Description Gallatin County Commissioners' Journal No. March 7, 2007
Date 03/07/2007 Location County Commission
Time Speaker Note
1:33:19 PM Chairman Skinner Call to Order. Present were Commissioners Skinner, Murdock, and White, Deputy County Attorney Greg Sullivan and Acting Clerk to the Board Mary Miller.
1:34:16 PM Chairman Skinner There was no public comments on any matters within the Commission's jurisdiction.
1:34:30 PM Commissioner Murdock Read the consent agenda as follows: 1. Approval of Meeting Minutes from February 21 and 27, 2007 2. Decision on a Boundary Realignment Exemption from Subdivision Review for Rock Bar, LLC
1:34:47 PM There was no public comment.
1:34:57 PM Commissioner White I would move approval of the consent agenda as read into record.
1:35:02 PM Commissioner Murdock Second
1:35:06 PM Motion passed unanimously.
1:35:10 PM Chairman Skinner Public Hearing and Decision on a Second Reading for a Speed Ordinance for the Roads in Scottish Acres Subdivision
1:35:27 PM Commissioner Murdock Summarized the ordinance.
1:35:57 PM There was no public comment.
1:36:08 PM Commissioner Murdock I would move that we approve the second reading of Ordinance #2007-003, which would reduce the speed limit on those roads in Scottish Acres to 25 MPH.
1:36:22 PM Commissioner White Second
1:36:30 PM Board discussion
1:36:53 PM Motion passed unanimously.
1:36:59 PM Chairman Skinner Public Hearing and Decision on a Request for a One-Year Extension of Preliminary Plat Approval for the Fluke Minor Subdivision
1:37:10 PM County Planner Christopher Scott Staff report
1:38:53 PM Dennis Foreman, Gaston Engineering and Surveying Presentation on behalf of the applicant Terry M. Fluke
1:39:46 PM There was no public comment.
1:39:53 PM Board discussion
1:40:05 PM Commissioner White Comments, and I would make a motion to do so.
1:40:25 PM Commissioner Murdock Second
1:40:31 PM Board discussion including Deputy County Attorney Greg Sullivan
1:40:56 PM Motion passed unanimously.
1:41:11 PM Chairman Skinner Public Hearing and Decision on a Request for Conditional Use Permit for a Subdivision Within the East Gallatin Zoning District for Red Canyon Capital, LLC
1:41:41 PM Belgrade City-County Planner Heidi Jensen Staff report
1:47:05 PM Discussion between the Commission, Heidi Jensen, and Deputy County Attorney Greg Sullivan
1:49:20 PM Shannon Marinko, Skyline Surveying Presentation on behalf of the applicant Red Canyon Capital, LLC
1:50:37 PM Discussion and Questions
1:51:53 PM Public comment Steve Wallingford and Joe Sabatini
2:00:06 PM Discussion between the Commission and Joe Sabatini
2:01:50 PM Shannon Marinko, Skyline Surveying Rebuttal
2:03:01 PM Discussion and Questions
2:04:30 PM Board discussion including Greg Sullivan
2:06:59 PM Commissioner Murdock Comments, I'll move to deny it.
2:08:19 PM Commissioner White Second
2:08:24 PM Board discussion including Greg Sullivan
2:10:50 PM Motion passed unanimously.
2:11:10 PM Chairman Skinner Public Hearing and Decision on a Request for Preliminary Plat Approval for South Thorpe Minor Subdivision
2:11:19 PM Belgrade City-County Planner Heidi Jensen Staff report
2:13:15 PM Discussion and Questions
2:14:11 PM Marty Gagnon, Morrison-Maierle, Inc Presentation on behalf of the applicant Aspect Enterprises, LLC
2:15:48 PM Discussion and Questions
2:17:46 PM Public comment Mike Mahler
2:23:49 PM Marty Gagnon, Morrison-Maierle, Inc Comments
2:23:56 PM Board discussion, suggests adding a condition requiring maintenance easements for the ditches on the final plat.
2:24:49 PM Commissioner White I would concur, and I would so move.
2:24:52 PM Commissioner Murdock Second, to approve the subdivision with the conditions as amended.
2:24:57 PM Commissioner White I was moving to add that as a condition.
2:25:03 PM Commissioner Murdock Second
2:25:08 PM Board discussion including Deputy County Attorney Greg Sullivan, Heidi Jensen, and Marty Gagnon
2:27:29 PM Motion passed unanimously.
2:27:31 PM Board discussion including Greg Sullivan and Marty Gagnon
2:30:43 PM Commissioner Murdock Move to approve with the conditions as amended.
2:30:48 PM Commissioner White Second
2:30:52 PM Board discussion/Findings
2:31:28 PM Motion passed unanimously.
2:31:34 PM Chairman Skinner Public Hearing and Decision Regarding a Request for a Paving Variance of Section 7.H of the Gallatin County Subdivision Regulations and a Request for Preliminary Plat Approval for the Logterman Minor Subdivision
2:32:14 PM Belgrade City-County Planner Jason Karp Staff report, submitted email from Gary L. and Lisa Perry labeled Exhibit A, Item #5. Recommended the addition of condition #29, "The fire fill site for the Jansma Minor Subdivision must be operable as required by the Amsterdam Fire District prior to final plat approval." Also, add the standard condition for material alterations.
2:47:34 PM Discussion between the Commission, Jason Karp, and Deputy County Attorney Greg Sullivan
2:49:56 PM Bill Dreyer, HKM Engineering Presentation on behalf of the applicant Leroy Logterman, submitting two area maps labeled Exhibit A, Item #5.
2:55:48 PM Discussion and Questions
2:57:13 PM Leroy Logterman Applicant presentation
2:59:13 PM Discussion and Questions
3:00:56 PM Road and Bridge Engineer George Durkin Comments
3:01:35 PM Discussion between the Commission, Greg Sullivan, George Durkin, and Leroy Logterman
3:03:44 PM There was no public comment.
3:03:47 PM Board discussion including George Durkin and Greg Sullivan
3:09:46 PM Commissioner White Comments, and I would make a motion to approve the subdivision.
3:11:59 PM Commissioner Murdock Second
3:12:06 PM Deputy County Attorney Greg Sullivan Advice
3:12:16 PM Commissioner Murdock I'll remove my second and wait.
3:12:21 PM Commissioner White I'll withdraw my motion for the approval of the subdivision and we'll go back to the issue of the variance and I would move to deny the variance for the paving.
3:12:31 PM Commissioner Murdock Second
3:12:38 PM Board discussion/Findings
3:13:24 PM Motion passed unanimously.
3:13:30 PM Board discussion
3:15:18 PM Commissioner White I would so move that language be added to, I believe that you referenced #26, #27, #28.
3:15:30 PM Chairman Skinner Comments
3:15:45 PM Commissioner White And then to allow the ditch company in condition 27 to dictate the appropriate size of the culverts that are necessary to preserve their water rights
3:15:59 PM Chairman Skinner Discussion between the Commission and Greg Sullivan
3:17:21 PM Commissioner White And then the language of condition #28, 2 through 4, is there not going to be a need for a culvert in 2?
3:17:40 PM Discussion between the Commission and Greg Sullivan
3:17:55 PM Belgrade City-County Planner Jason Karp So #28 could read. "The owner shall obtain a written agreement with the ditch owner to provide for a shared crossing of lots 3 and 4".
3:18:15 PM Discussion between the Commission and Greg Sullivan
3:18:28 PM Deputy County Attorney Greg Sullivan Get rid of #27, comments.
3:18:49 PM Commissioner White Is there a motion out there?
3:18:50 PM Chairman Skinner I don't think we have a motion yet.
3:18:53 PM Discussion between the Commission, and Greg Sullivan
3:19:23 PM Belgrade City-County Planner Jason Karp Suggests a condition to read, "Maintenance easements shall be shown on the final plat showing 5' on one side of the ditch and 15 on the other side or as appropriate approved by the ditch owner. No maintenance of the ditch or changes to the ditch shall occur without prior written consent of the irrigation ditch owner."
3:19:57 PM Discussion between the Commission, Greg Sullivan, and Jason Karp
3:22:23 PM Leroy Logterman Agree to condition changes as outlined.
3:22:32 PM Belgrade City-County Planner Jason Karp States condition #29 to read as follows, "The fire fill site for Jansma Minor Subdivision must be operable as required by the Amsterdam Fire District prior to final plat approval."
3:22:52 PM Commissioner White Comments, I would move that the modifications as pertaining to #26, #28 and then also the new #29 which part of my motion is to remove condition #27 that for approval.
3:23:29 PM Commissioner Murdock Second
3:23:35 PM Board discussion
3:24:02 PM Motion passed unanimously.
3:24:13 PM Commissioner White I would move to approve the subdivision with the conditions as we have on the record.
3:24:23 PM Commissioner Murdock Second
3:24:31 PM Board discussion/Findings
3:26:38 PM Motion passed 2:1. Opposed Commissioner Murdock
3:26:51 PM Chairman Skinner Public Hearing and Decision on a Request for a Conditional Use Permit for Kaufman in the East Gallatin Zoning District
3:27:07 PM Belgrade City-County Planner Heidi Jensen Staff report, add language "Or caretakers home" to staff finding #1.
3:31:54 PM Ray Center, Rocky Mountain Engineers Presentation on behalf of Jeff and Susan Kaufman
3:33:26 PM Discussion between Deputy County Attorney Greg Sullivan and Ray Center
3:34:08 PM Jim Sith Comments
3:34:23 PM Discussion between Jim Sith and Greg Sullivan
3:35:06 PM There was no public comment.
3:35:11 PM Board discussion including Greg Sullivan and Ray Center
3:40:14 PM Commissioner Murdock I move that we approve the CUP with the conditions prepared by Heidi the staff and striking the language on #4 which states, "And not as permitted and not as a permanent dwelling unit." In other words it would just read, "Existing residence shall be used as a guesthouse."
3:40:47 PM Commission comments including Heidi Jensen
3:40:59 PM Belgrade City-County Planner Heidi Jensen Just the word, "preliminary plat". (strike from condition #2)
3:41:06 PM Commissioner Murdock To alter #2 the same way as she just stated.
3:41:14 PM Commissioner White Second
3:41:19 PM Board discussion including Greg Sullivan
3:41:47 PM Deputy County Attorney Greg Sullivan Suggests adding the following condition, "The caretaker residence shall not be rented or leased and shall be occupied only by a person that takes care of the house or land of the owner:"
3:42:07 PM Commissioner Murdock I will add that as a condition #5 if the second would agree.
3:42:11 PM Commissioner White Second
3:42:24 PM Motion passed unanimously.
3:42:27 PM There were no Pending Resolutions.
3:42:30 PM Meeting adjourned.
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