Description Gallatin County Commissioners' Journal
December 16, 2003
Location Gallatin County Courthouse
Time Speaker Note
9:04:03 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.
9:05:03 AM Chairman Vincent Announcement regarding Gallatin County Solid Waste Management District. (See time 10:57:35)
9:06:33 AM There was no public comment on matters within the Commission's jurisdiction.
9:06:50 AM Commissioner Murdock Read the consent agenda as follows: 1. Approval of Claims. 2. Request for Final Release of the Letter of Credit for the Porcupine Park Subdivision Improvements Agreement. 3. Request for Reduction of the Letter of Credit for the Spanish Peaks Estates Subdivision, Phase 1A, 3 and 4 Improvements Agreement. 4. Request for Final Release of the Letter of Credit for the Spanish Peaks Estates Subdivision, Phase 1 Improvements Agreement. 5. Contract(s): Montana Dept. of Environmental Quality.
9:07:56 AM There was no public comment.
9:08:10 AM Commissioner Mitchell Motion to approve the consent agenda, as read
9:08:13 AM Commissioner Murdock Second
9:08:18 AM Motion passed unanimously.
9:08:22 AM Chairman Vincent Public Hearing and Consideration of a Resolution of Intent to Amend the Gallatin County FY04 Budget by Appropriating $10,605.07 in Revenues Received from the U.S. Department Capital Outlay Fund.
9:08:46 AM Under Sheriff Jim Oberhofer Presentation
9:09:29 AM There was no public comment.
9:09:40 AM Commissioner Murdock Motion to approve Resolution of Intent #2003-168.
9:10:03 AM Commissioner Mitchell Second
9:10:11 AM Motion passed unanimously.
9:10:17 AM Chairman Vincent Public Hearing and Consideration of a Resolution of Intent to Amend the Gallatin County FY04 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.
9:10:44 AM Under Sheriff Jim Oberhofer Presentation
9:11:16 AM Discussion
9:12:06 AM There was no public comment.
9:12:17 AM Commissioner Mitchell Motion to approve Resolution #2003-169.
9:12:28 AM Commissioner Murdock Second
9:12:33 AM Motion passed unanimously.
9:12:39 AM Chairman Vincent Public Hearing and Resolution of Intent to Amend Rae Fire Service Area to Increase the FY04 Budget by $20,500 and Appropriating $46,403 in Revenues Received from Fire Impact Fees for Purchasing a Portion of a Fire Station.
9:13:00 AM Fiscal Officer Ed Blackman Presentation
9:14:18 AM Discussion and Questions
9:18:11 AM There was no public comment.
9:18:27 AM Commissioner Murdock Motion to approve Resolution of Intent #2003-170.
9:18:33 AM Commissioner Mitchell Second
9:18:41 AM Board discussion
9:19:12 AM Motion passed 2:1. (Commissioner Mitchell opposed.)
9:19:23 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 and Purchase of Health and Storage Building.
9:19:38 AM Fiscal Officer Ed Blackman Presentation
9:20:48 AM Discussion and Questions
9:42:14 AM There was no public comment.
9:42:40 AM Commission comments and discussion
9:43:08 AM Commissioner Murdock Comments, adding the only reason he will support the INTERCAP loan for the jail was because of the ACLU.
9:51:39 AM Commissioner Murdock Motion to make application to the Board of Investments for an INTERCAP loan to borrow up to $999,000 for the purchase of what is referred to as the Hamilton Building which is listed as a purchase of a health and storage building.
9:52:16 AM Commissioner Mitchell Second
9:52:58 AM Motion passed unanimously.
9:53:01 AM Discussion and decision to consider the Detention Center application at the public meeting on December 23, 2003.
9:54:02 AM Chairman Vincent Public Hearing and Resolution of Intent to Amend the Public Safety FY04 Operating Budget to Include New Revenues in the Amount of $188,429 to Cover Expenses for Airport Security at Gallatin Field.
9:54:25 AM Fiscal Officer Ed Blackman Presentation
9:56:29 AM There was no public comment.
9:56:40 AM Commissioner Murdock Motion to approve Resolution of Intent #2003-171.
9:56:46 AM Commissioner Mitchell Second
9:56:53 AM Motion passed unanimously.
9:56:56 AM Chairman Vincent Receipt of Petition to Annex Property into Belgrade Rural Fire Department.
9:57:04 AM Clerk and Recorder Shelley Vance Presentation
9:58:50 AM There was no public comment.
9:59:03 AM Commissioner Mitchell Motion to accept the petition for annexation into the Belgrade Rural Fire District and set the hearing date for January 13, 2004.
9:59:21 AM Commissioner Murdock Second
9:59:29 AM Motion passed unanimously.
9:59:32 AM Chairman Vincent Public hearing and Consideration of Request for Preliminary Plat Approval for the Longhorn Minor Subdivision.
9:59:43 AM Belgrade City-County Planner Jason Karp Staff report
10:05:30 AM Discussion and Questions
10:07:43 AM Mike Pollard, applicant Presentation
10:08:26 AM Discussion and Questions
10:19:38 AM Commissioner Murdock Motion to approve the Longhorn Minor Subdivision, finding that it conforms with the Belgrade Area Plan and the Gallatin County Subdivision Regulations, including the conditions suggested by the Planning Staff with the additions to the covenants that the lots be primarily for residential only. He stated without zoning there is nothing to stop them from putting a shop in as long as it is a residential lot. He added that the spur road linking to COS #856, also be constructed to county gravel standards, leaving it up to Mr. Karp to determine which condition to add it to. He also added that the covenants also include a prohibition against manufactured homes.
10:20:50 AM Discussion and Questions
10:22:54 AM Commissioner Mitchell Second
10:23:02 AM Board discussion
10:24:11 AM Motion passed unanimously.
10:24:15 AM Chairman Vincent Public hearing and Consideration of Request for Preliminary Plat Approval for the Kelly Minor Subdivision.
10:24:33 AM Belgrade City-County Planner Jason Karp Staff report
10:28:57 AM Discussion and Questions
10:30:11 AM Mark Chandler, Surveyor, C & H Engineering Presentation on behalf of the applicant.
10:33:29 AM Discussion and Questions
10:34:32 AM Judy Kelly, applicant Comments
10:36:38 AM Commissioner Mitchell Motion to approve the Kelly Minor Subdivision with all the conditions as suggested by staff #1-18, and the modification of condition #16, adding (s) to the word "owner" so all the owners would be notified on the ditches, finding that as proposed this would meet the Subdivision Regulations and that it has been approved by the Belgrade Planning Board.
10:37:20 AM Commissioner Murdock Second
10:37:32 AM Comments and Discussion
10:39:34 AM Motion passed unanimously.
10:39:55 AM Chairman Vincent Public hearing and Consideration of Request for Final Plat Approval for the Cantril Minor Subdivision.
10:40:06 AM Belgrade City-County Planner Jason Karp Staff report
10:41:16 AM There was no public comment.
10:41:27 AM Commissioner Murdock Motion to grant final plat approval, finding that all the conditions have been met for the Cantril Minor Subdivision.
10:41:38 AM Commissioner Mitchell Second
10:41:46 AM Motion passed unanimously.
10:41:51 AM Recess
10:57:32 AM Reconvene Public Hearing and Second Reading of Adoption of Ordinance to Control Disposition of Solid Waste Within the Gallatin County Solid Waste Management District.
10:57:57 AM Comments and Discussion
11:02:33 AM Public comment Dean Ulrich, BFI Waste Services
11:03:24 AM Commissioner Murdock Motion not to adopt Ordinance #2003-012.
11:04:05 AM Commissioner Mitchell Second
11:04:13 AM Comments
11:05:04 AM Motion passed unanimously.
11:05:14 AM Chairman Vincent Public Hearing and Consideration of Resolution of Intention to Amend the Official Zoning Map for the Gallatin County/Bozeman Area Zoning District for Hougen/Moran/Shepherd.
11:05:30 AM County Planner Victoria Drummond Staff report
11:14:00 AM Wendy Steinbeisser, Surveyor, Gateway Engineering & Surveying, Inc Presentation on behalf of the applicant.
11:16:43 AM Public comment George Durkin, on behalf of the Gallatin County Road and Bridge Department, Rob Smith, Peter Harnett, and Shawn Moran
11:19:11 AM Discussion and Questions with applicant's Shawn Moran and Ken Shepherd
12:01:00 PM Commissioner Murdock Motion to deny the Hougen/Moran/Shepherd zoning request.
12:01:48 PM Commissioner Mitchell Second
12:01:51 PM Board Discussion
12:02:22 PM County Attorney Marty Lambert Requested the legal rationale of Ms. Banick as contained on page 3 of her letter dated December 10, 2001, from the prior application be added as rationale. Specifically talking about the Greater Yellowstone Coalition case and spot zoning and that it applies with equal force today as it did a couple of years ago.
12:02:55 PM Commissioner Murdock Added to the findings, verbatim the rationale included in the letter of December 10, 2001, from Lisa Banick of the law firm of Whetstone, Banick, Avignone & Garrity.
12:03:33 PM Motion passed unanimously.
12:04:04 PM Chairman Vincent Public Hearing and Consideration of First Reading of Speed Reduction Ordinance for Aspen Grove Subdivision.
12:04:33 PM Chairman Vincent Read the ordinance.
12:06:13 PM There was no public comment.
12:06:26 PM Commissioner Mitchell Motion to approve Ordinance #2003-013.
12:06:37 PM Commissioner Murdock Second
12:06:45 PM Motion passed unanimously.
12:06:51 PM Chairman Vincent Public Hearing and Consideration of First Reading of Speed Reduction Ordinance for Spanish Peaks Estates Subdivision Phases II & IIA.
12:06:57 PM Commissioner Mitchell Read the ordinance.
12:08:36 PM There was no public comment.
12:08:49 PM Commissioner Murdock Motion to approve Ordinance #2003-014.
12:08:56 PM Commissioner Mitchell Second
12:09:00 PM Motion passed unanimously.
12:09:03 PM Chairman Vincent Public Hearing and Consideration of First Reading of Speed Reduction Ordinance for Grandview Heights II Subdivision.
12:09:09 PM Commissioner Murdock Read the ordinance.
12:11:15 PM There was no public comment.
12:11:23 PM Commissioner Murdock Motion to approve Ordinance #2003-015.
12:11:28 PM Commissioner Mitchell Second
12:11:36 PM Motion passed unanimously.
12:11:42 PM Chairman Vincent Public Hearing and Consideration of First Reading of Speed Reduction Ordinance for Fowler Road. Read the ordinance.
12:13:11 PM Public comment and discussion Harold Lindvig; Sherri Douma; and Linda Keene
12:28:18 PM Board discussion
12:29:46 PM Commissioner Murdock Motion to not approve speed reduction Ordinance #2003-016 for Fowler Road, as written.
12:30:12 PM Chairman Vincent Second
12:30:20 PM Board discussion.
12:31:48 PM Motion passed 2:1. (Commissioner Mitchell opposed.)
12:32:02 PM Discussion and Questions
12:32:11 PM County Attorney Marty Lambert Advice
12:32:21 PM Commissioner Murdock Motion to deny the speed reduction ordinance for Patterson Road.
12:32:26 PM Chairman Vincent Second
12:32:49 PM Public comment Harold Lindvig
12:33:46 PM Motion passed 2:1. (Commissioner Mitchell opposed.)
12:33:51 PM Chairman Vincent Public Hearing and Consideration of First Reading of Speed Reduction Ordinance for Stucky Road.
12:34:02 PM Commissioner Murdock Read the ordinance, noting a clerical error, changing all notations of Fowler Road to Stucky Road at the advice of Mr. Lambert.
12:36:00 PM There was no public comment.
12:36:13 PM Commissioner Murdock Motion to approve Ordinance #2003-017.
12:36:24 PM Commissioner Mitchell Second
12:36:32 PM Motion passed unanimously.
12:36:44 PM Chairman Vincent Consideration of Resolution to Adopt Amendments to the Gallatin County Growth Policy (Resolution of Intent Adopted 12/09/03).
12:36:57 PM Planning Director Jennifer Madgic Presentation
12:37:32 PM Commissioner Murdock Motion to approve Resolution #2003-36B.
12:37:34 PM Commissioner Mitchell Second
12:37:50 PM Motion passed unanimously.
12:38:19 PM Chairman Vincent Pending resolution to amend Resolution #2003-155, which amended the Gallatin County Final Operating Budget for Receipt of Unanticipated Monies and to Balance Expenditures for FY03.
12:38:42 PM Fiscal Officer Ed Blackman Presentation
12:39:14 PM There was no public comment.
12:39:22 PM Commissioner Mitchell Motion to approve Resolution #2003-155A.
12:39:23 PM Commissioner Murdock Second
12:39:27 PM Motion passed unanimously.
12:39:51 PM Chairman Vincent Pending resolution to Amend the Women, Infant and Children FY 04 Operating Budget to Include New Revenues in the Amount of $5,235 to Cover Expenses for Salary and Operating Expenses .
12:40:08 PM Fiscal Officer Ed Blackman Presentation
12:40:39 PM Commissioner Murdock Motion to approve Resolution #2003-172.
12:40:39 PM Commissioner Mitchell Second
12:40:44 PM Motion passed unanimously.
12:40:54 PM Chairman Vincent Pending resolution to amend the City/County Health Fund FY 04 Operating Budget to Include New Revenues in the Amount of $38,905 to Cover Expenses for Salary, Operating and Capital Expenses.
12:41:11 PM Fiscal Officer Ed Blackman Presentation
12:41:54 PM Commissioner Mitchell Motion to approve Resolution #2003-173.
12:41:55 PM Commissioner Murdock Second
12:42:00 PM Motion passed unanimously.
12:42:08 PM Meeting adjourned.
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