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Gallatin County Commission Meeting Minutes October 18, 2006
Description Gallatin County Commissioners' Journal No. October 18, 2006
Date 10/18/2006 Location County Commission
  
Time Speaker Note
1:38:28 PM Chairman Vincent Call to Order. Present were Commissioners Murdock, Skinner and Vincent, Deputy County Attorney Kate Dinwiddie and Acting Clerk to the Board Mary Miller.
1:38:48 PM Chairman Vincent There was no public comments on any matters within the Commission's jurisdiction.
1:39:05 PM Commissioner Murdock Read the consent agenda as follows: 1. Approval of Contract(s): Outdoor Maintenance Service, Inc - Snowplowing for RID 382; Wahl's Custom Excavating, LLP - Snowplowing for RID 372; OCR Excavating, Inc - Snowplowing for RID 336/344; Morrison Design and Landscaping - Snowplowing for RID 317/343; Big Horn Snow Removal - Snowplowing for RID 302; and Dan Marx - Snowplowing for RID 308/351/384 2. Decision on Final Plat Approval for the All West Business Park Minor Subdivision-moved to Regular Agenda for further discussion
1:40:26 PM   There was no public comment.
1:40:38 PM Commissioner Murdock Requested that the decision on Final Plat Approval for the All West Business Park Minor Subdivision be moved to the Regular Agenda for further discussion.
1:41:05 PM Commissioner Skinner I'll move to approve the consent agenda as amended.
1:41:08 PM Commissioner Murdock Second
1:41:11 PM   Motion passed unanimously.
1:41:13 PM Chairman Vincent Decision on Final Plat Approval for the All West Business Park Minor Subdivision
1:41:19 PM   Commission comments
1:41:48 PM Chairman Vincent Do we have a motion to grant final plat approval for the All West Business Park Minor Subdivision?
1:41:54 PM Commissioner Murdock So moved.
1:41:55 PM Commissioner Skinner Second
1:42:02 PM   Motion passed unanimously.
1:42:06 PM Chairman Vincent Discussion and Decision Regarding the Disposal of Surplus Property No Longer Necessary to Conduct County Business
1:42:34 PM County Auditor Jennifer Blossom Presentation
1:44:07 PM   There was no public comment.
1:44:19 PM Commissioner Skinner Move to approve the disposal of surplus property no longer necessary to conduct county business.
1:44:26 PM Commissioner Murdock Second
1:44:37 PM   Motion passed unanimously.
1:44:40 PM Chairman Vincent Public Hearing and Decision on the First Reading of a Speed Reduction Ordinance for South Third between Goldenstein Road and Nash Road
1:45:10 PM Chairman Vincent Read the ordinance.
1:48:00 PM Public comment Kristin Wilmer, Pam Shrauger, and Bud Chapman
1:55:02 PM Road and Bridge Superintendent Lee Provance Noted clerical error. Should read South Third Road, rather than South Third Avenue.
1:55:20 PM Deputy County Attorney Kate Dinwiddie Advice
1:55:27 PM Road and Bridge Superintendent Lee Provance Comments
1:56:00 PM   Closed public comment.
1:56:04 PM Commissioner Murdock I move that we approve Ordinance #2006-008.
1:56:10 PM Commissioner Skinner Second
1:56:16 PM   Board discussion
1:57:33 PM   Motion passed unanimously.
1:57:42 PM Chairman Vincent Public Hearing and Decision to Adopt Resolution to Transfer Ownership of McLeod Park from Gallatin County to the City of Bozeman
1:58:03 PM Deputy County Attorney Kate Dinwiddie on behalf of Open Lands Coordinator Mike Harris Comments
1:58:43 PM   There was no public comment.
1:58:59 PM Commissioner Murdock Comments, I'll move that we adopt Resolution #2006-012 (2006-112) which would transfer McLeod Park to the City of Bozeman.
1:59:49 PM Commissioner Skinner Second
2:00:08 PM   Motion passed unanimously.
2:00:17 PM Chairman Vincent Approval of Contract for Big Sky Community Corp Purchase of Parkland
2:00:31 PM Deputy County Attorney Kate Dinwiddie on behalf of Open Lands Coordinator Mike Harris Presentation
2:01:01 PM   There was no public comment.
2:01:22 PM Commissioner Skinner Move to approve the contract for the purchase of Big Sky Community Corp Parkland.
2:01:28 PM Commissioner Murdock Second
2:01:37 PM   Motion passed unanimously.
2:01:39 PM Chairman Vincent Public Hearing on the Donation of a Conservation Easement to the Montana Land Reliance from Bill Schwab
2:01:49 PM Deputy County Attorney Kate Dinwiddie on behalf of Open Lands Coordinator Mike Harris Presentation
2:02:16 PM   There was no public comment.
2:02:33 PM   No action taken.
2:02:43 PM Chairman Vincent Public Hearing on the Donation of a Conservation Easement to the Montana Land Reliance from Richard and Theresa Pew
2:02:53 PM Deputy County Attorney Kate Dinwiddie on behalf of Open Lands Coordinator Mike Harris Presentation
2:03:03 PM   There was no public comment.
2:03:17 PM   No action taken.
2:03:18 PM Chairman Vincent Public Hearing on the Donation of a Conservation Easement to the Montana Land Reliance for Ken and Shelly Williams
2:03:34 PM Deputy County Attorney Kate Dinwiddie on behalf of Open Lands Coordinator Mike Harris Presentation
2:03:44 PM   There was no public comment.
2:04:01 PM   No action taken.
2:04:12 PM Chairman Vincent Public Hearing and Consideration of Request for Final Release of Credit for the Zoning Improvements Agreement with Kevin Cook, Sentry Storage
2:04:22 PM County Planner Christopher Scott Staff report
2:05:34 PM   Discussion and Questions
2:06:24 PM   There was no public comment.
2:06:31 PM   Closed public comment.
2:06:36 PM Commissioner Skinner Finding that the improvements have been completed I would move to release give final release to the credit the zoning Improvements Agreement with Kevin Cook, Sentry Storage.
2:06:47 PM Commissioner Murdock Second
2:06:57 PM   Motion passed unanimously.
2:07:00 PM Chairman Vincent Public Hearing and Decision on a Request for Family Transfer Exemption for Suhr
2:07:09 PM County Planner Christopher Scott Staff report
2:09:19 PM Betty Lou Suhr Sworn in by Deputy County Attorney Kate Dinwiddie and testified under oath.
2:11:18 PM Public comment Toni Frost
2:12:11 PM   Closed public comment.
2:12:15 PM Commissioner Murdock I move that we approve this family transfer for the Suhrs', it's what the family transfers are for.  
2:12:22 PM Commissioner Skinner Second
2:12:25 PM   Board discussion/Findings including Kate Dinwiddie
2:12:54 PM   Motion passed unanimously.
2:13:01 PM Chairman Vincent Public Hearing and Decision Regarding on a Petition by the County Commission to the Montana DNRC for Proposed Rule-Making to Change the DNRC's Definition of "Combined Appropriation" as Defined in Section 36.12.101(14), A. R. M. (Final draft available from County Commission)
2:14:02 PM LWQD Manager Alan English Presentation, representing the Gallatin Water Resource Task Force, submitted memo labeled A, Item #10
2:23:23 PM   Discussion and Questions
2:25:42 PM Public comment Mick Seeburg, representing the Association of Gallatin Agricultural Irrigators, Kathy Gallagher, and Laura Ziemer on behalf of Trout Unlimited
2:35:26 PM   Closed public comment.
2:35:46 PM Commissioner Murdock I will move that we submit the petition as drafted and amended today well drafted for today to the DNRC for a proposed rule change.
2:36:02 PM Commissioner Skinner Second
2:36:06 PM   Board discussion
2:39:11 PM   Motion passed unanimously.
2:39:28 PM Chairman Vincent Public Hearing and Appeal and Decision Regarding an Encroachment Permit Application Denial for Pogue
2:39:57 PM Road and Bridge Superintendent Lee Provance Presentation
2:40:24 PM Attorney Christopher Gray Presentation on behalf of client's Jerry and Sheila Pogue, submitted packet including maps and pictures labeled Exhibit A, Item #11
2:49:58 PM Jerry Pogue Comments
2:57:09 PM   Discussion and Questions
2:57:57 PM Commissioner Murdock Comments
2:58:51 PM Road and Bridge Superintendent Lee Provance Comments
3:04:17 PM Attorney Christopher Gray Rebuttal
3:10:23 PM   Discussion and Questions
3:12:39 PM   Closed public comment.
3:12:45 PM Deputy County Attorney Kate Dinwiddie Comments
3:13:25 PM   Commission comments
3:14:18 PM Commissioner Murdock Move to approve the encroachment with the conditions attached that the Pogues be responsible for snow removal, culvert clogging, culvert clearing so it remains unclogged in the area, that they provide two safety easements, one for garbage collection and mail pick up and drop off and that they have a bear proof dumpster, these are just the notes I have and that they do this through granting an easement on their property for that area.  
3:14:58 PM Commissioner Skinner Second
3:15:03 PM   Board discussion including Kate Dinwiddie  
3:15:28 PM Commissioner Skinner Second
3:15:31 PM   Discussion between the Commission and Christopher Gray
3:16:00 PM Deputy County Attorney Greg Sullivan Comments
3:16:25 PM   Discussion between the Commission, Greg Sullivan, Christopher Gray, Kate Dinwiddie, and Lee Provance
3:24:56 PM Commissioner Murdock I would amend the motion to include 8 months from today to have the installation of the conditions physically completed.
3:25:11 PM Commissioner Skinner I'll amend my second.
3:25:23 PM   Motion passed unanimously.
3:25:28 PM Chairman Vincent Decision on Resolution Regarding Temporary Closure of Bear Canyon Public Right of Way Beyond Bear Canyon Ski Hill for DEQ Violation Mitigation Purposes (Hearing Held October 11, 2006)
3:26:01 PM Deputy County Attorney Greg Sullivan Comments
3:26:11 PM   Discussion and Questions
3:27:51 PM   There were no members present for public comment.
3:27:54 PM   Closed public comment.
3:27:57 PM Commissioner Skinner Move to approve Resolution #2006-113.
3:28:00 PM Commissioner Murdock Second
3:28:04 PM   Board discussion
3:28:25 PM   Motion passed unanimously.
3:28:27 PM Deputy County Attorney Kate Dinwiddie Noted she would provide the Commission with final version of Resolution #2006-112.
3:29:18 PM   There were no Pending Resolutions.
3:29:19 PM   Meeting adjourned.