Gallatin County Commissioner Meeting Minutes April 12, 2005
Time Speaker Note
9:03:52 AM Chairman Murdock Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Murdock, Skinner and Vincent, County Attorney Lambert and Acting Clerk to the Board Mary Miller. Note that they would be recessing at 11:45 A.M. and reconvening at 2:00 P.M.
9:05:37 AM Public comment Public comment on any matters within the Commission's jurisdiction. Anson Crutcher on behalf of Montana Citizens for Open Government, Incorporated, Steve White, Dan Griffing, and Quincy OrHai submitted letter labled Exhibit A, Item 1, regarding suggestion for creating effective representative advisory committees for proposed zoning. Subjects discussed were as follows: Deficiencies in the county's open meeting law and adoption of the Subdivision Regulations, review process of Planning Departments during applications of projects.
9:40:55 AM Commissioner Vincent Read the consent agenda as follows: 1. Approval of Claims 2. Approval of County Commission Public Meeting Minutes for March 23rd, 29th, and 30th, 2005 3. Approval of Applications for Cancellation of Taxes for Parcel Number(s): RFF 43904, Totaling $60.98, RLE40554, Totaling $17.50, RLE 40535, Totaling $14.21, RGF39513 Totaling $858.51, RGG5237, Totaling $618.83, RGG5236, Totaling $69.34, MMM3924, Totaling $17.52, MMM3046, Totaling $36.74, MMM2609, Totaling $332.08, MMM5534, Totaling $787.89 4. Request/Decision for Common Boundary Relocation Exemption for Montague/Bos/Boylan 5. Request/Decision for Common Boundary Relocation Exemption for Inman 6. Approval of Contract(s): Warranties for Phase II Cell Liner Expansion; Survey Research for Less, LLC (Citizen Survey); and Eden GASB 34 Reporter
9:43:19 AM There was no public comment.
9:43:28 AM Commissioner Skinner I'll move to approve the consent agenda.
9:43:32 AM Commissioner Vincent Second
9:43:34 AM Motion passed unanimously.
9:43:39 AM Public comment on any matters within the Commission's jurisdiction. Shawn Cote, Southwest Montana Building Industry Association clarified if the Commission would be taking action on the proposed Road Impact Fees. Anson Crutcher spoke regarding continuation of agenda items.
9:45:39 AM Chairman Murdock Proclamation Declaring National Library Week
9:45:50 AM Jean Nielsen, Director of Three Forks Community Library Introduced Anna McLain, new Director of Belgrade Community Library
9:46:07 AM Anna McLain, Director of Belgrade Library Read the Proclamation
9:47:55 AM Chairman Murdock Read ending of Proclamation
9:49:11 AM There was no public comment.
9:49:29 AM Commissioner Vincent I move that we adopt upon your authorization and your "Now Therefore, National Library Week 2005 Proclamation."
9:49:45 AM Commissioner Skinner Second
9:49:58 AM Motion passed unanimously.
9:50:38 AM Chairman Murdock Continuation on Consideration of a Resolution Amending the By-Laws for the Search and Rescue Board , Note that a copy of the By-laws were not available for public viewing.
9:51:02 AM Discussion between the Commission and Deputy County Attorney Kate Dinwiddie
9:51:24 AM Chairman Murdock Suggested a continuance until April 19, 2005, to allow time for public viewing.
9:51:52 AM Chairman Murdock Public Hearing and Consideration of a Resolution Amending the Gallatin County Historical Preservation Board
9:51:59 AM Deputy County Attorney Kate Dinwiddie Noted the Gallatin County Historic Preservation Board Draft By-laws were available for public viewing.
9:52:06 AM There was no public comment.
9:52:16 AM Commissioner Vincent I move that we approve the draft By-laws as presented to us by the Gallatin County Historical Preservation Board.
9:52:28 AM Commissioner Skinner Second
9:52:33 AM Motion passed unanimously.
9:52:35 AM Deputy County Attorney Kate Dinwiddie Noted that a formal resolution will follow next week under pending resolutions.
9:52:49 AM Chairman Murdock Opening of Bids for Snow Removal/Equipment Building at Progreba Field Airport
9:53:06 AM Scott Bell, Morrison-Maierle, Inc, on behalf of the Gallatin County Airport Board Bids were received from the following: Walker Construction, $189,034.00; Sullway Construction with attached deduction, $169,800.00; Markovich Construction, $189,150.00; and Majestic Builders $173,250.00. All bids were complete. Bids will be taken under advisement.
10:03:33 AM Chairman Murdock Continued until April 26, 2005, for recommendation.
10:03:46 AM Discussion between the Commission and Scott Bell
10:05:10 AM Chairman Murdock Consideration of Resolution of Intent to Amend the Gallatin County Commission FY 05 Operating Budget to Include Unanticipated Revenues in the Amount of $140,648.00
10:05:38 AM Recess
10:14:04 AM Fiscal Officer Ed Blackman Reconvene to meeting. Presentation
10:15:08 AM Discussion between the Commission and Ed Blackman
10:16:03 AM There was no public comment.
10:16:10 AM Commissioner Skinner I'll move to approve the Resolution of Intent to amend the Gallatin County Commission FY 05 Operating Budget to include unanticipated revenues in the Amount of $140,648.00, and that's Resolution #2005-040.
10:16:38 AM Commissioner Vincent Second
10:16:41 AM Discussion between the Commission and Ed Blackman
10:16:52 AM Motion passed unanimously.
10:16:56 AM Fiscal Officer Ed Blackman Public Hearing and Consideration of Resolution Committing Matching Funds for the Treasurer State Endowment Program Planning Grant for Hebgen Lake Estates Waste Water Project. Presentation
10:17:44 AM There was no public comment.
10:17:50 AM Commissioner Vincent I move we adopt Resolution #2005-041, a resolution to authorize submission of an application to the Montana Department of Commerce Treasurer State Endowment Program for preliminary engineering of the Hebgen Lake Estates Waste Water Project.
10:18:11 AM Commissioner Skinner Second
10:18:16 AM Board discussion
10:18:39 AM Motion passed unanimously.
10:18:41 AM Chairman Murdock Receipt of Petition to Annex Property in the Belgrade Rural Fire District
10:18:51 AM Clerk and Recorder Shelley Vance Presentation
10:20:05 AM There was no public comment.
10:20:18 AM Commissioner Skinner I'll move to accept the receipt of petition to annex property into the Belgrade Rural Fire District, Tract 5B of COS 2077A, located in Section 6, T1S, R6E.
10:20:37 AM Commissioner Vincent Second
10:20:46 AM Commissioner Skinner Have a public hearing date set at May 10, 2005.
10:20:55 AM Commissioner Vincent Second amended
10:21:08 AM Motion passed unanimously.
10:21:12 AM Chairman Murdock Continuation on Public Hearing and Consideration of A Resolution Establishing Fees for Review Of Major Subdivisions in the Amount of $300.00 And Minor Subdivisions In the Amount of $150.00 By The Noxious Weed Department
10:21:42 AM Noxious Weed Department Supervisor Dennis Hengel Presentation
10:23:24 AM Discussion between the Commission and Dennis Hengel
10:28:23 AM Deputy County Attorney Kate Dinwiddie Comments
10:28:38 AM Public comment Shawn Cote, Southwest Montana Building Industry Association
10:31:14 AM Board discussion
10:34:50 AM Commissioner Vincent I move that we adopt Resolution #2005-042, a resolution establishing fees for review of major subdivisions in the amount of $300.00 and minor subdivisions In the amount of $150.00 by the Noxious Weed Department.
10:35:10 AM Commissioner Skinner Second
10:35:12 AM Discussion between the Commission and Dennis Hengel
10:36:47 AM Motion passed unanimously.
10:36:56 AM Chairman Murdock Public Hearing and Consideration of a Resolution of Intent to Amend the Road Department FY2005 Budget to Change Capital Outlay Items Listing
10:37:09 AM Fiscal Officer Ed Blackman Presentation
10:37:41 AM There was no public comment.
10:37:51 AM Commissioner Skinner I'll move to approve the Resolution of Intent to amend the Road Department FY2005 budget to change Capital Outlay Items, Resolution #2005-043.
10:38:06 AM Commissioner Vincent Second
10:38:13 AM Motion passed unanimously.
10:38:16 AM Chairman Murdock Public Hearing and Consideration of a Resolution to Amend the ITS Department FY 2005 PILT Budget to Change Capital Outlay Items Listing
10:38:32 AM Fiscal Officer Ed Blackman Presentation
10:39:15 AM There was no public comment.
10:39:22 AM Commissioner Vincent I move we adopt Resolution #2005-044, resolution to amend the ITS Department FY 2005 PILT Budget to change Capital Outlay Items Listing as described by Fiscal Officer.
10:39:39 AM Commissioner Skinner Second
10:39:42 AM Discussion between the Commission and Ed Blackman
10:40:59 AM Motion passed unanimously.
10:41:07 AM Chairman Murdock Public Hearing and Consideration of a Resolution of Intent to Amend the CDBG Grants Administration Operating Budget to Include Unanticipated Revenues in the Amount of $35,700 From Montana Department of Commerce and Youth Dynamics for the Shelter Care Planning Grant
10:41:36 AM Fiscal Officer Ed Blackman, on behalf of Grants Administrator Larry Watson Presentation
10:42:21 AM Discussion between the Commission and Ed Blackman
10:42:50 AM There was no public comment.
10:42:58 AM Commissioner Skinner I'll move to approve Resolution #2005-045, a resolution of intent to amend the CDBG Grants Administration Operating Budget to include unanticipated revenues in the amount of $35,700 from the Montana Department of Commerce and Youth Dynamics for the Shelter Care Planning Grant.
10:43:22 AM Commissioner Vincent Second
10:43:40 AM Motion passed unanimously.
10:43:57 AM Chairman Murdock Public Hearing and Consideration of Adoption of Impact Fee Regulation Revision , No decisions will be made at this time.
10:44:14 AM Road and Bridge Superintendent Lee Provance Comments
10:44:33 AM Discussion between the Commission and Lee Provance
10:44:59 AM Deputy County Attorney Kate Dinwiddie Comments
10:45:08 AM Commission comments
10:46:21 AM Planning Director Jennifer Madgic Comments
10:47:17 AM Deputy County Attorney Kate Dinwiddie Comments and Advice
10:47:33 AM Commission comments
10:47:53 AM Planning Director Jennifer Madgic Comments
10:48:23 AM Clerk and Recorder Shelley Vance Comments
10:49:13 AM Commission comments
10:49:32 AM Public comment Steve White, Dale Beland, Brian Leland
11:00:49 AM Chairman Murdock Noted receipt of 2 letters from Susan Swimley dated April 5 & 11, 2005.
11:01:18 AM Planning Director Jennifer Madgic Comments
11:02:36 AM Commission comments and decision to cancel the 2 remaining meetings until further review of this consideration.
11:05:51 AM Recess
2:04:07 PM Chairman Murdock Reconvene to meeting. Announcement that regular agenda Item #15, Continuation on Public Hearing and Consideration of Request for Preliminary Plat Approval for Amended Plat of Lots 19-27, Lots 43 and 44, and Deed-Created Easterly Portions of Lots 45-47 of the Rainbow Subdivision, Bozeman Hot Springs Tract would be continued until April 26, 2005.
2:04:22 PM County Planner Paul Bussi Noted the continuance was at the applicant's request.
2:05:18 PM Chairman Murdock Public Hearing and Consideration of Request for Preliminary Plat Approval of Cottonwood Meadows Minor Subdivision
2:05:28 PM County Planner Victoria Drummond Staff report, submitted letter from HKM Engineering labeled Exhibit A, Item 14. It was suggested that condition #27 could be deleted and condition #31 read as follows: Subdivider shall consult with the County Trails Advisory Committee regarding the proposed trail system, including provision of a trail easement along Gooch Hill and Latigo Roads.
2:20:51 PM Clint Litle, HKM Engineering, on behalf of James E. Potts, Project Manager Presentation on behalf of applicants Herbert and Evelyn Potts
2:22:30 PM Discussion between the Commission and Clint Litle
2:24:53 PM Herbert Potts, applicant Comments
2:25:39 PM Discussion between the Commission and Herbert Potts
2:26:01 PM Discussion between the Commission and Clint Litle
2:28:02 PM County Planner Victoria Drummond Comments
2:29:14 PM Discussion between the Commission and Victoria Drummond
2:30:20 PM Public comment Bud Griffith in discussion the Commission and Deputy County Attorney Kate Dinwiddie
2:38:12 PM Public comment Ann Prescott
2:39:05 PM Clint Litle, HKM Engineering, on behalf of James E. Potts, Project Manager Rebuttal
2:40:31 PM Discussion between the Commission and Clint Litle
2:41:50 PM Discussion between Deputy County Attorney Kate Dinwiddie and Clint Litle
2:42:46 PM Board discussion
2:43:47 PM Discussion between the Commission and Victoria Drummond
2:45:44 PM Deputy County Attorney Kate Dinwiddie Advice
2:46:06 PM Discussion between the Commission and County Road and Bridge Engineer George Durkin
2:50:11 PM Commissioner Skinner I'll move to grant the variance to allow a cul-de-sac on Latigo Road to exceed 1000 feet.
2:50:23 PM Commissioner Vincent Second
2:50:27 PM Board discussion
2:52:12 PM Deputy County Attorney Kate Dinwiddie Advice
2:52:30 PM Board discussion
2:53:06 PM Motion passed unanimously.
2:53:09 PM Board discussion
2:54:19 PM County Planner Victoria Drummond Comments
2:54:59 PM Deputy County Attorney Kate Dinwiddie Comments and Advice
2:55:24 PM Board discussion
2:55:34 PM Commissioner Skinner Finding that the Cottonwood Meadows Minor Subdivision complies with the provisions of the Gallatin County Growth Policy, complies with the provisions of Gallatin County Subdivision Regulations and that it does met the requirements of Section 76-3-608 of the Montana Subdivision and Platting Act and that it will not significantly effect agriculture, it will not have a significant adverse effect on water user facilities, that the effect on local services have been mitigated and there's no significant adverse effect on wildlife and wildlife habitat or the natural environment or to public health and safety. I would move that we approve this with the conditions presented by staff, with the exception of deleting condition #27, condition #28, after irrigation ditches to put in "if any", condition #29 delete
and condition #31, to put a period after Latigo Road and delete the rest of the sentence.
2:57:20 PM Commissioner Vincent Second
2:57:27 PM Commission questions
2:57:52 PM Discussion between the Commission and Bud Griffith
2:58:49 PM Commission comments
3:01:09 PM Motion passed unanimously.
3:01:19 PM Chairman Murdock Public Hearing and Consideration of a Request to Modify the Preliminary Plat for the Big Sky Town Center Major Subdivision
3:04:57 PM County Planner Randy Johnson Presentation, submitted fax from Jim Schwalbe labeled Exhibit A, Item 16.
3:18:36 PM Ron Slade, Land Planner/Landscape Architect, CTA Design Works Presentation on behalf of applicant Simkins Holdings, LLC
3:23:56 PM Discussion between the Commission and Ron Slade
3:28:12 PM Public comment Justin Closco in discussion with the Commission
3:31:44 PM Ron Slade, Land Planner/Landscape Architect, CTA Design Works Rebuttal
3:33:58 PM Discussion between Deputy County Attorney Kate Dinwiddie, Ron Slade, and developer Bill Simkins, Simkins Holdings, LLC
3:40:58 PM Board discussion including comments from Randy Johnson
3:42:36 PM Commissioner Vincent I move that we grant the request for deviation and allow for a 50-foot right-of way width on Simkins Drive and Golden Stone Lane.
3:42:54 PM Commissioner Skinner Second
3:42:57 PM Board discussion
3:43:18 PM Discussion between Deputy County Attorney Kate Dinwiddie, Randy Johnson, and the Commission
3:44:32 PM Motion passed unanimously.
3:44:36 PM Board discussion
3:44:50 PM Chairman Murdock The chair will move that we reduce the paved surface to 22 feet as requested.
3:45:00 PM Commissioner Skinner Second
3:45:03 PM Board discussion
3:46:18 PM Motion failed 2:1. Commissioners Skinner and Vincent opposed.
3:46:37 PM County Planner Randy Johnson Advice
3:47:17 PM Commissioner Skinner I'll move to approve the modification of preliminary plat for Big Sky Town Center Major Subdivision with the 2 staff suggested conditions.
3:47:32 PM Commissioner Vincent Second
3:47:36 PM County Planner Randy Johnson Comments and Advice
3:48:06 PM Commissioner Skinner I feel it does meet the intent and purpose of the PUD.
3:48:11 PM Commissioner Vincent I do as well.
3:48:16 PM Motion passed unanimously.
3:48:24 PM Chairman Murdock Public Hearing and Consideration of a Request for Preliminary Plat Approval for the Amended Plat of the Big Sky Town Center Subdivision Phase1: Block 5, Lots 1A, 2, 3, 4, and 9A: Blocks 8, 9, 13, 14, 17, 18 and 20; Road Tracts 5, 6, 11, 11A, 11B, 12, & 12A
3:49:33 PM County Planner Randy Johnson Staff report and discussion with the Commission
3:55:29 PM There was no public comment.
3:55:47 PM Discussion between the Commission and Bill Simkins
3:58:08 PM Discussion between Ron Slade, Randy Johnson, and Kate Dinwiddie
4:02:49 PM Keith Waring, Thomas, Dean & Hoskins Comments
4:07:11 PM Board discussion
4:07:27 PM Commissioner Skinner I'll move to grant the variance request #1, which would reduce right-of-way from 60 to 50 feet.
4:07:37 PM Commissioner Vincent Second
4:07:40 PM Board discussion
4:08:26 PM Motion passed unanimously.
4:08:35 PM Chairman Murdock I will move that we grant the variance to reduce the paved surface from 24 feet to 22 feet.
4:08:44 PM Commissioner Skinner Second
4:08:46 PM Board discussion
4:09:25 PM Chairman Murdock Point of order
4:09:34 PM County Planner Randy Johnson Advice
4:09:46 PM Commission question
4:09:54 PM Deputy County Attorney Kate Dinwiddie Advice
4:10:32 PM Commission comments
4:10:55 PM Discussion between the Commission, Randy Johnson, and Kate Dinwiddie
4:11:59 PM Ryan Hamilton, Simkins Holdings, LLC Comments and discussion with the Commission
4:12:57 PM Board discussion
4:13:35 PM Deputy County Attorney Kate Dinwiddie Comments
4:14:07 PM Motion passed 2:1. Commissioner Vincent opposed.
4:14:41 PM Commissioner Skinner Finding that the preliminary plat approval for the amended plat of the Big Sky Town Center Subdivision meets the requirements of Section 76-3-608 of the Montana Subdivision and Platting Act and that it complies with the provision of the Gallatin County Subdivision Regs, I would move to approve it with the staff conditions presented in the staff report. Condition #4, the variance change that to 50 foot and 22 foot.
4:15:33 PM Commissioner Vincent Second
4:15:47 PM Motion passed unanimously.
4:16:10 PM There were no pending resolutions
4:16:15 PM Meeting adjourned.
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