Description
Gallatin County Commissioners' Journal No. October 11, 2005
Date
10/11/2005
Location
County Commission
Time
Speaker
Note
9:03:21 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. Meeting was held at the Belgrade Fire Training Room.
9:04:39 AM
Public comment
Tony Kolnik spoke regarding access to public files pertaining to the Magenta Road crossing.
9:07:03 AM
Discussion between the Commission, Tony Kolnik, and Deputy County Attorney Kate Dinwiddie
9:08:54 AM
Commissioner Skinner
Read the consent agenda as follows: 1. Approval of Claims 2. Approval of Contract(s): 2005 Chipsealing Contract Change Order and 2005 Kelly Canyon Guardrail Project
9:09:38 AM
There was no public comment.
9:09:45 AM
Commissioner Vincent
Move approval of the consent agenda.
9:09:48 AM
Commissioner Skinner
Second
9:09:51 AM
Motion passed unanimously.
9:09:54 AM
Chairman Murdock
Proclamation Declaring October 10-14, 2005 as Operation Helping Hands Week
9:10:26 AM
Commissioner Vincent
Read the proclamation.
9:11:56 AM
There was no public comment.
9:12:36 AM
Commissioner Vincent
Move that we adopt the proclamation declaring October 10-14 as Operation Helping Hands Week in Gallatin County.
9:12:45 AM
Commissioner Skinner
Second
9:12:49 AM
Motion passed unanimously.
9:13:06 AM
Chairman Murdock
Public Hearing and Consideration of a Resolution of Intent to Amend the Public Safety FY 2006 Operating Budget to include Unanticipated Revenues in the Amount of $20,497 Received from JAG (Justice Assistance Grant) and $4,915 from the City of Bozeman to Purchase a Transport Vehicle
9:13:36 AM
There was no public comment.
9:13:49 AM
Commissioner Skinner
I'll move to approve the resolution of intent to amend the Public Safety Operating Budget to include the unanticipated revenues. Resolution of Intent #143 (#2005-143).
9:14:05 AM
Commissioner Vincent
Second
9:14:11 AM
Motion passed unanimously.
9:14:16 AM
Chairman Murdock
Continuation on Public Hearing and Consideration of Request for Preliminary Plat Approval for the Kirsha Major Subdivision
9:14:39 AM
Belgrade City-County Planner Jason Karp
Staff report
9:17:53 AM
Discussion and Questions
9:19:04 AM
Per Hjalmarsson, on behalf of Mark Chandler, C&H Engineering & Surveying, Inc
Presentation on behalf of applicant Ron Laden
9:21:08 AM
Ron Laden
Applicant presentation and discussion with the Commission
9:28:21 AM
Public comment
Bob Puett
9:29:31 AM
Discussion between the Commission, Jason Karp and Deputy County Attorney Kate Dinwiddie
9:30:28 AM
Road and Bridge Engineer George Durkin
Comments
9:31:49 AM
Discussion and Questions
9:32:49 AM
Bryan Connelley, Assistant Chief, Central Valley Fire District
Comments
9:35:41 AM
Discussion between the Commission, Bryan Connelley, and George Durkin
9:40:47 AM
Per Hjalmarsson, on behalf of Mark Chandler, C&H Engineering & Surveying, Inc and Ron Laden
Rebuttal
9:43:07 AM
Discussion between the Commission, Bryan Connelley, and Per Hjalmarsson
9:45:41 AM
Closed public comment.
9:45:45 AM
Board discussion/ Jason Karp suggested the following amendments to condition #14: The developer shall provide for a fire protection water supply as required by the Central Valley Fire Department. If the Fire Department determines that the Valley Grove fill site can be the fire protection water supply for the subdivision, the Valley Grove fill site shall be updated and approved as required by the Belgrade Fire Department prior to final plat approval; and condition #16: The access roads including Kirsha Lane shall be 60 foot right-of-ways dedicated to the public, and be constructed and paved to Gallatin County Standards as shown on the preliminary plat to Harper Puckett Road with cul-d-sacs constructed to County Standards as approved by the Central Valley Fire Department. The roads shall be named with name approved by the Gallatin County
GIS Department. It was suggested that a condition be added to read as follows: A fuel management plan be submitted to the Central Valley Fire Department prior to final plat approval. Commissioner Skinner proposed new condition to read: Applicant shall consult prior to submission of final plat with the Gallatin County Board of Park Commissioners for a trail management plan. The trail management plan shall describe how all internal subdivision trails will connect to existing external trail systems.
9:53:28 AM
Ron Laden
Comments
9:53:45 AM
Commissioner Vincent
Suggests changing condition #23 to read as follows: As a condition of final plat developer shall install sewer stubs in each lot, extended to the street that are capable of connecting into a regional or municipal system in the future.
9:55:14 AM
Per Hjalmarrsson
Comments
9:56:01 AM
Discussion and Questions
9:56:39 AM
Commissioner Vincent
I'd like to move that we grant preliminary plat approval to the Kirsha Major Subdivision with the change in condition #14 as given by Jason Karp, the change in condition #16 as presented by Jason Karp, the addition of a condition requiring a fuel management plan for the open space, adding Commissioner Skinner's language on trails and using the Swimley standard and the language that she created for the avigation easement (Each owner of property within Kirsha Major Subdivision, as individuals and as members of the Association, acknowledges the presence of Gallatin Field Airport. Each owner of property within Kirsha Major Subdivision, as individuals and as members of the Association, acknowledges that air traffic could cause noise, vibration, dust, fumes, smoke, vapors and other effects as may be inherent for navigation or flight in air, use
of airspace, landing or take off from Gallatin Field. By the acknowledgment, each owner of property within Kirsha Major Subdivision, as individuals and as members of the Association assumes the normal and ordinary consequences of their actions when in, next to or in the vicinity of Gallatin Field and air traffic therefrom. Each owner of property with Kirsha Major Subdivision, as individuals, agrees by acceptance of this covenant to hold harmless Gallatin Field and its successors in interest, Kirsha Major Subdivision, its members and successors in interest and the homeowners association of injury to persons, property and animals and damage due to use by air traffic of the airspace over Kirsha Major Subdivision) finding that the application with the change in conditions meets the Gallatin Subdivision Regulations and Sub Regulations, that it meets the primary criteria of the State Subdivision and Platting Act and that any negative impacts on any of those criteria health and public
safety, local services, effect on natural environment, ag, ag water facilities and such have all been satisfactorily mitigated and striking condition #23 in its entirety.
9:58:07 AM
Commissioner Skinner
Second
9:58:16 AM
Board discussion
10:00:29 AM
Motion passed unanimously.
10:00:41 AM
Chairman Murdock
Public Hearing and Consideration of Request for Preliminary Plat Approval for the Green Thumb Minor Subdivision
10:00:54 AM
Belgrade City-County Planner Jason Karp
Staff report
10:05:11 AM
Discussion and Questions
10:09:03 AM
Tom Henesh, Morrison-Maierle, Inc
Presentation of behalf of applicant Progressive Property, LLC
10:11:41 AM
Discussion and Questions. Changes were suggested to the following conditions: #5(d) All new commercial structures must meet fire flow requirements as outlined in the current adopted edition of the Uniform Fire Code unless alternative provisions are approved by the Chief: condition #5(e): Site plans of all lots must be submitted for review and approved by the Belgrade Rural Fire District for any commercial and residential structures prior to any construction. Add e and f together; condition #13) 30 feet of road dedication shall be shown on the final plat on Spain Bridge Road west of the centerline for the entire length of the subdivision; and #14: Spain Bridge Road shall be paved to the entrance of the subdivision off of Green Acres Way.
10:14:29 AM
Public comment
Road and Bridge Engineer George Durkin, Bryan Connelley, Assistant Chief Central Valley Fire District, Betsy Miller, and Sid Arthur
10:25:33 AM
Tom Henesh, Morrison-Maierle, Inc
Rebuttal
10:27:31 AM
Closed public comment.
10:27:35 AM
Board discussion including Jason Karp
10:28:48 AM
Deputy County Attorney Kate Dinwiddie
Advice
10:30:10 AM
Board discussion including Kate Dinwiddie, Tom Henesh, and the Commission
10:34:12 AM
Deputy County Attorney Kate Dinwiddie
Read into the record letter from County Attorney Marty Lambert to the Commission, dated October 4, 2005.
10:35:12 AM
Bryan Connelley, Assistant Chief Central Valley Fire District
Comments
10:35:25 AM
Commissioner Skinner
Finding that we did not meet the 35 day review period and the County Attorney has told us that we need to approve this subdivision with the developers approved conditions, I would move to approve the subdivision with the applicants approved condition.
10:35:52 AM
Commissioner Vincent
Second
10:35:53 AM
Board discussion
10:38:28 AM
Motion passed unanimously.
10:38:32 AM
Chairman Murdock
Announced Senator Max Baucus will be arriving at approximately 11:00 a.m. for presentation of an $8,000,000,000 check for the Belgrade Interchange. Meeting will be resume immediately afterwards.
10:39:32 AM
Recess
10:51:12 AM
Chairman Murdock
Reconvene to meeting. Public Hearing and Consideration of Request for Preliminary Plat Approval for the River Rock Northwest Major Subdivision
10:51:33 AM
County Planner Warren Vaughan
Staff report
10:56:12 AM
Discussion and Questions
10:57:06 AM
Jason Leep
Presentation on behalf of the applicant Potter-Clinton Development, submitted a letter from Attorney Russ McElyea (not labeled as an exhibit)
10:59:49 AM
Public comment
Tony Kolnik
11:11:40 AM
Recess for Senator Max Baucus check presentation.
11:40:35 AM
Public comment-Continues
Reconvene to meeting. Tony Kolnik submitted a series of emails labeled Exhibit A and Exhibit B, Item #5 and Attorney John Brown, on behalf of client River Rock County Water & Sewer District
11:53:14 AM
Jason Leep
Rebuttal
11:53:24 AM
Discussion between the Commission, Jason Leep and John Brown
11:56:20 AM
Closed public comment.
11:56:23 AM
Board discussion
11:57:33 AM
Commissioner Vincent
I'll move that we grant the variance requested on page 6 of the staff report in regard to lot width and noting that I agree and hope the Commission agrees that the variance is warranted because zoning regulation as you said Mr. Chairman a littler earlier over rides the requirement in the subdivision regulations and also because all lots are served by central water and sewer, I think the variance is warranted and fits with the plan very well.
11:58:12 AM
Commissioner Skinner
Second/Findings
11:58:49 AM
Motion passed unanimously.
11:58:56 AM
Commissioner Skinner
Finding that the River Rock Major Subdivision- "River Rock Northwest" is in compliance with the Subdivision and Platting Act, its in compliance with the Gallatin County Subdivision Regulations, I would move to approve with the staff suggested conditions.
11:59:22 AM
Commissioner Vincent
Second
11:59:26 AM
Board discussion/Findings
12:02:39 PM
Motion passed unanimously.
12:02:52 PM
Chairman Murdock
Public Hearing and Consideration of Request for Preliminary Plat Approval for Border Commons Condominiums
12:03:08 PM
County Planner Christopher Scott
Staff report
12:08:06 PM
Discussion and Questions
12:08:53 PM
Per Hjalmarsson, C&H Engineering & Surveying, Inc on behalf of Lanette Windemaker
Presentation on behalf of applicant Trina Wolf.
12:09:25 PM
Public comment
Tony Kolnik and Attorney John Brown on behalf of the Four Corners County Water & Sewer District
12:15:46 PM
Closed public comment.
12:15:48 PM
Board discussion
12:16:07 PM
Commissioner Skinner
Finding that the Border Commons Subdivision complies with the goals and policies of the Gallatin County Growth Policy and finding that it meets the requirements of 76-3-608 of the Montana Subdivision and Platting Act, that it has mitigated all the criteria specifically that its not presently used for agricultural purposes, the situation with the Beck Border ditch has been mitigated through condition #4. This area has not been identified as critical wildlife habitat area and that the affects on public health and safety have been mitigated and finding that the subdivision complies with the Gallatin County Subdivision Regulations, I would move to approve with staff suggested conditions.
12:17:00 PM
Commissioner Vincent
Second
12:17:14 PM
Motion passed unanimously.
12:17:35 PM
Chairman Murdock
Public Hearing and Consideration of Request for Preliminary Plat Approval for the Morningstar Meadows Minor Subdivision
12:17:50 PM
County Planner Warren Vaughan
Staff report, submitted an addendum labeled Exhibit A, Item #7, additional staff suggested conditions as follows: 1. All watercourses and the associated watercourse setback shall be delineated on the final plat. 2. All jurisdictional wetlands shall be delineated prior to final plat approval. The County Commission reserves the right to revoke preliminary plat approval for any lot determined to be unbuildable due to the presence of jurisdictional wetlands. 3. The Applicant shall obtain all necessary state and federal stream bank, streambed, or wetland permits, or written notification from the appropriate agency that a permit is not required, prior to commencement of any work on the site and/or final plat approval, whichever is sooner. Copies of the required permits or letters from agencies shall be submitted to the Gallatin County Planning
Department with the final plat application.
12:23:28 PM
Discussion and Questions
12:24:34 PM
Per Hjalmarsson, on behalf of Mark Chandler, C&H Engineering, Inc
Presentation on behalf of applicant Yankee Cub, LLC
12:27:05 PM
Discussion and Questions
12:28:04 PM
There was no public comment.
12:28:41 PM
Closed public comment.
12:28:45 PM
County Planner Warren Vaughan
Comments
12:30:11 PM
Discussion and Questions
12:31:41 PM
Robert Berlin, Managing Member, Yankee Cub, LLC
Comments and discussion with the Commission
12:34:03 PM
Discussion between the Commission and Eric Ossorio
12:36:02 PM
County Planner Warren Vaughan
Comments
12:37:03 PM
Board discussion
12:38:30 PM
Commissioner Vincent
I'll move that we grant preliminary plat approval for Morningstar Meadows First Minor Subdivision with the addition of the 3 staff suggested conditions that Warren passed out today in regard to water course setbacks at all, finding that the subdivision complies with the zoning regulations, complies with Montana Statute subdivision criteria and I think that's pretty much it.
12:39:22 PM
Commissioner Skinner
Second
12:39:26 PM
Board discussion/Findings
12:39:40 PM
Motion passed unanimously.
12:39:52 PM
There were no Pending Resolutions.
12:39:54 PM
Meeting adjourned.
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