911 center and fire station plans go forward

By JESSICA MAYRER Chronicle Staff Writer

A district judge is mulling over whether or not to dismiss a lawsuit filed by Baxter Meadows Development LLC against Gallatin County over a two-acre portion of the 100-acre Regional Park slated for a new 911 call center and firehouse.

Baxter Meadows sold 100 acres to the county in 2003 in exchange for $2.3 million in open space bond money. According to Baxter’s lawsuit, the below-market price came with an agreement the land would be preserved.

“In making its decision to enter into the agreement, Baxter relied on the county’s representations that the land would be used in perpetuity as open space for a park,” the suit maintains.

And as several community organizations go forward with plans to make the park a recreation destination, with miles of hiking trails, a dinosaur playground and a covered bridge complete with seating installed this week, Baxter is asking the court to rescind the original agreement because of the call center dispute.

But Montana law allows open space land to be converted if it is in the public interest. And, the county states in a motion to dismiss Baxter’s suit, the fire station and the 911 center are in the public’s interest.

By law, the county has three years to find a comparable parcel to replace the two acres, and the county is on the lookout for another property, said Gallatin County open space coordinator Mike Harris.

“To find a comparable parcel won’t be difficult,” Harris said. “I don’t believe in any way that it violates our agreement.”

And Chuck Winn, Bozeman’s outgoing fire chief, said because the Regional Park is close to a main arterial road and no fire station exists in that part of town, leaving a long emergency response time, building there is in the best interest of the community.

“A fire station and a park are very good neighbors,” Winn said. “It’s good to have that 24-hour public safety presence for a park.”

In exchange for the land, which is currently appraised at $300,000, the city and county plant to reimbursing the park fund, Winn said.

“We’re going to pay for what we’re using,” Winn said.

Neither Gerald R. Williams, president of Baxter Meadows, nor his attorney, Eric Nord would comment for this story. But, in court documents, the company, which owns and is developing 460 acres adjacent to Regional Park, maintains the county misrepresented claims that the full 100 acres would be used solely for open space. And there are other, better locations for a firehouse and call center, they said.

Jessica Mayrer can be reached at jmayrer@dailychronicle.com or 582-2635.

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