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October 5, 2004 Commission Minutes
Gallatin County Commissioners' Journal October 5, 2004
 Location Gallatin County Courthouse
 
Time Speaker Note

9:06:36 AM Chairman Vincent Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Vincent, Mitchell and Murdock, County Attorney Lambert, Deputy County Attorney Kate Dinwiddie and Acting Clerk to the Board Kathy Sinnema.
9:07:28 AM Chairman Vincent Agenda adjustments to Regular Agenda: Item #4 Opening of Request for Proposals for the CDBG Planning Grant (Architectural Review of Big Sky Youth Home) will be moved to #3, Item #12 Public Hearing and Consideration of Request for Family Transfer Exemption for Thompson moved to #4, Item #18 Public Hearing and Consideration of Request for Preliminary Plat Approval for Kirkwood Marina Minor Subdivision to #5 and Item #17 Continuation on Determination of Appeal Filed by G.K. Reiser Regarding the Floodplain Administrator's Decision to Issue a Floodplain Development Permit to Northwestern Energy to #6; then continue agenda as listed respectively. There was no public comment on matters within the Commission's jurisdiction.
9:09:08 AM Commissioner Mitchell Read the Consent Agenda as follows: 1. Approval of Claims 2. Approval of County Commission Public Meeting Minutes for September 14 & 21, 2004 3. Approval of Contracts: City of Three Forks Library Service Contract FY 2005, Library Services - City of West Yellowstone, Library Services - City of Manhattan and Holiday Inn CAO Team Building Session
9:09:58 AM Chairman Vincent There was no public comment.
9:10:12 AM Commissioner Mitchell Move to approve the consent agenda.
9:10:15 AM Commissioner Murdock Second
9:10:19 AM   Motion passed unanimously.  
9:10:22 AM Chairman Vincent Board Appointments: Gallatin County Historic Preservation Board. Continue appointment of Gallatin County Historic Preservation Board at later date.
9:10:53 AM Commissioner Murdock Gallatin County Planning Board
9:11:22 AM Chairman Vincent There was no public comment.
9:11:37 AM Commissioner Murdock Comments and I would move that we at least appoint C.B. Dormire today to fill one of the vacancies.
9:12:31 AM Chairman Vincent Second
9:12:41 AM   Motion passed unanimously.
9:12:48 AM Chairman Vincent Commission will take second appointed position under advisement. Opening of Request for Proposals for the CDBG Planning Grant (Architectural Review of Big Sky Youth Home)
9:13:20 AM Grants Administrator Larry Watson  Presentation
9:13:57 AM Chairman Vincent Public Hearing and Consideration of Request for Family Transfer Exemption for Thompson
9:14:23 AM County Planner Warren Vaughan Staff report
9:16:36 AM Chairman Vincent Confirm that applicants, James and Judy Thompson, were aware they would respond to questions on the record before testimony.
9:16:46 AM County Attorney Marty Lambert Oath and questions of applicants.
9:20:33 AM   Commission questions
9:21:17 AM Chairman Vincent There was no public comment.
9:21:28 AM Commissioner Murdock This is what a family transfer exemption is for. I think it's a totally appropriate use, I'm satisfied with the testimony; I move that we approve it.
9:21:37 AM Commissioner Mitchell Second
9:21:44 AM   Motion passed unanimously.
9:21:53 AM Chairman Vincent Public Hearing and Consideration of Request for Preliminary Plat Approval for Kirkwood Marina Minor Subdivision
9:22:10 AM County Planner Christopher Scott Submittal of photographs as Exhibit E, Item #5 and Staff report.
9:29:06 AM   Commission questions
9:30:23 AM Chairman Vincent Receipt of letter from Hazel Newkirk as Exhibit F, Item #5, letter from Jim and Donna Stinnett as Exhibit G, Item #5, letter from Lynn and Lois Woodward as Exhibit H, Item #5, letter from Lorraine Feinauer as Exhibit I, Item #5, letter from Janet E. Green as Exhibit J, Item #5, letter from Robert Gates, President, Kirkwood Ridge Meadows Subdivision Landowners as Exhibit K, Item #5, and letters from Jerrine Micklewright as Exhibits L and M, Item #5,
9:31:30 AM Joe Kmetz, Engineer, Gateway Engineering & Surveying, Inc. Applicant presentation on behalf of clients Kirkwood Ranch Limited Partnership
9:32:33 AM   Commission questions
9:36:28 AM Pam Sveinson, Representative, Kirkwood Ranch Limited Partnership  Applicant presentation
9:40:06 AM Public comment Robert Gates, President, Kirkwood Meadows Subdivision Landowners Association
9:44:44 AM   Commission questions
9:46:43 AM Joe Kmetz, Engineer, Gateway Engineering & Surveying Inc. Applicant response on behalf of clients Kirkwood Ranch Limited Partnership
9:48:13 AM County Attorney Marty Lambert Questions
9:50:00 AM   Discussion and questions including Pam Sveinson, County Planner Randy Johnson and County Planner Christopher Scott
10:06:02 AM County Attorney Marty Lambert Advice
10:06:22 AM Chairman Vincent Continue Public Hearing and Consideration of Request for Preliminary Plat Approval for Kirkwood Marina Minor Subdivision until 10/19/04. Continuation on Determination of Appeal filed by G.K. Reiser Regarding the Floodplain Administrator's Decision to Issue a Floodplain Development Permit to Northwestern Energy
10:08:12 AM   Recess
10:14:00 AM   Reconvene to meeting. Board discussion
10:14:27 AM County Planning Director Jennifer Madgic Staff report and handout of findings from the original conditional use permit.
10:17:10 AM   Commission questions
10:19:21 AM Public comment William Helpan, G.K. Reiser, Michael Dunn, Marcia Youngman, Bozeman City Commissioner, Rona Sanchez, Land & Permitting Department, Northwestern Energy and G.K. Reiser
10:35:06 AM   Board discussion
10:41:08 AM Chairman Vincent Continue the Determination of Appeal filed by G.K. Reiser Regarding the Floodplain Administrator's Decision to Issue a Floodplain Development Permit to Northwestern Energy until 10/12/04.
10:41:34 AM Deputy County Attorney Kate Dinwiddie Advice
10:42:10 AM   Recess
10:53:20 AM Chairman Vincent Reconvene to meeting. Discussion, Consideration and Decision on a Resolution to Create a Board of Park Commissioners as Recommended by the Gallatin County Parks and Trails Task Force
10:53:45 AM Ron Dingman, Chairman, County Parks & Trails Task Force Applicant presentation
10:54:28 AM Chairman Vincent There was no public comment.
10:54:55 AM   Discussion and questions
10:58:24 AM Commission Assistant Christina Thompson Resolution 2004-130, read in its entirety.
11:02:24 AM   Discussion and questions including County Attorney Marty Lambert and Open Lands Board Coordinator Mike Harris.
11:13:48 AM Chairman Vincent There was no public comment.
11:14:04 AM   Board discussion
11:18:18 AM Commissioner Murdock Comments and so I will move that we adopt Resolution 2004-130.
11:20:10 AM Chairman Vincent Second
11:20:13 AM   Board discussion
11:21:21 AM   Motion passed 2:1. Commissioner Mitchell opposed.
11:21:54 AM Chairman Vincent Public Hearing and Consideration of First Reading of Speed Ordinance for a Portion of Thorpe Road. Ordinance 2004-018, read in its entirety. There was no public comment.
11:24:31 AM Commissioner Mitchell I move that we approve Ordinance 2004-018, the speed reduction on the portion of Thorpe Road.
11:24:39 AM Chairman Vincent Second
11:24:41 AM   Motion passed unanimously.
11:24:49 AM Chairman Vincent Public Hearing and Consideration of First Reading of Speed Ordinance for Rainbow Point Road
11:24:58 AM Commissioner Mitchell Ordinance 2004-019, read in its entirety.
11:26:59 AM Chairman Vincent There was no public comment.
11:27:09 AM   Board discussion
11:27:30 AM Commissioner Mitchell I move that we approve the first reading of the speed ordinance reduction for Rainbow Point Road, Ordinance #2004-019.
11:27:39 AM Commissioner Murdock Second
11:27:50 AM   Motion passed unanimously.
11:27:59 AM Chairman Vincent Public Hearing and Consideration of First Reading of Speed Ordinance for Goldenstein Road. Ordinance 2004-020, read in its entirety. There was no public comment.
11:30:09 AM   Board discussion
11:30:21 AM Commissioner Mitchell I move that we approve Ordinance 2004-020 the speed reduction for Goldenstein Road, the first reading.
11:30:29 AM Commissioner Murdock Second
11:30:37 AM   Motion passed unanimously.
11:30:43 AM Chairman Vincent Public Hearing and Consideration of First Reading of Speed Ordinance for Sypes Canyon and Sypes Canyon Subdivision
11:30:57 AM Commissioner Mitchell Ordinance 2004-021, read in its entirety.
11:32:56 AM Chairman Vincent There was no public comment.
11:33:08 AM Commissioner Mitchell I move that we approve Ordinance 2004-021 reducing the speed for a portion of Sypes Canyon and Sypes Canyon Subdivision.
11:33:16 AM Chairman Vincent Second
11:33:20 AM   Motion passed unanimously. Commissioner Murdock was absent.
11:33:48 AM Chairman Vincent Public Hearing and Consideration of First Reading of Speed Ordinance for Riverside Manor Subdivision. Ordinance 2004-022, read in its entirety.
11:36:11 AM Public comment Al Geissler
11:36:49 AM Commissioner Mitchell I move that we approve Ordinance #2004-022 reducing the speeds for the roads in Riverside Manor Subdivision.
11:36:57 AM Commissioner Murdock Second
11:37:07 AM   Motion passed unanimously.
11:37:46 AM Chairman Vincent Public Hearing and Consideration of First Reading of Speed Ordinance for Mount Ellis Lane
11:37:56 AM Commissioner Mitchell Ordinance 2004-023, read in its entirety.
11:39:12 AM Chairman Vincent There was no public comment.
11:39:25 AM Commissioner Mitchell I move that we approve the first reading of the Ordinance #2004-023 for Mount Ellis Lane.
11:39:32 AM Commissioner Murdock Second
11:39:39 AM   Motion passed unanimously.
11:40:02 AM Chairman Vincent Public Hearing and Consideration of First Reading of Speed Ordinance for a Portion of Nixon Gulch Road. Ordinance 2004-024, read in its entirety.
11:41:43 AM Chairman Vincent There was no public comment.
11:41:58 AM Commissioner Mitchell I move that we approve Ordinance #2004-024 reducing the speed limit for a portion of Nixon Gulch Road, and the first reading.
11:42:10 AM Commissioner Murdock Second
11:42:22 AM   Motion passed unanimously.  
11:42:28 AM Chairman Vincent Agenda adjustment: #19 moved to #15 Public Hearing and Consideration of Approval of the Request for a Reduction of Road Impact Fees for the Spanish Peaks Resort Phase 1 Major Subdivision
11:43:06 AM County Planner Randy Johnson Staff report
11:45:30 AM   Discussion and questions including County Planning Director Jennifer Madgic
11:48:05 AM Bob Lee, Land Use Planner, Morrison-Maierle, Inc. Applicant presentation on behalf of clients Spanish Peaks Holdings, LLC
11:51:03 AM   Commission questions
11:51:38 AM Public comment Frank Silva
11:52:23 AM   Board discussion
11:55:55 AM County Attorney Marty Lambert Advice
11:56:04 AM   Board discussion
11:56:58 AM Commissioner Murdock I move that we approve the request for a reduction of road impact fees for the Spanish Peaks Resort Phase 1 Major Subdivision as outlined in Randy Johnson's staff report.
11:57:17 AM Chairman Vincent Second
11:57:20 AM   Discussion and questions including County Road & Bridge Department George Durkin
12:00:07 PM Commissioner Murdock Withdraw motion
12:00:19 PM County Road & Bridge Department George Durkin Comments
12:00:30 PM   Board discussion
12:01:08 PM Chairman Vincent Withdraw second
12:01:22 PM Peter Forsch, President, Spanish Peaks Development Comments
12:02:07 PM   Discussion and questions
12:07:00 PM Chairman Vincent Continue Public Hearing and Consideration of Approval of the Request for a Reduction of Road Impact Fees for the Spanish Peaks Resort Phase 1 Major Subdivision in about three weeks. Public Hearing and Consideration/Decision of a Final Improvements Agreement for Phase 4 of the Elk Grove PUD Major Subdivision
12:07:47 PM County Planner Sean O'Callaghan Handout and Staff Report
12:10:23 PM   Commission questions
12:12:11 PM Justin Buchanan, Developer, Elk Grove Development Co. Applicant presentation and handout
12:16:44 PM   Discussion and questions
12:20:10 PM Public comment Frank Silva and Robert Farrington
12:27:35 PM Justin Buchanan, Developer, Elk Grove Development Co. Applicant response to testimony
12:28:42 PM County Attorney Marty Lambert Comments
12:29:58 PM   Discussion and questions including County Planner Sean O'Callaghan and County Road & Bridge Department George Durkin
12:33:04 PM Susan Swimley, Attorney, Nellen & Swimley Withdraw request for final release of improvements agreement for Phase 2 of Elk Grove PUD Major Subdivision and resubmit it at later time on behalf of clients Elk Grove Development Co.
12:33:36 PM   Board discussion
12:33:46 PM Chairman Vincent Public Hearing and Consideration/Decision of Final Plat Approval for Phase 3 of the Elk Grove PUD
12:34:15 PM County Planner Sean O'Callaghan Comments
12:34:55 PM   Discussion and questions including Susan Swimley, Attorney, Nellen & Swimley on behalf of clients Elk Grove Development Co. without the microphone.
12:35:29 PM Chairman Vincent Continue Public Hearing and Consideration/Decision of Final Plat Approval for Phase 3 of the Elk Grove PUD. Public Hearing and Consideration/Decision of a Final Improvements Agreement for Phase 4 of the Elk Grove PUD Major Subdivision
12:35:45 PM County Planner Sean O'Callaghan Comments and Staff report
12:37:13 PM County Attorney Marty Lambert Comments
12:37:41 PM County Planner Sean O'Callaghan Continue Staff report
12:37:54 PM   Board discussion
12:38:18 PM Susan Swimley, Attorney, Nellen & Swimley Applicant presentation on behalf of clients Elk Grove Development Co.
12:39:03 PM Public comment Frank Silva
12:39:52 PM Commissioner Mitchell I move that we approve the improvements agreement for Phase 4 of Elk Grove Planned Unit Development.
12:40:01 PM Commissioner Murdock Second
12:40:04 PM   Board discussion
12:40:18 PM   Motion passed unanimously.
12:40:22 PM Chairman Vincent Public Hearing and Consideration/Decision of Final Plat Approval for Phase 4 of the Elk Grove PUD Major Subdivision
12:40:35 PM County Planner Sean O'Callaghan Comments
12:40:56 PM Chairman Vincent Continuation of Public Hearing and Consideration/Decision of Final Plat Approval for Phase 4 of the Elk Grove PUD Major Subdivision. There were no Pending Resolutions or public comment on matters within the Commission's jurisdiction.
12:41:17 PM   Meeting adjourned


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