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Gallatin County Commission Minutes August 30, 2005
Description Gallatin County Commissioners' Journal No. August 30, 2005
Date 08/30/2005 Location County Commission
  
Time Speaker Note
9:10:14 AM Chairman Murdock Called to Order. Moment of Silence. Pledge of Allegiance. Present were Commissioners Murdock and Skinner, Deputy County Attorney Kate Dinwiddie, Deputy County Civil Attorney Greg Sullivan, and Acting Clerk to the Board Crystal Turner. Commissioner Vincent was excused.
9:11:26 AM Chairman Murdock Agenda Announcements: Regular Agenda Item #4 Public Hearing and Consideration of a Request by Rimrock Meadows, LLC for Preliminary Plat Approval for Rimrock Meadows Major Subdivision will have public comment heard, but will be continued until September 20 in West Yellowstone; Regular Agenda Item #9 Public Hearing and Consideration of Request for Final Plat Approval for Buck's T-4 Minor Subdivision will be continued.
9:13:00 AM   There was no public comment on matters within the Commission's jurisdiction.
9:13:55 AM Commissioner Skinner Read Consent Agenda as follows: 1. Approval of Claims 2. Approval of County Commission Public Meeting Minutes for August 9th, 10th, 15th, and 17th, 2005 3. Approval of Applications for Cancellation of Taxes for Parcel Number(s): RDD288, Totaling $75.33, RKE18210, Totaling $1690.86, and RGG31954, Totaling $391.85 4. Request for Common Boundary Relocation for Kallestad 5. Request/Decision for Boundary Relocation Exemption for Gadberry/Wilson 6. Request/Decision for Common Boundary Relocation Exemption for Darrel DeHaan 7. Request/Decision for Common Boundary Relocation Exemption for Carter Family LLC 8. Consideration of Request for Security for Construction Financing Exemption for Ethel Barnes 9. Consideration of Request for Security for Construction Financing Exemption for Colleen Blankenship 10. Contract(s): Contract with HKM Engineering for I-90 Interchange Environmental Assessment
9:15:49 AM   There was no public comment.
9:16:07 AM Commissioner Skinner I'll move to approve the Consent Agenda.
9:16:09 AM Chairman Murdock Second
9:16:10 AM   Motion passed unanimously.
9:16:14 AM Chairman Murdock Opening of Bids - Cameron Bridge TSEP Project
9:16:33 AM Grants Administrator Larry Watson Introduced Greg Benjamin
9:17:38 AM Greg Benjamin, Stahly Engineering Opening of Bids: 1) Sletton Construction, total base bid $572,454.00, Alternate #1 including base bid $592,454, Alternate #2 including base bid $627,454; 2) TCA Construction, total base bid $429,166.82, Alternate #1 including base bid $444,166.82, Alternate #2 including base bid $579,166.82; 3) Tammy-Eddy Construction, total base bid $531,892.90, Alternate #1 including base bid $588, 832.90, Alternate #2 including base bid $636,832.90; 4) Frontier West Construction, total base bid $706,567.80, Alternate #1 including base bid $713,567.80, Alternate #2 including base bid $756,567.80. Taken under review and will give recommendation at next Tuesday's meeting.
9:22:48 AM   Commission Comments
9:23:15 AM Chairman Murdock Public Hearing and Consideration of a Resolution to Levy and Assess a Tax on Rural Improvement Maintenance Districts within Gallatin County
9:23:29 AM Finance Director Ed Blackman Presentation
9:25:01 AM Jack Schunke, Morrison-Maierle, Inc. Comments
9:26:33 AM Public Comment George Metcalfe
9:30:33 AM   Commission questions and discussion with George Metcalfe.
9:31:32 AM Commissioner Skinner I'll go ahead and move to adopt Resolution #2005-134, a resolution to levy and asses a tax on Rural Improvement Maintenance Districts within Gallatin County, Montana.
9:31:47 AM Chairman Murdock Second
9:31:57 AM   Motion passed unanimously.
9:32:06 AM Chairman Murdock Public Hearing and Consideration of Request for Preliminary Plat Approval for the Spain Bridge Meadows Subdivision
9:33:02 AM Belgrade City-County Planner Jason Karp Staff Report
9:49:33 AM   Commission questions and discussion with Jason Karp.
9:55:53 AM Don McLaughlin, Place Architecture Presentation on behalf of applicant.
10:00:07 AM Steve Wallingford, Owner/Developer Applicant presentation
10:06:18 AM Brian Sindelar, Land Management Planning Presentation on behalf of applicant.
10:10:56 AM Joel Schauss, Consultant Presentation on behalf of applicant.
10:25:22 AM Dennis Foreman, Gaston Engineering Presentation on behalf of applicant.
10:29:29 AM Public Comment John Plenke, Mare Boustead, Vito Sinopoli, Joe Sabatini
10:45:55 AM LWQD Manager Alan English Comments. Read letter labeled Exhibit A, Item #3. Suggested Conditions: 1) The well specifications as proposed in the Preliminary Plat submittal be made a condition of Preliminary Plat approval. 2) Individual on-site septic systems as proposed with level 2 treatment and pressure dosed drain fields be made a condition of Preliminary Plat approval. 3) Creation of a County sewer and water district, not a users association, be required prior to Final Plat approval. 4) All water level and water-quality data collected during well installations, and after construction by the County sewer and water district be provided to the Gallatin Local Water Quality District.
10:50:55 AM Road & Bridge Engineer George Durkin Comments
10:52:51 AM   Commission questions and discussion with George Durkin.
10:54:32 AM Central Valley Fire District Assistant Chief Bryan Connelley Comments. Supports applicant's variance request.
10:56:39 AM Dennis Foreman, Gaston Engineering Rebuttal
10:57:32 AM   Commission Questions
10:58:11 AM Susan Swimley, Attorney, Nellen & Swimley Comments
10:59:44 AM   Board Discussion. Dennis Foreman added that they were in agreement with Alan English's requests.
10:59:59 AM Chairman Murdock Closed Public Comment
11:00:00 AM   Board Discussion. Questions and discussion between the Commission, Brian Sindelar and Dennis Foreman and Susan Swimley.
11:12:41 AM   Commission discussion with Dennis Foreman. Chairman Murdock referenced Susan Swimley's wording in letter submitted, labeled Exhibit B, Item #3.
11:14:24 AM Commissioner Skinner I'll move to appove the variance.
11:14:29 AM Chairman Murdock Second
11:14:30 AM   Board Discussion
11:15:53 AM   Motion passed unanimously
11:16:26 AM Commissioner Skinner Finding that the Spain Bridge Meadows Subdivision meets the Gallatin County Subdivision Regulations, and it complies with the Belgrade Area Plan, the 1999 Future Land Use Plan, and that the primary criteria have been mitigated, I would move to approve the subdivision with the suggested conditions from staff, correcting an error on 5F which there seems to be there is two F's there, I think that needs to be corrected. I would also add the condition addressing avigation language, as presented by the developer, adding the four conditions suggested by Alan English adding the condition of Open Space Management to say, "The Agricultural Open Space Management Plan shall be received by the County Commissioners (corrected to reviewed by) . The plan shall find the homeowners association and individual lot owners to abide by the approved plan." Adding a condition about trails, "Trails shall be constructed and maintained consistent with the trail plan submitted in the application. The trail plan shall be binding upon the association and the individual lot owners." To amend the condition #27, which the developer has suggested language, and yes and the condition, to add a condition, oh I think this sewer and water is in Alan's condition. And to say that the preliminary plat has been changed concerning those two lots, 80, 60 and 61 which will be moved according to the overhead and not the plan submitted.
11:19:21 AM Chairman Murdock Second
11:19:22 AM   Board discussion, including comments from Jason Karp.
11:20:01 AM   Commissioners Skinner and Murdock amended their motion and second.
11:20:06 AM Commissioner Skinner To add the additional language to another condition that the final plat shall delineate the boundary of the 100-year flood hazard based on where the published base flood elevations intersect surveyed natural grade.
11:20:29 AM Chairman Murdock Second
11:20:40 AM   Motion passed unanimously.
11:20:45 AM Susan Swimley, Attorney Nellen & Swimley Comments
11:21:11 AM   Recess.
11:33:26 AM Chairman Murdock Reconvene to meeting. Public Hearing and Consideration of a Request by Rimrock Meadows, LLC for Preliminary Plat Approval for Rimrock Meadows Major Subdivision
11:33:52 AM County Planner Paul Bussi Does not comply with zoning as presented today. Ask that it be continued until September 20th.
11:35:14 AM Tom Henesh, Morrison-Maierle, Inc. Comments
11:37:09 AM   Commission Questions. Discussion between Kate Dinwiddie and Tom Henesh.
11:39:45 AM Public Comment Julie Sherwood
11:44:10 AM   Commission Questions
11:44:56 AM Tom Henesh, Morrison-Maierle, Inc. Comments, including discussion with Paul Bussi and Julie Sherwood.
11:49:21 AM Public Comment Katie Grimm
11:51:27 AM   Commission Comments
11:53:26 AM Tom Henesh, Morrison-Maierle, Inc. Question
11:53:30 AM   Commission Comments, including Kate Dinwiddie.
11:54:21 AM Chairman Murdock Public Hearing and Consideration of Preliminary Plat Approval for Bradford Minor Amended Plat
11:54:33 AM County Planner Warren Vaughan Staff Report. Applicant requests that Condition K be removed and replace the covenant with a building envelope that meets the 150-foot setback required by the Subdivision Regulation.
11:57:09 AM   Commission Questions
11:58:11 AM Mark Chandler, C&H Engineering and Surveying Presentation on behalf of applicants Bryan and Kimberly Luther
12:00:30 PM   Commission Questions
12:00:50 PM   There was no public comment.
12:00:56 PM   Board Discussion
12:01:12 PM Commissioner Skinner I'll move to accept the preliminary plat approval for the amended plat of Bradford Minor Subdivision Lot 1A, with staff suggested conditions.
12:01:25 PM Chairman Murdock Second
12:01:27 PM   Board Discussion. Commissioner Skinner added, "Find that it does still meet the requirements of 76-3-608, that the effect on primary criteria will not change, and it does still comply with the Gallatin County Subdivision Regulations." Chairman Murdock concurred.
12:01:57 PM   Motion passed unanimously.
12:02:05 PM Chairman Murdock Public Hearing and Consideration of an Independent Fee Calculation for Road Impact Fees for the Broken 7 Major Subdivision
12:02:14 PM Planning Director Jennifer Madgic Staff Report
12:03:43 PM   Commission Questions
12:04:14 PM Deputy County Attorney Kate Dinwiddie Comments and discussion with the Commission and Jennifer Madgic.
12:06:08 PM Public Comment Mark Chandler, C&H Engineering and Surveying
12:07:22 PM Commissioner Skinner From George Durkin's comments, his letter, he's reluctantly accepting the reduced impact fee study, because it is based on the well-founded but maybe not accurate information with our regulations. I guess I will reluctantly move to accept the independent fee calculation for payment of County Road Impact Fees.
12:07:55 PM Chairman Murdock Second
12:07:57 PM   Board Discussion
12:08:11 PM   Motion passed unanimously.
12:08:18 PM Chairman Murdock Consideration of a Resolution of the Gallatin County Commission Granting a Variance from the Front Yard Setback of the Residential Cluster, Single Family 2.5 (acre) Section of the Gallatin Canyon/Big Sky Zoning Regulation to the Ehrenkrook Family Trust at 49935 Gallatin Road
12:08:50 PM County Planner Paul Bussi Presentation
12:09:25 PM   There was no public comment.
12:09:38 PM Commissioner Skinner Finding that the Planning and Zoning Commission adopted, or recommended adoption of this resolution unanimously, I would move to adopt Resolution #2005-135.
12:09:53 PM Chairman Murdock Second
12:09:57 PM   Motion passed unanimously.
12:10:02 PM Chairman Murdock Public Hearing and Consideration of Request for an Improvements Agreement for Buck's T-4 Minor Subdivision
12:10:08 PM County Planner Paul Bussi Staff Report
12:12:03 PM Public Comment Bob Lee, Morrison-Maierle, Inc. representing Mike Schultz and We Five, Inc.
12:13:18 PM   Commission Questions
12:13:24 PM Deputy County Attorney Kate Dinwiddie Comments and discussion with Paul Bussi, Bob Lee and the Commission.
12:14:47 PM Commissioner Skinner Mr. Chair, finding that the Gallatin County Attorney's office has reviewed and approved the Improvements Agreement, and that the fire chief concurs with the amount and the agreement, I would move to approve the Improvements Agreement for the Buck's T-4 Minor Subdivision.
12:15:01 PM   Second
12:15:05 PM   Motion passed unanimously.
12:15:10 PM Chairman Murdock Continue public hearing of Consideration of Request for Final Plat Approval for Buck's T-4 Minor Subdivision .
12:15:25 PM County Planner Paul Bussi Comments. No current weed plan.
12:15:32 PM Public Comment Bob Lee, Morrison-Maierle, Inc.
12:16:42 PM   Questions and discussion between Kate Dinwiddie, Paul Bussi and the Commission. Commission suggested hearing this at next Wednesday's Public Meeting.
12:18:46 PM Tom Henesh, Morrison-Maierle, Inc. Comments
12:19:53 PM   Commission Comments. Agrees to put on Consent Agenda for next Wednesday's Public Meeting.
12:20:43 PM   There were no Pending Resolutions .
12:20:45 PM   Meeting Adjourned.