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September 2, 2003 Commission Minutes
Description Gallatin County Commissioners' Journal
September 2, 2003
Location Gallatin County Courthouse
  
Time Speaker Note
9:01:11 AM Chairman Vincent Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Vincent, Mitchell and Murdock, County Attorney Lambert and Acting Clerk to the Board Kathy Sinnema.
9:02:28 AM Commissioner Mitchell Read the Consent Agenda as follows: 1. Approval of claims. 2. Approval of 6 Contracts: Airport Interchange Amendment to Transportation Services Contract-Grants, Treasurer State Endowment Program for Bridge Repair Funding, J&H Office Equipment Mtn. Agreement-Rest Home, Admin. Agreement between Gallatin County and Allegiance-Human Resources, Addendum to Duncan F. Kippen-Community Room Mural, and Eden Systems-Support for Bi-Weekly Payroll/HR
9:03:35 AM Chairman Vincent There was no public comment.
9:04:14 AM Commissioner Murdock Motion to approve the Consent Agenda.
9:04:16 AM Commissioner Mitchell Second
9:04:17 AM   Motion passed unanimously.
9:04:22 AM Chairman Vincent Receipt of Auditor's Quarterly Report April-June 2003
9:04:33 AM County Auditor Jennifer Blossom Presentation
9:08:38 AM   Questions from the Commission.
9:14:09 AM Commissioner Mitchell Motion to accept County Auditor's Quarterly Report of examination books of the county offices as presented.
9:14:18 AM Commissioner Murdock Second
9:14:53 AM   Motion passed unanimously.
9:15:58 AM Chairman Vincent Public Hearing and Consideration of Request for Final Plat Approval for River Rock North Phases 1 and 2
9:16:10 AM County Planner Victoria Drummond, for Christopher Scott Staff Report  
9:18:05 AM Jason Leep, Developer, PC Development Applicant presentation
9:19:28 AM Commissioner Murdock Motion to grant final plat approval to the River Rock North Subdivision Phases 1 & 2.
9:19:43 AM Commissioner Mitchell Second
9:19:54 AM   Motion passed unanimously.
9:20:02 AM Chairman Vincent Consideration of Resolution for Variance for Cappetta in the Gallatin Canyon/Big Sky Zoning District
9:20:23 AM County Planner Sean O'Callaghan Staff Report
9:21:10 AM Chairman Vincent There was no public comment.
9:21:33 AM Commissioner Mitchell Motion to approve Resolution #2003-100 approving the Cappetta Variance as heard by the Planning and Zoning Commission.
9:21:47 AM Commissioner Murdock Second
9:21:54 AM   Motion passed unanimously.
9:21:59 AM Chairman Vincent Consideration of Resolution for Variance for Spanish Peaks North, LLC in the Gallatin Canyon/Big Sky Zoning District
9:22:17 AM County Planner Sean O'Callaghan Staff Report
9:22:46 AM Chairman Vincent There was no public comment.
9:22:53 AM Commissioner Mitchell Motion to approve Resolution #2003-101 approving the Spanish Peaks North, LLC Variance as heard by the Planning and Zoning Commission.  
9:23:03 AM Commissioner Murdock Second
9:23:12 AM   Motion passed unanimously.
9:23:43 AM Chairman Vincent Continuation on Public Hearing and Consideration of Final Release of Financial Security for Improvements Agreement for Phase 1 of Elk Grove PUD
9:25:06 AM County Planner Sean O'Callaghan Staff Report and submitted Exhibits R5A & R5B
9:26:47 AM Susan Swimley, Attorney, Nellen & Swimley Presentation on behalf of the applicant, Elk Grove Development Co.
9:28:57 AM Public Comment Frank Silva, Scott Evans, Tim Tipton, Mike Ferrara, Keith Baumgard, Tom Lobben, Gordon Mabie
9:38:57 AM   Board discussion
9:39:10 AM Commissioner Murdock Motion to grant final release of financial security, finding that all the Improvement Agreements are in for Phase 1.
9:39:34 AM Commissioner Mitchell Second
9:39:42 AM   Board discussion
9:40:23 AM   Motion passed unanimously.
9:40:40 AM Chairman Vincent Continuation on Public Hearing and Consideration of Improvements Agreement for Phase II of Elk Grove PUD
9:41:19 AM County Planner Sean O'Callaghan Staff Report
9:42:29 AM Susan Swimley, Attorney, Nellen & Swimley Presentation on behalf of the applicant, Elk Grove Development Co.
9:44:09 AM Justin Buchanan, Developer, Elk Grove Development Co. Summarized current status of development.
9:47:32 AM Public Comment Frank Silva, Scott Evans, Tim Tipton, Mike Ferrara, Keith Baumgard, Tom Lobben, Gordon Mabie, Frank Culver; submit Exhibit R6A and R6B
10:05:25 AM Susan Swimley Applicant rebuttal
10:10:45 AM   Board discussion with Susan Swimley regarding MDOT and traffic.
10:12:02 AM Commissioner Murdock Motion to approve the Improvements Agreement for Phase II of Elk Gove PUD.
10:12:09 AM Commissioner Mitchell No Second, Board Discussion
10:13:34 AM Commissioner Murdock Withdraw motion
10:13:42 AM Chairman Vincent Request further update on parks plan. Recess
10:32:33 AM   Reconvene to meeting.
10:32:46 AM County Planner Sean O'Callaghan Findings on applicant's specific park improvements plan.
10:33:33 AM Justin Buchanan, Developer, Elk Grove Development Co. Comments on the goal and focus of parks.
10:42:44 AM Commissioner Murdock Reinstate Motion to approve the Improvements Agreement for Phase II.
10:42:56 AM Commissioner Mitchell Second, with discussion
10:44:26 AM   Motion passed unanimously.
10:44:33 AM Chairman Vincent
Continuation on Public Hearing and Consideration of Final Plat Approval for Phase II of Elk Grove PUD
10:45:04 AM County Planner Sean O'Callaghan Staff Report
10:46:38 AM Susan Swimley, Attorney, Nellen & Swimley Presentation on behalf of the applicant, Elk Grove Development, Co. and submitted Exhibit R7A
10:49:01 AM Public Comment Frank Silva and submit Exhibit R7C, George Metcalfe, Tony Kolnik, Frank Culver, Tim Tipton, Geroge Metcalfe
11:20:03 AM Justin Buchanan, Developer, Elk Grove Development Co. Applicant response to water rights on pond and wastewater treatment center.
11:24:30 AM Matt Williams, Attorney, Nellen & Swimley  Representing Elk Grove Development, Co. and Justin Buchanan, Developer.
Discussion with commission on wastewater and water rights.
11:34:44 AM Susan Swimley, Attorney, Nellen & Swimley Submit Exhibit R7D regarding condition #3 and statement on condition #51.
11:36:39 AM County Attorney Marty Lambert Verify law for Commissioner Mitchell.
11:40:23 AM Environmental Health Services Director, Tim Roark Comments on Exhibit R7D.
11:45:15 AM Environmental Health Services Director, Tim Roark and Matt Williams, Attorney, Nellen & Swimley Discussion with commission verifying water quality laws.
11:49:34 AM Susan Swimley, Attorney, Nellen & Swimley Discussion with commission on meetings at Four Corners on new disposal sites.
11:51:26 AM County Attorney Marty Lambert Advice to Commissioners
11:52:38 AM  Board Discussion
11:54:58 AM Commissioner Murdock Motion approve final plat for Phase II of the Elk Grove Subdivision PUD with testimony received that the conditions have been met.
11:55:17 AM Commissioner Mitchell Second
11:55:29 AM   Board discussion
11:56:37 AM   Motion passed unanimously.
11:56:44 AM Chairman Vincent
Public Hearing and Consideration of Request for Preliminary Plat Approval for Heinle Minor Subdivision
11:57:01 AM County Planner Victoria Drummond Staff Report
11:59:03 AM   Commission questions
12:01:39 PM Lewis Burton, Surveyor, Gateway Engineering and Surveying Presentation on behalf of the applicants, the Heinles.
12:05:48 PM County Planning Director Jennifer Madgic and County Road & Bridge Dept. George Durkin Discussion on reimbursement for paving road.
12:08:42 PM County Planner Victoria Drummond Additional condition #24 as follows: Subdivider shall pay a proportionate reimbursement for the paving of Theisen Road in accordance with the Gallatin County Subdivision Regulations.
12:09:21 PM Lewis Burton, Surveyor, Gateway Engineering and Surveying Accepts new condition #24.
12:09:35 PM Commissioner Murdock Finding that the Heinle Minor Subdivision comports with the county growth policy and Gallatin County subdivision regulations, motion to approve it with the conditions as presented by staff with the new condition #24 added.
12:10:01 PM Commissioner Mitchell Second
12:10:05 PM   Motion passed unanimously.
12:10:17 PM Chairman Vincent There were no Pending Resolutions. Public Comment
12:10:43 PM Sonja Berg Subject: Receiving public comment
12:14:19 PM Frank Culver Subject: Further concerns on Elk Grove and future covenant.
12:17:08 PM
 Board discussion
12:18:04 PM
 Meeting adjourned


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