Description Gallatin County Commissioners' Journal No. 51 December 14, 2010
Date 12/14/2010 Location County Commission
Time Speaker Note
9:01:28 AM Chairman Skinner Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Murdock, Skinner, and White, Deputy County Attorneys Jecyn Bremer and James Greenbaum and Acting Clerk to the Board Melissa Rivnie
9:02:13 AM Chairman Skinner Announcement: Reminder to the public that the meeting is being recorded, televised live by Bresnan Communications, and streamed over the internet.
9:02:20 AM Chairman Skinner There was no public comment on any matters within the Commission's jurisdiction.
9:02:35 AM Acting Clerk to the Board Melissa Rivnie Read the consent agenda as follows: 1. Approval of Claims; 2. Approval of Meeting Minutes from November 23 & 30, 2010; 3. Approval of Contract(s): Manhattan Wildlife Association RID 396 Construction Permit; Green Mountain Red Angus RID 396 Easement; and 4. Decision on a Common Boundary Relocation Exempt from Subdivision Review for Herman R. Van Dyken Irrevocable Decedent's Trust.
9:03:19 AM There was no public comment.
9:03:28 AM Commissioner White I'd make a motion to approve the consent agenda.
9:03:31 AM Commissioner Murdock Second
9:03:32 AM Motion passed unanimously.
9:03:36 AM Chairman Skinner Agenda announcement: Regular Agenda Items #6 (Public Hearing and Decision on a Request for Preliminary Plat Approval for the Jack Rabbit Business Park Major Subdivision) and #7 (Public Hearing and Decision on a Resolution of Intent Amending the Boundaries of the Gallatin Gateway Community Plan (Plan), Adopted as Part of the County Growth Policy, at the Request of Some Landowners to be Included Within the Plan Boundary and Other Landowners to be Excluded From the Plan Boundary) will be switched, Item #7 will occur before Item #6
9:03:52 AM Chairman Skinner Opening of Competitive Sealed Proposals for Women's Transitional Living Facility
9:04:00 AM Court Services Director Steve Ette Opened a proposal from Alcohol & Drug Services of Gallatin County. Proposal will be taken under consideration and a recommendation will be made at a later date.
9:04:55 AM There was no public comment.
9:05:04 AM Discussion and Questions
9:06:43 AM No Action Taken.
9:07:20 AM Chairman Skinner Opening of Proposals and Specifications for the Purchase of One New Landfill Compactor with Consideration of a Trade-in of One 1997 Caterpillar 826G Landfill Compactor for the Gallatin Solid Waste Management District
9:07:42 AM Solid Waste Management District Manager Martin Bey Opened Proposals from Titan Machinery for $454,000.00 and Tractor & Equipment Company for $506,919.00. Proposals will be taken under consideration and a recommendation will be made at a later date.
9:08:01 AM Discussion and Questions
9:10:30 AM Public Comment Dennis Morelock
9:10:48 AM No action taken.
9:10:49 AM Chairman Skinner Public Hearing and Decision on a Resolution of Intent to Amend the Capital Improvements - DES FY2011 Operating Budget to Include Grant Revenues in the Amount of $107,537 Received from the Montana Department of Military Affairs for a Middle Creek Dam Early Warning System
9:11:11 AM Grants Administrator Larry Watson Presentation
9:11:50 AM There was no public comment.
9:11:56 AM Chairman Skinner This is Resolution #2010-128.
9:11:59 AM Commissioner Murdock Move to approve.
9:12:01 AM Commissioner White Second
9:12:05 AM Motion passed unanimously.
9:12:13 AM Chairman Skinner Public Hearing and Decision on a Resolution to Amend Fund 2916 - COPS Grant in the Amount of $102,705 and Fund 2927 - Homeland Security Grant in the Amount of $252,525 for Replacement of Dispatch Paging System Along with $102,705 for Sheriff Command Vehicle Enhance, with Revenue Coming from Three Grants and Transfer of Operating Expense Requirements for FY2011
9:12:52 AM Finance Director Ed Blackman Presentation
9:14:32 AM Discussion and Questions
9:16:23 AM There was no public comment.
9:16:35 AM Commissioner White I'd make a motion to approve Resolution #2010-129.
9:16:41 AM Commissioner Murdock Second
9:16:45 AM Motion passed unanimously.
9:16:59 AM Chairman Skinner Public Hearing and Decision Regarding Appointment of, and Contract with, an Interim County Rural Fire Chief
9:17:17 AM County Administrator Earl Mathers Presentation
9:18:51 AM Discussion and Questions
9:19:22 AM There was no public comment.
9:19:32 AM Board Discussion including Interim County Rural Fire Chief Patrick Lonergan
9:20:21 AM Commissioner Murdock Move to appoint Patrick, are we appointing Patrick Lonergan? It's a resolution number, but we're accepting an interim contract with the City of Bozeman, really. Which names him as the designated. So moved, to adopt Resolution #2010-130.
9:20:46 AM Commissioner White Second
9:20:49 AM Board Discussion including Deputy County Attorney James Greenbaum
9:21:29 AM Motion passed unanimously.
9:21:42 AM Chairman Skinner Public Hearing and Decision on a Resolution of Intent Amending the Boundaries of the Gallatin Gateway Community Plan (Plan), Adopted as Part of the County Growth Policy, at the Request of Some Landowners to be Included Within the Plan Boundary and Other Landowners to be Excluded From the Plan Boundary
9:22:08 AM County Planner Warren Vaughan Staff Report
9:30:43 AM Discussion and Questions
9:32:36 AM Public Comment Penny Oliver; Ron Boss; and David Loseff
9:45:31 AM Board Discussion including Deputy County Attorney Jecyn Bremer and Warren Vaughan
9:57:12 AM Commissioner Murdock I'm going to make a motion that we amend the plan as requested (Resolution #2010-130).
9:57:16 AM Commissioner White Second
9:57:19 AM Board Discussion
10:07:58 AM Motion failed 1:2. Commissioners Murdock and Skinner opposed.
10:08:11 AM Board Discussion including Warren Vaughan
10:13:44 AM Chairman Skinner I'm going to move that we continue this for 30 days.
10:13:56 AM Motion dies for lack of a second.
10:13:59 AM Board Discussion
10:14:42 AM Commissioner White I would make that motion to modify the boundaries and we can have discussion on how, I guess.
10:14:54 AM Chairman Skinner Second
10:14:56 AM Commissioner White My motion would be to modify the boundaries to those of the water/sewer district and include the Loseff 50 acres across the road from, on 191.
10:15:11 AM Board Discussion
10:15:42 AM Commissioner White I guess the second motion would be to adjust the boundaries and to accommodate the removal of the properties along the outside of the current area.
10:15:55 AM Board Discussion including Warren Vaughan and Jecyn Bremer
10:20:53 AM Commissioner White I'd make a motion that we produce a map with boundaries that will give respect to those landowners that are on the outside of the planned area and that it will go before the Planning Board for their consideration in public hearing and then come back to us for possible final adoption.
10:21:29 AM Board Discussion/Findings including Warren Vaughan and Jecyn Bremer
10:24:33 AM Recess
10:34:38 AM Chairman Skinner Reconvene to meeting.
10:34:52 AM Commissioner White I'd like to just rescind all the motions that we've got, whatever they are, that are on record. And start fresh with a new motion for your consideration, for Commissioner Murdock's consideration, and that would be a motion to give direction to the Planning department staff to develop some boundaries that would give respect to the properties that wish to be excluded, that does not include those that are not are on the edges, so the Swiss cheese issue. And that would prepare for a hearing before the Planning Board, where they would consider the map and take testimony and then from there come back to the County Commission with a recommendation of boundaries.
10:35:49 AM Chairman Skinner Second
10:35:53 AM Board Discussion including Warren Vaughan and Planning Director Sean O'Callaghan
10:39:17 AM Motion passed 2:1. Commissioner Murdock opposed.
10:39:24 AM County Planner Warren Vaughan Comments
10:40:42 AM Chairman Skinner Public Hearing and Decision on a Request for Preliminary Plat Approval for the Jack Rabbit Business Park Major Subdivision
10:41:44 AM County Planner Tom Rogers Staff Report
10:43:18 AM Discussion between the Commission, Tom Rogers, and Deputy County Attorney Jecyn Bremer
11:01:41 AM Richard Smith, RJ Development Group Presentation on behalf of applicant, Jack Rabbit Land Co, LP c/o James Ryffel
11:06:00 AM Discussion and Questions
11:13:07 AM Marty Gagnon, Morrison-Maierle Inc. Presentation on behalf of applicant, Jack Rabbit Land Co, LP c/o James Ryffel
11:17:02 AM Richard Smith, RJ Development Group Continued presentation on behalf of applicant, Jack Rabbit Land Co, LP c/o James Ryffel; submitted copy of requested condition modifications labeled Exhibit A, Item #6
11:21:28 AM Discussion between the Commission, Richard Smith, and Jecyn Bremer
11:31:48 AM Public Comment Peter McGee and Attorney Jeremy LeFeber
11:33:22 AM Discussion and Questions
11:42:02 AM Richard Smith, RJ Development Group Rebuttal on behalf of applicant, Jack Rabbit Land Co, LP c/o James Ryffel
11:47:12 AM Marty Gagnon, Morrison-Maierle Inc. Rebuttal on behalf of applicant, Jack Rabbit Land Co, LP c/o James Ryffel
11:48:57 AM Richard Smith, RJ Development Group Rebuttal on behalf of applicant, Jack Rabbit Land Co, LP c/o James Ryffel
11:50:02 AM Discussion between the Commission, Richard Smith, Tom Rogers, County Planner Randy Johnson, and Trevor McSpadden, Morrison-Maierle, Inc.
11:59:20 AM Board Discussion including Tom Rogers, Jecyn Bremer, Richard Smith, and Marty Gagnon
12:12:06 PM Commissioner Murdock I move that we approve the Jack Rabbit Business Park Commercial Subdivision with the conditions as presented by staff and amended as follows: we are moving the access on the Jackrabbit Road, the north one, to the shared property line on the north boundary with the adjacent neighbor with the condition as presented by staff. I move that we keep condition #35, and I don't know if we need to add this language, but I'm just simply differing to whatever the law requires they will do for cash in lieu. I think that's implicit, I don't think we need to change the language, so I'm not into striking it, I'm not trying to hold you hostage or anything, I just, if the law requires it, you pay it, if it's commercial, as Mr. McSpadden mentioned, then maybe you don't have to pay anything. But you're going to duke that out
with Jecyn. The water rights one, the water issue I want to leave alone, (condition) #33. And I wish to change condition #4 to have language that, not in agreement with the developers of the Kennedy subdivision, but with MDOT that you pay a proportionate share as determined by MDOT for the Baxter signalization, if and when it ever goes in. With your stacking on the Baxter Lane, I am in agreement with the subdivider's change amendment on, I think it's condition #13.
12:14:45 PM Commissioner White Second
12:14:47 PM Board Discussion/Findings including Jecyn Bremer
12:17:16 PM Motion passed unanimously.
12:17:21 PM Meeting Adjourned.
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