Description Gallatin County Commissioners' Journal No. 51 June 29, 2010
Date 06/29/2010 Location County Commission
Time Speaker Note
9:03:07 AM Chairman Skinner Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Murdock, Skinner, and White, Deputy County Attorney Jecyn Bremer and Acting Clerk to the Board Melissa Rivnie.
9:03:53 AM Chairman Skinner Announcement: Reminder to the public that the meeting is being recorded, televised live by Bresnan Communications, and streamed over the internet.
9:04:01 AM Chairman Skinner Agenda announcement: Regular Agenda Item #12--Public Hearing and Decision on a Request for Preliminary Plat and Zoning Planned Unit Development Approval for the Lalani Minor Subdivision Located within the Gallatin County/Bozeman Area Zoning District--has been continued to July 6, 2010
9:04:11 AM Public Comment There was public comment on matters within the Commission's jurisdiction: Pete Rothing regarding the bridge washed out on Amsterdam Road.
9:09:06 AM Acting Clerk to the Board Melissa Rivnie Read the consent agenda as follows: 1. Approval of Claims; 2. Approval of the Application for FY2010 US Department of Justice JAG Grant ($15,899); 3. Approval of Budget Transfer from Capital Reserves to Training ($1,000), Capital Reserves to Professional Services ($3,000) and Equipment to Capital Expenditure - Machinery & Equipment ($1,100) Request by the Search & Rescue Department; 4. Approval of Asset Swap of Gateway Desktop Between ITS and Commission Departments; 5. Approval of General Mutual Release, Settlement Agreement, Kirkpatrick et. al. vs. Gallatin County et. al. (Lazy Acres Suit) (moved to the end of the regular agenda); 6. Approval of Contracts: FY2011 between Justice Court and the Community Mediation Center to Allow Mediators and Litigants an Attempt to Settle Prior to
Trial ($10,000); Bozeman Daily Chronicle for Display Advertising ($35,000); Agreement between Madison County, Gallatin County & Northwestern Energy to Install, Operate and Maintain Utility Services for RID 395 Ousel Falls ($62,502); Traffic Safety Grant to Purchase Two In-car Video Cameras and Pay for Sheriff and Highway Patrol Overtime for Traffic Enforcement and Alcohol Sales Compliance Checks ($12,995); Grant Application to Congressionally Selected Awards Program (CFDA 16.753) to Expand Housing Assistance, Addictions Counseling Issues, Mental Health Coordination and Case Management for Females in the Gallatin County Treatment Court Program ($184,400); Modification to #2010-099 with Stahly Engineering for Phase II Wastewater Study to Extend Time to 9/15/10; Grant Award to Missouri River Drug Task Force for FY 2011 ($408,284); Grant Award to Missouri River Drug Task Force FY 2011 ($482,517.56); 7. Decision on the Following Requests for Common Boundary Relocations Exempt from
Subdivision Review by Cook; McLean/Pitcher; and White; 8. Decision on a Request for an Aggregation of Common Boundary Lines Exempt from Subdivision Review by McLean; and 9. Decision on Final Plat Approval for the Brookshire Major Subdivision, Phase I
9:11:36 AM There was no public comment.
9:11:47 AM Commissioner Murdock Requested Consent Agenda Item #5 (Approval of General Mutual Release, Settlement Agreement, Kirkpatrick et. al. vs. Gallatin County et. al. (Lazy Acres Suit)) be placed on the regular agenda.
9:12:07 AM Commissioner White I would make a motion to approve the consent agenda that was read into record excluding #5, which is going to be at the end of the regular agenda.
9:12:14 AM Second
9:12:16 AM Motion passed unanimously.
9:12:20 AM Chairman Skinner Public Opening of Competitive Sealed Bids for 2010 Road Chip Sealing Project on Various County Maintained Roads
9:12:36 AM Road and Bridge Superintendent Lee Provance Opened Sealed Bids from Knife River-Belgrade for $782,683.15 and Pavement Maintenance Solutions, Inc. for $824,220.26. Bids will be taken under advisement and return on June 30th with a recommendation.
9:13:50 AM Discussion and Questions
9:15:50 AM There was no public comment.
9:15:54 AM No Action Taken.
9:15:57 AM Chairman Skinner Board Appointments--Airport Authority
9:16:38 AM There was no public comment.
9:16:49 AM Commissioner Murdock I nominate Ted Mathis to fill the vacancy.
9:16:56 AM Commissioner White Second
9:17:01 AM Board Discussion
9:19:11 AM Motion passed unanimously.
9:19:21 AM Commissioner Murdock Meadow View Cemetery Board
9:19:41 AM There was no public comment.
9:19:47 AM Commissioner White I make a motion to appoint, reappoint Mr. (Grant) Ballantyne to the cemetery board.
9:19:53 AM Second
9:19:57 AM Board Discussion
9:20:12 AM Motion passed unanimously.
9:20:20 AM Commissioner White Three Rivers Mosquito Control District
9:20:45 AM There was no public comment.
9:20:54 AM Commissioner Murdock Move to appoint Mr. (Jim) Aughney.
9:20:56 AM Commissioner White Second
9:21:00 AM Motion passed unanimously.
9:21:05 AM Chairman Skinner West Yellowstone/Hebgen Basin Refuse District
9:21:32 AM There was no public comment.
9:21:37 AM Commissioner Murdock Move to reappoint Gordon Berger, Jack Clarkson, and Jason Fatouros.
9:21:41 AM Commissioner White Second
9:21:45 AM Board Discussion
9:22:02 AM Motion passed unanimously.
9:22:08 AM Commissioner Murdock Board of Park Commissioners
9:22:43 AM There was no public comment.
9:22:50 AM Commissioner White I'd make a motion to reappoint Carol Collins and Jill Wilkinson, and appoint Suzie Hockel to the Board of Park Commissioners.
9:22:59 AM Commissioner Murdock Second
9:23:04 AM Motion passed unanimously.
9:23:13 AM Commissioner White CDBG Revolving Loan Fund Board
9:23:41 AM There was no public comment.
9:23:49 AM Commissioner White I would make a motion to reappoint Larry (Addink) and also to appoint Scott Jagger.
9:23:58 AM Commissioner Murdock Second
9:24:02 AM Motion passed unanimously.
9:24:07 AM Chairman Skinner Search & Rescue
9:24:55 AM There was no public comment.
9:25:01 AM Board Discussion
9:25:35 AM No Action Taken.
9:25:41 AM Chairman Skinner Decision Regarding a Resolution to Adopt the Variance Requested by Krisdan, LLC (Schmieding) in the Gallatin County/Big Sky Zoning District (Public Hearing held June 10, 2010)
9:26:12 AM County Planner Tim Skop Presentation
9:27:00 AM Discussion between the Commission and Deputy County Attorney Jecyn Bremer
9:27:54 AM There was no public comment.
9:28:08 AM Commissioner Murdock Move to approve it (Resolution #2010-075), finding we've already had a hearing in front of the Planning & Zoning Commission where we voted in favor anyway.
9:28:19 AM Commissioner White Second
9:28:22 AM Board Discussion/Findings
9:29:50 AM Commissioner White I would make a motion to waive the fee for this variance.
9:29:54 AM Commissioner Murdock Second
9:29:58 AM Board Discussion/Findings
9:30:08 AM Motion passed unanimously. (Motion to waive the fee)
9:30:29 AM Motion passed unanimously. (Motion to pass the Resolution)
9:30:33 AM Discussion between the Commission and Deputy County Attorney Jecyn Bremer
9:31:07 AM Chairman Skinner Public Hearing and Decision on First Reading of Speed Ordinance for River Rock School on Green Belt Drive and East River Rock Road
9:31:30 AM Deputy County Attorney Jecyn Bremer Read the Ordinance into record.
9:34:10 AM There was no public comment.
9:34:21 AM Commissioner White I'd make a motion to pass the first reading of Ordinance #2010-003.
9:34:29 AM Commissioner Murdock Second
9:34:33 AM Motion passed unanimously.
9:34:47 AM Chairman Skinner Public Hearing and Decision on a Resolution Reaffirming Preliminary Approval for the Proposed Issuance of Recovery Zone Facility Revenue Bonds Payable by F&H, LLC in an Aggregate Principal Amount Estimated Not-to-Exceed $4,250,000 Under Montana Code Annotated, Title 90, Chapter 5, Part 1 and the American Recovery & Reinvestment Act of 2009
9:35:15 AM Grants Administrator Larry Watson Introduction
9:36:30 AM Attorney Ben Johnson, Kennedy & Graven Presentation
9:40:01 AM Discussion and Questions
9:41:23 AM Mike Hope, F&H, LLC Applicant Presentation
9:41:51 AM Discussion and Questions
9:42:43 AM There was no public comment.
9:42:53 AM Commissioner Murdock I move that we approve Resolution #2010-076.
9:43:02 AM Commissioner White Second
9:43:08 AM Motion passed unanimously.
9:43:15 AM Discussion between the Commission and Ben Johnson
9:43:46 AM Chairman Skinner Public Hearing and Decision on a Resolution Amending the Public Safety State Emergency and Disaster Fund FY 2010 Operating Budget to Include Unanticipated Revenues in the Amount of $36,922.77 Received from the U.S. Department of Military Affairs Disaster and Emergency Services Division Grant for the Update of the Emergency Operations Plan
9:44:12 AM Grants Administrator Larry Watson Presentation
9:44:41 AM There was no public comment.
9:44:51 AM Commissioner White I'd make a motion to approve Resolution #2010-077.
9:44:57 AM Commissioner Murdock Second
9:45:00 AM Motion passed unanimously.
9:45:10 AM Chairman Skinner Public Hearing and Decision on Abandonment of the Monforton School Road
9:45:18 AM Clerk and Recorder Charlotte Mills Presentation
9:50:26 AM Discussion between Deputy County Attorney Chris Gray and Charlotte Mills
9:51:19 AM Lynne Scalia, Principal/Superintendent Monforton School Petitioner Presentation, submitted Schematic Design labeled Exhibit A, Item #7
9:56:18 AM Recess
10:04:25 AM Ben Lloyd, Comma-Q Architecture and Ken Flikkema Reconvene to meeting. PowerPoint presentation on behalf of petitioner, Monforton School
10:19:04 AM Public Comment Andy Blanchford; Rick Reese; Darwin Lehfeldt; David Penwell; Dennis Arsenault; Tamzyn Brown; Attorney Mike Lilly; Dave Crawford, TD&H Engineering; Kelly Ripley; Dean Stephens; Attorney Susan Swimley; John Leeper; Suzy Hall Hoberecht; Dan Springer; Katharine Johnson; and Ken Flikkema
10:48:41 AM Closed public comment.
10:48:45 AM Board Discussion including Chris Gray, Lynne Scalia, Ben Lloyd, John Leeper, and Dave Crawford
10:57:51 AM Commissioner Murdock I'm going to vote to approve Resolution #2010-078 which describes the abandonment of the portion of Monforton School Road, in discussion as legally described here and with the conditions that the following two agenda items be approved.
10:58:16 AM Deputy County Attorney Chris Gray Comments
10:58:24 AM Commissioner White Second
10:58:28 AM Board Discussion
11:02:48 AM Motion passed unanimously.
11:03:05 AM Chairman Skinner Public Hearing and Decision on Acceptance of Easement for Public Access, Egress, and Utilities for Monforton School Road and Circle F Trail
11:03:16 AM Deputy County Attorney Chris Gray Presentation
11:04:13 AM There was no public comment.
11:04:20 AM Commissioner White I'd make motion for the acceptance of the easement for what was put onto record.
11:04:27 AM Commissioner Murdock Second
11:04:31 AM Motion passed unanimously.
11:04:42 AM Chairman Skinner Public Hearing and Decision to Authorize the Chair to Execute the Memorandum of Understanding between Gallatin County, Montana and the Monforton School District regarding Monforton School Road
11:04:57 AM Deputy County Attorney Chris Gray Presentation
11:05:50 AM Discussion and Questions
11:06:21 AM There was no public comment.
11:06:27 AM Commissioner White I'd make a motion to authorize you to sign to execute the memorandum of understanding between the County and the Monforton School District.
11:06:41 AM Commissioner Murdock Second
11:06:47 AM Motion passed unanimously.
11:06:54 AM Recess
11:15:43 AM Chairman Skinner Reconvene to meeting. Public Hearing and Decision on Preliminary Plat Approval for the Kawasaki Minor Subdivision, including a Request for Two Variances to the Road Design Standards of the Subdivision Regulations, Maximum Cul-De-Sac Length (Section 7.C.6, Table 1) and Width of Access Road (Section 7.F.1, Table 2)
11:16:16 AM County Planner Tim Skop Staff Report
11:17:08 AM Discussion between Deputy County Attorney Jecyn Bremer and Terry Threlkeld, Innovative Engineering
11:18:03 AM County Planner Tim Skop Staff Report
11:19:35 AM Discussion and Questions
11:34:49 AM Terry Threlkeld, Innovative Engineering Presentation on behalf of applicant, Jerry Kawasaki
11:42:58 AM Public Comment Nancy Topel; and Lori Hess
11:50:44 AM Terry Threlkeld, Innovative Engineering Rebuttal on behalf of applicant, Jerry Kawasaki
11:54:17 AM Discussion between the Commission, Terry Threlkeld, and Tim Skop
11:56:48 AM Board Discussion/Findings including Tim Skop, Jecyn Bremer, County Planner Randy Johnson
12:12:46 PM Commissioner White I would make a motion to approve the variance for the cul-de-sac.
12:12:54 PM Chairman Skinner Second
12:12:59 PM Board Discussion/Findings
12:14:56 PM Motion passed 2:1. Commissioner Murdock opposed.
12:15:08 PM Commissioner White I'd make a motion to approve that variance for the request of the applicant to not be in adherence to the existing demands of our subdivision regulations.
12:15:26 PM Chairman Skinner Second
12:15:30 PM Board Discussion/Findings including Jecyn Bremer
12:18:02 PM Motion passed 2:1. Commissioner Murdock opposed.
12:18:14 PM Commissioner White I would make a motion to approve the subdivision with some modifications to the conditions: the, in #5e there are covenants that include "the lighting of fireworks is prohibited" and I would ask that that be struck. And condition #13 I would, I know we put on record that there would be work done between the applicant and the neighbors to work up something to for sharing the maintenance costs of the access roads, the, I guess my motion would include, and maybe we can discuss this further, but as striking the last sentence of 13 and leaving the first sentence as the "homeowners association should be formed". So those are the two modifications to the conditions, my motion is to approve the application with the variances.
12:19:27 PM Commissioner Murdock Second
12:19:35 PM Board Discussion/Findings
12:20:24 PM Deputy County Attorney Jecyn Bremer I believe Tim recommended that you could change, so it says "additionally the homeowners will be required to enter into a joint agreement with the homeowners association that maintains the road," I believe he suggested striking that and substituting "property owners".
12:20:37 PM Commissioner White Then I would modify my motion to change to the, to Tim's language.
12:20:43 PM Commissioner Murdock Second
12:21:07 PM Board Discussion/Findings including Terry Threlkeld
12:23:45 PM Motion passed 2:1. Commissioner Murdock opposed.
12:24:05 PM Chairman Skinner Public Hearing and Decision on a Final Resolution Adopting the Kountz Zone Map Amendment Changing the Zoning of Lot L of Minor Subdivision No. 313 and a portion of Tract 1 of COS 2229 from Agricultural Suburban (AS) to Light Manufacturing (M1) Within the Gallatin County Bozeman Area Zoning District
12:24:27 PM County Planner Tom Rogers Staff Report
12:24:53 PM Discussion and Questions
12:26:33 PM There was no public comment.
12:26:43 PM Commissioner Murdock Move to approve it (Resolution #2010-079).
12:26:46 PM Commissioner White Second
12:26:50 PM Board Discussion
12:27:21 PM Motion passed unanimously.
12:27:34 PM Chairman Skinner Approval of General Mutual Release, Settlement Agreement, Kirkpatrick et. al. vs. Gallatin County et. al. (Lazy Acres suit)
12:27:42 PM Commissioner Murdock Comments
12:28:02 PM Deputy County Attorney Chris Gray Presentation
12:29:08 PM Commissioner White I make a motion to approve the settlement agreement.
12:29:17 PM Chairman Skinner Second
12:29:21 PM Board Discussion
12:29:35 PM Motion passed 2:1. Commissioner Murdock opposed.
12:29:43 PM Meeting Adjourned.
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