Description
Gallatin County Commissioners' Journal January 27, 2004
Date
1/27/2004
Location
County Commission
Time
Speaker
Note
9:04:25 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.
9:05:25 AM
Chairman Vincent
Suggest Regular Agenda item adjustments.
9:06:03 AM
Public comment
Susan Swimley, Attorney, Nellen & Swimley regarding adjustments.
9:06:21 AM
Chairman Vincent
Regular Agenda adjustment: item #6 Continuation on Public Hearing and Consideration of Request for Preliminary Plat Approval for the Dana Lane Estates Minor Subdivision to #1 position and item #11 Continuation on Public Hearing and Consideration of Conditional Use Permit for Arkell to #2 position.
9:06:38 AM
Chairman Vincent
There was no public comment on matters within the Commission's jurisdiction.
9:06:49 AM
Commissioner Murdock
Read the Consent Agenda as follows: 1. Minutes for Public Meetings August 19, 26 and September 2, 9, 16, 30, 2003 2. Minutes for Public Meetings January 14, 21, 28 and February 4, 2003 3. Minutes for Public Meetings October 7, 14, 21, 28; November 4, 18, 25; December 2, 9, 16, 23, 30, 2003 and January 6, 2004 4. Approval of Claims 5. Request for Common Boundary Relocation Exemption for Kennedy
9:08:01 AM
Chairman Vincent
There was no public comment.
9:08:15 AM
Commissioner Murdock
Motion to approve the Consent Agenda as read.
9:08:17 AM
Commissioner Mitchell
Second
9:08:23 AM
Motion passed unanimously.
9:08:28 AM
Chairman Vincent
Continuation on Public Hearing and Consideration of Request for Preliminary Plat Approval for the Dana Lane Estates Minor Subdivision
9:08:49 AM
Belgrade City-County Planner Jason Karp
Staff report
9:12:21 AM
County Attorney Marty Lambert
Advice regarding public comment.
9:13:06 AM
Lewis Burton, Surveyor, Gateway Engineering and Surveying
Presentation on behalf of the applicants, Wendy and Terry O'Neill and submittal of letter.
9:21:53 AM
Public comment
Joe Sabatini and Bob Heidecker, with questions from County Attorney Marty Lambert.
9:33:55 AM
Lewis Burton, Surveyor, Gateway Engineering and Surveying
Rebuttal on behalf of the applicants.
9:35:34 AM
Discussion and questions, including Belgrade City-County Planner Jason Karp
9:39:48 AM
Commissioner Mitchell
Motion that we approve the Dana Estates Minor Subdivision with all the conditions as stated and finding that it meets the Belgrade Planning requirements, the State Statutes and Gallatin County Growth Policy.
9:40:18 AM
Commissioner Murdock
Second
9:40:20 AM
Board discussion
9:47:46 AM
Motion failed 1:2 (Chairman Vincent and Commissioner Murdock opposed).
9:48:04 AM
Chairman Vincent
Continuation on Public Hearing and Consideration of Conditional Use Permit for Arkell
9:48:59 AM
County Planner Sean O'Callaghan
Power point presentation, staff report and additional handouts.
9:59:33 AM
County Attorney Marty Lambert
Advice on Staff Suggested Conditions 2a., 2e., 10 & 11 with discussion and questions.
10:08:06 AM
Susan Swimley, Attorney, Nellen and Swimley
Presentation on behalf of the applicants, Vince and Debbie Arkell.
10:10:18 AM
Commission questions
10:11:19 AM
County Attorney Marty Lambert
Altered advice on Staff Suggested Conditions with discussion and questions.
10:17:20 AM
Anson Crutcher
Response to commission question.
10:24:30 AM
County Attorney Marty Lambert
Advice
10:26:40 AM
County Planner Sean O'Callaghan
Response to commission questions.
10:28:05 AM
Board discussion
10:34:37 AM
Chairman Vincent
Discussion and questions on changing Staff Suggested Condition #9 regarding landscaping.
10:38:15 AM
Susan Swimley, Attorney, Nellen & Swimley
Applicants find changes to #9 satisfactory.
10:40:03 AM
Discussion and questions including County Planner Sean O'Callaghan.
10:44:46 AM
Commissioner Murdock
Motion that we approve their CUP, the Arkell CUP, Conditional Use Application with the Staff Suggested Conditions and additional conditions 1-11. And then amended as follows: 2a, after the words 'commercial operation,' have a period, strike the rest; condition 9, add the language in the second sentence: Such approval must take place at a regularly scheduled Tuesday Commission public meeting.
10:45:43 AM
Commissioner Mitchell
Second
10:45:46 AM
Board discussion
10:46:27 AM
Motion passed unanimously.
10:46:37 AM
Recess
10:59:55 AM
Chairman Vincent
Reconvene to meeting. Agenda adjustment #4 to #3 position; Public Hearing and Consideration of Request for Family Transfer for McGinley
11:00:29 AM
County Planner Victoria Drummond
Staff report
11:02:47 AM
Chairman Vincent
Confirm that the applicant, Michael McGinley, was aware he would respond to questions on the record. Oath and questions.
11:05:54 AM
Commission questions
11:06:32 AM
Chairman Vincent
There was no public comment.
11:06:48 AM
Commissioner Mitchell
(Motion) I think the McGinley family transfer meets all the criteria of the exemptions according to what has been presented and the applicants testimony.
11:07:01 AM
Commissioner Murdock
Second
11:07:27 AM
Motion passed unanimously.
11:07:59 AM
Chairman Vincent
Public Hearing and Consideration of a Road Name Change in Gallatin County from an Un-named Road Commonly Referred to as Conley Row and also Referred to as Conely Row to Lakeside Road
11:08:23 AM
GIS Coordinator Allen Armstrong
Staff report
11:09:37 AM
Chairman Vincent
There was no public comment.
11:09:48 AM
Commissioner Mitchell
Motion that approve Resolution 2004-008 changing the name of a road to Lakeside Road in Gallatin County.
11:10:00 AM
Commissioner Murdock
Second
11:10:03 AM
Motion passed unanimously.
11:10:07 AM
Chairman Vincent
Public Hearing and Consideration of Second Reading of Speed Reduction Ordinance for Patterson Road
11:10:38 AM
Chairman Vincent
There was no public comment.
11:10:59 AM
Commissioner Murdock
Motion that we approve Ordinance #2004-001 which is a speed reduction ordinance for Patterson Road.
11:11:07 AM
Commissioner Mitchell
Second
11:11:14 AM
Board discussion
11:11:31 AM
Motion passed 2:1 (Commissioner Mitchell opposed).
11:11:46 AM
Chairman Vincent
Public Hearing and Consideration of Second Reading of Speed Reduction Ordinance for Fowler Road
11:12:14 AM
Chairman Vincent
There was no public comment.
11:12:22 AM
Commissioner Murdock
Motion that we approve Ordinance #2004-002 which would set the speed reduction ordinance for Fowler Road at 35 miles per hour.
11:12:38 AM
Commissioner Mitchell
Second
11:12:43 AM
Board discussion
11:13:00 AM
Motion passed 2:1 (Commissioner Mitchell opposed).
11:13:12 AM
Chairman Vincent
Public Hearing and Consideration of a Resolution to Amend the Road and Bridge Department Road Impact Fee FY 2004 Budget to Include Unanticipated Revenues of $513,912 Received from RID 386 Amsterdam Road Project
11:13:33 AM
Commissioner Murdock
County Road & Bridge Superintendent Lee Provance absent. Introduce resolution.
11:14:35 AM
Public comment
Sonja Berg
11:15:06 AM
County Attorney Marty Lambert & Commissioner Murdock
Explanation of resolution.
11:21:48 AM
Commissioner Mitchell
Motion that we approve Resolution 2004-009 amending the Road and Bridge Department Road Impact Fee FY 2004 Budget to include unanticipated revenues of $513,912 received from RID 386 Amsterdam Road project.
11:22:06 AM
Commissioner Murdock
Second
11:22:10 AM
Board discussion
11:22:53 AM
Motion passed unanimously.
11:22:57 AM
Chairman Vincent
Public Hearing and Consideration of Revised Application Fees for Floodplain Permits, Floodplain Studies and Flood Hazard Evaluations
11:23:35 AM
County Planner Sean O'Callaghan
Staff report
11:28:16 AM
Discussion and questions
11:42:56 AM
County Planning Director Jennifer Madgic
Presentation
11:45:22 AM
Discussion and questions
11:47:47 AM
Chairman Vincent
There was no public comment.
11:48:23 AM
Discussion and questions including County Planner Sean O'Callaghan and County Planning Director Jennifer Madgic
11:54:50 AM
Commissioner Murdock
Motion that we adopt Appendix A as written and prepared by the staff.
11:54:57 AM
Chairman Vincent
Second
11:55:02 AM
Board discussion
11:56:09 AM
Motion passed 2:1 (Commissioner Mitchell opposed).
11:56:18 AM
Chairman Vincent
Public Hearing Regarding Availability of Funding from the Community Development Block Grant Program (CDBG) and the Home Investment Partnership Program (HOME)
11:56:43 AM
Grants Administrator Larry Watson
Presentation
12:05:38 PM
Discussion and questions. Noted that no decision will be made at this time.
12:07:08 PM
Public comment
Amanda Cater, President, Habitat for Humanity; Caren Roberty, Community Development Director, HRDC and Linda Rupp, Development Coordinator, Youth Dynamics
12:13:26 PM
Discussion and questions
12:14:44 PM
Chairman Vincent
Public Hearing and Consideration for Preliminary Plat Approval for the Amended Plat of Tract 37 of the Ross Creek Subdivision
12:15:23 PM
County Planner Randy Johnson
Staff report
12:21:45 PM
Commission questions
12:24:38 PM
Jim Pierce, Thomas, Dean & Hoskins, Inc.
Presentation on behalf of the applicants, Daniel and Katherine Ballestero.
12:25:20 PM
Commission questions
12:27:42 PM
Public comment
Jim Boorman, President, Clearview Road Homeowners Association
12:29:41 PM
County Planner Randy Johnson
Final comments
12:30:17 PM
Board discussion
12:30:43 PM
Commissioner Murdock
Motion that we grant variance #1, the variance to the subdivision regs. which would allow for an excess of the maximum cul-de-sac length of 1000 feet for minor roads. The reason for that would be, as entered into the record by Mr. Boorman, this is the last lot in the tracks, it would actually create more of a public health and safety and welfare concern to have this thing extended all the way through to either Springhill or one of the roads to the north. So I think it's in the public interest.
12:31:50 PM
Commissioner Mitchell
Second
12:31:55 PM
Motion passed unanimously.
12:31:59 PM
Commissioner Murdock
Motion that we grant variance #2, which would be the requirement for paving with ADT's exceeding 100 trips day finding that we should be consistent with the other lots in the area. This will be a cul-de-sac, there aren't that many homes up there on it and they seem to have a plan on how they would best like to operate this. Again, this is the last lot, so I'm not worried about Pandora's Box with it
12:32:28 PM
Commissioner Mitchell
Second
12:32:29 PM
Board discussion
12:32:44 PM
Motion passed unanimously.
12:33:01 PM
Commissioner Mitchell
Motion that we approve this amended plat of tract 37 of the Ross Creek Subdivision with all the conditions except those removed by the previously approved two variances finding that it meets the requirements of the state and the county and the subdivision regs.
12:33:28 PM
Commissioner Murdock
Second
12:33:39 PM
Motion passed unanimously.
12:33:49 PM
Chairman Vincent
Public Hearing and Consideration of Acceptance of a Revised Improvements Agreement for the Green Hills Ranch Subdivision; and Request for the Release of the Original Letter of Credit and Improvements Agreement for the Green Hills Ranch Subdivision
12:34:12 PM
County Planner Randy Johnson
Staff report
12:36:13 PM
Questions and discussion including County Planner Randy Johnson and County Road & Bridge George Durkin.
12:42:16 PM
County Attorney Marty Lambert
Advice
12:43:51 PM
Commission questions
12:44:49 PM
Susan Swimley, Attorney, Nellen & Swimley
Presentation on behalf of clients, Homelands Development Co. L.L.C.
12:47:04 PM
Discussion and questions
12:48:38 PM
Commissioner Mitchell
Motion that we accept the new Improvements Agreement for the Green Hills Ranch Subdivision for the remainder of work that needs to be completed.
12:48:51 PM
Commissioner Murdock
Second
12:49:00 PM
Motion passed unanimously.
12:49:07 PM
Commissioner Mitchell
Motion that we release the previous letter of credit now that we have approved the new one.
12:49:13 PM
Commissioner Murdock
Second
12:49:17 PM
Motion passed unanimously.
12:49:23 PM
Chairman Vincent
There were no Pending Resolutions or Public comment.
12:49:46 PM
Meeting adjourned
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