Gallatin County Commissioners' Journal April 20, 2004
Time Speaker Note
9:06:00 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.
9:06:50 AM Chairman Vincent Adjustments to the regular agenda were as follows: Item #8, Public Hearing and Consideration of a Grant Application for CDBG Technical Assistance for Youth Dynamics, will be changed to Item #2, and Items #15 through 20, Public Hearings and Consideration of Conditional Use Permits within the Gallatin County/Bozeman Area Zoning District for Fireworks stands changed to Item #4, and run consecutively.
9:08:51 AM Commissioner Murdock Read the consent agenda as follows: 1. Approval of Claims. 2. Continuation on Minutes for Public Meetings March 23 and 30, 2004. 3. Contract(s): Grant Award w/Montana Board of Crime Control for Enforcing Underage Drinking Laws Contract #03=U01-81642; and Montana Dept. of Commerce Community Development Block Grant For the Road to Home Project
9:09:48 AM There was no public comment.
9:09:58 AM Commissioner Mitchell Requested to continue consideration of the public meeting minutes for March 23 and 30, 2004, for further discussion with the Clerk and Recorder at a later time regarding the approval process.
9:11:15 AM Commissioner Mitchell Motion to approve the consent agenda, as modified.
9:11:17 AM Commissioner Murdock Second
9:11:26 AM Motion passed unanimously.
9:12:00 AM Chairman Vincent Proclamation Declaring National Library Week 2004
9:12:11 AM Anne Botkin, on behalf of Director Alice Meister, Bozeman Public Library Read the proclamation.
9:15:22 AM Discussion and Questions
9:15:53 AM There was no public comment.
9:17:14 AM Commissioner Murdock Motioned to approve and endorse the Chair's signature for the proclamation of making this National Library Week, as read into the record.
9:17:29 AM Chairman Vincent Second
9:17:34 AM Motion passed 2:1. Commissioner Mitchell abstained.
9:17:44 AM Chairman Vincent Public Hearing and Consideration of a Grant Application for CDBG Technical Assistance for Youth Dynamics, Inc
9:17:56 AM Grants Administrator Larry Watson Presentation
9:20:14 AM Dr. Peter Degel Comments
9:20:51 AM Discussion and Questions
9:24:23 AM There was no public comment.
9:24:47 AM Commissioner Murdock Ok, so moved (authorizing county sponsorship of grant application on behalf of Youth Dynamics to the State Department of Commerce).
9:24:51 AM Commissioner Mitchell Second
9:25:06 AM Motion passed unanimously.
9:25:17 AM Chairman Vincent Public Hearing to Consider Petition to Abandon a Portion of Nixon Gulch Road
9:26:20 AM Clerk and Recorder Shelley Vance Presentation, noting an omitted portion in the viewing committee report in the second sentence of the third paragraph. Should read as follows: Gallatin County Commissions have historically required roads to be dedicated to the public in reviewed subdivisions in the best interest of the public health, safety and welfare.
9:31:25 AM Discussion and Questions
9:32:51 AM Public comment Gary MacMillan, submitted a letter from the Gallatin River Homeowners Association suggesting a modification to the petition labeled Exhibit A-Item #2; Jeannie Anderson, also speaking on behalf of Jehnet Carlson and Ilene Casey; (Commissioner Murdock noted a phone call from Senator Mike Anderson); Jeff Gates, Gallatin River Ranch Manager and head of security; William Fairhurst, representing the Public Land Access Association and Coalition for the Recreational Use of State School Trust Lands; Edward Funk; Jim Reich; Joe Gutkoski; Phil Adolf; Ron Rassley; Mickey Lessley; Monte Cooper, submitted written comments labeled Exhibit B-Item #2; Sonja Berg; Kay Tate; Bob Dyer; Sue Fraser; and Tom Andrews.
9:37:43 AM County Attorney Marty Lambert Comments and Advice
9:55:16 AM County Attorney Marty Lambert Questions and Discussion with Gary MacMillian
10:02:35 AM County Attorney Marty Lambert Advice
11:02:15 AM County Attorney Marty Lambert Advice
11:06:02 AM Chairman Vincent Public comment was closed.
11:06:24 AM Board discussion
11:11:45 AM Commissioner Murdock Motioned to deny the request to abandon the portion in question of Nixon Gulch Road.
11:11:52 AM Commissioner Mitchell Second
11:11:59 AM Discussion
11:14:23 AM Motion passed unanimously.
11:14:33 AM Recess
11:31:19 AM Chairman Vincent Reconvene- Items #15-20, CUP applications for Fireworks Stands
11:32:16 AM County Planner Paul Bussi Staff report summaries and general comments relative to all 6 CUP applications for fireworks stands. Provided page 6 of 6, missing from staff report and an additional staff suggested condition to read as follows: In addition to the sale dates allowed by Montana Code (MCA 50-37-106), the facilities shall be allowed on the land 7 days before and after for set-up and removal of the facilities.
11:45:00 AM Susan Wordal, City Attorney's Office Comments, submitting City Commission Ordinance #1612, regarding the discharge of fireworks, labeled Exhibit A-Items #15-20.
11:51:25 AM City Commissioner Steve Kirchhoff Comments, suggesting consideration of 3 additional conditions to all 6 CUP's, as follows: 1. Vendors mark their products to show what is allowed and what is not inside the city limits of Bozeman. 2. Vendors post the ordinance on site. 3. Vendors to cooperate in letting their customers know through signage, the hours when fireworks are allowed to be detonated inside the city limits of Bozeman.
11:54:41 AM Public comment Denny Klewin; Patty Swenson; and Bryan Connelley, Assistant Chief Belgrade Rural Fire, also representing Chief Brian Crandell, Rae and Sourdough Fire Departments
12:09:56 PM Discussion and Questions
12:12:38 PM Chairman Vincent Public Hearing and Consideration of a Conditional Use Permit within the Gallatin County/Bozeman Area Zoning District for Bridger Ski Foundation/TNT Fireworks at East Kagy Boulevard 500 feet west of the intersection with Sourdough Road
12:13:03 PM County Planner Paul Bussi Staff report
12:14:34 PM Mona Jamison, Attorney Presentation on behalf of 3 TNT Fireworks applications (regular agenda items #15, 16 and 19).
12:25:51 PM Discussion and Questions
12:26:30 PM County Planner Paul Bussi Read suggested language for condition #7 drafted by Ms. Wordal as follows: The applicant shall post a sign stating it is illegal to discharge fireworks in the City of Bozeman, except as provided by city ordinance Title 8, Chapter 12 of BMC under penalty of law, in letters at least 2 inches tall where customers are most likely to read it. Hours will be required to be posted and a copy the city ordinance or summary brochure if available. Products should be marked or segregated within stands identifying what would or would not be allowed in the city.
12:27:24 PM Discussion and Questions
12:30:49 PM County Attorney Marty Lambert Advice
12:32:06 PM Mona Jamison, Attorney Comments
12:34:07 PM County Attorney Marty Lambert Suggested the following condition: (Insurance) The applicant must provide the Gallatin County Zoning Enforcement officer a certificate of general liability insurance with limits of $750,000 per claim, $1,500,000 per occurrence, naming Gallatin County as an additional insured, before any conditional use permit is issued. Such general liability insurance must be in effect at all times applicant sells fireworks pursuant to this permit and must be in effect not less than thirty days after the permit expires. Applicant must give immediate notice to the Zoning Enforcement Officer if the general liability policy required by this permit is cancelled or is subject to nonrenewal.
12:36:00 PM Discussion
12:37:50 PM Maureen Anderson, applicant, TNT Fireworks Confirmed that the corporate would be in agreement to the suggested condition.
12:39:02 PM County Attorney Marty Lambert Suggested the following condition: (Fire Danger) In the event Gallatin County declares a burn ban pursuant to Gallatin County ordinance (blank-did not know the number) then the applicant must suspend all fireworks sales until applicant receives written permission from the Zoning Enforcement Officer to resume sales.
12:39:56 PM Discussion and Questions
12:49:00 PM Sandy McKay, Bridger Ski Foundation Applicant presentation
12:50:03 PM There was no public comment.
12:50:25 PM Mona Jamison, Attorney Comments
12:52:10 PM Discussion
12:53:05 PM Commissioner Murdock I move that we approve the temporary fireworks sales stand for the Bridger Ski Foundation, East Kagy Boulevard near Sourdough, with the conditions as written by staff and as amended. I guess we have to add some findings but I won't do that until discussion.
12:53:35 PM Commissioner Mitchell Second
12:53:46 PM Board discussion and findings.
12:57:06 PM Motion passed unanimously.
12:57:07 PM Chairman Vincent Public Hearing and Consideration of a Conditional Use Permit within the Gallatin County/Bozeman Area Zoning District for Green/TNT Fireworks at the Southwest corner of the intersection of Kagy Boulevard and South 3rd Avenue
12:57:25 PM County Planner Paul Bussi Staff report
12:57:58 PM Gregory Francis Applicant presentation, noting he was also speaking for regular agenda item #19.
1:02:13 PM Discussion and Questions
1:02:55 PM There was no public comment.
1:03:28 PM Commissioner Murdock I move that we approve it with the conditions and findings that we entered for the last one.
1:03:40 PM Commissioner Mitchell Second, noting that this is for location #2, South 3rd and Kagy Boulevard for applicant's Les Green and TNT Fireworks.
1:04:02 PM Motion passed unanimously.
1:04:03 PM Chairman Vincent Public Hearing and Consideration of a Conditional Use Permit within the Gallatin County/Bozeman Area Zoning District for Christian Center Church at the Southwest corner of the intersection of South 19th Avenue and Kagy Boulevard
1:04:27 PM County Planner Paul Bussi Staff report
1:04:59 PM Tom Lawrence, Christian Center Church Applicant presentation
1:09:54 PM There was no public comment.
1:10:14 PM Commissioner Mitchell I move that we approve the application for the Christian Center Church with all the conditions and findings, as stated in location #1.
1:10:33 PM Commissioner Murdock Second
1:10:42 PM Motion passed unanimously.
1:10:43 PM Chairman Vincent Public Hearing and Consideration of a Conditional Use Permit within the Gallatin County/Bozeman Area Zoning District for Tofslie at Valley Center Road just North of Costco
1:10:55 PM County Planner Paul Bussi Staff report
1:11:22 PM Renee Tofslie Applicant presentation
1:15:43 PM There was no public comment.
1:16:15 PM Commissioner Mitchell I move that we approve the Tofslie Bobcat discount fireworks application with all the conditions and findings, as agreed to in location #1, for this location #4 on Valley Center Road.
1:16:35 PM Commissioner Murdock Second
1:16:51 PM Motion passed unanimously.
1:16:52 PM Chairman Vincent Public Hearing and Consideration of a Conditional Use Permit within the Gallatin County/Bozeman Area Zoning District for Francis/TNT Fireworks at 613 Griffin Drive
1:17:04 PM County Planner Paul Bussi Staff report
1:18:45 PM Gregory Francis Applicant spoke to this application at 12:57:58.
1:18:56 PM There was no public comment.
1:19:05 PM Commissioner Murdock I move that we approve the temporary use CUP for the Gregory Francis and TNT Fireworks with all the conditions that we have attached to the other previous ones and enter into the record the same findings.
1:19:24 PM Commissioner Mitchell Second
1:19:43 PM Motion passed unanimously.
1:19:45 PM Chairman Vincent Public Hearing and Consideration of a Conditional Use Permit within the Gallatin County/Bozeman Area Zoning District for Kunda/Wild Coyote Fireworks at 2507 North 7th Avenue
1:20:01 PM County Planner Paul Bussi Staff report on variance, submitted letter from Division of Criminal Investigation labeled Exhibit J-Item #20.
1:22:52 PM Discussion and Questions
1:23:35 PM Annette Kunda Applicant presentation on variance.
1:24:30 PM County Attorney Marty Lambert Discussion and Questions
1:25:18 PM There was no public comment.
1:25:33 PM Commissioner Murdock I move that we approve the variance for the Kunda's. It's been there for several years, there is no evidence that this is contrary to the public interest. The distance from the edge of the pavement I think is more than adequate and as our County Attorney pointed out that they will now be moving it where its even less of a variance than it used to be. I think that if we were to require them to meet the zoning requirement it would impose an unnecessary hardship on these folks. It's a large right of way, the pavements not anywhere near the edge of it so its unique to the property. I think that we have met the spirit of the ordinance.
1:26:14 PM Commissioner Mitchell Second
1:26:24 PM Motion passed unanimously.
1:26:38 PM County Planner Paul Bussi Staff report on application.
1:27:15 PM Annette Kunda Applicant presentation on application.
1:29:04 PM There was no public comment.
1:29:39 PM Commissioner Mitchell I move that we approve the Kunda Wild Coyote fireworks stand with all the conditions and findings, as set on the previous applications.
1:29:53 PM Commissioner Murdock Second
1:30:05 PM Motion passed unanimously.
1:30:27 PM Tom Lawrence, Christian Center Church Comments
1:31:18 PM Bryan Connelley, Assistant Chief Belgrade Rural Fire Comments
1:32:10 PM Chairman Vincent Recess
2:36:55 PM Chairman Vincent Reconvene- agenda adjustment moving to agenda Item #13, Public Hearing and Consideration of Request for Family Transfer Exemption for Rob Lowis
2:37:21 PM Belgrade City-County Planner Jason Karp Staff report
2:39:00 PM Robert Lowis, applicant Sworn in by the County Attorney and testified under oath.
2:45:16 PM There was no public comment.
2:45:37 PM Commissioner Murdock Based on the testimony we've received I think that this is a proper use of the family transfer exemption.
2:45:54 PM Commissioner Mitchell Second
2:46:26 PM Motion passed unanimously.
2:46:32 PM Chairman Vincent Continuation on Public Hearing and Consideration of Preliminary Plat for Arbor Mills Subdivision
2:46:46 PM Discussion and Questions between the Commission, County Attorney and Leanne Schraudner, Schraudner & Hillier, the applicant's attorney.
2:50:31 PM County Attorney Marty Lambert Advice on how to proceed.
2:51:14 PM Belgrade City-County Planner Jason Karp Staff report, submitted and labeled Exhibit A-Item #14, the following correspondence: 2 letters from Leanne Shraudner, Attorney, Schraudner & Hillier; 2 letters from Lois Kahler, attached to one letter was a petition signed by approximately 78 individuals in opposition; Mark Haggerty, Greater Yellowstone Coalition; William R. White; George Paquette; Donna and Jackson Kurk; Alex and Roxann Martin;Seth Chesley; and Nancy Roth.
2:56:32 PM Leanne Schraudner, Attorney, Schraudner & Hillier Comments on behalf of clients Matt Nistler and Jeff Meyer
2:58:10 PM Mark Chandler, Surveyor, C & H Engineering & Surveying Presentation on behalf of applicants.
3:03:59 PM Leanne Schraudner, Attorney, Schraudner & Hillier Presentation on behalf of clients Matt Nistler and Jeff Meyer
3:11:06 PM County Attorney Marty Lambert Discussion and Questions with Ms. Schraudner
3:14:22 PM Public comment Bill Marx; Seth Chesley; Russ Kamerman; Mark Haggerty (unavailable to speak); Charles Page; Tony Kolnik submitted graphs consisting of 4 pages and a 1 page summary of the Gallatin Water Users Steering Committee April 8th meeting labeled Exhibit B-Item #14; Dave Pruitt; Lois Kahler; and Nancy Chesley.
3:52:32 PM Discussion and Questions
3:53:25 PM County Attorney Marty Lambert Advice
3:53:59 PM Mark Chandler, Surveyor, C & H Engineering & Surveying Rebuttal
3:55:25 PM Leanne Schraudner, Attorney, Schraudner & Hillier Rebuttal
3:59:38 PM Board discussion
4:14:32 PM County Attorney Marty Lambert Advice
4:14:54 PM Commissioner Murdock I move that we deny the subdivision as proposed, the Arbor Mills Subdivision, finding that I don't think the main issue of water as we've discussed here today can be adequately mitigated in the interest of public safety, health, welfare and I would enter the findings already entered for the reasons for that denial.
4:15:23 PM Commissioner Mitchell Second
4:15:36 PM Board discussion
4:16:35 PM Motion passed unanimously.
4:16:40 PM Recess
4:27:34 PM Reconvene- Resolution of Intent to Amend the County Senior Citizens Fund FY 2004 Operating Budget to transfer Budget Authority From Adult Day Care to Galavan in the Amount of $4,875
4:28:17 PM Fiscal Officer Ed Blackman Presentation
4:29:14 PM There was no public comment.
4:29:23 PM Commissioner Murdock Move to approve Resolution of Intent #2004-055.
4:29:30 PM Commissioner Mitchell Second
4:29:40 PM Motion passed unanimously.
4:29:43 PM Chairman Vincent Public Hearing and Consideration of Request for Family Transfer Exemption for Dewey
4:29:54 PM County Planner Victoria Drummond Staff report, noting error and correcting applicants name to Janice Dewey, rather than Nancy Dewey.
4:31:52 PM Discussion and Questions
4:32:43 PM William Dewey, applicant Sworn in by the County Attorney and testified under oath.
4:40:04 PM Discussion and Questions
4:41:53 PM There was no public comment.
4:42:18 PM Commissioner Murdock Comments, this a proper use of a family transfer exemption and I think that it is based on the testimony received, so I move that we approve it (family transfer exemption for Dewey).
4:42:56 PM Chairman Vincent Second
4:43:01 PM Board discussion
4:44:46 PM Motion passed 2:1. Commissioner Mitchell opposed.
4:44:53 PM County Attorney Marty Lambert Comments
4:46:16 PM Chairman Vincent Public Meeting and Consideration of Request for Improvements Agreement for Locati Minor Subdivision
4:46:38 PM County Planner Christopher Scott Staff report
4:47:58 PM Discussion and Questions
4:49:15 PM Mark Fasting, Gaston Engineering & Surveying Presentation on behalf of the applicant.
4:50:07 PM There was no public comment.
4:50:20 PM Commissioner Murdock I move that we approve the Improvements Agreement for the Locati Minor Subdivision.
4:50:27 PM Commissioner Mitchell Second
4:50:47 PM Motion passed unanimously.
4:50:52 PM Chairman Vincent Public Hearing and Consideration of Request for Final Plat Approval for Locati Minor Subdivision
4:50:58 PM County Planner Christopher Scott Staff report, submitted letter from Richard Fast, labeled Exhibit A-Item #11.
4:55:07 PM Discussion and Questions
4:55:19 PM There was no public comment.
4:55:44 PM Discussion and Questions
4:57:09 PM Planner Randy Johnson Comments
4:58:03 PM Commissioner Murdock I move, finding that they have met all the conditions of final plat approval that we grant them final plat approval.
4:58:10 PM Commissioner Mitchell Second
4:58:20 PM Motion passed unanimously.
4:58:27 PM Chairman Vincent Public Hearing and Request for Preliminary Plat Approval for Faber Minor Subdivision
4:58:46 PM County Planner Victoria Drummond Staff report
5:02:57 PM Discussion and Questions
5:03:59 PM No applicant or representative available for presentation.
5:04:50 PM Commissioner Murdock Comment
5:06:17 PM Commissioner Mitchell I move that we approve the preliminary plat for Faber Minor Subdivision, located south of Churchill Road in the center of downtown Churchill, finding that it meets all the criteria of Section 76-3-608 of the MCA, the Montana Subdivision and Platting Act, the Gallatin County Subdivision Regulations and the goals and objectives of the Growth Policy, with the conditions as submitted by staff #1-20.
5:07:00 PM Chairman Vincent Second
5:07:24 PM Motion passed 2:1. Commissioner Murdock abstained.
5:08:25 PM Chairman Vincent Public Hearing and Consideration of Request for Final Plat for Heinle Minor Subdivision
5:08:39 PM County Planner Victoria Drummond Staff report
5:10:17 PM Eldo Heinle Applicant presentation
5:10:53 PM There was no public comment.
5:11:12 PM Commissioner Mitchell I move to approve the Heinle Minor Subdivision, based on the staff findings that all of the conditions for final plat approval have been met.
5:11:28 PM Commissioner Murdock Second
5:11:36 PM Motion passed unanimously.
5:11:44 PM Chairman Vincent Continued at the request of Planning Director Jennifer Madgic- Public Hearing and Consideration of Comprehensive Changes to the Gallatin County Planning Department Fee Schedule
5:11:54 PM Chairman Vincent Public Hearing and Consideration of Request for Final Plat Approval for Mastandrea Minor Subdivision
5:12:14 PM County Planner Christopher Scott Staff report
5:13:51 PM There was no public comment.
5:13:59 PM Commissioner Mitchell I move that we approve final plat approval for this minor subdivision, since the staff says all the conditions have been met.
5:14:12 PM Commissioner Murdock Second, noting that it is Mastandrea.
5:14:28 PM Motion passed unanimously.
5:14:36 PM Chairman Vincent Public Hearing and Consideration of Request for Preliminary Plat Approval for Meade-Colbert Minor Subdivision
5:14:51 PM County Planner Christopher Scott Staff report
5:20:56 PM Discussion and Questions
5:21:28 PM Greg Finck, Surveyor, Allied Engineering Services Presentation, submitted map outlining area compatibility.
5:25:39 PM There was no public comment.
5:26:00 PM Discussion and Questions
5:27:50 PM Commissioner Murdock Noted that the outline of area compatibility submitted by Mr. Finck was labeled Exhibit A-Item #6.
5:28:09 PM County Attorney Marty Lambert Advice and Discussions with Commission, County Planner Randy Johnson and Mr. Finck
5:38:54 PM Commissioner Murdock Asked if the applicant would agree to include language that would state as follows: Subdivision lot owners are required to enter into a joint agreement with the property homeowners association for the maintenance of Wierda Way, the existing access road. A copy of the joint agreement shall be submitted to the County Planning Department prior to final plat approval.
5:39:13 PM Greg Finck, Surveyor, Allied Engineering Services Yes, definitely.
5:39:18 PM County Attorney Marty Lambert Asked if the applicant would agree to be subject to an additional condition that all properties are also subject to the Declaration of Restrictive Covenants found in Film 169 Page 793, as filed for record in the Clerk and Recorder's Office.
5:39:37 PM Greg Finck, Surveyor, Allied Engineering Services Yes, that would be fine.
5:39:54 PM Board discussion
5:41:39 PM Commissioner Mitchell I move that we approve the preliminary plat for the Meade-Colbert Minor Subdivision, finding that it complies with the goals and policies, our Growth Policy the Montana Subdivision and Platting Act statutes and the County Subdivision Regulations with the conditions #1-16 and the addition of #17 and 18 as spelled out for the record.
5:42:28 PM Commissioner Murdock Second
5:42:44 PM Discussion
5:43:05 PM Motion passed unanimously.
5:43:09 PM Chairman Vincent Public Hearing and Consideration of Resolution to Amend the Gallatin County FY 2004 Budget by Appropriating $7,500 in Revenues Received from the Montana Arts Council, Pass Through to the Gallatin County Historical Society
5:43:41 PM There was no public comment.
5:43:50 PM Commissioner Murdock Move to approve (Resolution #2004-056).
5:43:52 PM Commissioner Mitchell Second
5:44:01 PM Motion passed unanimously.
5:44:23 PM County Planner Victoria Drummond, on behalf of Planning Director Jennifer Madgic Staff report Public Hearing and Consideration of a Variance Request by Morvay in the Springhill Zoning District
5:47:12 PM Commissioner Murdock Your variance was a very easy one to grant at the Springhill Zoning Commission hearing and I would enter all the same findings and conditions and move to approve as we did at that publicly held meeting.
5:47:39 PM There was no public comment.
5:47:46 PM Commissioner Mitchell Second
5:47:55 PM Motion passed unanimously.
5:47:57 PM There was no public comment on matters within the Commission's jurisdiction. There were no pending resolutions .
5:48:13 PM Meeting adjourned.
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