Description Gallatin County Commissioners' Journal No. February 8, 2005
Date 02/08/2005 Location County Commission
Time Speaker Note
9:05:06 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.
9:05:51 AM Chairman Murdock There was no public comment on matters within the Commission's jurisdiction.
9:06:22 AM Commissioner Skinner Read the consent agenda as follows: 1. Approval of Claims 2. Request/Decision for Common Boundary Relocation Exemption for McKay/Kempff 3. Approval of County Commission Public Meeting Minutes for January 25, 2005 4. Approval of Contract(s): CommEn Space, Tim Schaub, GIS for Planning; A-Z Exit Audit for Treasurer's Office, Engagement Letter; and Land and Water Conservation Fund Grant for Regional Park
9:07:36 AM Chairman Murdock Noted a request to move the CDBG Big Sky Precision Loan Extension contract to the regular agenda for further discussion.
9:07:46 AM There was no public comment.
9:07:58 AM Commissioner Vincent Move adoption of the consent agenda.
9:08:01 AM Commissioner Skinner Second
9:08:02 AM Board discussion
9:08:09 AM Motion passed unanimously.
9:08:12 AM Chairman Murdock Announcement: Regular agenda Item 6, Public Hearing and Consideration by the Commission of a Resolution of Intention to Amend the Gallatin County Growth Policy. The Commission will hold the hearing, take public comment, and discuss some changes. All decisions will be continued based on the appointment of the sub-committee to investigate a process to create new zoning districts.
9:08:51 AM Chairman Murdock CDBG Big Sky Precision Loan Extension
9:09:01 AM Grants Administrator Larry Watson Presentation
9:10:14 AM Discussion between Deputy County Attorney Kate Dinwiddie and Paul Shauss'e, owner, Big Sky Precision, Inc
9:11:27 AM Commission questions
9:11:43 AM Grants Administrator Larry Watson Comments
9:12:34 AM There was no public comment.
9:12:52 AM Commissioner Skinner I think this is a real viable business and I have complete faith in Mr. Shauss'e that he'll turn the business around and make the payments, so I move to approve the contract with CDBG Big Sky Precision loan extension.
9:13:16 AM Commissioner Vincent Second
9:13:22 AM Motion passed unanimously.
9:13:32 AM Chairman Murdock Board Appointments
9:14:07 AM Commissioner Vincent Sub-Committee to Investigate Process for Creating New Zoning District
9:15:21 AM There was no public comment.
9:15:32 AM Commission comments
9:17:53 AM Planning Director Jennifer Madgic Comments
9:18:46 AM Commission comments
9:20:45 AM Commissioner Skinner I'll move to appoint the following people to the sub-committee for new zoning district process; I move to appoint Planning Board members Marty Biel, Mary Jacobs, Gail Richardson, and Mike Milmine and Members-at-Large Tina Deweese, Dan Griffing, Valerie Drake, Dale Beland, Pat Davis, Ann Bertagnolli, Melissa Blessing, and Jennifer Read.
9:21:21 AM Chairman Murdock Second
9:21:24 AM Board discussion
9:22:15 AM Motion passed unanimously.
9:23:08 AM Commissioner Skinner Gallatin County Planning Board
9:23:46 AM There was no public comment.
9:24:00 AM Commission comments, no action taken.
9:24:54 AM Chairman Murdock Hearing to Consider Petition to Annex Property Into the Belgrade Rural Fire District
9:25:10 AM Clerk and Recorder Shelley Vance Presentation
9:26:30 AM There was no public comment.
9:26:53 AM Chairman Murdock I think we have to approve the petition to annex the property into the Belgrade Rural Fire District and respectfully ask the Clerk & Recorder to prepare a resolution.
9:27:10 AM Commissioner Skinner So moved.
9:27:13 AM Commissioner Vincent Second
9:27:17 AM Board discussion
9:27:28 AM Deputy County Attorney Kate Dinwiddie Comments
9:27:35 AM Motion passed unanimously.
9:27:40 AM Chairman Murdock Public Hearing and Consideration of a Resolution of Intent to Amend the Enforcing Underage Drinking Laws Operating Budget to Include Unanticipated Revenues in the Amount of $31,940 From the Montana Board of Crime Control
9:28:01 AM Grants Administrator Larry Watson Presentation
9:28:29 AM There was no public comment.
9:28:41 AM Commissioner Skinner I'll move to approve a resolution of intent to amend the enforcing underage drinking laws operating budget to include unanticipated revenues in the amount of $31,940. My motion will include Resolution #2005-006.
9:29:45 AM Commissioner Vincent Second
9:29:51 AM Motion passed unanimously.
9:30:00 AM Chairman Murdock Public Hearing and Consideration of a Grant Application to the Montana Department of Commerce (Treasure State Endowment Program) for a Preliminary Engineering Study of the Hebgen Lake Estates Wastewater System
9:30:18 AM Grants Administrator Larry Watson Presentation
9:30:53 AM There was no public comment.
9:31:12 AM Commissioner Vincent I move that we approve the grant application to the Montana Department of Commerce to the Treasurer State Endowment Fund for a preliminary engineering study of the Hebgen Lake Estates Wastewater System.
9:31:25 AM Commissioner Skinner Second
9:31:33 AM Motion passed unanimously.
9:31:37 AM Chairman Murdock Public Hearing and Consideration of a Resolution Setting the Public Hearing Date for Consideration of Approving Tax Benefits for Ligocyte Pharmaceuticals, Inc., Pursuant to Statute 15-24-1402 MCA
9:31:58 AM Fiscal Officer Ed Blackman Presentation
9:34:08 AM Discussion
9:34:55 AM Public comment Larry Mikkola
9:36:08 AM Commissioner Skinner I move to set the public hearing date of February 15th for the consideration of approving tax benefits for Ligocyte Pharmaceuticals, Inc, and that would be Resolution #2005-007.
9:36:27 AM Commissioner Vincent Second
9:36:34 AM Motion passed unanimously.
9:36:39 AM Chairman Murdock Public Hearing and Consideration by the Commission of a Resolution of Intention to Amend the Gallatin County Growth Policy
9:37:04 AM County Planning Director Jennifer Madgic Presentation, noting additional letters received from Biel, Loessberg, Griffing, McKenna, Sabatini, Kemp, and Eggert. Submitted Resolution #2003-36B, labeled Exhibit A, Item 6.
9:43:24 AM Discussion between the Commission and County Planning Director Jennifer Madgic
9:48:21 AM Public comment Kerry White, Fred Tubb submitted copy of written testimony, labeled Exhibit B, Item 6, Betty Biggs, Dan Griffing, Jennifer Read, and Martha Biel
10:15:10 AM Closed public comment.
10:15:16 AM Board discussion, no action taken.
10:17:16 AM County Planning Director Jennifer Madgic Comments
10:17:56 AM Recess
10:24:59 AM Chairman Murdock Reconvene to meeting. Public Hearing and Consideration/Decision of Preliminary Plat Approval for the Ray Sievert Minor Subdivision
10:25:26 AM Discussion between the Commission and Deputy County Attorney Kate Dinwiddie
10:26:41 AM County Planner Sean O'Callaghan Staff report, submitted letter from Jennifer Read, labeled Exhibit A, Item 7, additional testimony received from the applicants, labeled Exhibit B, Item 7, and covenants for the Ray Sievert 2 Lot Minor Subdivision, labeled Exhibit C, Item 7.
10:39:59 AM Discussion between the Commission and Sean O'Callaghan
10:43:51 AM Mike Pentecost, Architect, Axia Architects, PLLC PowerPoint Presentation on behalf of applicant Kailo Design & Development, LLC
11:04:18 AM Discussion between the Commission and Mike Pentecost
11:11:44 AM Mike McKenna Comments on behalf of applicant Kailo Design & Development, LLC
11:12:21 AM Commission comments
11:13:30 AM Discussion between the Commission and Mike Pentecost
11:15:20 AM Dave Crawford, Engineer, TD&H, Inc Comments on behalf of applicant Kailo Design & Development, LLC
11:17:24 AM Commissioner Skinner Read into the record written testimony as follows: correspondence between Craig Jourdonnais and Mike Pentecost, Bill Muhlenfeld, Rex and Karyn Spear, (2 letters) Attorney Andrew Dana, Tutti Skaar, Greg Galloway, Amy Galloway, Nancy Bailey, Amy House Devlen, and Jennifer Read
11:19:07 AM County Planner Sean O'Callaghan Noted Exhibit G to the staff report included a letter from Noreen Breeding, dated January 27, 2005.
11:19:20 AM Public comment Carol Lee-Roark, Jerry Perlinski, Amy Galloway, Tuttie Skaar, submitted Sievert Properties Soils labeled Exhibit E, Item 7, Noreen Breeding, Roger Breeding, Bruce Thesenga, Mary Jacobs, and Brian Gallik, Attorney
11:50:27 AM Dave Crawford, Engineer TD&H, Inc Response on behalf of applicant Kailo Design & Development, LLC
11:53:45 AM Carole Lee-Roark, Hyalite Environmental Response on behalf of applicant Kailo Design & Development, LLC
11:55:43 AM Mike McKenna Response on behalf of applicant Kailo Design & Development, LLC
11:58:44 AM Leanne Schraudner, Attorney Response on behalf of client Kailo Design & Development, LLC
12:00:52 PM Closed public comment.
12:00:58 PM County Planner Sean O'Callaghan Comments
12:03:29 PM Discussion between the Commission and Mike McKenna
12:04:14 PM Board discussion
12:04:58 PM Deputy County Attorney Kate Dinwiddie Comments
12:05:08 PM Discussion between the Commission and Deputy County Attorney Kate Dinwiddie
12:06:22 PM County Planner Randy Johnson Comments
12:07:01 PM Discussion between Deputy County Attorney Kate Dinwiddie and Randy Johnson
12:07:51 PM Board discussion
12:12:42 PM Chairman Murdock Suggests additional language for condition #23 as follows: The building envelope for Lot 1 shall be located adjoining the cul-de-sac at Aspen Springs Road.
12:12:54 PM Board discussion
12:15:12 PM Commissioner Skinner Finding that the Ray Sievert Minor Subdivision is in compliance with the Gallatin County/Bozeman Area Zoning Regulations, finding that it is in compliance with State Statute Section 76-3-608 of the Montana Subdivision and Platting Act and finding that the subdivision is in compliance with the Gallatin County Subdivision Regs, I move that the Commission approve the Ray Sievert Minor Subdivision with the staff conditions with the following changes. I would like to add condition 24(o) that would address no fences, no horses, no grain farming. I would like to change condition 23 to include- A building envelope at the end of the cul-de-sac on Aspen Springs Road on Lot #1 and also a building envelope located in the NW corner of Lot 2 near the approved primary road and I would like to add condition #28 that would
address the location of 20,000 gallon cistern at the entrance to the subdivision.
12:17:04 PM Board discussion
12:17:28 PM Chairman Murdock Second
12:17:34 PM Board discussion
12:19:16 PM Motion passed 2:1. Commissioner Vincent opposed.
12:19:34 PM Recess
12:28:47 PM Chairman Murdock Reconvene to meeting. Public Hearing and Consideration/Decision of Preliminary Plat Approval for the Mel Sievert Minor Subdivision
12:29:18 PM County Planner Sean O'Callaghan Staff report, read into the record a fax just received at 12:05pm from the Trails Advisory Committee, submitted covenants for the Mel Sievert 5 Lot Minor Subdivision, labeled Exhibit A, Item 8
12:45:04 PM Commission questions
12:46:55 PM Mike Pentecost, Architect, Axia Architects, PLLC PowerPoint Presentation on behalf of applicant Kailo Design & Development, LLC
12:54:09 PM Mike McKenna Noted that Craig Kenworthy, Greater Yellowstone Coalition submitted a letter and requested that it be read in its entirety.
12:54:29 PM Mike Pentecost, Architect, Axia Architects, PLLC Presentation continued, read and submitted letter from Craig Kenworthy labeled Exhibit B, Item 8
12:57:27 PM Dave Crawford, Engineer, TD&H, Inc Presentation on behalf of applicant Kailo Design & Development, LLC
1:10:23 PM Public comment Jerry Perlinski, Greg Galloway submitting Gallatin County/Bozeman Area Future Land Use map labeled Exhibit C, Item 8 and 3-ring binder with outline in opposition to subdivision including pictures labeled Exhibit D, Item 8, Tuttie Skaar, submitting 4 pages of Subdivision Petition labeled Exhibit E, Item 8, Brian Gallik, Attorney, submitting 8 -pages from various sections of the Subdivision Regulations labeled Exhibit F, Item 8, and Scott Westphal
1:57:50 PM Closed public comment.
1:58:03 PM Dave Crawford, Engineer, TD&H, Inc Response on behalf of applicant Kailo Design & Development, LLC, submitting outline of road right-of-way for Fort Ellis Road labeled Exhibit G, Item 8
2:07:16 PM Leanne Schraudner, Attorney Response on behalf of client Kailo Design & Development, LLC
2:13:55 PM Board discussion
2:15:28 PM Deputy County Attorney Kate Dinwiddie Advice and comments
2:16:09 PM Board discussion
2:17:13 PM Discussion between the Commission and Deputy County Attorney Kate Dinwiddie
2:19:08 PM Leanne Schraudner, Attorney Comments
2:19:53 PM Board discussion
2:32:05 PM Commissioner Vincent Comments, based on the comments that Commissioner Murdock made a few moments ago in regard to sighting the Growth Policy Plan, based on Montana Subdivision statute in regard to the impact on wildlife, finding that the impact on the elk herd and on other wild animals in this particular area cannot be mitigated at least with the current design, finding that the public safety is at issue here because a variance that is necessary for the public safety and should have been included in the application was not included in that application, I move that we deny the request for the Sievert 5 lot minor.
2:33:19 PM Commissioner Skinner Second
2:33:30 PM Dave Crawford, Engineer, TD&H, Inc Comments
2:33:39 PM Commission comments
2:33:51 PM Deputy County Attorney Kate Dinwiddie Advice
2:34:19 PM Leanne Schraudner, Attorney Comments
2:34:34 PM Discussion between the Commission and Attorney Leanne Schraudner
2:36:47 PM Mike McKenna Comments
2:37:53 PM Dave Crawford, Engineer, TD&H, Inc Comments
2:37:56 PM Commission comment
2:38:00 PM Deputy County Attorney Kate Dinwiddie Advice
2:38:12 PM County Road & Bridge Department George Durkin Comments
2:39:06 PM County Planner Sean O'Callaghan Comments
2:39:29 PM Commission comment
2:40:02 PM Dave Crawford, Engineer, TD&H, Inc Comments
2:40:42 PM Recess
2:52:05 PM Deputy County Attorney Kate Dinwiddie Reconvene to meeting. Advice
2:52:33 PM Board discussion
2:52:52 PM Commissioner Skinner Withdrew second
2:52:54 PM Commissioner Vincent I withdraw the motion and essentially, Mary make the same motion as stated except deleting any portion of that motion that referred to the variance.
2:53:13 PM Commissioner Skinner Second
2:53:25 PM Motion passed unanimously.
2:53:40 PM There were no pending resolutions.
2:53:45 PM Meeting adjourned.
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