Description Gallatin County Commissioners' Journal
November 18, 2003
Location Gallatin County Courthouse
Time Speaker Note
9:04:00 AM Chairman Vincent Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Vincent, Mitchell and Murdock, County Attorney Lambert and Acting Clerk to the Board Kathy Sinnema. Agenda adjustment: Regular Agenda #4 Public Hearing to Consider Petition to Abandon Skinner Road has been withdrawn. "I have heard that everyone that signed that petition to abandon the road has retracted their signatures from the petition and so we are assuming that that makes that issue null and void, at least for the present time." Public comment on any matters within the Commission's jurisdiction.
9:05:38 AM Joe Gutkoski Public comment regarding Skinner Road issue.
9:07:32 AM Commissioner Murdock Read the Consent Agenda as follows: 1. Approval of Claims 2. Request for Mortgage Survey Exemption for Gehrke 3. Request for Boundary Relocation Exemption for Majxner/Collier 4. Approval of Contract: Mail and Courier Services Agreement-Same Day Delivery
9:08:33 AM Public comment County Planner Victoria Drummond requests continuance on Consent Agenda Item #3 until 11/25/03.
9:09:01 AM Commissioner Mitchell Motion to approve the agenda as modified.
9:09:03 AM Commissioner Murdock Second
9:09:07 AM Motion passed unanimously.
9:09:12 AM Chairman Vincent Board Appointment
9:09:23 AM Commissioner Mitchell Board of Adjustments
9:10:09 AM Chairman Vincent There was no public comment.
9:10:19 AM Commissioner Murdock Motion to reappoint Mr. Miller and Mr. Pfaehler to the Board of Adjustments.
9:10:24 AM Commissioner Mitchell Second
9:10:34 AM Motion passed unanimously.
9:10:38 AM Commissioner Mitchell Motion to reappoint Steve White to the Board of Adjustments.
9:10:52 AM Commissioner Murdock Second
9:11:00 AM Motion passed unanimously.
9:11:07 AM Chairman Vincent Resolution Relating to $705,000 General Obligation Refunding Bonds, Series 2003; Fixing the Form and Details, Making Covenants with Respect Thereto Authorizing the Execution and Delivery and Levying Taxes for the Payment Thereof
9:11:34 AM Fiscal Director Ed Blackman Presentation
9:12:58 AM Commission question
9:13:15 AM Bridget Ekstrom, Underwriter, D.A. Davidson Applicant presentation
9:13:57 AM Chairman Vincent There was no public comment.
9:14:07 AM Board discussion
9:14:47 AM Commissioner Murdock Motion to approve Resolution #2003-152.
9:14:55 AM Commissioner Mitchell Second
9:15:02 AM Motion passed unanimously.
9:15:07 AM Chairman Vincent Public Hearing and Consideration of a Resolution of Intent to Amend the Public Safety FY 2004 Operating Budget to Include New Revenues in the Amount of $21,000 to Cover Overtime Expenses Associated with the Selective Traffic Enforcement Program
9:15:30 AM County Sheriff Jim Cashell Presentation
9:17:10 AM Chairman Vincent There was no public comment.
9:17:15 AM Commissioner Mitchell Motion to approve Resolution 2003-153.
9:17:19 AM Commissioner Murdock Second
9:17:24 AM Motion passed unanimously.
9:18:25 AM Chairman Vincent Agenda adjustment: Proceed with Item #8 Continuation on Request for Common Boundary Relocation Exemption for Anderson
9:18:38 AM County Planner Victoria Drummond Staff report
9:19:41 AM Public comment County Attorney, Marty Lambert
9:20:36 AM Dennis Foreman, Surveyor, Gaston Engineering Presentation on behalf of the applicant, W. James Anderson, Jr.
9:21:25 AM Commission questions
9:22:34 AM County Attorney Marty Lambert Correct a statement made in error for the record.
9:23:41 AM Board discussion
9:24:48 AM Commissioner Mitchell Understanding the reason for denial, that we need to have this on the record, I move that we do deny this application for relocation of common boundaries.
9:25:00 AM Chairman Vincent Second
9:25:04 AM Motion passed 2:0 (Commissioner Murdock abstained)
9:25:20 AM Chairman Vincent Agenda adjustment: Public Hearing and Consideration of a Road Name Change in Gallatin County from Chestnut Avenue to Chestnut Grove Avenue
9:25:36 AM GIS Coordinator Allen Armstrong Presentation
9:27:42 AM Public comment Kathy Umbaugh
9:29:34 AM Commission questions
9:41:56 AM Board discussion
9:42:20 AM Commissioner Mitchell Motion to approve Resolution #2003-104A changing the name of Chestnut Avenue to Chestnut Grove Avenue.
9:42:33 AM Chairman Vincent Second
9:42:45 AM Board discussion
9:44:50 AM Motion passed 2:1 (Commissioner Murdock opposed)
9:45:02 AM Chairman Vincent Public Hearing and Consideration of a Road Name Change in Gallatin County from Cross Cut Trail to Crosscut Trail
9:45:13 AM GIS Coordinator Allen Armstrong Presentation
9:45:53 AM Commission questions
9:46:42 AM Chairman Vincent There was no public comment.
9:46:52 AM Commissioner Mitchell Motion to approve Resolution 2003-154.
9:46:58 AM Commissioner Murdock Second
9:47:05 AM Motion passed unanimously.
9:47:12 AM Chairman Vincent Public Hearing and Consideration of Level One Approval of the Expenditure of Funds from the Open Space Bond Fund for the Purchase of a Conservation Easement Owned by Con and Daphne Gillam of Bozeman
9:47:34 AM Open Lands Board Coordinator Mike Harris Presentation
9:48:43 AM Commission question
9:49:05 AM Chairman Vincent There was no public comment.
9:49:21 AM Commission questions
9:50:02 AM Commissioner Murdock Motion that we approve the Level 1 funding application for Gillams in the amount of $30,000 as presented to us by Mike Harris.
9:50:12 AM Commissioner Mitchell Second
9:50:19 AM Motion passed unanimously.
9:50:25 AM Chairman Vincent Public Hearing and Consideration of Request for Family Transfer Exemption for Neth
9:50:33 AM County Planner Victoria Drummond Staff Report
9:52:22 AM Commission questions
9:53:11 AM Chairman Vincent Confirm that applicant, Cherie Neth, was informed she would be asked questions before testimony.
9:53:23 AM County Attorney Marty Lambert Oath and questions of applicant.
9:58:33 AM Chairman Vincent There was no public comment.
9:58:46 AM Commissioner Murdock Based on the testimony received and the information received I think that this is a proper use of the exemption therefore move for approval of the Neth family transfer.
9:58:58 AM Commissioner Mitchell Second
9:59:05 AM Motion passed unanimously.
9:59:14 AM Chairman Vincent Public Hearing and Consideration of Approval for Final Plat Approval of the Sime/Cook/Lyons Minor Subdivision
9:59:23 AM County Planner Victoria Drummond Staff report
10:01:16 AM Ron Allen, Surveyor, Allen & Associates Presentation on behalf of the applicant
10:01:40 AM Commissioner Murdock Motion to grant final plat approval to the Sime/Cook/Lyons Minor Subdivision based on the information submitted, it conforms to all the conditions of approval that were set forth in the preliminary plat, and it meets the terms of the law in our County sub. regs.
10:01:58 AM Commissioner Mitchell Second
10:02:03 AM Motion passed unanimously.
10:02:10 AM Chairman Vincent Continuation on Public Hearing and Consideration of the Amended Plat of the Lionhead Homesites Major Subdivision
10:02:27 AM County Planner Sean O'Callaghan Staff report
10:03:50 AM Commission questions of Greg Finck, Allied Engineering, representing applicants.
10:05:01 AM Chairman Vincent There was no public comment.
10:05:10 AM Commission questions
10:05:32 AM County Attorney Marty Lambert Advice to take two separate actions.
10:05:50 AM Commissioner Murdock Motion that regarding the disposition of the former right-of-way of Park Street, that we give tract 24A all right, title and interest in the former right-of-way to Park Street extending east to the boundary of tract 23 as depicted on the preliminary amended plat of Lionhead Homesites Subdivision.
10:06:12 AM Commissioner Mitchell Second
10:06:18 AM Motion passed unanimously.
10:07:12 AM Commissioner Murdock Motion that we give preliminary plat approval to the Lionhead Homesite Major Subdivision with the conditions as recommended by staff finding that it meets the Gallatin County subdivision regulation and growth policy and M.C.A. requirements.
10:07:34 AM Commissioner Mitchell Second
10:07:52 AM Motion passed unanimously.
10:07:58 AM Chairman Vincent Public Hearing and Consideration of Preliminary Plat Approval for the Amended Plat of Mystic Heights II Major Subdivision
10:09:03 AM County Planner Sean O'Callaghan Staff Report and submit additional Exhibits for staff report C, D and E, Item #12
10:13:22 AM Commission questions on South 3rd bisecting three separate lots.
10:16:55 AM Paul Tarantino Applicant presentation and submit Exhibits A - P Item #12
10:22:10 AM County Attorney Marty Lambert Label photos as Exhibits A - P Item #12.
10:23:03 AM Public comment Jim McLean representing Robert and Helori Graff
10:25:07 AM Commission questions on public access to lot #12
10:25:49 AM County Attorney Marty Lambert Explains difference between public road and county road, then discusses quit title litigation.
10:30:01 AM Public comment Rebecca Mattix
10:32:03 AM Paul Tarantino Submit Exhibit Q Item #12
10:33:13 AM County Planner Sean O'Callaghan Final statement for the record: Notice of public hearing was sent to the Graff's.
10:33:34 AM Board discussion
10:34:00 AM Commissioner Murdock Motion that we grant the amended plat which accomplishes the abandonment as Marty Lambert has described finding that it meets the growth policy, the Hyalite zoning district requirements and the County subdivision regs. and Montana law requirements subject to the conditions presented by the staff.
10:34:31 AM Chairman Vincent Second
10:34:32 AM Board discussion
10:37:50 AM Motion passed 2:1 (Commissioner Mitchell opposed)
10:37:57 AM Commissioner Murdock Motion that Lot 9A have all right, title and interest in the former right-of-way to Zane Grey Way located north of Bristol Lane and west of Lot 8, as depicted on the former final plat of the Mystic Heights II Major Subdivision.
10:38:41 AM Chairman Vincent Second
10:38:47 AM Motion passed 2:1 (Commissioner Mitchell opposed)
10:38:51 AM Chairman Vincent Recess
10:52:01 AM Reconvene to meeting. Continuation of Public Hearing and Consideration of a Resolution to Rescind a Portion of County Commission Resolution 1990-36
10:52:28 AM County Attorney Marty Lambert Presentation
11:02:34 AM Read paragraphs #3 and #4 of Resolution 1990-36.
11:05:56 AM County Planning Director Jennifer Madgic Further explanation on published notice.
11:08:03 AM County Attorney Marty Lambert May combine agenda items and open #14
11:08:13 AM Chairman Vincent Consideration of Amendments to the Gallatin County Growth Policy (6 Months Re-Visit)
11:08:44 AM County Planning Director Jennifer Madgic Presentation and read growth policy draft.
11:18:16 AM Public comment Mary Vant Hull and Phil Olson
11:32:33 AM County Attorney Marty Lambert Question for Phil Olson
11:33:56 AM Public comment Linda Vrooman, Steve White, Craig Kenworthy and Quincy Orhai
11:47:37 AM County Attorney Marty Lambert Response to Quincy Orhai's question of violating Montana State Statute.
11:53:40 AM Commission question to Quincy Orhai.
12:17:24 PM Public comment Brian Leland
12:18:06 PM County Attorney Marty Lambert Responses to Brian Leland's questions.
12:23:38 PM Public comment Tony Kolnik and submit Exhibit A Items #13 &14.
12:27:38 PM County Planning Director Jennifer Madgic and County Attorney Marty Lambert Staff comments
12:29:58 PM Board discussion
12:31:32 PM Chairman Vincent No formal action on items #13 and #14 today.
12:32:06 PM Discussion and questions
12:43:25 PM Chairman Vincent There was no Pending Resolutions or Public Comment .
12:43:39 PM Meeting adjourned
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