Description Gallatin County Commissioners' Journal No. October 25, 2005
Date 10/25/2005 Location County Commission
Time Speaker Note
9:06:12 AM Chairman Murdock Called to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Murdock, Vincent and Skinner, Deputy County Attorney Kate Dinwiddie and Acting Clerk to the Board Crystal Turner.
9:06:58 AM There was no public comment on matters within the Commission's jurisdiction.
9:07:15 AM Commissioner Vincent Read Consent Agenda as follows: 1. Approval of Claims 2. Request/Decision for Common Boundary Relocation for McCartney/Fisher (Item was moved to the Regular Agenda.) 3. Request/Decision for Common Boundary Relocation Exemption for Neault/Border 4. Request/Decision for Common Boundary Relocation for Montana Conference Association of 7th Day Adventists 5. Request/Decision for Boundary Relocation Exemption for Kendall 6. Consideration and Execution of Deed Trading Fairground Property with Bozeman Pea Cannery Properties Consistent with Resolution 2005-074 7. Approval of Contract(s): Prouse Construction-RID Maintenance Snow Removal; RID Maintenance Program-Pineview RID 343
9:08:33 AM Public Comment County Planner Warren Vaughan pulled Consent Agenda Item #2 Boundary Relocation for McCartney/Fisher.
9:09:04 AM Commissioner Skinner I'll move to approve the consent agenda, except for agenda item #2, which we'll put on the Regular Agenda.
9:09:11 AM Commissioner Vincent Second
9:09:13 AM Motion passed unanimously.
9:09:17 AM Chairman Murdock Request/Decision for Common Boundary Relocation for McCartney/Fisher
9:09:56 AM County Planner Warren Vaughan Comments
9:10:49 AM County Road and Bridge Engineer George Durkin Comments
9:12:33 AM Discussion between Deputy County Attorney Kate Dinwiddie, George Durkin and the Commission.
9:14:00 AM County Planning Director Jennifer Madgic Comments
9:15:03 AM Commission comments and discussion with Jennifer Madgic.
9:16:27 AM Ray Center, Rocky Mountain Engineers Comments
9:17:49 AM There was no public comment.
9:18:01 AM Commissioner Skinner Finding that this boundary relocation does not appear to be an evasion of Subdivision and Platting Act, I would move to approve the Fisher/McCartney Common Boundary Relocation.
9:18:14 AM Commissioner Vincent Second
9:18:20 AM Motion passed unanimously.
9:18:34 AM Chairman Murdock Public Hearing and Consideration of the Request for Preliminary Plat Approval for the Rockin' S7 Minor Subdivision, Second Submittal
9:18:48 AM Commissioner Skinner Comments about relationship to applicant. Board discussion.
9:20:16 AM County Planner Randy Johnson Staff report
9:30:47 AM Commission questions and discussion with Randy Johnson.
9:31:33 AM Attorney Joby Sabol Presentation on behalf of applicant Sagehorn Capital Management, LLC. Suggests conditions 20 and 34 be combined into one condition so that there is no uncertainty of the intentions.
9:40:32 AM Steven Carlson, Sagehorn Land & Livestock, LLC Applicant presentation (Powerpoint)
9:47:26 AM Stopped recording to troubleshoot technical difficulties.
9:53:09 AM Chairman Murdock Reconvene to meeting
9:53:11 AM Steven Carlson, Sagehorn Land & Livestock, LLC Continued presentation without powerpoint
9:59:54 AM Commission questions
10:00:07 AM Steven Carlson, Sagehorn Land & Livestock, LLC Continued presentation (Powerpoint presentation started at slide #17).
10:12:51 AM Mark Chandler, C&H Engineering Presentation on behalf of applicant, Sagehorn Land & Livestock, LLC.
10:15:46 AM Public Comment Wally Brownell
10:16:47 AM County Road and Bridge Engineer George Durkin Comments. Suggests additional wording to Condition #11 to read, "Paving of the road to the north property line together with all required drainage improvements, road widening, bridge replacements and power pole relocations, if needed."
10:20:07 AM Central Valley Fire District, Assistant Chief, Bryan Connelley Comments and discussion with the Commission.
10:24:19 AM Attorney Joby Sabol Rebuttal
10:27:35 AM Discussion between the Commission, Randy Johnson, Deputy County Attorney Kate Dinwiddie, and Joby Sabol.
10:30:15 AM Closed public comment
10:30:18 AM Board Discussion including Steven Carlson, Joby Sabol and Randy Johnson.
10:47:54 AM Commissioner Skinner I'll move, finding that the variance will not be detrimental to public health, safety and welfare or injurious to adjoining properties, and finding that there is really no other viable way to get the road up there, considering the slope and the land in the subdivision, and finding that this will not be, it will not have any effect on public costs, and finding that it isn't in a zoning district so that criteria doesn't apply, I would move to approve the variance.
10:48:32 AM Commissioner Vincent Second
10:48:33 AM Board Discussion
10:49:07 AM Motion passed unanimously.
10:49:13 AM Commission suggests changes to conditions: covenants against further subdivision, restricting interior fencing, downward lighting should be moved to County required covenants. Combine condition 20 and 34. Add a condition that would say, "All residential structures shall have sprinklers for fire protection." Condition #11 changed to be as George Durkin stated on the record previously. Add a condition regarding agriculture and grazing.
10:50:30 AM Discussion between the Commission, Randy Johnson, Kate Dinwiddie, George Durkin and Joby Sabol, who added wording for agriculture and grazing condition to read, "Prior to final plat, the developer shall submit an agricultural and grazing plan for the subject property, which has been approved, or endorsed by, the Gallatin County Extension Office."
11:00:09 AM Commissioner Skinner Finding that the Rockin' S7 Minor Subdivision complies with the subdivision and zoning, or Subdivision and Platting Act, finding that it complies with the Gallatin County Subdivision Regulations, and finding that it complies with Gallatin County Growth Policy, it meets the primary criteria, the effects on agriculture have been mitigated because they've restricted the building to building envelopes to maintain productive agriculture land in the subdivision, there's a net gain of agriculture land from the reclamation of the motocross tract, the agricultural water user facilities have been mitigated through easements, local services have been mitigated, there will be fire sprinklers and fire-fill ponds on the property. The natural, the effect on natural environment has been mitigated because building envelopes
have been positioned off ridgelines, the property is not within critical wildlife habitat area and there is a letter of support from Greg Jurdanus to that effect, and the impacts on public health and safety have been mitigated through conditions, I would move to approve this subdivision with the staff suggested conditions with these changes: to move the covenants restricting further subdivision, restricting interior fencing and requiring downward lighting to be moved into county-required covenants, to add a condition, the condition we talked about, about sprinklers in residential structures, to add the condition about requiring an agriculture and grazing plan, and amending condition #11 with the language we talked about from George Durkin.
11:02:38 AM Commissioner Vincent Second
11:02:52 AM Board Discussion
11:04:10 AM Motion passed unanimously.
11:04:23 AM Recess
11:14:53 AM Chairman Murdock Reconvene to Meeting. Public Hearing and Consideration of a Resolution to Adopt Zone Map Amendment in Gallatin County/Bozeman Area Zoning District for Grace Bible Church
11:15:14 AM County Planner Warren Vaughan Presentation
11:16:21 AM There was no public comment.
11:16:34 AM Commissioner Vincent Comments, finding that nothing has changed since that point, I move that we adopt Resolution #2005-146.
11:16:50 AM Commissioner Skinner Second
11:16:54 AM Motion passed unanimously.
11:17:00 AM Chairman Murdock Continuation of public hearing, consideration and approval for a Storm Water Easement on the Gallatin County Regional Park
11:17:12 AM Open Lands Board Coordinator Mike Harris Presentation
11:19:11 AM Matt Cotterman, C&H Engineering Presentation, submitted map of easement labeled Exhibit A, Item #3.
11:20:00 AM Commission questions and discussion with Matt Cotterman, Mike Harris and Deputy County Attorney Kate Dinwiddie.
11:29:02 AM Commissioner Skinner I'll move to approve the storm water easement on the Gallatin County Regional Park with the following contingencies: purchase price be $3,000, that it will be reviewed by the board of FOR Parks on their final design before construction, and that it will be reviewed finally by the County legal staff.
11:29:30 AM Comments and discussion between Commissioner Vincent and Mike Harris.
11:30:20 AM Commissioner Skinner Amended motion to, "Reviewed and recommended by he Board of FOR Parks."
11:30:24 AM Commissioner Vincent Second
11:30:26 AM Board Discussion
11:30:47 AM Motion passed 2:1. Chairman Murdock opposed.
11:30:52 AM Chairman Murdock There were no Pending Resolutions.
11:30:58 AM Meeting Adjourned
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