Description
Gallatin County Commissioners' Journal No. October 12, 2004
Date
10/12/2004
Location
County Commission
Time
Speaker
Note
9:02:44 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 Mary Miller.
9:03:34 AM
Chairman Vincent
There was no public comment on matters within the Commissioner's jurisdiction. Agenda adjustment: Move regular agenda item #8, Public Hearing and Consideration/Decision of Request for Preliminary Plat Approval for the Broken 7 Subdivision up to item #5.
9:04:37 AM
Commissioner Murdock
Read the consent agenda as follows: 1. Approval of Claims 2. Consideration of Approval of a Request for a Second One-Year Extension of the Preliminary Plat Approval for the Gallatin Peaks Town Center Phase 2 Major Subdivision 3. Consideration of Request for Boundary Relocation Exemption for Shaw/Kirkwood 4. Approval of Contract(s): MCH-Maternal Child Health (Miami) and LSC-Transportation Consultants
9:05:40 AM
There was no public comment.
9:05:52 AM
Commissioner Murdock
Move to approve the consent agenda, as read.
9:05:54 AM
Commissioner Mitchell
Second
9:06:00 AM
Motion passed unanimously.
9:06:01 AM
Chairman Vincent
Presentation and Acceptance of County Treasurer's Quarterly Report-Fourth Quarter FY 2004
9:06:17 AM
County Treasurer Anna Rosenberry
Presentation
9:07:26 AM
Discussion and Questions
9:09:03 AM
There was no public comment.
9:09:14 AM
Commissioner Murdock
I move to accept the Treasurer's report as reported.
9:09:19 AM
Commissioner Mitchell
Second
9:09:36 AM
Motion passed unanimously.
9:09:38 AM
Chairman Vincent
Public Hearing and Consideration/Decision of Request for Family Transfer Exemption for Jahner
9:09:53 AM
County Planner Warren Vaughan
Staff report
9:11:48 AM
Spencer J. Jahner, applicant
Sworn in by County Attorney Marty Lambert and testified under oath.
9:16:09 AM
Discussion and Questions
9:19:26 AM
There was no public comment.
9:19:52 AM
Commissioner Murdock
I am going to move to approve this family transfer exemption, because I believe under oath the gentleman has testified properly and I am not going to second guess him or question his intentions, so I think it's a proper use of the exemption.
9:20:12 AM
Commissioner Mitchell
Second
9:20:14 AM
Board discussion
9:21:25 AM
Motion passed unanimously.
9:21:28 AM
Chairman Vincent
Public Hearing and Consideration/Decision of Request for Family Transfer Exemption for Guhin
9:21:44 AM
County Planner Warren Vaughan
Staff report
9:23:53 AM
Darlene Guhin
Sworn in by County Attorney Marty Lambert and testified under oath.
9:26:37 AM
Discussion and Questions
9:29:39 AM
There was no public comment.
9:29:54 AM
Commissioner Murdock
I believe that this a proper use of the family transfer exemption based on all the information submitted, so I move that we approve it.
9:30:03 AM
Commissioner Mitchell
Second
9:30:14 AM
Motion passed unanimously.
9:30:20 AM
Chairman Vincent
Public Hearing and Consideration/Decision of Request for Preliminary Plat Approval for the Broken 7 Subdivision
9:31:17 AM
Bryan Connelley, Assist. Chief Belgrade RFD, on behalf of Belgrade City-County Planner Jason Karp
Staff report
9:33:43 AM
Discussion and Questions
9:35:10 AM
Bill Dreyer, C & H Engineering and Surveying, Inc.
Presentation on behalf of applicant Daniel Fuchs.
9:39:09 AM
Discussion and Questions including John Sinrud also representing the applicant Daniel Fuchs.
9:46:18 AM
Public comment
John Sinrud, Susan Swimley, Attorney, Nellen & Swimley
9:47:55 AM
Discussion and Questions
9:49:02 AM
Bill Dreyer, C & H Engineering and Surveying, Inc.
Comments
9:49:36 AM
Board discussion
9:50:29 AM
Commissioner Murdock
Suggested adding the following language to the conditions: These funds shall be used for the express purpose of improvements and maintenance for the parklands in Old Place and Davis Subdivisions.
9:51:06 AM
Discussion and Questions including John Sinrud
9:53:50 AM
County Planning Director Jennifer Madgic
Comments and Advice
9:54:39 AM
Board discussion
9:56:34 AM
Commissioner Murdock
I will move that we approve the Broken 7 Subdivision, 17 lot subdivision with all the conditions as written by staff and I'll enter findings later.
9:56:59 AM
Commissioner Mitchell
Second
9:57:04 AM
Commissioner Murdock
I would add findings that this comports with the Gallatin County Subdivision Regulations and the Belgrade Area Master Plan.
9:57:16 AM
Board discussion
9:59:29 AM
Motion passed unanimously.
9:59:38 AM
Chairman Vincent
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
10:00:01 AM
County Planning Director Jennifer Madgic
Staff report, submitted letter from Rona Sanchez on behalf of Northwestern Energy labeled Exhibit A, Item 5, and the Joint application for proposed work in Montana's streams, wetlands, floodplains and other water bodies labeled Exhibit B, Item 5. Commissioner Mitchell was excused during this agenda item.
10:04:00 AM
Greg Darkenwald
Comments on behalf of Northwestern Energy
10:05:36 AM
Public comment
Jim Cole, Northwestern Energy submitted site drawings labeled Exhibit C, Item 5, Amy Waring, Code Compliance Specialist, G. K. Reiser
10:15:20 AM
Discussion and Questions between County Planning Director Jennifer Madgic and Commission
10:16:34 AM
County Attorney Marty Lambert
Comments and Advice
10:16:51 AM
Board discussion
10:20:40 AM
Discussion and Questions between County Planning Director Jennifer Madgic and Commission
10:21:11 AM
Commissioner Murdock
Based on the information that we've heard today without really addressing that, I'm going to move that we direct you (County Planning Director Jennifer Madgic) to revoke the Floodplain Permit for the information that's been submitted on the record.
10:21:26 AM
Commission questions
10:22:27 AM
County Attorney Marty Lambert
Comments and Advice
10:25:32 AM
Commissioner Murdock
I will withdraw my motion.
10:25:39 AM
Discussion and Questions between County Planning Director Jennifer Madgic and Commission
10:26:05 AM
County Attorney Marty Lambert
Comments and Advice
10:26:35 AM
Commissioner Murdock
I move that we grant the appeal of Mr. Reiser's on the Floodplain permit decision. That we ask the staff to prepare findings working in conjunction with the County Attorney's office for the proper findings and procedure for that appeal and that we direct the Planning Director the Floodplain Administrator to request that Northwest Energy stop work on the site immediately.
10:27:07 AM
Chairman Vincent
Second
10:27:16 AM
Board discussion
10:27:55 AM
Motion passed unanimously.
10:27:57 AM
Recess
10:45:18 AM
Chairman Vincent
Reconvene to meeting. Consideration of Nine Resolutions of the Gallatin County Commission, Each Granting a Variance from the Hillside and Ridgeline Development Section of the Gallatin Canyon/Big Sky Zoning Regulation to Potter Clinton Development for Lots 104, 106, 108, 146, 148, 162, 163, 164, and 165, Respectively, in the Antler Ridge Subdivision (Public Hearing held September 9, 2004-Zoning Hearing)
10:46:17 AM
County Planner Paul Bussi
Staff report, submitted letter from TD&H Engineering Consultants labeled Exhibit A, Item 6.
10:48:49 AM
Jason Leep, Potter Clinton Development
Presentation
10:50:35 AM
Discussion and Questions
10:52:21 AM
John J. Crawford, Geo-Technical Engineer, TD& H Engineering Consultants
Comments
10:54:36 AM
Public comment
Dick Fast
10:57:12 AM
County Planner Paul Bussi
Comments
10:57:50 AM
Jason Leep, Potter Clinton Development
Comments
11:00:21 AM
Commissioner Mitchell
I move that we approve Resolutions #2004-131 through Resolution #2004-139 approving the Clinton Potter Development variance requests for all the lots as named in those resolutions, those 9 resolutions.
11:00:45 AM
Commissioner Murdock
Second
11:00:50 AM
Board discussion
11:04:36 AM
County Attorney Marty Lambert
Comments
11:04:56 AM
Motion passed unanimously.
11:05:03 AM
Chairman Vincent
Public Hearing and Consideration/Decision of Request for Approval of an Improvements Agreement for Bridger Lake Meadows Subdivision Phases 3-6
11:05:46 AM
Bryan Connelley, Assist. Chief Belgrade RFD, on behalf of Belgrade City-County Planner Jason Karp
Staff report
11:06:47 AM
Doug Daniels, Engineer, Daniels and Associates
Comments
11:09:09 AM
Discussion and Questions
11:11:06 AM
County Attorney Marty Lambert
Questions and Advice
11:12:24 AM
There was no public comment.
11:12:52 AM
Commissioner Murdock
I move that we approve the Improvements Agreement for Bridger Lake Meadows Subdivisions Phase 3-6 as described pending the review and approval if it hasn't already been done of the County Attorney's office.
11:13:06 AM
Commissioner Mitchell
Second
11:13:14 AM
Board discussion
11:13:30 AM
Motion passed unanimously.
11:13:41 AM
Chairman Vincent
Public Hearing and Consideration/Decision on Partial Release and Extension of an Improvements Agreement for Phase 2 and Consideration/Decision of an Improvements Agreement for Phase 3 of the Elk Grove PUD Major Subdivision
11:14:02 AM
County Planner Sean O'Callaghan
Staff report
11:15:11 AM
Discussion and Questions
11:15:40 AM
Susan Swimley, Attorney, Nellen & Swimley
Presentation on behalf of client Elk Grove Development Company, Inc
11:17:07 AM
Discussion and Questions
11:17:26 AM
County Attorney Marty Lambert
Comments
11:18:48 AM
Public comment
Frank Silva
11:23:46 AM
County Planner Sean O'Callaghan
Comments
11:24:24 AM
Susan Swimley, Attorney, Nellen & Swimley
Comments
11:25:11 AM
There was no public comment.
11:25:20 AM
Commissioner Murdock
I move that we grant the partial release and extension of the Improvements Agreements for Phase 2.
11:25:39 AM
County Attorney Marty Lambert
Advice
11:25:50 AM
Commissioner Mitchell
Second
11:26:00 AM
Board discussion
11:27:49 AM
Motion passed unanimously.
11:27:55 AM
Commissioner Murdock
I will move that we approve the Improvements Agreement as proposed for Phase 3 of the Elk Grove PUD Major Subdivision.
11:28:05 AM
County Attorney Marty Lambert
Advice
11:28:26 AM
Commissioner Murdock
Strike that, I will move that we approve the extended Improvements Agreement for Elk Grove Planned Unit Development Phase 2 and Improvements Agreement for Elk Grove Planned Unit Development Phase 3, Trails and Parks Improvements.
11:28:41 AM
Commissioner Mitchell
Second
11:28:49 AM
Board discussion
11:28:58 AM
Motion passed unanimously.
11:29:06 AM
Chairman Vincent
Continuation of Public Hearing and Consideration/Decision of Final Plat Approval for Phase 3 Elk Grove PUD Major Subdivision
11:29:23 AM
County Planner Sean O'Callaghan
Staff report
11:33:15 AM
Susan Swimley, Attorney, Nellen & Swimley
Presentation on behalf of client Elk Grove Development Company, Inc
11:33:25 AM
Public comment
Frank Silva
11:38:33 AM
Susan Swimley, Attorney, Nellen & Swimley
Discussion and Questions between Susan Swimley, Attorney, Nellen & Swimley and Commission
11:40:05 AM
Justin Buchanan, representing Elk Grove Development Company, Inc
Comments
11:42:11 AM
Commissioner Murdock
I move that we grant final plat approval for Phase 3 Elk Grove PUD Major Subdivision.
11:42:18 AM
Commissioner Mitchell
Second
11:42:27 AM
Commission questions
11:42:53 AM
County Attorney Marty Lambert
Comments and Advice
11:45:32 AM
Motion passed unanimously.
11:45:34 AM
Chairman Vincent
Continuation on Public Hearing and Consideration/Decision of Final Plat Approval for Phase 4 of the Elk Grove PUD Major Subdivision
11:45:45 AM
County Planner Sean O'Callaghan
Staff report
11:47:05 AM
Discussion and Questions
11:47:44 AM
Susan Swimley, Attorney, Nellen & Swimley
Presentation on behalf of client Elk Grove Development Company, Inc
11:48:08 AM
Public comment
Frank Silva
11:48:52 AM
Commissioner Murdock
I move that we grant final plat approval for Phase 4 of the Elk Grove PUD Major Subdivision.
11:48:59 AM
Commissioner Mitchell
Second
11:49:09 AM
Motion passed unanimously.
11:50:08 AM
Chairman Vincent
Agenda adjustment: Move to item #15, Public Hearing and Consideration/Decision of Final Plat Approval for the Menders Minor Subdivision
11:50:27 AM
County Planner Christopher Scott
Staff report
11:51:22 AM
Discussion and Questions
11:51:49 AM
There was no public comment.
11:52:07 AM
Commissioner Murdock
Finding that all the conditions for the Menders Subdivision have been met according to the testimony of our capable Planner Christopher Scott, I move that we grant final plat approval.
11:52:18 AM
Commissioner Mitchell
Second
11:52:19 AM
Board discussion
11:52:40 AM
Motion passed unanimously.
11:52:45 AM
Chairman Vincent
Agenda adjustment: Move to item #16, Public Hearing and Consideration/Decision of Final Plat Approval for the Caracciolo Minor Subdivision
11:52:59 AM
County Planner Sean O'Callaghan
Staff report
11:53:53 AM
Discussion and Questions
11:54:16 AM
Public comment
Bryan Connelley, Assistant Fire Chief Belgrade RFD
11:55:11 AM
Commissioner Murdock
Finding that all the conditions for final plat approval for preliminary plat approval excuse me, of the Caracciolo Minor Subdivision have been met by our most capable and opened collared Planner Sean O'Callaghan, I would move that we grant final plat approval for the Caracciolo Minor Subdivision.
11:55:30 AM
Commissioner Mitchell
Second
11:55:36 AM
Motion passed unanimously.
11:55:46 AM
Chairman Vincent
Agenda adjustment: Move to item #17, Public Hearing and Consideration/Decision of Preliminary Plat Approval for the Bradford Minor Subdivision
11:56:21 AM
County Planner Sean O'Callaghan
Staff report, it was noted that condition #20(k) should read as follows: Any structure constructed on Lot 1A shall have the lowest finished floor elevated at least 2 feet above the natural grade.
12:02:14 PM
Discussion and Questions
12:03:45 PM
Cory Frehsee, C & H Engineering
Presentation on behalf of applicant's Bruce and Susan Bradford, submitted copy of COS of the area in question labeled Exhibit A, Item 17.
12:08:11 PM
Discussion and Questions
12:09:13 PM
Bryan Connelley, Assist. Fire Chief Belgrade RFD
Comments
12:11:03 PM
There was no public comment.
12:11:40 PM
Cory Frehsee, C & H Engineering
Comments
12:12:34 PM
Discussion and Questions between County Planner Sean O'Callaghan and the Commission
12:14:33 PM
Board discussion
12:18:21 PM
County Planner Sean O'Callaghan
Comments
12:19:24 PM
Commissioner Murdock
I am going to move that we grant a variance request to the 60 foot right-of-way county standard to their requested 40 foot right-of-way, and my findings would be a prevalence of similar conditions that if we weren't to grant it to these folks would be an due hardship and a matter of inequity and that it is not contrary to the public interest.
12:19:57 PM
Commissioner Mitchell
Second
12:20:06 PM
Board discussion
12:21:22 PM
Motion passed unanimously.
12:21:26 PM
Commissioner Murdock
Now that we have granted at least part of that variance, I would move that we approve the minor subdivision, give them preliminary plat approval for the Bradford Minor with all of the conditions as stated by staff and reflecting the variance request.
12:21:51 PM
Commissioner Mitchell
Second
12:22:16 PM
Cory Frehsee, C & H Engineering
Requested that the Commission modify or add a condition with regards to the road width, that if residential sprinklers are not provided in those homes that the road width be built to county standards and if residential sprinklers are provided that the 18 feet would be ok.
12:22:40 PM
Commissioner Murdock
Declined
12:23:20 PM
Motion passed unanimously.
12:23:45 PM
Chairman Vincent
Consideration of Amendments to the Gallatin County Growth Policy Regarding Adoption of Policy/Procedures for Creation of new Zoning Districts
12:24:03 PM
County Planning Director Jennifer Madgic
Staff report, noting that this agenda item would be continued until the October 18, 2004 office meeting.
12:27:53 PM
Public comment
Jennifer Read, representing Bozeman Pass Citizens Group, Susan Swimley, Attorney, Nellen & Swimley, Martha Biel, Melissa Frost, representing Bozeman Pass Citizens Group, County GIS Coordinator Allen Armstrong
12:48:27 PM
County Attorney Marty Lambert
Comments and Advice
12:50:57 PM
Board discussion, continued until October 18, 2004 office meeting.
12:52:35 PM
Chairman Vincent
Agenda adjustment: Move to Item #14, Public Hearing and Consideration/Decision of Request by Knatterud for a Variance from the Gallatin County Floodplain Regulations
12:53:04 PM
County Planner Sean O'Callaghan
Staff report, recommended adding condition #5 to read as follows: No additional fill shall be permitted for the purposes of protecting the structure.
1:00:33 PM
Joe Kmetz, Gateway Engineering
Presentation on behalf of applicant Kent Knatterud
1:02:35 PM
County Attorney Marty Lambert
Discussion and Questions of the applicant Kent Knatterud.
1:06:20 PM
Commission questions
1:07:13 PM
County Planner Sean O'Callaghan
Comments
1:07:46 PM
Kent Knatterud, applicant
Comments
1:08:57 PM
Commission questions
1:10:17 PM
Commissioner Murdock
I move that we approve the Knatterud floodplain variance request, subject to the 4 conditions suggested by staff and the additional 5th one that Sean O'Callaghan read into the record regarding no further fill or berming.
1:10:40 PM
Commissioner Mitchell
Second
1:10:41 PM
Board discussion
1:13:49 PM
County Planner Sean O'Callaghan
Corrected Commissioner Murdock's finding, noting that automatic flood vents have not been installed on the structure.
1:14:11 PM
Commissioner Murdock
Retracted the finding because it was not accurate.
1:14:20 PM
Board discussion
1:15:12 PM
County Attorney Marty Lambert
Read into the record language for the condition previously suggested in paragraph 1: The applicant shall sign a statement acceptable to the County Attorney's office that the applicant will defend, indemnify, and hold harmless the county from all claims for damages associated with the subject variance and subsequent floodplain development permit.
1:15:58 PM
Motion passed unanimously.
1:16:03 PM
Chairman Vincent
Public Hearing and Consideration/Decision Regarding a Resolution of Road Name Change in Gallatin County (Jerrys Road to Zanes Trail)
1:16:27 PM
Allen Armstrong, GIS Coordinator
Presentation
1:18:14 PM
There was no public comment.
1:18:32 PM
Commissioner Mitchell
I move that we approve Resolution #2004-140, changing the informal name of Jerrys Road to an official name of Zanes Trail.
1:18:47 PM
Commissioner Murdock
Second
1:18:58 PM
Motion passed unanimously.
1:19:00 PM
Chairman Vincent
Public Hearing and Consideration/Decision Regarding a Resolution of Road Name Change in Gallatin County (Un-named road off of Gallatin Road to Jays Way)
1:19:15 PM
Allen Armstrong, GIS Coordinator
Presentation
1:19:55 PM
There was no public comment.
1:20:05 PM
Commissioner Mitchell
I move that we approve the naming of Jays Way, Resolution #2004-141.
1:20:15 PM
Commissioner Murdock
Second
1:20:23 PM
Motion passed unanimously.
1:20:25 PM
Chairman Vincent
There were no pending resolutions.
1:20:31 PM
Meeting adjourned.
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