Description Gallatin County Commissioners' Journal No. November 8, 2005
Date 11/08/2005 Location County Commission
Time Speaker Note
9:08:48 AM Chairman Murdock Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Murdock, Skinner and Vincent, County Attorney Lambert and Acting Clerk to the Board Mary Miller. (Clerk note: No audio until 9:10:50)
9:09:42 AM There was no public comments on any matters within the Commission's jurisdiction.
9:11:43 AM Commissioner Skinner Read the consent agenda as follows: 1. Approval of Claims 2. Approval of Minutes for October 25th and 26th regular meetings and October 26th special meeting 3. Approval of Contract(s): 2006 Financial and Operating Plan w/US Forest Service; State Highway Traffic Safety/Standard Agreement - STEP; Sleepy Hollow Services-Snow Removal RID 326/341; Avalanche Snow Removal RID 340/359/362; Bush Drilling, Inc. Snow Removal RID 317/344/372; and War Wagon Services-Snow Removal RID 316/322
9:12:57 AM There was no public comment.
9:13:05 AM Commissioner Vincent Move adoption of the consent agenda.
9:13:07 AM Commissioner Skinner Second
9:13:09 AM Board discussion
9:14:17 AM Motion passed unanimously.
9:14:20 AM Chairman Murdock Consideration of Exception to State Law Bidding Requirement for Replacement for County Telephone System
9:14:35 AM County Attorney Marty Lambert Presentation/Recommendation and submitted letter from Wade Fox with B&C Telephone Operations labeled Exhibit A, Item 1.
9:21:22 AM Discussion and Questions
9:21:56 AM County IT Director Ed Kawa Comments
9:25:28 AM Commission comments
9:25:51 AM There was no public comment.
9:26:11 AM Commissioner Vincent Given the opinion of the County Attorney that granting the exemption would be valid under state law, giving the concurrence of the judges and the fact that this phone system is absolutely critical, especially the L&J Law and Justice Center, 911, Sheriff's Office, I would move that we approve the exception to state law bidding requirement for replacement of the county phone system.
9:26:39 AM Commissioner Skinner Second
9:26:42 AM Board discussion
9:27:19 AM Motion passed unanimously.
9:27:28 AM Chairman Murdock Consideration and Decision on Resolution of Intention to Create Alder Court Lane, RID #390
9:28:07 AM Craig Brawner, Morrison-Maierle, Inc Presentation and submitted informational outline for proposed RID labeled Exhibit A, Item 2
9:34:59 AM Discussion and Questions
9:37:34 AM Public comment Mary Price
9:38:37 AM Commissioner Vincent I move we adopt Resolution #RID-05-390A, a resolution of intention to create a rural improvement district #390.
9:38:47 AM Commissioner Skinner Second
9:38:51 AM Board discussion
9:40:14 AM Motion passed unanimously.
9:40:23 AM Chairman Murdock Consideration and Decision on Resolution of Intention to Create Bear Creek Properties Subdivision Phases 2 and 3 RID #391
9:40:36 AM Commissioner Vincent Comments, excluding himself because of a conflict of interest.
9:41:44 AM Craig Brawner, Morrison-Maierle, Inc Presentation and submitted informational outline for RID and revised map attachment for the resolution labeled Exhibit A, Item 3
9:48:04 AM Public comment Aleen Kienholz and Marcia Banderob
9:51:47 AM Commissioner Skinner Finding that this rural improvement district serves the public interest and convenience and its specific findings have been made in the presentation and in the exhibits, I move we adopt the Resolution of Intention #RID-05-391A, to create Rural Improvement District #391 the Bear Creek Properties Phases 2 and 3 roads RID located in Gallatin County.
9:52:13 AM Chairman Murdock Second
9:52:15 AM Board discussion including Craig Brawner
9:54:45 AM Motion passed 2:0. Commissioner Vincent abstained.
9:54:50 AM Chairman Murdock Public Hearing and Consideration of Request for Preliminary Plat Approval for Sharber Minor Subdivision
9:55:08 AM County Planner Victoria Drummond Staff report, suggested changes to condition #19 to read as follows: All subdivision interior roads shall be built to County standards, and have a 60-foot right-of-way or easement, dedicated to the public, unless other County road standards apply.
10:00:36 AM Discussion and Questions
10:04:21 AM Dave Crawford, P.E., Thomas, Dean, and Hoskins, Inc Presentation on behalf of applicant Norman J. Sharber
10:14:30 AM Discussion between the Commission and Dave Crawford
10:25:47 AM There was no public comment.
10:26:15 AM Closed public comment.
10:26:17 AM Board discussion including County Road and Bridge Engineer George Durkin, County Planner Randy Johnson, and Dave Crawford
10:42:24 AM Lynne Scalia, Superintendent, Monforton School District Comments and submitted letter from Rob Stutz, MTSBA Staff Attorney to Debra A. Silk, MTSBA General Counsel labeled Exhibit A, Item 4
10:45:47 AM Dave Crawford, P.E., Thomas, Dean and Hoskins, Inc Comments
10:46:08 AM Board discussion
10:46:59 AM Commissioner Skinner Finding that the Sharber Minor complies with the provisions of the Gallatin County Growth Policy complies with the provisions of the Gallatin County Subdivision Regulations and meets the requirements of the Montana Subdivision and Platting Act, I would move to approve with the a. How would you like to do this? Talk about the conditions later or do you want me to put my stab at the conditions.
10:47:29 AM Chairman Murdock Lets a, why don't you take a stab at it and you can take your time and we'll all chime in while you do it, cause we don't have a second yet.
10:47:39 AM Commissioner Skinner Ok, condition #19 put in the language "or easement" that a staff suggested, in condition #32, I would like to add the language, "Prior to trail construction", which doesn't bind the developer but it does, might give them some ideas with their trail construction. I would propose taking out #33 totally and I would propose on condition #22 to require paving from Baxter Lane to the east property line of the development.
10:48:25 AM Chairman Murdock I am not in favor of eliminating #33, but I am in favor of putting in, "Subdivider shall pay to the Monforton School District $2,000.00 per lot on a school mitigation plan", and somehow put in there that that was a voluntary contribution that they agreed to.
10:48:51 AM Commissioner Vincent Comments, although I'd prefer to leave condition #22 in as written because we've got a subsequent application which states the same thing and if we leave that condition in here and if we leave it in the next application, comments.
10:50:12 AM Chairman Murdock Well, I am in support of the way Joe worded #22, so based on that can we get a second on?
10:50:21 AM Commissioner Skinner Comments
10:50:37 AM County Attorney Marty Lambert Comments and Advice
10:55:03 AM Commissioner Vincent Mr. Chairman, if I might suggest language for that. The applicant has said that the subdivider will voluntarily agree to that amount even if condition #33 isn't legally binding, we're still in Montana, if the subdivider says he'll contribute $2,000.00 we've got to trust he'll contribute $2,000.00 per lot. So why don't we just write it in there condition #33, "Subdivider or applicant voluntarily agrees to contribute $2,000.00 per lot to the Monforton School District #27."
10:55:40 AM Chairman Murdock You make a second with that condition in there to the others?
10:55:42 AM Commissioner Vincent Comment, I will yes.
10:55:47 AM Board discussion including Lynne Scalia
10:56:23 AM Deputy County Attorney Greg Sullivan Comments
10:57:03 AM Discussion between the Commission, Dave Crawford and Marty Lambert
10:59:31 AM Board discussion/Findings
11:04:32 AM Motion passed unanimously.
11:04:35 AM Recess
11:14:00 AM Chairman Murdock Reconvene to meeting. Public Hearing and Consideration of Preliminary Plat Approval for Spanish Meadow Major Subdivision
11:14:13 AM County Planner Victoria Drummond Staff report, suggested changes to condition #19 to read as follows: All subdivision interior roads shall be built to County standards, and have a 60-foot right-of-way or easement, dedicated to the public, unless other County road standards apply.
11:20:28 AM Discussion and Questions
11:21:31 AM Rob Pertzborn, Intrinsik Architecture Presentation on behalf of applicant Jack Gray, Big Sky III, LLC
11:24:30 AM Dave Crawford, P.E., Thomas, Dean and Hoskins, Inc Presentation on behalf of applicant Jack Gray, Big Sky III, LLC
11:42:41 AM Attorney Russ McElyea Presentation on behalf of client Jack Gray, Big Sky III, LLC submitted new material on this application.
11:42:57 AM Discussion and Questions
11:43:32 AM County Attorney Marty Lambert Advice
11:44:17 AM Discussion between the Commission, Marty Lambert, and Russ McElyea. Applicant agreed to an extension until December 6, 2005.
12:07:19 PM County Attorney Marty Lambert You need to make a finding that those 4 items that Mr. McElyea just put into the record are relevant and creditable to your determination and are new evidence that was not submitted at a prior hearing.
12:07:37 PM Chairman Murdock We agree that that is relevant and whatever you said and new materials that need to be reviewed as part of this application.
12:07:48 PM Discussion between the Commission, Russ McElyea, Marty Lambert, and Victoria Drummond
12:13:23 PM No action taken.
12:13:30 PM Chairman Murdock Public Hearing and Consideration/Decision of Variances from the Access Standards of the Subdivision Regulations for Mel and Jane Sievert
12:14:16 PM County Planner Sean O'Callaghan Staff report
12:21:00 PM Attorney Joby Sabol Presentation on behalf of clients Mel and Jane Sievert
12:27:36 PM Discussion between the Commission, Joby Sabol, and Marty Lambert
12:36:57 PM Public comment Attorney Trent Gardner, Goetz, Gallik and Baldwin, Greg Galloway, Tony Kolnik, and Debra Anderson, Gateway Engineering and Surveying
12:46:57 PM County Planner Sean O'Callaghan Comments
12:47:42 PM Public comment Bob Steinmann
12:49:33 PM Discussion between the Commission and Joby Sabol
12:55:00 PM No action taken.
12:55:11 PM There were no Pending Resolutions.
12:55:14 PM Meeting adjourned.
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