Description
Gallatin County Commissioners' Journal No. March 20, 2007
Date
03/20/2007
Location
County Commission
Time
Speaker
Note
9:03:01 AM
Chairman Skinner
Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Skinner, Murdock, and White, Deputy County Attorney Greg Sullivan and Acting Clerk to the Board Stephanie Young.
9:03:50 AM
Chairman Skinner
There was no public comments on any matters within the Commission's jurisdiction.
9:04:16 AM
Acting Clerk to the Board Stephanie Young
Read the Consent Agenda as follows: 1. Approval of Claims, 2. Decision on a Request for a Non-Material Change to Northstar Major Subdivision Multifamily Phase 2 Final Plat, Changing Multi-Family Structures to Condominium Ownership, and 3. Decision on a Request for a Non-Material Change to Northstar Major Subdivision Multifamily Phase 3 Final Plat, Changing Multi-Family Structures to Condominium Ownership
9:05:02 AM
There was no public comment.
9:05:13 AM
Commissioner White
I would make a motion to approve the consent agenda as read into record.
9:05:18 AM
Commissioner Murdock
Second
9:05:23 AM
Motion passed unanimously.
9:05:26 AM
Chairman Skinner
Decision on a Resolution of Intent to Amend the County Rural Improvement District Construction Fund (RID Fund 4200) by Increasing the Budget by $455,000 for Receipt of RID Bonds for FY 2007
9:05:53 AM
Finance Coordinator Linda Leening
Presentation
9:06:54 AM
There was no public comment.
9:07:02 AM
Commissioner Murdock
I move that we approve Resolution #2007-023, which would allow the County to amend its budget to include the money from the sale of bonds for the Bear Creek RID #391 and the Alder Court RID #392.
9:07:22 AM
Commissioner White
Second
9:07:33 AM
Motion passed unanimously.
9:07:37 AM
Chairman Skinner
Public Hearing and Decision on a Family Transfer Exemption from Subdivision Review Request by C&H Engineering for McMillan
9:07:51 AM
County Planner Tim Skop
Staff Report, stated changes made to the staff report to read: only 2 parcels being created not 3 and the remainder tract 60 acres can be stuck from the staff report.
9:09:38 AM
Discussion between Deputy County Attorney Greg Sullivan, Commission, and Tim Skop
9:11:19 AM
Mark Chandler, C&H Engineering
Comments on behalf of applicant; Darlene McMillan and Jerry Krushensky
9:11:43 AM
Discussion between the Commission and Greg Sullivan
9:12:04 AM
County Planner Warren Vaughan
Comments
9:13:04 AM
Discussion and Questions
9:14:16 AM
Chairman Skinner
Confirmed applicant, Darlene McMillan, was aware that she would be testifying under oath.
9:14:25 AM
Darlene McMillan
Sworn in by Deputy County Attorney Greg Sullivan and testified under oath.
9:15:37 AM
There was no public comment.
9:15:46 AM
Commissioner Murdock
I move that we approve the McMillan family transfer exemption as presented; it complies with the Bozeman Pass Zoning Regulations and Gallatin County Regulations and appears to be a proper use of the transfer exemption.
9:16:02 AM
Commissioner White
Second
9:16:19 AM
Motion passed unanimously.
9:16:25 AM
Chairman Skinner
Public Hearing and Decision on a Boundary Relocation Exemption from Subdivision Review Request for Martin
9:16:35 AM
County Planner Tim Skop
Staff Report
9:18:15 AM
John Pew, Allied Engineering
Comments on behalf of the applicant; Lynn Martin
9:18:56 AM
There was no public comment.
9:19:14 AM
Deputy County Attorney Greg Sullivan
Clarification
9:20:38 AM
Discussion and Questions
9:21:02 AM
Commissioner White
I would make a motion that we approve the boundary realignment pursuant to 76-3-271a.
9:21:15 AM
Commissioner Murdock
Second
9:21:22 AM
Motion passed unanimously.
9:21:38 AM
Chairman Skinner
Agenda Announcement: Item #6: Public Hearing and Decision on a Request for Preliminary Plat Approval for the Domke Minor Subdivision - has been continued until April 10, 2007
9:21:59 AM
Chairman Skinner
Public Hearing and Decision on a Request for Preliminary Plat Approval for Country's Edge Major Subdivision
9:22:10 AM
Belgrade City-County Planner Heidi Jensen
Presentation, submitted three letters received from 4-Dot property owners: Paul J. Schneider dated March 18, 2007, labeled Exhibit A, Item #4; Jean Louis and Lori Gillet dated March 19, 2007, labeled Exhibit B, Item #4; and from Fern Hoolan dated March 17, 2007, labeled Exhibit C, Item #4.
9:35:01 AM
Discussion and Questions
9:38:59 AM
Susan Swimley, Attorney
Comments on behalf of clients; Richard Maus and Chris Peter
9:40:45 AM
Discussion between Deputy County Attorney Greg Sullivan and Susan Swimley
9:41:24 AM
Susan Swimley, Attorney
Requests to strike condition #22 and strike condition #9 entirely.
9:44:20 AM
Discussion and Questions
9:45:15 AM
William Smith, Engineer
Comments on behalf of applicants; Richard Maus and Chris Peter
9:46:45 AM
Discussion and Questions
9:49:31 AM
Public Comment
James Armstrong, Kenneth Yankelevitz, submitted 2 maps, plat j-311 4-Dot Meadows Subdivision and Major Subdivision in Gallatin County
9:57:20 AM
Commission comments
9:59:44 AM
Public Comment
Priscilla Chamberlin, Linda James, Paul Schneider, Melis Edwards, submitted letter read into record, labeled Exhibit F, Item #4, Chris Edwards, submitted letter read into record, labeled Exhibit G, Item #4, Dave Scott, Colleen Turnipseed, submitted letter read into record, labeled Exhibit H, Item #4, Diane Yankelevitz (Referred to 4-Dot Meadows Sub map displayed), Sharlene Anderson, Wendy Christy, and Mike Christy
10:36:16 AM
Closed public comment.
10:36:24 AM
Susan Swimley, Attorney
Rebuttal
10:44:22 AM
Discussion and Questions
10:46:01 AM
Board Discussion including Deputy County Attorney Greg Sullivan and Heidi Jensen
10:48:46 AM
Recess
11:01:21 AM
Reconvene to meeting.
11:01:28 AM
Board Discussion. Chairman Skinner submitted recommended conditions, labeled Exhibit I, Item #4.
11:12:10 AM
Belgrade City-County Planner Heidi Jensen
Comments
11:13:19 AM
Discussion and Questions
11:14:38 AM
Belgrade City-County Planner Jason Karp
Clarification and comments
11:15:41 AM
Discussion between the Commission, Susan Swimley, and Greg Sullivan
11:27:11 AM
Belgrade City-County Planner Jason Karp
Suggested condition #22: The intersections of MT 205 and South Walking Horse Way and 4-Dot Lane, shall be upgraded as required by MDOT as per a warrant analysis completed by the developer and provided by MDOT.
11:27:30 AM
Discussion and Questions
11:28:22 AM
Chairman Skinner
Suggests striking condition #9.
11:28:37 AM
Susan Swimley, Attorney
Agrees to changes and additions of conditions.
11:28:54 AM
Chairman Skinner
Commission comments including Greg Sullivan
11:30:30 AM
No Action Taken.
11:30:31 AM
Chairman Skinner
Noted that the decision will be April 11th, Public Comment on changed conditions only.
11:30:53 AM
Chairman Skinner
Public Hearing and Decision on a Request for Preliminary Plat Approval for Simeone Minor Subdivision
11:31:04 AM
Belgrade City-County Planner Jason Karp
Presentation, suggested changes to conditions as follows: Condition #5(k) - delete, condition #5(l) - delete, condition #21 change to a covenant, make that covenant (m).
11:35:11 AM
Discussion and Questions
11:35:25 AM
Belgrade City-County Planner Jason Karp
Agrees to strike condition #10.
11:35:51 AM
Lewis Burton, Gateway Engineering & Surveying
Comments on behalf of the applicant; David Simeone and Karen Selin
11:38:36 AM
David Simeone
Applicant comments
11:38:55 AM
Public Comment
Darren Douma
11:43:01 AM
Discussion and Questions
11:44:12 AM
Lewis Burton, Gateway Engineering & Surveying
Comments on behalf of the applicant; David Simeone and Karen Selin
11:45:36 AM
Discussion and Questions
11:47:16 AM
Commissioner Murdock
I move that we approve this minor subdivision with the conditions presented by staff, with the exception of deleting condition #5(k) and (l) as they recommended.
11:47:30 AM
Commissioner White
Second
11:47:33 AM
Noted other recommendations to strike condition #10 and move condition #21 to covenant (m).
11:47:39 AM
Commissioner Murdock
I would amend my motion to include that, yes.
11:47:43 AM
Commissioner White
Second
11:47:52 AM
Board Discussion/Findings
11:48:41 AM
Motion passed unanimously.
11:48:48 AM
Chairman Skinner
Public Hearing and Decision on a Request for Preliminary Plat Approval for the Domke Minor Subdivision - has been continued until April 10, 2007 Continuation of a Public Hearing and Decision on a Request for Preliminary Plat Approval for the Montorado Estates Major Subdivision, Including a Decision on a Request for a Variance From the Road Design Standards (Section 7.F.3 of the Gallatin County Subdivision Regulations (Continued from February 27, 2007)
11:49:32 AM
County Planner Warren Vaughan
Staff Report/PowerPoint Presentation, submitted letter from Kerin & Associates dated March 19, 2007, labeled Exhibit A, Item #7.
12:08:21 PM
Discussion and Questions
12:11:09 PM
Daniel Summerfield, Hyalite Engineers
Presentation on behalf of applicants; Kevin Miller and Jackie LeClair, submitted map of Montorado Estates Road Improvements, labeled Exhibit B, Item #7
12:25:28 PM
Jackie LeClair
Applicant comments
12:27:59 PM
Discussion and Questions
12:28:50 PM
Public Comment
Mike Christie
12:30:22 PM
County Road and Bridge Engineer George Durkin
Comments
12:33:21 PM
Discussion and Questions
12:33:52 PM
Kevin Miller
Applicant comments
12:37:07 PM
Board Discussion
12:44:26 PM
Commissioner Murdock
I will move to deny the subdivision.
12:44:31 PM
Chairman Skinner
Second
12:44:39 PM
Board Discussion
12:45:27 PM
Motion to deny 2:1. Commissioner White opposed.
12:45:38 PM
Recess
1:00:42 PM
Reconvene to meeting. Continuation of a Public Hearing and Decision on Request for Preliminary Plat Approval for the Spanish Peaks Resort Phase 4A Major Subdivision (Continued from March 14, 2007)
1:01:04 PM
County Planner Warren Vaughan
Staff Report
1:07:58 PM
Discussion and Questions
1:08:28 PM
Deputy County Attorney Greg Sullivan
Comments
1:08:56 PM
Discussion between Warren Vaughan and Greg Sullivan
1:10:34 PM
Bob Lee, Morrison-Maierle, Inc
Comments on behalf of the applicant; Spanish Peaks Holdings, LLC
1:15:28 PM
Discussion and Questions
1:17:10 PM
Wade Pannell, Spanish Peaks Holdings
Applicant comments, submitted letter from Gary Hermann of proposed language for modified version of condition #10, labeled Exhibit A, Item #8.
1:22:44 PM
Public Comment
Gary Hermann
1:28:16 PM
Wade Pannell, Spanish Peaks Holdings
Rebuttal
1:31:54 PM
Board Discussion including Gary Hermann, Greg Sullivan, Bob Lee, and Wade Pannell
1:40:30 PM
Deputy County Attorney Greg Sullivan
Comments
1:41:05 PM
Commissioner Murdock
I would like to take a walk on the wild side and move that we approve their watercourse mitigation plan.
1:41:13 PM
Commissioner White
Second
1:41:25 PM
Board Discussion/Findings
1:41:51 PM
Motion passed unanimously.
1:41:55 PM
Commissioner Murdock
I move that we approve this phase of the Spanish Peaks Subdivision, with all the conditions that Warren gave us, with the exception of, I would move that we substitute (condition) #10 with the language provided by Mr. Hermann.
1:42:22 PM
Commission comments
1:42:30 PM
Commissioner Murdock
Okay, then I will withdrawal that. And I will move that we substitute Mr. Hermann's condition #10 for the staff reports condition #10.
1:42:38 PM
Commissioner White
Second
1:42:43 PM
Board Discussion
1:43:54 PM
Commissioner Murdock
I would be happy to amend my motion to include that language.
1:44:01 PM
Commissioner White
Second
1:44:12 PM
County Planner Warren Vaughan
Comments
1:44:17 PM
Chairman Skinner
Clarification to language to condition #10, labeled Exhibit A, Item #8 to read as: The subdivision shall enter into agreements with all affected parties for the shared maintenance of the access roads between Highway 64
1:44:42 PM
Motion passed unanimously.
1:44:47 PM
Deputy County Attorney Greg Sullivan
Recommended that conditions #6 and #32 be deleted.
1:45:06 PM
Discussion between the Commission, Greg Sullivan, and Warren Vaughan
1:45:48 PM
Commissioner Murdock
I move that we approve this subdivision with the conditions present by staff, with condition #10 as amended and with the deletion of conditions #6 and #32.
1:46:01 PM
Commissioner White
Second
1:46:07 PM
Board Discussion/Findings including Greg Sullivan and Warren Vaughan
1:52:12 PM
Motion passed unanimously.
1:52:15 PM
There were no Pending Resolutions.
1:52:18 PM
Meeting Adjourned.
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