Gallatin County Commissioners' Journal April 27, 2004
Time Speaker Note
9:04:45 AM Chairman Vincent Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Vincent, Mitchell and Murdock, and Acting Clerk to the Board Mary Miller.
9:05:53 AM Commissioner Mitchell Read the consent agenda as follows: 1. Approval of Claims. 2. Approval of Contract(s): Bridger View Vending for Vending Services in County Facilities; Kleen King Janitorial Services Agreement; and Approval of YMCA Lease. 3. Approval of Applications for Cancellation of Taxes for Parcel Number(s): PPP17645 and PPP11919 totaling $1,343.44. 4. Consideration of Request for Common Boundary Relocation Exemption for Simon. 5. Consideration of Request for Common Boundary Relocation Exemption for Westland Enterprises, Inc. 6. Consideration of Request for Common Boundary Relocation Exemption for Manhattan Meadow Living, LLC. 7. Consideration of Request for Common Boundary Relocation Exemption for Johnson/Guttman
9:07:30 AM Board discussion
9:08:13 AM Chairman Vincent Continue consent agenda Item #2, Approval of YMCA Lease until later in the meeting.
9:09:01 AM Commissioner Mitchell Move to approve the consent agenda, as modified.
9:09:04 AM Commissioner Murdock Second
9:09:12 AM Motion passed unanimously.
9:09:15 AM Chairman Vincent Proclamation Declaring Alcohol Awareness Month
9:09:32 AM Shelley Johnson, Director, Alcohol and Drug Services of Gallatin County Read the proclamation
9:13:53 AM Becky Robideaux, Adolescent Resource Center, Division of Alcohol and Drug Services Comments
9:15:03 AM Jenna Caplette, Director, DUI Task Force Comments
9:18:05 AM Daphney Collins, Community that Cares Coordinator, Alcohol and Drug Services Comments
9:20:42 AM Commission comment
9:21:37 AM Commissioner Mitchell I move that we approve April as Alcohol Awareness Month.
9:21:44 AM Commissioner Murdock Second
9:21:45 AM Commission comment
9:23:42 AM Motion passed unanimously.
9:23:48 AM Chairman Vincent Summarized prior discussion regarding the YMCA lease to County Attorney Marty Lambert.
9:24:42 AM County Attorney Marty Lambert Comments and Discussion. He requested that it be continued until later on in the agenda.
9:33:41 AM Russ McElyea, Attorney Comments
9:38:39 AM Chairman Vincent Moved consideration of the YMCA lease after agenda Item #5.
9:39:07 AM Board discussion
9:41:38 AM Commissioner Mitchell I move that we move the YMCA lease consideration to the agenda for the County Commission to next week.
9:41:51 AM Chairman Vincent Second
9:41:55 AM Discussion
9:42:33 AM Motion failed 1:2. Commissioners Vincent and Murdock opposed.
9:42:38 AM Chairman Vincent Placed consideration of the YMCA lease after agenda Item #5. Public Hearing and Consideration of a Resolution Committing the Current Road Department Property to the Fairgrounds Upon Vacation by the Road Department
9:43:22 AM Public comment Greg Raths, Chairman, Gallatin County Fairboard; Sue Shockley, Director, Gallatin County Fairgrounds; Jeff Rupp, HRDC; Blair Howze, member, Gallatin County Fairboard; and Lorna Simard, Fairgrounds Foundation
9:47:36 AM Discussion and Questions
9:50:03 AM Board discussion
9:55:16 AM Commissioner Murdock I will move that we approve Resolution #2004-057, returning and making it official that the 10 acres of the Road Department property be given back to the Fairgrounds.
9:55:33 AM Commissioner Mitchell Second
9:55:44 AM Motion passed unanimously.
9:55:50 AM Chairman Vincent Continuation on Public Hearing on a Resolution to Amend the Gallatin County FY 2004 Budget by Appropriating $6,195.00 in Revenues Received from the US Office of Domestic Preparedness Program to the Disaster and Emergency Services LEPC Planning Grant
9:56:20 AM Jason Shrauger, Coordinator, DES Presentation
9:57:06 AM There was no public comment.
9:57:17 AM Commissioner Mitchell I move that we approve Resolution #2004-058, amending the Gallatin County FY 2004 Budget by Appropriating $6,195.00 in Revenues Received from the US Office of Domestic Preparedness Program to the Disaster and Emergency Services LEPC Planning Grant, finding that Jason detailed what this money was going to be used for when we discussed the resolution of intent.
9:57:46 AM Commissioner Murdock Second
9:57:54 AM Motion passed unanimously.
9:57:59 AM Chairman Vincent Continuation on Public Hearing and Consideration of a Resolution to Amend the Gallatin County FY 2004 Budget by Appropriating $2,839.53 in Revenues Received from the US Office of Domestic Preparedness Program to the Disaster and Emergency Services LEPC Planning Grant
9:58:32 AM Jason Shrauger, Coordinator, DES Presentation
9:59:02 AM There was no public comment.
9:59:20 AM Discussion
9:59:55 AM Commissioner Mitchell I move that we approve Resolution #2004-059, amending the Gallatin County FY 2004 Budget by Appropriating $2,839.53 in Revenues Received from the US Office of Domestic Preparedness Program to the Disaster and Emergency Services LEPC Planning Grant.
10:00:14 AM Commissioner Murdock Second
10:00:23 AM Motion passed unanimously.
10:00:33 AM Chairman Vincent Public Hearing and Consideration of a Resolution of Intent to Amend the Pre-Trial FY 2004 Operating Budget to Include Funds in the Amount of $14,033 Transferred From the PILT Operating Budget for Salary and Wages and the Purchase of Computer and Furniture
10:00:56 AM Andrea Lower, Officer, Pre-Trial Services Presentation
10:01:21 AM Discussion and Questions
10:01:50 AM There was no public comment.
10:01:58 AM County Attorney Marty Lambert Comments
10:03:23 AM Board discussion
10:05:14 AM Commissioner Murdock Move to approve #2004-060.
10:05:20 AM Commissioner Mitchell Second
10:05:36 AM Motion passed unanimously.
10:05:39 AM Chairman Vincent Reconsideration of the YMCA lease
10:05:46 AM County Attorney Marty Lambert Advice
10:07:22 AM Bratton Dubose, President, Gallatin Valley YMCA Presentation
10:10:17 AM Martha Lonner, President, FORParks Comments
10:15:35 AM County Attorney Marty Lambert Comments
10:17:03 AM Chairman Vincent Noted that the County Attorney needs to rewrite the lease in order to clear up some clerical references and this will be on the agenda next week for consideration. Public comment will be left open.
10:18:31 AM Board discussion
10:22:15 AM Recess
10:35:13 AM Reconvene- Public Hearing and Consideration of Request for Preliminary Plat Approval for the Spanish Peaks Resort Phase 1, Major Subdivision
10:35:28 AM County Planner Randy Johnson Staff Report
10:49:20 AM Discussion and Questions
10:56:58 AM Bob Lee, Land Use Planner, Morrison-Maierle, Inc Presentation on behalf of the applicant.
11:14:35 AM Discussion and Questions
11:15:08 AM Peter Forsch, President, Spanish Peaks Resort LLC Comments
11:16:07 AM Mike Kaczmarek, Chief Geologist, Morrison-Maierle, Inc Presentation on behalf of the applicant.
11:20:25 AM Discussion and Questions
11:21:57 AM Lou Gilpin, Engineering Geologist, Gilpin Geo-Sciences Presentation on behalf of the applicant.
11:27:36 AM Discussion and Questions
11:28:53 AM Peter Forsch, President, Spanish Peaks Resort LLC Comments
11:30:22 AM Discussion and Questions
11:35:32 AM There was no public comment.
11:36:00 AM Bob Lee, Land Use Planner, Morrison-Maierle, Inc Comments
11:36:33 AM Discussion and Questions
11:38:37 AM Board discussion
11:40:26 AM Commissioner Murdock Suggested the addition of the following condition: The subdivider shall pay a proportionate share based on documented analysis of their impacts at build out and during construction for Gallatin County funds needed to build and improve an I-90 airport interchange and connecting roads to Jackrabbit Lane. This requirement would only be met if the feasibility study proved that the interchange is feasible.
11:40:55 AM Discussion and Questions
11:42:35 AM County Attorney Marty Lambert Advice
11:45:12 AM Discussion
11:46:04 AM Chairman Vincent Suggested changing the language for the additional condition as follows: Should Gallatin County adopt a policy regarding proportionate share of interchange costs by such and such a date the developer would agree to pay a proportional share based on engineering documentation.
11:46:38 AM County Attorney Marty Lambert Comments
11:47:26 AM Commissioner Murdock Discussion and Questions with Mr. Forsch
11:49:42 AM County Attorney Marty Lambert Advice
11:51:36 AM Chairman Vincent Suggested changing the language for the additional condition as follows: Should Gallatin County adopt a policy regarding proportionate share of interchange costs the developer agrees to negotiate in good faith with Gallatin County to establish a voluntary contribution. It would be contingent upon the County actually passing a policy.
11:52:29 AM County Attorney Marty Lambert Advice
11:52:50 AM Discussion and Questions
11:55:07 AM Commissioner Murdock I move that we grant the waiver, the modification from the Design and Improvement Standards found in Section 7 of the Gallatin County Subdivision Regulations which require that our county road standards be met. I guess I would find that by waiving them for the PUD application based on ash toast standards as described and entered into the record by Bob Lee are appropriate.
11:55:41 AM Commissioner Mitchell Second
11:55:46 AM Commissioner Murdock And that public health, safety and welfare would not be adversely affected. Actually to the contrary I think using the ash toast standards would enhance the interest of the public.
11:55:56 AM Commissioner Mitchell Second, concurs.
11:56:06 AM Motion passed unanimously.
11:56:09 AM Commissioner Murdock I move that we approve the subdivision as presented with all the conditions as presented by staff with one addition which you have written down (Chairman Vincent stated he would read it) and as a finding for that motion I would find that this comports with the Big Sky Area Master Plan, Big Sky Gallatin Canyon Zoning District Master Plan and zoning requirements. I would find that it meets the intent and purposes of the MCA Subdivision law. I think that they have adequately mitigated all of our concerns regarding water regarding soils and geology, with this new condition, even traffic.
11:57:14 AM Commissioner Mitchell Second
11:57:15 AM Chairman Vincent The condition referenced by Mr. Murdock in his motion, would read: Should Gallatin County adopt a policy addressing fees based on a proportionate share of costs for the airport I-90 interchange the developer agrees to negotiate in good faith with Gallatin County, prior to final plat approval to establish a voluntary contribution to the airport I-90 interchange project.
11:58:22 AM County Attorney Marty Lambert Comments and Advice
11:59:23 AM Commissioner Mitchell Withdraw my second, cause I can't support the addition of that condition.
12:00:10 PM Chairman Vincent Second
12:00:49 PM Motion passed 2:1. Commissioner Mitchell opposed.
12:01:40 PM Recess
1:27:10 PM Chairman Vincent Reconvene- Adjustments to the regular agenda as follows: move to #14, Public Hearing and Consideration of a Resolution of Intent to Amend the Gallatin County FY 2004 Budget By Appropriating $500,000 in Revenues Received from the Montana Department of Commerce, CDBG Housing Project and then #12, Public Hearing and Consideration of Request for Family Transfer exemption for Hansen. Commissioner Murdock was absent.
1:28:13 PM Tracy Blain, HRDC Presentation
1:29:41 PM Discussion and Questions
1:30:15 PM Grants Administrator Larry Watson Presentation
1:30:58 PM Discussion and Questions
1:32:03 PM There was no public comment.
1:32:18 PM Commissioner Mitchell I move that we approve Resolution #2004-061, resolution of intent to amend our county budget by appropriating basically passing through the $500,000 in revenues received from the Montana Department of Commerce CDBG Housing Project.
1:32:34 PM Chairman Vincent Second
1:32:41 PM Motion passed unanimously.
1:32:49 PM Chairman Vincent Public Hearing and Consideration of Request for Family Transfer exemption for Hansen
1:33:39 PM Planning Director Jennifer Madgic, on behalf of Planner Victoria Drummond Staff report
1:34:28 PM Discussion and Questions
1:35:38 PM Jay Hansen, applicant Sworn in by the County Attorney and testified under oath.
1:40:34 PM Discussion and Questions
1:41:07 PM There was no public comment.
1:41:46 PM Commissioner Mitchell I'm satisfied that the Hansen family transfer application meets the criteria and intent to the Montana Subdivision family transfer exemption requirements, and so I move that we approve it.
1:42:09 PM Chairman Vincent Second
1:42:16 PM Motion passed unanimously.
1:42:24 PM Chairman Vincent Public Hearing and Consideration of a Resolution Designating the Environmental Certifying Officer for "The Road to Home" CDBG Housing Project
1:42:42 PM Grants Administrator Larry Watson Presentation
1:43:48 PM Discussion and Questions
1:44:58 PM There was no public comment.
1:45:15 PM Commissioner Mitchell I move that we approve Resolution #2004-062.
1:45:21 PM Chairman Vincent Second
1:45:26 PM Motion passed unanimously.
1:45:35 PM Chairman Vincent Consideration of a Resolution of the Gallatin County Commission Amending the Official Zoning Map for the Gallatin Canyon/Big Sky Zoning District (Public Hearing Held on April 8, 2004)
1:45:54 PM County Planner Randy Johnson Presentation
1:46:28 PM There was no public comment.
1:46:37 PM Commissioner Mitchell I move that we approve Resolution #2004-063, amending the Official Zoning Map for the Gallatin Canyon/Big Sky Zoning District.
1:46:49 PM Chairman Vincent Second
1:46:51 PM Board discussion
1:47:12 PM Motion passed unanimously.
1:47:18 PM Chairman Vincent Public Hearing and Consideration of an Improvements Agreement for the Amended Plat of the Big Sky Town Center Subdivision, Phase 1, Block 2, Lots 1-11: Block 5, Lots 1 & 9; and Road Tract 1
1:47:35 PM County Planner Randy Johnson
Presentation
1:48:28 PM Discussion and Questions
1:48:35 PM County Attorney Marty Lambert Comments
1:48:59 PM Discussion and Questions
1:49:30 PM Bill Simkins Applicant comments
1:50:23 PM There was no public comment.
1:50:41 PM Commissioner Mitchell I move that we approve the Improvements Agreement for the amended plat of the Big Sky Town Center Subdivision, Phase 1, Block 2, Lots 1-11, Block 5, Lots 1 & 9, and Road Tract 1.
1:50:54 PM Chairman Vincent Second
1:51:00 PM Motion passed unanimously.
1:51:07 PM Chairman Vincent Public Hearing and Consideration of Final Plat Approval for the Amended Plat of the Big Sky Town Center Subdivision, Phase 1, Block 2, Lots 1-11; Block 5, Lots 1 & 9; and Road Tract 1
1:51:22 PM County Planner Randy Johnson Presentation
1:52:18 PM There was no public comment.
1:52:30 PM Commissioner Mitchell Finding that the final plat for the Big Sky Town Center Subdivision, Phase 1, Block 2, Lots 1-11, Block 5, Lots 1 & 9, and Road Tract 1 meet the Section 5.E.1 of the Gallatin County Subdivision Regulations and Montana Code Annotated Section 76-3-611 and that the planning staff has reviewed it and for conformity to those chapters and regulations, I move that we approve this final plat.
1:53:12 PM Chairman Vincent Second
1:53:20 PM Motion passed unanimously.
1:53:25 PM Chairman Vincent Continuation on Public Hearing and Consideration of a Request for a Condition Modification to the Preliminary Plat of the Antelope Ridge Major Subdivision
1:53:46 PM County Planning Director Jennifer Madgic Requested on behalf of the applicant a continuance until next week.
1:54:00 PM Discussion and Questions
1:55:07 PM Chairman Vincent Continuation on Public Hearing and Consideration of Comprehensive Changes to the Gallatin County Planning Department Fee Schedule
1:55:17 PM County Planning Director Jennifer Madgic Presentation
1:58:37 PM Discussion and Questions
2:00:49 PM There was no public present to comment.
2:01:01 PM County Attorney Marty Lambert Comments
2:03:38 PM Commissioner Mitchell Finding that there's no public here to protest this, I move that we go ahead and approve the Planning Department fee schedule effective, revised fee schedule effect May 1, 2004, as presented.
2:03:55 PM Chairman Vincent Second
2:04:03 PM Motion passed unanimously.
2:04:05 PM Chairman Vincent There were no Pending Resolutions . There was no public comment on matters within the Commission's jurisdiction.
2:04:26 PM Meeting adjourned.
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