Gallatin County Commissioners' Journal September 14, 2004
Date
09/14/2004
Location
Gallatin County Courthouse
Time
Speaker
Note
9:02:21 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.
9:03:16 AM
Chairman Vincent
Announced agenda adjustments: Regular Agenda Item #7 Continuation on Public Hearing and Consideration/Decision of Request for a Variance and Modification of a Condition of Approval for the NorthWestern Energy Conditional Use Permit has been withdrawn and the order will be reversed of Items #3 Continuation on Auditor's Quarterly Report April - June 2004 and Item #4 Approval of Contract Awarding for the Detention Center Remodel. There was no public comment on matters within the Commission's jurisdiction.
9:04:18 AM
Commissioner Murdock
Read the Consent Agenda as follows: 1. Approval of Claims 2. Approval of Application for Cancellation of Taxes: Parcel #s RHF28561 (12); Totaling $1,935.27 3. Approval of Contracts: Pro-Scan/ITS Management System, Terrell's Office Machines, Inc. - Copier Maintenance Agreement/Commission Copier, Morrison-Maierle, Inc. - Gallatin County RID Paving and Maintenance Program 2004-05 Maintenance Crack Sealing Program and Legal Services Agreement with Christopher Gray
9:05:47 AM
Commissioner Mitchell
Request Contract for Legal Services Agreement with Christopher Gray be placed on Regular Agenda. Adjusted to agenda item #15.
9:07:06 AM
Commissioner Murdock
I will move to approve it as amended (the consent agenda).
9:07:09 AM
Commissioner Mitchell
Second
9:07:15 AM
Motion passed unanimously.
9:07:20 AM
Chairman Vincent
There was no Public Comment. Board appointment: Search and Rescue. There was no public comment.
9:08:07 AM
Commissioner Mitchell
I would move that we reappoint Scott Gill to the Search and Rescue Board.
9:08:13 AM
Board discussion
9:08:52 AM
Commissioner Murdock
Second
9:08:59 AM
Motion passed unanimously.
9:09:06 AM
Chairman Vincent
Adjusted agenda item Approval of Contract Awarding for the Detention Center Remodel
9:09:22 AM
County Administrative Officer Randy Kuyath
Presentation
9:10:41 AM
Chairman Vincent
There was no public comment.
9:10:53 AM
Commissioner Murdock
On the advice of our staff, I move that we award the remodel contract for the jail to Ingram Clevenger in the amount of $451,100.
9:11:09 AM
Commissioner Mitchell
Second
9:11:19 AM
Motion passed unanimously.
9:11:25 AM
Chairman Vincent
Adjusted agenda item Continuation on Auditor's Quarterly Report April - June 2004
9:11:33 AM
Auditor Jennifer Blossom
Presentation
9:14:02 AM
Commission questions
9:14:46 AM
Chairman Vincent
There was no public comment.
9:14:54 AM
Auditor Jennifer Blossom
Comment
9:15:03 AM
Commissioner Mitchell
I move that we accept the quarterly report of the County Auditor for the quarter ending June 30th, 2004.
9:15:12 AM
Commissioner Murdock
Second
9:15:19 AM
Motion passed unanimously.
9:15:24 AM
Chairman Vincent
Public Hearing to Consider Petition to Annex Property into the Belgrade Rural Fire District
9:15:39 AM
Clerk & Recorder Shelley Vance
Presentation
9:16:53 AM
Commission questions
9:17:42 AM
Public comment
Bryan Connelley, Assistant Fire Chief/ Deputy Fire Marshal, Belgrade Rural Fire District
9:19:22 AM
Commissioner Murdock
Finding that we've received no protests and we are directed to add this in I would move that we add the property, as described in the public notice read to us by Shelley, into the Belgrade Rural Fire District and direct her to prepare a resolution.
9:19:43 AM
Commissioner Mitchell
Second
9:19:57 AM
Motion passed unanimously.
9:20:02 AM
Chairman Vincent
Public Hearing to Consider Petition to Annex Property into the Gallatin Canyon Consolidated Rural Fire District
9:20:06 AM
Clerk & Recorder Shelley Vance
Presentation
9:21:46 AM
Commission questions
9:22:27 AM
Chairman Vincent
There was no public comment.
9:22:49 AM
Commissioner Mitchell
I move that we accept the annexation of this property into the Gallatin Canyon Consolidated Rural Fire District finding there is no protest received and that we direct the Clerk and Recorder to draft up the appropriate resolution
9:23:05 AM
Commissioner Murdock
Second
9:23:08 AM
Board discussion
9:23:14 AM
Motion passed unanimously.
9:23:21 AM
Chairman Vincent
Bid Opening for Construction of Missouri Headwaters Legacy Trail CTEP Project
9:23:46 AM
Grants Administrator Larry Watson
Presentation and six proposals received from Trapper Peak Construction, Gallatin Asphalt, Prouse Construction, Inc., JTL Group, Inc., Belgrade, Big Sky Asphalt, Inc. and Hall Construction Services.
9:31:02 AM
Discussion and questions
9:31:51 AM
Chairman Vincent
Continue award of bid in two to three weeks. There was no public comment. Public Hearing and Consideration of a Request for a Reduction of Road Impact Fees for the Spanish Peaks Resort Phase 1 Major Subdivision
9:33:35 AM
County Planner Randy Johnson
Staff report
9:36:25 AM
Commission questions
9:38:16 AM
Bob Lee, Land Use Planner, Morrison-Maierle, Inc.
Applicant presentation on behalf of clients Spanish Peaks Holdings
9:40:15 AM
Discussion and questions including County Attorney Marty Lambert
9:41:16 AM
Chairman Vincent
There was no public comment.
9:41:36 AM
Discussion and questions
9:45:08 AM
County Attorney Marty Lambert
Advice
9:45:55 AM
Board discussion
9:48:50 AM
Commissioner Murdock
Comments and I move that we approve the reduction, they followed the rules, they found the loophole, they're doing it and we've granted it consistently with others. I don't think we have a legally defensible way to do otherwise according to our County Attorney, so I move that we accept the reduction as presented.
9:49:25 AM
Board discussion
9:49:50 AM
Chairman Vincent
Second
9:49:52 AM
Board discussion
9:50:11 AM
County Attorney Marty Lambert
Advice
9:51:47 AM
Board discussion
9:52:57 AM
Motion failed 1:2. Chairman Vincent & Commissioner Mitchell opposed.
9:53:02 AM
Board discussion
9:53:34 AM
Recess
10:02:34 AM
Chairman Vincent
Reconvene to meeting. Agenda adjustment: #11 Public Hearing and Consideration of Request for Final Plat Approval for Bangtail Ranch Minor Subdivision will be next on the agenda then #14 Public Hearing and Consideration of Final Plat Approval for the Wendertoth Minor Subdivision and followed by #10 Continuation on a Public Hearing and Consideration of Request for Preliminary Plat Approval for the Rockin 'S7 Minor Subdivision. Public Hearing and Consideration of Request for Final Plat Approval for Bangtail Ranch Minor Subdivision
10:04:01 AM
County Planner Christopher Scott
Staff report
10:05:14 AM
Commission questions
10:05:53 AM
Commissioner Murdock
Finding that the conditions of final plat approval have been met for the Coats Minor Subdivision, which I believe is called Bangtail Ranch; I move that we approve it.
10:06:05 AM
Commissioner Mitchell
Second
10:06:15 AM
Motion passed unanimously.
10:06:22 AM
Chairman Vincent
Adjusted agenda item Public Hearing and Consideration of Final Plat Approval for the Wendertoth Minor Subdivision
10:06:36 AM
County Planner Sean O'Callaghan
Staff report
10:07:38 AM
Commissioner Mitchell
I move that we approve final plat for the Wendertoth Minor Subdivision finding that according to staff the applicant has met all the conditions as required by state statute and Gallatin County Subdivision Regs.
10:07:52 AM
Commissioner Murdock
Second
10:08:00 AM
Motion passed unanimously.
10:08:08 AM
Chairman Vincent
Continuation on a Public Hearing and Consideration of Request for Preliminary Plat Approval for the Rockin' S7 Minor Subdivision
10:08:28 AM
County Planner Randy Johnson
Staff report
10:15:44 AM
Discussion and questions including Ron Carlstrom, Agricultural Agent, Gallatin County Extension Service, County Attorney Marty Lambert and County Planner Randy Johnson
10:30:52 AM
Joby Sabol, Attorney
Applicant presentation on behalf of clients Sagehorn Capital Management, LLC
10:38:25 AM
Discussion and questions including County Attorney Marty Lambert and County Planner Randy Johnson
10:45:31 AM
Public comment
Wally Brownell
10:46:35 AM
Joby Sabol, Attorney
Applicant response on behalf of clients Sagehorn Capital Management, LLC
10:47:46 AM
County Road & Bridge Superintendent Lee Provance
Comments and request rewording of Condition #18 on page 11 of staff report.
10:49:20 AM
Board discussion
10:51:30 AM
Public comment
Bryan Connelley, Assistant Fire Chief/ Deputy Fire Marshal, Belgrade Rural Fire District
10:52:53 AM
Joby Sabol, Attorney
Applicant response on behalf of clients Sagehorn Capital Management, LLC
10:53:07 AM
Board discussion
11:01:47 AM
Commissioner Murdock
I will move that we approve the subdivision subject to all the conditions as presented by staff with an amendment to #18 which should read, "All existing structures spanning Dry Creek and Horse Creek shall be improved to county standards."
11:02:09 AM
Chairman Vincent
Second
11:02:11 AM
Board discussion
11:03:39 AM
Motion failed 1:2. Chairman Vincent and Commissioner Mitchell opposed.
11:03:45 AM
Recess
11:15:21 AM
Chairman Vincent
Reconvene to meeting. Public Hearing and Consideration of Request for Preliminary Plat Approval for the Amended Plat of Lot 5 Middle Creek Meadows Subdivision No. 1 (Rosengren Minor Subdivision)
11:15:34 AM
County Planner Paul Bussi
Staff report
11:26:42 AM
Commission questions
11:28:43 AM
Mark Chandler, Surveyor, C&H Engineering and Surveying
Applicant presentation on behalf of clients Mike Rosengren and Connie Kirkland with submittal of map Exhibit F, Item #13.
11:32:53 AM
Commission questions
11:34:02 AM
Public comment
Karen Thornburg with submittal of map Exhibit G, Item #13 and letter from Arrowhead Surveying P.C. Exhibit H, Item #13.
11:47:55 AM
Discussion and questions
11:50:29 AM
Public comment
Lawrence Walker with submittal of covenants Exhibit I, Item #13 and photos Exhibit J, Item #13
11:55:30 AM
Mark Chandler, Surveyor, C&H Engineering and Surveying
Applicant response on behalf of clients Mike Rosengren and Connie Kirkland
11:56:49 AM
Discussion and questions
12:05:06 PM
Commissioner Murdock
I move that we grant a variance to the second access.
12:05:18 PM
Commissioner Mitchell
Second
12:05:20 PM
Board discussion
12:06:25 PM
Motion failed 1:2. Chairman Vincent and Commissioner Murdock opposed.
12:06:45 PM
Commissioner Murdock
I would move that we approve the right-of-way width variance.
12:06:49 PM
Commissioner Mitchell
Second
12:06:53 PM
Board discussion
12:07:10 PM
Motion failed 0:3. All commissioners opposed.
12:07:16 PM
Commissioner Murdock
I move that we grant the variance for paving and street width standards.
12:07:27 PM
Board discussion
12:08:00 PM
Commissioner Mitchell
Second
12:08:02 PM
Board discussion
12:09:29 PM
Motion failed 1:2. Chairman Vincent and Commissioner Murdock opposed.
12:09:38 PM
Commissioner Murdock
I move to approve the cul-de-sac length of approximately 1,700 feet from the point Big Chief Trail passes Arrowhead Trail.
12:09:50 PM
Chairman Vincent
Second
12:09:53 PM
Board discussion
12:10:01 PM
Motion failed 0:3. All commissioners opposed.
12:10:10 PM
Board discussion
12:10:27 PM
Commissioner Murdock
I will now move, based on compliance with subdivision regulations and growth policy, I would move to approve the subdivision with all the conditions presented by staff except for those that apply to the variances which we didn't grant.
12:10:43 PM
County Planner Paul Bussi
Comments
12:11:11 PM
Commissioner Murdock
Amended motion: I move to approve it (Lot 5 of Middle Creek Meadows Subdivision No. 1) subject to all the standard county subdivision regulations and conditions, I hope they're in here, that would require that the road standards, etc. be met including conditions 16-18.
12:11:27 PM
Commissioner Mitchell
Second
12:12:00 PM
Motion passed unanimously.
12:12:12 PM
Chairman Vincent
Public Hearing and Consideration of Request for Preliminary Plat Approval for the Amended Plat of Tract 28 of Ross Creek Subdivision (Gouzene Minor Subdivision)
12:12:37 PM
County Planner Paul Bussi
Staff report with typo correction to very first line on page 3: instead of Resengren Subsequent it should be 'Gouzene Subsequent Minor Subdivision.'
12:17:38 PM
Commission questions
12:18:51 PM
Jonathan Roan, Land Surveyor & Engineer, Morrison-Maierle, Inc.
Applicant presentation on behalf of clients Alfred W. & Elizabeth Ann Gouzene and the Gouzene Family Trust
12:21:53 PM
Discussion and questions
12:24:09 PM
County Road & Bridge Superintendent Lee Provance
Comments
12:24:46 PM
Board discussion
12:25:44 PM
Public comment
Lee Provance
12:29:00 PM
Board discussion
12:30:30 PM
Commissioner Mitchell
I move that we approve the preliminary plat for the Gouzene Subsequent Minor Subdivision amended plat of lot 28 of Ross Creek Subdivision finding that it complies with the growth and policies of Gallatin County Growth Policy and it meets the requirements of Section 76-3-608 MCA of the Montana Subdivision Platting Act and that it complies with provisions of the Gallatin County Subdivision Regulations and as long as it meets all the following conditions 1-15 as provided by staff in their report.
12:31:09 PM
Commissioner Murdock
Second
12:31:17 PM
Motion passed unanimously.
12:31:20 PM
Chairman Vincent
Adjusted agenda item Contract for Legal Services Agreement with Christopher Gray
12:31:29 PM
Discussion and questions including County Attorney Marty Lambert
12:40:11 PM
Chairman Vincent
There was no public comment.
12:40:25 PM
Commissioner Murdock
I move that we approve the contract with Chris Gray as prepared and approved and reviewed by County Attorney Lambert.
12:40:33 PM
Commissioner Mitchell
Second
12:40:35 PM
Board discussion
12:40:48 PM
Motion passed 2:1. Commissioner Mitchell opposed.
12:40:52 PM
Chairman Vincent
There were no Pending Resolutions.
12:40:54 PM
Meeting adjourned
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