Description Gallatin County Commissioners' Journal No. December 21, 2004
Date 12/21/2004 Location County Commission
Time Speaker Note
9:05:36 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. (Clerk Note: No audio until 9:23:03)
9:06:25 AM There was no public comment on matters within the Commission's jurisdiction.
9:06:55 AM Commissioner Mitchell Read the consent agenda as follows: 1. Approval of Claims 2. Approval of County Commission Public Meeting Minutes for December 7, 2004 3. Request for Common Boundary Relocation Exemption for Mielnick/Trinity Christian Missions, Inc 4. Request for Lot Aggregation Exemption for Del Grande 5. Approval of Contract(s): Yellowstone National Park for Solid Waste at West Yellowstone Compost Facility
9:07:47 AM There was no public comment.
9:08:06 AM Commissioner Mitchell Move to approve the consent agenda.
9:08:08 AM Commissioner Murdock Second
9:08:14 AM Motion passed unanimously.
9:08:18 AM There was no public comment on matters within the Commission's jurisdiction.
9:08:30 AM Chairman Vincent Board Appointment
9:08:39 AM Commissioner Murdock Area IV Aging
9:09:34 AM There was no public comment.
9:09:42 AM Commissioner Murdock I heartily move to re-appoint Bea Horswill.
9:09:50 AM Commissioner Mitchell Second
9:09:53 AM Board discussion
9:10:08 AM Motion passed unanimously.
9:10:11 AM Chairman Vincent Discussion and Decision and Display/Legal Ad Contract with Bozeman Daily Chronicle
9:10:41 AM Fiscal Officer Ed Blackman Presentation
9:12:49 AM Discussion and Questions
9:15:19 AM Public comment Steve White
9:16:12 AM Discussion between the Commission and Mr. Blackman
9:17:48 AM Commissioner Murdock I move to approve the contract with the Bozeman Daily Chronicle.
9:17:50 AM Commissioner Mitchell Second
9:17:59 AM Board discussion
9:23:53 AM Motion passed unanimously.
9:23:55 AM Chairman Vincent Hearing to Consider Petition to Annex Property into the Belgrade RFD
9:24:09 AM Clerk and Recorder Shelley Vance Presentation
9:26:29 AM There was no public comment.
9:26:54 AM Bryan Connelley, Belgrade RFD Assistant Fire Chief Comments
9:28:42 AM Discussion and Questions
9:30:02 AM There was no public comment.
9:30:18 AM Commissioner Murdock I move that we annex into the Belgrade Rural Fire District Tracts 1 and 2 of COS 2200 in Section 15, T2N, R4E, P.M.M., Gallatin County, Montana and all of Section 27, Tract A of COS 2422 and the E1/2 of Section 22, and Tract 4A of COS 2200A in Section 15, T2N, R4E, P.M.M., Gallatin County, Montana.
9:30:56 AM Commissioner Mitchell Second
9:31:14 AM Commission question
9:31:26 AM Motion passed unanimously.
9:31:29 AM Chairman Vincent Public Hearing and Request/Decision for Conditional Use Permit for Storr
9:31:39 AM County Planner Warren Vaughan Staff report
9:34:09 AM Sue Ann Nye, Faure Halvorsen Architects Presentation on behalf of client's Frank and Janet Storr
9:34:40 AM There was no public comment.
9:34:58 AM Commissioner Murdock I think that this CUP conforms to the objectives of the development plan and the intent of the Middle Cottonwood Zoning Regulation. It doesn't seem to interfere with the a winter range for the deer, which is a sensitive issue up there, nobody's complained about it or come in to testify against it so I don't think it would adversely affect the nearby properties and according to the staff report and the site plan proposal it meets density coverage yard, all other regulations of the district and we're having a public hearing so I believe we've met the criteria for a CUP, and I would move that we approve it with the conditions presented by staff.
9:35:43 AM Commissioner Mitchell Second
9:35:44 AM Board discussion
9:35:58 AM Motion passed unanimously.
9:36:03 AM Chairman Vincent Public Hearing and Consideration of Request for Preliminary Plat Approval of Heinle Amended Plat Minor Subdivision
9:36:15 AM County Planner Victoria Drummond Staff report, submitting a letter from Vicki Anderson labeled Exhibit A, Item #6.
9:40:53 AM Discussion and Questions
9:41:15 AM Eldo Heinle Applicant's presentation
9:42:17 AM Discussion and Questions
9:43:14 AM Debbie Anderson, PLS, Gateway Engineering and Surveying, Inc Presentation on behalf of client Eldo Heinle
9:44:04 AM Bryan Connelley, Belgrade RFD Assistant Fire Chief Comments
9:46:59 AM Discussion between Mr. Connelley and Ms. Anderson
9:47:37 AM There was no public comment.
9:48:03 AM Commissioner Murdock I think that this subdivision is consistent with the Growth Policy and our Subdivision Regulation. It's in an area that has developed in similar densities. I don't think that this split would be inconsistent with that. I think that with the conditions as presented that it meets other goals and policies, which are listed here in the staff report which has been entered into the record, so I move that we approve the subdivision with all of the conditions as presented and amended in the staff report.
9:48:50 AM Commissioner Mitchell Second
9:49:06 AM Board discussion
9:51:20 AM Motion passed unanimously.
9:51:31 AM Chairman Vincent Continuation on Public Hearing and Consideration of Preliminary Plat for the Dan Strong Three Lot Minor Subdivision , continued to a date uncertain.
9:51:58 AM Chairman Vincent Public Hearing and Consideration of Request for Final Plat Approval for Newman Minor Subdivision
9:52:15 AM County Planner Christopher Scott Staff report, noted clerical correction to the response to condition #8, should read Sourdough RFD rather than Bridger Canyon FD
9:54:04 AM Steve Rude, Morrison-Maierle, Inc Presentation on behalf of client William H. Newman
9:54:27 AM There was no public comment.
9:54:43 AM Commissioner Mitchell I move that we approve the final plat for the Newman Minor Subdivision, finding that all the conditions have been met according to our staff's testimony and that of the applicant's representative.
9:54:57 AM Commissioner Murdock Second
9:55:14 AM Motion passed unanimously.
9:55:18 AM Chairman Vincent Public Hearing and Consideration/Decision on Request by We Five, Inc. for Preliminary Plat Approval for Buck's T-4 Minor Subdivision
9:55:31 AM County Planner Paul Bussi Staff report
10:00:49 AM Discussion and Questions
10:01:21 AM Mike Schutlz, owner Applicant's presentation
10:02:26 AM Discussion and Questions
10:02:54 AM There was no public comment.
10:03:10 AM Discussion between the Commission and Mr. Bussi
10:05:28 AM Commissioner Mitchell Finding that the Buck's T-4 Minor Subdivision preliminary plat meets the requirements of Section 76-3-608 MCA and complies with the provisions of the Gallatin County Subdivision Regulations and Gallatin Canyon/Big Sky Zoning Regulations, I move that we approve the preliminary plat with all the conditions as provided by staff.
10:05:56 AM Commissioner Murdock Second
10:06:22 AM Motion passed unanimously.
10:06:26 AM Chairman Vincent Continuation on Public Hearing and Consideration of a Resolution to Amend the Gallatin County FY 2005 Budget by Appropriating $168,090 for Completion of the Detention Center Remodeling Project and to Transfer $21,500 Budget Authority within the Sheriff-Detention Center Budget
10:06:51 AM Fiscal Officer Ed Blackman Presentation, provided handout of Capital Improvement Projects FY 05-Detention Center Remodel
10:09:07 AM Discussion and Questions
10:09:43 AM Public comment Bob Isdahl, County Facilities Maintenance Manager
10:13:20 AM Commissioner Murdock I move that we approve Resolution #2004-162, which would amend our budget by appropriating $168,090 for completion of the Detention Center remodeling project and to transfer $21,500 budget authority within the Sheriff-Detention Center Budget.
10:13:43 AM Commissioner Mitchell Second
10:13:45 AM Board discussion
10:15:47 AM Motion passed 2:1. Commissioner Mitchell opposed.
10:16:02 AM Chairman Vincent Public Hearing and Consideration to Approve Clean Up by Gallatin County of a Community Decay Violation on Property Owned by Glen Thornton at 91 Bolinger Road, Belgrade, MT, and Assess Costs to the Property Owner
10:16:26 AM Amy Waring, Code Compliance Specialist Recommended a continuation until January 5, 2005, 1:30 P.M. public meeting.
10:16:51 AM Chairman Vincent Public Hearing and Consideration to Approve Clean Up by Gallatin County of a Community Decay Violation on Property Owned by Kelly Barbao (We Do Anything) at 14055 Frontage Road, Manhattan, MT, and Assess Costs to the Property Owner
10:16:53 AM Amy Waring, Code Compliance Specialist Presentation
10:21:31 AM Discussion and Questions
10:23:03 AM Kelly Barbao Comments
10:24:06 AM Discussion and Questions
10:25:28 AM Public comment Meg Babits, Cynthia Barbao, Tom Stromberg, and Kelly Barbao
10:37:51 AM Discussion between the Commission and Mr. Barbao
10:42:18 AM Amy Waring, Code Compliance Specialist In agreement to setting January 15, 2005 for Mr. Barbao to bring his violation into full compliance.
10:42:32 AM Board discussion
10:42:48 AM Commissioner Mitchell Comments, I would move that we take staff's first recommendation #1(A) allowing Mr. Barboa additional time to clean up the site or shield the community decay from view with a specified date of completion and I would make that date January 15th, given Mr. Barbao's testimony and if he does not meet that date that we follow with suggested action #2, that we under take the cleanup activities and that we refer this matter to the Sheriff's office for possible misdemeanor charges.
10:43:48 AM Commissioner Murdock Second
10:43:53 AM Board discussion
10:44:35 AM Amy Waring, Code Compliance Specialist Comments
10:45:14 AM Board discussion
10:46:18 AM Motion passed unanimously.
10:46:20 AM Chairman Vincent Recess
11:01:43 AM Chairman Vincent Reconvene to meeting. Continuation of the Public Hearing and Consideration of Request for Preliminary Plat Approval for Falcon Hallow Major Subdivision (Continued from November 23, 2004)
11:02:15 AM County Planner Victoria Drummond Staff report
11:04:19 AM Discussion and Questions
11:06:43 AM Shawn Moran, developer Applicant's presentation
11:18:48 AM David King, Manager, Rae Water & Sewer Comments, submitted copy of Rae Water & Sewer District boundary labeled Exhibit A, Item #13.
11:21:53 AM Discussion and Questions
11:24:07 AM Katie Baker, Attorney, Goetz, Gallik & Baldwin, P.C. Presentation of behalf of client's Shawn Moran and Ken Shepherd
11:24:31 AM Discussion between the Commission and Ms. Baker
11:37:38 AM There was no public comment.
11:38:06 AM Shawn Moran, developer Comments
11:40:24 AM Discussion and Questions
11:41:34 AM County Planner Victoria Drummond Comments
11:44:39 AM County Planning Director Jennifer Madgic Comments
11:45:45 AM Commission comments
11:47:12 AM County Attorney Marty Lambert Advice
11:49:23 AM Commissioner Murdock Comments, I move that we approve this subdivision with all of the conditions as written, and I want to add one, I don't care where we put it but I want one added that the developer shall make application to and be approved, I am not using the right language but join the Rae Sewer & Water District.
11:50:28 AM Chairman Vincent Second
11:50:34 AM Board discussion
11:53:32 AM Commissioner Murdock Requested that condition #53 be excluded from the motion.
11:53:59 AM Chairman Vincent Consented to the change in the motion.
11:54:06 AM Board discussion
12:00:37 PM Motion passed 2:1. Commissioner Mitchell opposed.
12:00:51 PM Chairman Vincent There were no pending resolutions.
12:01:02 PM Meeting adjourned.
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