 3 RID #391 and Item #7, Public Hearing and Consideration/Decision on a Resolution to Create Alder Court Lane, RID #392 will be continued due to an inadequacy in the public notice.
9:02:39 AM Deputy County Attorney Greg Sullivan Comments/Discussion with the Commission. It was noted that the process would be started over.
9:03:44 AM Clerk and Recorder Shelley Vance Comments/Discussion with the Commission
9:04:48 AM Discussion and Questions
9:05:50 AM Deputy County Attorney Greg Sullivan Confirmed that letters of protest already received will still be valid. They do not have to be resubmitted.
9:06:34 AM No action taken. (Continued until December 27, 2005.)
9:06:48 AM Commissioner Skinner Read the consent agenda as follows: 1. Approval of Claims 2. Approval of Asset Disposal for Sheriff's Office - DeskJet Printer 3. Approval of County Commission Public Meeting Minutes for December 6th and 7th, 2005 4. Approval of Contract(s): Montana Highway Patrol for DUI Services; Qwest-Replacement Phone Service for County Facilities; Agreement Between the City of Bozeman and the Gallatin Solid Waste Management Board to Provide Refuse Disposal Services At the Logan Landfill to the City of Bozeman; and Snow Removal RID 323/379
9:08:08 AM There was no public comment.
9:08:13 AM Chairman Murdock Requested that the Solid Waste Agreement be moved to the regular agenda for further explanation.
9:08:35 AM Commissioner Skinner Requested that the Qwest-Replacement Phone Service for County Facilities contract be moved to the regular agenda for further explanation.
9:08:44 AM Commissioner Vincent I move we adopt the amended consent agenda moving the Quest-Replacement Phone Service for County Facilities and the Agreement Between the City of Bozeman and the Gallatin Solid Waste Management Board to the regular agenda.
9:08:56 AM Commissioner Skinner Second
9:09:06 AM Motion passed unanimously.
9:09:08 AM Chairman Murdock Qwest-Replacement Phone Service for County Facilities
9:09:36 AM ITS Director Ed Kawa Presentation
9:14:18 AM There was no public comment.
9:14:30 AM Commissioner Skinner I'll move to approve the Quest contract.
9:14:32 AM Commissioner Vincent Second
9:14:40 AM Motion passed unanimously.
9:14:42 AM Chairman Murdock Agreement Between the City of Bozeman and the Gallatin Solid Waste Management Board to Provide Refuse Disposal Services At the Logan Landfill to the City of Bozeman- Summary
9:16:07 AM There was no public comment.
9:16:18 AM Commissioner Skinner I'll move to approve the agreement between the City of Bozeman and the Gallatin Solid Waste Management Board to provide refuse disposal services at the Logan Landfill.
9:16:27 AM Commissioner Vincent Second
9:16:30 AM Board discussion
9:16:43 AM Motion passed unanimously.
9:16:48 AM Chairman Murdock Public Hearing and Consideration of a Resolution Calling for the sale of General Obligations Bonds up to 5 million Dollars for the 1999 Voter Approved Bond Debt with the Balance of 2.8 Million from the 2004 voter Approved Bond Issue
9:17:17 AM Open Lands Board Coordinator Mike Harris Presentation
9:18:05 AM There was no public comment.
9:18:09 AM Commissioner Vincent I move that we approve the sale of General Obligation Bonds up to 5 million dollars for the 1999 voter approved bond debt with the balance of 2.8 Million for the 2004 voter approved bond issue, as recommended by Open Lands Coordinator Mike Harris.
9:18:32 AM Commissioner Skinner Second
9:18:36 AM Motion passed unanimously.
9:18:39 AM Chairman Murdock Consideration of Exception to State Law Bidding Requirement for Purchase of 911 Communications Equipment at Nixon Ridge and Timberline Locations
9:19:07 AM County Attorney Marty Lambert Presentation, submitted letters from Bozeman Chief of Police and 911 Administrative Board Chairman Mark Tymrak (read into the record) labeled Exhibit A, Item 2 and 911 Director Ben Hess labeled Exhibit B, Item 2.
9:24:58 AM There was no public comment.
9:25:16 AM Commissioner Vincent I move that we grant an exception to state law and the state law-bidding requirement for purchase of 911 Communications equipment at Nixon Ridge and Timberline locations based on the testimony of County Attorney Marty Lambert.
9:25:39 AM Commissioner Skinner Second
9:25:42 AM Board discussion
9:27:09 AM Motion passed unanimously.
9:27:23 AM Chairman Murdock Buy-Sell Agreement w/Earnest Money Receipt Between Skylink Digital, LLC, Gallatin County and the City of Bozeman for the Purchase of Real Property at the Timberline Communication Site and Approval of Order for Payment
9:27:48 AM 911 Director Ben Hess Presentation
9:31:26 AM Discussion and Questions
9:33:47 AM DES Coordinator Jason Shrauger Comments
9:35:33 AM There was no public comment.
9:35:41 AM Commissioner Skinner I'll move to approve the buy-sell agreement with earnest money receipt between Skylink Digital, LLC, Gallatin County and the City of Bozeman for the purchase of real property at the Timberline Communication Site and approval of the order for payment.
9:36:00 AM Commissioner Vincent Second
9:36:05 AM Board discussion including Ben Hess
9:38:54 AM Motion passed unanimously.
9:39:18 AM Chairman Murdock Contract for the Purchase of 911 Communications Equipment at the Nixon Ridge and Timberline 911 locations and Approval of Order for Payment
9:39:30 AM 911 Director Ben Hess Presentation
9:39:57 AM There was no public comment.
9:40:11 AM Commissioner Skinner I'll move to approve the contract for the purchase of 911 Communications equipment at the Nixon Ridge and Timberline 911 locations and approve the order for payment.
9:40:23 AM Commissioner Vincent Second
9:40:29 AM Motion passed unanimously.
9:40:36 AM Chairman Murdock Continuation on Public Hearing and Consideration of Request for Preliminary Plat Approval for Meadow View Subdivision or also know as Country Side Estates
9:41:03 AM Belgrade City-County Planner Jason Karp Staff report/summarizing new information. Amendments to conditions from staff report dated December 6, 2005 are as follows: #4) A waiver of right to protest creation of Rural Improvement Districts and Water and Sewer Districts and annexation into the City of Belgrade shall accompany the final plat. #5(l)) Lots C1-C4 will be used for commercial purposes (light manufacturing or retail uses.) Add wording to end of #18) or the developer shall acquire necessary right-of-ways and construct a pedestrian trail along the southern boundary of Amsterdam Road and connect and implement the tunnel under Amsterdam Road. Additional conditions #21, 22, 23, 24, 25, & 26 as listed in the staff report dated December 20, 2005.
9:46:54 AM Discussion and Questions
9:48:05 AM Attorney Joby Sabol Presentation on behalf of client Graham Development, LLC
9:50:12 AM Discussion and Questions
9:51:16 AM There was no public comment.
9:51:35 AM Attorney Joby Sabol Acknowledged agreement to conditions.
9:51:38 AM Board discussion
9:53:11 AM Commissioner Vincent Finding that the Meadow View Subdivision preliminary plat application meets applicable state statutes under the Subdivision and Platting Act, finding that it complies with the Belgrade Area Master Plan and has been approved by the Belgrade City/County Planning Board and staff, I move that we approve the application.
9:53:42 AM Commissioner Skinner Second
9:53:45 AM Board discussion/Findings including Jason Karp
9:59:34 AM County Attorney Marty Lambert Comments, proposed amending condition #22 at the request of Commissioner Skinner as follows: Lot MF-1 initially shall be limited to 10 dwelling units. If DNRC so determines, developer will obtain a beneficial water user permit from DNRC for the 10 dwelling units on Lot MF-1. The density may be increased to 30 units if the lot is connected to an existing public water supply (River Rock or City of Belgrade) or if the developer submits a subsequent subdivision application for the lot for review and approval with a beneficial water user permit from the State Department of Natural Resources and Conservation (DNRC).
10:00:44 AM Attorney Joby Sabol Agrees to amended condition.
10:00:49 AM Commissioner Skinner I move to amend the motion by inserting that language in condition #22.
10:00:53 AM Board discussion including Marty Lambert
10:01:23 AM Commissioner Vincent Second
10:01:31 AM Motion passed unanimously.
10:01:34 AM Board discussion
10:01:50 AM Motion passed unanimously. (Amended motion)
10:02:01 AM Recess
10:08:58 AM Chairman Murdock Reconvene to meeting. Continuation on Public Hearing and Consideration of Request for Preliminary Plat Approval for the Gallatin Heights Subdivision
10:09:45 AM Belgrade City-County Planner Jason Karp Staff report/summarizing new information. Amendments to conditions from staff report dated November 29, 2005 are as follows: #3) (This condition is recommended to be deleted and replaced by condition #36). Add to end of #23) Or bond an improvements agreement as per subdivision regulations . Add to end of #24) The developer shall financially guarantee the installation of a traffic signal at this intersection within a period of five (5) years from final plat approval of any phase within the subdivision. During this period of time, should sufficient warrants exist to allow for the construction of this traffic signal and MDOT, the County, or other developments are unable to fund its installation, the developer shall agree to install the traffic signal. The terms of this agreement and type of
financial guarantee shall be detailed in an improvements agreement to be reviewed and approved by the Gallatin County Attorney's Office prior to final plat approval of the first phase of this subdivision. Add to #25) The new access road to Jackrabbit Lane shall be installed as a right turn in only, and right turn out only design, or a three quarter movement turn if turn lanes are installed as approved by the Montana Department of Transportation. Additional conditions #32, 33, 34, 35, & 36 as listed in the staff report dated December 20, 2005.
10:23:19 AM Discussion and Questions
10:24:27 AM Mike Stewart, General Partner, Land Equity Partners Applicant PowerPoint Presentation
10:59:02 AM Discussion between the Commission, Mike Stewart, and County Attorney Marty Lambert
11:18:31 AM Attorney Rhett Nemelka Comments on behalf of client Land Equity Partners
11:20:03 AM Discussion between Rhett Nemelka, Marty Lambert, and Mike Stewart
11:32:16 AM Belgrade City-County Planner Jason Karp Noted written correspondence received from the following: Ed Howard, Kay Ballenger, and Michael Mahler
11:32:56 AM Public comment Mike Mahler submitted letter from Delbert and Janice High, Ed Howard, Open Lands Board Coordinator Mike Harris, and Ellie Mahler
11:54:22 AM Belgrade City-County Planner Jason Karp Summarized letter from Delbert and Janice High submitted by Mike Mahler
11:55:59 AM Public comment LWQD Manager Alan English and County Road and Bridge Engineer George Durkin. George Durkin suggests amending conditions #20 and 22 to "50 feet of right-of-way."
12:04:25 PM Mike Stewart, Land Equity Partners Rebuttal
12:15:12 PM Discussion and Questions
12:18:58 PM Closed public comment.
12:19:02 PM Board discussion including Montana Department of Transportation Rob Bukvich, County Planning Director Jennifer Madgic, and Mike Stewart
12:50:02 PM County Attorney Marty Lambert Advice
12:51:35 PM Board discussion
12:52:24 PM Belgrade City-County Planner Jason Karp Comments
12:52:45 PM Board discussion including Marty Lambert
12:53:25 PM Commission agreed to continue consideration/decision until January 3, 2006, public hearing closed.
12:54:00 PM There were no Pending Resolutions.
12:54:02 PM Meeting adjourned.
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