Gallatin County Commissioners' Journal No. July 27, 2004
Time Speaker Note
9:08:31 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.
9:09:34 AM Commissioner Mitchell Read the Consent Agenda as follows: 1. Approval of Claims 2. Approval of Office Meeting Minutes: August 27, 2003, October 1 & 8, 2003; November 3, 17, 19 & 24, 2003; December 1, 8, 15, 17, 22 & 31, 2003; January 5, 7, 12, 21, 26 & 28, 2004; February 4, 9, & 23, 2004; March 1, 3, 8 & 24, 2004; and April 5, 7, 14, 19, 21 & 26, 2004 3. Approval of Contract: Amendment to Contract #CJH-02-006-0 DOJ/DOC Gallatin County 4. Commission Statistics for June, 2004 Payroll: $1,475,344.47, Clerk & Recorders Fees: $95,157.76 and A101's: $17.00
9:11:38 AM Chairman Vincent There was no public comment.
9:11:50 AM Board discussion
9:12:29 AM Commissioner Mitchell Move to approve the consent agenda with the comments as made (errors in 4/21/04 Office Meeting Minutes).
9:12:37 AM Commissioner Murdock Second
9:12:46 AM Motion passed unanimously.
9:12:49 AM Chairman Vincent There was no Public Comment . Announce clerical error on the regular agenda item #2 title: should be eleven mills instead twelve. Public Hearing and Consideration/Decision on a Resolution of the Board of Commissioners of the County of Gallatin, Montana, Submitting to the Qualified Electors of the County of Gallatin Conjunction with Regular Election on November 2, 2004, the Question of Authorizing The Gallatin County Commission to Make a Levy of Up to, But Not to Exceed, Eleven (11) Mills in Addition to the Mill Levy Limit Imposed by Law for the Purpose of Funding Operations and Capital Expenditures for Gallatin County's Emergency Communications and Records Functions
9:14:09 AM Communication Services (911) Director Ben Hess Presentation
9:21:05 AM Commission questions
9:21:43 AM Chairman Vincent There was no public comment.
9:22:05 AM Sheriff Jim Cashell Comments
9:23:21 AM Communication Services (911) Director Ben Hess Comments
9:25:00 AM Board discussion
9:32:11 AM Commissioner Murdock I move that we submit to the qualified electors of the County of Gallatin in conjunction with the regular election on November 2, 2004 the question of authorizing the Gallatin County Commission to make a levy of eleven mills in addition to the mill levy limit imposed by law for the purpose of funding operations and capital expenditures for Gallatin County's emergency communications and law enforcement records functions, and that would be Resolution 2004-113.
9:32:56 AM Commissioner Mitchell Second
9:33:06 AM Board discussion
9:33:17 AM Motion passed unanimously.
9:33:32 AM Chairman Vincent Public Hearing and Consideration/Decision of a Resolution Closing Unused Funds and Transferring Cash from Minimally Used Funds to the Funds Required by State Law
9:33:53 AM Fiscal Officer Ed Blackman Presentation
9:35:34 AM Commission questions
9:36:37 AM Chairman Vincent There was no public comment.
9:36:47 AM Commissioner Murdock Comments and I move that we approve Resolution 2004-114, which would close unused funds and transfer cash from minimally used funds to the funds required by state law.
9:37:08 AM Commissioner Mitchell Second
9:37:15 AM Motion passed unanimously.
9:37:45 AM Chairman Vincent Public Hearing and Consideration/Decision of a Resolution of Intention to Amend the Gallatin County Final Operating Budgets for Receipt of Unanticipated Monies and to Balance Expenditures for FY 2004
9:38:02 AM Fiscal Officer Ed Blackman Presentation
9:39:33 AM Chairman Vincent There was no public comment.
9:39:54 AM Commissioner Mitchell I move that we approve Resolution 2004-115.
9:39:58 AM Commissioner Murdock Second
9:40:05 AM Motion passed unanimously.
9:40:14 AM Chairman Vincent Public Hearing and Consideration of Proposed Budget and Usage of Floating Millage and Increase in the Permissive Levy for Medical Health Insurance
9:40:28 AM Fiscal Officer Ed Blackman PowerPoint Presentation
9:51:38 AM Chairman Vincent There was no public comment.
9:51:53 AM Discussion and questions
9:53:07 AM Chairman Vincent Public Hearing and Consideration/Decision of Request for Family Transfer Exemption for Kruse
9:53:40 AM County Planner Warren Vaughan Staff Report. PowerPoint of land division labeled Exhibit A, Item #6. Submittal of letters all regarding Item #6: Exhibit B denying previous family transfer, Exhibit C received from Lalla Chadwick, Regional Program Officer, Montana Dept. of Public Health and Human Services, Exhibit D from nine landowners and Exhibit E from Pass Creek School Board.
10:05:32 AM Discussion and questions including County Attorney Marty Lambert
10:10:38 AM Chairman Vincent Confirmed that applicant, Kelly Kruse, was aware he would respond to questions on the record before testimony.
10:10:50 AM County Attorney Marty Lambert Oath and questions of applicant.
10:37:41 AM Kelly Kruse Applicant presentation
10:39:57 AM Discussion and questions
10:43:21 AM Public comment Bryan McDaniel with reading letter including corrections, previously entered as Exhibit D, Item #6, Dawn Long and Patricia Kruse
10:52:49 AM Chairman Vincent There was no applicant response to testimony.
10:53:05 AM Board discussion
10:55:50 AM Commissioner Murdock I move that we deny the requested family transfer exemption for Kruse based on all the testimony we've received and all the input on the record provided by staff.
10:56:09 AM Commissioner Mitchell Second
10:56:10 AM Board discussion
10:56:52 AM Motion passed unanimously.
10:56:56 AM Chairman Vincent Recess
11:12:19 AM Chairman Vincent Reconvene to meeting. Public Hearing and Consideration/Decision of Final Plat Approval for the River Rock Major Subdivision, Traditions, Phases 3 & 4
11:12:30 AM County Planning Director Jennifer Madgic Staff Report
11:14:33 AM Commissioner Mitchell Finding that according to staff testimony, River Rock Major Subdivision, Traditions, Phases 3 & 4 have met all of the conditions required for final plat approval. I move that we grant final plat approval.
11:14:52 AM Commissioner Murdock Second
11:15:02 AM Motion passed unanimously.
11:15:10 AM Chairman Vincent Public Hearing and Consideration/Decision of Request for Family Transfer Exemption for Robert Elliot
11:15:22 AM Belgrade City-County Planner Jason Karp Presentation
11:16:43 AM Chairman Vincent Confirmed that applicant, Robert Ross Elliot, was aware he would respond to questions on the record before testimony.
11:16:59 AM County Attorney Marty Lambert Oath and questions of applicant.
11:21:16 AM Commission questions of Mark Chandler, Surveyor, C&H Engineering and Surveying representing applicant Ross Elliot.
11:22:55 AM Public comment Ty Elliot
11:23:58 AM County Attorney Marty Lambert Questions
11:25:12 AM Commissioner Murdock Having received the testimony and looked at the information submitted, I think that this is a proper use of the family transfer exemption and move to approve it.
11:25:25 AM Commissioner Mitchell Second
11:25:34 AM Board discussion
11:26:27 AM Motion passed unanimously.
11:26:37 AM Chairman Vincent Public Hearing and Consideration/Decision of Request to Amend a Condition of Preliminary Plat Approval for the Amended Belgrade Meadows Commercial Park Subdivision
11:26:51 AM Belgrade City-County Planner Jason Karp Presentation
11:29:15 AM Commission questions
11:31:03 AM Mark Chandler, Surveyor, C&H Engineering and Surveying Presentation on behalf of applicants Paul and Sharon Christensen
11:34:12 AM Commission questions
11:36:19 AM Public comment Kevin McNelis, President of Horseshoe Meadows Subdivision
11:41:23 AM Commission questions
11:43:10 AM Public comment Rita Johnston, Bud Johnston and Cecilia Carter-Lasich
11:52:05 AM Mark Chandler, Surveyor, C&H Engineering and Surveying Applicant response to testimony on behalf of clients Paul and Sharon Christensen
11:53:32 AM Sharon Christensen Applicant response to testimony
12:09:30 PM Mark Chandler, Surveyor, C&H Engineering Comments
12:10:15 PM Commissioner Murdock Comments and I would move that we deny the amended plat request for all the reasons stated.
12:11:29 PM Commissioner Mitchell Second
12:11:37 PM Board discussion
12:12:14 PM Motion passed unanimously.
12:12:36 PM Chairman Vincent Public Hearing and Consideration/Decision of Request for Approval of an Improvements Agreement and Final Plat Approval for the Parker Place Minor Subdivision
12:12:51 PM Belgrade City-County Planner Jason Karp Presentation and request that final plat approval for Parker Place Minor Subdivision is continued until further notice.
12:15:12 PM Doug Braham, Developer, Divide Development Company, LLC Applicant presentation
12:17:56 PM County Road & Bridge Department George Durkin Comments
12:20:01 PM Chairman Vincent There was no public comment.
12:20:17 PM Doug Braham, Developer, Divide Development Company, LLC Applicant response to testimony
12:20:47 PM Commissioner Murdock Comments and I move that we accept the improvements agreement.
12:21:05 PM Commissioner Mitchell Second
12:21:16 PM Motion passed unanimously.
12:21:21 PM Chairman Vincent Public Hearing and Consideration/Decision of Request for Preliminary Plat Approval for the Jensen Minor Subdivision
12:21:33 PM Belgrade City-County Planner Jason Karp Presentation
12:27:11 PM Deborah Anderson, Gateway Engineering and Surveying Applicant presentation on behalf of client Margaret Jensen.
12:28:07 PM Chairman Vincent There was no public comment.
12:28:40 PM Commissioner Murdock I move that we approve the variance requested to exempt the paving of Stagecoach Trail to Amsterdam Road finding that one, it's consistent with our policy for minor subdivisions of this size, and that the strict compliance would result in undue hardship and is not essential to the public health, safety and general welfare to make them do so.
12:29:04 PM Commissioner Mitchell Second
12:29:12 PM Motion passed unanimously.
12:29:15 PM Discussion and questions
12:30:04 PM Commissioner Murdock I move that we approve the Jensen Minor Subdivision finding that it comports with the Gallatin County Subdivision Regulations, the Belgrade Area Growth Policy and Montana Law with all the conditions as proposed by staff, with the exception of Condition 12, we're now striking and with the finding that the flag-shaped lot based on the testimony and staff report we've received is appropriate in this case and taken care of by the conditions.
12:30:36 PM Commissioner Mitchell Second
12:31:02 PM Motion passed unanimously.
12:31:06 PM Chairman Vincent Public Hearing and Consideration/Decision of Request for Preliminary Plat Approval for the Spring Valley Estates Minor Subdivision
12:31:17 PM Belgrade City-County Planner Jason Karp Presentation. An additional suggested condition for approval to read as follows: The sub divider shall perform a flood study of the proposed subdivision, in accordance with the requirements of Section 10 of the Subdivision Regulations, to accurately delineate the 100-year floodplain of Buster Gulch. This requirement shall be waived, where the Floodplain Management Section, Water Resources Division, Department of Natural Resources and Conservation, states in writing that the proposed subdivision is not in a flood hazard area.
12:40:10 PM Deborah Anderson, Gateway Engineering and Surveying Applicant presentation on behalf of client Sharlene Anderson.
12:40:59 PM Discussion and questions
12:43:40 PM Chairman Vincent There was no public comment.
12:43:51 PM Discussion and questions regarding Conditions 5(n) and 5(o) including applicant Sharlene Anderson.
12:51:22 PM County Attorney Marty Lambert Advice
12:51:38 PM Discussion
12:52:25 PM Commissioner Murdock I move that we approve the minor subdivison, four lots, for Spring Valley Estates Minor Subdivision finding that it meets the requirements of the Gallatin County Subdivision Regulations, Montana Law and the Belgrade Area Growth Policy with all the conditions provided by staff with the following amendments: 1. We add the flood plain condition, which the language has already been read into the record by Jason Karp. 2. 5(n) stays as written, further subdivision is prohibited. They've got the option in nine years to come, as Marty said, and 5(o) stricken.
12:53:37 PM Commissioner Mitchell Second
12:53:55 PM Motion passed unanimously.
12:54:03 PM Chairman Vincent There were no Pending Resolutions.
12:54:06 PM Meeting adjourned
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