Description Gallatin County Commissioners' Journal No. 51 April 6, 2010
Date 04/06/2010 Location County Commission
Time Speaker Note
9:02:14 AM Chairman Skinner Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Murdock, Skinner, and White, Deputy County Attorney Jecyn Bremer and Acting Clerk to the Board Melissa Rivnie.
9:03:07 AM Chairman Skinner There was no public comment on any matters within the Commission's jurisdiction.
9:03:17 AM Chairman Skinner Agenda Anouncement: Regular Agenda Item #9 Public Hearing and Consideration of a Request by Valkyrie, LLC on a Resolution on Intent to Adopt a Zone Map Amendment Changing the Zoning of Five Lots in the Northstar Subdivision Multifamily Phase II from Rural Residential and Agricultural to Mixed Use Within the Four Corners Zoning District has been rescheduled to May 11, 2010 and Regular Agenda Item #2 Public Hearing and Presentation of the Auditor's 1st and 2nd FY2010 Quarterly Reports has been continued to April 13, 2010.
9:03:43 AM Acting Clerk to the Board Melissa Rivnie Read the consent agenda as follows: 1. Approval of Claims; 2. Approval of Meeting Minutes of March 16, 2010; 3. Approval of Budget Transfer for the Health/Admin and the EHS Department from Admin Salary to EHS Salary ($19,429) and from Admin Employer Contributions to EHS Employer Contributions ($4,529); and 4. Approval of Contract Modification #1 to Phase II Wastewater Study Contract with Stahly Engineering (Time Extension to 7/15/10).
9:04:27 AM There was no public comment.
9:04:36 AM Commissioner White I'd make a motion to approve the consent agenda that was just read into record.
9:04:41 AM Commissioner Murdock Second
9:04:43 AM Motion passed unanimously.
9:04:47 AM Chairman Skinner Public Hearing and Decision on a Bid Award Recommendation for the Fairgrounds Restroom Project
9:05:01 AM Grants Administrator Larry Watson Presentation
9:06:16 AM Discussion and Questions
9:09:41 AM There was no public comment.
9:09:45 AM No action taken.
9:09:57 AM Chairman Skinner Public Hearing and Presentation of the Auditor's 1st and 2nd FY2010 Quarterly Reports
9:10:05 AM Auditor Jennifer Blossom Comments
9:10:34 AM No action taken, continued to April 13, 2010
9:10:44 AM Chairman Skinner Presentation of Capital Improvement Program Committee FY 2011 Project Recommendations
9:10:56 AM David Weaver, Chairman, Capital Improvement Planning Committee Presentation
9:11:53 AM Discussion and Questions
9:16:20 AM There was no public comment.
9:16:32 AM Board Discussion
9:16:45 AM No action taken.
9:17:00 AM Chairman Skinner Public Hearing and Decision on a Resolution Amending the Stimulus Activities FY2010 Operating Budget to Include Revenues in the Amount of $44,715 Received from the US Department of Justice under the Sheriff's Budget Justice Assistance Grant for the Purchase of Mobile Data Computers for the Canyon Section of the Gallatin County
9:17:24 AM Grants Administrator Larry Watson Presentation
9:18:05 AM Discussion and Questions
9:18:53 AM There was no public comment.
9:18:59 AM Chairman Skinner This is Resolution #2010-038.
9:19:03 AM Commissioner Murdock Move to approve.
9:19:05 AM Commissioner White Second
9:19:09 AM Motion passed unanimously.
9:19:31 AM Chairman Skinner Public Hearing and Decision Regarding a Family Transfer Exemption Request from Subdivision Review for Promisco
9:19:41 AM County Planner Ada Montague Staff Report
9:21:52 AM Discussion and Questions
9:22:08 AM Michael A. Promisco, Applicant Sworn in by Deputy County Attorney Jecyn Bremer and testified under oath.
9:24:39 AM Discussion and Questions
9:25:10 AM There was no public comment.
9:25:16 AM Commissioner White Based upon what was put on the record by the applicant, I believe it complies with the demands of 76-3-207-1(b), and I would support it with a motion for approval.
9:25:32 AM Commissioner Murdock Second
9:25:38 AM Board Discussion
9:25:45 AM Motion passed unanimously.
9:25:51 AM Chairman Skinner Public Hearing and Decision Regarding a Family Transfer Exemption Request from Subdivision Review for Williams
9:25:59 AM County Planner Ada Montague Staff Report
9:28:28 AM Discussion and Questions
9:29:22 AM Shelley Williams, Applicant Sworn in by Deputy County Attorney Jecyn Bremer and testified under oath.
9:32:06 AM Discussion and Questions
9:32:19 AM There was no public comment.
9:32:25 AM Board Discussion/Findings
9:33:30 AM Commissioner Murdock I move that we approve it.
9:33:32 AM Commissioner White Second
9:33:36 AM Board Discussion
9:33:54 AM Motion passed unanimously.
9:33:59 AM Chairman Skinner Public Hearing and Decision on a Resolution of the Gallatin County Commission Approving a Request for a Conditional Use Permit for Les Green/TNT Fireworks to allow Temporary Retail Sales of Fireworks in the Agricultural Suburban Sub-district of the Gallatin County Bozeman Area Zoning District
9:34:19 AM County Planner Ada Montague Staff Report
9:34:43 AM Discussion and Questions
9:37:51 AM There was no public comment.
9:38:02 AM Commissioner White I support this, and I would support it with a motion for approval.
9:38:08 AM Commissioner Murdock Second
9:38:13 AM Board Discussion/Findings
9:39:32 AM Motion passed unanimously.
9:40:59 AM Chairman Skinner Recess
9:46:07 AM Chairman Skinner Reconvene to meeting. Public Hearing and Decision Regarding Yellowstone Alliance Adventures Conditional Use Permit Application in South Cottonwood Canyon Zoning District
9:46:14 AM Code Compliance Specialist Amy Waring Staff Report; submitted additional public comment labeled Exhibit A, Item #8
9:52:17 AM Discussion and Questions
10:24:34 AM Jim Hawthorne, Executive Director, Yellowstone Alliance Adventures Applicant PowerPoint Presentation; submitted additional public comment letters labeled Exhibit B, Item #8 and Statements of Support labeled Exhibit C, Item #8
10:58:31 AM Discussion and Questions
11:17:24 AM Recess
11:31:52 AM Public Comment Reconvene to meeting. Cindy Daines; Nadine Brown; Laef Olson; Rich Inman; Joe Velli; Debbie Velli; Ted Roth; Leslie Fantelli; Melinda Manke; Diane Luebbers; Roy Neese; Don Dillayou; Bryan Loewen; John Meier; Jack Pollari; and Katrin Voulkos
12:11:12 PM Closed public comment.
12:11:25 PM Jim Hawthorne, Executive Director, Yellowstone Alliance Adventures Applicant Rebuttal
12:25:42 PM Discussion between the Commission, Jim Hawthorne, and County Road & Bridge Engineer George Durkin
12:39:13 PM Board Discussion
12:42:29 PM Commissioner White I'll make a motion to approve the item #1, which was the CUP approval for an existing 29, or actually 30 structures identified in the table on pages 3 & 4 uses to change zoning as from pre-existing non-conforming to a permitted conditional use and related to that, it was the staff condition #3 and I would modify that to "600 square feet".
12:43:07 PM Commissioner Murdock Second
12:43:14 PM Board Discussion/Findings including Amy Waring, Deputy County Attorney James Greenbaum
12:51:45 PM Motion passed unanimously.
12:52:02 PM Board Discussion
12:55:24 PM Code Compliance Specialist Amy Waring Just a clarification: Request #2 is after-the-fact approval for the existing office building, the picture of which is on page 5 of the staff report.
12:55:33 PM Commissioner Murdock Comments, vote to approve.
12:55:38 PM Commissioner White Second
12:55:45 PM Board Discussion/Findings including Amy Waring and James Greenbaum
1:07:27 PM Motion passed unanimously.
1:07:34 PM Board Discussion including Amy Waring, Jim Hawthorne, and County Planner Randy Johnson
1:14:11 PM Commissioner White I'll make a motion to modify the first consideration for, to accommodate the modification of, to exclude the first, that one staff building that's been mentioned on record to, that would not be required to conform to the 600 square foot demand. Comments. 1,500 square feet limit. Up to 700 additional square feet.
1:15:11 PM Board Discussion including Jim Hawthorne
1:16:05 PM Commissioner Murdock Second
1:16:30 PM Motion passed unanimously.
1:16:42 PM Board Discussion including James Greenbaum, Jim Hawthorne, and Amy Waring
1:46:19 PM Commissioner Murdock So moved, that phase 1 of request 3, we approve it with the conditions to be as follows, (comments) and I would like to add, (comments) I want some language about the buildings being screened from view and mitigation to the extent possible from adjoining properties, all the concerns about dust, noise, height, vision, etc. And that would include elevations and site plans.
1:47:17 PM Chairman Skinner And the fireworks condition--could we put, "restrict fireworks to uses by staff"?
1:47:25 PM Commissioner Murdock Yes.
1:47:27 PM Board Discussion including James Greenbaum, Amy Waring, and Jim Hawthorne
1:53:54 PM Chairman Skinner Amy, could you read back what you think our intent of Bill's motion is?
1:54:06 PM Code Compliance Specialist Amy Waring So under the third request, you are looking to approve Phase 1 which includes constructing the four-plex cabin with the design plans as shown in Mr. Hawthorne's presentation, the square footage is larger than what's in the staff report, the size of that is 5,952 total plus a porch that's two stories. Create the 10-cabin village, which would include moving or reconstructing 5 new cabins and building 3 new cabins, each cabin would not be under 600 square feet, each of those 5 cabins can already be increased up to 600 square feet under your approval of request #1. Construct a bath house for the cabin village not to exceed 1,000 square feet, construct one staff lodging structure, size to be determined, we're establishing a maximum size limit of 3,500 square feet, you may want to figure out on the
site plan which staff housing that is. And then the coverage shelter with maintenance shop size, 6,000 square feet, and that this shall go thru site plan review approved by staff ensuring that buildings have been screened from view and colors, etc. are compatible with the development of the area and just leaving discretion to staff to approve that site plan.
1:55:32 PM Commissioner Murdock And I would add, consistent with the intent and purpose of the district on page 5.
1:55:37 PM Chairman Skinner And the changes to conditions, too.
1:55:42 PM Code Compliance Specialist Amy Waring Yeah, and then your staff suggested conditions, you have changed #5 to just mirror the quiet hours in the regulation, #6 is specific to ATVs and snowmobiles, and would not include recreational vehicles, campers of that sort. And then #7, airborne fireworks shall be only used by staff. I haven't heard what you've done with #8 yet, and I don't think you are changing #1 or #2.
1:56:14 PM Commissioner Murdock I was going to say 15 years for #8.
1:56:20 PM Board Discussion/Findings including Amy Waring
1:58:40 PM Commissioner White Second
1:58:41 PM Chairman Skinner So your motion was basically what Amy clarified?
1:58:45 PM Commissioner Murdock Yes.
1:58:53 PM Board Discussion/Findings including Amy Waring and James Greenbaum
2:00:16 PM Motion passed unanimously.
2:00:21 PM Board Discussion including Jim Hawthorne
2:01:49 PM Chairman Skinner Board Appointment: Open Lands Board
2:02:27 PM There was no public comment.
2:02:34 PM Commissioner Murdock Move to appoint Steven (Barber), Patti (Davis), Nathan (Goodman), William (Guza), Ami (Russell Grant), Ryan (Trenka), and Jennifer Erickson and continue advertising for the remaining vacancies.
2:02:44 PM Commissioner White Second
2:02:47 PM Motion passed unanimously.
2:02:51 PM Meeting Adjourned.
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