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Gallatin County Commission Meeting Minutes July 11, 2006
Description Gallatin County Commissioners' Journal No. July 11, 2006
Date 07/11/2006 Location County Commission
  
Time Speaker Note
9:01:39 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. Meeting was held at the Central Valley/Belgrade City Training Center.
9:02:50 AM   There was no public comments on any matters within the Commission's jurisdiction.
9:03:07 AM Commissioner Skinner Read the Consent Agenda as follows: 1. Approval of Claims; 2. Review and Approval of Minutes for June 27 & 28, 2006; 3. Decision on Final Plat Approval for the Madison Minor Subdivision; 4. Decision on a Request for Common Boundary Relocation Exemption for Peter and Evangelina Douma, David Simeone and Karen Selin; 5. Approval of Contract(s): Agreement for Mail and Courier Services with Same Day Delivery, Agreement With Spectrum Medical, Inc for Medical and Mental Health Services at the Gallatin County Detention Center  
9:04:29 AM   There was no public comment.
9:04:41 AM Commissioner Murdock Move to approve the consent agenda as read.
9:04:45 AM Commissioner Skinner Second
9:04:51 AM   Motion passed unanimously.
9:04:54 AM Chairman Vincent Board Appointment(s):
9:05:05 AM Commissioner Murdock Airport Authority
9:06:01 AM   There was no public comment.
9:06:15 AM Commissioner Murdock Comments, I move that we appoint him (Richard Roehm).
9:07:45 AM Commissioner Skinner Second
9:07:48 AM   Board Discussion (Commissioner Skinner submitted letter from Tom Nagorski labeled Exhibit A, Item #1.)
9:09:21 AM   Motion passed 2:1. Commissioner Skinner opposed.
9:09:33 AM Commissioner Skinner Board of Park Commissioner
9:10:11 AM   There was no public comment.
9:10:22 AM Commissioner Skinner I'll move to re-appoint Ms. Deagen and Ms. Collins to the County at Large rep positions on the Board of Park Commissioners.
9:10:34 AM Commissioner Murdock Second
9:10:46 AM   Board Discussion
9:11:10 AM   Motion passed unanimously.
9:11:17 AM Chairman Vincent Presentation of Plaques to Former Solid Waste Management District Board Members
9:11:45 AM Commissioner Murdock Presentation of plaques to Ray Noble & Dave Pruitt
9:19:13 AM Chairman Vincent Public Hearing and Decision on a Request for Family Transfer Exemption for Mark and Ginger VanOrden
9:19:37 AM Belgrade City-County Planner Jason Karp Presentation
9:20:41 AM Mark, Ginger & Allen VanOrden Sworn in by Deputy County Attorney Greg Sullivan and testified under oath.
9:23:20 AM   Commission Comments
9:23:39 AM   There was no public comment.
9:23:48 AM   Closed public comment.
9:23:52 AM Commissioner Murdock Based on the testimony received this appears to be a proper use of the exemption, so I move that we approve it.
9:23:59 AM Commissioner Skinner Second
9:24:08 AM   Motion passed unanimously.
9:24:15 AM Chairman Vincent Public Hearing and Decision Regarding Release of an Improvements Agreement and Financial Guaranty for the Parker Place Minor Subdivision
9:24:34 AM Belgrade City-County Planner Jason Karp Presentation  
9:25:46 AM   Discussion between the Commission and County Road & Bridge Engineer George Durkin
9:27:24 AM   There was no public comment.
9:27:33 AM Belgrade City-County Planner Jason Karp Stated a correction to draft letter attached in staff report will be made changing letterhead from "City" to "County Letterhead".
9:27:45 AM   Closed public comment.
9:27:54 AM Commissioner Skinner Based on the recommendation by staff to release this bond and improvements agreement and considering that George Durkin has verified that the conditions have been met and his recommendation that the financial guaranty be released, I would move to release the improvements agreement and financial guaranty for Parker Place Minor Subdivision.  
9:28:21 AM Commissioner Murdock Second
9:28:34 AM   Motion passed unanimously.
9:28:37 AM Chairman Vincent Receipt of Petition to Annex Property into the Central Valley Fire District
9:29:13 AM   There was no public comment.
9:29:19 AM Commissioner Skinner Comments, read the Clerk & Recorders certificate relating to qualifications of the signers into the record.
9:31:21 AM Bryan Connelley, Assistant Chief, Central Valley Fire District Comments
9:31:54 AM   There was no public comment.
9:32:03 AM   Closed public comment.
9:32:07 AM Commissioner Murdock I move that we accept the petition to annex property into the Central Valley Fire District as read by Commissioner Skinner and set a hearing date on Aug 8, 2006, to hold the hearing to consider annexing the property.
9:32:25 AM Commissioner Skinner Second
9:32:34 AM   Motion passed unanimously.
9:32:35 AM Chairman Vincent Public Hearing on Preliminary Budget (Commission Will Hear Request from the Public, Elected Officials, and Department Heads on the Adopted Preliminary Budget)
9:33:08 AM Finance Director Ed Blackman Presentation, submitted a letter from Undersheriff Jim Oberhofer dated July 11, 2006, labeled Exhibit A, Item #6, also submitted Budget Message dated June 21, 2006, labeled Exhibit B, Item #6.
9:38:11 AM   Discussion and Questions
9:40:53 AM   There was no public comment.
9:41:11 AM   Discussion between the Commission and Ed Blackman.
9:41:33 AM   No Action Taken.
9:41:34 AM Chairman Vincent Stated that Item #8: Public Hearing and Decision on Preliminary Amended Plat of Minor Subdivision No. 78 (Chickadee Ridge II) Including a Decision on a Request for Variances from the Fire Protection Standards (Section 6.E.4 (Public Water Supply)) and Road Design Standards (Section 7.F (Access Road Standards)) of the Gallatin County Subdivision Regulations- has been pulled from the agenda.
9:42:08 AM County Planner Victoria Drummond Noted Item #8 has been continued for September 19, 2006 at request of the subdivider.
9:42:28 AM Chairman Vincent Public Hearing and Decision on a Request for Conditional Use Permit for an Animal Hospital within the Gallatin County/Bozeman Area Zoning District for VanLuchene
9:42:40 AM County Planner Warren Vaughan Staff Report, recommended adding staff finding #12 to the conditions in staff report.  
9:48:35 AM Connie VanLuchene Applicant Presentation
9:51:38 AM Public Comment Steve White
9:55:26 AM Connie VanLuchene Comments
9:56:09 AM County Planner Warren Vaughan Comments
9:56:25 AM   Closed public comment.
9:56:37 AM Commissioner Skinner Finding that the Planning Board recommended approval unanimously and finding from staff recommendation that this site, the proposed use it adequate in size and, topography to accommodate this use and all the yard, spaces, walls, and fences, parking, loading and landscaping are adequate and the site is adequate for width streets and highways in relation to width and pavement type to carry the quantity and kind of traffic generated and because there was no negative public comment the proposed use will have no adverse effect on abutting property and conditions have addressed any proposed adverse effects and that finding that the conditional use is complied with all conditions stipulated in Sections 46, 47, and 50, I would move to approve this CUP with staff suggested conditions and adding condition #11 which would incorporate staff finding #12 incorporating the general conditions in Section 53.030.B.  
9:57:52 AM Commissioner Murdock Second, I would add that I think by the addition of the conditions that we would make this Conditional Use Permit, it would protect adequately the public health, safety and general welfare and then without reading all of page 4 of the staff report, but as Warren (Vaughn) has put in his staff report and entered into the record on page 4 the findings from A, B, C, and D which refer to a lot of the things that were summarized in Joe's findings, I think that we have specifically met those requirements to satisfy the zoning code.
9:59:18 AM   Motion passed unanimously.
10:00:01 AM Chairman Vincent Public Hearing and Decision on Preliminary Amended Plat of Minor Subdivision No. 78 (Chickadee Ridge II) Including a Decision on a Request for Variances from the Fire Protection Standards (Section 6.E.4 (Public Water Supply)) and Road Design Standards (Section 7.F (Access Road Standards)) of the Gallatin County Subdivision Regulations- continued for September 19, 2006. Public Hearing and Decision on a Request for Preliminary Plat Approval of Perin Minor Subdivision, a subsequent Subdivision of Minor Subdivision 121A, and a Request for Variance from Lot Dimension Standards
10:00:21 AM County Planner Victoria Drummond Staff Report, submitted an e-mail from Veronica Wing dated July 11, 2006, labeled Exhibit A, Item #9.  
10:14:04 AM   Discussion and Questions
10:15:47 AM Mark Chandler, C&H Engineering Presentation on behalf of the applicant's Brian & Rori Perin.
10:22:33 AM Public Comment Rydell King and Bryan Connelley, Assistant Chief Central Valley Fire District
10:29:32 AM County Planner Victoria Drummond Comments
10:30:45 AM   Discussion between the Commission, Rori Perin, Victoria Drummond, and Deputy County Attorney Greg Sullivan.
10:36:49 AM Mark Chandler, C&H Engineering Rebuttal
10:38:04 AM   Closed public comment.
10:38:12 AM   Discussion between the Commission and Greg Sullivan.
10:44:30 AM Commissioner Murdock I move that we grant the variance.
10:44:35 AM   Commission Comments
10:45:02 AM Commissioner Skinner Second
10:45:10 AM   Board Discussion including Greg Sullivan
10:46:10 AM   Motion denied 2:1. Chairman Vincent and Commissioner Skinner opposed.
10:46:13 AM   Board Discussion including Greg Sullivan, Victoria Drummond, Mark Chandler, and Rori Perin.
10:54:10 AM Commissioner Skinner I'll move to deny the subdivision based on the fact that we have already denied the variance and this design will not be acceptable without the variance and I would also in my motion waive the additional review fees for a subsequent application.
10:54:39 AM Commissioner Murdock Second
10:54:45 AM   Board Discussion including Victoria Drummond, and Greg Sullivan.
10:56:17 AM Commissioner Skinner We have a motion on the table and I am going to amend my motion with the 90-day time limit, just so we can.
10:56:24 AM Commissioner Murdock And I will amend my second.
10:56:44 AM   Board Discussion/Findings including Victoria Drummond, Mark Chandler, and Greg Sullivan.
11:01:03 AM   Motion passed 2:1. Commissioner Murdock opposed.
11:01:08 AM   Discussion between the Commission and Greg Sullivan.
11:06:16 AM   There were no Pending Resolutions.
11:06:19 AM   Meeting Adjourned.