Description Gallatin County Commissioners' Journal No. January 24, 2006
Date 01/24/2006 Location County Commission
Time Speaker Note
9:01:11 AM Chairman Vincent Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Murdock, Skinner and Vincent, County Attorney Lambert and Acting Clerk to the Board Mary Miller.
9:02:02 AM Chairman Vincent There was no public comments on any matters within the Commission's jurisdiction.
9:02:32 AM Commissioner Skinner Read the consent agenda as follows: 1. Approval of Claims 2. Approval of Contract(s): Madison County/Gallatin County/Big Sky Resort Area District Law Enforcement Agreement
9:03:16 AM There was no public comment.
9:03:28 AM Commissioner Murdock Move to approve the consent agenda as read.
9:03:32 AM Commissioner Skinner Second
9:03:37 AM Motion passed unanimously.
9:03:40 AM Chairman Vincent Board Appointments
9:03:53 AM Commissioner Murdock City of Bozeman Planning Board
9:04:21 AM There was no public comment.
9:04:30 AM Commissioner Skinner I'll move to appoint Michael Hope to the City of Bozeman Planning Board.
9:04:35 AM Commissioner Murdock Second
9:04:43 AM Motion passed unanimously.
9:04:49 AM Commissioner Skinner Gallatin County Planning Board
9:05:12 AM There was no public comment.
9:05:27 AM Board discussion
9:06:42 AM Continued indefinitely for further consideration.
9:07:44 AM Commissioner Murdock Story Mill Rural Fire District
9:08:08 AM There was no public comment.
9:08:15 AM Commissioner Skinner I will move to appoint by acclamation Ms. Les Jones to the Story Mill Rural Fire District.
9:08:22 AM Commissioner Murdock Second
9:08:29 AM Motion passed unanimously.
9:08:37 AM Chairman Vincent Gallatin County Treasurer's Quarterly Report for July - September 2005
9:08:51 AM Treasurer Kimberly Buchanan Presentation
9:09:52 AM Discussion and Questions
9:11:58 AM There was no public comment.
9:12:03 AM Commissioner Murdock I move that we accept the Treasurer's Quarterly Report as submitted and read into the record.
9:12:09 AM Commissioner Skinner Second
9:12:16 AM Motion passed unanimously.
9:12:19 AM Chairman Vincent Receipt and Opening of Bids for Paving of Several Roads in Gallatin County (Cameron Bridge West Road, River Road and Cobb Hill Road)
9:12:40 AM Road and Bridge, Erin Howard Announced receipt of the following bids: Big Sky Asphalt $621,538.00 and JTL Group $603,424.55
9:13:48 AM Discussion and Questions
9:14:00 AM Took under advisement and will return January 25, 2006 at 1:30 pm with a recommendation.
9:14:12 AM There was no public comment.
9:14:25 AM Chairman Vincent Public Hearing and Consideration of Request for Preliminary Plat Approval for the Mountainside on Sourdough Major Subdivision
9:15:35 AM County Planner Christopher Scott Staff report, submitted additional condition referred to as Subdivision-Preliminary Plat Condition labeled Exhibit A, Item 4, and various correspondence labeled Exhibit B, Item 4. Suggested additional covenant 27(i) to read as follows: Owners shall install zero scape landscaping by the use of vegetation that is drought tolerant or of low water use in character. To require a zero scape landscape plan be done by a landscape architect or other professional experienced in the field of landscaping in regards to zero scape landscaping with approval of the property owner's association.
9:30:07 AM Mike Penecost, Axia Architects Presentation on behalf of applicant Graff Holding Company
9:36:49 AM Debra Anderson, Gateway Engineering & Surveying Presentation on behalf of applicant Graff Holding Company
9:39:30 AM County Attorney Marty Lambert Advice
9:40:21 AM Debra Anderson, Gateway Engineering & Surveying Continued presentation.
9:41:20 AM Lewis Burton, Gateway Engineering & Surveying Presentation on behalf of applicant Graff Holding Company
9:45:10 AM Discussion between the Commission, Lewis Burton, and Christopher Scott
9:48:32 AM Public comment Michael Scott submitted packet of documents labeled Exhibit C, Item 4, Sandy Pittendrigh, Denise Andres, Ray Ring, Scott Keller submitted outline of existing traffic volumes labeled Exhibit D, Item 4 and outline of primary trip distribution labeled Exhibit E, Item 4, Margaret Elson submitted newspaper clippings labeled Exhibit F, Item 4, Sam Gianfrancisco, Billie Warford submitted map of Greater Bozeman Area Transportation Plan 2001 Update ADT Projections for 2020 labeled Exhibit G, Item 4, and Road and Bridge Engineer George Durkin
10:43:28 AM Debra Anderson, Gateway Engineering & Surveying Rebuttal
10:45:24 AM Closed public comment.
10:45:46 AM Recess
10:55:23 AM Reconvene to meeting. Board discussion/Findings
11:06:15 AM County Attorney Marty Lambert Comments and Advice
11:07:10 AM Discussion and Questions
11:08:13 AM Commissioner Murdock I will move that we deny this subdivision.
11:08:23 AM Commissioner Skinner Second
11:08:25 AM Board discussion/Findings
11:11:50 AM Motion passed unanimously.
11:12:00 AM Chairman Vincent Public Hearing and Consideration of Request for Preliminary Plat Approval for the Hillside on Sourdough Major Subdivision
11:12:19 AM County Planner Christopher Scott Comments, based on the outcome of the previous application it was noted that the applicant requested to speak in relationship to this subdivision.
11:12:40 AM Mike Penecost, Axia Architects Comments, requested that the Hillside Subdivision application be tabled.
11:13:09 AM Discussion and Questions
11:13:32 AM County Attorney Marty Lambert Asked if the developer would agree to withdraw the application.
11:13:36 AM Mike Penecost, Axia Architects Yes
11:13:37 AM Discussion and Questions
11:14:40 AM Chairman Vincent Without objection then the Chair will find that the application for the request for preliminary plat approval for the Hillside on Sourdough Major Subdivision has been withdrawn.
11:14:56 AM Chairman Vincent Public Hearing and Consideration of Request for Preliminary Plat Approval for the Mel Sievert Minor Subdivision
11:17:18 AM County Planner Sean O'Callaghan Staff report, suggested deleting condition #18, modifying conditions #23-The subdivider shall make payment of fire protection impact fees in accordance with the Gallatin County Fire Protection Impact Fee Regulation ($586.000) and #24-The subdivider shall make payment of road impact fees in accordance with the Gallatin County Road Protection Impact Fee Regulation ($1,886.00); and the addition of 3 additional conditions: (Covenant): No portion of this subdivision shall be further subdivided. (Condition) The property owners' association open space and parkland and the private open space on Lot 1 shall be protected by deed restriction against future development . The language for the deed restriction shall be submitted to the Planning Department, at least 30 days prior to submission of the application
for final plat approval, for review and approval of the County Attorney and Planning Department. (Condition) Material alterations to any portion of an approved preliminary plat shall require review by the Governing Body in a public hearing according to the process in the Gallatin County Subdivision Regulations for "Changes to Conditions After Approval." If material alterations significantly modify impacts of the proposed development, a new preliminary plat will be required. (Material alterations include an increase or decrease in number of lots, modification to boundary lines, changes in the amount and location of lands dedicated to parks and open space, relocation or abandonment of public dedicated road rights-of-way, changes in the type and location of sewer and water facilities and easements, changes in the type and location of fire protection facilities, and any other alteration which stands to change the impact(s) posed by the development.)
11:30:49 AM Discussion and Questions
11:31:56 AM Mike Penecost, Axia Architects Presentation on behalf of the applicant Melvin Sievert
11:37:49 AM Discussion between the Commission, Mike Penecost and Sean O'Callaghan
11:42:02 AM Attorney Joby Sabol Presentation on behalf of client Melvin Sievert
11:42:52 AM Discussion between the County Attorney Marty Lambert, Joby Sabol, the Commission, and Sean O'Callaghan
11:45:45 AM Public comment Gary Herzberg, Amy Galloway, Tutti Skaar, Jerry Perlinski, Arianne Perlinski, Andrew Dana, Greg Galloway, Attorney Brian Gallik, and Road and Bridge Engineer George Durkin
12:32:53 PM County Planner Sean O'Callaghan Comments
12:33:30 PM Attorney Joby Sabol Rebuttal
12:44:54 PM Closed public comment.
12:45:04 PM Board discussion including Sean O'Callaghan and Tutti Skaar
12:47:54 PM Chairman Murdock Comments, I would I guess move that we approve Section 7.B, which would allow the use of a private access easement for lot one, comments.
12:48:39 PM Discussion between the Commission and Tutti Skaar
12:51:03 PM Chairman Murdock I move that we approve the variance to 7.B.
12:51:09 PM Commissioner Skinner Second
12:51:13 PM Board discussion/Findings
12:52:42 PM Motion passed 2:1. Chairman Vincent opposed.
12:52:45 PM Commissioner Murdock I would move that we approve the Section 6.B.8, frontage on a public road which is in my minds eye related to this one.
12:52:59 PM Commissioner Skinner Second
12:53:03 PM Board discussion/Findings
12:55:16 PM Motion passed 2:1. Chairman Vincent opposed.
12:55:24 PM Commissioner Skinner I will move to grant the variance from 7.A.8.
12:55:36 PM Board discussion
12:58:36 PM Motion dies for lack of second.
12:59:00 PM Chairman Murdock I will move if that's ok Mr. Chair that we approve the subdivision with the conditions and that would be, help me out here Sean eliminating condition #18, adding the new condition about material changes at the end and adding the 3 conditions that you've already read into the record and given to Mary. And amending conditions #23 and 24, which amend the amounts for impact fees which you've already put into the record.
12:59:43 PM Commissioner Skinner Second
12:59:50 PM Board discussion including County Attorney Marty Lambert and Joby Sabol
1:09:19 PM Chairman Murdock I'll withdraw the motion.
1:09:25 PM County Attorney Marty Lambert Advice
1:10:05 PM Commissioner Murdock I move that we deny the variance request for 7.A.8.
1:10:21 PM Chairman Vincent Second
1:10:24 PM Board discussion/Findings
1:13:51 PM Motion passed 2:1. Commissioner Skinner opposed.
1:13:58 PM Board discussion including County Attorney Marty Lambert, County Planning Director Jennifer Madgic, Sean O'Callaghan, and Joby Sabol
1:18:57 PM Attorney Joby Sabol For the record then we would withdraw the subdivision application at this time based upon the denial of the variance with respect to the pinch point access.
1:19:21 PM Chairman Vincent Requested that the 5th paragraph of the December 28, 2004 letter from the Department of Natural Resources and Conservation in regard to the easement question be entered into the record.
1:20:05 PM Discussion between the Commission, Marty Lambert, and Joby Sabol
1:21:01 PM Chairman Vincent Public Hearing and Consideration of an Appeal by Gallatin Development Corporation/CDBG Revolving Loan Fund Board Recommendations Regarding Micro Business Loan Program Request
1:21:17 PM Grants Administrator, Larry Watson Presentation
1:22:53 PM Tracey Jette, Executive Director, Gallatin Development Corporation Presentation
1:28:37 PM Discussion between the Commission, Larry Watson, and Tracey Jette
1:37:48 PM Commissioner Murdock I move that we deny the appeal.
1:37:51 PM Commissioner Skinner Second
1:37:56 PM Board discussion including Larry Watson and Tracey Jette
1:40:56 PM Motion passed unanimously.
1:40:58 PM There were no Pending Resolutions.
1:41:00 PM Meeting adjourned.
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