Description Gallatin County Commissioners' Journal No. December 6, 2005
Date 12/06/2005 Location County Commission
Time Speaker Note
9:01:19 AM Chairman Murdock Called to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Murdock, Vincent and Skinner, County Attorney Lambert and Acting Clerk to the Board Crystal Turner.
9:02:13 AM There was no public comment on matters within the Commission's jurisdiction.
9:02:52 AM Commissioner Vincent Read Consent Agenda as follows: 1. Approval of Claims 2. Approval of County Commission Public Meeting Minutes for November 22nd and 23rd, 2005 3. Request/Decision for Common Boundary Relocation Exemption for Delzer/Olson 4. Approval of Contract(s): Contract with Bridger View Inspections, Inc. for the Re-Entry Facility
9:03:44 AM There was no public comment.
9:03:51 AM Commissioner Skinner I'll move to approve the Consent Agenda.
9:03:54 AM Commissioner Vincent Second
9:03:55 AM Motion passed unanimously.
9:03:58 AM Chairman Murdock Proclamation For Drinking and Drugged Month
9:04:35 AM Jenna Caplette, Gallatin County D.U.I Task Force Comments. Read proclamation.
9:12:05 AM Shawn Phoenix, Coordinator Gallatin Responsive Interventions Partnership Comments
9:14:39 AM There was no public comment.
9:14:49 AM Commission comments
9:16:01 AM Commissioner Skinner I'll move to approve this proclamation for drinking, declaring this month Drinking and Drug Month.
9:16:12 AM Commissioner Vincent Second
9:16:14 AM Board discussion
9:20:23 AM Motion passed unanimously.
9:20:29 AM Chairman Murdock Presentation by Montana State University Students on the Effectiveness of Drunk Driving Impact Panels and Community Service Penalty for First Time MIP Offenders
9:20:55 AM Kassi Stabio Presentation. Ellen Garrison distributed DUI Impact Panel Newsletter and printout of Community Corrections DUI Impact Panel
9:24:42 AM Commission questions and discussion with Kassi Stabio.
9:26:39 AM Tiffany Kiramidjian Presentation and distribution of printout of Community Corrections and Finding/Results sheet.
9:29:56 AM Crystal Wright Presentation
9:32:35 AM Commission comments. No action taken.
9:33:15 AM Chairman Murdock Opening of Proposals Received for Road and Bridge Shop Building Preliminary Engineering/Architectural Report
9:33:30 AM Grants Administrator Larry Watson Comments, request for continuation.
9:34:11 AM Continued agenda item until tomorrow's Public Meeting, 12-7-2005 at 1:30 p.m.
9:34:19 AM There was no public comment.
9:34:31 AM Chairman Murdock Public Hearing and Consideration of a Resolution Designating HRDC/Galavan as the Local Public Transit Provider
9:34:58 AM David Kack Presentation
9:38:47 AM Colleen Lindner, Chairman of Bobcat Transit for Associated Students for MSU Presentation
9:40:19 AM Commission questions and discussion with Colleen Lindner.
9:41:30 AM Public Comment Jarvis Brown, Stacey Haugland, Jeff Rupp with HRDC
9:53:58 AM Closed public comment.
9:54:01 AM Commissioner Vincent Comments, I will move that the Commission approve Resolution #2005-163, a Gallatin County resolution in support of public transportation services.
9:54:16 AM Commissioner Skinner Second
9:54:17 AM Board discussion
9:58:19 AM Motion passed unanimously.
9:58:46 AM Chairman Murdock Continuation of Public Hearing and Consideration of Request for Preliminary Plat Approval of Spanish Meadow Major Subdivision
9:58:56 AM Recess.
10:03:56 AM Chairman Murdock Reconvene to meeting.
10:04:10 AM County Planner Victoria Drummond Staff report. Noted changes to be: Add suggested covenant 7(p), "A septic monitoring program shall be established and managed by the property owner's association, that includes a provision for fees to provide for inspections by qualified personnel and requirements for having each septic system pumped every three years." Add to Condition #19 the wording, "or easement," after, "60-foot right-of-way." Add to beginning of sentence in Condition #39, "Prior to trail construction." Noted that condition #23, if Black Bull Run and Sharber Minor do not get final plat approval, may leave unpaved areas of access to Spanish Meadows.
10:12:36 AM Discussion between the Commission, Victoria Drummond and Marty Lambert.
10:15:52 AM Rob Pertzborn, Intrinsik Architecture Presentation on behalf of applicant, Jack Gray, Big Sky III, LLC.
10:18:18 AM Dave Crawford, Thomas, Dean & Hoskins, Inc Presentation on behalf of applicant, Jack Gray, Big Sky III, LLC.
10:24:47 AM Commission questions and discussion with Dave Crawford.
10:25:42 AM Public Comment Bruce Wilson, Fred Boylan, Tamzin Brown, Lynne Scalia
10:40:16 AM County Road & Bridge Engineer George Durkin Comments. Distributed letter addressed to him from TD & H, Inc.
10:44:13 AM Commission questions and discussion with George Durkin.
10:45:31 AM Russ McElyea, Attorney Rebuttal on behalf of applicant, Jack Gray, Big Sky III, LLC.
10:49:26 AM Commission questions and discussion with Russ McElyea.
10:57:07 AM Closed public comment.
10:57:13 AM Board discussion
11:01:02 AM Commissioner Skinner I'll move to deny the variance.
11:01:04 AM Commissioner Vincent Second
11:01:05 AM Board discussion including Russ McElyea and County Attorney Marty Lambert.
11:16:15 AM Motion passed 2:1. Chairman Murdock opposed.
11:16:26 AM Board discussion including George Durkin and Victoria Drummond.
11:25:55 AM Commissioner Skinner Finding that the Spanish Meadow Major Subdivision complies with the Gallatin County Subdivision Regulations, complies with Gallatin County Growth Policy, and it meets the requirements of the Montana Subdivision & Platting Act, under primary criteria that there are protective covenants protecting agriculture, that agricultural water user facilities have been, there's conditions that reduce the adverse effect to those, that the effect on local services have been mitigated through conditions, that the effect on wildlife and wildlife habitat has been mitigated with the setback on Dry Creek, and that the effects on Public Health and Safety have been mitigated through conditions, I would move to approve with the following, with the conditions suggested by staff except for the following corrections and changes:
add condition #7(p), which would require a septic monitoring program, which would require pumping every three years; to change condition #19 to add the words, "or easement," and condition #39 to add, "prior to trail construction." To add a condition to restrict fencing in the setback area, to change condition #33, or #23, with the following language, "Subdivider is required to pave, to County standards, Monforton School Road from Baxter Lane, to their south boundary, and Baxter Lane from Jackrabbit Lane to Love Lane." And I would also add condition #7(q) to the covenants, which would require a proportionate share of dust abatement on the remainder of Monforton Road, on the unpaved portion.
11:28:50 AM Commissioner Vincent Second
11:28:51 AM Board discussion. Applicant 's representative agrees to conditions.
11:36:22 AM Motion passed 2:1. Commissioner Vincent opposed.
11:36:28 AM Commission comments including Marty Lambert.
11:36:55 AM Recess.
11:45:18 AM Chairman Murdock Reconvene to meeting. Public Hearing and Consideration of Request for Preliminary Plat Approval for Meadow View Subdivision or also known as Country Side Estates
11:45:32 AM Discussion between the Commission, County Attorney Marty Lambert and Belgrade City/County Planner Jason Karp.
11:50:01 AM Belgrade City/County Planner Jason Karp Staff report. Recommends adding to condition #4, "a waiver and right to protest any future annexation to the City of Belgrade." Adding two conditions: #21 would read, "A water and sewer district be created," and #22 to read, "Shown on the final plat: Lot MF1 shall be limited to 10 dwelling units. The density may be increased to 30 units if the lot is connected to an existing public water system (River Rock of City of Belgrade) or if the developer submits a subsequent subdivision application for the lot with a beneficial water user permit from the State Department of National Resources and Conservation."
12:08:39 PM Discussion between the Commission, Jason Karp and County Attorney Marty Lambert.
12:11:25 PM David Graham, Graham Development, LLC Applicant presentation
12:15:58 PM Jim Pepper, Town & Country Planning Presentation on behalf of applicant Graham Development, LLC.
12:23:32 PM Commission questions and discussion with Jim Pepper.
12:26:06 PM Per Hjalmarsson, C&H Engineering Presentation on behalf of applicant Graham Development, LLC.
12:32:08 PM Joby Sabol, Attorney Comments on behalf of applicant Graham Development, LLC.
12:40:50 PM Discussion between Marty Lambert and Joby Sabol.
12:42:36 PM Public Comment Ed Dickson, Kathryn Mazza
12:46:55 PM Gallatin Local Water Quality District Manager Alan English Comments
12:54:30 PM Commission questions and discussion with Alan English.
12:56:00 PM Joby Sabol, Attorney Rebuttal
12:59:33 PM Per Hjalmarsson, C&H Engineering Rebuttal
1:01:17 PM Commission questions and discussion with Jason Karp, who suggests to edit condition #21 (actually will be another new condition) to, "30-feet of Kessler Road shall be dedicated to the public from COS No. 1779C to the South boundary of the subdivision." Applicant agrees.
1:02:01 PM Jim Pepper, Town & Country Planning Comments
1:02:47 PM Closed public comment.
1:02:51 PM Board discussion including Jason Karp.
1:08:07 PM County Attorney Marty Lambert Comments and advice
1:11:03 PM Board discussion including Marty Lambert, Joby Sabol, who agrees to Commission and Staff suggested changes to conditions and covenants, and Jim Pepper.
1:21:21 PM Continued to December 20th, 2005.
1:22:48 PM Chairman Murdock Comments, Public Hearing and Consideration of a Resolution to Create the Bozeman Pass Planning and Zoning District
1:23:25 PM Discussion between the Commission and Marty Lambert.
1:24:35 PM Planning Director Jennifer Madgic Presentation and full reading of Resolution.
1:26:44 PM Public Comment Gray Davidson, Hugo Schmidt, Jennifer Read, Tim Weyer, Scott Chelidinas, Jeanne Eggert, Janet Kempff, Mel Anderson, Deb Davidson read comments by Steve Moore, Phil Olson, Joe Gutkoski, Quincy OrHai, Deb Davidson.
2:02:03 PM Recess.
2:09:51 PM Chairman Murdock Reconvene to meeting.
2:10:00 PM Public Comment Martha Biel, Dan Griffing, Franklin Smith, Mary Jacobs, Darlene McMillan, Nona Chambers, Deb Davidson read comments by Amy Belard, Deb Davidson read comments by Tim Vischer on behalf of Vischer Family, LLC
2:34:31 PM Closed public comment
2:34:33 PM Board discussion including Marty Lambert. Entered into the record two letters in opposition sent to Commission from Gary & Dorothy Glascow and Dan Griffing.
2:36:56 PM Commissioner Vincent Comments, I will move that we adopt Resolution #2005-164, a resolution of the Gallatin County Commissioners creating the Bozeman Pass Planning and Zoning District.
2:37:12 PM Commissioner Skinner Second
2:37:16 PM Board discussion including Marty Lambert.
2:45:31 PM Motion passed unanimously.
2:45:50 PM Chairman Murdock There were no Pending Resolutions.
2:45:59 PM Meeting adjourned.
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