Description
County Commission Pubic Meeting February 10, 2004
Date
2/10/2004
Location
County Commission
Time
Speaker
Note
9:02:35 AM
Chairman Vincent
Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Vincent and Murdock, and County Attorney Lambert and Acting Clerk to the Board Mary Miller. Commissioner Mitchell was attending a Maco conference in Billings.
9:03:27 AM
There was no public comment on matters within the Commission's jurisdiction.
9:03:54 AM
Commissioner Murdock
Read the consent agenda as follows: 1. Minutes for Public Meetings April 15, 22, 29; May 6, 2003 and January 27, 2004. 2. Approval of Claims. 3. Approval of Contract(s): Morrison-Maierle, Inc. Task Order #928-131-010-0310 Hebgen Lake; and Sign Products, Inc.-Meadow Village RID #378.
9:05:07 AM
There was no public comment.
9:05:17 AM
Commissioner Murdock
Motion to approve the consent agenda, as read.
9:05:21 AM
Chairman Vincent
Second
9:05:23 AM
Motion passed unanimously.
9:05:29 AM
Chairman Vincent
Board Appointments
9:05:48 AM
Commissioner Murdock
Historic Preservation Board
9:06:37 AM
There was no public comment.
9:06:56 AM
Commissioner Murdock
Motion to nominate Anthony Demetriades and Jean Nielsen, based on the recommendation of the Historic Preservation Board.
9:07:24 AM
Chairman Vincent
Second
9:07:29 AM
There was no public comment.
9:07:44 AM
Motion passed unanimously
9:07:48 AM
Chairman Vincent
Gallatin County Planning Board
9:08:14 AM
There was no public comment.
9:08:56 AM
Commissioner Murdock
Motion to nominate Felicia Hutchinson.
9:09:03 AM
Chairman Vincent
Second
9:09:06 AM
There was no public comment.
9:09:22 AM
Motion passed unanimously.
9:09:28 AM
Commissioner Murdock
Open Lands Board
9:10:30 AM
Open Lands Board Coordinator Mike Harris
Comment
9:10:43 AM
Commissioner Murdock
Motion to appoint Mike Phillips, Joe P. Axtell, Mike Lane, Ranger Dykema, Grace Morgan, Ryan Trenka, William Guza and Patricia Davis.
9:11:10 AM
Chairman Vincent
Second
9:11:20 AM
There was no public comment.
9:11:28 AM
Motion passed unanimously.
9:11:50 AM
Chairman Vincent
Planning and Zoning Commission
9:12:17 AM
There was no public comment.
9:12:24 AM
Commissioner Murdock
Motion to reappoint Beth Horn.
9:12:35 AM
Chairman Vincent
Second
9:12:36 AM
Board discussion
9:13:28 AM
Motion passed unanimously.
9:13:36 AM
Chairman Vincent
Receipt of Petition to Abandon a Portion of Nixon Gulch Road
9:13:46 AM
Clerk and Recorder Shelley Vance
Presentation
9:15:17 AM
Public comment
Monte Cooper, Joe Gutkoski, Glenn Hockett, Gary MacMillan, and Debra Anderson
9:21:24 AM
County Attorney Marty Lambert
Comments
9:28:52 AM
Commissioner Murdock
Motion to accept the petition as presented and verified by the Clerk and Recorder, and appoint Commissioner Murdock and Ms. Vance to be accompanied by the Road Superintendent as the viewing committee.
9:29:08 AM
Chairman Vincent
Second
9:29:11 AM
Discussion
9:29:26 AM
Motion passed unanimously.
9:29:30 AM
Chairman Vincent
Public Hearing and Consideration for Final Approval of the Brownell Conservation Easement
9:30:15 AM
Open Lands Board Coordinator Mike Harris
Presentation
9:33:44 AM
Public comment
Jim Madden, on behalf of Gallatin Valley Land Trust, Alex Diekmann, and David White.
9:39:08 AM
Discussion and comments
9:44:14 AM
Commissioner Murdock
Finding that the request for funding from the Open Space Bond in the amount of $437,500 for the purchase of a conservation easement on property owned by Wallace and Patricia Brownell meets; The purposes of the Montana Open-Space Land and Voluntary Easement Act; and Fulfills the County appraisal requirements for the purchase of real property or conservation easements; and The mission of the Open Lands Board created by the County Commission; and the intent of the $10,000,000 Open Space Bond passed by the voters of Gallatin County; and That it has been reviewed twice by the Open Lands Board and County Commission as required under the "Application Process for Open Space Preservation Funds"; We hereby authorize the expenditure of $437,500 from the Open Space Bond Fund for the purchase of a conservation easement on property owned by
Wallace and Patricia Brownell contingent upon the following conditions: 1. Applicants enter into a conservation easement sale and purchase agreement with Gallatin County and prepare the deed of easement. 2. The sale and purchase agreement show Gallatin County in a secondary position to the Gallatin Valley Land Trust, the participating land trust, in order to assure compliance with the strictures of Montana law and the Gallatin County Open Space Fund. 3. The satisfactory proof of value of the conservation easement in an amount of at least the amount of the funding requested. 4. Preparation execution of necessary and customary closing materials and documents. 5. The Deed of Conservation Easement is consistent with the current status of title to the land (i.e. Contract for Deed). 6. Final legal approval of the office of the County Attorney at closing.
9:46:19 AM
Chairman Vincent
Second
9:46:32 AM
Discussion and comments
9:46:59 AM
Motion passed unanimously.
9:47:09 AM
Chairman Vincent
Public Hearing and Consideration of an Improvements Agreement for the Lone Moose Meadows Phase 1A Subdivision
9:47:33 AM
County Planner Randy Johnson
Staff report
9:48:40 AM
Discussion and Questions
9:49:59 AM
Bob Lee, Planner, Morrison-Maierle
Presentation of behalf of the applicant.
9:52:00 AM
Wade Pannell
Applicant presentation.
9:52:38 AM
Commissioner Murdock
Motion to approve the Improvements Agreement for the Lone Moose Meadows Phase 1A Subdivision, finding that the County Attorney and planning staff have reviewed and prepared it.
9:52:52 AM
Chairman Vincent
Second
9:52:57 AM
Motion carried unanimously.
9:53:02 AM
Chairman Vincent
Public Hearing and Consideration of Final Plat Approval for the Lone Moose Meadows Phase 1A Subdivision
9:53:11 AM
County Planner Randy Johnson
Staff report
9:54:02 AM
There was no public comment.
9:54:14 AM
Commissioner Murdock
Motion to grant final plat approval for the Lone Moose Meadows Phase 1A Subdivision, finding it has met all the conditions of preliminary plat approval and conforms with the Regulations and the law.
9:54:29 AM
Chairman Vincent
Second
9:54:34 AM
Motion carried unanimously.
9:54:39 AM
Chairman Vincent
Public Hearing and Consideration of Request for Preliminary Plat Approval for Mastandrea Minor Subdivision
9:55:06 AM
County Planner Christopher Scott
Staff report, recommending the addition of condition #13(k), should the variance be granted which reads as follows: "The lot owner shall not further construct any building on Lot 2 unless a flood hazard evaluation is done. A flood hazard evaluation would provide in detail the calculated 100-year frequency water surface elevations and/or 100-year floodplain boundaries of Willow Creek".
10:01:01 AM
Craig Mastandrea
Applicant's presentation
10:02:02 AM
Discussion and Questions
10:03:15 AM
Debra Anderson, Surveyor, Gateway Engineering and Surveying, Inc
Presentation on behalf of the applicant, questioning if condition #5, as follows: "Thirty (30) feet of Old Yellowstone Trail east and west centerline shall be dedicated to the public for the entire length of the development", should be dedicated to the public as an easement.
10:04:47 AM
County Attorney Marty Lambert
Recommended dedicating it as an easement.
10:04:58 AM
There was no public comment.
10:05:17 AM
County Planning Director Jennifer Madgic
Spoke regarding the variance relative to the flood hazard study.
10:06:57 AM
Craig Mastandrea
Rebuttal
10:08:07 AM
Discussion and Questions
10:08:50 AM
County Attorney Marty Lambert
Suggested modifying the language in condition #13(k) to make it more specific.
10:10:28 AM
Recess
10:29:20 AM
County Attorney Marty Lambert
Reconvene: Recommended the following language for condition #13(k): As of February, 2004 one home exists on Lot 2. The owner may repair this home and may make any improvements to this existing home provided that proper sanitation, storm water and potable water permits are obtained. No new home or structure shall be built or erected on Lot 2 unless: 1) a flood hazard evaluation is completed at the owner's expense. This evaluation must provide in detail the calculated 100-year frequency water surface evaluations and/or 100-year floodplain boundaries of Willow Creek; and 2) the owner obtains any permits necessitated by the flood hazard evaluation.
10:30:28 AM
Craig Mastandrea
Acknowledged his agreement to the condition.
10:30:55 AM
Debra Anderson, Surveyor, Gateway Engineering and Surveying, Inc
Requested that condition #5, be clarified to state that an easement would be dedicated.
10:31:12 AM
County Attorney Marty Lambert
Suggested the following be added to condition #5: "Shall be dedicated as an easement to the public".
10:31:51 AM
Commissioner Murdock
Motion to grant a variance to the section of the Subdivision Regulations, requiring a flood hazard study, finding that strict compliance with that condition would cause an undue hardship to the owner, adding that it was not essential to the public health, safety, and general welfare because of the addition of condition #13(k), which clearly shows that there is an existing house on the property that is quite a distance from the creek. Finding there has not been a history of flooding in the area and Williow Creek is not a delineated floodplain studied stream. For a one lot minor that's being used with an existing home for agricultural purposes it would be in the best interest to require that condition.
10:32:55 AM
Chairman Vincent
Second
10:33:02 AM
Motion passed unanimously.
10:33:07 AM
Commissioner Murdock
Motion to approve preliminary plat approval for the Mastandrea Minor Subdivision with all the conditions presented by staff and as amended as follows: condition #5, after the word dedicated add "as an easement", and condition #13(k) as re- written and read into the record by County Attorney Lambert, finding that this subdivision complies with the County Growth Policy and is consistent with the law and the Gallatin County Subdivision Regulations.
10:33:52 AM
Chairman Vincent
Second
10:34:06 AM
Motion passed unanimously.
10:34:23 AM
There was no public comment on matters within the Commission's jurisdiction.
10:34:30 AM
Chairman Vincent
Pending Resolution of Intent to Authorize the submittal of a Land and Water Conservation assistance grant application for $146,544 obligating the county to fund and implement the development of the Regional Park in conjunction with the developer, with a county match of up to $73,272
10:35:00 AM
Fiscal Officer Ed Blackman
Presentation
10:37:09 AM
There was no public present for comment.
10:37:19 AM
Commissioner Murdock
Motion to approve Resolution #2004-013.
10:37:26 AM
Chairman Vincent
Second
10:37:31 AM
Motion passed unanimously.
10:37:43 AM
Meeting adjourned.
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