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Gallatin County Commission Minutes June 21, 2005
Description Gallatin County Commissioners' Journal June 21, 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.
9:06:19 AM Chairman Murdock There was no public comment on matters within the Commission's jurisdiction.
9:06:59 AM Commissioner Skinner Read the consent agenda as follows: 1. Approval of Claims 2. Approval of County Commission Public Meeting Minutes for June 7, 2005 3. Approval of Applications for Cancellation of Taxes for Parcel Number(s): PPP11819 totaling 369.21 4. Continuation on Request/Decision for Common Boundary Relocation Exemption for Easton/OPM, LLC-Continued 5. Request/Decision for Mortgage survey exemption for Martin 6. Request for Reduction of the Letter of Credit for the Big Sky Town Center Subdivision, Phase I, Improvements Agreement 7. Approval of Contract(s): 2005 Dust Control Application; and Trugreen-Chem Lawn-RID Maintenance Veg. Control
9:08:26 AM   There was no public comment.
9:08:36 AM Commissioner Vincent Move we approve the consent agenda.  
9:08:38 AM Commissioner Skinner Second
9:08:40 AM   Motion passed unanimously.
9:09:46 AM Chairman Murdock Continuation on Public Hearing and Consideration of Modification of Preliminary Plat Conditions for the North Star Major Subdivision
9:09:59 AM County Planning Director Jennifer Madgic Staff report
9:12:57 AM Barbara Campbell, Valkyrie, LLC Applicant presentation
9:14:23 AM   Discussion and Questions
9:15:38 AM Barbara Campbell, Valkyrie, LLC Continuation of applicant's presentation.  
9:27:16 AM   Discussion and Questions
9:30:41 AM County Planning Director Jennifer Madgic Comments
9:31:22 AM Public comment Attorney John Brown on behalf of client Valkyrie, LLC, Mike Kvasnick, Stuart Aasgaard, Clint Cain, Jimmie Lohmeier, Don McHenry, and Attorney Steve Barrett  
9:43:20 AM   Closed public comment.
9:43:39 AM Barbara Campbell, Valkyrie, LLC Rebuttal
9:49:36 AM   Board discussion
9:52:19 AM Commissioner Skinner Based on the applicant's testimony that these condition changes are necessary because it would be impossible or unnecessary due to easement problems with the Beck Border Ditch and it would allow for better phasing, I would move to approve the condition changes with the exception of #41, to add the language strike the period and add the language "unless denied through the variance process".
9:52:56 AM Commissioner Vincent Second
9:53:01 AM   Board discussion
9:55:49 AM   Motion passed 2:1. Commissioner Vincent abstained.
9:56:03 AM Chairman Murdock Notice of Award for Gallatin County RID Paving and Road Maintenance Program 2005
9:56:18 AM Bruce Foley, Morrison-Maierle, Inc Requested a continuance on behalf of Jack Schunke of Morrison-Maierle, Inc.
9:56:55 AM   Commission in agreement to the continuance.
9:57:17 AM   There was no public comment.
9:57:33 AM Chairman Murdock Notice of Award for Reconstruction of Andesite Road RID #387 and Evergreen Way RID #388
9:57:44 AM Bruce Foley, Morrison-Maierle, Inc Recommendation of award to Gallatin Asphalt Inc. the apparent lowest bidder for Schedules 1 and 2.
9:59:02 AM   There was no public comment.
9:59:33 AM Fiscal Officer Ed Blackman Comments
10:00:01 AM Deputy County Attorney Kate Dinwiddie Advice
10:00:46 AM Commissioner Skinner I'll move to award the RID paving and road maintenance program Andesite Road RID #387 and Evergreen Way RID #388 to the lowest responsible bidder based on the testimony of Morrison-Maierle, and I move to award this contingent on the sale of the bonds to Gallatin Asphalt.
10:01:13 AM Commissioner Vincent Second
10:01:27 AM   Motion passed unanimously.
10:01:33 AM Chairman Murdock Approval of Proposed Budget Based on Spreadsheets by Departments and Special District
10:01:54 AM Fiscal Officer Ed Blackman Presentation
10:05:59 AM   Discussion and Questions
10:12:48 AM County Attorney Marty Lambert Comments
10:15:19 AM   There was no public comment.
10:15:33 AM   Closed public comment.
10:15:44 AM   Commission comments
10:16:31 AM Commissioner Vincent I move that we approve Resolution #2005-097, a resolution adopting the preliminary Gallatin County FY 2006 operating budget as determined by the County Commission.
10:16:45 AM Commissioner Skinner Second
10:16:52 AM   Motion passed unanimously.
10:16:55 AM Chairman Murdock Public Hearing and Consideration of a Resolution to Amend the City/County Health Department Communicable Disease Fund 2976 to Cover Expenses for Salary and Wages from Capital Reserve in the Amount of $5,566.
10:17:16 AM Fiscal Officer Ed Blackman on behalf of City-County Health Director Stephanie Nelson Presentation
10:18:35 AM   There was no public comment.
10:18:46 AM Commissioner Skinner I'll move to adopt Resolution #2005-098, a resolution to amend the City/County Health Department Communicable Disease Fund 2976 to cover expenses for salary and wages from Capital Reserve in the amount of $5,566.
10:19:06 AM Commissioner Vincent Second
10:19:10 AM   Board discussion
10:19:52 AM   Motion passed unanimously.
10:19:56 AM Chairman Murdock Public Hearing and Consideration of a Resolution to Amend the Sheriff Detention Center FY 2005 Budget to Change Capital Outlay Items Listing
10:20:15 AM Under Sheriff Jim Oberhofer on behalf of Detention Center Administrator Brian Gootkin Presentation
10:21:09 AM   There was no public comment.
10:21:22 AM Commissioner Vincent I move that we adopt Resolution #2005-099, a resolution to amend the Sheriff Detention Center FY 2005 budget to Change Capital Outlay Items Listing.
10:21:34 AM Commissioner Skinner Second
10:21:41 AM   Motion passed unanimously.
10:21:46 AM Chairman Murdock Public Hearing and Consideration of a Resolution to Amend the Gallatin County FY 2005 Final Operating Budget for Receipt of Unanticipated Revenues of $47,610 for the Amsterdam Rural Fire District
10:22:29 AM   There was no public comment.
10:22:45 AM Commissioner Skinner I'll move to adopt Resolution #2005-100, a resolution amending the Gallatin County FY 2005 Final Operating Budget for receipt of unanticipated grant revenues of $47,610 for the Amsterdam Rural Fire District.
10:23:06 AM Commissioner Vincent Second
10:23:14 AM   Motion passed unanimously.
10:23:18 AM Chairman Murdock Public Hearing and Request for Family Transfer Exemption for Schott
10:23:44 AM County Planner Warren Vaughan Staff report
10:25:04 AM Agnes Schott, applicant Sworn in by Deputy County Attorney Kate Dinwiddie and testified under oath.
10:27:50 AM   There was no public comment.
10:28:01 AM   Discussion and Questions
10:28:30 AM Deputy County Attorney Kate Dinwiddie Advice
10:29:10 AM   Discussion and Questions
10:29:30 AM Commissioner Skinner Based on the testimony of the applicant and finding that this does not appear to be an evasion of MCA 76-3-101, I would move that we approve the Schott family transfer.  
10:29:46 AM Commissioner Vincent Second
10:29:52 AM   Motion passed unanimously.
10:29:55 AM   Recess
10:40:39 AM Chairman Murdock Reconvene to meeting. Public Meeting and Consideration of Amendments to the Gallatin County Growth Policy
10:41:05 AM County Planning Director Jennifer Madgic Presentation, submitted letter received from John McKenna
10:47:50 AM County Attorney Marty Lambert Comments
11:04:08 AM Public comment Steve White, Joe Sabatini, Quincy OrHai, Dan Griffing, Mark Seifert, Betty Biggs, Bob Julian, Chuck Campbell, Joel Shouse, and Deb Wahlberg
12:12:08 PM   Closed public comment.
12:12:12 PM   Board discussion including Jennifer Madgic
12:32:56 PM Commissioner Vincent I move that we adopt Resolution #2005-101, a resolution of intention of the Gallatin County Commission amending the Gallatin County Growth Policy.
12:33:10 PM Chairman Murdock Second
12:33:11 PM   Board discussion
12:34:27 PM   Motion passed 2:1. Commissioner Skinner opposed.
12:34:33 PM   Recess
1:36:43 PM Chairman Murdock Reconvene to meeting. Public Hearing and Consideration of a Resolution to Adopt the South Cottonwood Canyon Zoning Regulation and Zoning Map (Pursuant to Title 76, Chapter 2, Part 201)
1:37:05 PM County Planner Victoria Drummond Presentation
1:39:10 PM   Discussion and Questions
1:39:27 PM Deputy County Attorney Kate Dinwiddie Advice
1:39:52 PM   There was no public comment.
1:40:16 PM   Closed public comment.
1:40:19 PM Commissioner Vincent I move that we approve the request to adopt the South Cottonwood Canyon Zoning Regulation and Zoning Map Resolution #2005-102, finding that it's consistent with Section 76-2-205 of the Montana Code.  
1:40:43 PM Commissioner Skinner Second
1:40:47 PM   Board discussion
1:40:57 PM   Motion passed unanimously.
1:41:11 PM Chairman Murdock Public Hearing and Consideration of Request for Preliminary Plat Approval for Kirsha Major Subdivision  
1:41:21 PM Belgrade City-County Planner Jason Karp Staff report, suggested changing condition #18 to read as follows: Harper Puckett Road shall be paved to County Standards including stripping from the south boundary of Lot 17 to Valley Center Road prior to final plat approval.  
1:54:44 PM Mark Chandler, C&H Engineering & Surveying, Inc Presentation on behalf of applicant Ron Laden
2:00:04 PM   Discussion and Questions
2:03:07 PM Ron Laden Applicant presentation
2:13:41 PM   Discussion and Questions
2:14:09 PM Public comment Attorney Dave Weaver representing 3 property owners (Bob Puett, Ron Larsen and Greg Weisenstein), Ray Gant, Wes Jardstrom, Todd Bright, Greg Weisenstein submitted copy of plat for Minor 220 labeled Exhibit A, Item 11, and Ron Larsen
2:42:30 PM Mark Chandler, C&H Engineering & Surveying, Inc and Ron Laden, applicant Rebuttal
2:47:15 PM   Discussion and Questions
2:50:41 PM   Closed public comment.
2:50:45 PM   Discussion and Questions. Commission and applicant in agreement to continue consideration/decision until July 12, 2005.  
3:17:15 PM Chairman Murdock Consideration of a Resolution of the Gallatin County Commission Granting a Variance from the Hillside and Ridgeline Development Section of the Gallatin Canyon/Big Sky Zoning Regulation to Reid Smith in the Meadow Village Subdivision (Public Hearing held June 9, 2005-Zoning Hearing)  
3:17:40 PM County Planner Paul Bussi Presentation
3:18:07 PM   There was no public comment.
3:18:15 PM Commissioner Vincent I move we adopt Resolution #2005-103, resolution to the Gallatin County Commission approving the Dunnam/Smith variance request for lot 12 block 4 Meadow Village Subdivision as recommended by the Planning & Zoning Commission.
3:18:30 PM Commissioner Skinner Second
3:18:33 PM   Motion passed unanimously.
3:18:36 PM Chairman Murdock Consideration of a Resolution of the Gallatin County Commission Granting a Variance from the Hillside and Ridgeline Development Section of the Gallatin Canyon/Big Sky Zoning Regulation to Robert and Mary Travis (for Mike and Anne Dunnam) at 50100 Gallatin Road (Public Hearing held June 9, 2005-Zoning Hearing)  
3:18:42 PM County Planner Paul Bussi Presentation
3:19:23 PM Public comment Bob Travis
3:20:42 PM Commissioner Skinner I would move to approve Resolution #2005-104, resolution of the Gallatin County Commission approving the Travis variance request for Tract D1A of Certificate of Survey 570C.
3:20:57 PM Commissioner Vincent Second
3:21:01 PM   Board discussion
3:21:16 PM   Motion passed unanimously.
3:21:20 PM Chairman Murdock Consideration of the adoption of a Resolution Approving the New GIS-Based Official Zoning Map for the Gallatin Canyon/Big Sky Zoning District (Public Hearing held on June 9, 2005-Zoning Hearing)  
3:21:34 PM County Planner Randy Johnson Presentation
3:21:39 PM   There was no public comment.
3:21:56 PM Commissioner Vincent I move we adopt Resolution #2005-105, resolution of the Gallatin County Commission amending the official zoning map for the Gallatin Canyon/Big Sky Zoning District.
3:22:06 PM Commissioner Skinner Second
3:22:12 PM   Motion passed unanimously.
3:22:15 PM Chairman Murdock Consideration of the adoption of a Resolution Approving the Moose Ridge L.L.C. Zone Map Amendment within the Gallatin Canyon/Big Sky Zoning District (Public Hearing held on June 9, 2005)
3:22:19 PM County Planner Randy Johnson Presentation
3:22:57 PM   There was no public comment.
3:23:05 PM Commissioner Vincent I move that we adopt Resolution (#2005)-106, a resolution approving the Moose Ridge LLC zone map amendment within the Gallatin Canyon/Big Sky Zoning District as approved by the Gallatin Canyon/Big Sky Zoning Commission.
3:23:22 PM Commissioner Skinner Second
3:23:26 PM   Motion passed unanimously.
3:23:30 PM Chairman Murdock Public Hearing and Consideration of a Request to Modify the Preliminary Plat for the Big Sky Town Center Major Subdivision  
3:23:47 PM County Planner Randy Johnson Staff report
3:28:09 PM   Discussion and Questions
3:30:05 PM Ron Slade, Land Planner & Landscape Architect Comments
3:31:53 PM Jim Pierce, Thomas, Dean & Hoskins, Inc Comments
3:33:25 PM Ron Slade, Land Planner & Landscape Architect Comments
3:35:27 PM Deputy County Attorney Kate Dinwiddie Comments
3:36:12 PM Ryan Hamilton, Simkins Holdings, LLC Comments
3:36:29 PM   Discussion and Questions
3:40:29 PM   There was no public comment.
3:40:42 PM Commissioner Skinner I'll move to approve the request to modify the preliminary plat for Big Sky Town Center Major Subdivision.  
3:40:52 PM Commissioner Vincent Second
3:41:08 PM   Motion passed unanimously.
3:41:15 PM Chairman Murdock Public Hearing and Consideration of a Request for a Third One-Year Extension of the Preliminary Plat Approval for the Gallatin Peaks Town Center Phase 2 Major Subdivision
3:41:27 PM County Planner Randy Johnson Staff report
3:43:09 PM Brian Gallik, Attorney, Goetz Law Firm Presentation on behalf of client Simkins Holdings, LLC
3:47:02 PM Bill Simkins, Simkins Holdings, LLC Applicant presentation
3:49:57 PM Brian Gallik, Attorney, Goetz Law Firm Comments and discussion with Deputy County Attorney Kate Dinwiddie
3:55:34 PM Public comment Carol Buildall
3:57:07 PM Chairman Murdock Commissioners shall we grant them a one-year extension as they've requested or not?
3:57:13 PM Commissioner Vincent Oh, all right.
3:57:18 PM Commissioner Skinner Second
3:57:24 PM Commissioner Vincent I hope that the motion will be recorded as it should be but at any rate I would find that this extension is certainly not contrary to the best interests of public health, welfare and safety but is in fact given the scale of the development in the best interest of the public health, welfare, and safety.
3:57:49 PM Commissioner Skinner I would agree with that. Do we actually have a motion?
3:57:51 PM Chairman Murdock We do, the record will reflect that John Vincent made the motion and that you seconded it.
3:58:02 PM Commissioner Vincent I said, "Well, all right", and that would read in the minutes.
3:58:06 PM Commissioner Skinner I would second that all right.
3:58:10 PM   Board discussion
3:58:59 PM Commissioner Vincent I would second that and for the sake of Mary, Mary that motion would be that we grant the request for third one-year extension of preliminary plat approval for the Gallatin Peaks Town Center Phase 2 Major Subdivision.
3:59:16 PM   Board discussion  
4:00:15 PM   Motion passed unanimously.
4:00:34 PM County Planner Warren Vaughan Consideration of a Resolution of the Gallatin County Commission Granting a Variance from the Hillside and Ridgeline Development Section of the Gallatin Canyon/Big Sky Zoning Regulation for Fisher - Presentation
4:01:01 PM   There was no public comment.
4:01:04 PM Commissioner Vincent Noting that there is no public comment and that this Resolution #2005-107 has been forwarded to us by the Planning and Zoning Commission, I'll move that we adopt Resolution #107, a resolution of the Gallatin County Commission approving the Fisher variance request.
4:01:23 PM Commissioner Skinner Second
4:01:27 PM   Motion passed unanimously.
4:01:28 PM   There were no Pending Resolutions.
4:01:33 PM   Meeting adjourned.