Description
Gallatin County Commissioners' Journal No. January 25, 2005
Date
01/25/2005
Location
County Commission
Time
Speaker
Note
9:02:23 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 Kathy Sinnema. Public comment on any matters within the Commission's jurisdiction.
9:03:25 AM
Public comment
Frank Silva regarding the Four Corners area.
9:07:08 AM
Commissioner Vincent
Read the Consent Agenda as follows: 1. Approval of Claims 2. Approval of County Commission Public Meeting Minutes for December 30, 2004 and January 4th & 11th, 2005
9:07:49 AM
Chairman Murdock
There was no public comment.
9:07:58 AM
Commissioner Skinner
I'll move to approve the consent agenda.
9:08:02 AM
Commissioner Vincent
Second
9:08:04 AM
Motion passed unanimously.
9:08:09 AM
Chairman Murdock
There was no Public Comment. Board Appointments
9:08:45 AM
Commissioner Skinner
Tax Appeal Board
9:09:24 AM
Chairman Murdock
There was no public comment.
9:09:32 AM
Board discussion
9:10:05 AM
Chairman Murdock
Comments and I will nominate, move, that we appoint Suzanne Marshall.
9:10:19 AM
Commissioner Vincent
Second
9:10:22 AM
Board discussion
9:11:35 AM
Motion passed unanimously.
9:11:43 AM
Commissioner Vincent
Mount Green Cemetery
9:11:58 AM
Chairman Murdock
Continue Item #2 Mount Green Cemetery Board Appointment at later date. Receipt of Petition to Create Four Corners Community Water and Sewer District
9:12:36 AM
Clerk & Recorder Shelley Vance
Presentation and suggests one parcel be removed thus changing the boundary line.
9:18:19 AM
Commission questions
9:18:58 AM
Public comment
Jimmie Lohmeier
9:20:17 AM
Discussion and questions including Deputy County Attorney Kate Dinwiddie
9:21:04 AM
Commissioner Skinner
I move to receive the petition based on the Clerk and Recorder's certification that at least 10% of the registered voters in the proposed district have signed the petition and I also move to set the hearing on the petition on February 15th, 2005 and direct the Clerk and Recorder to publish the text of the petition pursuant to 7-13-2205.
9:21:30 AM
Commissioner Vincent
Second
9:21:32 AM
Board discussion
9:22:26 AM
Motion passed unanimously.
9:22:43 AM
Chairman Murdock
Public Hearing and Consideration of Request for Family Transfer Exemption for Ward
9:22:49 AM
County Planner Victoria Drummond
Staff Report
9:24:50 AM
Mark Refling, Attorney
Applicant presentation on behalf clients of the Idella Ward Estate
9:26:29 AM
Chairman Murdock
Confirm that applicant, Ivene Van Noy, was aware she would respond to questions on the record before testimony.
9:26:57 AM
Deputy County Attorney Kate Dinwiddie
Oath and questions of applicant.
9:29:12 AM
Chairman Murdock
There was no public comment.
9:29:30 AM
Commissioner Vincent
I will move that we grant the Ward family transfer exemption. I think it meets the formal criteria of the law under M.C.A. 76-3-101 and I think it meets the intended purpose of the exemption as stipulated in state law.
9:29:50 AM
Commissioner Skinner
Second
9:29:57 AM
Board discussion
9:30:05 AM
Motion passed unanimously.
9:30:11 AM
Chairman Murdock
Public Hearing and Consideration of an Improvements Agreement for the Spanish Peaks Resort Major Subdivision, Phase 1B and 1C
9:30:55 AM
Recess
9:40:19 AM
Chairman Murdock
Reconvene to meeting
9:40:42 AM
County Planner Randy Johnson
Staff Report and read letter into the record from Jason Revisky, Fire Chief
9:43:54 AM
County Attorney Marty Lambert
Comments
9:46:10 AM
Discussion and questions including applicants Wade Pannell and Peter Forsch, Spanish Peaks Holdings, LLC
9:52:30 AM
Chairman Murdock
There was no public comment. Continuance on Public Hearing and Consideration of an Improvements Agreement for the Spanish Peaks Resort Major Subdivision, Phase 1B and 1C, agenda item #5, until 2/1/05. Public Hearing and Consideration of Final Plat Approval for the Spanish Peaks Resort Major Subdivision, Phase 1B and 1C
9:53:09 AM
Discussion and questions
9:53:34 AM
Chairman Murdock
Continue item #6, Public Hearing and Consideration of Final Plat Approval for the Spanish Peaks Resort Major Subdivision, Phase 1B and 1C until 2/1/05. Continuation of Consideration of Comprehensive Amendments to the Gallatin County Subdivision Regulations
9:54:26 AM
County Planner Randy Johnson
Staff Report
10:00:15 AM
Commission questions
10:00:39 AM
Chairman Murdock
Receipt of letters from Dale Beland as Exhibit A, Item #7, Tom Henesh as Exhibit B, Item #7 and Tony Kolnik as Exhibit C, Item #7.
10:04:01 AM
Public comment
Scott Bosse, Greater Yellowstone Coalition, Dale Beland and Susan Swimley, Attorney, Nellen & Swimley
10:16:57 AM
Deputy County Attorney Kate Dinwiddie
Question
10:17:35 AM
Commission questions
10:19:09 AM
Public comment
Tom Henesh
10:19:38 AM
County Planner Sean O'Callaghan
Comments and submittal of flood hazard memo as Exhibit D, Item #7
10:23:02 AM
Public comment
Dan Griffing and Mark Haggerty with submittal of letter as Exhibit E, Item #7
10:30:58 AM
County Planner Sean O'Callaghan
Comments and submittal of setback information from Scott Bosse as Exhibit F, Item #7
10:31:48 AM
Board discussion
10:38:27 AM
Deputy County Attorney Kate Dinwiddie
Advice
10:39:50 AM
Discussion and questions including County Planner Randy Johnson
11:01:35 AM
Recess
11:12:20 AM
Chairman Murdock
Reconvene to meeting
11:12:25 AM
Discussion and questions
11:18:55 AM
County Planning Director Jennifer Madgic
Comments
11:19:42 AM
Discussion and questions including Deputy County Attorney Kate Dinwiddie
11:32:39 AM
Commissioner Vincent
I'll move that we adopt, for the purposes of considering the final resolution, the language in 3(h)2 that Planner Johnson has referenced and also include in that motion, moving the last paragraph of 3(h) to the head of that section.
11:33:04 AM
Chairman Murdock
Second
11:33:09 AM
Board discussion
11:33:29 AM
Motion passed 2:1. Commissioner Skinner opposed.
11:33:44 AM
Commissioner Vincent
I will move that we change on page 41, the water right permit Section 12 Subsection (i) that the permit referenced in that section must be obtained and presented for preliminary plat approval.
11:34:10 AM
Chairman Murdock
Second
11:34:20 AM
Board discussion
11:36:14 AM
Motion passed 2:1. Commissioner Skinner opposed.
11:36:24 AM
Commissioner Vincent
I move that on page 47 Section 6 that we strike 100 and insert 300 and strike 35 and insert 150.
11:36:38 AM
Chairman Murdock
Second
11:36:43 AM
Board discussion
11:39:38 AM
Motion passed 2:1. Commissioner Skinner opposed.
11:40:03 AM
Commissioner Vincent
I move that we keep the language currently incorporated into the Draft Subdivision Regulations in Section 6 page 58 sub. (g)6.
11:40:22 AM
Commissioner Skinner
Second
11:40:29 AM
Motion passed unanimously.
11:40:43 AM
Commissioner Vincent
I move that we approve Section 6 page 59(h) on trails and amend that section as currently presented in the Draft Regulations to incorporate Chairman Murdock's language, eliminating the word, or language pertaining to construction and inserting language stipulating that an easement and dedication is required.
11:41:14 AM
Discussion and questions
11:42:00 AM
Chairman Murdock
Second
11:42:05 AM
Board discussion
11:42:35 AM
Motion passed 2:1. Commissioner Skinner opposed.
11:42:41 AM
Commissioner Vincent
I move that on page 79 Section 8(g) that we keep that language in regards to improvements agreements. That's language that begins on sub. (g) page 79 and concludes with the underlying language on page 80.
11:43:14 AM
Commissioner Skinner
Second
11:43:17 AM
Deputy County Attorney Kate Dinwiddie
Advice
11:43:40 AM
Board discussion
11:44:38 AM
Motion passed unanimously.
11:44:42 AM
Commissioner Vincent
I move that we keep the language in Section 10(g)1 and (g)2, it's on page 103 continuing over to the very top of page 104.
11:45:02 AM
Chairman Murdock
Second
11:45:05 AM
Discussion and questions including County Planner Sean O'Callaghan, County Planning Director Jennifer Madgic and County Planner Randy Johnson
11:49:01 AM
Motion passed 2:1. Commissioner Skinner opposed.
11:49:51 AM
Commissioner Skinner
On page 68, I would move to take out the strike in major subdivisions in Section 7(f)3.
11:50:20 AM
Board discussion
11:50:58 AM
Commissioner Vincent
Second
11:51:03 AM
Discussion and questions
11:53:37 AM
Motion failed 1:2. Chairman Murdock & Commissioner Vincent opposed.
11:53:46 AM
Commissioner Skinner
Comments regarding pages 19 and 23. I would move to strike out any mention of the land use diagram in the Growth Policy with the Subdivision Regulation.
11:54:29 AM
Commissioner Vincent
Second
11:54:32 AM
Board discussion
11:55:13 AM
Motion failed 1:2. Chairman Murdock & Commissioner Vincent opposed
11:55:21 AM
Discussion and questions
11:59:39 AM
Dan Griffing
Response to question
12:00:10 PM
Commissioner Vincent
I will move that we adopt the draft amendments for the purpose of having the planning staff draft a resolution for final adoption subject of course to public hearing and that that draft resolution be advertised as required under law and that it be posted on the Gallatin County website for no less than three full weeks before a subsequent hearing.
12:00:50 PM
Board discussion
12:01:10 PM
Commissioner Skinner
Second
12:01:14 PM
Discussion and questions
12:03:54 PM
Motion passed 2:1. Commissioner Skinner opposed.
12:04:01 PM
Chairman Murdock
There were no Pending Resolutions or public comment on matters within the Commission's jurisdiction.
12:04:14 PM
Meeting adjourned
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