Description Gallatin County Commissioners' Journal No. February 20, 2007
Date 02/20/2007 Location County Commission
Time Speaker Note
9:05:41 AM Chairman Skinner Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Skinner, Murdock, and White, County Attorney Marty Lambert and Acting Clerk to the Board Mary Miller.
9:06:29 AM Chairman Skinner There was no public comments on any matters within the Commission's jurisdiction.
9:06:47 AM Commissioner White Read the consent agenda as follows: 1. Approval of Claims 2. Approval of Contract(s): Anderson Zurmuehlen & Company, P.C. to Perform Audit of Financial Records for the Planning Office; Anderson Zurmuehlen & Company, P.C. to Perform Audit of Financial Records of the Clerk & Recorder's Office; and Modification to County Contract #2006-053 for Regional Wastewater Study 3. Approval of County Asset Trade-In (Sheriff) of 2005 Trail Blazer: Received Trade-In of $4200.00, net cost of $11,939.00, total amount of $16,000.00
9:07:28 AM There was no public comment.
9:07:36 AM Commissioner Murdock I move to approve the consent agenda as read.
9:07:41 AM Commissioner White Second
9:07:51 AM Kim Moore, Accounting Noted that the claims were not read into the record.
9:08:02 AM Commissioner White Read the claims into the record.
9:08:24 AM Commissioner Murdock Clarified that it was his intent to include the claims in the motion.
9:08:39 AM Commissioner White Second
9:08:45 AM Motion passed unanimously.
9:08:49 AM Chairman Skinner Public Hearing and Decision on a Resolution of Intent to Amend Gallatin County's 201 Zoning District Regulations to Consolidate All County Board of Adjustments into a Single Gallatin County Board of Adjustment (Amending the Regulations for the Following Zoning Districts: Middle Cottonwood, Reese Creek, South Cottonwood Canyon, East Gallatin and the Gallatin County/Bozeman Area)
9:09:33 AM County Planner Sean O'Callaghan Presentation, submitted a faxed letter from Attorney Susan Swimley labeled Exhibit A, Item #1
9:11:52 AM Public comment County Attorney Marty Lambert, Steve Kelly, Jim Loessberg, Anne Rusoff noted errors in the staff report. Page 3 should refer to Middle Cottonwood Zoning District rather than South Cottonwood Canyon Zoning District, and Anson Crutcher
9:50:32 AM Board discussion including County Attorney Marty Lambert
9:59:36 AM Commissioner White Comments, I move for the approval of #2007-014 resolution, which is a resolution of intention to amend the Gallatin County's 201 Zoning District Regulations in order to consolidate all the county Boards of Adjustment into a single Gallatin County Board of Adjustment.
10:00:03 AM Commissioner Murdock Second
10:00:14 AM Motion defeated 2:1. Commissioner White and Murdock voting nay.
10:00:22 AM Recess
10:08:38 AM Chairman Skinner Reconvene to meeting. Public Hearing and Decision on a Request for Preliminary Plat Approval for the Brookshire Major Subdivision, Including a Request for a Variance from the Road Design Standards (Section 7.C.3) of the Gallatin County Subdivision Regulations, Regarding Distance Between Intersections
10:09:03 AM County Planner Sean O'Callaghan Staff report
10:18:02 AM Discussion and Questions
10:18:37 AM Richard Smith, RJ Development Group LLC Applicant PowerPoint Presentation, submitted "Permit to Appropriate Water" issued by the DNRC labeled Exhibit A, Item #2
10:40:48 AM Public comment Lynne Scalia representing Monforton School District
10:46:22 AM Discussion and Questions
10:48:56 AM Public comment Jimmie Lohmeier, John Hulme, and Road and Bridge Engineer George Durkin
10:59:37 AM Discussion between the Commission and George Durkin
11:01:11 AM Public comment Barbara Campbell representing Utility Solutions
11:02:42 AM County Planner Sean O'Callaghan Comments
11:04:15 AM Closed public comment.
11:04:20 AM Richard Smith, RJ Development Group, LLC Rebuttal, submitted copy of Bozeman Daily Chronicle article regarding "New Schools shouldn't be funded with Impact fees" labeled Exhibit B, Item #2
11:11:17 AM Discussion and Questions
11:12:33 AM Board discussion
11:16:30 AM Commissioner White I would make a motion to, is a first part of this of our action on this, to approve the variance from Section 7.C.3 of the Subdivision Regulations.
11:16:44 AM Commissioner Murdock Second
11:16:48 AM Board discussion
11:17:04 AM Motion passed unanimously.
11:17:14 AM Commissioner Murdock I would move that we approve the subdivision with all the conditions as presented by the staff and I see no harm in leaving #25 in there, developers often come and say the conditions already been met so why put it in there. And while I can kind of see that I think in this case just to put a belt in the suspenders we could leave it there. We've already heard from Utility Solutions that they're in but you've met it, so I don't think we're harming you. And then I would like to add the condition as worded by Lynne Scalia that they have a conversation with the school district. I think that when people talk it's good and it's not a requirement that he pay a large sum of money, maybe he will, maybe he won't but I would propose that we add that condition.
11:18:08 AM Discussion between the Commission and Sean O'Callaghan
11:19:08 AM County Attorney Marty Lambert Suggested the following language for the suggested school mitigation condition: The applicant and the Monforton Board of Trustees shall enter into a dialogue or a discourse regarding contribution of a voluntary mitigation fee in order to fund a proportionate share of upcoming capital improvements to serve new growth.
11:19:50 AM Discussion between Marty Lambert, Richard Smith, and Lynne Scalia Marty Lambert noted that he would formalize it (condition) and read into the record later.
11:20:16 AM Commissioner White Second
11:20:21 AM Board discussion including Richard Smith
11:21:34 AM Commissioner Murdock I'll amend my motion to include a condition that a trail be shown on St. Paul Boulevard and built. Did you want it built?
11:21:45 AM Discussion between the Commission and Richard Smith
11:23:04 AM Commissioner White I would amend my second.
11:23:13 AM Motion passed unanimously.
11:23:17 AM Discussion between the Commission, Richard Smith, and Sean O'Callaghan (After the meeting Marty Lambert provided the following language for suggested conditions: #39-The applicant and the Monforton Board of Trustees shall have a dialogue regarding contribution of a voluntary mitigation fee in order to fund a proportionate share of upcoming capital improvements in the District; and #40-Applicant shall designate and dedicate a trail along the north of St. Paul Boulevard connecting the eastern boundary of the subdivision with the park.)
11:24:43 AM Recess
11:36:46 AM Chairman Skinner Reconvene to meeting. Public Hearing and Decision on a Request for Preliminary Plat Approval for the Riverwood Major Subdivision, Including a Request for a Variance Regarding Roads, Bridges and Utilities in a 100-Year Floodplain (Section 10.G.1) of the Gallatin County Subdivision Regulations
11:37:08 AM Belgrade City-County Planner Jason Karp Staff report, noted changes to the conditions in the staff report as follows #23-A "no access" strip shall be shown on the final plat(s) along all lot boundaries that border East Cameron Bridge Road and Love Lane. #24- East Cameron Bridge Road, including bridges improvement/replacement as required by the Gallatin County Road Department, shall be upgraded and paved from South Alaska Road to Harper Puckett Road to Gallatin County Standards prior to final plat approval of any phase of the subdivision. #41-add at the end of first sentence, "except East Cameron Bridge Road and Love Lane". #43 change the end of the sentence from "Phase 3" to "Phase 2".
12:02:26 PM Discussion and Questions
12:02:55 PM Belgrade City-County Planner Jason Karp Suggested adding an additional condition requiring that the phases be constructed concurrently.
12:03:24 PM Discussion between County Attorney Marty Lambert, Jason Karp, and the Commission
12:12:27 PM Denis Balian, Vision Development Applicant PowerPoint Presentation, submitted Figure 11-4 of the Greater Bozeman Area Transportation Plan Year 2001 Update-Recommended Principal Arterial Street Standards labeled Exhibit A, Item #3
12:24:01 PM Discussion and Questions
12:25:56 PM Public comment Bill Marx, Lorents Grosfield, Road and Bridge Engineer George Durkin, and Assistant Chief, Central Valley Fire District Bryan Connelley
12:40:35 PM Discussion between the Commission and Bryan Connelley
12:44:18 PM Mark Chandler, C&H Engineering Rebuttal on behalf of applicant Denis Balian, submitted Improvements Agreement for Meyer-Nistler Minor Subdivision labeled Exhibit B, Item #3. Suggested changing condition #24 to read: East Cameron Bridge Road, including bridges improvement/replacement as required by the Gallatin County Road Department, shall be upgraded and paved from the East boundary of the Meyer-Nistler Minor Subdivision to Gallatin County Standards prior to final plat approval of any phase of the subdivision
12:47:00 PM Discussion between the Commission, Mark Chandler, Jason Karp, and Marty Lambert
12:49:16 PM Denis Balian, Vision Development Rebuttal
12:56:19 PM Discussion between the Commission, Denis Balian, Sean O'Callaghan, Jason Karp, Marty Lambert, and (Bill Marx inaudible)
1:09:55 PM Commissioner White I would make a motion to grant the variance based upon the criteria as in Section 13.3 of our Subdivision Regulations, and I'd be happy to enter findings if you wish.
1:10:16 PM Commissioner Murdock Second
1:10:23 PM Board discussion/Findings
1:11:57 PM Motion passed unanimously.
1:12:04 PM Chairman Skinner Summarized staff suggested changes to condition #23, 24, 41, and 43 and a suggestion to add a condition to require phasing to be built concurrently.
1:12:52 PM Denis Balian, Vision Development Suggested "sequentially" rather than "concurrently".
1:13:11 PM Board discussion including Marty Lambert
1:14:22 PM Commissioner Murdock I would move that we approve this with the conditions presented by staff and as amended that you just summarized.
1:14:31 PM Commissioner White Second
1:14:37 PM Board discussion including Denis Balian, Marty Lambert, and Jason Karp
1:20:18 PM County Attorney Marty Lambert Suggests striking the first two words "All required" in condition #28
1:20:48 PM Chairman Skinner Would the motion and the second agree to those changes?
1:20:51 PM Commissioner Murdock Yes
1:20:52 PM Commissioner White Yes
1:20:54 PM Board discussion including Denis Balian
1:25:50 PM Motion passed unanimously.
1:25:56 PM There were no Pending Resolutions.
1:25:58 PM Meeting adjourned.
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