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Gallatin County Commission Meeting Minutes November 21, 2006
Description
Gallatin County Commissioners' Journal No. November 21, 2006
Date
11/21/2006
Location
County Commission
 
Time
Speaker
Note
9:05:18 AM
Chairman Vincent
Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Skinner and Vincent, Deputy County Attorney Greg Sullivan and Acting Clerk to the Board Stephanie Young. Commissioner Murdock has been excused.
9:06:08 AM
Chairman Vincent
Agenda Announcement(s): Bresnan Communications will be televising the County Commission Public Meetings on Tuesdays and Wednesdays of each week on Channel 20. Agenda Item #11: Public Hearing and Decision on a Request by Oakwood Properties, LLC for a Conditional Use Permit for a Subdivision within the East Gallatin Zoning District Belgrade City/County Planning Area, pulled from agenda and no date set to be rescheduled.
 
9:08:08 AM
Chairman Vincent
There was no public comments on any matters within the Commission's jurisdiction.
9:08:25 AM
Clerk to the Board Stephanie Young
Read the Consent Agenda as follows: 1) Approval of Claims, 2) Review and Approval of Minutes - October 31 and November 01, 2006, 3) Approval of Contract(s): David Richards - Snowplowing of RID(s): 314, 323, 331, 366, 379; Prouse Construction - Snowplowing of RID(s): 309, 315, 321, 332, 383; War Wagon Services - Snowplowing of RID(s): 316, 322; Bozeman Rifle and Pistol Club - Fairgrounds Land Lease for Shooting Range Building, 4) Decision on Common Boundary Relocation Exemption request for Smith, 5) Decision on Common Boundary Relocation Exemption request for Ramler, 6) Decision on Common Boundary Relocation Exemption request for King Tool Inc and AIM, Inc, 7) Decision on Final Plat Approval for Westlake Park Major Subdivision
9:09:48 AM
 
 There was no public comment.
9:09:59 AM
County Planner Victoria Drummond
Requests to move Item #5 from the consent agenda: Decision on Common Boundary Relocation Exemption request for Ramler to the regular agenda for discussion.
9:10:25 AM
Commissioner Skinner
Move to approve the consent agenda as amended.
9:10:30 AM
Chairman Vincent
Second
9:10:34 AM
 
 Motion passed unanimously.
9:10:37 AM
Chairman Vincent
Consent Agenda #5: Decision on Common Boundary Relocation Exemption request for Ramler
 
9:10:45 AM
County Planner Victoria Drummond
Staff Report
9:11:55 AM
 
 Discussion and Questions
9:12:07 AM
 
 There was no public comment.
9:12:16 AM
Commissioner Skinner
I'll move to approve the Relocation of Common Boundary for Ramler.
9:12:20 AM
Chairman Vincent
Second
9:12:24 AM
 
 Motion passed unanimously.
9:12:27 AM
Chairman Vincent
Opening of Detention Center Design and Finance Options Proposal(s)
9:12:47 AM
Grants Administrator Larry Watson
Proposals received as follows: Municipal Capital Marketing Group, Denver, CO; Durant Group, Denver, CO; Sandholme Dawling Architects, Bozeman, MT; Hightech Construction, Bozeman, MT. Proposals will be taken under advisement, reviewed by the Detention Center Project Team, and will return with a recommendation on December 5th, 2006.
9:14:12 AM
 
 Discussion and Questions
9:15:17 AM
 
 There was no public comment.
9:15:55 AM
 
 No Action Taken.
9:15:58 AM
Chairman Vincent
Public Hearing and Decision on a Resolution Regarding The Petition Of The Proposed Hebgen Lake Estates County Water And Sewer District, Setting The Boundaries Of The District, Calling For An Election On Incorporating The District And Electing A Board Of Directors
9:16:29 AM
Clerk and Recorder Shelley Vance
Presentation, stated names of protestors who submitted letter(s): Pam Wright and John Prichard dated November 13, 2006; Pam Wright and John Prichard dated October 24, 2006, John Prichard and Pam Wright dated October 27, 2006, James R. Ford dated November 6, 2006, Peter and Rose Simon dated November 13, 2006
9:20:50 AM
 
 Discussion and Questions
9:21:50 AM
Public Comment
James Ford, Rhett Nemelka on behalf of John Prichard and Pamela Wright, Rose Simon, John Cartenson, Gene Cook, and Amy Waring
9:49:44 AM
 
 Discussion between the Commission and Amy Waring
9:50:22 AM
Public Comment
John Charles Fleming
9:51:30 AM
 
 Discussion and Questions
9:52:26 AM
Public Comment
Gene Cook, Rose Simon, and Deputy County Attorney Kate Dinwiddie
9:58:17 AM
 
 Closed public comment.
9:58:18 AM
 
 Discussion between the Commission and Rhett Nemelka
9:58:20 AM
Deputy County Attorney Greg Sullivan
Advice and Comments
 
10:00:15 AM
 
 Discussion between the Commission and Clerk and Recorder Shelley Vance
10:01:04 AM
Commissioner Skinner
Finding that the petition is genuine and sufficient and complies to the requirements in Title 7, Chapter 13, parts 22 and 23, I would move to approve Resolution #2006-123 which would call for a special election to be held on a date to be determined by the County Election Administrator for the purpose of voting on the question of whether the Hebgen Lakes Estates County Water and Sewer District being incorporated as a Water and Sewer District and the simultaneous election of the Board of Officers and to set the boundaries of the proposed district as depicted on Exhibit A of the resolution. Also, finding that the lands within the boundaries of the proposed district will benefit by the formation of the proposed district.
10:02:00 AM
Chairman Vincent
Second
10:02:04 AM
 
 Board Discussion/Findings
10:04:08 AM
 
 Motion passed unanimously.
10:04:13 AM
Clerk and Recorder Shelley Vance
Comments
10:05:26 AM
 
 Discussion between the Commission, Shelley Vance, and Grants Administrator Larry Watson
10:07:53 AM
Chairman Vincent
Noted that we will proceed to Item #9: Public Hearing and Decision on a Request for Family Transfer Exemption for Bruce Bobb
10:09:10 AM
Chairman Vincent
Public Hearing and Decision on a Request for Family Transfer Exemption for Bruce Bobb
10:09:19 AM
Belgrade City-County Planner Heidi Jensen
 Presentation
10:11:00 AM
Bruce Bobb
Sworn in by Deputy County Attorney Greg Sullivan and testified under oath.
10:14:29 AM
 
 There was no public comment.
10:14:42 AM
 
 Closed public comment.
10:14:46 AM
Commissioner Skinner
Finding that this appears to be an appropriate use of the family transfer and that it does not appear to be an evasion of the act, I would move to approve the Bobb family transfer.
10:14:58 AM
Chairman Vincent
Second
10:15:02 AM
 
 Motion passed unanimously.
10:15:27 AM
Chairman Vincent
Public Hearing and Decision on a Resolution of Road Name Change in Gallatin County (Un-Named Road off Gallatin Canyon Road to Morton Lane)
10:15:36 AM
Allen Armstrong, GIS Coordinator
Presentation
10:16:11 AM
 
 There was no public comment.
10:16:18 AM
 
 Closed public comment.
10:16:21 AM
Commissioner Skinner
Move to approve Resolution #2006-124, resolution changing an un-named road to the road name of Morton Lane.
10:16:32 AM
Chairman Vincent
Second
10:16:39 AM
 
 Motion passed unanimously.
10:16:43 AM
Chairman Vincent
Public Hearing and Decision on a Resolution of Road Name Change in Gallatin County (Un-Named Road off Stagecoach Trail Road to Karlberg Way)
10:16:58 AM
Allen Armstrong, GIS Coordinator
Presentation
10:17:12 AM
 
 There was no public comment.
10:17:21 AM
 
 Closed public comment.
10:17:23 AM
Commissioner Skinner
Move to approve Resolution #2006-125, a resolution which would name an un-named road off Stagecoach Trail Road to Karlberg Way.
10:17:33 AM
Chairman Vincent
Second
10:17:38 AM
 
 Motion passed unanimously.
10:17:40 AM
Chairman Vincent
Public Hearing and Decision on a Resolution of Road Name Change in Gallatin County (Lodgepole Lane to Black Bear Spur Road)
10:17:52 AM
Allen Armstrong, GIS Coordinator
Presentation
10:18:26 AM
 
 There was no public comment.
10:18:35 AM
 
 Closed public comment.
10:18:38 AM
Commissioner Skinner
Move to approve Resolution #2006-126, changing the existing Lodgepole Lane to Black Bear Spur Road.
10:18:48 AM
Chairman Vincent
Second
10:18:52 AM
 
 Motion passed unanimously.
10:18:55 AM
Chairman Vincent
Public Hearing and Decision on a Resolution of Road Name Change in Gallatin County (Un-Named Road off Sypes Canyon Road to Sypes Creek Court)
10:19:08 AM
Allen Armstrong, GIS Coordinator
Presentation
10:19:23 AM
 
 There was no public comment.
10:19:39 AM
Commissioner Skinner
Move to approve (Resolution) #2006-127, naming an un-named road off Sypes Canyon Road, Sypes Creek Court
10:19:53 AM
Chairman Vincent
Second
10:19:54 AM
 
 Motion passed unanimously.
10:20:00 AM
 
 Recess
10:28:51 AM
Chairman Vincent
Reconvene to Meeting. Public Hearing and Decision on a Request for Final Release of a Performance Bond Improvements Agreement for the James C. Boyd Amended Plat
10:29:08 AM
County Planner Warren Vaughan
Staff Report
10:30:23 AM
 
 There was no public comment.
10:30:36 AM
Commissioner Skinner
Finding that the County Road and Bridge Department has given a letter of credit supporting that the and written approval that the road improvements have been made, I move to approve the release of this letter of credit for James C. Boyd.
10:30:54 AM
Chairman Vincent
Second
10:31:00 AM
 
 Motion passed unanimously.
10:31:03 AM
Chairman Vincent
Public Hearing and Decision on a Request for Final Release of a Performance Bond for the Improvements Agreement for Manley Meadows Major Subdivision
10:31:33 AM
County Planner Christopher Scott
Staff Report
10:33:12 AM
 
 Discussion and Questions
10:36:06 AM
Thelma Manley
Applicant Comments, stated clarification Exhibit #4 and #5 of staff report: On Exhibit #4 should state on the south boundary of Frank Carter's lot and Exhibit #5: should state on the south boundary of Frank Carter's lot #21.
10:37:08 AM
 
 Discussion between Deputy County Attorney Greg Sullivan and Christopher Scott
10:39:48 AM
 
 There was no public comment.
10:39:58 AM
County Planner Christopher Scott
Comments
10:40:26 AM
 
 Closed public comment.
10:40:31 AM
Commissioner Skinner
Finding that the condition is met and the improvements have been made, I would move to (approve) final release of credit for the improvements agreement of Manley Meadows Major Subdivision.
 
10:40:46 AM
Chairman Vincent
Second
10:40:52 AM
 
 Board Discussion including Greg Sullivan, Christopher Scott, and Thelma Manley
10:42:40 AM
 
 Motion passed unanimously.
10:42:46 AM
Chairman Vincent
Public Hearing and Decision on a Request by RTR Holdings, Inc for a Conditional Use Permit for Peaks View Estates within the East Gallatin Zoning District Belgrade City/County Planning Area
10:43:05 AM
Belgrade City-County Planner Heidi Jensen
 Comments
10:48:17 AM
Ron Slade, Bechtle-Slade Architects and Planners
Presentation on behalf of applicant; RTR Holdings, LLC
10:53:27 AM
Tracy Poole, RTR Holdings, LLC
Applicant comments
10:57:27 AM
Cordell Pool, Stahyl Engineering
Comments
10:59:24 AM
 
 Discussion and Questions
11:00:32 AM
 
 There was no public comment.
11:01:02 AM
Tracy Poole, RTR Holdings, LLC
Rebuttal
11:02:14 AM
 
 Discussion between the Commission and Tracy Poole
11:03:19 AM
 
 Closed public comment.
11:03:32 AM
Commissioner Skinner
I'll move to approve the CUP for the Peaks View Estates in the East Gallatin Zoning District.
11:03:42 AM
Chairman Vincent
Second
11:03:46 AM
 
 Board Discussion/Findings
11:04:42 AM
 
 Motion passed unanimously.
11:04:53 AM
Chairman Vincent
Public Hearing and Decision on a Request for Preliminary Plat Approval for Greening Minor Subdivision
11:05:03 AM
Belgrade City-County Planner Heidi Jensen
Presentation, submitted letter from Brian Henderson dated November 20, 2006, labeled Exhibit A, Item #12, and Bart Subdivision map, labeled Exhibit B, Item #12
11:10:49 AM
 
 Discussion between Deputy County Attorney Greg Sullivan and Heidi Jensen
11:11:35 AM
Dennis Foreman, Gaston Engineering
Comments on behalf of applicant; Sherryl Greening.
11:13:05 AM
 
 Discussion between the Commission, Dennis Foreman, and Deputy County Attorney Greg Sullivan
11:17:19 AM
Public Comment
Brian Henderson, Bar PF Land amp; Livestock, LLC
 
11:18:57 AM
 
 Discussion between the Commission, Brian Henderson, and Greg Sullivan
11:21:21 AM
Public Comment
Fred Bell on behalf of Paul Stanley, Sherryl Greening, and Road amp; Bridge Engineer George Durkin
11:32:06 AM
 
 Discussion between the Commission, George Durkin, Greg Sullivan, Heidi Jensen, and Fred Bell
11:38:28 AM
Sherryl Greening
Rebuttal
11:41:58 AM
Dennis Foreman, Gaston Engineering
Comments on behalf of the applicant; Sherryl Greening
 
11:43:00 AM
 
 Discussion between Greg Sullivan, Dennis Foreman, George Durkin, Brian Henderson, and Commission
11:52:22 AM
Deputy County Attorney Greg Sullivan
Stated changes to conditions of Staff Report, change condition #18 to read as follows: "Russell Lane shall be constructed to county gravel standards" and adding a new condition (#26) to read as follows: "Applicants shall use best efforts to enter into a joint maintenance agreement for the maintenance of Russell Lane with the owners of all lots within Minor Subdivision #323."
11:56:04 AM
Sherryl Greening
Comments
11:56:19 AM
 
 Discussion between the Commission, Greg Sullivan, Sherryl Greening, and George Durkin
11:58:44 AM
Commissioner Skinner
I would move to approve Greening Minor Subdivision with staff suggested conditions, with a change of condition #18 to reflect the language that Greg Sullivan suggested about changing the first sentence to construct Russell Lane shall be constructed to county gravel standards and to also add another condition in reference to Greg's comments or his suggestion about best efforts to create a joint owner's association or agreement.
 
11:59:28 AM
Chairman Vincent
Second
11:59:33 AM
 
 Board Discussion/Findings including Greg Sullivan, and Heidi Jensen
12:01:39 PM
 
 Motion passed unanimously.
12:01:51 PM
Chairman Vincent
Presentation of the Belgrade Area Growth Policy to the Commission and Public Comment and Decision on Setting a Date Regarding a Public Hearing and Decision on a Resolution of Intent to adopt the Belgrade Area Growth Policy
12:02:01 PM
Belgrade City-County Planner Jason Karp
Presentation
12:14:20 PM
 
 Discussion between the Commission, Jason Karp, and Deputy County Attorney Greg Sullivan
12:22:24 PM
Commissioner Skinner
I would move to accept the draft of the Belgrade Growth Policy and to set a date for the Resolution of Intent for December 6th, a Wednesday.
12:22:39 PM
Chairman Vincent
Second
12:22:46 PM
 
 There was no public to comment.
12:22:56 PM
 
 Motion passed unanimously.
12:23:03 PM
Chairman Vincent
Public Hearing and Decision on a Resolution Amending Resolution No. 2006-108 to Correct the Date Regarding the Temporary Closure of Bear Canyon Public Right of Way Beyond Bear Canyon Ski Hill to all Motorized Vehicles, Bicycles, and Horses
12:23:34 PM
Commissioner Skinner
I would move to approve Resolution #2006-128.
12:23:39 PM
Chairman Vincent
Second
12:23:45 PM
 
 Motion passed unanimously.
12:23:47 PM
Chairman Vincent
Public Hearing and Decision on a Resolution Regarding Office Closures the Day After Thanksgiving
12:24:17 PM
Commissioner Skinner
Comments, I would move to approve Resolution #2006-129.
12:24:28 PM
Chairman Vincent
Second
12:24:35 PM
 
 Motion passed unanimously.
12:24:39 PM
 
 There were no Pending Resolutions.
12:24:41 PM
 
 Meeting Adjourned.