Description Gallatin County Commissions' Journal March 2, 2004
Date 03/02/2004 Location County Commission
Time Speaker Note
9:04:05 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.
9:05:09 AM Commissioner Murdock Read Consent Agenda as follows: 1. Approval of Claims 2. Approval of Applications for Cancellation of Taxes for Parcel Number(s): RKE18831 and RLE28735 totaling $1756.00 3. Request for Common Boundary Relocation Exemption for Murbach/Crouch/Gibbs 4. Approval of Contract: Buffalo Services-Hebgen Lake RID 322 Wastewater Operator
9:06:05 AM Chairman Vincent There was no public comment.
9:06:21 AM Commissioner Mitchell Motion that the Consent Agenda be approved as read.
9:06:24 AM Commissioner Murdock Second
9:06:30 AM Motion passed unanimously.
9:06:32 AM Chairman Vincent Agenda Adjustment: #13. Public Hearing and Consideration for Level One Approval of the DeHaan Conservation Easement moved to item #2 and #14 Public Hearing and Consideration of Final Approval for Expenditure of Funds from the Seivert Conservation Easement moved to item #3. Continue #3 Public Hearing and Consideration of Request for Family Transfer Exemption for Richard and Mary Byron and #12 Public Hearing and Consideration of Sponsorship of a HOME Program Grant Application by the District 9 HRDC at later date. Auditor's Quarterly Report from October 2003 - December 2003
9:07:47 AM Auditor Jennifer Blossom Presentation
9:10:51 AM Commission questions
9:12:23 AM Chairman Vincent There was no public comment.
9:12:34 AM Commissioner Murdock Motion to accept the County Auditor's Quarterly Report as written.
9:12:41 AM Commissioner Mitchell Second
9:12:49 AM Motion passed unanimously.
9:12:57 AM Chairman Vincent Public Hearing and Consideration for Level One Approval of the DeHaan Conservation Easement
9:13:18 AM Open Lands Board Coordinator Mike Harris Applicants not present.
9:13:44 AM Chairman Vincent Public Hearing and Consideration of Final Approval for the Expenditure of Funds from the Seivert Conservation Easement
9:15:28 AM Open Lands Board Coordinator Mike Harris Staff report
9:17:19 AM Chairman Vincent There was no public comment.
9:18:11 AM Commissioner Mitchell The motion is as follows: Finding that the request for funding from the Open Space Bond in the amount of 133,000 for the purchase of a conservation easement on property owned by Kenneth Seivert 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 one hundred thirty-three thousand dollars and no cents from the
Open Space Bond Fund for the Purchase of a conservation easement on property owned by Kenneth Seivert 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 the amount of at least the amount of 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.
9:20:05 AM Commissioner Murdock Second
9:20:17 AM Discussion and questions
9:23:14 AM Motion passed unanimously.
9:23:18 AM Chairman Vincent Agenda adjustment: #13 DeHaan's Conservation Easement on agenda later in meeting. Public Hearing and Consideration of a Resolution of Intention to Adopt the Bridger Bench Interim Zoning District and Bridger Bench Interim Zoning Regulations
9:23:57 AM County Planning Director Jennifer Madgic Staff report
9:26:12 AM Commission questions
9:26:54 AM Craig Jourdonnais, Wildlife Biologist, Fish, Wildlife & Parks Presentation
9:28:30 AM Chairman Vincent Public comment
9:28:43 AM Commission questions
9:29:25 AM County Attorney Marty Lambert Advice
9:31:15 AM Public comment Mike Lilly, Attorney, Berg Law Firm on behalf of clients Autumn Ridge
9:32:25 AM County Attorney Marty Lambert and Commissioner Murdock Discussion and questions
9:33:37 AM Public comment David Weaver, Attorney, Sand Law Office on behalf of Westlake clients, Susan Swimley, Attorney, Nellen & Swimley on behalf of Dooley clients and Annie Bertagnolli
9:37:48 AM Commission questions
9:39:41 AM County Planning Director Jennifer Madgic Staff comments
9:40:17 AM Discussion and questions with County Attorney Marty Lambert.
9:45:09 AM Commissioner Murdock Motion that we pass the Resolution of Intention of the Gallatin County Commission for adoption for an Interim Zoning Regulation and Zoning Map Regulation regulating land use development in what we're calling the Bridger Bench Proposed District.
9:45:36 AM Chairman Vincent Second
9:45:41 AM Board discussion and advice from County Attorney Marty Lambert.
9:51:46 AM Motion passed 2:1 (Commissioner Mitchell opposed).
9:52:20 AM Chairman Vincent Proposed final adoption will be at 4/6/04 public meeting. Public Hearing and Consideration of Request for Family Transfer Exemption for Genevieve Marx to Ronald Marx
9:52:53 AM Belgrade City-County Planner Jason Karp Staff report in addition to next agenda item Public Hearing and Consideration of Request for Family Transfer Exemption for Genevieve Marx to Daniel Marx
9:55:27 AM Chairman Vincent Confirm that applicant, Genevieve P. Marx, was aware she would respond to questions on the record.
9:55:44 AM County Attorney Marty Lambert Oath and questions of applicant pertaining to both Family Transfer Exemptions.
10:00:02 AM Chairman Vincent There was no public comment.
10:00:38 AM Commissioner Mitchell Motion that we approve the Family Transfer Exemption for Marx to Daniel Marx.
10:00:49 AM Commissioner Murdock Second
10:00:57 AM Board discussion
10:01:07 AM Motion passed unanimously.
10:01:10 AM Commissioner Mitchell Motion that we approve the Family Transfer Exemption to Ronald Marx.
10:01:16 AM Commissioner Murdock Second
10:01:24 AM Motion passed unanimously.
10:01:47 AM Chairman Vincent Consideration of Request for Final Plat Approval for the Gomer Minor Subdivision
10:01:53 AM Belgrade City-County Planner Jason Karp Staff Report
10:03:13 AM Rick Gustine, Survco Surveying, Inc. Presentation
10:03:50 AM Commissioner Murdock Based on the professional findings of Jason Karp, I move that we grant final plat approval to the Gomer Minor Subdivision.
10:04:05 AM Commissioner Mitchell Second
10:04:06 AM Board discussion
10:04:26 AM Motion passed unanimously.
10:04:32 AM Chairman Vincent Public Hearing and Consideration of Request for Preliminary Plat Approval for Newman Minor Subdivision
10:04:41 AM County Planner Christopher Scott Staff report with submittal of Exhibits E-K Item #7.
10:12:22 AM Commission questions
10:15:46 AM Jonathan Roen, Land Surveyor and Engineer, Morrison-Maierle, Inc. Applicant presentation on behalf of Bill Newman.
10:22:16 AM Commission questions
10:23:42 AM Public comment and Commission questions Brian Crandell, Sourdough Rural Fire District, Bryan Connelley, Assistant Chief, Belgrade Rural Fire District, Estella Villaseuor Allen
10:34:12 AM Jonathan Roen, Land Surveyor and Engineer, Morrison-Maierle, Inc. Applicant response to testimony on behalf of client Bill Newman.
10:35:13 AM Discussion and questions
10:39:55 AM Chairman Vincent Continue agenda item #7 Public Hearing and Consideration of Request for Preliminary Plat Approval for Newman Minor Subdivision 3/9/04. Public Hearing and Consideration of Final Plat Approval for Amended Plat of the Cowan Skinner Minor
10:41:36 AM County Planner Sean O'Callaghan Staff Report
10:42:52 AM Commissioner Murdock Based on Sean O'Callaghan's professional observations that the Montana Code Annotated requirements for subdivision final plat approval and Gallatin County Subdivision Regulations and other conditions of approval have been met, I move that we grant final plat approval for the amended plat of Cowan Skinner Minor Subdivision.
10:43:16 AM Commissioner Mitchell Second
10:43:26 AM Motion passed unanimously.
10:44:17 AM Commissioner Murdock Recess
10:59:32 AM Chairman Vincent Reconvene to meeting. Agenda adjustment: move item #13 to #9; Public Hearing and Consideration for Level One Approval of the DeHaan Conservation Easement
10:59:34 AM Open Lands Board Coordinator Mike Harris Staff Report
11:03:39 AM Commission questions
11:05:06 AM Alex Deikmann, Trust For Public Lands Response to questions and presentation.
11:09:09 AM Discussion and questions
11:13:11 AM Commissioner Murdock Finding that the Application meets the intent of the Montana Open-Space Land and Voluntary Conservation Easement Act as applied in the Gallatin County Open Space Grant Program and M.C.A. 7-8-2202 requiring an estimate from a certified licensed general real estate appraiser, I move that the DeHaan application for a grant from the Gallatin County Open Space Fund is approved on the condition that the proposed conservation easement is reviewed by the proper planning authority, the County Attorney, and that the application then proceed to Level Two review under the Program application process.
11:13:50 AM Commissioner Mitchell Second
11:13:53 AM Motion passed unanimously.
11:14:11 AM Chairman Vincent Request for Common Boundary Relocation Exemption for Koutny
11:15:11 AM County Planner Paul Bussi Staff Report
11:18:14 AM Joyce Koutny Applicant presentation
11:21:16 AM Mark Chandler, Surveyor, C&H Engineering and Surveying Presentation on behalf of client Joyce Koutny with submittal of Exhibit A Item #10.
11:23:11 AM Joyce Koutny Submit Exhibit B Item #10
11:24:40 AM Commission question
11:25:07 AM Chairman Vincent There was no public comment.
11:25:22 AM County Planner Paul Bussi Staff comments
11:25:56 AM Commission question
11:27:30 AM Mark Chandler, Surveyor, C&H Engineering and Surveying Applicant rebuttal on behalf of client Joyce Koutny.
11:28:12 AM Commissioner Murdock Motion to approve the relocation as presented for Koutny because I think it meets all the requirements for exemption and the criteria.
11:28:26 AM Commissioner Mitchell Second
11:28:37 AM Motion passed unanimously.
11:28:44 AM Chairman Vincent Public Hearing and Consideration of a Resolution to Amend the Gallatin County FY 2004 Budget by Appropriating $54,941 in Revenues Received from the Montana Department of Transportation, CTEP & Town of Manhattan for the Gallatin River Trail Project
11:29:11 AM Grants Administrator Larry Watson Staff report
11:29:57 AM Chairman Vincent There was no public comment.
11:30:09 AM Commissioner Mitchell Motion that we approve Resolution 2004-025 amending the Gallatin county FY 2004 Budget as described.
11:30:17 AM Commissioner Murdock Second
11:30:23 AM Motion passed unanimously.
11:30:28 AM Chairman Vincent Public Hearing and Consideration of a Resolution to Amend the Gallatin County FY 2004 Budget by Appropriating $281,200 in Revenues Received from the Montana Department of Transportation, CTEP & Town of Three Forks for the Trident Trail and Bridges Project
11:30:48 AM Grants Administrator Larry Watson Staff report
11:31:21 AM Chairman Vincent There was no public comment.
11:31:35 AM Commissioner Mitchell Motion that we approve Resolution 2004-026 amending the Gallatin County FY 2004 Budget from CTEP Project as described.
11:31:44 AM Commissioner Murdock Second
11:31:50 AM Motion passed unanimously.
11:31:57 AM Chairman Vincent Continuation on Board Appointments: Big Sky Transportation District. There was no public comment.
11:32:51 AM Commissioner Murdock Comments and motion that we appoint Ms. Lisa Knorr.
11:33:10 AM Commissioner Mitchell Second
11:33:22 AM Motion passed unanimously.
11:33:25 AM Chairman Vincent West Yellowstone Hebgen Basin Solid Waste Management District. There was no public comment.
11:33:54 AM Commissioner Mitchell Motion that we appoint Gordon Berger to the West Yellowstone Hebgen Basin Solid Waste Management District #2.
11:34:01 AM Commissioner Murdock Second
11:34:06 AM Motion passed unanimously.
11:34:11 AM Chairman Vincent There were no Pending Resolutions.
11:34:25 AM Public comment Dennis James Kidder regarding Bridger View water supply and sewer systems.
11:34:51 AM Discussion and questions
11:40:08 AM County Attorney Marty Lambert Advice
11:44:56 AM Chairman Vincent Meeting adjourned
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