Description Gallatin County Commissioners' Journal No. May 2, 2006
Date 05/02/2006 Location County Commission
Time Speaker Note
9:01:24 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.
9:02:20 AM Chairman Vincent Public comments on any matters within the Commission's jurisdiction. Attorney Brian Gallik invited the Commission to attend the Bozeman School Foundation's first Excellence and Education banquet at the Hilton Inn next Wednesday evening.
9:05:59 AM Commissioner Skinner Read the consent agenda as follows: 1. Approval of Claims 2. Review and Approval of Minutes for April 18, 2006 3. Approval of Applications for Cancellation of Taxes for Parcel Number(s): PPP9059 Totaling $287.63; and PPP21404, Totaling $708.31 4. Decision for Common Boundary Relocation Exemption for Terry and Wendy O'Neill 5. Decision on Final Plat Approval for the Newman Subsequent Minor Subdivision 6. Approval of Contract(s): Office Lease Agreement Between Gallatin Airport Authority and Gallatin County Sheriff's Office; Memorandum of Understanding in Support of Joint Grant Application for the Justice Assistance Grant between City of Bozeman and Gallatin County in the amount of $16, 422; and Approval of a FY 2007 Grant Application to the Montana Board of Crime Control in the amount of $513,830-continued until
May 9, 2006.
9:07:51 AM Commission comments
9:08:03 AM Commissioner Skinner Noted that approval of the FY 2007 Grant Application to the Montana Board of Crime Control in the amount of $513,830 would be continued until May 9, 2006.
9:08:14 AM There was no public comment.
9:09:16 AM Commissioner Murdock Move to approve.
9:09:18 AM Commissioner Skinner Second
9:09:26 AM Motion passed unanimously.
9:09:30 AM Chairman Vincent Public Hearing and Decision on Cancellation of Personal Property and Mobile Home Delinquencies for 5 Years
9:09:43 AM County Treasurer Kimberly Buchanan Presentation
9:10:14 AM Discussion and Questions
9:11:12 AM There was no public comment.
9:11:20 AM Commissioner Skinner I'll move to approve the cancellation of personal property mobile home delinquencies as presented by the Treasurer.
9:11:29 AM Commissioner Murdock Second
9:11:33 AM Board discussion
9:11:58 AM Motion passed unanimously.
9:12:00 AM Chairman Vincent Public Hearing and Decision on Final Plat Approval for the Ray Sievert Minor Subdivision
9:12:14 AM County Planner Sean O'Callaghan Staff report
9:13:03 AM Discussion and Questions
9:14:12 AM Attorney Joby Sabol Comments on behalf of the client Ray Sievert
9:15:25 AM Public comment Greg Galloway
9:16:59 AM Attorney Joby Sabol Comments
9:18:13 AM Public comment Bruce Thesinga
9:19:58 AM Closed public comment.
9:20:01 AM Board discussion including Deputy County Attorney Greg Sullivan
9:20:37 AM Commissioner Skinner Based on the recommendation of staff that all the conditions have been met I would move to approve the Ray Sievert Minor Subdivision for final plat.
9:20:51 AM Commissioner Murdock Second
9:21:03 AM Motion passed unanimously.
9:21:13 AM Chairman Vincent Public Hearing and Decision on the Request for Preliminary Plat Approval for the Counts Minor Subdivision
9:21:24 AM Belgrade City-County Planner Jason Karp Staff report, noting a corrections to covenant #5(g) to read as follows: "A homeowners association shall be formed and be responsible for the roads within the subdivision and shall participate with owners of the Mount View Subdivision for the shared maintenance of Blaze Mountain Drive and Baldy Mountain Lane" and condition #14 to read as follows: The road names must be approved by the Gallatin County GIS Department. Interior subdivision roads shall be 60 foot right-of-ways, dedicated to the public and /or be public easements in compliance with Section 7-B of the Gallatin County Subdivision Regulations, and be constructed to County Standards. The access road shall be extended to the east property line. The temporary cul-de-sac at the east end of the access road shall be constructed
to Gallatin County Standards and approved by the Fire Department. Letters were received from the following: Don and Janet Gies, Douglas Westphal, Les and Sandy Visser, Darrell and Judy Carlyle, Dale and Kathy Ware, and Brent and Linda Barefield labeled Exhibit A, Item #3.
9:38:35 AM Bill Dreyer, HKM Engineering Presentation on behalf of applicant Donald Counts
9:43:05 AM Donald (Bud) and Terry Counts Applicant presentation
9:44:00 AM Discussion and Questions
9:45:27 AM Public comment Robert E. Lee, Wendy Wilson, Chuck Jenkins, Bill DeHaan, Richard Barbee, Ann Allison, Albert Koenig, Rich Inman, Judy Sowerwine(declined to speak), Elaine Miller, Nic Savco, Dan Evans, Kevin Strickler submitted written testimony labeled Exhibit B, Item #3, and Ken Burger
10:10:08 AM Bill Dreyer, HKM Engineering Rebuttal
10:11:50 AM Road and Bridge Engineer George Durkin Comments
10:13:23 AM Bill Dreyer, HKM Engineering Comments
10:13:45 AM Closed public comment.
10:13:51 AM Board discussion including Deputy County Attorney Greg Sullivan, Jason Karp and Clint Litle, HKM Engineering
10:30:45 AM Clint Litle, HKM Engineering Notes that the applicant agrees to suspension of hearing.
10:30:50 AM Commission comments
10:32:22 AM Commissioner Murdock Move to continue the consideration of the Counts Minor Subdivision until a date that a, well an unspecified date.
10:32:33 AM Commissioner Skinner Second
10:32:51 AM Motion passed unanimously.
10:32:56 AM Recess
10:46:29 AM Chairman Vincent Reconvene to meeting. Continuation of Public Hearing with Consideration of New Information Regarding a Flood Hazard Evaluation and Decision on Preliminary Plat Regarding the River Farm Major Subdivision
10:46:42 AM Belgrade City-County Planner Jason Karp Staff report, noted Assistant Floodplain Administrator Sean O'Callaghan suggested additional conditions to staff conditions to read as follows: #5(s)-No new structures on Lot 2 shall be constructed within the 100 year floodplain. #22-The flood plain that is shown on the preliminary plat shall be shown on the final plat. The final plat shall clearly identify the 300 foot watercourse setback, the 100 year flood plain boundary (based on survey elevations), and the top of the terrace (A-A' line). #23-The final plat shall state that no development shall take place below the crest of the terrace (west of the A-A' line). #24-The final plat shall show building envelopes for the lots. No building envelopes shall be located within the 100 year floodplain. An email was received from Pamela Hainsworth
labeled Exhibit A, Item #4.
10:51:52 AM Brad Bean Applicant presentation
10:58:20 AM Discussion and Questions
11:00:18 AM Ed Matos, Project Engineer, Bridger Engineers, Inc Presentation on behalf of applicant Brad Bean
11:04:50 AM There was no public comment.
11:05:07 AM Discussion between the Commission, Jason Karp and Brad Bean
11:09:14 AM Closed public comment.
11:09:19 AM Board discussion including Greg Sullivan and Jason Karp
11:15:07 AM Commissioner Skinner Finding that River Farm Major Subdivision complies with the Belgrade Growth Policy, meets the requirements of the Gallatin County Subdivision Regs and the Montana Subdivision and Platting Act, and finding that the primary criteria have been mitigated, I would move to approve River Farm Subdivision with staff suggested conditions.
11:15:32 AM Commissioner Murdock Second
11:15:39 AM Board discussion
11:20:50 AM Motion passed 2:1. Chairman Vincent opposed.
11:20:59 AM Chairman Vincent Public Hearing and Decision on a Request by William Kunkel on Behalf of K-Ranch, LLC for Three Variances from the Road Standards of Section 7, Tables 1 and 2 of the Subdivision Regulation (cul-de-sac length, curve radius and paving width) for the K-Ranch First Minor Subdivision
11:21:31 AM County Planner Paul Bussi Staff report ( curve radius ), noting that the applicant requests variance #3 (paving width) be pulled.
11:25:07 AM Chris Wasia, Morrison-Maierle, Inc Presentation on behalf of applicant William Kunkel IV
11:28:14 AM Discussion between Chris Wasia and Deputy County Attorney Greg Sullivan
11:29:22 AM Public comment Bryan Connelley, Assistant Fire Chief Central Valley Fire District and Elliot Iszler
11:34:50 AM Attorney Susan Swimley Comments on behalf of client William Kunkel IV
11:35:28 AM Chris Wasia, Morrison-Maierle, Inc Comments
11:36:22 AM Closed public comment.
11:36:25 AM Commissioner Murdock Comments, I would move that we approve this variance.
11:36:34 AM Commissioner Skinner Second
11:36:39 AM Board discussion including Paul Bussi
11:40:29 AM Motion passed 2:1. Chairman Vincent opposed.
11:40:44 AM County Planner Paul Bussi Staff report ( cul-de-sac length )
11:43:12 AM Discussion and Questions
11:43:47 AM Chris Wasia, Morrison-Maierle, Inc Presentation on behalf of applicant William Kunkel IV
11:44:55 AM Discussion and Questions
11:45:58 AM There was no public comment.
11:46:17 AM County Planner Paul Bussi Comments
11:46:32 AM Closed public comment.
11:46:44 AM Board discussion including Chris Wasia and Paul Bussi
11:52:26 AM Commissioner Skinner Finding that the applicant has not made a case for this variance #2 being not detrimental to public health, safety and general welfare, I would move to deny variance #2.
11:52:44 AM Commissioner Murdock Second
11:52:52 AM Motion passed 2:1. Commissioner Murdock opposed.
11:53:10 AM Discussion between the Commission and Attorney Susan Swimley
11:53:36 AM Chairman Vincent Public Hearing and Decision on Request by William Kunkel on behalf of K-Ranch, LLC for Preliminary Plat Approval of the K-Ranch First Minor Subdivision
11:54:06 AM County Planner Paul Bussi Staff report, suggesting modifications and additions to the conditions as follows: (addition) A fuel mitigation plan acceptable to the county fire warden or the Gallatin Canyon Consolidated RFD be provided prior to final plat approval. Remove language from the covenants that specifies particular types of septic systems and replace the language to say that systems will be provided as required by DEQ and Gallatin City/County Environmental Health Department. Change condition #14(l) to read: Place title to common open space with Owners' Association (or demonstrate compliance with the zoning regulation Open Space ownership and protection requirements in Section 3511 in the Gallatin Canyon Big Sky Zoning Regulation).
12:01:08 PM Discussion and Questions
12:02:00 PM Attorney Susan Swimley Presentation on behalf of client William Kunkel IV
12:05:24 PM Discussion and Questions
12:05:59 PM Public comment Grant Fry and Attorney Jeremy LeFeber
12:09:11 PM Attorney Susan Swimley Comments
12:09:53 PM Discussion and Questions
12:10:24 PM Closed public comment.
12:10:25 PM Board discussion
12:12:11 PM Commissioner Murdock I move that we approve this subdivision subject to the conditions as we amend as follows and I am going to leave as follows blank for a minute here while Paul helps me, but I would find that it's consistent with the Gallatin Canyon/Big Sky Area Plan and their zoning regulations and I think that based on the conditions here that all the primary interest criteria of the Subdivision Regulations are adequately either addressed or mitigated.
12:12:44 PM Commission comments
12:12:56 PM County Planner Paul Bussi Fuel mitigation plan acceptable to the county fire warden or the Gallatin Canyon Consolidated RFD shall be provided prior to final plat approval. Condition (covenant) #14 l, o, p, q, and r add in parenthesis (or demonstrate compliance with zoning regulation open space ownership and protection requirements in Section 3511 with the Gallatin Canyon/ Big Sky Zoning Regulation. Add condition: Material alterations to any portion of an approved preliminary plat may require review by the governing body in a public hearing according to the processes 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, 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 ways, 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 impacts proposed by the development.
12:14:23 PM Commission comments
12:14:38 PM Deputy County Attorney Greg Sullivan Advice (condition #19), I would recommend that you change the language to say, "Subdivider shall construct a secondary access road and the secondary access road shall be within the 60 foot public right of way and shall met applicable County Standards".
12:14:59 PM Commissioner Murdock So moved.
12:15:01 PM Commissioner Skinner Second
12:15:02 PM Commission comments
12:15:06 PM Commissioner Skinner Ok, I will withdraw my second temporarily.
12:15:09 PM Discussion between the Commission, Paul Bussi, and Susan Swimley
12:17:40 PM Commissioner Murdock I will amend the motion to add to 18, "prior to final plat approval". "The subdivider shall enter into an agreement with all affected parties for the shared maintenance of the primary and secondary roads prior to final plat approval".
12:18:00 PM Commissioner Skinner Second
12:18:01 PM Board discussion including Greg Sullivan, Paul Bussi, Susan Swimley
12:20:05 PM County Planner Paul Bussi (condition #20) It could be modified to say that, "All turnarounds and cul-de-sacs must meet county standards and be approved by the fire district".
12:20:33 PM Discussion between Susan Swimley, Greg Sullivan, and Jeremy LeFeber
12:23:51 PM Commissioner Murdock Well, then let's add the language to 17, "to a county standard of a 24 foot paved surface". Can I amend my motion to do that? Would you amend your second?
12:24:05 PM Commissioner Skinner I will amend my second.
12:24:08 PM Discussion between the Commission, Greg Sullivan, and Paul Bussi
12:25:05 PM Deputy County Attorney Greg Sullivan That discussion we've just had over the last couple of minutes since the motion was made has a change to #17, last phrase is deleted, change to #21 and 22, both of them deleting the first phrase.
12:25:27 PM Commission comments
12:25:49 PM Commissioner Skinner I think we still need to amend the motion to reflect what Greg just said.
12:25:55 PM Commissioner Murdock So amended.
12:25:58 PM Commissioner Skinner I'll amend my second.
12:26:00 PM Board discussion
12:26:42 PM Motion passed unanimously.
12:26:44 PM Recess
12:40:24 PM Chairman Vincent Reconvene to meeting. Decision on an Amendment to the Subdivision Regulations (Sections 5.D.12. And 5.D.13.) Eliminating the Requirement That Beneficial Water Use Permit Be Provided With an Application For Preliminary Plat Approval
12:40:50 PM County Planner Randy Johnson Staff report
12:44:04 PM Discussion between the Commission and Deputy County Attorney Greg Sullivan
12:47:25 PM Public comment LWQD Manager Alan English on behalf of the Gallatin Water Resources Task Force, Marty Gagnon, Morrison-Maierle, Inc, Jeffrey McNabb, DMC, Inc., Jennifer Mohler on behalf of the Association of Gallatin Agricultural Irrigators, Dennis Balian, Laura Ziemer on behalf of Trout Unlimited, Richard Maus, County Planner Sean O'Callaghan, and Angie Airhart
1:33:15 PM Closed public comment.
1:33:16 PM Board discussion including Alan English, Laura Ziemer, Jeffrey McNabb, Richard Maus, and David Loseff
1:44:55 PM Commissioner Skinner I would move to direct staff to come up with a new resolution based on the Water Task Force recommendation.
1:45:03 PM Commissioner Murdock Second
1:45:10 PM Board discussion including Randy Johnson and Greg Sullivan
1:51:44 PM Motion passed unanimously.
1:51:53 PM There were no Pending Resolutions.
1:51:57 PM Meeting adjourned.
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