Description Gallatin County Commissioners' Journal No. May 16, 2007
Date 05/16/2007 Location County Commission
Time Speaker Note
2:35:02 PM Chairman Skinner Call to Order. Present were Commissioners Skinner, Murdock, and White, Deputy County Attorney Kate Dinwiddie and Acting Clerk to the Board Mary Miller.
2:35:15 PM Chairman Skinner There was no public comments on any matters within the Commission's jurisdiction.
2:35:31 PM Acting Clerk to the Commission Mary Miller Read the consent agenda as follows: 1. Approval of Contract(s): Contract with CTA Architects & Engineers for Preliminary Architectural and Engineering Plan for a New 911 Communications Building and Memorandum of Understanding between USDA Forest Service and the Gallatin County Sheriff's Office 2. Decision on a Boundary Relocation Exemption from Subdivision Review Request for Kahrl 3. Decision on a Boundary Relocation Exemption from Subdivision Review Request for Little Boy, LLC 4. Decision on a Boundary Relocation Exemption from Subdivision Review Request for Leadbetter
2:36:06 PM There was no public comment.
2:36:16 PM Commissioner White I would make a motion for the approval of the consent agenda that was read into record.
2:36:21 PM Chairman Skinner Second
2:36:26 PM Motion passed unanimously.
2:36:29 PM Chairman Skinner Agenda announced: Regular agenda Item #6, Public Hearing and Decision on Preliminary Plat Approval for the Amended Plat of the Big Sky Town Center Residential West Phase, Amending the Allowed Uses Neighborhood Park A would be continued until June 5, 2007.
2:37:01 PM Chairman Skinner Presentation of Capital Improvement Program Committee FY 2008 Recommendation to the County Commission
2:37:11 PM CIPC Chairman David Smith Presentation
2:49:02 PM Discussion and Questions
2:56:25 PM No action taken.
2:56:30 PM Chairman Skinner Public Hearing and Decision on a Resolution to Transfer County Attorney Vacancy Savings Monies of $6,250.00 into Contracted Services
2:56:57 PM Finance Director Ed Blackman on behalf of County Attorney Marty Lambert Presentation
2:57:50 PM Discussion and Questions
2:57:59 PM There was no public comment.
2:58:06 PM Commissioner Murdock Move to approve Resolution #2007-058.
2:58:13 PM Commissioner White Second
2:58:20 PM Motion passed unanimously.
2:58:29 PM Chairman Skinner Continuation of a Public Hearing and Decision on a Resolution of Road Name Change to Gallatin County (Un-named road off Ponderosa Road to Green Acres Road) (Continued from April 24, 2007)
2:58:44 PM GIS Coordinator Allen Armstrong Presentation
2:59:40 PM Discussion and Questions
3:00:18 PM There was no public comment.
3:00:26 PM Commissioner White I would make a motion for the approval of Resolution #2007-059, and make a motion for the approval.
3:00:36 PM Commissioner Murdock Second
3:01:12 PM Motion passed unanimously.
3:01:26 PM Chairman Skinner Public Hearing and Decision on a Family Transfer Exemption from Subdivision Review for Malmquist
3:01:35 PM County Planner Tim Skop Staff report
3:03:17 PM Dorothy Nowak Sworn in by Deputy County Attorney Kate Dinwiddie and testified under oath.
3:05:29 PM There was no public comment.
3:05:35 PM Board discussion
3:05:41 PM Commissioner White I believe that based upon the applicant's testimony and the intent that they've a, in their testimony as to the purpose of using the family transfer exemption as described in statute I believe that it conforms and its not a, I believe not to be an evasion of subdivision review and I would make a motion to approve it.
3:06:07 PM Commissioner Murdock Second
3:06:13 PM Motion passed unanimously.
3:06:25 PM Chairman Skinner Decision on a Resolution to Adopt the Klungervik Variance in Hebgen Lake Zoning District for Jorgen A. "Bud" Klungervik (Public Hearing held on April 19, 2007)
3:06:41 PM County Planner Christopher Scott Staff report
3:09:33 PM Discussion and Questions
3:10:08 PM Public comment Jorgen A. "Bud" Klungervik
3:10:23 PM Discussion between Christopher Scott and Jorgen A. "Bud" Klungervik
3:11:04 PM Commissioner White Comments, I would make a motion for the approval of (Resolution) #2007-060, to grant a, is it 61? I make a motion for the approval of Resolution #2007-061, and it's a resolution Gallatin County Commission approving the Klungervik variance.
3:12:20 PM Commissioner Murdock Second
3:12:27 PM Motion passed unanimously.
3:12:42 PM Chairman Skinner Announced that Regular agenda Item #6 was continued. Public Hearing and Decision on Preliminary Plat Approval for Brownell Minor Subdivision, Including a Variance From Section 7.J., Table 1 of the Gallatin County Subdivision Regulations Regarding the Right-Of-Way Width Requirements
3:13:08 PM County Planner Sean O'Callaghan on behalf of County Planner Warren Vaughan Staff report
3:16:19 PM Discussion and Questions
3:16:35 PM Chairman Skinner Noted that the last sentence in Staff Finding #6 Roads/Access refers to Condition #24 in error, it should read Condition #11.
3:17:15 PM Road & Bridge Engineer George Durkin Comments
3:18:41 PM Discussion and Questions
3:20:07 PM Bob Lee, Land Use Planner, Morrison-Maierle, Inc Presentation on behalf of the applicant's William and Ladonna Brownell. Suggests modifications to the following conditions: #2 at the beginning of the first sentence add the words "If required"; #3, at the end of both (a) and (b) add the words "if one is created"; #5, strike the second sentence and add, "Utility easements shall be shown along the county rights-of-way and within the 40' access easement"; #7, change "150-foot" to "50-foot"; and #9, change the first sentence to read, "Encroachment permits must be obtained from the County GIS or Road Department for any "new" access points coming off of county-maintained roads.
3:31:41 PM Road & Bridge Engineer George Durkin In agreement to the change in condition #9.
3:32:00 PM Bob Lee, Land Use Planner, Morrison-Maierle, Inc Continued presentation, suggests if variance is granted modifying condition #11, from sixty (60) foot to forty (40).
3:32:38 PM Discussion between Deputy County Attorney Kate Dinwiddie, Bob Lee, and the Commission
3:35:31 PM County Planner Sean O'Callaghan Comments, suggests adding the following condition of approval to the application to read: "Prepare and submit a watercourse mitigation plan for approval of the County Commission prior to final plat approval", comments
3:37:32 PM Discussion and Questions
3:37:54 PM Environmental Health Director Tim Roark Comments
3:38:07 PM Discussion between the Commission, Tim Roark, Kate Dinwiddie, and Bob Lee
3:42:32 PM There was no public comment.
3:42:45 PM Board discussion
3:44:13 PM Commissioner White I'd make a motion to approve the variance and that we have some review criteria 76-3-506, and there's four things that we have to consider, comments (findings) and with that I would make a motion to approve the variance.
3:46:13 PM Commissioner Murdock Second
3:46:18 PM Board discussion/Findings
3:46:30 PM Motion passed unanimously.
3:46:35 PM Commissioner Murdock I move to approve the subdivision subject to tortuously amended conditions.
3:46:41 PM Commissioner White Second
3:46:49 PM Board discussion
3:51:29 PM Commissioner Murdock Comments, I'd suggest we strike condition #20 and #21, completely. Now here's where you might have a problem, I want to leave #22 there, comments.
3:52:17 PM Board discussion
3:54:14 PM Chairman Skinner Comments, suggests language as follows for condition #20, "The subdivider shall have the Central Valley Fire District review and approve the fire protection method in compliance with the Subdivision Regulations", comments.
3:54:33 PM Board discussion
3:54:45 PM Commissioner Murdock I'm gonna suggest we strike #20, #21, and #22, strike em. Condition #11, change it to 40', condition #24(a) and (b) add comma to the very end of it "if one is created", condition #2, at the very end after the word approval put a comma "if required", condition #7, add a new sentence to the effect that they shall also submit a watercourse mitigation plan, and I'm gonna leave condition, #9 add the word "new" between any and success (access). And on #5 do you guys want to do anything about the along side rear yard setbacks on utility easements? Comments
3:55:38 PM Board discussion
3:55:51 PM Chairman Skinner I would be in favor of changing it to Bob's suggestion, which was, "Utility easement shall be shown along the county right-of-way and within the right-of-way of the...", I can't remember, comments.
3:56:16 PM County Planner Sean O'Callaghan Discussion between the Commission, Sean O'Callaghan, and Bob Lee
3:58:06 PM Deputy County Attorney Kate Dinwiddie Advice
3:58:19 PM Commissioner White What would remain would be #20 would be modified to use the first sentence with the words " for new construction" at the end of the first sentence, and #21 would be struck and #22, comments.
3:58:47 PM Discussion between Bob Lee and the Commission
3:59:33 PM Commissioner Murdock You would accept a new condition #20, striking #21 and #22 with the language in condition #20 being, "The subdivider shall provide an appropriate fire protection method in accordance with the Gallatin County Subdivision Regulations for new construction".
3:59:56 PM Board discussion including Kate Dinwiddie and Sean O'Callaghan
4:03:14 PM Commissioner White We're striking #21 and #22, we're going to strike all the sentences in #20 but the first one and the first sentence will say, "The subdivider shall provide an appropriate fire protection method in accordance with the Gallatin County Subdivision Regulations for new construction excluding replacement or residential additions".
4:03:45 PM Board discussion/Findings
4:06:32 PM Motion passed unanimously.
4:06:35 PM There were no Pending Resolutions.
4:06:38 PM Meeting adjourned.
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