Description Gallatin County Commissioners' Journal No. October 17, 2006
Date 10/17/2006 Location County Commission
Time Speaker Note
9:03:35 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.
9:04:19 AM Chairman Vincent Bresnan Communications will be televising the County Commission Meetings on Tuesdays and Wednesdays of each week on Channel 20.
9:04:31 AM Chairman Vincent There was no public comments on any matters within the Commission's jurisdiction.
9:04:50 AM Commissioner Skinner Read the consent agenda as follows: 1. Approval of Claims 2. Approval of Contract(s): Contract with MBCC for Funding of Misdemeanor Probation-Domestic Violence Program ($30,000 Grant with Local Match of $49,467) 3. Approval of Asset Trade-In of 1997 Van (Detention Center) $1,000 Value for Purchase of New Van in Amount of $16,000 4. Decision Regarding a Request for Final Plat Approval of the Houdashelt Subsequent Minor Subdivision 5. Decision Regarding a Request for Final Plat Approval for the Lost Trail Subsequent Minor Subdivision
9:06:00 AM There was no public comment.
9:06:11 AM Commissioner Murdock Move to approve the consent agenda as read.
9:06:15 AM Commissioner Skinner Second
9:06:20 AM Motion passed unanimously.
9:06:24 AM Chairman Vincent Public Hearing and Decision on a Resolution Fixing the Tax Levy Required by the Gallatin County Schools for all Elementary and High School District Mill Levies to Support the Approved Budgets as Presented by the County Superintendent of Schools, Pursuant to Section 20-9-142 MCA
9:06:50 AM Superintendent of Schools Mary Ellen Fitzgerald Presentation
9:07:47 AM Discussion and Questions
9:08:22 AM There was no public comment.
9:08:39 AM Closed public comment.
9:08:42 AM Commissioner Skinner Move to approve Resolution #2006-110.
9:08:44 AM Commissioner Murdock Second
9:08:53 AM Motion passed unanimously.
9:08:59 AM Chairman Vincent Public Hearing and Decision on a Resolution Correcting Page 21 of Resolution 2006-080 to Include Four New Rural Improvement Districts, Andesite RID 387, Evergreen RID 388, Bear Creek RID 391, and Alder Court RID 392
9:09:31 AM Finance Budget Coordinator Linda Leening Presentation
9:10:27 AM Discussion and Questions
9:10:58 AM There was no public comment.
9:11:17 AM Commissioner Murdock Comments, I would move that we approve the Resolution #2006-111.
9:11:29 AM Commissioner Skinner Second
9:11:37 AM Motion passed unanimously.
9:11:41 AM Chairman Vincent Receipt of Petition to Create a Water and Sewer District in the Hebgen Lake Estates Subdivision and Additional Adjacent Properties to be known as the "Hebgen Lake Estates County Water and Sewer District."
9:11:58 AM Clerk and Recorder Shelley Vance Presentation
9:14:45 AM Discussion and Questions
9:16:00 AM There was no public comment.
9:16:50 AM Closed public comment.
9:16:55 AM Commissioner Skinner I'll move the Commission accepts this petition and sets the public hearing for October 31.
9:17:03 AM Commissioner Murdock Second
9:17:14 AM Motion passed unanimously.
9:19:29 AM Chairman Vincent Announced reconsideration of the prior motion and set the public hearing date of November 14, 2006.
9:19:55 AM Commissioner Murdock Move to set the date for the hearing to create the Hebgen Lake Sewer and Water District, comments, to set it for November 14th.
9:20:11 AM Commissioner Skinner Second
9:20:40 AM Motion passed unanimously.
9:20:45 AM Chairman Vincent Public Hearing, Consideration and Decision for the Final Approval of the Purchase of Development Rights on the Bozeman Pass/Frog Rock Conservation Project
9:21:10 AM Open Lands Board Coordinator Mike Harris PowerPoint Presentation
9:26:21 AM Discussion and Questions
9:27:53 AM There was no public comment.
9:28:02 AM Discussion between the Commission and Mike Harris
9:30:29 AM Commissioner Skinner I'm going to move to put the staff report into the record and also approve the expenditure of $800,000 of Open Space Bond money for the Hugo Schmidt conservation easement subject to the conditions in the staff report.
9:30:48 AM Commissioner Murdock Second
9:30:57 AM Board discussion including Mike Harris
9:34:14 AM Motion passed unanimously.
9:34:21 AM Chairman Vincent Public Hearing and Decision on a Request for Preliminary Plat Approval for the Amended Plat of Minor Subdivision No. 78 (Chickadee Ridge II), Including a Decision on a Request for Variances From the Fire Protection Requirements (Section 6.E) and Road Design Standards (Section 7.F And 7.G.) of the Gallatin County Subdivision Regulations
9:34:50 AM Chairman Vincent Recess
9:41:13 AM Chairman Vincent Reconvene to meeting.
9:41:23 AM County Planner Randy Johnson Staff report and PowerPoint Presentation
10:01:23 AM Discussion and Questions
10:07:50 AM Susan Hellier Applicant presentation
10:12:11 AM Discussion between the Commission, Susan Hellier, and Randy Johnson
10:16:45 AM Road and Bridge Engineer George Durkin Comments
10:17:39 AM Discussion and Questions
10:19:42 AM There was no public comment.
10:20:14 AM Susan Hellier Rebuttal
10:20:41 AM Closed public comment.
10:20:46 AM Commissioner Murdock I am going to, for the purposes of discussion move that we grant variance request number one, which is a variance from Section 7 of the Sub Regs regarding County Road Standard Access to lot 2.
10:20:58 AM Commissioner Skinner Second
10:21:01 AM Board discussion/Findings
10:24:00 AM Motion passed unanimously.
10:24:01 AM Commissioner Murdock For the purposes of discussion, I move that we approve variance request number two, which is a variance from Section 6.E(5) of the Sub Regs regarding water supply for fire protection.
10:24:14 AM Commissioner Skinner Second
10:24:23 AM Board discussion/Findings including Randy Johnson and Susan Hellier
10:28:29 AM Commissioner Skinner Grant the variance with the condition that interior sprinklers will be used on any new structure and that fire resistant materials will be used on the outside of any new structures.
10:28:43 AM Commission comments
10:28:49 AM Commissioner Murdock Then I will amend my motion to condition that, worded that way.
10:28:54 AM County Attorney Greg Sullivan Advice
10:29:00 AM Discussion and Questions
10:29:29 AM Motion passed unanimously.
10:29:32 AM Commissioner Murdock I move that we approve the subdivision with the conditions presented by staff with the following amendments.
10:29:43 AM County Planner Randy Johnson Oh, I'll help you on those amendments
10:29:46 AM Commissioner Murdock Well, one of them is going to be regarding what we just discussed, what Greg suggested adding a condition that all new structures be sprinklered in the covenants, and the fire resistant materials on the exterior, comments, because we've got all kinds conditions that now have to be changed based on the variances especially the roads. I think 3 would either go away.
10:30:39 AM County Planner Randy Johnson I'll go through those, 3, 4, 5, 6, 7, 8, you may want to leave 9, comments, 10 you probably don't need because there's no road construction.
10:31:16 AM Discussion between the Commission, Randy Johnson, and Susan Hellier
10:33:13 AM County Attorney Greg Sullivan Comments and Advice
10:34:25 AM Discussion between Greg Sullivan and Randy Johnson
10:35:13 AM County Attorney Greg Sullivan Advice
10:35:20 AM County Planner Randy Johnson Comments
10:35:37 AM County Attorney Greg Sullivan Advice
10:36:49 AM Discussion between the Commission and Greg Sullivan
10:37:00 AM County Planner Randy Johnson Comments, we'll have to change #14 to say: Covenants for the subdivision shall include the following and shall be shown on the final plat.
10:37:21 AM Discussion between the Commission, Susan Hellier, Greg Sullivan, and Randy Johnson
10:40:46 AM Commissioner Murdock According to Greg we don't have to require condition #13, comments.
10:41:00 AM County Attorney Greg Sullivan I would recommend that you add a new covenant (r) in condition #14 that reflects the standard fire protection covenant for sprinkling.
10:41:16 AM Discussion between the Commission, and Randy Johnson
10:42:45 AM County Attorney Greg Sullivan Advice
10:42:59 AM Commissioner Murdock Then we'll leave19, 20, 21, and 22 as written in the staff report.
10:43:04 AM Discussion between the Commission, Greg Sullivan, and Susan Hellier
10:43:46 AM County Planner Randy Johnson You deleted condition #12?
10:43:49 AM Commissioner Murdock Yes, and we've added a new #14(r).
10:43:57 AM Discussion between Commission, Susan Hellier, and Greg Sullivan
10:45:14 AM County Attorney Greg Sullivan You want that another covenant in there which would be (s) you can add that: Class A roofing materials and all exterior materials on any building shall be Class A.
10:45:28 AM County Planner Randy Johnson It's in there right now under (e). And then we'd say all new structures and then if you look at (f), (g), (h), (i), and (j) that can apply to the existing structures, comments. Is that a problem to apply that to the existing structure?
10:46:06 AM Susan Hellier Yes
10:46:10 AM County Planner Randy Johnson Then that will only have to apply to a new structure then. And then how about (g), comments, does it apply to the existing structure?
10:46:31 AM Commissioner Murdock No, none of this applies to the existing structure.
10:46:47 AM Commissioner Skinner Comments, second.
10:46:53 AM County Planner Randy Johnson Discussion between the Commission and Randy Johnson
10:47:19 AM Commissioner Murdock Randy just put up top of that some wording to the effect that, "Applicable to new structures only".
10:47:25 AM Discussion between the Commission, Randy Johnson, and Susan Hellier
10:48:13 AM County Planner Randy Johnson Why don't you just eliminate it? (Covenant (j)).
10:48:15 AM Commissioner Murdock Yeah, let's eliminate it, comments.
10:48:28 AM Discussion between the Commission, Greg Sullivan, and Susan Hellier
10:48:46 AM Commissioner Murdock Add language on face of plat to read: Subdivision of lots 1 and 2 shall be prohibited.
10:48:55 AM Board discussion/Findings
10:50:15 AM Motion passed unanimously.
10:50:20 AM There were no Pending Resolutions.
10:50:25 AM Meeting adjourned.
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