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Gallatin County Commission Minutes September 6, 2005
Description Gallatin County Commissioners' Journal No. September 6, 2005
Date 09/06/2005 Location County Commission
  
Time Speaker Note
9:04:52 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.
9:05:53 AM   Public comments on any matters within the Commission's jurisdiction. Philip Schladweiler spoke regarding development and encroachment permits.
9:08:16 AM Commissioner Vincent Read the consent agenda as follows: 1. Approval of Claims 2. Consideration/Decision of Request for Creation of Cemetery Lot and Boundary Relocation Exemption for Caffrey 3. Consideration of Request for Final Plat Approval for Buck's T-4 Minor Subdivision
9:08:58 AM   There was no public comment.
9:09:17 AM Jeannie Brown, Accounting Noted error in claims.
9:09:28 AM Commissioner Vincent Corrected initial reading of claims in both check numbers and total.
9:10:08 AM   There was no public comment.
9:10:21 AM Commissioner Skinner I'll move to approve the consent agenda, as corrected.
9:10:24 AM Commissioner Vincent Second
9:10:30 AM   Motion passed unanimously.
9:10:36 AM Chairman Murdock Public Hearing and Consideration/Decision of Request for Family Transfer Exemption for Caffrey
9:11:05 AM County Planner Victoria Drummond Staff report
9:12:57 AM Nita Rae Caffrey Sworn in by the Deputy County Attorney Kate Dinwiddie and testified under oath.
9:15:26 AM   There was no public comment.
9:15:43 AM Commissioner Skinner Based on the applicant's testimony and finding that this does not appear to be an evasion of subdivision law, I would move to approve the Caffrey family transfer exemption.
9:15:59 AM Commissioner Vincent Second
9:16:15 AM   Motion passed unanimously.
9:16:32 AM Chairman Murdock Public Hearing and Consideration/Approval and Signature on South Central Montana Interoperability Consortium MOU
9:16:46 AM DES Coordinator Jason Shrauger Presentation
9:18:01 AM   Discussion and Questions
9:20:22 AM   There was no public comment.
9:20:30 AM Commissioner Vincent I move that the Chair be authorized to sign the South Central Montana Interoperability Consortium MOU.
9:20:42 AM Commissioner Skinner Second
9:20:56 AM   Motion passed unanimously.
9:21:00 AM Chairman Murdock Bid Recommendation on Cameron Bridge TSEP Project
9:21:13 AM Greg Benjamin, Staley Engineering on behalf of Grants Administrator Larry Watson Bid award recommendation. (TCA, Inc)
9:22:12 AM   Discussion and Questions
9:25:03 AM   There was no public comment.
9:25:17 AM Deputy County Attorney Kate Dinwiddie Advice
9:25:47 AM Commissioner Vincent I'd be glad to make the motion. I don't have the paperwork in front of me though giving any of the particulars of the bid. If it suffices to make a motion that we approve the Cameron Bridge TSEP Project, then I'd move that. Bid award for that. TCA, Incorporated of Bozeman.
9:26:19 AM Commissioner Skinner Second
9:26:22 AM   Board discussion
9:27:03 AM   Motion passed unanimously.
9:27:13 AM Chairman Murdock Presentation on Citizen Survey/Public Poll
9:27:46 AM Jim Yuzeitis, Quality Surveys, Inc PowerPoint Presentation
9:58:14 AM Public comment Steve White, Dan Griffing, Jim Boorman, Deb Kimball-Robinson, Deb Wahlberg, and Sean O'Callaghan
10:17:43 AM   Commission comments  
10:30:12 AM Jim Yuzeitis, Quality Surveys, Inc Comments
10:31:11 AM   Commission comments
10:35:11 AM   No action taken.
10:35:20 AM Chairman Murdock Public Hearing and Consideration of a Resolution of Intention to Adopt the 2005 Update to the 1990 Bozeman Area Master Plan and Master Plan Map
10:35:42 AM County Planner Randy Johnson Presentation
10:41:01 AM Public comment Dale Beland and Steve White
10:44:09 AM   Closed public comment.
10:44:11 AM   Board discussion
10:44:40 AM Commissioner Vincent I move that we adopt Resolution of Intent #2005-137, to adopt the 2005 Update to the 1990 Bozeman Area Master Plan and Master Plan Map, given the corrections to the Land Use Map as sited by Randy Johnson, which include sections or partial sections of State land and designate them as per density.
10:45:16 AM Commissioner Skinner Second
10:45:21 AM   Board discussion/Findings
10:47:45 AM   Motion passed unanimously.
10:47:52 AM County Planner Randy Johnson Comments
10:48:36 AM Chairman Murdock Public Hearing and Consideration of Request for Preliminary Plat Approval for Amended Plat of Tract 19-A Ross Creek Subdivision
10:49:14 AM County Planner Christopher Scott Staff report
10:58:54 AM   Discussion and Questions
10:59:27 AM County Planner Sean O'Callaghan Added the following determination for the Commission to make: A determination as to whether or not to accept the watercourse mitigation plan.
10:59:59 AM   Discussion between the Commission, Sean O'Callaghan and Christopher Scott
11:01:59 AM Dennis Foreman, Gaston Engineering & Surveying, Inc Presentation on behalf of applicant Doug Espelien
11:03:27 AM   Discussion and Questions
11:04:39 AM Public comment Jim Boorman  
11:06:38 AM   Board discussion
11:06:49 AM Chairman Murdock Comments, I looked at the recommendations and I listened to the staff and I think you have done a more than adequate job and I would find that we should accept your flood evaluation study and that you have properly mitigated based on that work with your building envelopes as shown on the plat, comments. So moved.
11:07:26 AM Commissioner Skinner So seconded.
11:07:28 AM   Motion passed unanimously.
11:07:40 AM Commissioner Skinner I'll move to approve variance number one, which is allowing the subdivider to vary from the requirements for secondary access.
11:08:07 AM Commissioner Vincent Second
11:08:09 AM   Board discussion/Findings
11:09:14 AM   Motion passed unanimously.
11:09:22 AM County Planner Sean O'Callaghan Comments
11:09:37 AM Chairman Murdock I would find based on reading the study that the Water Course Mitigation Plan is acceptable per the plat and their study.
11:09:47 AM Commissioner Vincent Second
11:09:54 AM   Board discussion
11:10:00 AM   Motion passed unanimously.
11:10:12 AM Commissioner Skinner I'll move to grant the variance number two, which is a variance to relieve the subdivider from paving Clearview Road.
11:10:23 AM Commissioner Vincent Second
11:10:25 AM   Board discussion
11:11:05 AM   Motion passed unanimously.
11:11:11 AM   Discussion and Questions
11:11:45 AM Commissioner Vincent I move we approve the request for preliminary plat approval of the amended plat of Ross Creek, lot 19A-1, finding that it complies with 76-3-608 State Statute, our Growth Policy and our Subdivision Regs and Sub Regs, finding that the variances have been duly passed and are consistent with the conditions, that condition #10 has therefore been stricken and that we have also voted on two occasions on the Water Mitigation Plan and the Flood Hazard Water Course Mitigation.
11:12:38 AM Commissioner Skinner Second
11:12:45 AM   Motion passed unanimously.
11:12:52 AM Chairman Murdock Recess
11:38:44 AM Chairman Murdock Reconvene to meeting. Public Hearing and Consideration of a Request for Variance From the Preparation of a Flood Hazard Evaluation for the Proposed River Run Meadows Minor
11:39:20 AM County Planner Randy Johnson Staff report
11:43:32 AM Mark Chandler, C&H Engineering & Surveying, Inc Presentation on behalf of the applicant Phil Smith
11:44:43 AM   There was no public comment.
11:45:02 AM   Discussion between the Commission and County Planner Sean O'Callaghan
11:47:22 AM Commissioner Skinner I will move to grant the request for variance from the preparation of a flood hazard evaluation for the proposed River Run Meadows Minor Subdivision.
11:47:33 AM Commissioner Vincent Second
11:47:35 AM   Board discussion/Findings
11:48:16 AM   Motion passed unanimously.
11:48:19 AM Chairman Murdock Public Hearing and Consideration of a Request for Preliminary Plat Approval for River Run Meadows Minor Subdivision
11:48:34 AM County Planner Randy Johnson Staff report
11:55:44 AM   Discussion and Questions
11:56:46 AM Mark Chandler, C&H Engineering & Surveying, Inc Presentation on behalf of the applicant Phil Smith
11:58:06 AM   There was no public comment.
11:58:23 AM   Closed public comment.
11:58:24 AM   Board discussion including Randy Johnson and Road and Bridge Engineer George Durkin
12:03:19 PM Commissioner Skinner Finding that the River Run Meadows Subsequent Minor Subdivision meets the primary criteria of Section 76-3-608 of the Montana Subdivision and Platting Act, and finding that it complies with the Gallatin County Subdivision Regulations, I would move to approve this subdivision with the staff suggested conditions, except for on condition #8 eliminating the word "paved".
12:03:57 PM Commissioner Vincent Second
12:04:00 PM   Board discussion/Findings
12:05:47 PM   Motion passed unanimously.
12:05:55 PM Chairman Murdock Public Hearing and Consideration of a Request for Second Reading for a Speed Limit Reduction for the Roads in Summer Ridge Subdivision
12:06:10 PM   No objection by the public to wave entire second reading.
12:06:28 PM Commissioner Vincent Summarized the ordinance.
12:07:19 PM   There was no public comment.
12:07:37 PM Commissioner Vincent I move we adopt the Ordinance #2005-019, establishing a speed limit of 25 mph on the roads in Summer Ridge Subdivision.
12:07:47 PM Commissioner Skinner Second
12:07:53 PM   Motion passed unanimously.
12:07:58 PM Chairman Murdock Public Hearing and Consideration of Preliminary Plat Approval for the Black Bull Run Major Subdivision
12:08:45 PM County Planning Director Jennifer Madgic Staff report, noting the determination regarding the variance was eliminated. Additional letters received as follows: MSU-Jeff Jacobsen, Frances McCartney, Penny Monforton, The Winchester Group, LLC, and Terry Threlkeld, Innovative Engineering, labeled Exhibit A, Item 10 and copy of map showing proposed Durston extension from Black Bull Subdivision, labeled Exhibit B, Item 10.
12:37:30 PM   Discussion and Questions
12:40:14 PM Deputy County Attorney Kate Dinwiddie Comments and Advice
12:42:29 PM Road and Bridge Engineer George Durkin Comments and discussion with the Commission
12:47:33 PM County Planner Sean O'Callaghan Comments, submitted Exhibit C, Item 10, Black Bull Subdivision Stream Mitigation Plan
12:56:50 PM Attorney Steve Barrett Applicant presentation, submitted 2 handouts of the proposed subdivision area (part of application packet).
1:53:33 PM Jay Leachman, President of Leachman Angus Ranch, Inc Applicant presentation
2:00:18 PM Chairman Murdock Recess
2:13:04 PM Attorney Steve Barrett Reconvene to meeting. Comments
2:13:36 PM Public comment Diane Elliott, Pete Ault, Phil Schladweiler, John Hunziker, Joy Staker, Scott Benowitz, Danielle Kraus, Chris Saunders City Planner, Ted Lange Gallatin Valley Land Trust, Darwin Lehfeldt, Mike Gaffke, Jeff Pfeil, Mike Pentecost, Ken Flikkema, Richard Blankenbaker, Jim Bogen, Leslie McCartney, Charles Page, and John Leeper
3:04:08 PM   Closed public comment.
3:04:18 PM Attorney Steve Barrett Rebuttal
3:11:14 PM Road and Bridge Superintendent Lee Provance  Comments and discussion with the Commission
3:18:14 PM   Board discussion
3:18:50 PM Deputy County Attorney Kate Dinwiddie Advice
3:19:01 PM   Board discussion  
3:22:03 PM   Discussion between the Commission and Steve Barrett
3:44:41 PM Craig Madson, Allied Engineering Services, Inc Comments
3:45:09 PM Attorney John Brown Comments on behalf of the Four Corners Water & Sewer District
3:47:07 PM   Discussion between the Commission and Steve Barrett
3:47:51 PM Deputy County Attorney Kate Dinwiddie Advice
3:48:15 PM   Discussion between the Commission and Doug Chandler, Allied Engineering Services, Inc
3:52:42 PM   Board discussion including Steve Barrett
4:00:22 PM Chairman Murdock Recess
4:08:26 PM   Reconvene to meeting. Commission comments including Steve Barrett. Consideration/Decision continued until Wednesday September 21, 2005, 1:30 pm, public meeting.  
4:11:35 PM   There were no Pending Resolutions.
4:11:37 PM   Meeting adjourned.