Description
Gallatin County Comissioners' Journal No. February 28, 2006
Date
02/28/2006
Location
County Commission
Time
Speaker
Note
9:02:20 AM
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.
9:03:08 AM
Chairman Vincent
Agenda Announcements: Regular Agenda Item 4: Public Hearing and Decision on Issuance of Notice to Proceed with Fire and Emergency Services Impact Fee Study has been removed from today's agenda and will be continued at a later date.
9:03:24 AM
There was no public comment on any matters within the Commission's jurisdiction.
9:03:50 AM
Commissioner Skinner
Read the Consent Agenda as follows: 1. Approval of Claims; 2. Review and Approval of Minutes for February 14, 2006; 3. Request/Decision Common Boundary Relocation Exemption for Dye & Sons Land and Cattle; 4. Request/Decision for Common Boundary Relocation Exemption for Bangtail Partners, LLC; 5. Approval of Asset Disposals: Sheriff's Department, ITS Department.
9:05:10 AM
Commissioner Murdock
Move to approve the Consent Agenda.
9:05:13 AM
Commissioner Skinner
Second
9:05:18 AM
Motion passed unanimously.
9:06:04 AM
Public Comment
Representative John Sinrud
9:09:46 AM
Receipt and Opening of Bids for 2006 Dust Control Application
9:10:09 AM
Erin Howard, County Road & Bridge Department
Opening of Bids received from Dustbusters Inc. 59.5 cents per linear foot; WE Dust Control 45 cents per linear foot; Melotz Trucking Inc 65 cents per linear foot, will be back tomorrow for a recommendation.
9:12:13 AM
Chairman Vincent
Public Hearing and Decision of a Resolution of Intent to Amend the Gallatin County FY 2006 Final Operating Budget for Receipt of Unanticipated Revenues of $390,400 from Road Impact Fees for the County Road Department Road Impact Fee Fund
9:12:53 AM
Erin Howard, County Road & Bridge Department
Presentation
9:14:21 AM
There was no public comment.
9:14:39 AM
Closed public comment.
9:14:49 AM
Commissioner Murdock
I move that we approve Resolution #2006-012. Resolution of Intent, I amend my motion to move to approve a Resolution of Intent.
9:15:09 AM
Commissioner Skinner
Second
9:15:28 AM
Motion passed unanimously.
9:15:36 AM
Chairman Vincent
Public Hearing and Decision of a Resolution of Intent of the Gallatin County Commission to Amend the Hebgen Lake Zoning Regulation for a Tract of Land That has Changed to Public Ownership
9:15:55 AM
County Planner Christopher Scott
Staff Report, submitted a map of "Subject Property to be zoned Public Lands (PL)", labeled Exhibit A, Item 3.
9:18:19 AM
Deputy County Attorney Greg Sullivan
Questions
9:18:45 AM
There was no public comment.
9:18:54 AM
Closed public comment.
9:18:59 AM
Commissioner Skinner
I'll move to approve Resolution of Intent #2006-013.
9:19:06 AM
Commissioner Murdock
I'll second it.
9:19:19 AM
Board Discussion and Questions.
9:20:21 AM
Motion passed unanimously.
9:20:30 AM
Chairman Vincent
Decision of a Resolution of the Gallatin County Commission Amending Section 21.4, Meadow Center, of the Gallatin Canyon/Big Sky Zoning Regulation Originally Requested by Drolette.
9:21:01 AM
County Planner Paul Bussi
Staff Report
9:21:31 AM
There was no public comment.
9:21:42 AM
Closed public comment.
9:21:46 AM
Commissioner Murdock
I move that we approve the resolution by the Gallatin County Commission to amend the Gallatin Canyon/Big Sky Zoning Regulation, which is Resolution #2006-014, which in summary would allow daycares in the Meadows Center area as a conditional use.
9:22:07 AM
Commissioner Skinner
Second
9:22:15 AM
Commissioner Skinner
I'll just add to the findings that this was unanimously recommended for approval by the Gallatin Canyon/Big Sky advisory committee and it was recommended for approval by the Big Sky Planning and Zoning Commission.
9:22:33 AM
Motion passed unanimously.
9:22:41 AM
Chairman Vincent
Public Hearing and Decision on a Request to Amend Condition #2 of Preliminary Plat Approval for the Bitterroot Minor Subdivision
9:22:54 AM
Lanette Windemaker, Manhattan Planner
Staff Report, submitted an e-mail dated Feb 24, 2006 from Jane Mersen, labeled Exhibit A, Item 6.
9:27:47 AM
Board Discussion and Questions between the Commission, Lanette Windemaker and Greg Sullivan.
9:30:11 AM
Terry Threkheld, Innovative Engineers
Presentation on behalf of the applicant, submitted a packet of various correspondence and staff reports in regards to the subdivision, labeled Exhibit B, Item 6.
9:47:13 AM
Kristen Swenson, Chairman of Manhattan City Planning Board
Presentation on behalf of the applicant.
9:52:14 AM
Pauline Marshall
Applicant Presentation
9:54:29 AM
There was no public comment.
9:54:53 AM
Lanette Windemaker, Manhattan Planner
Comments
9:55:48 AM
Terry Threkheld, Innovative Engineers
Comments
10:00:00 AM
Deputy County Attorney Greg Sullivan
Questions and Comments. The Findings Of Facts state that this was reviewed for the Gallatin County Subdivision not the subdivision regs for the town of Manhattan, so when they issued this finding and signed it when the Commission did, they signed it having reviewed it for compliance with the County Subdivision regulations that's in the Findings Of Fact if there was an issue with the Findings Of Fact you have 30 days under state law to go after these Findings Of Fact and you have not done so, what you are asking for now is for them to revisit this condition there's a standard in the subdivision regulations for them to revisit a condition of approval so what I am asking you to do is to explain to the Commission why there's errors or omissions that are beyond your control that make fulfilling this condition unnecessary, impossible or illegal
and at this point I haven't heard you state that to them.
10:04:20 AM
Discussion and Questions between the Commission and Greg Sullivan.
10:10:10 AM
Chairman Vincent
Lets let the record show that Commissioner Skinner and Chairman Vincent would have made a commitment to review the FTR for the July 19, 2005 Meeting.
10:10:54 AM
Discussion and Questions between the Commission, Terry Threkheld and Greg Sullivan.
10:14:46 AM
Lanette Windemaker, Manhattan Planner
Comments
10:15:04 AM
Commissioner Skinner
I will move to continue this Agenda Item until March 21st, 2006.
10:15:09 AM
Commissioner Murdock
Second
10:15:19 AM
Motion passed unanimously.
10:15:26 AM
Recess
10:26:44 AM
Reconvene to meeting
10:26:51 AM
Chairman Vincent
Public Hearing and Decision on a Request for Amended Plat of Minor Subdivision No. 213 to Abandon Cinch Road, an Interior Subdivision Road
10:27:09 AM
County Planner Victoria Drummond
Staff Report
10:31:16 AM
Ray Center, Rocky Mountain Engineers
Applicant Presentation
10:32:23 AM
Deputy County Attorney Greg Sullivan
Comments
10:32:30 AM
County Planner Victoria Drummond
Comments
10:33:23 AM
There was no public comment.
10:33:29 AM
Closed public comment.
10:33:33 AM
Board Discussion and Questions
10:33:51 AM
Commissioner Murdock
Comments, and I will move finding it in the public interest and conforming with the subdivision regs and Montana law and Gallatin County Growth Policy that we abandon this road or approve the amended plat subject to the conditions presented by staff.
10:34:06 AM
Commissioner Skinner
I'll Second.
10:34:13 AM
Motion passed unanimously.
10:34:18 AM
Chairman Vincent
Public Hearing and Decision on a Request for Preliminary Plat Approval for the All West Business Park Minor Subdivision
10:34:47 AM
Randy Johnson, Manager
Staff Report
10:43:33 AM
Discussion and Questions between the Commission and Randy Johnson.
10:45:35 AM
Rich Fillbach, Hyalite Engineers
Presentation on behalf of the applicant, Love Lane LLC.
10:46:35 AM
Discussion and Questions between the Commission and Rich Fillbach.
10:49:58 AM
Randy Johnson, Manager
Comments
10:51:46 AM
Public Comment
Peter Bennett and Robin Bennett.
10:57:10 AM
Rich Fillbach, Hyalite Engineers
Rebuttal
10:58:32 AM
Discussion and Questions between the Commission, Rich Fillbach, Randy Johnson and Greg Sullivan.
11:16:34 AM
Commissioner Murdock
I move that we approve this subdivision with the conditions presented by staff with an additional condition put in there "that no lots shall be further subdivided without the consent of the governing body".
11:16:51 AM
Commissioner Skinner
I'll Second.
11:17:04 AM
Jacy Cook, Owner of All West Veterinary Hospital
Comments on behalf of the applicant, Love Lane LLC.
11:20:37 AM
Discussion and Questions between the Commission, Randy Johnson and Greg Sullivan.
11:27:51 AM
Commissioner Murdock
I will amend my motion if the second would amend to include that.
11:27:58 AM
Commissioner Skinner
Staff Report dated Feb 28, 2006 Item 26c: All Interior lots shall be limited to one driveway access "on all west Trail". That would leave the potential to have other accesses into those lots, comments. I'll add in the language on Items 4 and 5.
11:29:15 AM
Commissioner Skinner
I will amend my second, also.
11:32:13 AM
Commissioner Murdock
I'm gonna withdraw my entire motion.
11:32:15 AM
Commissioner Skinner
Okay, I'll withdraw my second.
11:32:54 AM
Commissioner Murdock
So I will move that we approve this subdivisions with conditions presented by staff with 26c as amended and another covenant that we have already mentioned and that's the one prohibiting further subdivision of the lots without consent of the governing body.
11:33:16 AM
Commissioner Skinner
I'll Second.
11:33:19 AM
Discussion and Questions between the Commission, Jacy Cook and Randy Johnson, Greg Sullivan.
11:34:23 AM
Randy Johnson, Manager
Would like to make Item 26h, 26i and then add the further subdivisions as 26h, also recommended adding, "further subdivisions shall be prohibited".
11:35:02 AM
Commissioner Murdock
I would add that also then.
11:35:06 AM
Commissioner Skinner
Second will agree.
11:35:08 AM
Deputy County Attorney Greg Sullivan
Questions and Comments
11:35:59 AM
Commissioner Skinner
I would like to find that this subdivision does not comply with the Bozeman Area Plan, I would like to find that it does comply with Gallatin County Subdivision regulations, it complies with Section meets requirements of Section 76-3-608 of Montana Subdivision and Platting Act, it the primary criteria have been mitigated as far agriculture, agricultural water user facilities, local services, Wildlife and Wildlife Habitat. I do feel there isn't some issue with public health and safety with the traffic, but I feel that has been mitigated to some extent through the prohibiting further subdivision.
11:36:56 AM
Commissioner Murdock
Comments
11:37:37 AM
Motion passed unanimously.
11:37:57 AM
Chairman Vincent
Initial Public Hearing Regarding the Availability of Funding through the Community Development Block Grant
11:38:27 AM
Grants Administrator Larry Watson
Presentation
11:49:56 AM
Public Comment
Finance Director Ed Blackman, Crystal Bennett and David King.
11:53:08 AM
Discussion and Questions between the Commission, David King, Crystal Bennett, Ed Blackman and Larry Watson.
12:03:30 PM
There were no Pending Resolutions.
12:03:33 PM
Meeting Adjourned.
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