Description Gallatin County Commissioners' Journal No. May 30, 2006
Date 05/30/2006 Location County Commission
Time Speaker Note
9:03:29 AM Chairman Vincent Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Murdock, Skinner and Vincent, Deputy County Attorney Greg Sullivan and Acting Clerk to the Board Mary Miller. The following press release was read into the record: June 6th County Commission meeting cancelled due to lack of agenda items. This meeting was scheduled for West Yellowstone. A meeting in West Yellowstone will be scheduled during the summer months. Approval of claims will take place at 9:00 am in the Community Room on June 6th.
9:05:25 AM Chairman Vincent There was no public comments on any matters within the Commission's jurisdiction.
9:05:41 AM Commissioner Murdock Read the consent agenda as follows: 1. Approval of Claims 2. Review and Approval of Minutes for May 16th & 17th, 2006 3. Decision for Common Boundary Relocation for Linderman/Matzinger 4. Decision for Common Boundary Relocation for Evje/Denesen 5. Decision for Boundary Relocation for Cline/Emery 6. Common Boundary Relocation for Michael and Cynthia Hertzog 7. Approval of Contract(s): Addendum to Contract 2006-130 with Carter Goble Lee, Inc. RE: Detention Center to add Evaluation of Alternative Detention Center Sites
9:06:54 AM There was no public comment.
9:07:07 AM Commissioner Skinner I'll move to approve the consent agenda.
9:07:09 AM Commissioner Murdock Second
9:07:15 AM Motion passed unanimously.
9:07:19 AM Chairman Vincent Decision for Family Transfer Exemption for Linderman
9:07:34 AM Planning Director Jennifer Madgic Staff report
9:08:15 AM Dale Linderman, Roxanne Linderman and Nadine Florhaug Sworn in by Deputy County Attorney Greg Sullivan and testified under oath.
9:12:53 AM Public comment Jim Loessberg, Sandra Maher, and Roxanne Linderman
9:17:16 AM Dale Linderman Comments
9:17:47 AM Closed public comment.
9:17:51 AM Commissioner Murdock Comments, I will move to support it.
9:18:55 AM Commissioner Skinner Second
9:19:18 AM Board discussion/Findings
9:19:31 AM Motion passed unanimously.
9:19:41 AM Chairman Vincent Decision for Family Transfer Exemption for Theisen
9:19:52 AM Planning Director Jennifer Madgic Staff report
9:20:26 AM Mark & Adelaide Theisen Sworn in by Deputy County Attorney Greg Sullivan and testified under oath.
9:23:13 AM Discussion and Questions
9:23:41 AM There was no public comment.
9:23:58 AM Closed public comment.
9:24:02 AM Commissioner Skinner Based on the applicant's testimony it does not appear that this is an evasion of subdivision law, and I would move to approve the Theisen family transfer.
9:24:17 AM Commissioner Murdock Second
9:24:28 AM Motion passed unanimously.
9:24:33 AM Chairman Vincent Public Hearing and Decision of a Conditional Use Permit Request to Allow a Change in Non-Conforming Use Within the Gallatin County/Bozeman Area Zoning District For Warren
9:24:51 AM County Planner Victoria Drummond Staff report
9:31:02 AM Robert Warren Applicant presentation
9:33:49 AM Public comment Charles Bowland submitted picture labeled Exhibit A, Item #3
9:40:26 AM Robert Warren Comments
9:43:50 AM Attorney Susan Swimley Comments on behalf of property owner HB2, LLC
9:46:17 AM Discussion and Questions
9:47:18 AM Commissioner Murdock I move that we approve this Conditional Use process to change one non-conforming use to another with the conditions.
9:47:31 AM Commissioner Skinner Second
9:47:46 AM Board discussion/Findings
9:48:26 AM Motion passed unanimously.
9:48:33 AM Chairman Vincent Public Hearing and Decision on Request for Conditional Use Permit for a Planned Unit Development, PUD Preliminary Plan Approval, and Preliminary Plat Approval for Hawthorne PUD Minor Subdivision Within the Gallatin County/Bozeman Area Zoning District
9:49:10 AM County Planner Victoria Drummond Staff report
10:04:29 AM Discussion and Questions
10:06:35 AM Graham Goff, Goff Architecture, LTD Applicant presentation
10:08:32 AM There was no public comment.
10:09:05 AM Closed public comment.
10:09:09 AM Discussion between the Commission, Victoria Drummond and Deputy County Attorney Greg Sullivan
10:10:22 AM Commissioner Murdock I think that this Planned Unit Development comports with the Gallatin County/Bozeman Area Growth Policy and the zoning regulations. I don't think that, she entered, Victoria entered the staff report in the record. I am not going to repeat the findings but I agree with the findings that the developer proposed and that our Planning staff basically analyzed and concurred with that it is consistent with those things so, I move that we approve it subject to the conditions as presented by the staff, this is for the PUD conditional use permit.
10:11:08 AM Board discussion
10:11:47 AM Commissioner Murdock I withdraw the conditions part of this motion.
10:11:51 AM Commissioner Skinner Second
10:11:57 AM Board discussion including Greg Sullivan
10:12:38 AM Motion passed unanimously.
10:12:47 AM Discussion between the Commission, Graham Goff, Greg Sullivan, and Victoria Drummond
10:18:58 AM Commissioner Skinner Finding that this application complies with the Gallatin County Growth Policy, finding that it meets the requirements of MC 76-3-608, that the impacts on natural environment, wildlife habitat, public health and safety, and the impacts on local services have been mitigated. There are no agricultural water users facilities on the property and that the, it will not have a big affect on agriculture since it is already productivity pasture land and finding that the application complies with the provisions of the Gallatin County Subdivision Regulations and complies with the zoning district regulations, I would move and that the Planning Board has recommended approval, I would move to approve with staff suggested conditions and the Planning Board change to condition #27, but to go along with the staff suggested
condition #27, and not the Planning Board's.
10:20:17 AM Discussion and Questions
10:20:34 AM Commissioner Murdock Second
10:20:46 AM Motion passed unanimously.
10:20:52 AM Chairman Vincent Recess
10:35:54 AM Chairman Vincent Reconvene to meeting. Public Hearing and Decision on a Request for Conditional Use Permit for a School within the Gallatin County/Bozeman Area Zoning District for Petra Academy Inc
10:36:04 AM County Planner Christopher Scott Staff report, noting one additional condition as follows: The applicant shall work with the Middle Creek Ditch Company to ensure that the irrigation share allocated to Lot 1 of Minor Subdivision 55 be delivered in a manner acceptable to all parties.
10:43:52 AM Louise Turner, Administrator, Petra Academy Applicant presentation
10:49:59 AM Greg Gianforte, Chairman, Petra Academy Applicant presentation
10:57:43 AM Public comment Margaret Dirckx submitted two satellite views of the property in question labeled Exhibit A, Item 5 and Exhibit B, Item 5, Bradley Dirckx, Sarah Riddle, Phillip Mooney, Bill Quinn, Jeff Meyer, Pat Campbell, Tiffany Olsen, and Susan Gianforte
11:35:48 AM Road and Bridge Department George Durkin Comments
11:38:19 AM Greg Gianforte, Chairman, Petra Academy Comments
11:39:44 AM Discussion and Questions
11:40:10 AM Closed public comment.
11:41:42 AM Discussion between the Commission and Bradley Dirckx
11:41:56 AM Board discussion including Christopher Scott, George Durkin, and Deputy County Attorney Greg Sullivan, Greg Gianforte
12:04:42 PM Commissioner Murdock Suggests striking the last sentence in condition #5 and add: Any improvements recommended by this study shall be installed, as MDOT and Gallatin County require before construction of the school.
12:05:04 PM Continued board discussion including Greg Sullivan and Christopher Scott
12:13:37 PM Commissioner Skinner I'm gonna move that we continue this application until a traffic study is provided and that we will limit public testimony at the next hearing to only address the traffic study and the requirements thereof.
12:13:55 PM Chairman Vincent Second
12:14:01 PM Deputy County Attorney Greg Sullivan Is it just the traffic study then that you are looking for them to do or, I had heard discussion about a more detailed site plan?
12:14:11 PM Commissioner Murdock Comments, I'd suggest that you also look at something about the site plan considering.
12:14:23 PM Commissioner Skinner I will incorporate that into my motion.
12:14:27 PM Chairman Vincent Second agrees
12:14:27 PM Discussion between the Commission, Greg Sullivan, Greg Gianforte, and Christopher Scott
12:19:01 PM Motion passed 2:1. Commissioner Murdock opposed.
12:19:06 PM Chairman Vincent Recess
12:34:28 PM Chairman Vincent Reconvene to meeting.
12:34:41 PM Planning Director Jennifer Madgic Public Hearing and Decision on a Resolution Adopting Growth Policy Implementation Work Plan- Gallatin County Growth Policy Implementation Program PowerPoint Presentation
12:50:24 PM Discussion and Questions
1:02:36 PM Deputy County Attorney Greg Sullivan Submitted a letter from County Attorney Lambert, dated March 23, 2006, labeled Exhibit A, Item #6 & #7
1:03:03 PM Commission comments
1:03:47 PM There was no public comment.
1:03:54 PM Commission comments
1:08:19 PM Commissioner Skinner I'll move to approve Resolution #2006-060.
1:08:27 PM Commissioner Murdock Second
1:08:36 PM Motion passed unanimously.
1:08:52 PM There were no Pending Resolutions.
1:09:13 PM Meeting adjourned.
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