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Gallatin County Commission Meeting Minutes June 12, 2007
Description Gallatin County Commissioners' Journal No. June 12, 2007
Date 06/12/2007 Location County Commission
  
Time Speaker Note
9:01:10 AM Chairman Skinner Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Skinner, Murdock, and White, Deputy County Attorney Kate Dinwiddie and Acting Clerk to the Board Mary Miller. Announcement regarding local resident Staff Sergeant Travis Atkins who was killed in Iraq on June 1, 2007. Today's Moment of Silence and Pledge of Allegiance will be dedicated to Travis, and in his memory we will be taking a recess from 11am to 12pm to give everyone the opportunity to participate in the flag line honoring his procession that will be going down Babcock.  
9:03:40 AM Chairman Skinner There was no public comments on any matters within the Commission's jurisdiction.
9:04:01 AM Acting Clerk to the Board Mary Miller Read the consent agenda as follows: 1. Approval of Claims 2. Approval of Board Appointment Policy 3. Approval of Meeting Minutes of May 29 & 30, 2007 4. Approval for Transfer of Budget Authority for the Grants & Projects Department in the Amount of $777.75 to Complete Landscaping of the 3rd District Court 5. Approval of Contract(s): Cooperative Fire Control Agreement between the State of Montana and Gallatin County; Equipment Agreement Between Gallatin County and DNRC for Wildland Fire Management; Collection of Public Land Survey Corners for Adjustment of the Geographic Control Point Database; and Agreement with J&H Office Equipment for Maintenance of a Canon Copier Located at the Road Department
9:05:16 AM   There was no public comment.
9:05:26 AM Commissioner White  I would make a motion to approve the consent that was read into record.
9:05:30 AM Commissioner Murdock Second
9:05:35 AM   Motion passed unanimously.
9:05:38 AM Chairman Skinner Public Hearing and Decision on a Resolution to Allow the County Attorney to Purchase Two Scanners, a Fax Machine and an Office Chair from Vacancy Savings
9:06:00 AM   There was no public comment.
9:06:08 AM Commissioner Murdock I will make a motion to approve (Resolution) #2007-069, which would amend his budget as read.
9:06:18 AM Commissioner White  Second
9:06:23 AM   Motion passed unanimously.
9:06:27 AM Chairman Skinner Public Hearing, Recommendation and Award of Proposal for the External Auditing Services Concerning the Annual Financial Statements of Gallatin County for the Fiscal Year Ending June 30, 2007 with the Option of Continuing Service for Fiscal Years 2008 and 2009
9:06:48 AM Auditor Jennifer Blossom Presentation
9:07:44 AM   Discussion and Questions
9:10:34 AM   There was no public comment.
9:10:48 AM Commissioner White  I would make a motion to accept the recommendation of the external audit selection committee and award the audit contract to AZ & Company for the next fiscal year.
9:11:02 AM Commissioner Murdock Second
9:11:06 AM   Board discussion including Jennifer Blossom
9:11:32 AM   Motion passed unanimously.
9:11:35 AM Chairman Skinner Public Hearing and Decision of a Resolution of Intent to Revise the Boundaries of the East Gallatin Zoning District to Encompass Additional Properties
9:12:50 AM County Planner Sean O'Callaghan PowerPoint and Staff report, submitted a copy of MCA 76-2-203 labeled Exhibit A, Item #3.  
9:24:48 AM Attorney Joby Sabol Presentation on behalf of clients Bilmar Business Trust, Edwin Marc Seifert, Edwin A. Siefert Jr, Edwin A. Seifert Ranch Corporation, Bridger Partners, LLC, and Bridgeman, LLC
9:32:48 AM Dale Beland Presentation on behalf of applicants Bilmar Business Trust, Edwin Marc Seifert, Edwin A. Siefert Jr, Edwin A. Seifert Ranch Corporation, Bridger Partners, LLC, and Bridgeman, LLC. Submitted an article from the Bozeman Daily Chronicle labeled Exhibit B, Item #3 and map of the Reese Creek Zoning District labeled Exhibit C, Item #3
9:46:47 AM   Discussion between the Commission, Deputy County Attorney Kate Dinwiddie, Dale Beland, and Sean O'Callaghan
9:49:00 AM Marc Seifert Applicant comments
9:52:29 AM Public comment Phil Reinig, John Hanes, Daryl Henning, Jim Loessberg, Jim Nelson, Sandra Maher submitted written testimony labeled Exhibit D, Item #3, Roxanne Linderman submitted written testimony labeled Exhibit E, Item #3, Melissa Blessing, Richard Schultz submitted written testimony labeled Exhibit F, Item #3 and written testimony from Molly Baxter labeled Exhibit G, Item #3, Grace Morgan, Diana Stevens, and Betsy Wise
10:54:07 AM   Closed public comment.
10:54:29 AM   Recess
12:07:05 PM Chairman Skinner Reconvene to meeting.
12:07:23 PM County Planner Sean O'Callaghan Read into record a letter from Bob and Shirley Julian labeled Exhibit W, Item #3 (labeled to coincide with staff report exhibits)
12:09:31 PM Attorney Joby Sabol Rebuttal, suggests continuance until June 26, 2007
12:11:13 PM   Discussion between the Commission, Joby Sabol, Kate Dinwiddie, Marc Seifert, Sean O'Callaghan, and Planning Director Greg Sullivan
12:33:16 PM Commissioner Murdock I move that we continue this hearing as advertised and all that we've talked about until the 26th of June.  
12:33:23 PM Commissioner White  Second
12:33:28 PM   Motion passed unanimously.
12:34:49 PM Chairman Skinner Public Hearing on a Non-Material Modification of Preliminary Plat Approval for the Amended Plat of Ross Creek Subdivision, Tract 31
12:35:01 PM County Planner Christopher Scott Staff report
12:36:39 PM Trever McSpadden, Planner, Morrison-Maierle, Inc Presentation on behalf of applicant Trent Gardner and Eric Hjermstad
12:37:12 PM   Discussion between the Commission and Christopher Scott
12:37:48 PM   There was no public comment.
12:38:32 PM Commissioner White  I'd make a motion for the approval of the non-material modification of the property line as given to us in the staff report.  
12:38:43 PM Commissioner Murdock Second
12:38:49 PM   Motion passed unanimously.
12:38:53 PM Chairman Skinner Public Hearing and Decision on a Request for Final Plat Approval for the Amended Plat of Ross Creek Subdivision, Tract 31
12:39:03 PM County Planner Christopher Scott Staff report
12:40:05 PM Trever McSpadden, Morrison-Maierle, Inc Comments
12:40:20 PM   There was no public comment.
12:40:30 PM Commissioner Murdock Finding that the staff has found that all the conditions for final approval have been met, I move that we grant final approval to the Ross Creek Subdivision, Tract 31.
12:40:43 PM Commissioner White  Second
12:40:51 PM   Motion passed unanimously.
12:40:58 PM Chairman Skinner Public Hearing and Decision to Approve an Improvements Agreement to Mitigate a Zoning Violation at the Pfaff Residence in the Gallatin Canyon/Big Sky Zoning District
12:41:12 PM Code Compliance Specialist Amy Waring Staff report
12:45:46 PM   Discussion between the Commission, Amy Waring, and County Planner Tim Skop
12:47:40 PM Jason West, Plan West Architecture Presentation on behalf of applicant's Christopher and Sara Pfaff
12:48:18 PM   There was no public comment.
12:48:28 PM Commissioner Murdock I move that we approve the Improvements Agreement to mitigate the Pfaff residence zoning violation.
12:48:37 PM Commissioner White  Second
12:48:42 PM   Board discussion
12:49:35 PM   Motion passed unanimously.
12:49:39 PM Chairman Skinner Public Hearing Request for Preliminary Plat Approval for the Duffy Subsequent Minor Subdivision (Amended Plat of Minor No. 137), Including Variance Requests from Section 7.F and 7.J of the Gallatin County Subdivision Regulations Regarding Road Design Standards
12:50:39 PM County Planner Randy Johnson Staff report, noting the property is zoned R-5, rather than R-1 as stated in the staff report.
12:58:07 PM   Discussion and Questions
12:59:29 PM Road & Bridge Engineer George Durkin Comments
1:00:42 PM Mark Chandler, C&H Engineering & Surveying Presentation on behalf of applicants Mark and Pamela Duffy
1:04:04 PM Public comment Gerry Graff
1:06:39 PM County Planner Randy Johnson Read into record two additional letters received from Renee, Roy and Carol Metcalf and Noreen Breeding  
1:08:57 PM Mark Chandler, C&H Engineering & Surveying Rebuttal
1:10:18 PM   Discussion and Questions
1:10:57 PM   Board discussion including Randy Johnson
1:26:07 PM Commissioner White  I would move that we grant a variance from 7.F.3 of the Subdivision Regulations regarding the paving of Mount Ellis Lane to the extent that, and I don't know maybe this is where the attorney can jump in and save me but to the extent of where the 100 trips per day begins.
1:26:36 PM Commissioner Murdock Second
1:26:41 PM   Board discussion including George Durkin
1:28:01 PM Commissioner White  I would add that to my motion that the remainder, again has to comply with our regulations and has to be county standard road, gravel standard.
1:28:15 PM Commissioner Murdock Second agrees
1:28:17 PM   Board discussion including George Durkin
1:29:56 PM   Motion passed unanimously.
1:30:02 PM Commissioner White  I'd make a motion for the granting of the variance for request #2 which is regarding the length of the cul-d-sac based upon the testimony and the maps that the Commission has been provided. I believe that it's not possible to comply with the Subdivision Regulations with the present topography and land design and so therefore the variance would be to allow them to go the extended amount of feet for the cul-d-sac which is I believe was 1,300' in the testimony.
1:30:45 PM Commissioner Murdock Second
1:30:47 PM   Board discussion including Gerry Graff submitted Ariel photo of proposed subdivision labeled Exhibit A, Item #7, George Durkin, and Kate Dinwiddie
1:41:37 PM   Motion passed 2:1. Commissioner Murdock opposed.
1:41:51 PM Commissioner White  I'd make a motion to approve the subdivision with the conditions that were placed into record and then also the conditions on the paving of the road which was pertaining to condition #7 and that I believe we already have that as part of record in regards to the variance, but that the paving will be done for the section of the road that has got the greater than 100 trips per day and the remainder part of the road will be built to county standards gravel.
1:42:36 PM   Discussion between the Commission and Randy Johnson
1:42:45 PM Commissioner White In regards to the second variance there's an additional condition that's been added that restricts the further subdivision of the land.
1:42:58 PM Chairman Skinner Second
1:43:05 PM   Board discussion/Findings
1:45:50 PM   Motion passed 2:1. Commissioner Murdock opposed.
1:45:56 PM   Recess
2:00:31 PM Chairman Skinner Reconvene to meeting. Public Hearing and Decision on Request for Modification of Lot Layout for the Huntley Addition of the Town Center Major Subdivision
2:00:49 PM County Planner Warren Vaughan Staff report
2:04:50 PM   Discussion and Questions
2:06:05 PM Bill Simkins, Simkins Holdings, LLC Applicant presentation
2:08:33 PM   Discussion and Questions
2:10:50 PM   There was no public comment.
2:11:00 PM Commissioner White  I'd make a motion to approve the modification of preliminary plat for the Big Sky Town Center Subdivision, which would be the Huntley Addition.
2:11:09 PM Commissioner Murdock Second  
2:11:13 PM   Board discussion
2:12:06 PM   Motion passed unanimously.
2:12:13 PM Chairman Skinner Public Hearing and Decision on a Request for Preliminary Plat Approval for the Trout Creek Major Subdivision
2:12:32 PM Belgrade City-County Planner Heidi Jensen Staff report
2:19:26 PM   Discussion and Questions
2:21:03 PM Attorney Joby Sabol Presentation on behalf of client Oakwood Properties, LLC
2:24:44 PM Dennis Foreman, Gaston Engineering and Surveying PowerPoint presentation on behalf of applicant Oakwood Properties, LLC
2:39:01 PM   Discussion between the Commission, Dennis Foreman, and Joby Sabol
2:54:35 PM   There was no public comment.
2:54:51 PM Road & Bridge Engineer George Durkin Comments
2:57:47 PM County Parks & Recreation Mike Harris  Comments
2:59:42 PM Attorney Joby Sabol Rebuttal
3:00:30 PM   Board discussion including Heidi Jensen, George Durkin, Kate Dinwiddie, and Joby Sabol
3:20:32 PM Commissioner Murdock I would move that we approve this subdivision subject to the conditions as presented by staff with some additional, one amendment possibly two amendments and one new one. The new one would be the requirement for an Open Space Management Plan that would be submitted to the Belgrade Planning office before final plat approval, that's the new one. The amendment would be to condition #11, as we've discussed. Do you want me to repeat that? Comments, "The developer will improve Spain Bridge Road from the East Gallatin bridge west to Dry Creek Road to county gravel standards". Penwell Bridge Road, "They will pave Penwell Bridge Road from the East Gallatin bridge to east to the intersection with Spain Bridge Road. They will again resume improvements to Penwell Bridge Road east to Stimson bringing em' up to county gravel standards. They will pave Spain Bridge Road from Penwell Bridge Road south to Airport Road. Is that it? I think I got it, comments.
3:22:29 PM Road & Bridge Engineer George Durkin Sub-grade improvements and gravel, comments.
3:22:36 PM Commissioner Murdock Sub-grade and gravel improvements, comments, sub-base all the way up to the point of paving. And then I don't know where this would be but whatever the appropriate condition to amend the requirement for street lights, get it out if there, comments.
3:23:16 PM Belgrade City-County Planner Heidi Jensen It's #37, "Prior to final plat approval with direct road connection to County Roads, the subdivider shall install street lighting that is down cast and not less that 85% cut-off lighting.  
3:23:29 PM Commissioner Murdock I would move that we strike that condition, that's included, comments.
3:23:40 PM Commissioner White  Second
3:23:42 PM   Board discussion/Findings
3:26:50 PM   Motion passed 2:1. Chairman Skinner opposed.  
3:26:57 PM   There were no Pending Resolutions.
3:26:59 PM   Meeting adjourned.