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Gallatin County Commission Minutes July 26, 2005
Description Gallatin County Commissioners' Journal No. July 26, 2005
Date 07/26/2005 Location County Commission
  
Time Speaker Note
9:06:26 AM Acting Chairman Skinner Called to Order. Moment of Silence. Pledge of Allegiance. Present were Acting Chairman Skinner and Commissioner Vincent, County Attorney Marty Lambert and Acting Clerk to the Board Crystal Turner. Commissioner Murdock was excused.
9:07:11 AM Acting Chairman Skinner Agenda Adjustment: 5th bullet of Regular Agenda Item #1 will be continued until 8/16/05, Regular Agenda Item #2 pulled due to insufficient notice.
9:07:48 AM   Public Comment on matters within the Commission's jurisdiction: Tony Kolnik regarding the Landmark Subdivision's water supply, Roger Koopman regarding not renewing a contract with Randy Kuyath.
9:40:31 AM Commissioner Vincent Read Consent Agenda as follows: 1. Approval of Claims; 2. Approval of County Commission Public Meeting Minutes for July 12th & 13th, 2005; 3. Approval of Applications for Cancellation of Taxes for Parcel Number PPP14736 totaling $5.00; 4. Consideration of Request for Common Boundary Relocation Exemption for Bradley and Jeremy Osler and Dale and Susan Van Dyken; 5. Consideration of Approval of Easement for Construction and Maintenance of Fiber Optic Transmission Line; 6. Consideration of authorization to sign System Owner for RID 331 Middle Creek Commercial Subdivision; 7. Approval of Contracts: Same Day Delivery - Mail and Courier Services; Northern Industrial Hygiene for Hazardous Materials Assessment of L&J 3rd District Court Remodel.
9:42:21 AM   There was no public comment.
9:42:34 AM Commissioner Vincent Mr. Chairman, I move that we adopt the Consent Agenda.
9:42:38 AM Acting Chairman Skinner Second
9:42:41 AM   Motion passed unanimously.
9:42:45 AM Acting Chairman Skinner Board Appointments
9:42:58 AM Commissioner Vincent Re-Entry Community Corrections Board & Screening Committee
9:44:40 AM Public Comment District Court Administrator Dorothy Bradley and County Attorney Marty Lambert
9:47:11 AM Commissioner Vincent Mr. Chairman, I'm happy to nominate Mr. Oberhofer, Mr. Dirks, Steve Ette, Mark Tymrak, and Melissa Kelly for appointment for the Re-entry Community Corrections Board & Steering (Screening) Committee.
9:47:33 AM Acting Chairman Skinner Second
9:47:37 AM   Motion passed unanimously.
9:47:41 AM Acting Chairman Skinner Gallatin County Planning Board
9:48:34 AM Public Comment Steve White
9:50:44 AM   Commission Comments
9:57:57 AM Commissioner Vincent I will nominate Donald Seifert to fill the seat being vacated by Karl Hapcic.
9:58:06 AM Acting Chairman Skinner Second
9:58:12 AM   Motion passed unanimously.
9:58:21 AM   There was no public comment; Commission agrees to postpone appointment of 5 term-expiration applicants for one week.
9:59:07 AM Commissioner Vincent Three Forks Mosquito District
9:59:34 AM   There was no public comment.
9:59:42 AM Commissioner Vincent Mr. Chairman, I nominate Mr. Larry S. (Shawn) Wilcox for the spot being vacated by Wesley Miller (Milner) on the Three Forks Mosquito District Board.
9:59:54 AM Acting Chairman Skinner Second
9:59:58 AM   Motion passed unanimously.
10:00:02 AM Acting Chairman Skinner Pedestrian and Traffic Safety Committee
10:00:26 AM   There was no public comment.
10:00:35 AM Commissioner Vincent Mr. Chairman, seeing no public comment or hearing no public comment, excuse me, I move that we appoint, or reappoint, Mr. Frank Manseau to the Pedestrian Traffic Safety Committee.
10:00:47 AM Acting Chairman Skinner Second
10:00:53 AM   Motion passed unanimously.
10:00:56 AM Acting Chairman Skinner Gallatin County Historic Preservation Board has been continued to August 16th, 2005.
10:01:05 AM Commissioner Vincent West Yellowstone/Hebgen Basin Refuse #2
10:01:31 AM   There was no public comment.
10:01:38 AM Commissioner Vincent Hearing no public comment, Mr. Chairman I'll nominate Fred Rice to be reappointed to the West Yellowstone/Hebgen Basin Refuse District, and commenting that Mr. Rice is the City manager for West Yellowstone and is a critical member of that district board.
10:01:59 AM Acting Chairman Skinner Second
10:02:03 AM   Motion passed unanimously.
10:02:09 AM Acting Chairman Skinner Agenda Item #2 (Public Hearing to Consider a Petition to Annex Property Located in Section 8 T2S, R4E Into Central Valley Fire District) has been pulled, Public Hearing and Consideration on Proposed Budget and Using Floating Millage
10:02:24 AM Fiscal Officer Ed Blackman Presentation
10:06:09 AM   Commission Questions
10:06:38 AM Staff/Elected Officials Comment  County Under Sheriff Jim Oberhofer, County Attorney Marty Lambert
10:13:25 AM   There was no public comment.
10:13:42 AM   No Action Taken.
10:13:47 AM Acting Chairman Skinner Bid Opening for 2005 Chipsealing (Correction: should read 2006)
10:14:10 AM Road and Bridge Superintendent Lee Provance Bids were received as follows: Big Sky Asphalt, Inc. totaling $248,653.65; JTL Group totaling $217,500.00. Will be reviewed and given recommendation on August 2, 2005.
10:16:01 AM Acting Chairman Skinner Public Hearing and Consideration of a Request by Simkins Holdings, LLC, for a Third Preliminary Plat Approval Extension for a Period of One Year, for the Upland Residential Cluster A Subdivision
10:16:24 AM County Planner Paul Bussi Staff Report
10:18:35 AM Brian Gallik, Attorney Presentation on behalf of client Simkins Holdings, LLC
10:21:48 AM Bill Simkins, Simkins Holdings, LLC Comments
10:22:56 AM   There was no public comment.
10:23:09 AM   Board Discussion
10:24:21 AM Commissioner Vincent Mr. Chairman for the purposes of proceeding I'll move that we grant the request for third one-year extension of the preliminary plat approval for the Gallatin Peaks Upland Residential Cluster A Major Subdivision, finding that the applicant has made a rational case for such an extension and that the project is a very large one that no doubt from time to time needs to be adjusted to make it the best project it can be.
10:24:57 AM   Commission Comments
10:25:04 AM Acting Chairman Skinner Second
10:25:06 AM   Board Discussion
10:25:32 AM   Motion passed unanimously.
10:25:46 AM Acting Chairman Skinner Public Hearing and Consideration on an Improvements Agreement for the Big Sky Town Center Subdivision, Town Center Avenue West Phase
10:26:05 AM County Planner Randy Johnson Staff Report
10:28:43 AM   Commission Questions
10:29:41 AM Bill Simkins, Simkins Holdings, LLC Comments
10:30:27 AM   Commission Questions
10:31:00 AM   There was no public comment.
10:31:07 AM   Board Discussion
10:31:12 AM Commissioner Vincent Mr. Chairman, noting that there are no red flags and noting that the Gallatin County Attorney's office has both reviewed and approved the improvements agreement, I will move based on the testimony of the applicant and Randy Johnson that we approve the Improvement Agreement for the Big Sky Town Center Subdivision Town Center Avenue West Phase.
10:31:38 AM Acting Chairman Skinner Second
10:31:43 AM   Motion passed unanimously.
10:31:48 AM Acting Chairman Skinner Public Hearing and Consideration of Final Plat Approval for the Big Sky Town Center Subdivision, Town Center Avenue West Phase
10:31:58 AM County Planner Randy Johnson Staff Report
10:34:28 AM Brian Gallik, on behalf of applicant Simkins Holdings, LLC Comments to change plat in second paragraph under Certificate of County Commissioners to read as follows, "I, chairman of the board of County Commissioners of Gallatin County Montana, in approving the relocation of roads and public utility easements as shown on the accompanying plat, do hereby release, remise, convey and forever quitclaim under the Town Center Owner's Association and West Land Enterprises, Inc., the public utility easements granted in the Big Sky Town Center Subdivision Phase 1, and the following public right-of-way easements, etc..."
10:36:39 AM   There was no public comment.
10:36:49 AM   Board Discussion
10:38:31 AM Commissioner Vincent Mr. Chairman noting that there's no public comment on this matter, I will move that we approve final plat approval for the Big Sky Town Center Subdivision Town Center Avenue West Phase, finding that Planner Johnson has stated that it meets all the requirements, and adding the language as read into the record by Mr. Gallik involving the public utility easement verbige that needs to be included.
10:39:07 AM Acting Chairman Skinner Second
10:39:15 AM   Motion passed unanimously.
10:39:22 AM Acting Chairman Skinner Public Hearing and Consideration of a Request for Approval of Amended Plat for the Wiley Creek Ranch Subdivision
10:39:43 AM Belgrade City/County Planner Jason Karp Staff Report, noted incorrect dates on Staff Report.
10:41:32 AM Public Comment Rick Kerin, Project Engineer.
10:42:04 AM Commissioner Vincent Mr. Chairman, I'll move, noting the staff report and the approval of the Wylie Creek Ranch Home Owner's Association and noting the work that went into tweaking this proposal to make it fit, that we approve the amended plat for the Wylie Creek Ranch Subdivision.  
10:42:29 AM Action Chairman Skinner Second
10:42:36 AM   Motion passed unanimously.
10:42:41 AM Acting Chairman Skinner Public Hearing and Consideration of Request for Family Transfer Exemption for John and Dianna Hultman
10:42:52 AM Belgrade City/County Planner Jason Karp Staff Report
10:44:00 AM Acting Chairman Skinner Confirmed that applicants, Dianna, John and Cal Hultman, were aware that they would respond to questions on the record before testimony.
10:44:25 AM Dianna Hultman, John Hultman and Cal Hultman Sworn in by County Attorney Marty Lambert and testified under oath.
10:50:24 AM   Board Discussion
10:51:10 AM Commissioner Vincent So I will move (if I find my sheet here) that we grant the Family Transfer Exemption to John and Dianna Hultman, finding that it is not an attempt to circumvent the Subdivision and Platting Act, and given the testimony of the applicant that it if they were in the future to sell a lot as proposed here, as outlined on the Certificate of Survey, that they would be willing to submit an application for subdivision review.
10:51:45 AM Acting Chairman Skinner Second
10:51:47 AM   Board Discussion
10:51:58 AM   Motion passed unanimously.
10:52:03 AM Acting Chairman Skinner There were no Pending Resolutions .
10:52:05 AM   Meeting Adjourned.