Description Gallatin County Commissioners' Journal No. October 30, 2007
Date 10/30/2007 Location County Commission
Time Speaker Note
9:02:55 AM Chairman Skinner Announcement: As a reminder, not only are we recording this on our FTR system, this is being broadcasted live through Bresnan and streamed over the internet.
9:03:15 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 Stephanie Young.
9:04:09 AM Chairman Skinner There was no public comments on any matters within the Commission's jurisdiction.
9:04:25 AM Acting Clerk to the Board Stephanie Young Read the consent agenda as follows: 1. Approval of Claims, 2. Approval of Meeting Minutes from October 17, 2007, 3. Approval of Contract(s): Mountain Locksmithing and Security Center, Inc for Security Cameras and Intercoms at the Entrance to the 3 District Court Judges Chamber; Terrell's Office Machines Annual Maintenance on Two IBM WWW5's; Gallatin Asphalt, Inc Change Order #1 for RID 349 Mountain View Chip Seal and RID 342 Wheatland Hills
9:05:24 AM There was no public comment.
9:05:34 AM Commissioner White I make a motion to approve the consent agenda that was read into record.
9:05:38 AM Commissioner Murdock Second
9:05:40 AM Motion passed unanimously.
9:05:46 AM Chairman Skinner Bid Opening for the Construction of a New Road and Bridge Maintenance Facility
9:05:57 AM Grants Administrator Larry Watson Extended the bidding period until next Tuesday.
9:06:10 AM Discussion and Questions
9:06:25 AM Chairman Skinner Public Hearing and Decision on a Resolution to Abandon an Alley Located Between First Street and Second and Adjacent to Lots 19-27 and 43-51 as Shown on the Plat of Rainbow Subdivision
9:06:42 AM Clerk and Recorder Charlotte Mills Presentation
9:07:35 AM Discussion and Questions
9:08:43 AM Commissioner White I would make a motion for the, support the abandonment.
9:08:47 AM Commissioner Murdock Second
9:08:52 AM Motion passed unanimously.
9:09:03 AM Chairman Skinner Noted that this is Resolution #2007-130.
9:09:20 AM Chairman Skinner Decision on a Resolution Approving the Henslee Setback Variance from the Gallatin Canyon/Big Sky Zoning Regulation (Public Hearing held on October 11, 2007)
9:09:39 AM County Planner Randy Johnson, AICP Presentation
9:10:51 AM Discussion and Question including Deputy County Attorney Kate Dinwiddie
9:11:33 AM There was no public comment.
9:11:44 AM Commissioner Murdock Comments, I move that we approve it again. (Resolution #2007-130)
9:11:59 AM Commissioner White Second
9:12:02 AM Board Discussion
9:12:42 AM Motion passed unanimously.
9:12:44 AM Chairman Skinner Noted that this is Resolution #2007-131.
9:12:59 AM Chairman Skinner Public Hearing and Decision to Approve the Improvements Agreement for Landscaping Mitigation on the Henslee Zoning Violation in the Gallatin Canyon/Big Sky Zoning District
9:13:11 AM Code Compliance Specialist, Amy Waring Presentation
9:14:15 AM There was no public comment.
9:14:24 AM Commissioner Murdock Move to approve the Improvements Agreement as presented by the staff, for the Henslee Zoning violation.
9:14:33 AM Commissioner White Second
9:14:38 AM Motion passed unanimously.
9:14:50 AM Chairman Skinner Public Hearing and Decision for Level One Approval for Funding from the Open Space Bond for the Purchase of a Conservation Easement on the Pessl Ranch
9:19:30 AM Open Lands Board Coordinator, Mike Harris Presentation/PowerPoint
9:20:13 AM Discussion between the Commission, Mike Harris, and Kelly Pohl, Gallatin Valley Land Trust
9:21:01 AM Open Lands Board Coordinator, Mike Harris Continued presentation/powerpoint
9:23:21 AM Discussion and Questions
9:27:00 AM Commissioner Murdock Comments, would move to approve the Level one approval.
9:27:29 AM Commissioner White Second
9:27:32 AM Board Discussion
9:27:45 AM Motion passed unanimously.
9:27:48 AM Chairman Skinner Public Hearing and Decision for Level One Approval for Funding from the Open Space Bond for the Purchase of a Conservation Easement on the Kelly Ranch
9:27:59 AM Open Lands Board Coordinator, Mike Harris Presentation/PowerPoint
9:33:34 AM Discussion and Questions
9:33:54 AM Kelly Ramirez, Trust for Public Land Comments
9:38:14 AM Discussion between the Commission, Kelly Ramirez, and Mike Harris
9:49:34 AM There was no public comment.
9:49:44 AM Commissioner Murdock I move that we approve Level one approval, with the understanding that Level two, we are reserving the right to reconsider that based on the flood plain issues and analysis that we just talked about.
9:50:02 AM Commissioner White Second
9:50:07 AM Motion passed unanimously.
9:50:09 AM Chairman Skinner Public Hearing and Decision for the Certification of Appraiser of Record and Authorization for Expenditure of $750,000 in Open Space Bond Funds for the Purchase of a Conservation Easement on the Bolhuis Property
9:50:25 AM Open Lands Board Coordinator, Mike Harris Presentation/PowerPoint
9:52:45 AM Discussion and Questions
9:53:10 AM Kelly Pohl, Gallatin Valley Land Trust Comments
9:54:55 AM There was no public comment.
9:55:03 AM Commissioner Murdock Comments, so moved.
9:55:32 AM Commissioner White Second
9:55:35 AM Board Discussion/Findings including Mike Harris and Deputy County Attorney Kate Dinwiddie
9:57:15 AM Commissioner Murdock I will add to my motion, "Finding that the request for funding from the Open Space Bond in the amount of $750,000 for the purchase of a conservation easement on property owned by Gary and Mary Bolhuis meets; The purposes of the Montana Open-Space Land and Voluntary Easement Act; and fulfills the County appraisal requirements for the purchase of real property or conservation easements; and the mission of the Open Lands Board created by the County Commission; and the intent of the $10,000,000 Open Space Bond passed by the voters of Gallatin County; and that it has been reviewed twice by the Open Lands Board and County Commission as required under the "Application Process for Open Space Preservation Fund's; we hereby authorize the expenditure of $750,000 from the Open Space Bond Fund for the
purchase of a conservation easement on property owned by Gary and Mary Bolhuis contingent upon the following conditions: 1) Applicants enter into a conservation easement sale and purchase agreement with Gallatin County and prepare the deed of easement, 2) The sale and purchase agreement show Gallatin County in a secondary position to the Gallatin Valley Land Trust, the participating land trust, in order to assure compliance with the strictures of Montana law and the Gallatin County Open Space Fund, 3) The satisfactory proof of value of the conservation easement in an amount of at least the amount of the funding requested, 4) Preparation execution of necessary and customary closing materials and documents, 5) The Deed of Conservation Easement is consistent with the current status of title to the land (i.e. Contract for Deed), and 6) Final legal approval of the office of the County Attorney at closing.
9:59:15 AM Commissioner White Second
9:59:22 AM Motion passed unanimously.
9:59:28 AM Chairman Skinner Public Hearing and Decision for the Certification of Appraiser of Record and Authorization for Expenditure of $100,000 in Open Space Bond Funds for the Purchase of a Conservation Easement on the Dyk Farm
9:59:42 AM Open Lands Board Coordinator, Mike Harris Presentation/PowerPoint
10:02:04 AM Public Comment Kelly Pohl, Gallatin Valley Land Trust
10:02:57 AM Commissioner White I support the use of the open lands money for this and will make a motion for the approval, and I can certainly add to that motion some findings.
10:03:14 AM Commissioner Murdock Second
10:03:16 AM Commissioner White "Finding that the request for funding from the Open Space Bond in the amount of $100,000 for the purchase of a conservation easement on property owned by John W. Dyk meets; The purposes of the Montana Open-Space Land and Voluntary Easement Act; and fulfills the County appraisal requirements for the purchase of real property or conservation easements; and the mission of the Open Lands Board created by the County Commission; and the intent of the $10,000,000 Open Space Bond passed by the voters of Gallatin County; and that it has been reviewed twice by the Open Lands Board and County Commission as required under the "Application Process for Open Space Preservation Fund's; we hereby authorize the expenditure of $100,000 from the Open Space Bond Fund for the purchase of a conservation easement on property
owned by John W. Dyk contingent upon the following conditions: 1) Applicants enter into a conservation easement sale and purchase agreement with Gallatin County and prepare the deed of easement, 2) The sale and purchase agreement show Gallatin County in a secondary position to the Gallatin Valley Land Trust, the participating land trust, in order to assure compliance with the strictures of Montana law and the Gallatin County Open Space Fund, 3) The satisfactory proof of value of the conservation easement in an amount of at least the amount of the funding requested, 4) Preparation execution of necessary and customary closing materials and documents, 5) The Deed of Conservation Easement is consistent with the current status of title to the land (i.e. Contract for Deed), and 6) Final legal approval of the office of the County Attorney at closing.
10:05:00 AM Board Discussion
10:05:40 AM Motion passed unanimously.
10:05:43 AM Chairman Skinner Public Hearing and Decision for the Certification of Appraiser of Record and Authorization for Expenditure of $50,000 in Open Space Bond Funds for the Purchase of a Conservation Easement on the Hargrove Property
10:05:58 AM Open Lands Board Coordinator, Mike Harris Presentation/PowerPoint
10:08:44 AM Kelly Pohl, Gallatin Valley Land Trust Comments
10:10:16 AM There was no public comment.
10:10:27 AM Commissioner Murdock I will move that we approve the certification of appraiser of record and authorization for expenditure of $50,000 in Open Space Bond Funds for the purchase of a conservation easement on the Hargrove Property.
10:10:44 AM Commissioner White Second
10:10:48 AM Chairman Skinner "Finding that the request for funding from the Open Space Bond in the amount of $50,000 for the purchase of a conservation easement on property owned by Dave and Amber Hargrove meets; The purposes of the Montana Open-Space Land and Voluntary Easement Act; and fulfills the County appraisal requirements for the purchase of real property or conservation easements; and the mission of the Open Lands Board created by the County Commission; and the intent of the $10,000,000 Open Space Bond passed by the voters of Gallatin County; and that it has been reviewed twice by the Open Lands Board and County Commission as required under the "Application Process for Open Space Preservation Fund's; we hereby authorize the expenditure of $50,000 from the Open Space Bond Fund for the purchase of a conservation easement on
property owned by Dave and Amber Hargrove contingent upon the following conditions: 1) Applicants enter into a conservation easement sale and purchase agreement with Gallatin County and prepare the deed of easement, 2) The sale and purchase agreement show Gallatin County in a secondary position to the Gallatin Valley Land Trust, the participating land trust, in order to assure compliance with the strictures of Montana law and the Gallatin County Open Space Fund, 3) The satisfactory proof of value of the conservation easement in an amount of at least the amount of the funding requested, 4) Preparation execution of necessary and customary closing materials and documents, 5) The Deed of Conservation Easement is consistent with the current status of title to the land (i.e. Contract for Deed), and 6) Final legal approval of the office of the County Attorney at closing.
10:12:28 AM Board Discussion including Mike Harris, submitted Open Space Bond Expenditures of funds, labeled Exhibit A, Item #9.
10:14:08 AM Motion passed unanimously.
10:14:17 AM Chairman Skinner Public Hearing and Decision Regarding Request from Kehke for a Conditional Use Permit for a Guesthouse in the East Gallatin Zoning District
10:14:29 AM Belgrade City-County Planner Heidi Jensen Staff Report
10:18:53 AM Mark Fasting, Allied Engineering Comments on behalf of applicant, Kehke
10:19:04 AM Discussion and Question
10:19:56 AM Public Comment County Flood Plain Administrator, Sean O'Callaghan
10:20:25 AM Discussion and Question
10:20:40 AM Board Discussion
10:21:10 AM Commissioner Murdock So moved with the conditions, comments
10:21:15 AM Commissioner White Second
10:21:19 AM Board Discussion/Finding
10:22:11 AM Motion passed unanimously.
10:22:16 AM Recess
10:33:28 AM Chairman Skinner Reconvene to meeting. Public Hearing and Decision on a Request for Preliminary Plat Approval for the Longview Estates Minor Subdivision
10:33:40 AM County Planner Ada Montague Staff Report
10:39:35 AM Discussion and Questions
10:45:31 AM County Flood Plain Administrator, Sean O'Callaghan Comments
10:48:01 AM Discussion and Questions
10:49:16 AM County Planner Ada Montague Continued presentation, submitted a letter from Sheriff James Cashell, labeled Exhibit A, Item #11, and language amending Condition #10, labeled Exhibit B, Item #11.
10:59:35 AM County Planner Christopher Scott Comments
11:00:47 AM Discussion and Questions
11:03:53 AM County Planner Ada Montague Continued presentation
11:05:12 AM Discussion and Questions
11:07:27 AM County Planner Randy Johnson, AICP Comments
11:08:42 AM Discussion between the Commission, Randy Johnson, Deputy County Attorney Kate Dinwiddie, and Ada Montague
11:12:04 AM Terry Threlkeld, Innovative Engineers Presentation on behalf of applicants, Jerry and Shirley Long, submitted map of Proposed Four Corners Neighborhood Planning Jurisdiction, labeled Exhibit C, Item #11, submitted Greater Bozeman Area Transportation Plan 2001 Update, Figure 10-1 Recommended Improvements (Study Area) map, labeled Exhibit D, Item #11 and Greater Bozeman Area Transportation Plan 2001 Update Figure 11-5 Recommended Rural Street Standards map, labeled Exhibit E, Item #11.
11:28:39 AM Deputy County Attorney Kate Dinwiddie Comments
11:28:45 AM County Planner Christopher Scott Comments
11:30:24 AM Terry Threlkeld, Innovative Engineers Continued presentation
11:39:39 AM County Planner Randy Johnson, AICP Comments
11:40:00 AM Public Comment Al Lien
11:42:49 AM Discussion and Questions
11:43:27 AM Public Comment Bill Tatarka
11:44:49 AM Discussion and Questions
11:46:13 AM Terry Threlkeld, Innovative Engineers Rebuttal
11:48:05 AM County Planner Randy Johnson, AICP Comments
11:49:17 AM Board Discussion including Randy Johnson, Terry Threlkeld, Kate Dinwiddie, Ada Montague, adjacent property owner Dick Morgan, and Planning Director Greg Sullivan
12:12:13 PM Commissioner White I make a motion for the approval of the preliminary plat for Longview Estates Minor Subdivision with the conditions, yeah I can go through that or we can go for a second, I can go through the conditions that we've talked about, hopefully I can hit them all. There's been some conditions that we discussed today on record, the first condition that needs to have a radical change is condition #10 from the staff report and it's been replaced by an amended version that we recieved onto record today, within that condition that we've recieved on record it mentioned a 39 foot roadway and proposed that that be changed to 24 feet, condition #16 staff report said 45 feet of Blackwood Road South of center line and we've, changing that to 50 feet, striking condition #20, condition #22 we've, discusses a fence that
protects the canal and we've modified the construction of the fence to include, to incorporate both woven wire and two strands of barb wire at the top, and then also the fence location which would be physically with in 2 feet of the property line from the edge of the easement, the canal easement. Condition #27: we've struck the first four words of the sentence, striking "Before final plat approved", and then the, sentence begins with "A final plat and site plans for each lot shall be provided to Gallatin Gateway Rural Fire Department for approval." We're striking the modification to condition 34(p) that would be struck. And then also were adding a new condition which would fall under the Staff's condition (r), which striking (p) moves everything up, but it would be a new condition that would address the building envelopes and the location that was, that has been given to us on the plat, the proposed plat that was in the applicants presentation today, comments.
12:15:19 PM Chairman Skinner Second
12:15:26 PM Board Discussion/Findings
12:23:36 PM Motion passed 2:1. Commissioner Murdock opposed.
12:23:40 PM Chairman Skinner There were no Pending Resolutions.
12:23:43 PM Meeting Adjourned.
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