Description Gallatin County Commissioners' Journal No. 51 September 6, 2011
Date 09/06/2011 Location County Commission
Time Speaker Note
9:02:17 AM Chairman Murdock Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners White, Murdock and Skinner, Deputy County Attorney Chris Gray, and Acting Clerk to the Board Veniece Lindemulder.
9:03:11 AM Chairman Murdock Announcement: Reminder to the public that the meeting is being recorded, televised live by Bresnan Communications and streamed over the internet. Also, Commissioner White will be excused at 10:30am for a medical appointment.
9:03:36 AM Chairman Murdock There was no public comment on matters within the Commission's jurisdiction.
9:03:52 AM Acting Clerk to the Board Veniece Lindemulder Read the consent agenda as follows: 1. Approval of Claims, 2. Approval of Contracts: Agreement for Receipt of Resort Tax Funds for FY2011-2012 ($122,498.00), Bozeman Youth Initiative for Community Service Program Placement; Sime Construction Change Order 1 for RID 396 (Contract 2011-035) ($12,000); Sime Construction Change Order 2 for RID 396 (Contract 2011-035 ($84,487.50), 3. Approval of Tax Levies Required by the Gallatin County Elementary and High School Districts Pursuant to State Law
9:05:04 AM There was no public comment.
9:05:11 AM Commissioner White I make a motion to approve the consent agenda.
9:05:13 AM Commissioner Skinner Second
9:05:14 AM Motion passed unanimously.
9:05:21 AM Commissioner White Public Hearing and Decision on a Resolution Fixing Elementary and High School Retirement and Transportation Mills as Calculated by the County Superintendent of Schools, Pursuant to State Law
9:05:40 AM Superintendent of Schools Mary Ellen Fitzgerald Presentation
9:08:10 AM There was no public comment.
9:08:41 AM Finance Director Ed Blackman Comments
9:09:13 AM Discussion and Questions
9:09:34 AM There was no public comment.
9:09:44 AM Commissioner White I'd make a motion to approve Resolution #2011-082 which is, as described on record.
9:09:51 AM Commissioner Skinner Second
9:09:55 AM Board discussion
9:10:14 AM Motion passed unanimously.
9:10:21 AM Commissioner Skinner Public Hearing and Presentation of the Gallatin County Treasurer's Monthly Report for June and July 2011
9:10:31 AM Treasurer Kimberly Buchanan Presentation (June)
9:11:53 AM Discussion and Questions
9:12:32 AM Treasurer Kimberly Buchanan Presentation (July)
9:15:39 AM Discussion and Questions
9:15:52 AM There was no public comment.
9:16:15 AM Commissioner Skinner I'll move, Mr. Chair, to accept the June and July (2011) County Treasurer's Report
9:16:20 AM Commissioner White Second
9:16:23 AM Motion passed unanimously.
9:16:28 AM Chairman Murdock Public Hearing and Decision on Second Reading of a Speed Ordinance for Holland Road Lane
9:16:35 AM There was no objection from the public to reading a summary of the Ordinance in lieu of a full reading.
9:16:45 AM Deputy County Attorney Chris Gray Summarized second reading of Ordinance #2011-006
9:18:01 AM There was no public comment.
9:18:11 AM Commissioner Skinner Move to approve Ordinance #2011-006 at second reading.
9:18:18 AM Commissioner White Second
9:18:23 AM Motion passed unanimously.
9:18:30 AM Commissioner White Public Hearing and Decision on an Appeal of the Zoning Enforcement Agent's Interpretation Regarding Signs on the Dane Watkins Property in the Hebgen Lake Zoning District
9:18:43 AM County Planning Director Sean O'Callaghan Staff report, submitted photograph of Dane Watkins' sign labeled Exhibit A, Item #4
9:19:55 AM Discussion and Questions
9:20:24 AM County Planning Director Sean O'Callaghan Staff report, continued
9:25:05 AM Discussion and Questions
9:26:08 AM Public Comment Sharon Watkins, submitted photographs of signs on the Watkins property labeled Exhibit B, Item #4; Lynda Caine; Dane Watkins, submitted photographs labeled Exhibit C, Item #4; George Watkins; and Sharon Watkins (rebuttal).
9:42:10 AM Closed public comment.
9:42:16 AM Commissioner Skinner I'm going to move to uphold the zoning enforcement agent's determination.
9:42:23 AM Commissioner White Second
9:42:29 AM Board discussion
9:43:14 AM Motion passed 2:1. Chairman Murdock opposed.
9:43:33 AM Commissioner Skinner Public Hearing and Decision to Enter into an Agreement with Kailo Design & Development to Satisfy Amended Condition #14 of the Aspen Springs Major Subdivision Concerning the Subdivider's Proportional Contribution Toward Improvements to Tayabeshockup Road
9:43:51 AM County Planning Director Sean O'Callaghan Staff report
9:46:29 AM Attorney Susan Swimley Presentation on behalf of client Kailo Design & Development
9:46:59 AM There was no public comment.
9:47:12 AM Commissioner White Comments, I'd make a motion for the County Commission to approve the signature of this, agree to this agreement with a signature.
9:47:26 AM Commissioner Skinner Second
9:47:30 AM Deputy County Attorney Chris Gray Comments, recommended amending the motion that approval be condition on payment of $86,691.80 by the developer.
9:47:45 AM Commissioner White I would amend my motion to require that.
9:47:49 AM Commissioner Skinner And I'll amend my second.
9:48:02 AM Board discussion
9:48:42 AM Motion passed unanimously.
9:48:48 AM Chairman Murdock Public Hearing and Decision on a Request for Preliminary Plat Approval for the Grayling Minor Subdivision, Including a Variance from Appendix I - Section 5, Fire Protection Requirements of Providing a Fire Protection Water Supply, and a Waiver from Performing a Flood Study and Flood Hazard Evaluation
9:49:15 AM County Planner Christopher Scott Staff report
9:58:19 AM Discussion and Questions
10:01:30 AM County Planning Director Sean O'Callaghan Comments
10:02:19 AM Greg Fink, Allied Engineering, Inc. Presentation on behalf of applicants Bill Howell and Clyde Seely
10:03:22 AM Discussion and Questions
10:03:49 AM Clyde Seely Applicant comments
10:07:53 AM Bill Howell Applicant comments
10:08:40 AM There was no public comment.
10:08:55 AM Closed public comment.
10:09:00 AM Board discussion
10:09:08 AM Commissioner Skinner I would move to waive the requirement for a formal flood study and flood hazard evaluation and to, I'm going to put this into my motion. I'm not sure how I'm going, and to uphold the Condition #13 with the no-build zone.
10:09:30 AM Commissioner White Second
10:09:36 AM Board discussion/Findings including Christopher Scott
10:10:30 AM Motion passed unanimously.
10:10:45 AM Commissioner Skinner I'll move to approve the variance as requested.
10:10:49 AM Commissioner White Second
10:10:50 AM Chairman Murdock Do you want to include in that variance the removal of Condition #14?
10:11:01 AM Commissioner Skinner Yes.
10:11:03 AM Commissioner White Second agrees.
10:11:09 AM Board discussion/Findings including Christopher Scott, who clarified that the applicant will comply with the fire protection sprinklers but is specifically requesting a variance from providing any type of water supply, as stated in the Gallatin County Subdivision Regulations, Appendix I, Section 5 - Fire Protection Requirements for Two- to Five-Lot Minor Residential Subdivisions.
10:14:19 AM Motion passed unanimously.
10:14:24 AM Commissioner Skinner Move to approve the subdivision, Grayling 2-Lot Minor Subdivision.
10:14:29 AM Commissioner White Second
10:14:32 AM Chairman Murdock For clarification, what are the conditions?
10:14:37 AM Commissioner Skinner With the conditions as stated, written and amended in the variance discussion.
10:14:47 AM Chairman Murdock Does the second agree with that?
10:14:49 AM Commissioner White Second agrees.
10:14:52 AM Board discussion/Findings
10:16:14 AM Motion passed unanimously.
10:16:29 AM Commissioner White Public Hearing and Decision on a Request for Common Boundary Relocation Exempt from Subdivision Review for Wortman
10:16:49 AM County Planner Warren Vaughan PowerPoint Presentation
10:19:59 AM Discussion and Questions
10:21:14 AM Jerry Wortman Applicant comments
10:21:23 AM Discussion between the Commission, Jerry Wortman and Deputy County Attorney Chris Gray
10:22:25 AM There was no public comment.
10:22:33 AM Commissioner Skinner Move to approve this boundary relocation.
10:22:36 AM Commissioner White Second
10:22:40 AM Board discussion/Findings including Warren Vaughan
10:24:20 AM Motion passed unanimously.
10:24:32 AM Commissioner Skinner Public Hearing and Decision on a Request for a Fourth Extension of the Improvements Agreement for Phase One of the Black Bull Run Major Subdivision
10:24:41 AM County Planner Randy Johnson Staff report
10:26:30 AM Discussion and Questions
10:27:17 AM Attorney Steve Barrett Presentation on behalf of client Black Bull Owner, LLC
10:28:50 AM There was no public comment.
10:29:10 AM Commissioner White I'd make a motion to grant approval for this extension for the Black Bull Major Subdivision for Phase 1 (Improvements Agreement).
10:29:18 AM Commissioner Skinner I think we're on the Improvements Agreement.
10:29:22 AM Commissioner White Improvements agreement, okay.
10:29:24 AM Commissioner Skinner Second
10:29:29 AM Discussion between the Commission, Randy Johnson and Deputy County Attorney Chris Gray.
10:30:33 AM Motion passed unanimously.
10:30:41 AM Chairman Murdock Public Hearing and Decision on a Request for a Fourth One-Year Extension of the Preliminary Plat Approval Period for Phase Two of the Black Bull Run Major Subdivision
10:30:50 AM Discussion between the Commission, County Planner Randy Johnson and Deputy County Attorney Chris Gray
10:31:22 AM Attorney Steve Barrett Presentation on behalf of client Black Bull Owner, LLC
10:32:20 AM Commissioner Skinner I'll move to grant the fourth one-year extension for Black Bull, and this is on Phase 2.
10:32:28 AM Commissioner White Second
10:32:32 AM Board discussion
10:33:07 AM Motion passed unanimously.
10:33:13 AM Commissioner White Public Hearing and Decision on a Request for by Black Bull Run for an Interpretation of Use Classification Pursuant to Section 1.3.6 of the Four Corners Zoning Regulation Concerning Improvements Related to Expansion of the Existing Club House Facility
10:33:33 AM County Planning Director Sean O'Callaghan Staff report
10:33:47 AM Chairman Murdock Announcement: Commissioner White is excused.
10:33:53 AM County Planning Director Sean O'Callaghan Staff report continued
10:35:49 AM Discussion and Questions
10:38:19 AM Attorney Steve Barrett Comments on behalf of client Black Bull Owner, LLC
10:38:47 AM There was no public comment.
10:38:54 AM Commissioner Skinner I move to allow Black Bull Run to proceed with the club house improvements with a land use permit.
10:39:03 AM Chairman Murdock Second
10:39:07 AM Board discussion/Findings including Deputy County Attorney Chris Gray
10:40:10 AM Motion passed unanimously.
10:40:21 AM Chairman Murdock Public Hearing and Decision on a Request for an Extension of Preliminary Plat Approval for the Woodland Park Major Subdivision
10:40:35 AM County Planning Director Sean O'Callaghan Staff report
10:41:51 AM There was no public comment.
10:41:58 AM Commissioner Skinner Move to approve the one-year extension for Woodland Park Major Subdivision.
10:42:02 AM Chairman Murdock Second
10:42:05 AM Board discussion
10:42:23 AM Motion passed unanimously.
10:42:29 AM Meeting adjourned.
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