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December 23, 2003 Commission Minutes
Description Gallatin County Commissioners' Journal
December 23, 2003
Location Gallatin County Courthouse
  
Time Speaker Note

9:04:14 AM Chairman Vincent Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Vincent, Murdock and Mitchell and County Attorney Lambert and Acting Clerk to the Board Mary Miller.
9:04:58 AM Chairman Vincent Noted that regular agenda Item #5, Public Hearing and Consideration of First Reading of an Ordinance Reducing the Speed on a Portion of Baxter Road East would be continued until December 30, 2003.
9:05:23 AM Commissioner Murdock Read the consent agenda as follows: Approval of Claims. 2. Approval of Contract(s): Paying Agent and Registrar for 2003 GO Bonds.
9:05:58 AM   There was no public comment on matters within the Commission's jurisdiction.
9:06:38 AM Commissioner Mitchell Suggested removing the contract from the consent agenda until the contract could be located and the Paying Agent identified.  
9:07:50 AM Commissioner Mitchell Motion to approve the consent agenda, as amended.
9:07:55 AM Commissioner Murdock Second
9:08:01 AM   Motion passed unanimously.
9:08:03 AM Chairman Vincent  Announcement: Action taken on December 16 regarding the speed reduction ordinance for Fowler Road is Ordinance #2003-016; Action taken on December 16 regarding the speed reduction ordinance for Stucky Road is Ordinance #2003-017; and Action taken on December 16 regarding the speed reduction ordinance for Patterson Road is Ordinance #2003-018.
9:09:58 AM Chairman Vincent Receipt of Petition to Annex Property in the Gallatin County Consolidated Rural Fire District.
9:10:07 AM Clerk and Recorder Shelley Vance Presentation
9:11:41 AM   There was no public comment.
9:11:53 AM Commissioner Murdock Motion to accept the petition prepared by the Clerk and Recorder relating to the qualifications of the signers for a petition requesting annexation into the Gallatin Canyon Consolidated RFD, and follow statute, setting the hearing for January 20, 2004.
9:12:14 AM Commissioner Mitchell Second
9:12:23 AM   Motion passed unanimously.
9:12:25 AM Chairman Vincent Recommendation of Bid Award for EOC/SAR Building
9:12:44 AM DES Coordinator Jason Shrauger Presentation
9:14:12 AM   Discussion and Questions  
9:21:56 AM   There was no public comment.
9:22:06 AM Commissioner Murdock Motion to accept the recommendation of bid award for the EOC/SAR building presented by Mr. Jarrett and Mr. Shrauger and award it to Walker Construction for the amount of $357,950.
9:22:32 AM Commissioner Mitchell Second
9:22:43 AM   Board Discussion  
9:24:06 AM   Motion passed unanimously.
9:24:27 AM Chairman Vincent Public Hearing and Consideration of Board of Investments INTERCAP Loan Application for the Borrowing of $999,000 for Remodel of Current Detention Center for Code and Safety Concerns.
9:24:44 AM Fiscal Officer Ed Blackman Presentation  
9:28:40 AM   There was no public comment.
9:29:22 AM   Discussion  
9:30:22 AM Commissioner Murdock Motion to approve the loan application to INTERCAP for $999,000 for the remodel and fix up of the present jail facility.
9:30:40 AM Commissioner Mitchell Second
9:30:56 AM   Board Discussion  
9:35:54 AM   Motion passed 2:1. (Commissioner Mitchell opposed.)
9:36:04 AM Chairman Vincent Reiterated that regular agenda Item #5, was continued until December 30, 2003.  
9:36:09 AM Chairman Vincent Public Hearing and Resolution to Amend Rae Fire Service Area to Increase the FY 2004 Budget by $20,500 and Appropriating $46,403 in Revenues Received from Fire Impact Fees for Purchasing a Portion of a Fire Station.
9:36:31 AM Fiscal Officer Ed Blackman Presentation
9:37:53 AM   There was no public comment.
9:38:08 AM Commissioner Mitchell Motion to approve Resolution #2003-174.
9:38:31 AM Commissioner Murdock Second
9:38:39 AM   Motion passed unanimously.
9:38:43 AM Chairman Vincent Public Hearing and Consideration of a Resolution to Amend the Gallatin County FY 2004 Budget by Appropriating $10,605.07 in Revenues Received from the U.S. Department of Justice Bulletproof Vest Partnership Program to the Sheriff's Department Capital Outlay Fund.
9:39:05 AM Grants Administrator Larry Watson Presentation
9:40:03 AM   There was no public comment.
9:40:20 AM Commissioner Mitchell Motion to approve Resolution #2003-175.
9:40:38 AM Commissioner Murdock Second
9:40:45 AM   Motion passed unanimously.
9:40:49 AM Chairman Vincent Public Hearing and Consideration of a Resolution to Amend the Gallatin County FY 2004 Budget by Appropriating $7,560 in Revenues Received From the Montana Board of Crime Control, Stop Sticks for Patrol Vehicles to the Sheriff's Department Operating Supplies Fund.
9:41:15 AM Grants Administrator Larry Watson Presentation
9:42:00 AM   There was no public comment.
9:42:10 AM Commissioner Murdock Motion to approve Resolution #2003-176.
9:42:17 AM Commissioner Mitchell Second
9:42:24 AM   Motion passed unanimously.
9:42:30 AM Chairman Vincent Opening of Statements of Qualifications for the Treasure State Endowment Program (Design Engineering of Cameron Bridge Replacement).
9:42:42 AM Grants Administrator Larry Watson Presentation, noting proposals were received from the following: Allied Engineering, HKM, Morrison-Maierle, and Staley Engineering. The evaluation committee will be meeting to review the proposals and negotiate a contract bid price for preliminary engineering and development of a construction bid package for the replacement of Cameron Bridge.  
9:43:49 AM Chairman Vincent Public Hearing and Consideration of Resolution of the Gallatin County Commission Amending the Sypes Canyon No. 1 Zoning Regulation (Public Hearing Held December 11, 2003-Zoning Hearing).
9:44:07 AM County Planner Christopher Scott Presentation
9:44:57 AM   There was no public comment.  
9:45:09 AM Commissioner Mitchell Motion to approve Resolution #2003-177.
9:45:18 AM Commissioner Murdock Second
9:45:26 AM   Motion passed unanimously.
9:45:30 AM Chairman Vincent Public Hearing and Consideration of a Height Variance and Conditional Use Permit within the Gallatin County/Bozeman Area Zoning District for Hall.
9:45:42 AM County Planner Christopher Scott Staff report and submitted Exhibits A and B
9:50:54 AM   Discussion and Questions  
9:54:23 AM Margaret Hall, applicant Presentation
10:00:04 AM   There was no public comment.
10:00:35 AM Commissioner Murdock Motion to grant the variance request for the height as requested by the applicant and as spelled out in the staff report, finding that he did not think the height would be contrary to the public interest, as they are asking for a maximum 6' height variance over the existing buildings, down to a minimum of a 2' variance request. Noting the Bennett's property is the only one that would be adversely impacted at all and given the fact that they are 18' to 20' higher in elevation and they are about a quarter of a mile away. He added that a literal enforcement of this title would be an unnecessary hardship owing to the conditions unique to the property because of the high water table. The spirit of the title would be observed and substantial justice done, based on the text amendment and the similarity of the use and compatibility, adding that the variance meets the criteria.  
10:02:14 AM Commissioner Mitchell Second
10:02:43 AM   Motion passed unanimously.
10:03:03 AM Commissioner Mitchell Motion to grant the CUP, as proposed by the applicant, finding that it meets all the criteria of Section 53.03A of the Regulation, as spelled out in the staff report and with all the conditions in the staff report. Adding that it meets the Subdivision Regulations, Growth Policy, and State Statutes.
10:03:44 AM Commissioner Murdock Second
10:03:50 AM   Discussion and Questions  
10:04:10 AM Commissioner Murdock Labeled the document titled "Gallatin County Conditional Use Application", Exhibit C and entered it into the record finding that the criteria for granting a CUP is spelled out far better than could be articulated. Therefore, he incorporated as findings for the criteria for the CUP.
10:04:36 AM Commissioner Mitchell Concurred
10:04:54 AM   Board discussion
10:05:26 AM   Motion passed unanimously.
10:05:35 AM Chairman Vincent Public Hearing and Consideration of Resolution Regarding Office Closures on December 26, 2003.
10:06:20 AM   There was no public comment.
10:06:41 AM Commissioner Mitchell Motion to approve Resolution #2003-178.
10:06:49 AM Commissioner Murdock Second
10:06:56 AM   Motion passed unanimously.
10:06:57 AM   There was no public comment on matters within the Commission's jurisdiction.
10:07:02 AM   Meeting adjourned.


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