Description Gallatin County Commissioners' Journal No. April 25, 2007
Date 04/25/2007 Location County Commission
Time Speaker Note
1:32:54 PM Chairman Skinner Call to Order. Present were Commissioners Skinner, and White, Deputy County Attorney Kate Dinwiddie and Acting Clerk to the Board Mary Miller. Commissioner Murdock was excused.
1:33:04 PM Chairman Skinner There was no public comments on any matters within the Commission's jurisdiction.
1:33:22 PM Acting Clerk to the Board Mary Miller Read the consent agenda as follows: 1. Review and Approval of Minutes for April 17 & 18, 2007 2. Approval of Order to Transfer Funds in the Amount of $75,000 from the Open Space Bond Fund for the Purchase of Bonn Park 3. Decision to Transfer Funds of Budget for Fairgrounds in the Amount of $6,800 to Cover Expenses of Construction Costs that Exceeded Budgeted Amount (Work Agreement with Toledo & Sons) 4. Decision to Transfer Funds within the GIS and Planning Department Budgets to Implement Approved Wage Increase for Shared Position
1:33:57 PM There was no public comment.
1:34:07 PM Commissioner White I would make a motion to approve the consent agenda as read into record.
1:34:12 PM Chairman Skinner Second
1:34:17 PM Motion passed unanimously.
1:34:20 PM Chairman Skinner Board Appointments:
1:34:30 PM Commissioner White Gallatin Drive Mosquito District
1:34:52 PM There was no public comment.
1:35:01 PM Commissioner White I would make a motion that Bob Dehlendorf be appointed to replace the resignation of George DeBelly.
1:35:07 PM Chairman Skinner Second
1:35:12 PM Motion passed unanimously.
1:35:17 PM Chairman Skinner West Yellowstone/Hebgen Basin Refuse District #2
1:35:48 PM There was no public comment.
1:35:56 PM Commissioner White I would make a motion to appoint Lee Andreas to the West Yellowstone/Hebgen Lake Basin Refuse District #2.
1:36:06 PM Chairman Skinner Second
1:36:09 PM Motion passed unanimously.
1:36:20 PM Commissioner White Gallatin County/Bozeman Area ("Donut") Zoning District Board of Adjustment- no applications
1:36:32 PM Commissioner White East Gallatin Zoning District Board of Adjustment- no applications
1:36:53 PM Commissioner White South Canyon Cottonwood Zoning District Board of Adjustment- no applications
1:37:16 PM Commissioner White Belgrade City-County Planning Board (County At-Large Representative)- no applications
1:37:37 PM No action taken.
1:37:40 PM Commission comments
1:39:33 PM Chairman Skinner Public Hearing and Decision on a Resolution of Road Name Change in Gallatin County (Un-named Road off Logan Trident Road to LC Ranch Road)
1:39:52 PM GIS Coordinator Allen Armstrong Presentation
1:40:33 PM There was no public comment.
1:40:42 PM Commissioner White Comments, I would make a motion to approve the resolution. (#2007-048)
1:41:02 PM Chairman Skinner Second
1:41:07 PM Motion passed unanimously.
1:41:12 PM Chairman Skinner Public Hearing and Decision on a Resolution of Road Name Change in Gallatin County (Un-named Road off Axtell Anceney Road to Spur Cross Road)
1:41:22 PM GIS Coordinator Allen Armstrong Presentation
1:41:44 PM There was no public comment.
1:41:55 PM Commissioner White I would make a motion for the adoption of Resolution #2007-049.
1:42:02 PM Chairman Skinner Second
1:42:06 PM Motion passed unanimously.
1:42:17 PM Chairman Skinner Public Hearing and Decision on a Resolution to Authorize Reapplication to the Community Development Block Grant (CDBG) on Behalf of the Rae Subdivision County Water and Sewer District
1:42:33 PM Grants Administrator Larry Watson Presentation
1:43:46 PM Discussion and Questions
1:45:16 PM There was no public comment.
1:45:26 PM Commissioner White I would make a motion for the approval of Resolution #2007-050.
1:45:33 PM Chairman Skinner Second
1:45:38 PM Motion passed unanimously.
1:45:45 PM Chairman Skinner Public Hearing and Decision on a Family Transfer Exemption from Subdivision Review for Mazuranich
1:46:01 PM Belgrade City-County Planner Heidi Jensen Staff report
1:47:43 PM Discussion and Questions
1:50:08 PM Erlene Mazuranich and Bruce Mazuranich Sworn in by Deputy County Attorney Kate Dinwiddie and testified under oath. Submitted letter from Nita Brenholdt labeled Exhibit A, Item #5.
1:56:55 PM Discussion between the Commission, Erlene Mazuranich, Kate Dinwiddie, and Heidi Jensen
2:00:39 PM There was no public comment.
2:00:47 PM Board discussion
2:04:05 PM Commissioner White I would make a motion for the approval of this family transfer, Mr. Chair.
2:04:10 PM Chairman Skinner Second
2:04:14 PM Board discussion
2:05:20 PM Motion defeated 1:1. Chairman Skinner opposed.
2:05:47 PM Chairman Skinner Continuation of Public Hearing and Decision on a Request for Preliminary Plat Approval for Country's Edge Major Subdivision (Continued from March 20, 2007)
2:06:03 PM Belgrade City-County Planner Heidi Jensen Staff report, submitted suggested change of conditions, email from Deputy County Attorney Greg Sullivan to Heidi Jensen, letters from Attorney Susan Swimley, Linda M. James, and Diane Yankelevitz labeled Exhibit A, Item #6.
2:19:50 PM Discussion and Questions
2:20:41 PM Attorney Susan Swimley Comments
2:20:55 PM County Recreation Coordinator Mike Harris Comments
2:21:53 PM Discussion and Questions
2:22:11 PM Discussion between the Commission, Planning Director Greg Sullivan, and Deputy County Attorney Kate Dinwiddie
2:28:54 PM Attorney Susan Swimley Presentation on behalf of clients Richard Maus and Chris Peter
2:39:09 PM Discussion and Questions
2:39:38 PM Public comment Paul Schneider, President of 4-Dot Homeowners Association
2:42:37 PM Discussion between the Commission, Paul Schneider, Kate Dinwiddie, and Greg Sullivan
2:47:59 PM Public comment Ken Yankelevitz
2:49:00 PM Discussion between the Commission, Greg Sullivan, Kate Dinwiddie, and Ken Yankelevitz
3:01:41 PM Public comment Jim Armstrong
3:04:05 PM Attorney Susan Swimley Rebuttal
3:11:25 PM Discussion and Questions
3:17:09 PM Ken Yankelevitz Comments, submitted copy of the By-Sell Agreement between Tom Langel and Richard Maus and Chris Peters labeled Exhibit B, Item #6
3:18:03 PM Attorney Susan Swimley Rebuttal
3:19:05 PM Board discussion including Susan Swimley, Kate Dinwiddie, and Greg Sullivan
3:30:17 PM Planning Director Greg Sullivan Read into record the following suggestion for the last sentence in condition #36: The construction, erection or maintenance of any temporary or permanent structure on Lots C, D, and E including the excavation or moving of dirt that will interfere or infringe upon the easements for the sanitation facilities serving the 4-Dot Meadows County Sewer District is hereby prohibited.
3:30:52 PM Continued board discussion including Kate Dinwiddie
3:38:32 PM City-County Planner Heidi Jensen Comments, suggests adding the following sentence to the beginning of condition #9: A note shall be placed on the final plat.
3:40:12 PM Continued board discussion between the Commission, Heidi Jensen, Susan Swimley, and Kate Dinwiddie
3:46:36 PM Commissioner White A motion would be for the approval of the preliminary plat for Country's Edge Major Subdivision and that would be the motion. With the conditions that were included and with the modifications that were made today and I will go through those. Ok there was a condition #5(m) that pertained to the covenants and basements are prohibited, that has been added, on page 9 of the staff report we have condition #9, there's new language there do I should I be reading that language?
3:47:22 PM Deputy County Attorney Kate Dinwiddie I believe it's already entered. Did you want to go down through and address downward lighting at all?
3:47:29 PM Commissioner White Comments, and then a I guess condition #10 has been amended even though the staff report shows #10 struck, the #10 struck should not be and.
3:47:52 PM Chairman Skinner Number 10 is amended in the staff report.
3:47:58 PM Discussion and Questions
3:48:11 PM Commissioner White Reference #10 is still there and if we go to page 11, #22 the amended language that has been provided is part of my motion, #31, #34 which again is a basement prohibition, #35 and then we have an amended version of #33, so I am jumping back I am sorry and the #36 that's in the staff report has been modified with language that's been will be was added late and its an attachment, and the amendment condition #37 has been modified and so that needs to be referenced. Then we also have some language pertaining to lighting and Kate do you have that language?
3:49:20 PM Belgrade City-County Planner Heidi Jensen We just have a standard downward facing cutoff lighting covenant that will be added into the Findings of Fact.
3:49:25 PM Commissioner White Will that be condition #38?
3:49:28 PM Deputy County Attorney Kate Dinwiddie Or as part of the covenants as number or letter n, #5(n).
3:49:32 PM Belgrade City-County Planner Heidi Jensen It could be both.
3:49:38 PM Discussion between the Commission and Mike Harris
3:50:24 PM County Recreation Coordinator Mike Harris Comments, noting the following language to be placed on the plat, "The above described tract of land is known to be designated as 4-Dot Meadow Subdivision Phase 3, Gallatin County, Montana and the lands included in all roads, avenues, alleys, and parks, or public squares as shown on said plat are hereby granted, dedicated, and donated to use of public forever. The lands dedicated to the public are accepted for public use but the county accepts no responsibility for maintaining the same. The owners agrees that the County has no obligation to maintain the lands hereby dedicated to public use."
3:51:12 PM Deputy County Attorney Kate Dinwiddie Mike, did you mean Country's Edge? You said 4-Dot Phase 3.
3:51:20 PM County Recreation Coordinator Mike Harris I was just reading it.
3:51:21 PM Commissioner White Ok, so Country's Edge should be inserted. Ok, for the record it's not 4-Dot its Country's Edge. Back to condition #16 that has been amended as part of my motion to strike the last sentence, "Curb and gutter shall be installed on all interior subdivision roads" and I think the only thing we have left is to for the final decision on the last sentence of condition #36 and Mr. Chairman I am not sure where you ended up on that?
3:52:07 PM Chairman Skinner I would like to keep it as written.
3:52:12 PM Commissioner White I like the other language but I don't have enough votes for the other language so I am going to go with this language. That unless I have missed anything that concludes my motion.
3:52:32 PM Chairman Skinner Second
3:52:37 PM Board discussion/Findings
3:55:10 PM Motion passed unanimously.
3:55:20 PM Chairman Skinner Finalize FY 2008 Budget Goals and Objectives
3:55:45 PM Commission comments including Deputy County Attorney Kate Dinwiddie
3:56:45 PM Commissioner White I would make a motion to, a to do what? To accept our and make a motion for the approval of our mission statement as in record today.
3:57:06 PM Chairman Skinner Second
3:57:10 PM Board discussion
3:57:21 PM Motion passed unanimously.
3:57:25 PM There were no Pending Resolutions.
3:57:27 PM Meeting adjourned.
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