Gallatin County Commissioners' Journal April 13, 2004
Time
Speaker
Note
9:04:51 AM
Acting Chairman Murdock
Call to Order, Pledge of Allegiance. Present were Commissioners Mitchell and Murdock, Deputy County Attorney Dinwiddie and Acting Clerk to the Board Mary Miller. Commissioner Murdock announced he would be Acting Chairman and Chairman Vincent would possibly arrive later.
9:05:46 AM
Commissioner Mitchell
Read the consent agenda as follows: 1. Approval of Claims. 2. Approval of Contract(s): Contract with/ES&S for Voting Equipment; Modification to CDBG Revolving Loan with Big Sky Precision to Extend Interest Only Payment Through November 1, 2004; Comfort Inn-Off Site Budget Meeting; Lanette Windemaker, Consultant; Stahly Engineering and Assoc; and Yellowstone National Park to Increase Tipping Fee at WY Transfer Station/Compost Facility. 3. Minutes for Public Meetings March 23 and 30, 2004. 4. Consideration of request for release of financial guaranty for Milligan Minor Subdivision. 5. Consideration of Request for Subdivision Exemption to Create a Tract for a Utility Site for Northwestern Energy. 6. Consideration of Request for Common Boundary Relocation Exemption for Willow Creek Sewer District-Mack/Holmberg. Voucher numbers previously
read onto the record were incorrect. The correct claim numbers are 8028712-8028897.
9:07:51 AM
There was no public comment.
9:07:59 AM
Commissioner Mitchell
Requested that the minutes for the public meetings and the contracts with Lanette Windemaker and Stahly Engineering and Assoc be placed on the regular agenda for further discussion.
9:08:47 AM
Commissioner Mitchell
Motion to approve the consent agenda, as modified.
9:08:51 AM
Acting Chairman Murdock
Second
9:08:55 AM
Motion passed unanimously.
9:09:01 AM
Public comments on any matters within the Commission's jurisdiction.
9:09:22 AM
Public Comment
Anson Crutcher
9:10:02 AM
Acting Chairman Murdock
Lanette Windemaker, Consultant contract
9:10:14 AM
Planning Director Jennifer Madgic
Explanation
9:10:36 AM
Discussion and Questions
9:12:09 AM
Commissioner Mitchell
Satisfied, motioned to approve the contract with Lanette Windemaker on drafting the Bozeman Pass Zoning Regulations with the public.
9:12:19 AM
Acting Chairman Murdock
Second
9:12:23 AM
Motion passed unanimously.
9:12:26 AM
Acting Chairman Murdock
Stahly Engineering and Assoc contract
9:12:36 AM
Grants Administrator Larry Watson
Explanation
9:12:57 AM
Discussion and Questions
9:13:32 AM
Commissioner Mitchell
Satisfied, motioned to approve the contract with Stahly Engineering
9:13:36 AM
Acting Chairman Murdock
Second
9:13:40 AM
Motion passed unanimously.
9:13:41 AM
Commission agreed to defer approval of the March 23 and 30, 2004 public meeting minutes for one week. Announced continuation of regular agenda Item #9, Public Hearing and Consideration of Final Report on CDBG Needs Assessment (no date set) and Item #14, Public Hearing and Consideration of Request for Family Transfer Exemption for Dewey (April 20, 2004).
9:14:47 AM
Acting Chairman Murdock
Consideration of Landscaping Plan for Arkell CUP
9:15:03 AM
Planner Sean O'Callaghan
Staff Report
9:15:54 AM
Discussion
9:17:31 AM
Susan Swimley, Attorney, Nellen & Swimley
Presentation on behalf of the applicant.
9:20:59 AM
Discussion and Questions
9:22:07 AM
Public Comment
Anson Crutcher, submitted landscape plan labeled Exhibit A; and Robert Swanekamp
9:22:58 AM
Chairman Vincent arrived.
9:32:50 AM
Susan Swimley, Attorney, Nellen & Swimley
Rebuttal
9:34:52 AM
Discussion and Questions
9:36:36 AM
Public comment was closed.
9:36:43 AM
Board Discussion
9:44:11 AM
Commissioner Mitchell
Motioned to accept the landscaping plan as submitted by the applicant.
9:44:48 AM
Motion died for lack of a second.
9:45:11 AM
Susan Swimley, Attorney, Nellen & Swimley
Requested the Commission say that the plan that was submitted is not sufficient. Because of the complexity of this issue she suggested this would keep it procedurally clean.
9:45:58 AM
Chairman Vincent
Motioned that the plan as submitted by the applicants does not meet criteria acceptable to the Commission and that we reject that proposal, but fully expect the applicant to come back in light of what's unfolded today with a new plan for the consideration of the Commission.
9:46:24 AM
Acting Chairman Murdock
Second
9:46:28 AM
Discussion
9:46:59 AM
Deputy County Attorney Kate Dinwiddie
Advice
9:47:28 AM
Discussion
9:48:05 AM
Motion passed 2:1. Commissioner Mitchell opposed.
9:48:14 AM
Acting Chairman Murdock
Public Hearing and Consideration of Final Plat Approval for Life-Link Minor Subdivision
9:49:39 AM
Planner Sean O'Callaghan
Staff Report
9:52:34 AM
Discussion and Questions
9:53:16 AM
Dennis Foreman, Surveyor, Gaston Engineering & Surveying
Comments
9:55:28 AM
Public Comment
Robert Eddleman, Attorney, on behalf of client Terri Kurth
10:00:45 AM
Jane Mersen, Attorney, Kasting, Kauffman & Mersen
Comments on behalf of client Life Link International, Inc
10:03:40 AM
Public comment was closed.
10:03:45 AM
Discussion and Questions
10:04:01 AM
Deputy County Attorney Kate Dinwiddie
Advice to Commission and Questions of Mr. O'Callaghan
10:06:27 AM
Commissioner Mitchell
Finding that all the conditions have been met, that could be met for final plat for the Life-Link Minor Subdivision and that it meets the Statutes and the County Growth Policy, I move that we approve the final plat for Life-Link Minor Subdivision.
10:06:54 AM
Chairman Vincent
Second
10:07:04 AM
Motion passed unanimously.
10:07:13 AM
Acting Chairman Murdock
Public Hearing and Consideration of Preliminary Plat Approval for the Wood Minor Subdivision
10:07:28 AM
Planner Sean O'Callaghan
Staff Report, pointed out that the staff suggested action should have also included the determination of whether or not to approve the requested variance. Suggested amending condition #20, as follows: The applicant shall submit the certificate of a licensed title abstractor to the Gallatin County Attorney's Office at least 30 days prior to submitting an application for final plat approval. The County Attorney's Office shall review and approve the certificate of title and covenants, and public road easement documents prior to final plat approval. Covenants shall be submitted to the Planning Department for review and approval at least 30 days prior to submitting an application for final plat approval.
10:12:44 AM
Discussion and Questions
10:13:29 AM
Dennis Foreman, Surveyor, Gaston Engineering
Presentation of behalf of the applicant.
10:13:50 AM
Discussion and Questions
10:14:41 AM
Public Comment
Margery Johnson
10:15:42 AM
County Planner Sean O'Callaghan
Provided criteria for consideration of the variance.
10:16:16 AM
Chairman Vincent
Finding that not allowing this variance would result in a hardship, an undue hardship to the applicant and finding that the variance is reasonable under 13A.1, I move that we grant the variance as requested, the Wood Minor Subdivision.
10:16:43 AM
Commissioner Mitchell
Second, adding that denying this variance would actually deprive the landowner the right to divide their property which is a right enjoyed by the neighbors and that not also granting this variance would actually create a public health and safety problem since they could not adequately access (advice from Deputy County Attorney). This access is the only one that is available to this property and is essential for the public health and safety for access in and out of that property.
10:18:11 AM
Motion passed unanimously.
10:18:13 AM
Chairman Vincent
Having granted the variance, I move that we approve the preliminary plat for the Wood Minor Subdivision, finding that it complies with the Gallatin County Subdivision Regulations and finding that it complies with applicable zoning conditions of District #6, with the conditions and there was one as amended for #20 and that would include that in the final plat there be road access easement language before the granting of final plat approval.
10:19:18 AM
Acting Chairman Murdock
Stated that it was not accurate to state that that language would be in final plat. The way I read the amended approval was that the County Attorney shall review and then add the language "and road access easement language" in what they review.
10:19:43 AM
Commissioner Mitchell
Second
10:19:48 AM
Motion passed unanimously.
10:19:54 AM
Acting Chairman Murdock
Public Hearing and Consideration of Request for Common Boundary Relocation Exemption for Autumn Ridge Co., LLC
10:20:06 AM
Planner Christopher Scott
Staff Report
10:22:05 AM
The applicant's representative Jason Leep declined to speak.
10:22:10 AM
There was no public comment.
10:22:24 AM
Commissioner Mitchell
Motioned to approve the common boundary relocation for the Autumn Ridge Company LLC.
10:22:33 AM
Chairman Vincent
Second
10:22:42 AM
Motion passed unanimously.
10:22:47 AM
Acting Chairman Murdock
Public Hearing and Consideration of Request for Preliminary Plat Approval for the Amended Longhorn Minor Subdivision
10:23:05 AM
Belgrade City-County Planner Jason Karp
Staff Report
10:24:59 AM
Discussion and Questions
10:25:39 AM
There was no public comment.
10:25:57 AM
Commissioner Mitchell
Motion to approve the amended preliminary plat for Longhorn Minor Subdivision, as presented.
10:26:06 AM
Chairman Vincent
Second
10:26:11 AM
Discussion
10:26:31 AM
Motion passed unanimously.
10:26:40 AM
Acting Chairman Murdock
Public Hearing and Consideration of Request for One Year Extension to the Preliminary Plat Approval for Landmark Subdivision
10:26:50 AM
Belgrade City-County Planner Jason Karp
Staff Report
10:28:27 AM
Jason Leep, Developer, PC Development
Presentation
10:29:23 AM
There was no public comment.
10:29:35 AM
Chairman Vincent
Motioned that the Commission grant the one-year extension to preliminary plat approval for the Landmark Subdivision given the request and the documentation presented.
10:29:48 AM
Commissioner Mitchell
Second
10:29:53 AM
Motion passed unanimously.
10:30:06 AM
Acting Chairman Murdock
Public Hearing and Consideration of Request for Final Plat Approval for the Omdahl Minor Subdivision
10:30:16 AM
Belgrade City-County Planner Jason Karp
Staff Report
10:31:25 AM
There was no public comment.
10:31:37 AM
Commissioner Mitchell
Finding that the Omdahl Minor Subdivision has met all the requirements for final plat as testified to by Planning staff, I move approval.
10:31:51 AM
Chairman Vincent
Second
10:31:57 AM
Motion passed unanimously.
10:32:03 AM
Acting Chairman Murdock
Public Hearing and Consideration for Level One Approval for the Dyk Conservation Easement
10:34:01 AM
Mike Harris, Coordinator, Open Lands Board
Presentation
10:38:00 AM
Public Comment
Alex Diekmann, Trust for Public Lands; and Jim Madden, Gallatin Valley Land Trust
10:43:18 AM
Commissioner Mitchell
Finding that the application meets the intent of the Montana Open-Space Land and Voluntary Conservation Easement Act as applied in the Gallatin County Open Space Grant Program and MCA 7-8-2202 requiring an estimate from a certified licensed general real estate appraiser, I move that the Dyk application for a grant from the Gallatin County Open Space Fund is approved on the condition that the proposed conservation easement is reviewed by the proper planning authority, the County Attorney, and compliance with MCA 7-8-2202, and that the application then proceed to Level Two review under the Program application process.
10:43:57 AM
Chairman Vincent
Second
10:44:01 AM
Board discussion
10:46:27 AM
Motion passed unanimously.
10:46:29 AM
Acting Chairman Murdock
Public Hearing and Consideration for Level One Approval for the Veltkamp Conservation Easement
10:46:35 AM
Mike Harris, Coordinator, Open Lands Board
Presentation
10:50:45 AM
Public Comment
Alex Diekmann, Trust for Public Lands
10:54:08 AM
Chairman Vincent
Finding that the application meets the intent of the Montana Open-Space Land and Voluntary Conservation Easement Act as applied in the Gallatin County Open Space Grant Program and MCA 7-8-2202 requiring an estimate from a certified licensed general real estate appraiser, I move that the Veltkamp application for a grant from the Gallatin County Open Space Fund is approved on the condition that the proposed conservation easement is reviewed by the proper planning authority, the County Attorney, and compliance with MCA 7-8-2202, and that the application then proceed to Level Two review under the Program application process.
10:54:54 AM
Commissioner Mitchell
Second
10:54:58 AM
Board discussion
10:56:55 AM
Motion passed unanimously.
10:58:24 AM
Acting Chairman Murdock
Announcement to move on to regular agenda Item #15 Public Hearing and Consideration of Request for Conditional Use Permit Approval for Heritage Christian School and move regular agenda Item #12 Consideration of Resolution of Intent to Amend the Gallatin County FY 2004 Budget by Appropriating $7,500 in Revenues Received from the Montana Arts Council, Pass Through to the Gallatin County Historical Society and #13, Public Hearing and Consideration of a Resolution to Amend the Gallatin County Extension Service FY 2004 Budget to Include Unanticipated Revenues in the Amount of $14,002, further down on the agenda.
10:58:55 AM
Planner Christopher Scott
Staff Report
11:02:55 AM
John Sinrud, JJKG & Associates, Inc
Presentation on behalf of the applicant. Submitted 2 identical packets that contained four letters and several copies of a request for approval signed by parents and supporters of the Heritage Christian School, labeled Exhibit A.
11:08:39 AM
Discussion and Questions
11:26:53 AM
Public Comment
Bruce Bradford; Joby Sabol, Attorney, on behalf of client Heritage Christian Schools; Randy Chamberlin; and Frank Jara
11:33:05 AM
John Sinrud, JJKG & Associates, Inc
Comments
11:33:45 AM
Public comment was closed.
11:33:50 AM
Deputy County Attorney Kate Dinwiddie
Discussion and Questions of Mr. Sabol
11:39:36 AM
Board discussion
11:44:30 AM
Commissioner Mitchell
Motioned to approve a Conditional Use Permit request to accommodate the expansion of the existing Heritage Christian School, finding that the request as proposed by the applicant meets the criteria of Section 53.030A of the Regulations A through E as sited in the staff report and subject to the conditions as provided by staff with the following changes. That condition #3, the Rae Fire Department be substituted with State Fire Marshall and in condition # 4, that we remove "of 215.5 people".
11:45:41 AM
Acting Chairman Murdock
In #3, there is also language that says at the end of that sentence "suggested by the Rae District" your going to strike that I take it
11:45:53 AM
Yes, and actually we would substitute
11:45:59 AM
Acting Chairman Murdock
Second
11:46:41 AM
Board discussion
11:49:25 AM
Commissioner Mitchell
Amended motion to add DEQ and
11:49:32 AM
Acting Chairman Murdock
Amended Second
11:49:37 AM
Board discussion
11:50:43 AM
Motion passed 2:1. Chairman Vincent opposed.
11:51:33 AM
Acting Chairman Murdock
Agenda adjustment moving on to regular agenda Item #16 Public Hearing and Consideration of Final Plat Approval for the Logan Telecommunications, Facility Subdivision Created by Lease
11:51:47 AM
Planning Director Jennifer Madgic
Staff Report
11:52:32 AM
There was no public comment.
11:52:39 AM
Commissioner Mitchell
According to staff that all the conditions have been met for the final plat of the Logan Telecommunications Facility therefore I move that we approve.
11:52:52 AM
Chairman Vincent
Second
11:52:56 AM
Motion passed unanimously.
11:52:57 AM
Acting Chairman Murdock
Public Hearing and Consideration of a Request for a Condition Modification to the Preliminary Plat of the Antelope Ridge Major Subdivision
11:53:01 AM
Planning Director Jennifer Madgic
Staff Report
11:54:48 AM
Matt Faure, Architect, Faure Halvorsen Architects
Presentation
11:56:46 AM
Discussion and Questions
11:59:19 AM
Public Comment
Bryan Connelley, Assistant Chief Belgrade Rural Fire
12:02:02 PM
Matt Faure, Architect, Faure Halvorsen Architects
Comments and Discussion
12:03:31 PM
Acting Chairman Murdock
Suggested a continuance until April 27, 2004
12:04:26 PM
Recess
12:12:52 PM
Acting Chairman Murdock
Reconvene- Consideration of Resolution of Intent to Amend the Gallatin County FY 2004 Budget by Appropriating $7,500 in Revenues Received from the Montana Arts Council, Pass Through to the Gallatin County Historical Society
12:13:21 PM
Presentation- no one available.
12:13:27 PM
Chairman Vincent
This is Resolution #2004-042, as you have already read into the record, it merely is a pass through from the Montana Arts Council to the Gallatin Historical Society of $7,500, it seems to be in order so I move approval.
12:13:51 PM
Acting Chairman Murdock
Second, finding we did not take public comment because Jason Shrauger is the only other human being within earshot in the room and he is here for four other agenda items.
12:14:09 PM
Motion passed unanimously.
12:14:10 PM
Acting Chairman Murdock
Public Hearing and Consideration of a Resolution to Amend the Gallatin County Extension Service FY 2004 Budget to Include Unanticipated Revenues in the Amount of $14,002
12:14:26 PM
Chairman Vincent
This is Resolution #2004-043, resolution to amend Gallatin County Extension Service budget to accommodate unanticipated revenues in amount of $14,002, so therefore this net gain and move we approve.
12:14:43 PM
Acting Chairman Murdock
Second, with the same finding of no public comment
12:14:47 PM
Motion passed unanimously.
12:14:50 PM
Acting Chairman Murdock
Consideration of a Resolution of the Gallatin County Commission Approving the Palmquist Variance Request (Public Hearing Held March 11, 2004)
12:15:35 PM
Again seeing that there is no public to comment on this matter.
12:15:40 PM
Chairman Vincent
I move approval of Resolution #2004-044.
12:15:44 PM
Acting Chairman Murdock
Second
12:15:46 PM
Motion passed unanimously.
12:15:48 PM
Acting Chairman Murdock
Public Hearing and Consideration of a Resolution to Amend the Gallatin County FY 2004 Budget by Appropriating $10,000.00 in Revenues Received from the US Office of Domestic Preparedness Program to the Disaster and Emergency Services Pre Disaster Mitigation Grant
12:16:19 PM
Jason Shrauger, Deputy DES Coordinator
Presentation
12:16:37 PM
There was no public comment.
12:16:42 PM
Chairman Vincent
This is Resolution #2004-045, amending our FY 2004 budget by appropriating $10,000 in revenues received from the US Office of Domestic Preparedness Program to the Disaster and Emergency Services Pre Disaster Mitigation Grant, its new money $10,000, I move approval.
12:17:07 PM
Acting Chairman Murdock
Second
12:17:09 PM
Motion passed unanimously.
12:17:09 PM
Acting Chairman Murdock
Public Hearing and Consideration of a Resolution to Amend the Gallatin County FY 2004 Budget by Appropriating $66,906.83 in Revenues Received from the US Office of Domestic Preparedness Program to the Disaster and Emergency Services DOJ Equipment Grant
12:17:13 PM
Jason Shrauger, Deputy DES Coordinator
Presentation
12:17:37 PM
Seeing no public to comment.
12:17:42 PM
Chairman Vincent
I move approval of Resolution #2004-046.
12:17:48 PM
Acting Chairman Murdock
Second
12:17:51 PM
Motion passed unanimously.
12:17:57 PM
Jason Shrauger, Deputy DES Coordinator
Presentation Continuation on Public Hearing and Consideration of Intent to Amend the Gallatin County FY 2004 Budget by Appropriating $6,195.00 in Revenues Received from the US Office of Domestic Preparedness Program to the Disaster and Emergency Services LEPC Planning Grant
12:18:29 PM
Seeing no public comment.
12:18:32 PM
Chairman Vincent
I move approval of Resolution #2004-047, as read into the record, this is an intent to amend so we will be seeing it one more time.
12:18:43 PM
Acting Chairman Murdock
Second
12:18:45 PM
Motion passed unanimously.
12:18:48 PM
Jason Shrauger, Deputy DES Coordinator
Presentation- Continuation on Public Hearing and Consideration of Intent to Amend the Gallatin County FY 2004 Budget by Appropriating $2,839.53 in Revenues Received from the US Office of Domestic Preparedness Program to the Disaster and Emergency Services LEPC Planning Grant
12:19:17 PM
Seeing there is no public to comment on this one.
12:19:22 PM
Chairman Vincent
This is Resolution #2004-048, as read into the record by Jason Shrauger appropriating $2,839.53 to the Disaster and Emergency Services LEPC, I move to approve.
12:19:46 PM
Acting Chairman Murdock
Second
12:19:48 PM
Motion passed unanimously.
12:19:52 PM
Acting Chairman Murdock
Public Hearing and Consideration of a Resolution of a Road Name Change from an Un-named Road off of Springhill Road to Tylers Trail
12:20:38 PM
GIS Coordinator Allen Armstrong
Presentation
12:21:16 PM
Seeing there is no public to comment.
12:21:21 PM
Chairman Vincent
This is Resolution #2004-049, to change an un-named road to Tylers Trail Road, I move we approve.
12:21:34 PM
Acting Chairman Murdock
Second
12:21:36 PM
Motion passed unanimously.
12:21:37 PM
Acting Chairman Murdock
Public Hearing and Consideration of a Resolution of a Road Name Change from an Un-named Road off of Springhill Road to Mecklenburg Lane
12:21:52 PM
GIS Coordinator Allen Armstrong
Presentation
12:22:08 PM
Seeing there is no public to comment.
12:22:10 PM
Chairman Vincent
This is Resolution #2004-050, changing an un-named road to Mecklenburg Road, I move approval.
12:22:19 PM
Acting Chairman Murdock
Second
12:22:21 PM
Motion passed unanimously.
12:22:23 PM
Acting Chairman Murdock
Public Hearing and Consideration of a Resolution of a Road Name Change from an Un-named Road off of Springhill Road to Blue Sky Trail
12:22:31 PM
GIS Coordinator Allen Armstrong
Presentation
12:22:50 PM
Observing that there is no public to comment.
12:22:54 PM
Chairman Vincent
This is Resolution #2004-051, a road name change from an un-named road to Blue Sky Trail, I move approval.
12:23:02 PM
Acting Chairman Murdock
Second
12:23:03 PM
Motion passed unanimously.
12:23:08 PM
Pending Resolutions- A Road Name Change in Gallatin County Changing from an Existing Road Name Azurite Court to the New Road Name of Elk Valley Road
12:23:27 PM
Clarification that all three pending resolutions were legally noticed in the paper.
12:24:32 PM
GIS Coordinator Allen Armstrong
Presentation
12:25:03 PM
Seeing no public to comment.
12:25:05 PM
Chairman Vincent
This is Resolution #2004-052, changing Azurite Court to Elk Valley Road, I move approval.
12:25:12 PM
Acting Chairman Murdock
Second
12:25:14 PM
Motion passed unanimously.
12:25:15 PM
Acting Chairman Murdock
A Road Name Change in Gallatin County Changing from an Existing Road Name Biotite Road to the New Road Name of Alpine View Circle
12:25:21 PM
GIS Coordinator Allen Armstrong
Presentation
12:25:34 PM
Chairman Vincent
This is Resolution #2004-053, changing Biotite Road to Alpine View Circle, I move approval.
12:25:43 PM
Acting Chairman Murdock
Second
12:25:45 PM
Motion passed unanimously.
12:25:48 PM
Acting Chairman Murdock
A Road Name Change in Gallatin County Changing from an Existing Road Name Agate Way to the New Road Name of Settlers Loop
12:25:56 PM
GIS Coordinator Allen Armstrong
Presentation
12:26:04 PM
Observing no public here to comment.
12:26:06 PM
Chairman Vincent
This is Resolution #2004-054, changing Agate Way to Settlers Loop, I move approval.
12:26:16 PM
Acting Chairman Murdock
Second
12:26:17 PM
Motion passed unanimously.
12:26:22 PM
Meeting adjourned.
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