Description Gallatin County Commissioners' Journal No. May 10, 2005
Date 05/10/2005 Location County Commission
Time Speaker Note
9:05:10 AM Chairman Murdock Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Murdock, Skinner and Vincent, Deputy County Attorney Dinwiddie and Acting Clerk to the Board Mary Miller.
9:05:59 AM There was no public comment on matters within the Commission's jurisdiction.
9:06:20 AM Commissioner Skinner Read the consent agenda as follows: 1. Approval of Claims 2. Approval of County Commission Meeting Minutes for April 26th and 27th, 2005 3. Approval of Applications for Cancellation of Taxes for Parcel Number(s): PPP18921 Totaling $76.28 4. Approval of Contract(s): 2005 RID Vegetation Control Task Order 928-143; and U.S. Dept. of Agriculture-Hyalite Jr. Camp on Hyalite Reservoir. The following contract is being continued: Professional Services Agreement-Gallatin County Montana Dept of Corrections
9:07:48 AM There was no public comment.
9:08:03 AM Commissioner Vincent Move adoption of the consent agenda as amended.
9:08:07 AM Commissioner Skinner Second
9:08:13 AM Motion passed unanimously.
9:08:17 AM Chairman Murdock Board appointment
9:08:31 AM Commissioner Vincent Gallatin County Board of Park Commissioners
9:10:50 AM There was no public comment.
9:11:21 AM Deputy County Attorney Kate Dinwiddie Advice
9:11:57 AM Commissioner Vincent I'd be glad to validate or approve the appointments forwarded to us by the City of Three Forks that would be Mr. Patrick Finnegan, the Town of Manhattan that would be Mr. Robert Logar, the City of Bozeman would be Mr. Rick Fink and the City of West Yellowstone, Mr. Jack Clarkson.
9:12:20 AM Commissioner Skinner Second
9:12:23 AM Board discussion
9:13:09 AM Motion passed unanimously.
9:13:16 AM Chairman Murdock Agenda Announcement: Item 12, Approval by the County Commission on the Designs of the Four Construction Projects Required Under the Construction Agreement for the Regional Park continued for another week or two.
9:14:37 AM Chairman Murdock Public Hearing and Consideration of a Petition to Annex Property into the Belgrade Rural Fire District
9:14:51 AM Clerk and Recorder Shelley Vance Presentation
9:16:26 AM Public comment Assistant Chief, Bryan Connelley of the Belgrade Rural Fire District
9:17:37 AM Closed public comment.
9:17:52 AM Commissioner Skinner I'll move to approve the petition to annex the property Tract B of COS 2077A, located in Section 6, T1S, R6E into the Belgrade Rural Fire District.
9:18:10 AM Commissioner Vincent Second
9:18:14 AM Board discussion
9:18:36 AM Motion passed unanimously.
9:18:42 AM Chairman Murdock Public Hearing and Consideration of a Resolution Relating to Reimbursement of Appropriate Costs in the Financing of the Acquisition, Design, Construction, Equipping and Financing of an Adult Detention Center
9:19:03 AM Fiscal Officer Ed Blackman Presentation
9:20:33 AM Discussion and Questions
9:22:49 AM There was no public comment.
9:22:55 AM Closed public comment.
9:23:00 AM Board discussion
9:25:28 AM Commissioner Vincent I am going to make a motion that we approve Resolution #2005-66, a resolution relating to reimbursement of appropriate costs in the financing of the acquisition, design, construction, equipping and financing of an Adult Detention Facility.
9:25:45 AM Commissioner Skinner Second
9:25:52 AM Board discussion
9:29:00 AM Motion passed unanimously.
9:29:08 AM Chairman Murdock Public Hearing and Consideration of a First Reading of Speed Ordinance for Bear Trap Ranch Subdivision #2
9:29:26 AM Deputy County Attorney Kate Dinwiddie Advice
9:29:33 AM There was no public comment.
9:29:54 AM Commissioner Vincent Summarized the ordinance.
9:31:23 AM Public comment Betty Richey, submitted letters of support labeled Exhibits A thru I, Item 4, Brad Richey, and Mike Manship
9:45:48 AM Deputy County Attorney Kate Dinwiddie Advice
9:46:53 AM Road and Bridge Superintendent Lee Provance Comments
9:52:02 AM Discussion and Questions
9:54:41 AM Closed public comment.
9:54:50 AM Board discussion
9:56:12 AM Commissioner Skinner I'll move to adopt Ordinance #2005-08, speed reduction ordinance for the roads in Bear Trap Ranch Subdivision, which would reduce legally the speed limit to 35 miles an hour.
9:56:33 AM Commissioner Vincent Second
9:56:37 AM Board discussion
9:57:23 AM Deputy County Attorney Kate Dinwiddie Advice and comments
9:59:43 AM Motion failed 1:2. Commissioners Murdock and Vincent opposed.
9:59:53 AM Board discussion
10:00:29 AM Deputy County Attorney Kate Dinwiddie Advice
10:01:17 AM Chairman Murdock The chair is going to make a motion that we adopt a speed reduction ordinance for the roads in Bear Trap Ranch Subdivision #2 as written, except to 25 miles per hour.
10:01:29 AM Commissioner Vincent Second
10:01:30 AM Deputy County Attorney Kate Dinwiddie Advice
10:01:43 AM Chairman Murdock I will withdraw my motion.
10:01:44 AM Commissioner Vincent Make a motion that we continue consideration of this resolution, understanding that it will be presented to us at a speed of 25 miles per hour.
10:02:04 AM Commissioner Skinner Second
10:02:09 AM Board discussion
10:04:33 AM Clerk and Recorder Shelley Vance Questions
10:05:30 AM Chairman Murdock Consideration of a new ordinance continued until May 24, 2005.
10:05:51 AM Chairman Murdock Public Hearing and Consideration of Adoption of Bozeman Area Transportation Plan
10:06:02 AM County Planner Christopher Scott Presentation
10:10:30 AM Discussion and Questions
10:11:47 AM Road and Bridge Superintendent Lee Provance Comments
10:17:22 AM Public comment Dale Beland and Wade Pannell
10:23:18 AM County Planner Christopher Scott Comments
10:23:57 AM Discussion and Questions
10:25:07 AM Board discussion
10:31:59 AM Recess
10:49:07 AM Chairman Murdock Reconvene to meeting. Public Hearing and Consideration/Decision of Final Plat Approval for the Bradford Minor Subdivision
10:49:28 AM County Planner Sean O'Callaghan Staff report
10:50:49 AM Cory Frehsee, C&H Engineering Comments
10:51:05 AM There was no public comment.
10:51:10 AM Commissioner Vincent Finding that in the professional opinion of Sean O'Callaghan all the conditions have been met, finding that it complies with state subdivision statute and County Subdivision Regulations, I move that we grant final plat approval for the Bradford Minor Subdivision.
10:51:31 AM Commissioner Skinner Second
10:51:37 AM Motion passed unanimously.
10:51:42 AM Chairman Murdock Public Hearing and Consideration of a Request for Preliminary Plat Approval for the Spanish Peaks Estates Phase 5 Major Subdivision
10:53:14 AM County Planner Randy Johnson Staff report
11:04:26 AM Deputy County Attorney Kate Dinwiddie Advice
11:06:37 AM Bob Lee, Land Use Planner, Morrison-Maierle, Inc Presentation on behalf of applicant Spanish Peaks Holdings, LLC
11:08:35 AM Wade Pannell, Spanish Peaks Holdings, LLC Applicant presentation, suggested change to condition #21(m) as follows: Each Owner shall maintain a defensible area of not less than thirty-feet (30') around the perimeter of any structure as measured horizontally at a ninety degree angle from the exterior walls of any structure. The defensible area shall not contain combustible material, and shall consist of non-combustible ground cover such as a maintained and well irrigated lawn of no more than three inches. The defensible area may contain fire-resistant vegetation including trees.
11:12:20 AM There was no public comment.
11:12:38 AM Closed public comment.
11:12:48 AM Board discussion
11:20:15 AM Commissioner Skinner Finding that the Spanish Peaks Estates Phase 5 Major Subdivision meets the requirements of Section 76-3-608 of the Montana Subdivision and Platting Act, that the property has not been historically used for crop production, that there are no agricultural water facilities on the property, that the effect to local services have been mitigated, that the subdivision has been designed to protect the natural environment and minimize visual impacts and that the effect on wildlife and wildlife habitat have been mitigated through the measures incorporated into the design and management of the subdivision and through covenants that help mitigate the effect on wildlife and that the public health and safety aspects have been mitigated because the state MDEQ will be required to review and approve the water supply storm
drainage and wastewater disposal facilities and that the fire and emergency services have been addressed and that the subdivision complies with the Gallatin County Subdivision Regulations and also complies with the zoning criteria and design standards, I would move that we approve Spanish Peaks Estates Phase 5 Major Subdivision with the conditions provided in the staff report with the exception of 21(m) to change that language to the language provided by Wade Pannell.
11:22:14 AM Commissioner Vincent Second
11:22:36 AM Motion passed unanimously.
11:23:17 AM Chairman Murdock Public Hearing and Consideration of Request for Preliminary Plat Approval for the Kennedy Major Subdivision
11:23:36 AM County Planner Christopher Scott Staff report. Clerical error on Exhibit G attached to staff report, should refer to condition 7, not 6. Clerical error on page 5 of the staff report in reference to traffic study. The study further suggested a traffic signal be constructed on Jackrabbit Lane at its intersection with Jackrabbit Lane and Baxter Lane if warrants are met.
11:46:51 AM Discussion and Questions
11:53:16 AM Gordon Williams, Attorney Presentation on behalf of client Gene G. Kennedy
11:56:59 AM Michael Sanderson, Engineering, Inc Presentation on behalf of applicant Gene G. Kennedy, submitted Figure 11: Recommended Improvements labeled Exhibit A, Item 8.
12:02:06 PM Discussion and Questions
12:07:52 PM Public comment Patrick Reardon, representing Northwestern Energy referred to letter from Northwestern Energy labeled Exhibit B, Item 8, and Debra Wahlberg
12:17:14 PM Gordon Williams, Attorney Rebuttal
12:19:55 PM Jim Pierce, Engineer, Thomas, Dean & Hoskins, Inc Presentation on behalf of applicant Gene G. Kennedy
12:21:54 PM Closed public comment.
12:21:59 PM Board discussion, suggested adding to condition #11 the following language: Subject to review and acceptance or approval by the County Road and Bridge Department.
12:23:02 PM Deputy County Attorney Kate Dinwiddie Comments
12:23:15 PM Gordon Williams, Attorney Discussion with the Commission and agreement on behalf of client to suggested language for condition #11.
12:25:11 PM Board discussion, suggested reinstating condition #6 and adding language to condition #5 as follows: Require written approval from the ditch companies, prior to final approval .
12:25:56 PM Discussion between the Commission and Gordon Williams
12:31:41 PM Patrick Reardon Comments
12:33:40 PM Commission comments and discussion with Gordon Williams
12:34:43 PM Gordon Williams, Attorney Agreed to putting condition #6 into the covenants and making it a county required covenant.
12:35:38 PM Commissioner Skinner I move that we approve the variance that proposes Laura Louise Lane block length to exceed the 1200' maximum block length, finding that this conflicts with a MDOT requirements.
12:35:57 PM Chairman Murdock Second
12:36:03 PM Board discussion
12:36:41 PM Motion passed unanimously.
12:36:45 PM Commissioner Skinner I'll move to approve the variance to allow Ketterer Road to have a cul-d-sac more than 1000', finding that strict compliance would result in undue hardship and that strict compliance is not essential to public health, safety and general welfare.
12:37:06 PM Commissioner Vincent Second
12:37:09 PM Board discussion
12:37:35 PM Motion passed unanimously.
12:38:28 PM Commissioner Skinner Finding that the Kennedy Major Subdivision complies with the goals and policies of the Gallatin County Growth Policy, that it meets the requirements of Section 76-3-608 of the Montana Subdivision and Platting Act, it doesn't have a large affect on adverse affect on agriculture, the affect on agricultural water users facilities have been mitigated through conditions, that the affect on local services have been mitigated, that the a proposal does not appear to be subject to potential natural hazards and that the subdivision has little impact on wildlife and wildlife habitat and that the adverse affect has been mitigated by the 4-acre park and that the adverse affects for public health and safety have been mitigated through conditions on mitigating the flooding and the high traffic volume and that the
subdivision complies with Gallatin County Subdivision Regulations, I would move to approve Kennedy Major Subdivision with staff recommended conditions with the exception of deleting #6 and adding it to condition #38 putting it in the covenants and making it a county required covenant and changing condition #11 taking out the and between subdivider and the Montana Department of Transportation and adding and the County Road Department and adding a sentence to condition #5, to require written approval from the ditch companies before final approval.
12:41:01 PM Commissioner Vincent Second
12:41:04 PM Board discussion
12:46:19 PM Gordon Williams, Attorney Comments
12:47:31 PM Motion passed 2:1. Commissioner Vincent opposed.
12:48:01 PM Chairman Murdock Public Hearing and Consideration of Request for Conditional Use Permit Approval for Chase
12:48:15 PM County Planner Christopher Scott Staff report
12:52:43 PM Discussion and Questions
12:54:54 PM Deputy County Attorney Kate Dinwiddie Questions
12:55:26 PM Jesse Chase Applicant presentation
12:56:42 PM There was no public comment.
12:56:52 PM Commissioner Vincent I move that we approve the Chase CUP for a non-agricultural assessory building finding that it meets the CUP criteria Section 13.2 of the Regulations, that the use conforms to the objectives of the development plan the intent of regulations won't adversely affect nearby properties or their occupants and in that conjunction although we haven't added it as a condition the applicant has testified that he'll direct any exterior lighting down and avoid the situation where that intrudes on neighboring properties, that the use meets the density coverage yard and all other regulations of the district in which it's located, that public meetings have been held, legal notices have been met.
12:57:47 PM Commissioner Skinner Second
12:57:50 PM Board discussion
12:58:44 PM Motion passed unanimously.
12:58:52 PM Chairman Murdock Consideration of a Resolution of the Gallatin County Commission Amending the River Rock Zoning Map (Public Hearing Held April 14, 2005-Zoning Hearing)
12:59:07 PM County Planner Warren Vaughan Presentation
1:01:18 PM Commissioner Skinner I'll move to approve Resolution #2005-067, a resolution amending River Rock Zoning Map.
1:01:29 PM Commissioner Vincent Second
1:01:33 PM Motion passed unanimously.
1:01:37 PM Chairman Murdock Consideration of a Resolution of the Gallatin County Commission Approving the Foley Variance (Public Hearing Held April 14, 2005-Zoning Hearing)
1:01:42 PM County Planner Warren Vaughan Presentation
1:02:08 PM Commissioner Vincent I move we approve Resolution #2005-068, a resolution of the Gallatin County Commission approving the Foley variance request.
1:02:20 PM Commissioner Skinner Second
1:02:24 PM There was no public comment.
1:02:32 PM Motion passed unanimously.
1:02:35 PM There were no pending resolutions.
1:02:37 PM Meeting adjourned.
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