Description Gallatin County Commissioners' Journal No. February 7, 2006
Date 02/07/2006 Location County Commission
Time Speaker Note
9:00:40 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 Stephanie Young.
9:01:28 AM Public comments on any matters within the Commission's jurisdiction. County Planner Warren Vaughan noted a scheduling conflict with regard to the Vinger Zone Map Amendment.
9:01:48 AM County Planner Warren Vaughan Presentation
9:03:32 AM Chairman Vincent Agenda Announcements: Ingram-Clevenger Contract for the 3rd District Court chambers continued for a later date at the request of Larry Watson.
9:03:46 AM Commissioner Murdock Read the Consent Agenda as follows: 1. The Approval of Claims. 2. Review and Approval of Minutes for January 24th and 25th, 2006. 3. Approval of Asset Disposal for the Information Technology Department. 4. Approval of Boundary Realignment for Gray/Cranford, Oldenburger, Farrier, Finch, Bos. 5. Approval of Contracts: Addendum to County Contract with Eden for Additional Licenses; Ingram-Clevenger for the Completion of the Restroom in the 3rd District Court Chambers ; Contract/Application for County Membership and County Credit Card with Costco.
9:05:20 AM Chairman Vincent There was no public comment.
9:05:30 AM Commissioner Skinner I move to approve the Consent Agenda.
9:05:33 AM Commissioner Murdock Second as amended.
9:05:43 AM Motion passed unanimously.
9:05:48 AM Chairman Vincent Board Appointments:
9:05:53 AM Commissioner Skinner Open Lands Board (Ranger Dykema, Ryan Trenka, Edwin Churchill, Mike Phillips, Joe P. Axtell, Patricia Davis, Grace Morgan, William Guza and Mike Lane.)
9:06:34 AM There was no public comment.
9:06:44 AM Chairman Vincent I think that we could entertain a motion at the least to reappoint all of those that wish to be reappointed in a single motion.
9:06:53 AM Commissioner Murdock I still haven't found anything out about the two applicants we have that could be available for that one vacant position but I will honor your entertained request to appoint all of the ones who have reupped which would leave one vacancy as read into the record by Joe.
9:07:16 AM Commissioner Skinner Second
9:07:34 AM Motion passed unanimously.
9:07:47 AM Commissioner Murdock D.U.I Task Force
9:08:15 AM There was no public comment.
9:08:23 AM Commissioner Skinner I would move to appoint Shanda Smith for a three year term and Stephen Scott for a four year term to the D.U.I Task Force.
9:08:33 AM Commissioner Murdock Second
9:08:44 AM Motion passed unanimously.
9:08:48 AM Chairman Vincent Opening and Receipt of Statements of Qualifications for the Fire and Emergency Services Impact Fee Study
9:09:03 AM Grants Administrator Larry Watson on behalf of Open Lands Board Coordinator Mike Harris Announced receipt of the following proposals: 1. Duncan & Associates in association with Rosenthal & Associates. 2. Clarion in Association with Dr. James Nicholas and BBC Research and Consulting. Evaluation committee will attempt to negotiate a contract and will come back for approval.
9:10:29 AM There was no public comment.
9:10:39 AM No Action Taken.
9:10:44 AM Chairman Vincent Opening of Proposals Received - Detention Center Bridging Documents RFP
9:10:53 AM Grants Administrator Larry Watson Announced receipt of the following proposal from Carter Goble Lee. Evaluation committee will attempt to negotiate a contract and will come back for approval.
9:11:56 AM Chairman Vincent Annoucement changing Chairmanship to Commissioner Skinner, recusing himself to avoid conflict of interest, comments.
9:12:35 AM Commissioner Skinner Public Hearing and Consideration/Decision on a Resolution to Create Bear Creek Properties Subdivision Phases 2 & 3 RID #391.
9:13:00 AM Craig Brawner, Morrison- Maierle, Inc. Presentation
9:17:23 AM Clerk and Recorder Shelley Vance & Deputy Clerk and Recorder Eric Semerad Presentation
9:25:15 AM Deputy County Attorney Greg Sullivan Advice
9:26:53 AM Discussion and Questions
9:27:44 AM Clerk and Recorder Shelley Vance Comments
9:28:30 AM Discussion and Questions
9:28:51 AM Public Comment David Golsner, Paul Monaco, Garrett Peters and Aleen Kienholz, (submitted a bag of rocks labeled Exhibit A, Item 4 and 4 pages of pictures labeled Exhibit B, Item 4) and Jim Kommers.
9:49:04 AM Deputy County Attorney Greg Sullivan Advice
9:51:17 AM Discussion and Questions
9:52:01 AM Public Comment Marcia Banderob
9:54:11 AM Closed public comment.
9:54:15 AM Board Discussion
9:56:20 AM Commissioner Murdock I will move that we approve Resolution # RID-05-391C.
9:56:38 AM Commissioner Skinner Second
9:56:40 AM Board Discussion/Findings including Greg Sullivan.
9:58:25 AM Motion passed unanimously.
9:58:37 AM Chairman Vincent returned to Chairmanship.
9:58:47 AM Chairman Vincent Public Hearing and Consideration/Decision on a Resolution to Create Alder Court Lane, RID #392
9:59:09 AM Craig Brawner, Morrison- Maierle, Inc. Presentation
10:03:45 AM Clerk and Recorder Shelley Vance Presentation
10:05:05 AM There was no public comment.
10:05:32 AM Closed public comment.
10:05:43 AM Commissioner Skinner Finding that there was zero protests and then finding that we made the determination in the resolution of intent that these paved roads do serve a public interest and convenience I would move to approve Resolution # RID-05-392C.
10:06:03 AM Commissioner Murdock Second
10:06:16 AM Motion passed unanimously.
10:06:25 AM Chairman Vincent Public Hearing and Consideration of a Request for Reduction of Road Impact Fees for Rimrock Meadows Subdivision in Big Sky
10:06:43 AM County Planner Sean O'Callaghan on behalf of Planning Director Jennifer Madgic Staff Report
10:08:30 AM Chairman Murdock Discussion and Questions
10:09:23 AM There was no public comment.
10:09:35 AM Closed public comment.
10:09:40 AM Board Discussion
10:12:02 AM Commissioner Skinner I'll move to approve the request for reduction of Road Impact Fees for Rimrock Meadows Subdivision in Big Sky.
10:12:10 AM Commissioner Murdock Second
10:12:19 AM Board Discussion/Findings
10:12:56 AM Motion passed unanimously.
10:12:59 AM Recess
10:24:42 AM Chairman Vincent Reconvene to meeting. Public Hearing and Consideration of a Request by Spanish Peaks Holding, LLC for Preliminary Plat Approval for Phase 6 of the Spanish Peaks Estates Major Subdivision
10:25:08 AM Chairman Vincent Noted three letters received in opposition (Letter dated Feb 2, 2006 from Gary D. Herman and an e-mail from Tom Reeves received Feb 6, 2006 and letter from Richard and Sherry Fast dated Feb 2, 2006.
10:26:50 AM County Planner Paul Bussi Staff Report
10:34:57 AM Discussion and Questions
10:36:08 AM Bob Lee, Land Use Planner, Morrison- Maierle, Inc. Presentation on behalf of the applicant Spanish Peaks Holdings, LLC.
10:46:48 AM Public Comment Richard Fast
10:53:18 AM Wade Pannell, Spanish Peaks Holdings LLC Rebuttal
10:57:29 AM Closed public comment.
10:57:33 AM Board Discussion including Paul Bussi and Wade Pannell
11:08:02 AM Peter Forsch, Spanish Peaks Holding, LLC Comments
11:08:35 AM Board Discussion including, Paul Bussi, Peter Forsch and Bob Lee.
11:11:01 AM Deputy County Attorney Greg Sullivan Advice. Suggests the following changes to Condition # 29: Material alterations to any portion of an approved preliminary play may require review by the Governing Body in a public hearing according to the process in the Gallatin County Subdivision Regulation for "Changes to Conditions After Approval." If material alterations significantly modify impacts of the proposed development, a new preliminary plat may be required. (Material alterations may include an increase or decrease in number of lots, modifications to boundary lines, changes in the amount and location of lands dedicated to parks and open space, relocation or abandonment of public dedicated road right-of-ways, 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.
11:12:06 AM Discussion between the Commission, Paul Bussi, Peter Forsch, Bob Lee and Greg Sullivan
11:22:01 AM Bob Lee, Land Use Planner, Morris and Meirle Comments. Submitted "proposed alternative wording of Condition # 29", labeled Exhibit A, Item 7.
11:24:10 AM Board Discussion including Bob Lee, Greg Sullivan and Paul Bussi.
11:32:57 AM Chairman Murdock I move that we approve this subdivision with all conditions on it 1 thru 29 and with 29 amended as Greg Sullivan suggested.
11:33:11 AM Commissioner Skinner Second
11:33:43 AM Board Discussion/Findings
11:34:27 AM Motion passed unanimously.
11:34:41 AM Recess
11:39:31 AM Chairman Vincent Reconvene to meeting. Public Hearing and Consideration of Request for Preliminary Plat Approval for Hyalite View Estates Major Subdivision
11:40:01 AM County Planner Victoria Drummond Staff Report
11:55:04 AM Discussion and Questions
12:00:39 PM Tracy Poole, Eighteen89 Development Corp., LLC Applicant Presentation
12:09:05 PM Public Comment Clarence Fey, Glenn Kraft and Patricia Campbell.
12:14:54 PM Tracy Poole, Eighteen89 Development Corp., LLC Rebuttal
12:17:25 PM Discussion and Questions
12:20:20 PM Cordell Poole, Stahly Engineering & Associates Comments on behalf of the applicant.
12:22:10 PM Board Discussion and Questions including Tracy Poole.
12:29:30 PM County Planner Victoria Drummond Comments
12:29:42 PM Deputy County Attorney Greg Sullivan Questions and Advice
12:30:43 PM Discussion between the Commission, Greg Sullivan, Victoria Drummond, and Tracy Poole.
12:39:53 PM Recess
12:56:01 PM Reconvene to meeting.
12:56:31 PM County Planner Victoria Drummond Amended condition suggestions: The first one to address is item #4 The Hoy Ditch Company does not require any fencing and as stated by Commissioner Skinner Condition #7 and can remain because it is simply stating that should there be the need for one in the future provisions are being per as stated. Item #28 of staff's proposed conditions would be modified to read: Subdividers shall delineate on the final plat the 100-foot irrigation set back (required by Hyalite Zoning District Regulation). All structures are prohibited from within the irrigation setback. The proposed trail system shall be 40-feet from ditch, except as required for future trail connections to neighboring property to the west. Subdividers shall use best management practices to prevent contaminants from entering the ditch. Item #
29 The subdivider, unless otherwise provided for under separate written agreement or filed easement, shall file and record ditch easements for unobstructed use and maintenance of existing water delivery ditches, pipeline, and facilities in the subdivision that are necessary to convey water through the subdivision to lands adjacent to or beyond the subdivision boundaries in quantities and in a manner that are consistent with historic and legal rights. Irrigation ditches for the community open space shall not be constructed within the 20-foot maintenance easement, a proposed irrigation ditch return may be constructed at the northern edge of the property (which is item #5 from the Hoy Ditch Company). Condition #31 To read as follows: The paved Haystack Road shall terminate no greater than 5-feet from the Hoy Ditch within the "T" turnaround established on the west side of the ditch. The required 60-foot right-of-way and public road dedication shall extend to the west property
boundary. Condition #3 To include the language to be approved by the County Attorney and include language the words "Dedicated to the public" (#19). Condition # 34 deleted. Condition #43, to reflect changes of the subdivision that was heard just before this one and add the words "may" in 3 places in condition #43.
1:01:03 PM Discussion and Questions
1:02:13 PM Deputy County Attorney Greg Sullivan Advice
1:02:40 PM Commission Comments
1:02:58 PM Commissioner Murdock I will try something on the fly on that language and it's not perfect and as long as it could be amended as you have suggested, I would suggest that we add a new condition that would state something to the effect that, "The applicant shall provide a groundwater mitigation plan that will demonstrate no or minimal adverse impact to adjacent wells, comments.
1:04:03 PM Discussion between the Commission, Greg Sullivan, and Tracy Poole.
1:12:43 PM
1:12:50 PM Commissioner Skinner Finding that this subdivision meets requirements of Section 76-3-608 of the Montana Subdivision and Platting Act based on the staff report and finding that is complies with the Gallatin County Subdivision Regs and that it complies with the provisions and objectives of the Hyalite Zoning District Development Plan and the intent of the Hyalite Zoning Regulations I would move to approve Hyalite View Estates Major Subdivision with staff suggested conditions except for the following #28, #29, #31, #3, #19, and #43, modified pursuant to staff in board discussion striking #34 and adding Commissioner Murdock's language in a new condition #44 providing no or minimal impact to adjacent well.
1:14:05 PM Commissioner Murdock Second
1:14:21 PM Board Discussion/Findings
1:20:44 PM Motion passed unanimously.
1:20:51 PM There were no Pending Resolutions .
1:20:53 PM Meeting Adjourned.
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