Description Gallatin County Commissioners' Journal May 18, 2004
Date 05/18/2004 Location County Commission
Time Speaker Note
9:04:47 AM Chairman Vincent Call to order, Moment of Silence, Pledge of Allegiance. Present were Commissioner Vincent until 11:55 a.m., Commissioners Mitchell and Murdock, County Attorney Lambert and Acting Clerk to the Board Kathy Sinnema.
9:05:35 AM Chairman Vincent Announce agenda adjustment: Continue at later date Consent Agenda item #5 Continuation on Consideration of a Request for Common Boundary Relocation Exemption for Enterprise Ranch; continue at later date Regular Agenda item #5 Public Hearing and Consideration of Request for Preliminary Plat Approval for the Milligan Minor Subdivision No. 2; and continue until 5/25/04 Regular Agenda item #1 Public Hearing and Consideration of a Resolution of Intent to Amend Enforcement Procedures for Zoning Violations in 201 Zoning Districts of Gallatin County.
9:08:59 AM Commissioner Mitchell Read the Consent Agenda as follows: 1. Approval of Claims 2. Approval of Minutes for Public Meetings May 13, 20, 27, 2003; June 3, 10, 17, 24, 2003; July 1, 8, 15, 22, 29, 2003; August 5, 2003 3. Approval of Office Meeting Minutes for August 18, 20, 25, 2003; September 3, 8, 15, 17, 29, 2003; October 15, 2003 4. Request for Common Boundary Relocation Exemption for L&C Holdings, LLC 5. Continue at later date 6. Approval of Contracts: Interlocal Agreement between Gallatin County and District IX HRDC to facilitate the Community Development Block Grant Program Contract #MT-CDGB-04HR-01 for the "Road to Home" Housing Project; Morrison-Maierle Task Order 0928.138 - Oak Street Boundary Realignment Survey; Morrison-Maierle FY 2004-2005 RID Maintenance Overlay and Crack Sealing Contract for Engineering
Services; and Montana Board of Crime Control for the FY 05 Missouri River Drug Task Force Project Contract
9:11:12 AM Chairman Vincent There was no public comment.
9:11:26 AM Commissioner Mitchell Move that we approve the Consent Agenda as modified.
9:11:29 AM Commissioner Murdock Second
9:11:35 AM Motion passed unanimously.
9:11:43 AM Chairman Vincent Board discussion on Regular Agenda #1 Public Hearing and Consideration of a Resolution of Intent to Amend Enforcement Procedures for Zoning Violations in 201 Zoning Districts of Gallatin County. Public comment on any matters within the Commission's jurisdiction.
9:12:31 AM Public comment Anson Crutcher regarding Regular Agenda item #1 and continuations on the agenda.
9:14:35 AM Board discussion
9:15:21 AM Public comment Anne Rusoff and Rick Klein regarding item #1, continuations on the agenda and price of chairs in the Community Room.
9:22:12 AM Discussion and questions including County Attorney Lambert and Anson Crutcher.
9:33:04 AM Chairman Vincent Continuation on Public Hearing and Consideration of Comprehensive Amendments to the Gallatin County Subdivision Regulations (to be continued until June 22, 2004)
9:33:24 AM County Planner Randy Johnson Comments
9:34:26 AM County Attorney Marty Lambert Comments
9:34:44 AM Board discussion
9:35:53 AM Public comment Steve White
9:39:55 AM Discussion and questions including Steve White and County Attorney Lambert.
9:42:01 AM Chairman Vincent Receipt of Petition Requesting Creation of the East Gallatin Zoning District
9:42:16 AM County Planning Director Jennifer Madgic Presentation
9:43:11 AM Discussion and questions with clarification from County Attorney Lambert.
9:48:22 AM County Planning Director Jennifer Madgic Staff comments
9:49:56 AM Public comment Joel Shouse, Consultant representing landowners of petition; and Buck Johnston
10:12:54 AM Chairman Vincent Receipt of Exhibits A-K, Item #3 petitions from individual landowners.
10:14:15 AM Public comment Joe Sabatini
10:19:57 AM Board discussion
10:20:07 AM Public comment Melvin Brown
10:20:44 AM Board discussion
10:21:16 AM Public comment Fred Tubb with question to County Attorney Lambert.
10:23:09 AM County Planner Director Jennifer Madgic Staff comments
10:23:30 AM Public comment Bob Spring
10:24:34 AM Discussion and questions including County Attorney Lambert
10:32:12 AM Commissioner Murdock Comments and motion that we accept the signatures and boundaries and regulation as written. At this point they're draft form only, but I move that we accept them and direct them to the two Planning Boards: the Belgrade Planning Board, the Gallatin County Planning Board - to make recommendations, hold a duly noticed public hearing on the matter, per the law, to make recommendations to us on the boundaries and on the general character of the proposed regulations.
10:33:38 AM County Attorney Marty Lambert Advice
10:33:53 AM Chairman Vincent Second
10:33:56 AM Board discussion
10:34:38 AM County Attorney Marty Lambert Advice
10:35:01 AM Chairman Vincent Recess
10:53:32 AM Chairman Vincent Reconvene to meeting
10:53:35 AM County Planner Director Jennifer Madgic Staff comments and submittal of Exhibit L, Item #3 petition and map.
10:54:58 AM Discussion and questions including Joel Shouse, Consultant and County Attorney Lambert.
11:09:21 AM Motion passed 2:1. Commissioner Mitchell opposed.
11:09:57 AM Chairman Vincent Public Hearing and Consideration of Simmonds/Thompson Conditional Use Permit
11:10:30 AM County Planner Sean O'Callaghan Staff report including error: on May 11, 2004 four written comments were received on the application.
11:16:35 AM Michael Simmonds Applicant presentation
11:18:19 AM Commission and County Attorney questions
11:25:56 AM Chairman Vincent There was no public comment.
11:26:11 AM Commission questions
11:26:57 AM County Planner Sean O'Callaghan Comments
11:27:46 AM Discussion and questions
11:30:26 AM Commissioner Murdock I will make the motion to approve.
11:30:32 AM Commissioner Mitchell Second
11:30:35 AM Commissioner Murdock Amend the motion: Approved with the conditions that have been sighted by Commissioner Murdock and Commissioner Mitchell.
11:30:43 AM Commissioner Mitchell Amended second
11:30:50 AM Motion passed unanimously.
11:31:08 AM Chairman Vincent Public Hearing and Consideration of Request for Preliminary Plat Approval for the Lost Trail Minor Subdivision
11:31:20 AM Belgrade City-County Planner Jason Karp Staff report
11:39:04 AM Commission questions
11:41:32 AM Dennis Foreman, Surveyor, Gaston Engineering Applicant presentation on behalf of client Adam Arnold.
11:42:47 AM Discussion and questions
11:43:39 AM Public comment Rudy Suta
11:45:35 AM Commission questions
11:47:04 AM Belgrade City-County Planner Jason Karp Comments, suggests additional covenant 5(m) to read; Provision for the control of pets.
11:48:04 AM Discussion and questions.
11:49:04 AM Chairman Vincent Remove condition #18 The final plat shall show the Lost Trail right-of-way (or public road easement) extended to the west boundary of the subdivision between Lot 1 and the Open space to facilitate future subdivision.
11:51:11 AM Commissioner Murdock I'm going to make a motion that we to approve this variance. I will move that we grant the variance finding that we have done this for all similar subdivisions in the area for similar reasons, that the traffic's not there; well it's in the public interest to grant it, we're being consistent, it will not adversely impact the neighbors.
11:51:47 AM Commissioner Mitchell Second
11:51:58 AM Motion passed unanimously.
11:52:02 AM Commissioner Murdock Now I will move that we approve the subdivision subject to the conditions written by Jason Karp with an additional 5(m) which would include covenants for the control of pets, the language which he's already read into the record and will give to Kathy, and that we delete condition #18, finding that this comports with the Belgrade Area Mater Plan and Gallatin County Subdivision Regulations and Montana Law. And it's an area, I would also add, that has similar development.
11:52:42 AM Commissioner Mitchell Second
11:52:44 AM Board discussion
11:54:16 AM Motion passed unanimously.
11:54:22 AM Chairman Vincent Excused himself from the meeting. Commissioner Murdock now acting chairman.
11:54:38 AM Acting Chairman Murdock Public Hearing and Consideration of Request for Final Plat Approval for the Pipkin Commercial Subdivision
11:54:50 AM Belgrade City-County Planner Jason Karp Staff report
11:56:14 AM Ray Center, Rocky Mountain Engineers Applicant presentation on behalf of Jeff Pipkin of Pipkin, Inc.
11:56:36 AM Commissioner Mitchell I move that we approve the Pipkin Commercial Subdivision final plat finding that the staff says that all of the conditions have been met.
11:56:52 AM Acting Chairman Murdock Second
11:56:54 AM Motion passed unanimously.
11:56:57 AM Acting Chairman Murdock Bid Opening for 2004 RID Maintenance Program
11:57:30 AM Jack Schunke, Morrison-Maierle Bids received from JTL Group, Inc. of Belgrade and Big Sky Asphalt, Inc. of Bozeman
12:01:55 PM Commission questions
12:02:39 PM Acting Chairman Murdock Continue award of bid until 5/25/04 public meeting.
12:02:57 PM Discussion and questions
12:05:07 PM Acting Chairman Murdock There was no public comment. Public Hearing and Consideration of a Resolution Amending the Gallatin County FY 04 Budget by Appropriating $33,500 in Revenues Received from the Montana Department of Transportation, Highway Traffic Safety Equipment Grant
12:05:43 PM Grants Administrator Larry Watson Presentation
12:06:01 PM Acting Chairman Murdock There was no public comment.
12:06:07 PM Commission questions
12:06:26 PM Commissioner Mitchell I move that we approve Resolution 2004-071.
12:06:30 PM Acting Chairman Murdock Second
12:06:32 PM Motion passed unanimously.
12:06:34 PM Acting Chairman Murdock Public Hearing and Consideration of a Resolution Designating the Environmental Certifying Officer for the HRDC/Habitat "River Rock Homes" Project Funded by a 2004 MDOC Home Grant
12:06:50 PM Grants Administrator Larry Watson Presentation
12:07:31 PM Acting Chairman Murdock There was no public comment.
12:07:35 PM Commissioner Mitchell I move that we approve Resolution 2004-072.
12:07:39 PM Acting Chairman Murdock Second
12:07:41 PM Motion passed unanimously.
12:07:43 PM Acting Chairman Murdock Public Hearing and Consideration of a Resolution of Intent to Amend the Gallatin County G.I.S. Operating 2004 Budget to Include Unanticipated Revenues in the Amount of $5,070 for Mapping Services from the Bozeman Watershed Council and Gallatin County Planning
12:08:01 PM Fiscal Officer Ed Blackman Presentation
12:08:26 PM Acting Chairman Murdock There was no public comment.
12:08:33 PM Commissioner Mitchell I move that we approve Resolution of intent 2004-073.
12:08:38 PM Acting Chairman Murdock Second
12:08:47 PM Motion passed unanimously.
12:08:50 PM Acting Chairman Murdock Public Hearing and Consideration of Second Reading of Speed Ordinance for Wildhorse Trail and Snow Crest Drive. There was no public comment.
12:09:15 PM Commissioner Mitchell Summary of Ordinance and motion that we approve this Ordinance 2004-011.
12:09:27 PM Acting Chairman Murdock Second
12:09:28 PM Motion passed unanimously.
12:09:31 PM Acting Chairman Murdock Public Hearing and Consideration of Second Reading of Speed Ordinance for Glory Lane
12:09:51 PM Commissioner Mitchell Summary of Ordinance
12:09:59 PM Acting Chairman Murdock There was no public comment.
12:10:05 PM Commissioner Mitchell Motion that we approve this Ordinance #2004-012.
12:10:09 PM Acting Chairman Murdock Second
12:10:10 PM Motion passed unanimously.
12:10:13 PM Acting Chairman Murdock Public Hearing and Consideration of Second Reading of Speed Ordinance for Bozeman Trail Road
12:10:33 PM Commissioner Mitchell Summary of Ordinance
12:10:48 PM Acting Chairman Murdock There was no public comment.
12:10:53 PM Commissioner Mitchell I move that we approve Ordinance #2004-013.
12:10:57 PM Acting Chairman Murdock Second
12:11:00 PM Motion passed unanimously.
12:11:03 PM Acting Chairman Murdock Public Hearing and Consideration of First Reading of Speed Ordinance for a Portion of Cameron Bridge Road East
12:11:17 PM Board discussion
12:12:00 PM Commissioner Mitchell Ordinance 2004-015, read in its entirety.
12:15:38 PM Public comment Steve O'Dwyer
12:22:26 PM Discussion and questions
12:26:21 PM Commissioner Mitchell I move that we approve Ordinance #2004-015, the first reading.
12:26:31 PM County Attorney Marty Lambert Advice
12:26:37 PM Acting Chairman Murdock Second
12:26:52 PM Motion fails due to split vote 1:1. Commissioner Murdock opposed.
12:27:03 PM Acting Chairman Murdock Rehear item #14 Public Hearing and Consideration of First Reading of Speed Ordinance for a Portion of Cameron Bridge Road East at public meeting 5/25/04. Board appointments: Mental Health Local Advisory Council. There was no public comment.
12:28:12 PM Commissioner Mitchell I would go ahead and move that we approve Ms. Chong to the Mental Health Local Advisory Council.
12:28:21 PM Acting Chairman Murdock Second
12:28:22 PM Motion passed unanimously.
12:28:36 PM Commissioner Mitchell Historic Preservation Board
12:30:04 PM Acting Chairman Murdock There was no public comment.
12:30:08 PM Commissioner Mitchell I would move that we appoint Jane K. Crawford to the Historic Preservation Board of Gallatin County.
12:30:16 PM Acting Chairman Murdock Second
12:30:19 PM Motion passed unanimously.
12:30:22 PM Acting Chairman Murdock Pending Resolution on Establishing the Chronically Critically Ill Montana Children Administration Fee for Fund #7446 Pursuant to Montana State Law
12:30:41 PM Commissioner Mitchell Summary and motion that we approve Resolution #2004-074 a resolution establishing the critically ill Montana children's administrative fund #7446 pursuant to state law. As I understand it's another new license plate.
12:31:29 PM Acting Chairman Murdock Second. There was no public comment.
12:31:32 PM Motion passed unanimously.
12:31:39 PM Acting Chairman Murdock Meeting adjourned
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