Description Gallatin County Commissioners' Journal No. June 27, 2006
Date 06/27/2006 Location County Commission
Time Speaker Note
9:04:44 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.
9:05:41 AM Chairman Vincent There was no public comments on any matters within the Commission's jurisdiction. Agenda announcement noting that Consent agenda Item #2, Decision for Final Plat Approval for Calico Industrial Park Major Subdivision was pulled until a later date.
9:06:09 AM Commissioner Skinner Read the consent agenda as follows: 1. Approval of Claims 2. Decision for Final Plat Approval for Calico Industrial Park Major Subdivision-pulled 3. Decision for Common Boundary Relocation for Walker 4. Approval for Contract(s): Bozeman Daily Chronicle Legal Advertising Contract; Lease Agreement with Terrell's Office Machines for Copier for Extension Services; Community Service Worksite Agreement Between Gallatin County and the City of Three Forks for Court Ordered Community Service Workers; Contract with Morrison-Maierle for Survey Control of Existing Monumentation to Adjust the Land base in Gallatin County; and Contract with R&R Taylor Construction for Remodel of the IT Training Lab and Office Space
9:07:31 AM There was no public comment.
9:07:42 AM Commissioner Murdock Move to approve the consent agenda as read.
9:07:47 AM Commissioner Skinner Second
9:07:53 AM Motion passed unanimously.
9:07:56 AM Chairman Vincent Public Hearing and Consideration/Decision on Preliminary Plat Application for the Brenden Minor Subdivision
9:08:14 AM County Planner Warren Vaughan on behalf of County Planner Sean O'Callaghan Staff report, submitted fax from Kevin Cook dated June 23, 2006, a proposed amendment to condition #12 labeled Exhibit A, Item #1.
9:13:38 AM Kevin Cook Presentation on behalf of applicant Robert Brenden
9:17:07 AM Discussion between the Commission, Warren Vaughan, and Kevin Cook
9:19:56 AM Public comment Attorney Christopher Gray representing the Rae Fire Service Area
9:22:07 AM Closed public comment.
9:22:11 AM Board discussion including Deputy County Attorney Greg Sullivan
9:28:12 AM Commissioner Murdock I move that we approve the two lot Brenden Minor Subdivision with all the conditions presented by staff with the following amendments, condition #7 deleted and condition #12 to read: Subdivider shall comply with the fire protection requirements as specified on a memo dated 6/23/06, which is Exhibit A, Item #1. I'm leaving #8 as is, they can come back in if and when they want a different encroachment and amend this.
9:28:55 AM Commissioner Skinner Second
9:28:58 AM County Planner Warren Vaughan Can I suggest that with your amendment for #12 you also leave in, "Subdivider shall comply with the fire protection requirements of the Gallatin County Subdivision Regulations", comments.
9:29:19 AM Commissioner Murdock Comments, yes I would add that back in.
9:29:28 AM Commissioner Skinner Second
9:29:37 AM Board discussion/Findings
9:29:52 AM Motion passed unanimously.
9:30:03 AM Chairman Vincent Public Hearing and Consideration of Request for Preliminary Plat Approval for the Amended Plat of Ross Creek Subdivision, Tract 31
9:30:14 AM County Planner Christopher Scott Staff report
9:35:30 AM Discussion and Questions
9:36:20 AM Tom Henesh, Morrison-Maierle, Inc Presentation on behalf of the applicant Trent Gardner and Eric Hjermstad, suggested the following be added to the end of condition #6, "And be shown or indicated on the final plat". It was also suggested that condition #19 (a), (b), and (c) be deleted.
9:38:27 AM Discussion and Questions
9:38:41 AM There was no public comment.
9:38:53 AM Closed public comment.
9:39:04 AM Commissioner Skinner Finding that the a this application does comply with the goals and policies of the Gallatin County Growth Policy and finding that it meets the requirements of Section 76-3-608 of the Montana Subdivision and Platting Act and finding that it does comply with the Gallatin County Subdivision Regulations, with the primary the effects of primary criteria have been mitigated, I would move to approve this application with the staff suggested conditions with the exception of #6, to add, "And be shown on the final plat" as suggested by the applicant and to delete bullets a, b, and c on condition #19.
9:40:03 AM Commissioner Murdock Second
9:40:17 AM Motion passed unanimously.
9:40:23 AM Chairman Vincent Decision on Request for Variance from Setback Requirements in Gallatin Canyon/Big Sky Zoning District for Smith (Public Hearing held June 8, 2006)
9:40:42 AM County Planner Randy Johnson Presentation
9:41:22 AM There was no public comment.
9:41:35 AM Chairman Vincent This is Resolution #2006-066.
9:41:39 AM Commissioner Murdock So moved, you already had the hearing.
9:41:50 AM Motion passed unanimously.
9:41:52 AM Chairman Vincent Public Hearing and Decision for Preliminary Approval of the Purchase of .74 Acres of Parkland in the City of Bozeman
9:44:31 AM Open Lands Board Coordinator Mike Harris Presentation
9:48:20 AM Discussion and Questions
9:49:26 AM There was no public comment.
9:49:38 AM Board discussion
9:50:25 AM Commissioner Murdock So I move that we approve it with level one approval as presented by Mike Harris.
9:50:29 AM Commissioner Skinner Second
9:50:44 AM Motion passed unanimously.
9:50:48 AM Chairman Vincent Public Hearing and Decision on Resolution Awarding the Sale of Bonds for Rural Special Improvements District #391 (Bear Creek Road)
9:51:00 AM Deputy County Attorney Greg Sullivan Comments and Advice
9:51:31 AM Craig Brawner, Morrison-Maierle, Inc Presentation
9:53:35 AM Discussion and Questions
9:54:25 AM Treasurer Kim Buchanan Comments
9:54:45 AM Discussion between the Commission, Kim Buchanan, and Craig Brawner
9:55:37 AM There was no public comment.
9:55:50 AM Commissioner Skinner I'll move to approve Resolution #RID-05-391D.
9:55:55 AM Commissioner Murdock Second
9:56:04 AM Motion passed unanimously.
9:56:07 AM Chairman Vincent Public Hearing and Decision on Resolution Awarding the Sale of Bonds for Rural Special Improvements District #392 (Alder Court)
9:56:22 AM Craig Brawner, Morrison-Maierle, Inc Presentation
9:58:13 AM There was no public comment.
9:58:24 AM Commissioner Murdock Move to approve Resolution #RID-05-392D.
9:58:32 AM Commissioner Skinner Second
9:58:40 AM Motion passed unanimously.
9:58:44 AM Recess
10:12:01 AM Chairman Vincent Reconvene to meeting. Public Hearing and Decision of an Improvements Agreement for the Northstar Single Family Phases I and II Major Subdivision
10:12:49 AM County Planner Warren Vaughan Staff report, noting this would only apply to Phase II, as Phase I has already been completed.
10:13:59 AM Barbara Campbell, Valkyrie, LLC Comments
10:14:51 AM Discussion between the Commission, Barbara Campbell, Warren Vaughan, and Deputy County Attorney Greg Sullivan
10:16:49 AM Road and Bridge Engineer George Durkin Comments
10:17:17 AM Discussion and Questions
10:18:00 AM There was no public comment.
10:18:13 AM Deputy County Attorney Greg Sullivan Advice
10:18:37 AM Commissioner Murdock I would move that we approve the Improvements Agreement for Northstar Single Family Phase II Major Subdivision.
10:18:46 AM Commissioner Skinner Second
10:19:00 AM Motion passed unanimously.
10:19:03 AM Chairman Vincent Public Hearing and Decision of an Improvements Agreement for the Northstar Single Family Phase III Major Subdivision
10:19:10 AM County Planner Warren Vaughan Staff report
10:19:35 AM Barbara Campbell, Valkyrie, LLC Comments
10:20:08 AM There was no public comment.
10:20:24 AM Commissioner Skinner Comments, move to approve the Improvements Agreement for the Northstar Single Family Phase III Major Subdivision.
10:20:39 AM Commissioner Murdock Second
10:20:49 AM Motion passed unanimously.
10:20:53 AM Chairman Vincent Decision on Final Plat Approval for the Northstar Block I Commercial Phase 2 Major Subdivision
10:21:01 AM County Planner Warren Vaughan Staff report, submitted memorandum from Scott Compton, DNRC labeled Exhibit A, Item #9
10:25:37 AM Discussion and Questions
10:27:31 AM Barbara Campbell, Valkyrie, LLC Comments
10:30:05 AM Discussion and Questions
10:32:28 AM Attorney Matt Williams Presentation on behalf of client Valkyrie, LLC
10:37:59 AM Discussion and Questions
10:44:31 AM Public comment Steven Seitel, Kurtis Nason, John Hulme, President of Four Corners County Water and Sewer District submitted written testimony labeled Exhibit B, Item #9, Dawn Smith, Neal Ainsworth, Joe Gutkoski, President of Montana River Action, Clinton Cain, Rosie Faust, Meredith Tate, Attorney Susan Swimley representing Four Corners Water & Sewer District, Richard Smith, Dave Pruitt, Patricia Pruitt, Dan Mott, Lonny Walker, Travis France, Lynne Scalia on behalf of the Monforton School District, and Scott Compton on behalf of Department of Natural Resources
11:55:53 AM Barbara Campbell, Valkyrie, LLC Comments
11:57:00 AM Commissioner Skinner Proposed that the developer add language described in Exhibit C, Item #9 to all contracts regarding water issues.
11:57:16 AM Discussion between the Commission and Barbara Campbell
11:57:42 AM Chairman Vincent Proposed the following language be added at the end of the second paragraph of Exhibit C, Item #9, "And the legal right to potable water cannot be guaranteed".
11:59:26 AM Discussion between the Commission, Attorney John Kauffman, Deputy County Attorney Greg Sullivan, and Barbara Campbell
12:03:06 PM County Planner Warren Vaughan Comments, noting a letter received from Lou Dumas and Bryan Connelley
12:04:33 PM County Attorney Marty Lambert Comments and Advice
12:12:22 PM Discussion and Questions
12:18:35 PM Closed public comment.
12:18:38 PM Board discussion
12:30:57 PM Commissioner Skinner Finding that Commerical Phase 2 of Northstar Major Subdivision has met the requirements and conditions preliminary plat approval and that they've been satisfied and that it conforms to MCA 76-3 and the Subdivision Regulations, I would move to approve final plat.
12:31:18 PM Commissioner Murdock Second
12:31:39 PM Board discussion
12:32:49 PM Motion passed unanimously.
12:32:52 PM Recess
12:44:31 PM Chairman Vincent Reconvene to meeting. Decision on Final Plat Approval for the Northstar Single Family Residential Phase I Major Subdivision- noting in general that prior testimony to basic fundamental questions that were discussed in regard to the prior agenda item would be incorporated into the record and applied to the same issues in subsequent hearings.
12:45:39 PM Commissioner Murdock on behalf of County Planner Warren Vaughan Staff report
12:46:17 PM Barbara Campbell, Valkyrie, LLC Comments
12:48:06 PM Attorney Matt Williams Comments, requesting that the same comments made in the prior hearing be incorporated in this one.
12:48:40 PM Public comment Joe Gutkoski, President of Montana River Action, Richard Smith, Scott Johnson, and Attorney Susan Swimley
12:57:44 PM Closed public comment.
12:57:51 PM Commissioner Murdock Comments, I would move that we approve final plat approval for Single Family Residential Phase I future subdivision of Northstar.
12:58:15 PM Commissioner Skinner Second
12:58:26 PM Board discussion/Findings
12:59:26 PM Motion passed unanimously.
12:59:28 PM Chairman Vincent Decision on Final Plat Approval for the Northstar Single Family Phase Residential II Major Subdivision
12:59:46 PM County Planner Warren Vaughan Staff report
1:00:23 PM Attorney Matt Williams Comments, requesting that the same comments made in the prior hearings be incorporated in this one.
1:00:32 PM There was no public comment.
1:00:40 PM Closed public comment.
1:00:43 PM Commissioner Murdock Comments, so I move that we approve it.
1:01:18 PM Commissioner Skinner Second
1:01:22 PM Commissioner Murdock That would be final plat approval for Northstar Single Family Phase Residential II Major Subdivision.
1:01:31 PM Commissioner Skinner Second
1:01:36 PM Board discussion/Findings
1:02:33 PM Motion passed unanimously.
1:02:38 PM Chairman Vincent Decision on Final Plat Approval for the Northstar Single Family Phase Residential III Major Subdivision
1:02:45 PM County Planner Warren Vaughan Staff report
1:03:08 PM Attorney Matt Williams Comments, requesting that the same comments made in the prior hearings be incorporated in this one.
1:03:17 PM There was no public comment.
1:03:24 PM Closed public comment.
1:03:25 PM Commissioner Murdock Again, finding that the issue is the same, that the conditions have been met, the only salient controversial point or discussion point was condition #56, I would incorporate all the testimony from the previous #9 into this hearing also. Move to approve final plat for the Northstar Single Family Phase Residential III Major Subdivision.
1:03:55 PM Commissioner Skinner Second
1:04:03 PM Board discussion
1:04:50 PM Motion passed unanimously.
1:04:52 PM There were no Pending Resolutions.
1:04:53 PM Meeting adjourned.
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