Description Gallatin County Commissioners' Journal No. October 4, 2005
Date 10/04/2005 Location County Commission
Time Speaker Note
9:04:51 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.
9:05:33 AM Public comment Roger Koopman spoke regarding Randy Kuyath issue and the CAO position.
9:11:50 AM Chairman Murdock Agenda adjustment noting continuance of regular agenda item #6, Public Hearing and Consideration of a Joint Resolution of the City Commission of the City of Bozeman, Montana, and the Board of County Commissioners of Gallatin County, Montana, Relating to the Creation By the City of Bozeman of an Extended Special Improvement District No. 684 (City of Bozeman, and County Commission). *(This item will be continued until Wednesday, October 5th at 1:30 p.m. at the Courthouse Community Room).
9:12:45 AM Commissioner Skinner Read the consent agenda as follows: 1. Approval of Claims 2. Consideration of Final Plat Approval for the Churchill North Major Subdivision 3. Consideration of Request for Approval of an Improvements Agreement and Final Plat Approval for the Broken 7 Subdivision (moved to regular agenda for further discussion) 4. Request/Decision for Common Boundary Relocation for Leadbetter 5. Request/Decision for Common Boundary Relocation Exemption for Reed/Johnson Trust 6. Request/Decision for Common Boundary Relocation Exemption for Mohr/Groff 7. Approving of Application for Cancellation of Taxes for Parcel Number PPP19392 Totaling $5.00 8. Approval of County Commission Public Meeting Minutes for September 20th and 21st, 2005 9. Approval of Trade In: Donated Vehicle for the Chaplain 10. Approval of Disposal of Records for
the Treasurers Office 11. Approval of Budget Transfer: Clerk and Recorder and Three Forks Airport 12. Contract(s): RID 387 Registrar and Paying Agent; RID 388 Registrar and Paying Agent; External Audit Contract Between Gallatin County and AZ and Co; Teamsters Union Local #2; Gallatin Asphalt Change Order #1-Andesite RID and Evergreen RID; MOU for Yellowstone National Park Winter Use Plan 2006; Cellular One and Gallatin County for Cell Phone Service; and TCA, Inc for Cameron Bridge TSEP Construction Project.
9:15:25 AM There was no public comment.
9:15:39 AM Commissioner Vincent Move that as amended the consent agenda be adopted.
9:15:42 AM Commissioner Skinner Second
9:15:44 AM Motion passed unanimously.
9:15:47 AM Chairman Murdock Consideration of Request for Approval of an Improvements Agreement for the Broken 7 Subdivision
9:16:05 AM Belgrade City-County Planner Jason Karp Staff report
9:17:39 AM Discussion between the Commission and Deputy County Attorney Kate Dinwiddie
9:18:02 AM Road and Bridge Engineer George Durkin Comments
9:20:19 AM Bill Dreyer, C and H Engineering and Surveying, Inc Comments
9:21:48 AM Discussion and Questions
9:22:56 AM John Sinrud Presentation on behalf of applicant Daniel Fuchs
9:24:57 AM Discussion between the Commission, Deputy County Attorney Kate Dinwiddie and John Sinrud
9:28:40 AM Attorney Joby Sabol Representing client Big Sky Asphalt
9:29:09 AM Discussion between Deputy County Attorney Kate Dinwiddie and Joby Sabol
9:30:39 AM Attorney Cindy Younkin Presentation on behalf of client Daniel Fuchs.
9:32:29 AM Commissioner Skinner Based on the testimony of County Attorney's office that this Improvements Agreement is legal and finding that there would be sufficient bonding to complete this project, I move to approve the Improvements Agreement.
9:32:53 AM Commissioner Vincent Second
9:32:58 AM Board discussion
9:33:23 AM Motion passed unanimously.
9:33:26 AM Chairman Murdock Consideration of Request for Final Plat Approval of the Broken 7 Subdivision
9:33:35 AM Belgrade City-County Planner Jason Karp Staff report
9:34:10 AM John Sinrud Presentation on behalf of applicant Daniel Fuchs.
9:34:33 AM There was no public comment.
9:34:44 AM Commissioner Vincent Finding that the Broken 7 Subdivision complies with State Statute and the Gallatin County Subdivision Regs and Sub Regs, finding that all the conditions for final plat have been met and given the assurances of the applicant that the Improvements Agreement is adequate, I move that we grant final plat approval.
9:35:18 AM Commissioner Skinner Second
9:35:23 AM Board discussion
9:35:49 AM Motion passed unanimously.
9:36:00 AM Chairman Murdock Board Appointment(s)
9:36:09 AM Commissioner Vincent Gallatin County Historic Preservation Board
9:36:39 AM There was no public comment.
9:36:51 AM Commissioner Skinner I'll move to appoint Ann Butterfield to the Gallatin County Historic Preservation Board.
9:36:55 AM Commissioner Vincent Second
9:37:01 AM Motion passed unanimously.
9:37:05 AM Chairman Murdock Public Hearing and Consideration of a Request by Spanish Peaks Holding, LLC for Preliminary Plat and Subdivision PUD Approval for Phase 3B of the Spanish Peaks Resort Major Subdivision
9:38:01 AM County Planner Paul Bussi Staff report
9:48:54 AM Discussion and Questions
9:50:04 AM Bob Lee, Land Use Planner, Morrison-Maierle, Inc Presentation on behalf of the applicant Spanish Peaks Holdings, LLC. Suggests condition #6 to read as follows: All utility easements shall be shown on the final plat. Utility easements shall be provided for any underground utilities placed in a road easement or right-of-way if and as approved in writing by the utility provider. Any underground facilities shall be installed or utility culverts provided, before the road is surfaced.
10:00:16 AM Discussion between Paul Bussi, Deputy County Attorney Kate Dinwiddie, Bob Lee, and the Commission
10:06:10 AM There was no public comment.
10:06:53 AM Closed public comment.
10:06:56 AM Board discussion including Paul Bussi
10:07:58 AM Deputy County Attorney Kate Dinwiddie Advice
10:08:22 AM Commissioner Skinner I'll move to approve the waiver request.
10:08:29 AM Commissioner Vincent Second
10:08:34 AM Board discussion/Findings
10:09:13 AM Motion passed unanimously.
10:09:19 AM County Planner Paul Bussi Recommended keeping staff suggested condition #6, except for changing the first sentence to read as follows: All utility easements shall be shown on the final plat in compliance with the Subdivision Regulations.
10:10:00 AM Commissioner Skinner Finding that the Spanish Peak Resort Phase 3B Subdivision is in compliance with the Subdivision Regs and the primary criteria, finding that there is no agricultural operations in the area, there's no agricultural user facilities and finding that the impact from natural environment and the impact on wildlife and wildlife habitat is similar to the impacts in other previous and current subdivisions in the area and they have been mitigated in a similar way with the conditions and finding that the effect on public health and safety has been mitigated through conditions and that the State DEQ will be required to review and approve the water supply, stormwater drainage, and wastewater disposal facilities, I would move to approve this subdivision with staff suggested conditions except for amending condition #6 to
read, "All utility easements shall be shown on the final plat in compliance with the Subdivision Regulations, and striking the second sentence."
10:11:22 AM Commissioner Vincent Second
10:11:26 AM Board discussion
10:13:14 AM Motion passed unanimously.
10:13:20 AM Recess
10:19:21 AM Chairman Murdock Reconvene to meeting. Public Hearing and Consideration of a Resolution of Intention to Adopt a Zone Map Amendment Changing the Zoning of a Five-Acre Parcel Owned by George and Sherilyn Renner from Agricultural Suburban (AS) to Residential-Suburban Country Estates (R-S) in the Gallatin County/Bozeman Area Zoning District
10:19:56 AM County Planner Christopher Scott Staff report
10:25:24 AM Discussion and Questions
10:27:57 AM George Renner Applicant presentation.
10:29:17 AM There was no public comment.
10:29:36 AM Closed public comment.
10:29:43 AM Board discussion including Christopher Scott
10:32:16 AM Commissioner Vincent I move that we adopt Resolution of Intent #2005-140, finding that the application is consistent with the 1990 Bozeman Area Master Plan, that it is consistent with the intent and purpose of the zoning regulations and the requested new zoning classifications, that the zone map amendment is compatible with adjacent land uses and zoning classifications and that I don't know criteria #4 I would conclude that it's at least neutral in that basis.
10:32:56 AM Commissioner Skinner Second
10:33:00 AM Board discussion/Findings
10:34:03 AM Motion passed unanimously.
10:34:21 AM Chairman Murdock Public Hearing and Consideration Regarding Conditional Use Permit, Preliminary Site Plan, and Preliminary Plat Approvals for the Mount Ellis Meadows Phase II PUD Major Subdivision located in the Gallatin County/Bozeman Area Zoning District
10:35:18 AM County Planner Sean O'Callaghan Staff report, submitted previously labled Exhibit L, letter from Morrison-Maierle, Inc to Montana Department of Environmental Quality and Exhibit M, staff report regarding concurrent PUD and subdivision review in the donut. Submitted an additional suggested condition to the Commission regarding connection to sewer.
10:58:10 AM Discussion and Questions
11:01:34 AM Fred Cady, Chief, Fort Ellis Rural Fire Department Comments
11:09:32 AM Nadia Beiser Applicant presentation
11:34:30 AM Public comment David Marshall submitted aerial map of the Mount Ellis Meadows Subdivision and vicinity and a copy of the updated water quality results labeled Exhibit A, Item 4
11:44:01 AM Closed public comment.
11:44:16 AM Nadia Beiser Rebuttal
11:47:23 AM Discussion and Questions
11:47:53 AM Attorney Susan Swimley Comments on behalf of client Nadia Beiser
11:50:05 AM Jack Schunke, Morrison-Maierle, Inc Comments on behalf of applicant Nadia Beiser
11:55:59 AM Discussion between the Commission, Jack Schunke, Susan Swimley, and Nadia Beiser
12:02:50 PM Jon Olson, P.E., Morrison-Maierle, Inc Comments on behalf of applicant Nadia Beiser
12:05:55 PM Board discussion
12:08:15 PM Commissioner Skinner I'll move to recommend an approval of the waiver concerning the reduction in road centerline offsets.
12:08:22 PM Commissioner Vincent Second
12:08:27 PM Board discussion/Findings including Deputy County Attorney Kate Dinwiddie and Sean O'Callaghan
12:10:13 PM Motion passed unanimously.
12:10:28 PM County Planner Sean O'Callaghan Comments
12:10:53 PM Commissioner Skinner I'll move to accept the waiver for reduction in setbacks.
12:10:57 PM Commissioner Vincent Second
12:11:00 PM Board discussion/Findings including Sean O'Callaghan
12:11:46 PM Motion passed unanimously.
12:12:00 PM Commissioner Skinner I'll move to approve the CUP for the zoning PUD.
12:12:07 PM Commissioner Vincent Second
12:12:10 PM Board discussion/Findings including Sean O'Callaghan and Kate Dinwiddie
12:15:27 PM Motion passed unanimously.
12:15:30 PM Discussion and Questions
12:16:02 PM County Planner Sean O'Callaghan Comments
12:16:16 PM Chairman Murdock So we need a motion to approve the preliminary site plan for the PUD.
12:16:25 PM Commissioner Skinner So moved, I'll move to approve the preliminary PUD site plan.
12:16:30 PM Commissioner Vincent Second
12:16:36 PM Board discussion/Findings including Sean O'Callaghan
12:18:42 PM Motion passed unanimously.
12:18:47 PM Board discussion including Sean O'Callaghan and George Durkin
12:24:53 PM Commissioner Skinner I'll move that we require the connection what is it Northern Pike Road as presented in the application.
12:25:07 PM Chairman Murdock Second
12:25:16 PM Board discussion
12:25:27 PM Commissioner Skinner voting aye. Chairman Murdock and Commissioner Vincent opposed. Motion failed 2:1.
12:25:38 PM Commissioner Skinner Comments, I'll move to have the same strikeouts that the Planning Board did on condition #22 and 26(d), eliminating the extra requirements for fire conditions.
12:26:04 PM Commissioner Vincent Second
12:26:04 PM County Planner Sean O'Callaghan You meant 26(c)?
12:26:06 PM Discussion and Questions
12:26:11 PM Commissioner Skinner Excuse me c, yes.
12:26:16 PM Board discussion
12:27:06 PM Commissioner Skinner voting aye. Chairman Murdock and Commissioner Vincent opposed. Motion failed 2:1.
12:27:30 PM County Planner Sean O'Callaghan Comments
12:27:44 PM Commissioner Skinner Finding that the Mount Ellis Meadows Phase II PUD Major Subdivision complies with the Bozeman Area Master Plan and it complies with Montana Subdivision and Platting Act and complies with the Gallatin County Subdivision Regulations, I would move to approve this subdivision with staff suggested conditions except for adding the condition presented by Sean O'Callaghan in reference to connection to the Bozeman sewer system. (The community sewer system shall be designated to facilitate future connection with the City of Bozeman's sewer system. Prior to final plat approval of Phase II B, the applicant shall obtain a letter from the City of Bozeman confirming a connection point has been constructed to the City's specifications.)
12:28:29 PM Discussion and Questions
12:28:54 PM County Planner Sean O'Callaghan Comments
12:29:16 PM Commissioner Skinner In my motion, I will do that on condition #10 to strike the second sentence, condition #36, to strike the bullet on Northern Pike Road and to put back in the strikeouts suggested by the Planning Board on condition #22 and condition 26(c).
12:29:58 PM Commissioner Vincent Second
12:30:01 PM Board discussion/Findings
12:34:32 PM Motion passed unanimously.
12:34:35 PM Recess
12:44:57 PM Chairman Murdock Reconvene to meeting. Public Hearing and Consideration of a Resolution to Adopt Amendments to the Gallatin County Growth Policy (Sections 3.7, 4.4 and 6.2-Resolution of Intention to Amend, Passed June 21, 2005-Section 4.4 requires "Legal Petitions" of 60% of Freeholders for Creation of 201 Zoning Districts)
12:45:47 PM Planning Director Jennifer Madgic Staff report, submitted written comment from Roger Koopman labeled Exhibit A, Item 5.
12:49:13 PM Discussion between the Commission, Jennifer Madgic and Deputy County Attorney Kate Dinwiddie
12:52:52 PM Public comment Jack White, Dan Griffing, Joel Shouse, Attorney Susan Swimley, Steve White, and Jim Loessberg
1:22:49 PM Closed public comment.
1:22:54 PM Board discussion
1:32:47 PM Commissioner Vincent I will move that we adopt Resolution #2005-141, a resolution of the Gallatin County Commission adopting amendments to the Gallatin County Growth Policy.
1:33:11 PM Chairman Murdock Second
1:33:12 PM Board discussion
1:34:55 PM Motion passed 2:1. Commissioner Skinner opposed.
1:35:02 PM There were no Pending Resolutions.
1:35:08 PM Meeting adjourned.
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