Description Gallatin County Commissioners' Journal May 24, 2005
Time Speaker Note
9:10:21 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 Crystal Turner.
9:11:08 AM Chairman Murdock Public Comment on matters within the Commissions' jurisdiction: County Planning Director Jennifer Madgic and County Planner Randy Johnson on 15 years of service.
9:13:06 AM Commissioner Vincent Read Consent Agenda as follows: 1. Approval of Claims 2. Approval of Applications for Cancellation of Taxes for Parcel Number(s): PPP19544 Totaling $2258.28 3. Contracts: 1. Professional Services Agreement-Gallatin County-Montana Dept of Corrections (Continued from May 10, 2005) 2. Comma-Q Architectural Agreement for the L&J Remodel
9:14:06 AM Commissioner Skinner Request Professional Services Agreement-Gallatin County-Montana Dept. of Corrections be moved to Regular Agenda.
9:14:21 AM Grants Administrator Larry Watson Request continuation of the Comma-Q Architectural Agreement for the L&J Remodel contract.
9:14:51 AM Commissioner Vincent Move approval of the Consent Agenda as amended.
9:14:56 AM Commissioner Skinner Second
9:14:58 AM Motion passed unanimously.
9:14:59 AM Chairman Murdock Professional Services Agreement-Gallatin County-Montana Dept. of Corrections
9:16:31 AM Grants Administrator Larry Watson Presentation. Change language in compensation portion to read, "15 offenders per day, per month."
9:18:01 AM Public Comment Department of Corrections Michelle Jenicek, Community Counseling and Correctional Services Jason Kovnesky, District Court Administrator Dorothy Bradley
9:21:04 AM Deputy County Attorney Kate Dinwiddie Advice
9:21:16 AM Commissioner Skinner I'll move to approve this contact contingent on making those changes discussed.
9:21:21 AM Commissioner Vincent Second
9:21:22 AM Board Discussion
9:21:33 AM Motion passed unanimously.
9:21:53 AM Chairman Murdock Board Appointments
9:22:17 AM Commissioner Skinner Ft. Ellis Fire Service Area
9:22:48 AM There was no public comment.
9:22:58 AM Commissioner Skinner I'll move to reappoint Roy Metcalf and Ruth Thibeault to the Ft. Ellis Fire Service Area.
9:23:07 AM Commissioner Vincent Second
9:23:14 AM Motion passed unanimously.
9:23:21 AM Commissioner Vincent Rae Fire Service Area
9:23:50 AM There was no public comment.
9:23:59 AM Commissioner Vincent I nominate Daniel Springer and Lynnora Jetter to be reappointed to the Rae Fire Service Area Board of Trustees.
9:24:08 AM Commissioner Skinner Second
9:24:14 AM Motion passed unanimously.
9:24:18 AM Chairman Murdock Public Hearing and Consideration of a Grant Application to the Montana Board of Crime Control for FY 2006 MRDTF Funding
9:24:45 AM Grants Administrator Larry Watson Presentation
9:26:14 AM There was no public comment.
9:26:21 AM Commissioner Vincent I move that we approve the grant application to the Montana Board of Crime Control for FY 2006 for the Missouri River Drug Task Force Funding.
9:26:31 AM Commissioner Skinner Second
9:26:37 AM Motion passed unanimously.
9:26:48 AM Chairman Murdock Consideration of a Resolution of Intent to Amend the Gallatin Miscellaneous Dept. FY 2005 Operating Budget to Include Unanticipated Revenues in the Amount of $2,559,393 Received from the Sale of the Oak Street Property
9:27:08 AM Fiscal Officer Ed Blackman Presentation
9:27:55 AM Discussion between the Commission and Ed Blackman
9:28:46 AM There was no public comment.
9:28:55 AM Commissioner Skinner I'll move to approve Resolution #2005-073 a resolution of intent to amend the Gallatin County Miscellaneous Department FY 2005 operating budget to include unanticipated revenues in the amount of $2,559,393.00 received from the sale of the Oak Street property.
9:29:16 AM Commissioner Vincent Second
9:29:21 AM Board Discussion
9:31:30 AM Motion passed unanimously.
9:31:34 AM Chairman Murdock Public Hearing and Consideration of a Resolution Exchanging Lands Between the City of Bozeman and Gallatin County at Oak Street and Gallatin County Fairgrounds
9:32:03 AM Susan Swimley, Attorney, Nellen & Swimley Presentation. Submitted letter of appraisal labeled Exhibit A Item #4
9:36:19 AM Public Comment Fairgrounds Manager Sue Shockley
9:37:26 AM Chairman Murdock Closed public comment
9:37:34 AM Commissioner Skinner Finding that the properties main exchange are similar size and value and that this would be in the best interest of Gallatin County, and particularly the Gallatin County Fairgrounds, I would move to approve Resolution #2005-074, which is a resolution of the Gallatin County Commission exchanging lands adjacent to Oak Street and affecting the Gallatin County Fairgrounds.
9:38:00 AM Commissioner Vincent Second
9:38:01 AM Board Discussion
9:38:29 AM Motion passed unanimously.
9:38:33 AM Chairman Murdock Consideration of a Resolution of Intent to Amend the Gallatin County FY 2005 Operating Budget for Receipt of Unanticipated Revenues in the Amount of $34,532 from DNRC and FEMA for the Bridger Canyon Rural Fire District
9:39:01 AM Chuck Raches Chairman of Board of Trustees for Bridger Canyon Rural Fire District Presentation
9:39:33 AM Discussion between the Commission and Chuck Raches
9:39:47 AM There was no public comment.
9:40:10 AM Commissioner Vincent I move that we approve a resolution of intent #2005-075, a resolution to amend the Gallatin County FY 2005 operating budget for receipt of unanticipated revenues in the amount of $34,532 from DNRC and FEMA for the Bridger Canyon Rural Fire District.
9:40:33 AM Commissioner Skinner Second
9:40:36 AM Board Discussion
9:40:56 AM Motion passed unanimously.
9:41:02 AM Chairman Murdock Public Hearing/Decision Regarding Proposed Fee Schedule Update
9:41:17 AM County Planner Warren Vaughan Staff Report
9:46:57 AM There was no public comment.
9:47:11 AM Discussion between the Commission, Warren Vaughan and County Planner Randy Johnson
9:52:11 AM Commissioner Vincent I move that we approve the proposed fee increases in Category 1 which would be land use permit site revisits, #4 on my sheet which would be changes to approved land use permits, and I guess we're referring to it as #5 which involves changes in the variance fees.
9:52:41 AM Commissioner Skinner Second
9:53:16 AM Motion passed unanimously.
9:53:29 AM Chairman Murdock Public Hearing and Consideration of an Improvements Agreement for the Jackson Creek Hills Major Subdivision
9:53:50 AM County Planner Randy Johnson Staff Report
9:56:27 AM Questions and Discussion between the Commission and Randy Johnson
9:58:58 AM Susan Swimley, Attorney, Nellen & Swimley Presentation on behalf of Client SICO Montana, LLC
10:01:53 AM There was no public comment.
10:02:09 AM Chairman Murdock Closed Public Comment
10:02:24 AM Deputy County Attorney Kate Dinwiddie Advice
10:03:11 AM Discussion between the Commission, Randy Johnson, Kate Dinwiddie and Susan Swimley
10:08:31 AM Chairman Murdock Continue Regular Agenda Items #7 (Public Hearing and Consideration of an Improvements Agreement for the Jackson Creek Hills Major Subdivision) and #8 (Public Hearing and Consideration of Final Plat Approval for the Jackson Creek Hills Major Subdivision) to end of meeting.
10:09:04 AM Chairman Murdock Public Hearing and Consideration of a Request for Preliminary Plat Approval for Visser Minor Subdivision
10:09:22 AM County Planner Victoria Drummond on behalf of Christopher Scott Staff Report. Noted errors in Staff Report on page 1: lot size is not 2.15 acres, but 1.31 acres, and the property is not on Hwy 191, but Norris Road is Hwy 84. Applicant requests rewording of Condition #2 to read at the beginning, "Unless subdivision is covered by an appropriate exemption."
10:15:24 AM Questions and Discussion between the Commission and Victoria Drummond
10:16:51 AM Steven Anderson, TD & H Presentation on behalf of applicant Melvin Visser.
10:19:35 AM Cindy Lacey Comments on behalf of applicant Melvin Visser.
10:20:51 AM County Road and Bridge Department George Durkin Comments
10:21:51 AM Chairman Murdock Closed Public Comment.
10:21:59 AM Board Discussion with Victoria Drummond
10:24:46 AM Commissioner Skinner I'll make a motion finding that the Visser Minor Subdivision complies with the goals and policies of the Gallatin County Growth Policy, it meets the requirements of Section 76-3-608 of the Montana Subdivision and Platting Act as far as primary criteria, it does have nearby properties that are used for agriculture but it will have minimal effects on that agricultural operations, there is covenants addressing the potential effects impacts by two nearby agriculture uses, the site doesn't appear to contain any agriculture water user facility, the subdivision complies with Fire protection requirements, the proposal doesn't appear to be subject to potential natural hazards, and the subdivision has not been identified as a critical wildlife habitat area so it has a minimal effect on wildlife and wildlife habitat,
and that the fire and emergency services have been addressed, and finding that the application complies with the provisions of the Gallatin County Subdivision Regulations I would move to approve the Visser Minor Subdivision with Staff conditions with the exception of modifying Condition #2 with the applicant's and Staff reworded language, and I would just like to make a note on Condition #10 and 11 that there is existing waivers in the Road Impact Fee Regulation to waiver those fees.
10:26:41 AM Commissioner Vincent Second
10:26:43 AM Board Discussion
10:27:30 AM Motion passed unanimously.
10:27:36 AM Chairman Murdock Public Hearing and Consideration of Final Plat Approval for the Ziegler Minor Subdivision
10:27:51 AM County Planner Sean O'Callaghan Staff Report
10:29:15 AM There was no public comment.
10:29:36 AM Commissioner Vincent I move that we grant final plat approval for the Ziegler Minor Subdivision, finding that in the professional opinion of Sean O'Callaghan that it meets all the conditions and that it complies with State Subdivision Statute, Gallatin County Subdivision Regulations and our Growth Policy.
10:29:57 AM Commissioner Skinner Second
10:30:04 AM Motion passed unanimously.
10:30:08 AM Chairman Murdock Public Hearing and Request/Decision for Boundary Relocation Exemption for Alberda Angus
10:30:41 AM County Planner Warren Vaughan Staff Report
10:32:20 AM Discussion between the Commission and Warren Vaughan and applicant John Alberda
10:33:05 AM John Alberda Applicant presentation
10:34:25 AM Clerk and Recorder Shelley Vance Comments
10:35:10 AM Commissioner Skinner I'll move to approve the Alberda Angus Common Boundary Relocation Exemption.
10:35:15 AM Commissioner Vincent Second
10:35:18 AM Board Discussion
10:36:00 AM Motion passed unanimously.
10:36:05 AM Chairman Murdock Public Hearing and Request/Decision for a Boundary Relocation Exemption for Ervin
10:36:16 AM County Planner Warren Vaughan Staff Report. Submitted recorded Plat 2142A, labeled Exhibit A Item #12
10:41:06 AM Questions and Discussion between the Commission and Warren Vaughan
10:44:44 AM Joby Sabol, Attorney Presentation on behalf of client Charles Ervin
10:50:11 AM Graciela Marin, Applicant Comments
10:51:38 AM There was no public comment.
10:51:58 AM Board Discussion
10:54:25 AM Chairman Murdock Comments, I will move that we approve this relocation of Common Boundary Exemption based on the testimony we received and finding that it is a proper use of the Relocation Boundary Exemption.
10:54:45 AM Commissioner Vincent Second
10:54:46 AM Board Discussion
10:55:17 AM Motion passed unanimously.
10:55:23 AM Chairman Murdock Public Hearing and Decision/Request for Family Transfer Exemption for Kelly
10:55:50 AM County Planner Warren Vaughan Staff Report
10:57:46 AM Chairman Murdock Confirm that applicant's, Jim and Judy Kelly, was aware they would respond to questions on the record before testimony.
10:58:20 AM Jim and Judy Kelly Sworn in by Deputy County Attorney Kate Dinwiddie and testified under oath.
11:08:52 AM Discussion between the Commission, Warren Vaughan and the Kelly's
11:09:50 AM There was no public comment.
11:10:15 AM Commissioner Skinner Finding that the Kelly Family Transfer does not appear that the applicant's purpose for using this exemption is to evade subdivision review, I would move to approve the Kelly Family Transfer.
11:10:33 AM Commissioner Vincent Second
11:10:34 AM Board Discussion
11:11:27 AM Motion passed unanimously.
11:11:31 AM Recess
11:22:20 AM Chairman Murdock Reconvene to Meeting. Public Hearing and Consideration of Resolution of Intent to Amend the Gallatin Canyon/Big Sky Zoning Regulation; Specifically Relating to Accessory Units (Sect. 29.1), Home Occupations (Sect. 29.6), Retail Uses (Multiple Sections), Casinos and Sexually Oriented Businesses (Multiple and New Sections), and Natural Resource Regulations (Multiple and New Sections). Details available at the County Planning Department
11:23:29 AM County Planner Paul Bussi Staff Report
11:26:27 AM Deputy County Attorney Kate Dinwiddie Questions and Discussion with Paul Bussi
11:27:25 AM Bill Simkins on behalf of Big Sky Zoning Advisory Committee Comments
11:28:41 AM There was no public comment.
11:29:43 AM Commissioner Vincent I move we adopt Resolution of intention #2005-076, a resolution of intention of the Gallatin County Commission to amend the Gallatin Canyon/Big Sky Zoning Regulation.
11:29:55 AM Commissioner Skinner Second
11:29:59 AM Motion passed unanimously.
11:30:04 AM Chairman Murdock Public Hearing and Consideration of Request by James and Madilyn Jones for Preliminary Plat Approval for the Subsequent Minor Subdivision (Amended Plat) of Lot 6 Block E, Aspen Groves Subdivision Phase 2
11:30:22 AM County Planner Paul Bussi Staff Report
11:36:56 AM Dennis Foreman, Gaston Engineering & Surveying, Inc. Comments on behalf of applicant's James sand Madilyn Jones.
11:37:25 AM There was no public comment.
11:37:41 AM Commissioner Vincent I move that we approve the request for preliminary plat approval for the Jones Subsequent Minor Subdivision amended plat Lot 6 Block E Aspen Grove Subdivision Phase 2, finding that it meets all the applicable regulations Subdivision and Platting Act and Gallatin County Subdivision Regulations.
11:38:09 AM Chairman Murdock Including the Conditions?
11:38:11 AM Commissioner Vincent Including the Conditions, right.
11:38:12 AM Commissioner Skinner Second
11:38:14 AM Board Discussion
11:38:36 AM Motion passed unanimously.
11:38:40 AM Chairman Murdock Consideration of a Resolution of the Gallatin County Commission Granting a Variance from the Hillside and Ridgeline Development Section of the Gallatin Canyon/Big Sky Zoning Regulation to Jack and Marsha Countryman in the Meadow Village Subdivision (Public Hearing Held May 12, 2005-Zoning Hearing)
11:39:11 AM County Planner Paul Bussi Presentation
11:39:50 AM Commissioner Skinner I'll move to approve Resolution #2005-077, a resolution of the Gallatin County Commission approving the Countryman Variance Request for Lots 8 and 9, Block 4 Meadow Village Subdivision.
11:40:03 AM Commissioner Vincent Second
11:40:09 AM Motion passed unanimously.
11:40:10 AM Chairman Murdock Public Hearing and Consideration/Decision Regarding a Resolution of Road Name Change in Gallatin County (Un-named road off of Springhill Road to Elk Springs Road)
11:40:28 AM GIS Coordinator Allen Armstrong Presentation
11:41:13 AM There was no public comment.
11:41:23 AM Commissioner Skinner I'll move to approve Resolution #2005-078 which is a resolution (changing) naming an unnamed road to Elk Springs Road.
11:41:35 AM Commissioner Vincent Second
11:41:41 AM Motion passed unanimously.
11:41:44 AM Chairman Murdock Public Hearing and Consideration/Decision Regarding a Resolution of Road Name Change in Gallatin County (Un-named road off of Pessl Road to Appaloosa Trail)
11:41:54 AM GIS Coordinator Allen Armstrong Presentation
11:42:32 AM There was no public comment.
11:42:39 AM Commissioner Vincent I move we adopt Resolution #2005-079, a resolution of road name change in Gallatin County, naming an unnamed road off of Pessl Road to Appaloosa Trail.
11:42:51 AM Commissioner Skinner Second
11:42:55 AM Motion passed unanimously.
11:42:59 AM Chairman Murdock Public Hearing and Consideration/Decision Regarding a Resolution of Road Name Change in Gallatin County (Un-named road off of Springhill Road to Eagle Watch Trail)
11:43:12 AM GIS Coordinator Allen Armstrong Presentation
11:46:25 AM Deputy County Attorney Kate Dinwiddie Advice and Discussion with Allen Armstrong
11:47:16 AM There was no public comment.
11:47:22 AM Commissioner Skinner I'll move to approve Resolution #2005-080, which is a resolution to name and un-named road off Springhill Road to Eagle Watch Trail.
11:47:32 AM Commissioner Vincent Second
11:47:37 AM Motion passed unanimously.
11:47:45 AM Chairman Murdock Continuation of Public Hearing and Consideration of an Improvements Agreement for the Jackson Creek Hills Major Subdivision
11:48:00 AM County Planner Randy Johnson Staff Report. Suggested strikeout of April 15, 2005 from Section 3 on page 2 and change to, "May 27, 2005. Except all work to complete first development phase condition #4, which shall be completed no later than June 30, 2005."
11:49:51 AM Susan Swimley, Attorney, Nellen & Swimley Comments on behalf of clients SICO Montana, LLC.
11:50:10 AM Public Comment Jennifer Reed
11:52:46 AM Closed Public Comment.
11:52:58 AM Commissioner Skinner I'll move to approve the Improvements Agreement for the Jackson Creek Hills Major Subdivision with the added language.
11:53:08 AM Commissioner Vincent Second
11:53:16 AM Motion passed unanimously.
11:53:21 AM Chairman Murdock Public Hearing and Consideration of Final Plat Approval for the Jackson Creek Hills Major Subdivision
11:53:28 AM County Planner Randy Johnson Staff Report. Stated Condition #8 and #10 page 5 would require County Attorney review and approval.
11:55:01 AM Deputy County Attorney Kate Dinwiddie Comments
11:55:38 AM Discussion between the Commission, Randy Johnson, Susan Swimley and Kate Dinwiddie
11:58:48 AM There was no public comment.
11:58:57 AM Discussion between the Commission and Susan Swimley
11:59:44 AM Closed Public Comment
11:59:50 AM Commissioner Skinner Finding that the staff has assured us that all conditions have been met, and that the Deputy County Attorney has assured us that the County Attorney has signed off on all the documents that he needed to approve, I would move to approve the final plat for Jackson Creek Hills Major Subdivision.
12:00:12 PM Commissioner Vincent Second
12:00:15 PM Board Discussion
12:02:23 PM Motion passed unanimously.
12:02:25 PM Chairman Murdock There were no Pending Resolutions.
12:02:56 PM Meeting Adjourned.
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