Description Gallatin County Commissioners' Journal No. October 26, 2004
Date 10/26/2004 Location County Commission
Time Speaker Note
9:01:53 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.
9:02:44 AM Chairman Vincent Announcement that Commissioner Jennifer Smith Mitchell would be participating via teleconference. Agenda adjustment moving consent agenda item #3, Consideration and approval of INTERCAP Loan Application for 5 City Libraries making it regular agenda item #2. Noting continuance of regular agenda item #8, Public Hearing and Consideration of a Request for Preliminary Plat Approval for the Amended Plat of Block 7 of the James C. Boyd Subdivision until November 16, 2004 at the request of the applicant.
9:04:56 AM Commissioner Murdock Read the consent agenda as follows: 1. Approval of Claims 2. Approval of County Commission Public Meeting Minutes for October 5 & 12, 2004 3. Consideration and approval of INTERCAP Loan Application for 5 City Libraries 4. Consideration/Decision of a Request for Boundary Relocation Exemption for Kimm 5. Approval of Contract(s): Snow Shoo Snow Removal; Morrison-Maierle, Inc- Gallatin County Rid Paving and Maintenance Program 2004 Change Order #1 to Increase Contract Amount; 2004 RID Maintenance Program Task Order 928.142.040.0310; David Richards Snow Removal RID 314, 331, 366; Prouse Construction Snow Removal RID 309, 315, 321, 332, 343, 383; Approval of Danhof Chevrolet Agreement; War Wagon Services; Great Northern Property Services, LLC; and Big Horn Snow Removal RID 302
9:06:50 AM There was no public comment.
9:07:12 AM Commissioner Mitchell Move to approve the modified consent agenda.
9:07:17 AM Commissioner Murdock Second
9:07:22 AM Motion passed unanimously.
9:07:25 AM Chairman Vincent Board appointments
9:07:52 AM Commissioner Mitchell West Yellowstone TV District Board
9:08:24 AM There was no public comment.
9:08:34 AM Commissioner Mitchell I move that we reappoint Elizabeth Kearney to fill the term on the West Yellowstone TV District Board.
9:08:42 AM Commissioner Murdock Second
9:08:52 AM Motion passed unanimously.
9:08:53 AM Chairman Vincent Consideration and approval of INTERCAP Loan Application for 5 City Libraries
9:09:13 AM Fiscal Officer Ed Blackman Presentation
9:11:07 AM There was no public comment.
9:11:15 AM Discussion
9:11:42 AM Commissioner Murdock I move that we approve the INTERCAP Loan application as presented by our Fiscal Officer.
9:11:54 AM Chairman Vincent Second
9:12:02 AM Board discussion
9:14:35 AM Motion passed 2:1. Commissioner Mitchell opposed.
9:14:53 AM Chairman Vincent Continuation of Opening of Request for Proposals for the CDBG Planning Grant (Architectural Review of Big Sky Youth Home)
9:15:08 AM Grants Administrator Larry Watson One proposal received from Richard M. Shananhan Architects. Took under advisement and will come back at a later date with recommendation.
9:15:49 AM Discussion
9:16:02 AM There was no public comment.
9:16:22 AM Chairman Vincent Agenda adjustment moving to regular agenda items #5, 6, and 7, the following family transfer exemptions. (Kimm, Doney and VanDyke)
9:18:18 AM Chairman Vincent Public Hearing and Consideration/Decision of a Request for Family Transfer Exemption for Kimm
9:18:30 AM County Planner Warren Vaughan Staff report
9:20:25 AM William J. Kimm Sworn in by County Attorney Marty Lambert and testified under oath.
9:24:39 AM There was no public comment.
9:24:55 AM Commissioner Murdock This is what the family transfer exemption is for, sorry to put you through this others have abused this. We knew of course you wouldn't but everybody has to go through this so I move that we approval this family transfer.
9:25:07 AM Commissioner Mitchell Second
9:25:15 AM Motion passed unanimously.
9:25:19 AM Chairman Vincent Public Hearing and Consideration/Decision of a Request for Family Transfer Exemption for Doney
9:25:31 AM County Planner Warren Vaughan Staff report
9:27:26 AM Discussion and Questions
9:28:03 AM Tona Lee Doney Sworn in by County Attorney Marty Lambert and testified under oath.
9:31:50 AM Discussion and Questions
9:32:31 AM There was no public comment.
9:32:43 AM Commissioner Murdock Based on the testimony received and the information submitted, I think this is a proper use of the exemption and I move that we approve the Doney family transfer.
9:32:57 AM Commissioner Mitchell Second
9:33:05 AM Board discussion
9:34:46 AM Motion passed unanimously.
9:34:56 AM Chairman Vincent Public Hearing and Consideration/Decision of a Request for Family Transfer Exemption for VanDyke
9:35:07 AM County Planner Warren Vaughan Staff report
9:37:25 AM Ann VanDyke Sworn in by County Attorney Marty Lambert and testified under oath.
9:39:48 AM There was no public comment
9:40:02 AM Commissioner Mitchell I think this family transfer exemption meets the criteria set out by the Montana Subdivision and Platting Act and I move that we approve it.
9:40:17 AM Commissioner Murdock Second
9:40:29 AM Motion passed unanimously.
9:40:35 AM Chairman Vincent Public Hearing and Consideration/Decision of a Joint Resolution of the City Commission of the City of Bozeman, Montana, and the Board of County Commissioners of Gallatin County, Montana, Relating to the Creation by the City of Bozeman of an Extended Special Improvement District No. 683
9:42:17 AM Debbie Arkell, Director of Public Service for the City of Bozeman Presentation
9:46:25 AM Public comment Martie Stewart, submitting faxes from Richard P. and Pamela S. Backstrom and Darrell and Anna Burkenpas who could not attend.
9:54:47 AM Discussion between Commission and Debbie Arkell, Director of Public Service for the City of Bozeman
9:56:51 AM Public comment Larry Ellison, Ken Laudato, Mike Christie, Ross Grubb, Deb Stober, Brad French, Celia Wood, and Linda Ellison
10:21:44 AM County Attorney Marty Lambert Comments
10:23:27 AM Chairman Vincent Comments
10:24:19 AM Public comment Gary Butcher, Esther Reiter, Deb Stober
10:27:19 AM Debbie Arkell, Director of Public Service for the City of Bozeman Comments
10:35:04 AM Phil Forbes, Morrison-Maierle, Inc Comments
10:38:51 AM Public comment Barbara French and Martie Stewart
10:41:51 AM Commissioner Murdock The following correspondence was entered into the record: Mr. & Mrs. Richard Backstrom, Darrell and Anna Burkenpas, Robert French, Brad and Jamie French, and Norm Thurston
10:43:13 AM Board discussion
10:45:24 AM Debbie Arkell, Director of Public Service for the City of Bozeman Comments
10:45:49 AM Board discussion
10:49:30 AM Commissioner Murdock I move that we deny Resolution #2004-142.
10:49:35 AM Commissioner Mitchell Second
10:49:52 AM Board discussion
10:53:55 AM Motion passed unanimously.
10:53:57 AM Chairman Vincent Recess
11:10:39 AM Chairman Vincent Reconvene to meeting. Agenda adjustment to regular agenda item #10, Public Hearing and Consideration of a Resolution of Intention to Adopt the Hamilton Road Zoning Regulation and Map
11:11:18 AM County Planner Victoria Drummond Staff report
11:16:30 AM Tim Shaub, Common Space Comments regarding staff report Exhibits E, F, and G.
11:19:52 AM County Planner Victoria Drummond The following correspondence was entered into the record: Becky Weed, Bob Schultz and Melissa Blessing.
11:21:14 AM R. Dale Beland, AIA, AICP, R. Dale Beland, LLC Presentation on behalf of area property owners. Submitted memo of his testimony labeled Exhibit A, Item #10, and his response to the staff report labeled Exhibit B, Item #10
11:41:27 AM Discussion and Questions
11:43:04 AM Public comment Jim Loessberg also speaking on behalf of Ann Butterfield, submitted written testimony labeled Exhibit C, Item #10.
11:53:57 AM Discussion and Questions
11:56:52 AM Public comment Kiku Hanes, submitted written testimony labeled Exhibit D, Item #10, Robert Schultz also speaking for Phyllis Schultz, Becky Weed, Joel Ellison, Roxanne Linderman, Sandy Maher, Richard Schultz, Melissa Blessing, Jim Madden, submitted written testimony labeled Exhibit E, Item #10, Valerie Drake, Grace Morgan
12:48:18 PM County Planning Director Jennifer Madgic Comments, submitting map of Dry Creek Demonstration Project labeled Exhibit F, Item #10.
12:49:18 PM County Planner Victoria Drummond Comments
12:49:34 PM Tim Shaub, Common Space Comments
12:50:52 PM County Planner Victoria Drummond Comments
12:51:33 PM R. Dale Beland, AIA, AICP, R. Dale Beland, LLC Applicant's response.
12:57:04 PM Discussion and Questions
1:04:05 PM Public comment closed.
1:04:14 PM Board discussion
1:15:21 PM Commissioner Murdock I move that we deny the Resolution of Intention of the Gallatin County Commission to adopt the proposed Hamilton Road Zoning Regulation and Zoning Map, which would be Resolution #2004-143.
1:15:38 PM Chairman Vincent Second
1:15:42 PM Board discussion
1:17:36 PM Motion passed 2:1. Commissioner Mitchell opposed.
1:18:36 PM Recess
1:40:58 PM Chairman Vincent Reconvene to meeting. Continuation on Consideration of Request for Preliminary Plat Approval for Kirkwood Marina Minor Subdivision
1:41:07 PM County Planner Christopher Scott Staff report, suggesting additional condition to read as follows: 25.) A Memorandum of Understanding shall be signed between the Weed Control District and applicant prior to final plat approval.
1:45:45 PM Discussion and Questions
1:47:17 PM Joe Kmetz, Engineer, Gateway Engineering & Surveying Presentation on behalf of applicant Kirkwood Ranch Limited Partnership
1:47:48 PM Discussion and Questions
1:48:37 PM Pam Sveinson Applicant presentation
1:57:36 PM Public comment Ann Voda and Lynda Caine
2:02:40 PM Joe Kmetz, Engineer, Gateway Engineering & Surveying Applicant response
2:04:10 PM Public comment closed.
2:04:29 PM County Attorney Marty Lambert Questions and Advice
2:06:15 PM Discussion and Questions between the Commission, County Attorney and Pam Sveinson
2:13:30 PM County Planner Christopher Scott Comments
2:14:27 PM Discussion between the Commission and County Attorney
2:15:00 PM Board discussion
2:16:11 PM Commissioner Murdock I will move that we keep conditions #20 and 24 as conditions of approval.
2:16:27 PM Chairman Vincent Second
2:16:32 PM Board discussion
2:17:08 PM Discussion between County Planner Christopher Scott and the Commission
2:19:20 PM Joe Kmetz, Engineer, Gateway Engineering & Surveying Comments
2:21:30 PM Commissioner Murdock I withdrawn my motion.
2:21:57 PM Commissioner Murdock I move that we approve this subdivision with all the conditions as presented by staff with the following exceptions: The removal of condition #5, the removal of condition #20, the removal of condition #24 and additional language added to #16(l) which would state: The grant of easement involving the marina shall be reviewed and approved by the Gallatin County Attorney prior to final plat approval.
2:22:34 PM Commissioner Mitchell Second
2:22:39 PM County Planner Christopher Scott Questioned if the motion included the condition stating "Memorandum of Understanding shall be signed between the Weed Control District and the applicant prior to final plat approval", as an additional condition.
2:22:53 PM Commissioner Murdock I will include that condition, also.
2:22:57 PM Commissioner Mitchell Amended second
2:23:14 PM Motion passed unanimously.
2:23:38 PM Chairman Vincent Public Hearing and Consideration of Request for Preliminary Plat Approval for Walma Minor Subdivision
2:23:47 PM County Planner Christopher Scott Staff report, suggesting additional condition to read as follows: 18.) A Memorandum of Understanding shall be signed between the Weed Control District and applicant prior to final plat approval.
2:29:05 PM Discussion and Questions
2:32:00 PM Ray Center, Rocky Mountain Engineers Presentation of behalf of applicants James H. & Gail G. Walma
2:38:46 PM There was no public comment.
2:38:53 PM Discussion and Questions
2:39:27 PM Commissioner Murdock Comments, I would move that we approve this subdivision with all the conditions presented by staff with the removal of #16 and 17, and the addition of the one about the MOU for the weed control plan. And we forgot to do this the last time but we need to enter the findings that this is consistent with the Subdivision Act, with the Gallatin County Growth Policy and all other aspects of the law.
2:40:23 PM Commissioner Mitchell Second
2:40:34 PM Motion passed unanimously.
2:41:50 PM Commissioner Murdock Public Hearing and Consideration of Second Reading of Speed Ordinance for Portion of Thorpe Road- Move to approve Ordinance #2004-018.
2:41:58 PM Commissioner Mitchell Second
2:42:05 PM Motion passed unanimously.
2:42:06 PM There was no public in attendance, therefore there will be no public comment.
2:42:19 PM Commissioner Murdock Public Hearing and Consideration of Second Reading of Speed Ordinance for Rainbow Point Road- Move to approve Ordinance #2004-019.
2:42:26 PM Commissioner Mitchell Second
2:42:36 PM Motion passed unanimously.
2:42:38 PM Commissioner Murdock Public Hearing and Consideration of Second Reading of Speed Ordinance for Goldenstein Road- Move to approve (Ordinance) #2004-020.
2:42:46 PM Commissioner Mitchell Second
2:42:52 PM Motion passed unanimously.
2:42:57 PM Commissioner Murdock Public Hearing and Consideration of Second Reading of Speed Ordinance for Sypes Canyon and Sypes Canyon Subdivision- Move to approve speed reduction ordinance for a portion of Sypes Canyon and Sypes Canyon Subdivision Ordinance #2004-021.
2:43:07 PM Commissioner Mitchell Second
2:43:18 PM Motion passed unanimously.
2:43:32 PM Commissioner Murdock Public Hearing and Consideration of Second Reading of Speed Ordinance for Mount Ellis Lane- Move to approve Ordinance #2004-023.
2:43:38 PM Commissioner Mitchell Second
2:43:49 PM Motion passed unanimously.
2:43:56 PM Commissioner Murdock Public Hearing and Consideration of Second Reading of Speed Ordinance for Riverside Manor Subdivision- Move to approve Ordinance #2004-022.
2:44:04 PM Commissioner Mitchell Second
2:44:15 PM Motion passed unanimously.
2:44:21 PM Commissioner Murdock Public Hearing and Consideration of Second Reading of Speed Ordinance for a Portion of Nixon Gulch Road- Move to approve Ordinance #2004-024 .
2:44:28 PM Commissioner Mitchell Second
2:44:46 PM Motion passed unanimously.
2:44:56 PM There were no pending resolutions.
2:45:01 PM Meeting adjourned.
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