Description Gallatin County Commissioners' Journal No. March 28, 2007
Date 03/28/2007 Location County Commission
Time Speaker Note
1:31:59 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.
1:32:06 PM Chairman Skinner There was no public comments on any matters within the Commission's jurisdiction.
1:32:25 PM Commissioner White Read the consent agenda as follows: 1. Approval of County Commission Meeting Minutes from March 6 & 7, 2007 2. Approval of Contract(s): Contract with NBS Tax Billing for Mobile Home, Personal Property and Real Estate Bills Tax Statements in the Amount of $13, 312; Service Agreement for Kyocera Copier (Treasurer's Office #KM-2500) in the Amount of $12 per month, Additional Charges of $0.012 per Page Above 1,000 Copies; and Agreement with Northwestern Energy to Transfer Utility Billing for the Courthouse Annex to Alliance Property Management Pursuant to the Existing Property Management Agreement between Alliance and the County 3. Decision on a Request for a Mortgage Survey Exemption from Subdivision Review for Bailey 4. Decision on a Request for Boundary Relocation Exemption from Subdivision Review for
Hebner
1:33:33 PM There was no public comment.
1:33:44 PM Commissioner Murdock Move to approve the consent agenda as read.
1:33:49 PM Commissioner White Second
1:33:54 PM Motion passed unanimously.
1:33:58 PM Chairman Skinner Board Appointment(s):
1:34:09 PM Commissioner Murdock West Yellowstone/Hebgen Basin Refuse District #2
1:34:39 PM No action taken.
1:35:12 PM Commissioner White Middle Cottonwood Zoning District Board of Adjustment
1:35:35 PM Public comment Anson Crutcher and Attorney Susan Swimley
1:37:14 PM Commissioner Murdock I move that we appoint Ann Rusoff to fill the vacancy.
1:37:20 PM Commissioner White Second
1:37:23 PM Board discussion
1:37:50 PM Motion passed unanimously.
1:37:54 PM Chairman Skinner Gallatin County/Bozeman Area ("Donut") Zoning Board of Adjustment
1:38:28 PM There was no public comment.
1:38:38 PM Board discussion
1:38:47 PM Commissioner Murdock I would move that we appoint Al Lien, comments.
1:38:57 PM Commissioner White Second
1:39:05 PM Motion passed unanimously.
1:39:09 PM Chairman Skinner Public Hearing and Decision on a Family Transfer Exemption from Subdivision Review for Browning
1:39:20 PM County Planner Tim Skop Staff report
1:40:53 PM Timothy R. Browning & Susan K. Browning Sworn in by Deputy County Attorney Greg Sullivan and testified under oath.
1:42:12 PM There was no public comment.
1:42:18 PM Board discussion including Tim Skop
1:43:21 PM Commissioner White I would make a motion to approve the exemption family transfer and I believe from the testimony of the applicants that it meets the criteria of 76-3-207(1)(b) and that I believe that this is an appropriate use of the exemption.
1:43:43 PM Commissioner Murdock Second
1:43:55 PM Motion passed unanimously.
1:43:58 PM Chairman Skinner Public Hearing and Decision on a Family Transfer Exemption from Subdivision Review for Hackbarth
1:44:08 PM County Planner Tim Skop Staff report
1:45:20 PM Discussion and Questions
1:46:40 PM There was no public comment.
1:46:48 PM Commission comments
1:47:23 PM Mark Gary Hackbarth Sworn in by Deputy County Attorney Greg Sullivan and testified under oath.
1:49:30 PM Discussion and Questions
1:50:17 PM There was no public comment.
1:50:25 PM Board discussion
1:51:04 PM Commissioner Murdock I will move that we approve the exemption.
1:51:07 PM Commissioner White Second
1:51:11 PM Board discussion/Findings
1:51:38 PM Motion passed unanimously.
1:51:44 PM Chairman Skinner Public Hearing and Decision on a Resolution of Intention to Create the Trail Creek Road Paving RID
1:52:08 PM Craig Brawner, Morrison-Maierle, Inc Presentation
2:02:57 PM Discussion and Questions
2:04:01 PM County Road & Bridge Superintendent Lee Provance Comments
2:07:41 PM Public comment Jim Givens, Kris Zimmermann, Don Poulsen, James Grenzebach, Pat Estes, Ryan Connelly, Bill Bacon, Norbert Hackl, Stacy Etchart, and Anna Orser
2:25:04 PM Closed public comment.
2:25:06 PM Board discussion
2:29:11 PM Commissioner Murdock I move to approve and this is a resolution of intention? A resolution of intention to create the RID 393, the Trail Creek RID and that is #RID-07-393A.
2:29:31 PM Commissioner White Second
2:29:36 PM Board discussion including Clerk & Recorder, Recording Supervisor Eric Semerad
2:30:38 PM Motion passed unanimously.
2:30:58 PM Chairman Skinner Public Hearing and Decision on Interlocal Agreement between the City of Bozeman and Gallatin County to Expand the Solid Waste Management District to Include the City of Bozeman
2:31:18 PM City of Bozeman, Public Works Director Debbie Arkell Presentation
2:36:49 PM County Administrator Earl Mathers Comments
2:37:55 PM Deputy County Attorney Greg Sullivan Advice
2:38:07 PM Discussion and Questions
2:38:46 PM Public comment Hallie Rugheimer
2:42:14 PM Board discussion including Greg Sullivan
2:45:50 PM Commissioner Murdock I will move to approve the agreement that we saw last Wednesday night at the Refuse District Board meeting and the only major change there, even minor change was that it be one seat for the City of Bozeman being added, not two and that motion would be that's my intention that it would be in principle that agreement with the one seat.
2:46:17 PM Commission comments
2:46:32 PM Commissioner White Second
2:46:37 PM Board discussion including Greg Sullivan
2:47:57 PM Motion passed unanimously.
2:48:16 PM Recess
2:54:24 PM Chairman Skinner Reconvene to meeting. Continuation Public Hearing and Decision on a Request for Preliminary Plat Approval for the Triple Creek Meadows Major Subdivision, Including a Decision on Request for a Variance Regarding Roads, Bridges and Utilities in a 100-Year Floodplain (Section 10.G.1) from the Gallatin County Subdivision Regulations (Continued from February 28, 2007)
2:54:54 PM Belgrade City-County Planner Jason Karp Staff report, submitted a Memorandum from Jeffrey McNabb, P.E. Project Manager of Triple Creek Meadows Subdivision labeled Exhibit A, Item #6
3:03:53 PM Discussion and Questions
3:07:12 PM County Road & Bridge Superintendent Lee Provance Comments and Advice
3:08:47 PM Central Valley Fire District Assistant Fire Chief Bryan Connelley Comments and Advice
3:11:06 PM Discussion between the Commission, Bryan Connelley and Jason Karp
3:13:26 PM Dave MacDonald, DMC, Inc Comments on behalf of applicant Triple Creek Meadows, LLC
3:23:46 PM Discussion between the Commission, Dave MacDonald, and Deputy County Attorney Greg Sullivan
3:27:12 PM There was no public comment.
3:27:24 PM Closed public comment.
3:27:27 PM Board discussion including Greg Sullivan, Dave MacDonald, and Jason Karp
3:43:49 PM Commissioner Murdock I am going to move that we take Option 3 on this East Valley Center Road language.
3:43:56 PM Chairman Skinner On condition #45?
3:43:58 PM Commissioner Murdock Yes, on condition #45.
3:43:59 PM Commissioner White Second
3:44:02 PM Board discussion
3:46:54 PM Motion passed unanimously.
3:46:56 PM Discussion between the Commission, Dave MacDonald, Greg Sullivan, and Jason Karp
3:49:56 PM Commissioner Murdock I move that we adopt conditions #26 and #27 as is.
3:50:07 PM Commissioner White Second
3:50:18 PM Motion passed unanimously.
3:50:22 PM Commissioner Murdock I move that we adopt #54 as rewritten, "Love Lane shall be improved from south boundary of Wylie Creek Ranch Subdivision north to East Valley Center Road prior to final plat approval of any phase that has direct road connection to this section of Love Lane", I am not going to read the rest of it.
3:50:47 PM Chairman Skinner Ok, your moving to keep it as staff wrote it?
3:50:50 PM Commissioner Murdock Yes
3:50:53 PM Commissioner White Second
3:51:02 PM Motion passed unanimously.
3:51:04 PM Discussion between the Commission and Dave MacDonald
3:55:44 PM Jeffrey McNabb, Project Manager, DMC, Inc Comments
3:56:40 PM Discussion between the Commission, Greg Sullivan, and Jason Karp
4:00:22 PM Belgrade City-County Planner Jason Karp Noted the following condition offered by the subdivider: "All lots will have a trail and/or a sidewalk access on at least one side of the street".
4:00:36 PM Discussion between the Commission, Dave MacDonald, Jason Karp, and Greg Sullivan
4:04:49 PM Commissioner White Comments, I would make a motion that for condition #43 that would require a trail or a sidewalk access to every lot that's in the subdivision and that, I am trying to think what we talked about as far as that would come before us before final plat? A trail and sidewalk plan will be presented with final plat for approval.
4:05:51 PM Chairman Skinner Comments
4:05:59 PM Deputy County Attorney Greg Sullivan Comments, each lot has to have direct connection to either a sidewalk or a trail. That direct connection can be across the street for a sidewalk and what I think you want to do as well is have the trails constructed before final plat for each phase and you also want to allow the sidewalks to be constructed under an Improvements Agreement after final plat of that phase within a certain number of years. I think if that, what I just said was put into a motion; I think we could put that into a condition for the Findings of Fact and Order.
4:06:52 PM Commissioner White So moved.
4:06:53 PM Commissioner Murdock Second
4:06:56 PM Board discussion
4:07:04 PM Motion passed unanimously.
4:07:06 PM Discussion between the Commission, Dave MacDonald, and Greg Sullivan
4:09:53 PM Attorney Susan Swimley Comments
4:09:57 PM Discussion between the Commission and Greg Sullivan
4:10:54 PM Chairman Skinner I would suggest leaving condition #24 as to what the staff presented.
4:11:01 PM Commissioner Murdock So moved.
4:11:05 PM Commissioner White Second
4:11:15 PM Motion passed unanimously.
4:11:18 PM Discussion between the Commission, Dave MacDonald, Jason Karp, and Greg Sullivan
4:12:51 PM Commissioner Murdock If the state would like to improve Valley Center Road a little bit sooner I might feel differently but until that happens, I think I will support the developer's request.
4:13:03 PM Commissioner White Second
4:13:13 PM Motion passed unanimously.
4:13:14 PM Commissioner White So for record we are leaving the two accesses.
4:13:18 PM Belgrade City-County Planner Jason Karp Deleting #51 is what you are doing.
4:13:21 PM Discussion between the Commission, Dave MacDonald, Jason Karp, and Greg Sullivan
4:19:02 PM Commissioner Murdock I move to grant the variance to 10.G.1 of the Gallatin County Subdivision Regulations regarding utilities and roads in a floodplain.
4:19:18 PM Commissioner White Second
4:19:24 PM Board discussion/Findings including County Planner Sean O'Callaghan
4:20:56 PM Motion passed unanimously.
4:21:07 PM Commissioner White I would move that we grant approval to the Triple Creek Meadows Subdivision and with all of the conditions that have been discussed and agreed and voted on.
4:21:24 PM Commissioner Murdock Second
4:21:36 PM Board discussion/Findings
4:22:58 PM Motion passed unanimously.
4:23:09 PM There were no Pending Resolutions.
4:23:11 PM Meeting adjourned.
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