Description Gallatin County Commissioners' Journal No. 50 November 12, 2008
Date 11/12/2008 Location County Commission
Time Speaker Note
1:30:29 PM Acting Chairman White Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Skinner and White, Deputy County Attorney Chris Gray and Acting Clerk to the Board Melissa Rivnie. Commissioner Murdock was excused.
1:31:18 PM Acting Chairman White Announcement: Reminder to the public that the meeting is being recorded, televised live by Bresnan Communications, and streamed over the internet.
1:31:33 PM There was public comment on matters within the Commission's jurisdiction: County Treasurer Kim Buchanan--property tax issues; County Planner Sean O'Callaghan--Growth Policy document availability.
1:33:47 PM Acting Chairman White Read the consent agenda as follows: 1. Approval of Claims; 2. Approval of INTERCAP Loan Application for the 9-1-1 Center; and 3. Decision on Common Boundary Relocation Exemption from Subdivision Review Request for Brainard (continued).
1:34:17 PM There was no public comment.
1:34:27 PM Discussion between the Commission and Deputy County Attorney Chris Gray
1:35:31 PM Commissioner Skinner I'll move to approve the consent agenda with the exception of Agenda Item #3, the Common Boundary Relocation Exemption for Brainard.
1:35:41 PM Acting Chairman White Second
1:35:44 PM Motion passed unanimously.
1:35:53 PM Acting Chairman White Public Opening of Statements of Qualification for Reach Inc. HOME Project
1:36:09 PM Jay Winchester, Community Relations Director, Reach Inc. Opening of Statements of Qualification: V2 Design Incorporated, Dowling Sandholm Architects, Bechtle Architects, Van Bryan Studio Architects, Intrinsik Architects, and Barry Sulam LLC
1:39:17 PM Discussion and Questions
1:39:26 PM There was no public comment.
1:39:31 PM No Action Taken.
1:39:42 PM Acting Chairman White Bid Award Recommendation and Decision for the Construction of an Equipment Storage Building
1:39:53 PM Road and Bridge Superintendent Lee Provance Bid Award Recommendation: Kruse Enterprises Incorporated for $72,379
1:40:16 PM Discussion and Questions
1:40:46 PM There was no public comment.
1:40:57 PM Commissioner Skinner Based on the recommendation by the Road and Bridge Department, I would move to award the bid for construction of the equipment storage building at the Road and Bridge Department to Kruse Enterprises.
1:41:11 PM Acting Chairman White Second
1:41:15 PM Board Discussion
1:41:37 PM Motion passed unanimously.
1:41:48 PM Acting Chairman White Public Hearing and Decision on a Resolution to Amend the Yellowstone Holiday Water & Sewer District FY 2009 Operating Budget to Increase the Budget by $24,000 to the Actual Revenue Budget Amount of $29,360
1:42:18 PM Finance Director Ed Blackman Presentation
1:43:30 PM There was no public comment.
1:43:38 PM Commissioner Skinner Move to approve Resolution #2008-135, which is a resolution to Amend the Yellowstone Holiday Water & Sewer District FY 2009 Operating Budget to Increase the Budget by $24,000 to the Actual Revenue Budget Amount of $29,360.
1:43:55 PM Acting Chairman White Second
1:44:00 PM Motion passed unanimously.
1:44:14 PM Acting Chairman White Public Hearing and Decision on a Resolution to Amend the FY 2009 Health Grant Operating Budget to Make Adjustments to the Revenues and Expenditures in Maternal Child Health of $10,013, Communicable Disease of $757, Cancer Prevention of $6,670 and Health Emergency Preparedness Decrease of $2,472
1:44:44 PM Finance Director Ed Blackman Presentation
1:46:12 PM There was no public comment.
1:46:23 PM Commissioner Skinner Move to approve Resolution #2008-136, which is a resolution to amend the health grants operating budget.
1:46:31 PM Acting Chairman White Second
1:46:33 PM Motion passed unanimously.
1:46:44 PM Acting Chairman White Public Hearing and Decision on a Resolution Establishing Fund Numbers 7007 (Individual Investments), #7044 (Historical Abatement), #7140 (Public Administrator), #7160 (Clerk of District Court), #7366 (Big Sky Water and Sewer District CLQ), and #7940 (Jury and Witness Warrants - Clearing Fund)
1:47:16 PM County Treasurer Kim Buchanan Presentation
1:48:25 PM Discussion and Questions
1:50:02 PM There was no public comment.
1:50:13 PM Commissioner Skinner Move to approve Resolution #2008-137, which is a resolution establishing some new funds.
1:50:21 PM Acting Chairman White Second
1:50:25 PM Motion passed unanimously.
1:50:34 PM Acting Chairman White Public Hearing and Decision on a Resolution Increasing the Number of Mills Levied from the Original FY 2009 Budget of $24.99 (24.99) for Manhattan Rural Fire District to $60.35 (60.35) in Compliance with 15-10-204 MCA and 15-10-420 MCA, to Maintain the Amount of Revenues for the Manhattan Fire District from FY 2008
1:51:05 PM Finance Director Ed Blackman Presentation, noting that the $ should be omitted on the resolution
1:53:00 PM Discussion and Questions
1:54:15 PM There was no public comment.
1:54:22 PM Commissioner Skinner Move to approve Resolution #2008-138 which is a resolution to increase the number of mills for the Manhattan Rural Fire District to maintain the amount of revenues from FY 2008.
1:54:36 PM Acting Chairman White Second
1:54:39 PM Motion passed unanimously.
1:54:48 PM Acting Chairman White Public Hearing and Decision on Release of Improvements Agreement for Spanish Peaks Estates Phase 6
1:54:58 PM County Planner Tim Skop Staff Report
1:55:54 PM There was no public comment.
1:56:01 PM Commissioner Skinner Based on the staff report and the supported written approval of the road improvements by Marty Gagnon of Morrison Maierle and with review of the County Road and Bridge Department, I would find that the Improvements Agreement for Spanish Creeks (Peaks) Phase 6 Subdivision Improvements Agreement have been satisfied and I would move to release the performance bond.
1:56:27 PM Acting Chairman White Second
1:56:32 PM Deputy County Attorney Chris Gray There was a cash security, rather than a bond, Mr. Skop clarified that on the record. On the titles of your documents, it does say performance bond, but this is a cash security.
1:56:47 PM Commissioner Skinner Ok, I will adjust my motion accordingly.
1:56:51 PM Acting Chairman White And I will adjust my second.
1:56:53 PM Discussion and Questions
1:57:00 PM Motion passed unanimously.
1:57:12 PM Acting Chairman White Public Hearing and Decision on Release of Improvements Agreement for Spanish Peaks Estates Resort Phase 3A
1:57:22 PM County Planner Tim Skop Staff Report
1:58:14 PM There was no public comment.
1:58:22 PM Commissioner Skinner Based on the staff report and the written approval of the road improvements by Marty Gagnon of Morrison Maierle and review of the Gallatin County Road and Bridge Department, I would find that the Improvements Agreement for Spanish Peaks Resort Phase A, Phase 3A Subdivision have been satisfied and I would move to release the cash security deposit.
1:58:49 PM Acting Chairman White Second
1:58:54 PM Motion passed unanimously.
1:59:03 PM Acting Chairman White Public Hearing and Decision of a Resolution Adopting Amendments to the Subdivision Regulations (Sections 3.S.2.d., 4.S.2.d., 5.E.27., 5.G.b.(15), and 6.E.1.) Regarding Fire Protection Plan Submittal and Approval Procedures
1:59:26 PM County Planner Randy Johnson, AICP Staff Report
2:01:56 PM Discussion and Questions
2:03:54 PM There was no public comment.
2:04:06 PM Commissioner Skinner Move to approve Resolution #2008-139, a resolution amending the Gallatin County Subdivision Regulations in the fire section, I guess that would be Section 3 of the Subdivision Regs, Section 3, 4, 5, and 6.
2:04:35 PM Acting Chairman White Second
2:04:37 PM Board Discussion
2:06:12 PM Motion passed unanimously.
2:06:39 PM Acting Chairman White Public Hearing and Decision on a Request by Kailo Design and Development, LLC, to Modify Condition #14 of the Preliminary Plat Approval of the Aspen Springs Major Subdivision
2:06:53 PM County Planner Sean O'Callaghan Staff Report
2:15:02 PM Discussion between the Commission, Sean O'Callaghan, Deputy County Attorney Chris Gray, and County Road & Bridge Engineer George Durkin
2:21:19 PM Attorney Susan Swimley Presentation on behalf of client Kailo Design and Development, LLC
2:28:36 PM Discussion and Questions
2:35:15 PM Public Comment Mary Jacobs; Noreen Breeding; John Lambert; Jim Garrigan; Beth MacConnell; Charles Rogers; and Mike McKenna, member, Kailo Design and Development, LLC
3:01:26 PM Attorney Susan Swimley Rebuttal on behalf of client Kailo Design and Development, LLC
3:04:01 PM Discussion between the Commission, Susan Swimley, and Mike McKenna
3:09:58 PM Closed public comment.
3:10:20 PM Board Discussion including Sean O'Callaghan, Susan Swimley, and Chris Gray
3:21:18 PM Commissioner Skinner I would move to continue this agenda item until staff can provide an alternative condition reflective of our discussion and our preliminary approval.
3:21:36 PM Acting Chairman White Second
3:21:40 PM Discussion between the Commission, Chris Gray, and Sean O'Callaghan
3:22:06 PM Motion passed unanimously.
3:22:11 PM Item continued for two weeks.
3:22:19 PM Acting Chairman White Public Hearing and Decision on a Request for an Extension and Partial Release of the Financial Security for the Improvements Agreement for Phase One of the Black Bull Run Major Subdivision
3:23:21 PM County Planner Sean O'Callaghan Staff Report, submitted letter from Craig Madson, Allied Engineering labeled Exhibit A, Item #11
3:27:00 PM Discussion and Questions
3:29:28 PM County Road & Bridge Engineer George Durkin Comments
3:30:19 PM Discussion and Questions
3:32:02 PM County Weed District Supervisor Dennis Hengel Comments
3:33:44 PM Discussion and Questions
3:36:20 PM Craig Madson, Project Manager, Allied Engineering Comments
3:38:50 PM Craig Bryant, Developer Comments
3:40:29 PM Board Discussion including Deputy County Attorney Chris Gray
3:42:21 PM Deputy County Attorney Chris Gray The motion would be to approve the third Improvements Agreement with the developer Black Bull Development, LLC as well, approve and accept the third addendum to the Improvements Agreement with the November 11, 2008 letter from Allied Engineering to Gallatin County as an additional offer from the developer that would be contingent on the following: receipt of all the money, mainly $155,736 from Black Bull Development as well as review and approval of the bank account documents provided by the developer by County staff. So those would be two contingencies before the approval would be official--approval and acceptance would be official.
3:43:59 PM Commissioner Skinner I would move Chris Gray's suggested motion.
3:44:03 PM Acting Chairman White Second
3:44:05 PM Board Discussion including Chris Gray
3:44:29 PM Motion passed unanimously.
3:44:41 PM Meeting Adjourned.
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