Description Gallatin County Commissioners' Journal No. January 2, 2007
Date 01/02/2007 Location County Commission
Time Speaker Note
9:03:37 AM Chairman Skinner Call to Order. Present were Commissioners Skinner, Murdock, and White, Deputy County Attorney Greg Sullivan and Acting Clerk to the Board Stephanie Young.
9:03:46 AM Chairman Skinner Announcement: Welcomed Commissioner White to the Commission.
9:03:53 AM Commission Comments
9:03:54 AM Commissioner Murdock Comments, If I am not out of order, I would like to nominate Joe Skinner as chair for the year of 2007 for the County Commission.
9:04:07 AM Commissioner White Second
9:04:18 AM There was no public comment.
9:04:25 AM Board Discussion
9:04:43 AM Motion passed unanimously.
9:04:45 AM Chairman Skinner Comments, Moment of Silence, and Pledge of Allegiance.
9:05:57 AM Chairman Skinner There was no public comments on any matters within the Commission's jurisdiction.
9:06:21 AM Commissioner Murdock Requests to pull consent agenda Item #3: Decision Regarding a Common Boundary Relocation Exemption Request from Rabel/Albini - pulled from agenda and continued for 1 week.
9:06:41 AM Deputy County Attorney Greg Sullivan Stated that January 9, 2007 is open for consideration of this agenda item.
9:06:47 AM Commissioner Murdock Comments
9:07:01 AM Chairman Skinner Noted that this agenda item will be pulled for continuation on January 9, 2007.
9:07:11 AM Clerk to the Board Stephanie Young Read the Consent Agenda as follows: 1) Approval of Claims; 2) Approval of Budget Transfer for Search and Rescue ($2,000) for Computer; 3) Decision Regarding a Common Boundary Relocation Exemption Request from Rabel/Albini -continued for January 9, 2007.
9:07:51 AM There was no public comment.
9:08:02 AM Commissioner White I would make a motion to approve the consent agenda as read into record
9:08:06 AM Commissioner Murdock Second
9:08:11 AM Motion passed unanimously.
9:08:14 AM Chairman Skinner Public Hearing and Decision on a Family Transfer Subdivision Exemption for Altman
9:08:27 AM County Planner Warren Vaughan Staff Report
9:12:06 AM Discussion and Questions
9:12:24 AM Chairman Skinner Confirmed applicant, Scott and Pamela Altman, was aware they would be testifying under oath.
9:12:33 AM Deputy County Attorney Greg Sullivan Comments
9:12:43 AM Clint Litle, HKM Engineering Comments on behalf of applicants; Scott and Pamela Altman
9:13:22 AM Scott and Pamela Altman Sworn in by Deputy County Attorney Greg Sullivan and testified under oath.
9:16:38 AM Discussion between the Commission and Scott and Pamela Altman.
9:18:25 AM Public Comment Bill Dreyer, HKM Engineering
9:21:21 AM Commission comments
9:21:45 AM Commissioner White I'd like to make a motion that we approve the tract of land, transfer the pursuant to (MCA) 76-3-207(1(b)) and that we give approval to Scott and Pamela Altman.
9:22:06 AM Commissioner Murdock Second
9:22:11 AM Board Discussion
9:24:21 AM Motion passed 2:1. Chairman Skinner opposed.
9:24:41 AM Chairman Skinner Public Hearing and Decision on a Family Transfer Subdivision Exemption for Essex
9:24:49 AM Belgrade City-County Planner Heidi Jensen Presentation
9:26:04 AM Chairman Skinner Confirmed applicant, Leslie Essex, was aware he would be testifying under oath.
9:26:11 AM Leslie Essex Sworn in by Deputy County Attorney Greg Sullivan and testified under oath.
9:28:43 AM Deputy County Attorney Greg Sullivan Comments
9:28:48 AM Darlene Essex Sworn in by Deputy County Attorney Greg Sullivan and testified under oath.
9:32:28 AM Public Comment Dave Albert, Stahyl Engineering
9:33:47 AM Deputy County Attorney Greg Sullivan Advice
9:34:40 AM Board Discussion
9:35:01 AM Commissioner Murdock I think based on the testimony that we've heard this is a proper use of the exemption per our sub regs and the law.
9:35:10 AM Commissioner White Second
9:35:20 AM Motion passed unanimously.
9:35:28 AM Chairman Skinner Public Hearing and Decision Regarding a Request to Delete Condition 5F of the Findings of Fact and Order for the Claire Major Subdivision that Requires Joining the High K Homeowners Association
9:35:46 AM Belgrade City-County Planner Jason Karp Presentation
9:41:47 AM Discussion between Deputy County Attorney Greg Sullivan, Jason Karp, and the Commission.
9:49:33 AM Mark Chandler, C&H Engineering Presentation on behalf of applicants; Jeffrey and Joseph Claire, submitted 3 maps: 1) Royal K Minor Subdivision, 2) High K Major Subdivision, and 3) Road plan map for these subdivisions, all labeled Exhibit A, Item #3.
9:53:04 AM There was no public comment.
9:53:13 AM Board Discussion
9:53:18 AM Commissioner Murdock Made a determination that 5(f) could be deleted from the findings of fact and orders as conditions 5(e) and 5(h) accomplish the same thing.
9:53:59 AM Commissioner Murdock I would move that we approve the change finding that it is the public interest and totally consistent with everything else we've done with this subdivision approval.
9:54:08 AM Commissioner White Second
9:54:18 AM Motion passed unanimously.
9:54:21 AM Recess
10:05:36 AM Chairman Skinner Reconvene to meeting. Continuation of Public Hearing and Decision on a Request by Oakwood Properties, LLC for a Conditional Use Permit for a Subdivision within the East Gallatin Zoning District located in the Belgrade City/County Planning Jurisdiction
10:05:59 AM Belgrade City-County Planner Heidi Jensen Presentation, submitted a letter from David B. King, labeled Exhibit A, Item #4.
10:10:29 AM Discussion and Questions
10:10:50 AM Joby Sabol, Attorney Comments on behalf of the applicant; Oakwood Properties, LLC.
10:15:42 AM Discussion and Questions
10:18:54 AM Dennis Foreman, Gaston Engineering Presentation/PowerPoint
10:23:51 AM Discussion and Questions
10:25:23 AM Tom Waliniki, Independant Wildlife Biologist Presentation/PowerPoint
10:27:20 AM Joby Sabol, Attorney Comments on behalf of applicant; Oakwood Properties, LLC.
10:30:37 AM Discussion between the Commission, Heidi Jensen, and Deputy County Attorney Greg Sullivan.
10:40:09 AM Public Comment David King, Lowell Springer, Rod Kline, Valerie Drake, and John Glover
11:02:21 AM Closed public comment.
11:02:23 AM Joby Sabol, Attorney Rebuttal
11:07:14 AM Kelly Taylor, Oakwood Properties, LLC Applicant comments
11:12:43 AM Board Discussion including Joby Sabol, Dennis Foreman, Gaston Engineering, and Greg Sullivan
11:31:09 AM Commissioner Murdock I am going to move that we approve the CUP, with the conditions as presented by staff and an additional condition that would be worded something to the affect of what I already stated Greg and that is as follows: "Approval of this CUP shall be for up to a maximum of 47 lots, reductions of the lots from this maximum may be required at the point of subdivision approval based on the primary criteria mitigations that might be required."
11:31:43 AM Commissioner White Second
11:31:50 AM Motion passed unanimously.
11:32:01 AM Recess
11:45:21 AM Chairman Skinner Reconvene to meeting. Public Hearing and Decision on a Request for Preliminary Plat Approval and Variance Request from Section 7 F.3 of the Subdivision Regulations (paving access road) for the Eiden Minor Subdivision
11:45:43 AM County Planner Christopher Scott Staff Report, submitted preliminary plat application package from TD&H Engineering, labeled Exhibit A, Item #5.
11:56:33 AM Discussion and Questions
11:58:32 AM Jim Pierce, TD&H Engineering Comments on behalf of applicants; Kenneth and Holly Eiden.
11:58:53 AM Discussion between the Commission, Jim Pierce, and Christopher Scott.
12:00:59 PM Public Comment George Durkin
12:03:17 PM Discussion between the Commission, George Durkin, and Deputy County Attorney Greg Sullivan
12:06:46 PM Holly Eiden Applicant comments
12:09:28 PM Public Comment George Durkin
12:10:45 PM Chairman Skinner Comments
12:10:57 PM Commissioner Murdock I move that we approve the variance to the paving requirement, comments.
12:11:09 PM Commissioner White Second
12:11:13 PM Board Discussion/Findings including Greg Sullivan
12:17:18 PM Motion passed unanimously.
12:17:22 PM Chairman Skinner Comments
12:17:37 PM Deputy County Attorney Greg Sullivan Advise commission that granting of the variance will require eliminating condition #10.
12:18:17 PM Commissioner Murdock I move that we approve the subdivision as proposed with the conditions as written by staff and eliminating condition #10, and the addition to condition #1. I'm looking for the covenants here, (covenant) 20 adding (h),(i), (j) adding condition 20(j), which would prohibit further subdivision of the parcels without consent of the governing body.
12:18:58 PM Commissioner White Second
12:19:03 PM County Planner Christopher Scott Stated that we will make this condition 20(i) and existing condition 20(i) will now be 20(j).
12:19:30 PM Comments
12:19:45 PM Board Discussion/Findings
12:20:17 PM Motion passed unanimously.
12:20:34 PM Chairman Skinner Public Hearing and Decision on a Resolution of the Gallatin County Commission Amending the Gallatin Canyon/Big Sky Zoning Regulation, relating to the following uses and sections: Home Occupations (Sect. 29.6); Accessory Structures (Sect 29.1); Gambling Establishments (Sect. 19 & 23); and Heliports and Helistops (Sects. 6, 7-19, 21.B, 22, 25, & 29) (Public Hearing with the Gallatin Canyon/Big Sky Planning and Zoning Commission Held December 14, 2006)
12:21:10 PM County Planner Warren Vaughan Staff Report, submitted Gallatin Canyon/Big Sky Zoning District Findings of Fact & Order, labeled Exhibit A, Item #6.
12:22:29 PM Commissioner White Requests to recuse himself from voting on this matter.
12:22:50 PM Chairman Skinner There was no public to comment.
12:22:56 PM Commissioner Murdock Move to approve Resolution #2007-001.
12:23:03 PM Chairman Skinner Second
12:23:09 PM Motion passed 2:0, Commissioner White recused.
12:23:14 PM There were no Pending Resolutions.
12:23:16 PM Meeting Adjourned.
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