Gallatin County Commissioners' Journal April 26, 2005
Time Speaker Note
9:05:24 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.
9:06:12 AM There was no public comment on matters within the Commission's jurisdiction. Agenda adjustment: Regular agenda Item #10, Presentation and Formal Recommendations of the Gallatin County Transfer of Development Rights Feasibility Committee will be moved to agenda Item #2.
9:07:04 AM Commissioner Skinner Read the consent agenda as follows: 1. Approval of Claims 2. Approval of County Commission Public Meeting Minutes for April 12th and 13th, 2005 3. Consideration of Request for Common Boundary Relocation Exemption for Steven & Kathryn Barnes and Darryl & Kirk Brower 4. Contract(s): State of Montana Intergovernmental Agreement for the Transfer of Monies to the State for FY 2005 (Rest Home)
9:08:09 AM There was no public comment.
9:08:21 AM Commissioner Vincent Move adoption of the consent agenda.
9:08:24 AM Commissioner Skinner Second
9:08:26 AM Motion passed unanimously.
9:08:29 AM Chairman Murdock Agenda adjustment: Regular agenda Item #15, Continuation on Public Hearing and Consideration of Request for Preliminary Plat Approval for the Amended Plat of Lots 19-27, Lots 43 and 44, and Deed-Created Easterly Portions of Lots 45-47 of the Rainbow Subdivision, Bozeman Hot Springs Tract and Item #16, Continuation of Public Hearing and Consideration of Request for Final Plat Approval for Big Sky Town Center Subdivision--Residential West Phase will both be continued.
9:09:15 AM Chairman Murdock Board appointments
9:09:20 AM Commissioner Vincent Bozeman City Planning Board
9:09:57 AM There was no public comment.
9:10:04 AM Commissioner Skinner I'll move to appoint Mike Hope to the Bozeman City Planning Board.
9:10:09 AM Commissioner Vincent Second
9:10:13 AM Board discussion
9:10:31 AM Motion passed unanimously.
9:10:36 AM Commissioner Vincent Gallatin County Planning Board
9:11:13 AM There was no public comment.
9:11:24 AM Commissioner Skinner I'll move to appoint Debra Wahlberg to the Gallatin County Planning Board.
9:11:31 AM Commissioner Vincent Second
9:11:34 AM Board discussion
9:12:43 AM Motion passed unanimously.
9:12:48 AM Commissioner Skinner Open Lands Board
9:13:22 AM There was no public comment.
9:13:32 AM Commissioner Vincent I nominate Edwin T. Churchill for appointment to the Open Lands Board.
9:13:37 AM Commissioner Skinner Second
9:13:47 AM Motion passed unanimously.
9:13:52 AM Chairman Murdock Presentation and Formal Recommendations of the Gallatin County Transfer of Development Rights Feasibility Committee
9:14:12 AM County Planning Director Jennifer Madgic Presentation
9:15:58 AM Open Lands Board Coordinator Mike Harris Comments
9:17:17 AM Gallatin County TDR Feasibility Committee Presentation- Barry Jacobsen, Kevin Cook submitted written testimony labeled Exhibit A, Item #10, Bill Muhlenfeld, and Dick Dolan
9:37:48 AM County Planning Director Jennifer Madgic Comments and presented appreciation trophies to committee members.
9:41:02 AM Public comment Steve White
9:44:12 AM Commissioner Skinner I'll move to accept the report from the TDR committee.
9:44:15 AM Commissioner Vincent Second
9:44:20 AM Board discussion
9:51:18 AM Motion passed unanimously.
9:51:24 AM Chairman Murdock Agenda announcement: It was noted that regular agenda Item #15 Continuation on Public Hearing and Consideration of Request for Preliminary Plat Approval for the Amended Plat of Lots 19-27, Lots 43 and 44, and Deed-Created Easterly Portions of Lots 45-47 of the Rainbow Subdivision, Bozeman Hot Springs Tract would not be continued as announced earlier.
9:51:59 AM Chairman Murdock Recommendation and Acceptance of Bid For Snow Removal/Equipment Building at Progreba Field Airport
9:52:27 AM Scott Bell, Morrison-Maierle, Inc, representing the Gallatin County Airport Board Comments and bid recommendation to low bidder Sullway Construction, Inc in the amount of $169,800.00. Submitted bid tabulation labeled Exhibit A, Item #2.
10:01:21 AM Discussion between the Commission, Deputy County Attorney Kate Dinwiddie, and Scott Bell
10:06:55 AM There was no public comment.
10:07:05 AM Commissioner Skinner I'll move to accept the recommendation of the board and award the contract for snow removal equipment building to Sullway Construction Incorporated for the amount of $169,800.00 contingent on FFA funding being approved, contingent on the Columbus loan being approved contingent on the aeronautics grant being approved and contingent on them working with Larry Watson to prepare the necessary documents.
10:07:40 AM Commissioner Vincent Second
10:07:54 AM Board discussion
10:08:25 AM Motion passed unanimously.
10:08:31 AM Chairman Murdock Recommendation and Acceptance of Bids for 2005 Guardrail Installation
10:08:40 AM Road and Bridge Superintendent Lee Provance Bid recommendation to accept the bid received from OMO Construction in the amount of $54,818.75.
10:09:19 AM There was no public comment.
10:09:31 AM Commissioner Vincent I move that we accept the bid as recommended by Lee Provance.
10:09:40 AM Commissioner Skinner Second
10:09:49 AM Motion passed unanimously.
10:09:57 AM Chairman Murdock Public Hearing and Consideration of a Resolution Changing the Name Of The "Belgrade Rural Fire Control District" To The "Central Valley Fire District"
10:10:13 AM Chief Deputy Clerk and Recorder Eric Semerad Presentation
10:11:02 AM Greg Metzger, Vice Chairman, Belgrade RFD Board of Directors Presentation
10:11:57 AM Public comment Sonja Berg
10:13:03 AM Discussion between the Commission, Greg Metzger, and Deputy County Attorney Kate Dinwiddie
10:15:52 AM Commissioner Skinner I'll move to adopt the resolution changing the name of the Belgrade Rural Fire Control District to the Central Valley Fire District and incorporating the effective day of July 1, 2005.
10:16:11 AM Chairman Murdock With a resolution memorializing the action we are taking today to be placed under pending resolutions next week.
10:16:18 AM That too.
10:16:20 AM Commissioner Vincent Second
10:16:34 AM Motion passed unanimously.
10:16:52 AM Chairman Murdock Public Hearing and Consideration of a Resolution to Amend the Women Infant and Children FY 2005 Operating Budget to Include New Revenues in the Amount of $19,741 to Cover Expenses for Salary and Operating Expenses and Maternal Child Health Capital Reserve Transfer of $18,000 To Capital Outlay
10:17:20 AM Grants Administrator Larry Watson on behalf of Fiscal Officer Ed Blackman Presentation
10:18:25 AM There was no public comment.
10:18:32 AM Commissioner Vincent I move that we adopt Resolution #2005-054, resolution to amend the Women Infant and Children FY 2005 operating budget to include the new revenues of $19,741 and operating expenses transfer of $18,000 To Capital Outlay.
10:18:59 AM Commissioner Skinner Second
10:19:06 AM Motion passed unanimously.
10:19:14 AM Chairman Murdock Public Hearing and Consideration of a Resolution to Amend the Gallatin County FY2005 Budget By Appropriating $77,498 Plus Another Grant of $10,000 in Revenues Received From the Dept. Of Homeland Security, Office of Domestic Preparedness Program to the Disaster and Emergency Services War Supplemental Fund
10:19:18 AM Grants Administrator Larry Watson on behalf of Fiscal Officer Ed Blackman Presentation
10:20:06 AM There was no public comment.
10:20:16 AM Commissioner Skinner I'll move to adopt Resolution #2005-055, which is a resolution to amend the Gallatin County FY2005 budget by appropriating $75,498 Plus Another Grant of $10,000 in revenues received from the Dept. Of Homeland Security, Office of Domestic Preparedness Program to the Disaster and Emergency Services War Supplemental Fund
10:20:41 AM Commissioner Vincent Second
10:20:47 AM Motion passed unanimously.
10:21:00 AM Chairman Murdock Public Hearing and Consideration of Request for Family Transfer Exemption for Gordon & Edna Dykstra Commissioner Vincent was absent for this agenda item.
10:21:11 AM Belgrade City-County Planner Jason Karp Staff report
10:22:14 AM Gary Dykstra on behalf of applicant's Gordon and Edna Dykstra Sworn in by Deputy County Attorney Kate Dinwiddie and testified under oath.
10:23:18 AM Dennis Foreman, Gaston Engineering Comments on behalf of applicant's Gordon and Edna Dykstra.
10:26:57 AM There was no public comment.
10:27:14 AM Commissioner Skinner Based on the testimony by Gary Dykstra representing himself and Gordon and Edna Dykstra and finding that this family transfer meets the requirements for the exemption to subdivision regulations allowed under the Montana Subdivision and Platting Act 76-3-201 through 76-3-210, I move to approve the Dykstra family transfer.
10:27:42 AM Chairman Murdock Second
10:28:00 AM Motion passed unanimously.
10:28:08 AM Chairman Murdock Public Hearing and Consideration of Request for Family Transfer Exemption for Vito & Theresa Sinopoli
10:28:21 AM Belgrade City-County Planner Jason Karp Staff report
10:29:49 AM Theresa and Vito Sinopoli, applicants Sworn in by Deputy County Attorney Kate Dinwiddie and testified under oath.
10:31:57 AM Mark Chandler, C&H Engineering and Surveying Comments on behalf of applicant's Vito and Theresa Sinopoli.
10:34:37 AM There was no public comment.
10:34:45 AM Commissioner Skinner Based on the testimony of Theresa and Vito Sinopoli, finding that the Sinopoli family transfer appears to met the requirement for the exemption to subdivision regulations allowed under the Montana Subdivision and Platting Act, I would move that we approve the Sinopoli family transfer.
10:35:10 AM Commissioner Vincent Second
10:35:17 AM Motion passed unanimously.
10:35:23 AM Chairman Murdock Public Hearing and Consideration of Request for Approval of the Amended Plat of High K Corner Minor Subdivision for Shawn Koenig
10:35:32 AM Belgrade City-County Planner Jason Karp Staff report
10:37:39 AM Shawn Koenig, applicant Presentation
10:43:22 AM There was no public comment.
10:43:47 AM Shawn Koenig, applicant Comments
10:44:58 AM Commissioner Skinner Move to amend the recorded plat for High K Corner Minor Subdivision for Shawn Koenig.
10:45:16 AM Commissioner Vincent Second
10:45:30 AM Board discussion
10:45:54 AM Belgrade City-County Planner Jason Karp Comments
10:46:49 AM Motion passed unanimously.
10:47:01 AM Chairman Murdock Public Hearing and Request/Decision for Family Transfer Exemption for Kruse
10:48:07 AM County Planner Warren Vaughan Staff report
10:51:16 AM Discussion between the Commission, Warren Vaughan, and Deputy County Attorney Kate Dinwiddie
10:57:00 AM Kelly Kruse, applicant Sworn in by Deputy County Attorney Kate Dinwiddie and testified under oath.
11:07:16 AM Public comment Bryan McDaniel, Dave Lambrecht, and Dan Talbert
11:20:28 AM Closed public comment.
11:20:42 AM Kelly Kruse, applicant Rebuttal
11:21:46 AM Discussion between the Commission, Kelly Kruse, and Warren Vaughan
11:23:52 AM Board discussion
11:24:09 AM Commissioner Skinner Based on the testimony of Kelly Kruse and finding that this does met the requirements of Section 76-3-207 1(b), I'll move to approve the Kruse family transfer.
11:24:31 AM Commissioner Vincent Second
11:24:35 AM Board discussion
11:26:33 AM Discussion between the Commission, Warren Vaughan, Kate Dinwiddie, and Kelly Kruse
11:39:03 AM Phillip Kruse Comments
11:40:46 AM Motion passed 2:1. Commissioner Vincent opposed.
11:40:57 AM Commission comment
11:41:26 AM Recess
11:52:01 AM Chairman Murdock Reconvene to meeting. Public Hearing and Consideration of Request for Improvements Agreement for East Bangtail Ranch Minor Subdivision
11:52:31 AM County Planner Christopher Scott Staff report
11:53:56 AM Discussion between the Commission and Christopher Scott
11:54:29 AM Ed Matos, P.E., Bridger Engineers, Inc Comments on behalf of client's Guy Coats for Bangtail Partners
11:55:30 AM There was no public comment.
11:55:46 AM County Planner Christopher Scott Comments
11:56:39 AM Commissioner Skinner Finding that the County Attorney's office and the Road Department has approved this agreement, I'll move to approve the Improvements Agreement for the East Bangtail Ranch Minor Subdivision.
11:57:02 AM Commissioner Vincent Second
11:57:08 AM Motion passed unanimously.
11:57:13 AM Chairman Murdock Public Hearing and Consideration of Request for Final Plat Approval for East Bangtail Ranch Minor Subdivision
11:57:18 AM County Planner Christopher Scott Staff report
11:58:23 AM There was no public comment.
11:58:28 AM Commissioner Vincent I move that we grant final plat approval for the East Bangtail Ranch Minor Subdivision subsequent to our previous approval of the Improvements Agreement finding that it complies with state subdivision statute and the Gallatin County Subdivision Regulations.
11:58:50 AM Commissioner Skinner Second
11:58:55 AM Motion passed unanimously.
11:59:00 AM Chairman Murdock Public Hearing and Consideration of Request by James Jarrett for Preliminary Plat Approval for the Subsequent Minor Subdivision (Amended Plat) of Lot 16, Ross Creek Subdivision
11:59:22 AM County Planner Paul Bussi Staff report with suggested change for condition #10(g) as follows: (To be included if the sprinkler option is used in gaining approval for this subdivision) All residential structures shall have installed an automatic fire sprinkler system meeting the requirements of NFPA 13D and the Gallatin County Subdivision Regulations Section 6-E-5-D. The following conditions shall also apply to the installation of the sprinkler system: a) The fire District shall receive a stamped set of engineered sprinkler system plans for review and approval. b) Inspections will be scheduled, within 48 hours notice, during construction and completion. New condition as follows: The subdivider must secure an easement through the strip of County Land between proposed Tract 16B and Springhill Rd. prior to or with final plat
approval. Submitted in writing and labeled Exhibit A, Item #14
12:07:41 PM Greg Fink, Allied Engineering Services, Inc Presentation on behalf of applicant Margaret Jarrett Trust, submitting (3) computer generated photos labled Exhibit B, Item #14, proposed access and utility easement labeled Exhibit C, Item #14, and copy of Ross Creek Subdivision plat labeled Exhibit D, Item 14.
12:10:56 PM Commission questions
12:11:07 PM There was no public comment.
12:11:29 PM Dave Jarrett on behalf of James Jarrett Comments
12:12:16 PM Discussion between Dave Jarrett, Deputy County Attorney Kate Dinwiddie, and Greg Fink
12:14:24 PM Commissioner Vincent I will move that we grant the request for preliminary plat approval for the Jarrett Subsequent Minor Subdivision amended plat of lot 16 of Ross Creek Subdivision finding out that all the requirements have been met under the state subdivision and platting act, the Gallatin County Subdivision Regulations and adding the new conditions to item 10 that has to do with the fire district entry and then lets see "The subdivider must secure an easement through the strip of County Land between proposed Tract 16B and Springhill Rd. prior to or with final plat approval." We're adding that as a new condition, whatever number as needed, added subsequently sequentially to the list.
12:15:25 PM Commissioner Skinner Second
12:15:31 PM Board discussion
12:15:42 PM Motion passed unanimously.
12:16:05 PM Chairman Murdock Continuation on Public Hearing and Consideration of Request for Preliminary Plat Approval for the Amended Plat of Lots 19-27, Lots 43 and 44, and Deed-Created Easterly Portions of Lots 45-47 of the Rainbow Subdivision, Bozeman Hot Springs Tract
12:16:28 PM County Planner Paul Bussi Staff report with suggested change to condition #24 as follows: "The subdivider shall build a paved trail in the Highway 191 right-of-way prior to final plat approval" and suggestion to remove condition #25.
12:29:30 PM Discussion between the Commission and Paul Bussi
12:31:23 PM Dan Talbert Presentation on behalf of applicants John and Pamela Tate
12:34:05 PM Discussion between the Commission, Dan Talbert, and Deputy County Attorney Kate Dinwiddie
12:34:54 PM Dan Talbert Read email from Rob Bukvich to consultant Ellen Woodbury labeled Exhibit A, Item #15
12:36:23 PM County Planner Paul Bussi Comments
12:36:53 PM Discussion between Paul Bussi and Kate Dinwiddie
12:38:08 PM Chairman Murdock Suggested the following change for condition #15: "Any encroachment onto 191 or improvements appurtenant thereto shall be approved by MDOT and installed by the applicant prior to final plat approval."
12:38:31 PM Discussion between the Commission, Dan Talbert, and Paul Bussi
12:43:29 PM There was no public comment.
12:43:46 PM Commissioner Skinner Finding that this subdivision application does comply with the goals and policies of the Gallatin County Growth Policy and it meets the requirements of Sections 76-3-608 of the Montana Subdivision and Platting Act that it will not have significant affect on agriculture, the water user facilities have been mitigated, not significant affect on local services and the ones that are affected have been mitigated and finding that there is minimal affects on natural environment. Its not expected to significantly affect wildlife and that public health and safety issues have been mitigated because fire and emergency services have been addressed and finding that it meets the provisions of the Gallatin County Subdivision Regulations, I would move to approve this application with staff suggested conditions striking
condition #25, and removing condition #10 and changing condition #15 to Commissioner Murdock's language stated previously.
12:45:35 PM Commissioner Vincent Second
12:45:52 PM Discussion between Kate Dinwiddie and Paul Bussi
12:46:08 PM Board discussion
12:47:49 PM Motion passed unanimously.
12:48:02 PM Chairman Murdock Public Hearing and Consideration of Final Plat Approval for the Amended Heinle Minor Subdivision
12:48:17 PM County Planner Victoria Drummond Staff report
12:49:26 PM Eldo Heinle, applicant Comments
12:50:03 PM There was no public comment.
12:50:16 PM Commissioner Vincent I move that we approve the final plat application for the amended Heinle Minor Subdivision finding that all the conditions for final plat approval have been met.
12:50:31 PM Commissioner Skinner Second
12:50:36 PM Motion passed unanimously.
12:50:45 PM There were no pending resolutions .
12:50:48 PM Meeting adjourned.
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