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Gallatin County Commission Meeting Minutes February 06, 2007
Description Gallatin County Commissioners' Journal No. February 6, 2007
Date 02/06/2007 Location County Commission
  
Time Speaker Note
9:07:48 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. [Clerk Note: FTR Recorder not working accurately, so audio may be difficult to hear or understand.]
9:08:53 AM Chairman Skinner There was no public comments on any matters within the Commission's jurisdiction.
9:09:20 AM Clerk to the Board Stephanie Young Read the Consent Agenda as follows: 1) Approval of Claims, 2) Decision on a Lot Aggregation Exemption from Subdivision Review Request for Dawson
9:09:55 AM   There was no public comment.
9:10:05 AM Commissioner White I would like to make a motion to approve the consent agenda as read into record.
9:10:10 AM Commissioner Murdock Second
9:10:19 AM   Motion passed unanimously.
9:10:22 AM Chairman Skinner Receipt and Opening of Bids for 2007 Dust Control Application
9:10:46 AM Erin Howard, Road Department Opened bids as follows: 1) WE Dust Control 56 cents (per linear foot), 2) Melotz Trucking Inc 78 cents (per linear foot). All bids will reviewed and I will return tomorrow for a recommendation.
9:12:03 AM   Discussion and Questions
9:12:28 AM   There was no public comment.
9:12:38 AM Chairman Skinner
Public Hearing and Decision on a Request for Preliminary Plat Approval for the Amended Plat of Minor Subdivision No. 227 (28 North Subdivision) - has been pulled from the agenda.
9:12:47 AM Chairman Skinner
Public Hearing and Decision on a Request for Preliminary Plat Approval for the Far West Business Condominiums  
9:13:04 AM County Planner Randy Johnson, AICP Staff Report
9:20:14 AM   Discussion and Questions
9:26:49 AM Catherine Koenen, Gaston Engineering Comments on behalf of the applicant; Doug Smith
9:28:15 AM   Discussion and Questions
9:28:58 AM Public Comment David Penwell spoke on behalf of Don Hargrove.
9:37:44 AM   Discussion between the Commission, David Penwell, and Deputy County Attorney Greg Sullivan
9:40:06 AM Public Comment Tammey Carpitcher
9:44:10 AM   Discussion and Questions
9:44:38 AM Public Comment Clarisse Roos
9:46:57 AM   Discussion and Questions
9:47:58 AM Catherine Koenen, Gaston Engineering Rebuttal
9:50:07 AM   Discussion and Questions
9:52:30 AM Chairman Skinner Comments
9:52:41 AM Dennis Foreman, Gaston Engineering Rebuttal  
9:54:39 AM   Board discussion including Deputy County Attorney Greg Sullivan, and County Planner Randy Johnson
10:06:56 AM Commissioner Murdock I move that we deny this subdivison.
10:06:59 AM Commissioner White  Second
10:07:15 AM   Board Discussion including Greg Sullivan
10:10:11 AM   Motion denied 2:1. Chairman Skinner opposed.
10:10:30 AM Chairman Skinner Comments
10:10:40 AM Dennis Foreman, Gaston Engineering Comments
10:11:14 AM   Discussion and Questions
10:11:47 AM   Recess
10:21:17 AM Chairman Skinner Reconvene to meeting. Public Hearing and Decision on a Resolution Adopting a Zone Map Amendment to Change the Zoning of a 3.28 acre Parcel in the Gallatin County/Bozeman Area Zoning District from Agricultural Suburban to Light Manufacturing for Mark & Trisha Easton
10:21:39 AM County Planner Tim Skop Staff Report
10:23:01 AM   Discussion and Questions
10:23:34 AM   There was no public comment.
10:23:41 AM   Board Discussion
10:23:59 AM Commissioner White  I would entertain a motion to approve a Resolution #2007-009.  
10:24:11 AM   Discussion between the Commission and Deputy County Attorney Greg Sullivan.
10:25:07 AM Chairman Skinner Second
10:25:12 AM   Motion passed 2:1. Commissioner Murdock opposed.
10:25:24 AM Chairman Skinner Public Hearing and Decision on a Resolution of Intent to Amend the Gallatin County Growth Policy and the 2005 Gallatin County/Bozeman Area Master Plan Through Adoption of the Gooch Hill West Neighborhood Plan and Map
10:25:51 AM County Planner Warren Vaughan Staff Report, submitted an addendum to the staff report, dated February 6, 2007, Gooch Hill West Neighborhood Plan Staff Report, labeled Exhibit A, Item #5, and read an e-mail from Doug McSpadden, dated February 6, 2007 labeled Exhibit B, Item #5 and a letter from Jason Delmue, dated February 5, 2007 into the record, labeled Exhibits C, Item #5.
10:34:50 AM   Discussion and Questions
10:39:09 AM Dale Beland, AICP, Hyalite Engineers Presentation/PowerPoint on behalf of applicants; Gene & Kevin Cook, and Cook/Lehrkind Trust
11:07:50 AM   Discussion and Questions
11:09:03 AM Public Comment Ted Lange, Gallatin Valley Land Trust, Donna Chimera, Tom Starner, Kevin Cook, Shawn Moran, Greg Neal, Gene Cook, and Shawn Moran spoke again in regards to a map that was provided to note the land owner's who are attending meetings of the Gooch Hill West Neighborhood plan.
11:35:16 AM Ted Lange, Gallatin Valley Land Trust Submitted a soils map from Natural Resources & Conservation Service for the Gooch Hill West area, labeled Exhibit D, Item #5.
11:35:40 AM   Discussion between the Commission and Dale Beland
11:49:54 AM Deputy County Attorney Greg Sullivan Clarification provided to the commission in regards to zoning and the Implementation Program.
11:50:47 AM Dale Beland, AICP, Hyalite Engineers Comments  
11:52:09 AM   Discussion between the Commission, Greg Sullivan, Dale Beland, and Warren Vaughan
11:58:32 AM Commissioner White  I would make a motion that we adopt or approve a resolution of intent to adopt the Gooch Hill West Neighborhood Plan and map as an amendment of the Growth policy Bozeman Area Master Plan and Master plan map, (Do you want to include those changes in your motions?) with the changes that we just discussed with Warren, I guess, pertaining to the TDR's, and the trails, (what was the other? agriculture), and agricultural.  
11:59:16 AM Chairman Skinner Could you be more specific before a second on the language about trails, because that wasn't addressed by Dale Beland memo that is something the applicant hasn't agreed to. The trails that GVLT is suggesting has not been agreed to by the applicants. So do you want to put their language in, or their amendment, their amending language, on page 3 of Ted's letter exhibit F.
11:59:44 AM County Planner Warren Vaughan Take a look at their exhibit, I think it's "F" in your staff report. It's fairly simple changes, basically just replacing some words, deleting the word trails and adding the word infastructure just to have more options on the table for folks.
12:00:23 PM Commissioner White  Could I include the proposed amendments per the letter by Ted Lange in exhibit F, as part of my motion.
12:00:39 PM Chairman Skinner Okay, so you want to include all the proposed amendments from GVLT.  
12:00:39 PM Commissioner White Yes
12:00:43 PM County Planner Warren Vaughan For the trails, cause he's got a two part.
12:00:46 PM Commissioner White Right, trails and agricultural lands.
12:00:53 PM County Planner Warren Vaughan Okay, not to make this confusing but as far as the ag land language goes, we've got two proposals on the table, one that's by Ted Lange and one that's the last exhibit in your staff report by Dale Beland, and those are similar but not exactly the same.
12:01:52 PM Commissioner White  The language that I would support and add to my motion is the language that's in exhibit H (Staff Report), pertains to Section 1, page 3.15 (Notwithstanding these factors which favor development, individual landowners retain the right to continue farming prime agriculture soils within the Plan Area. Future development will be required to minimize impacts on agriculture operations.), and then also there's another, a #2 (Much of the land within the Plan Area has been or is currently used for agriculture) and those two would be added.
12:02:32 PM Chairman Skinner
Okay that's addressing the agricultural language, do you want to do anything addressing the trails? (No). So I think and tell me if I am wrong Commissioner White, but I think we have a motion to approve Resolution #2007-010, including TDR language, an amendment including TDR language an amendment consistent with addendum or exhibit H, addressing agricultural land.
12:03:08 PM Commissioner Murdock I'll second it, I think I've already stated because of the commerical that's a deal breaker for me, but I will second the motion.
12:03:18 PM Deputy County Attorney Greg Sullivan I just wanted to make sure that in your, when you reiterated the motion that you included exhibit F GVLT's trail language, I didn't catch that when you had gone back and explained the motion again.
12:03:29 PM Chairman Skinner I think Commissioner White didn't? (I thought he did) Did you want exhibit F, in there?  
12:03:38 PM Commissioner White Well youv'e got two exhibit F's really, for the trail language exhibit F and for ag (agriculture) exhibit H.
12:03:46 PM Chairman Skinner So your including both of those in your motion.  
12:03:51 PM Commissioner White Yes, and then the only thing I'm not clear of, that I didn't include in my motion is the percise language addressing the TDRs, but you made reference to something else.  
12:04:03 PM Deputy County Attorney Greg Sullivan I think your motion was adequate given the dicussion that was put on the record by Commissioner's Murdock and Skinner, regarding what type of language they would like to see and potentially where that language would come from, so I think between staff and the applicant they can work that language out.
12:04:19 PM   Discussion between the Commission, Warren Vaughan, and Greg Sullivan
12:04:42 PM Commissioner White  Further clarity for record, the staff report addendum that we're talking about is dated February 6, 2007 and it's the map that is on page 3. Those are the map boundaries that we are using for the Gooch Hill Neighborhood Plan, I think that concludes my motion.
12:05:03 PM Chairman Skinner And it's been seconded, is that what the second understands. I'd just like one little bit of further clarification. You're amending your motion is suggesting the trail language from exhibit F to be included.
12:05:25 PM Commissioner White  Yes
12:05:31 PM   Board Discussion
12:06:08 PM   Motion passed 2:1. Commissioner Murdock opposed.
12:06:16 PM Deputy County Attorney Greg Sullivan Noted that the final resolution will be in front of the commission on February 27th, 2007, and the proposed amendments.  
12:06:41 PM County Planner Warren Vaughan Stated that he will have the proposed amendments available by the end of the week.
12:06:50 PM Chairman Skinner
Public Hearing and Decision Regarding a Resolution to Adopt the Belgrade Area Growth Policy
12:07:09 PM Belgrade City-County Planner Jason Karp Presentation
12:10:01 PM   There was no public to comment.
12:10:13 PM Belgrade City-County Planner Jason Karp Comment
12:10:22 PM   Discussion and Questions
12:11:38 PM Commissioner Murdock I think that are concerns have been included now and it's a good plan, so I would move that we approve the Belgrade Area Growth Policy. (Resolution #2007-011)
12:11:50 PM Commissioner White Second
12:11:59 PM   Motion passed unanimously.
12:12:03 PM   There were no Pending Resolutions.
12:12:05 PM   Meeting Adjourned.