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Gallatin County Commission Meeting Minutes March 06, 2007
Description Gallatin County Commissioners' Journal No. March 6, 2007
Date 03/06/2007 Location County Commission
  
Time Speaker Note
9:03:37 AM Chairman Skinner Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Skinner, Murdock, and White, Deputy County Attorney Greg Sullivan and Acting Clerk to the Board Mary Miller. Various sections of the audio has static.
9:04:30 AM Chairman Skinner There was no public comments on any matters within the Commission's jurisdiction.
9:04:54 AM Commissioner White  Read the consent agenda as follows: 1. Approval of Claims 2. Consideration of a Request for Final Plat Approval for the River Run Meadows Minor Subdivision-pulled 3. Approval of Transfer of Budget Authority for a Correction of Eden System to the Actual Budget Document for the Copier Reserve Fund 4. Approval of Contract(s): Storage Space Lease with East Willson School for the County Attorney's Office and Amendment for Contract #2004-094 between Montana Department of Corrections and Gallatin County
9:05:48 AM   There was no public comment.
9:05:58 AM Commissioner Murdock Move to approve the consent agenda as read.
9:06:03 AM Commissioner White  Second
9:06:09 AM   Motion passed unanimously.
9:06:12 AM Chairman Skinner  Public Hearing and Decision on a Family Transfer Subdivision Exemption for Steinman
9:06:27 AM County Planner Tim Skop Staff report
9:08:05 AM   Discussion between Tim Skop and Deputy County Attorney Greg Sullivan
9:10:32 AM Brett Steinman Sworn in by Deputy County Attorney Greg Sullivan and testified under oath.
9:14:03 AM   Discussion between the Commission and Brett Steinman
9:15:11 AM Public comment Rick Gustine, Survco Surveying
9:15:46 AM   Discussion between Rick Gustine and Greg Sullivan
9:16:18 AM Commissioner Murdock Move to approve the family transfer exemption requested by the Steinmanns.
9:16:23 AM Commissioner White  Second
9:16:28 AM   Board discussion/Findings
9:17:24 AM   Motion passed 2:1. Chairman Skinner opposed.
9:17:35 AM Chairman Skinner Public Hearing and Decision on a Boundary Relocation Exemption from Subdivision Review Request for VanNoy/Winks
9:17:49 AM County Planner Tim Skop Staff report
9:19:08 AM   Discussion between the Commission, Tim Skop, and Deputy County Attorney Greg Sullivan
9:24:12 AM Ivene Van Noy Applicant comments, noting the staff report states Irene and the correct name is Ivene
9:24:57 AM   There was no public comment.
9:25:03 AM   Board discussion
9:25:14 AM Commissioner Murdock I would move to approve this relocation of common boundaries, I think it's a proper use of the exemption, I'm satisfied with the explanations and I don't see anything in the law that would prevent this and I don't see any indication of an intention to evade, so move to approve it.  
9:25:32 AM Commissioner White  Second
9:25:35 AM   Board discussion
9:26:28 AM   Motion passed unanimously.
9:26:51 AM Chairman Skinner Public Hearing and Decision on a Request for Preliminary Plat Approval for the Spring Creek Estates Major Subdivision
9:27:04 AM County Planner Christopher Scott Staff report, submitting written comment from Ray & Nancy Gant, labeled Exhibit A, Item #3. An error was noted in the staff report changing the stated density from 1.46 to .6 per acre. The Gallatin County Planning Board suggests condition #14 be deleted.
9:43:51 AM   Discussion between the Commission, Christopher Scott and Deputy County Attorney Greg Sullivan
10:02:38 AM Dennis Foreman, Gaston Engineering and Surveying Power Point presentation on behalf the applicant Ronald Laden
10:12:29 AM   Discussion between the Commission, Dennis Foreman, and Greg Sullivan
10:24:54 AM   Recess
10:32:55 AM   Reconvene to meeting.
10:33:02 AM Ron Laden Applicant presentation
10:35:51 AM   There was no public comment.
10:36:14 AM Road and Bridge Engineer George Durkin Comments
10:38:07 AM   Discussion between the Commission, George Durkin, and Greg Sullivan
10:39:37 AM   Closed public comment.
10:39:44 AM Dennis Foreman, Gaston Engineering and Surveying  Rebuttal
10:40:43 AM   Discussion between Dennis Foreman, Greg Sullivan, the Commission, Ron Laden, and Christopher Scott. Greg Sullivan suggests condition #35 is the same as #5, one can be deleted. Condition #39 and #32 can be deleted.
10:54:28 AM Commissioner White  I would put a motion on the table Mr. Chairman that regarding, I believe this is regarding suggested action #2 which pertains to condition #14, present condition that is listed it requires a dedicated right-of-way or public road easement to unsubdivided land to the south and west of this development for future road connections when if development occurs. I would make a motion to strike south and from condition #14. And I make that because of the physical conditions to the south of the subdivision I believe are impractical for, to require access from the south and that there's adequate public access that would be from the other access points and also to it part of the physical conditions very concerned about the ditch and interfering with the flow of the water in the ditch, so for that reason I wish to exclude the access from the south and but yet leave access to the west in the condition #14.
10:55:57 AM Commissioner Murdock I concur (Second)
10:55:59 AM   Board discussion including Greg Sullivan, Dennis Foreman, and George Durkin
11:04:41 AM Commissioner Murdock The second will gladly amend his second if you added language that would direct that this easement be lined up with the Wylie Creek stub off to the west and that it be built to a gravel standard.
11:04:54 AM Commissioner White Yes
11:04:57 AM Commissioner Murdock The motions been changed, so is the second.
11:05:00 AM   Board discussion including Greg Sullivan
11:05:38 AM   Motion passed unanimously.
11:05:41 AM   Board discussion including Greg Sullivan and Dennis Foreman
11:17:01 AM Deputy County Attorney Greg Sullivan Comments, in a motion just like you dealt with determination #2 is to wrap those what you want into one motion and then we can craft a condition to address the utility easement.
11:17:57 AM Chairman Skinner Is there a motion to do that?
11:18:09 AM Commissioner Murdock I'm moving to do what Greg just said.
11:18:14 AM Commissioner White  Second
11:18:20 AM   Board discussion including Christopher Scott and Greg Sullivan
11:19:12 AM   Motion passed unanimously.
11:19:16 AM   Board discussion including Greg Sullivan
11:24:17 AM Dennis Foreman, Gaston Engineering and Surveying Agreed to extension of 2 weeks  
11:25:00 AM   Board discussion including Christopher Scott, Greg Sullivan, and Dennis Foreman  
11:27:46 AM County Planner Christopher Scott Notes condition #35 and #5 are identical, suggests deleting condition #35
11:28:14 AM Chairman Skinner Continued until Wednesday, March 12, 2007.
11:28:33 AM Chairman Skinner Continuation of Public Hearing and Decision on a Request by C&H Engineering Regarding Preliminary Plat Approval for Golden Willow Major Subdivision
11:28:50 AM Belgrade City-County Planner Jason Karp Staff report, recommended amending the following conditions- #13, add a sentence at the end to read, "Traffic islands shall be approved by the fire department to comply with turning radius requirements", #14, add language in italics recommended by the Road Department as shown in staff report. Change #26 to read, "50 feet of Harper Pucket Road, west of the centerline shall be dedicated to the public along the entire width of the subdivision". Change condition #27 to read, "Water and sewer infrastructure improvements shall be installed for the subdivision. #35, add language in italics, #40, delete last part of condition as shown in staff report, add condition #41, as shown in staff report. Submitted applicants suggested changes to conditions labeled Exhibit A, Item #4
11:41:05 AM   Discussion between the Commission, Jason Karp, and Deputy County Attorney Greg Sullivan
11:45:15 AM Craig DelGrande Applicant presentation
11:47:13 AM   Discussion between Craig DelGrande, Greg Sullivan, and the Commission  
11:48:29 AM Craig DelGrande Continued presentation
11:50:13 AM   Discussion between the Commission, Craig DelGrande, and Neil Hosking, C&H Engineering and Surveying  
11:55:01 AM Public comment Assistant Chief Central Valley Fire Bryan Connelley
11:57:03 AM   Discussion and Questions
12:01:38 PM Road and Bridge Engineer George Durkin Comments
12:02:24 PM   Discussion and Questions
12:05:05 PM Craig DelGrande Rebuttal
12:08:09 PM   Board discussion
12:09:56 PM Commissioner White Comments, my motion would be to strike condition #39, and I think that's about all.
12:11:39 PM Chairman Skinner Second
12:11:42 PM   Board discussion including Greg Sullivan
12:12:42 PM   Motion defeated 2:1. Opposed Skinner and Murdock.
12:12:50 PM Commissioner Murdock I move that we approve this subdivision with the following conditions, one help me out here if I miss a couple, #1, #2, #3, #4, #5 think we added any covenants or amended them #6, #7 as written, #8, #9, #10, #11, #12, #13, #14 as written, #13 had a slight modification didn't it? Ok will I will include that modification that you read into the record #26 will be changed to 50 feet, #27 will be, were we going to strike #27? We're leaving the first sentence as amended with the first word water and then end after the period after the word phase, strike the rest, ok. Then I would suggest that we strike, we'll replace #35 in its entirety and simply add the language about waiving the right to protest the creation of various districts including sewer and water districts, comments. Leave 39 in there, leave #40 as changed excuse me, amend #40 to require a language something to the effect that not only will they connect to the Valley Grove Phase 4 sewer but they shall receive written approval from all appropriate entities including DEQ, County Health Department, and the Valley Grove Phase 4 Homeowners Association. And then on #41 I would amend it to say, "Concrete or other suitable all weather surface as determined by the developer and submitted to Jason in his infininate wisdom to approve or disapprove or modify.
12:15:27 PM   Discussion between the Commission and Greg Sullivan
12:16:47 PM Commissioner Murdock Motion to approve that we will amend #39 to have that language, which I don't have in front of me. Very long condition that Greg has somewhere.  
12:17:05 PM Deputy County Attorney Greg Sullivan It was condition #32 from Spring Creek Estates language, "Prior to final plat approval the subdivider shall submit evidence to Gallatin County physical availability water sufficient blah blah blah, so I think for your motion that might be enough to reference that language condition #32 from Spring Creek.
12:17:30 PM Commissioner Murdock So referenced.
12:17:33 PM Commissioner White  Second
12:17:38 PM   Board discussion including Jason Karp
12:18:26 PM Commissioner Murdock I will make an amendment to do that, to include the trail being built, not only on Wahoo Drive, but also Harper Puckett Drive and would it also be on Evening Star Lane, or not?
12:18:43 PM Belgrade City-County Planner Jason Karp There is no proposal for a trail along Evening Star Lane.
12:18:51 PM Commissioner White  Second
12:18:56 PM   Motion passed unanimously.
12:19:00 PM   Discussion between the Commission and Greg Sullivan
12:23:33 PM Belgrade City-County Planner Jason Karp Suggests condition #5(p), read as follows, "First floor elevation excluding basements for all buildings shall be greater than two feet above the Aajker Creek stream bank elevation."
12:24:37 PM   Discussion between the Commission and Jason Karp
12:25:18 PM Commissioner Murdock I will amend the motion to reflect that changed language.
12:25:21 PM Commissioner White Second
12:25:30 PM   Board discussion/Findings
12:26:23 PM   Motion passed unanimously.
12:26:27 PM   There were no Pending Resolutions.
12:26:30 PM   Meeting adjourned.