Description Gallatin County Commissioners' Journal No.
August 24, 2004
Location Gallatin County Courthouse
Time Speaker Note
9:10:20 AM Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Vincent and Murdock, County Attorney Lambert and Acting Clerk to the Board Mary Miller. Commissioner Mitchell was excused.
9:11:05 AM Chairman Vincent Adjustments to the regular agenda were as follows: Item #10, Public Hearing and Consideration/Decision of a Road Name Change in Gallatin County from Upper Beaver Creek Road to Bear Paw Ponds Road, will be changed to Item #2.
9:11:48 AM There was no public comment on matters within the Commissioner's jurisdiction.
9:12:06 AM Chairman Vincent Presented Fiscal Officer Ed Blackman with 10-year service pin for Gallatin County.
9:14:21 AM Commissioner Murdock Read the consent agenda as follows: 1. Approval of Claims 2. Approval of Public Meeting Minutes for August 3 & 10, 2004. 3. Approval of Contract(s): USDA MOU-Predatory (Sheep and Cattle); Van Dyken Drilling-Hebgen Lake Estates RID 322; Omdahl Excavation & Utilities, Inc.-Hebgen Lake Estates RID 322; Anderson Zurmuehlen & Co.P.C.-Logan Landfill Audit; and Galusha, Higgins, and Galusha
9:15:42 AM There was no public comment.
9:16:04 AM Commissioner Murdock I move that we approve the consent agenda, as read.
9:16:12 AM Chairman Vincent Second
9:16:15 AM Motion passed unanimously.
9:16:19 AM Chairman Vincent Public Hearing and Consideration/Decision of a Road Name Change in Gallatin County from Upper Beaver Creek Road to Bear Paw Ponds Road
9:16:41 AM GIS Coordinator Allen Armstrong Presentation
9:18:08 AM Public comment Tobin Jones and Brad Grein
9:21:02 AM Discussion and Questions
9:27:41 AM County Attorney Marty Lambert Advice
9:28:14 AM GIS Coordinator Allen Armstrong Comments
9:30:13 AM Commissioner Murdock I move that we approve the road name change in Gallatin County from Upper Beaver Creek Road to Bear Paw Ponds Road, as described by GIS. Resolution #2004-118
9:30:43 AM Chairman Vincent Requested that the motion be withdrawn for further public comment.
9:30:48 AM Commissioner Murdock Withdrew the motion.
9:30:54 AM Public comment Brad Grein
9:33:02 AM Commissioner Murdock I move that we approve the road name change of Upper Beaver Creek Road to Bear Paw Ponds Road, as described by the GIS Coordinator Allen Armstrong. Resolution #2004-118
9:33:30 AM Motion dies for lack of a second.
9:33:48 AM Commissioner Murdock I move that we deny the request to change Upper Beaver Creek Road to Bear Paw Ponds Road.
9:34:00 AM Chairman Vincent Second
9:34:06 AM Board discussion
9:36:53 AM Motion passed unanimously.
9:37:04 AM Chairman Vincent Receipt of Petitions to Annex Property into the Bridger Canyon Fire District
9:37:54 AM Clerk and Recorder Shelley Vance Presentation
9:40:44 AM Discussion
9:41:17 AM Recess
9:43:07 AM Chairman Vincent Reconvene to meeting. There was no public comment.
9:43:38 AM Commissioner Murdock I move that we accept the three petitions as presented by Clerk and Recorder Shelley Vance for annexation into these various properties, the Bridger Canyon Rural Fire District and set the public hearing date for September 21, 2004.
9:43:58 AM Chairman Vincent Second
9:44:02 AM Motion passed unanimously.
9:44:05 AM Chairman Vincent Announced that the Bid Opening for Wireless E911 Customer Premise Equipment was continued until August 31, 2004.
9:44:41 AM Chairman Vincent Public Hearing on First Reading to Rescind and Replace Ordinance #93-01 and Adopt a New Ordinance to Control Community Decay
9:44:55 AM Discussion and Questions
9:46:23 AM County Attorney Marty Lambert Advice
9:47:00 AM Amy Waring, Code Compliance Specialist Comment
9:47:14 AM Discussion and Questions
9:48:26 AM Commission Decision to move this agenda item to the end of the agenda.
9:49:05 AM Chairman Vincent Public Hearing and Consideration/Decision of Adoption of Final Budget and Usage of Floating Millage and Increase in the Permissive Levy for Medical Health Insurance Setting of Mill Levies
9:49:59 AM Fiscal Officer Ed Blackman PowerPoint Presentation
10:03:40 AM Discussion
10:06:31 AM Sheriff Jim Cashell Comments
10:08:05 AM Discussion between Fiscal Officer Ed Blackman and the Commission
10:09:49 AM County Attorney Marty Lambert Comment
10:11:29 AM Public comment Steve White
10:14:12 AM Discussion between Fiscal Officer Ed Blackman and the Commission
10:18:17 AM Commissioner Murdock Comment
10:19:51 AM Commissioner Murdock I move that we approve Resolution #2004-119, this would be the resolution exceeding the number of mills levied in FY 2004 for Public Safety, General, Bridge, Noxious weeds, Rest Home, Road, Fire district, Zoning districts, and other special district mills in compliance with 15-10-204 Montana Code Annotated and 15-10-420 MCA to maintain the same dollar amount of revenues as was generated excluding new construction in FY 2005.
10:20:31 AM Chairman Vincent Second
10:20:34 AM Fiscal Officer Ed Blackman Comments
10:22:02 AM Motion passed unanimously.
10:22:09 AM Commissioner Murdock Resolution #2004-120, I move that we approve that one which would adopt the final operating budget and capital projects budget for Gallatin County pursuant to MCA 7-6-4030(3) for county wide road, library, capital project, grant, special revenue, special district, and planning areas and all other funds.
10:22:36 AM Chairman Vincent Second
10:22:39 AM Discussion
10:23:20 AM Motion passed unanimously.
10:23:23 AM Commissioner Murdock I move we approve Resolution #2004-121, which is a resolution fixing the tax levy required by the final budget adopted for Gallatin County, pursuant to MCA 7-6-4034 and 7-6-4036 for county wide milled funds, the road fund, the library fund, grant and special revenue funds, special districts, planning areas and all other funds.
10:23:50 AM Chairman Vincent Second
10:23:58 AM Discussion
10:28:47 AM Motion passed unanimously.
10:28:49 AM Chairman Vincent Recess
10:41:50 AM Reconvene to meeting, Announcement- Public Hearing and Consideration of Approval of Contracts for Libraries and Senior Programs , continued indefinitely.
10:42:09 AM Chairman Vincent Continuation on Public Hearing and Consideration/Decision of Final Plat Approval for the Antelope Ridge Major Subdivision
10:42:21 AM County Planner Paul Bussi Staff report
10:45:16 AM Sheriff Jim Cashell Comments
10:52:32 AM Discussion and Questions
10:55:59 AM County Attorney Marty Lambert Advice
10:56:48 AM There was no public comment.
10:57:09 AM Doug Daniels, PE Comments
10:57:18 AM County Planner Paul Bussi Comments
10:57:37 AM Commissioner Murdock I move that we grant final plat approval to Antelope Ridge Subdivision finding that all the conditions have been met. We have the letter from the Belgrade Rural Fire District and we've had copious amounts of discussion on the impact fee condition and I think with the letter submitted by Mr. Theisen, I'm satisfied that that condition has been met.
10:58:00 AM Chairman Vincent Second
10:58:04 AM Motion passed unanimously.
10:58:11 AM Chairman Vincent Continuation on Public Hearing and Consideration/Decision of Independent Fee Calculation for Road Impact Fees for Phases 3 & 4 Elk Grove Major Subdivision
10:58:26 AM County Planner Sean O'Callaghan Staff report
10:59:35 AM Matt Williams, Attorney on behalf of Susan Swimley Presentation on behalf of client Elk Grove Development Company.
11:00:58 AM Bob Marvin, Marvin and Associates Overview of traffic study.
11:04:45 AM Road & Bridge Department George Durkin Comments
11:06:40 AM Public comment Frank Silva
11:11:36 AM Matt Williams, Attorney on behalf of Susan Swimley Comments
11:14:10 AM Bob Marvin, Marvin and Associates Comments
11:15:40 AM Matt Williams, Attorney on behalf of Susan Swimley Comments
11:18:28 AM Board discussion
11:22:24 AM County Attorney Marty Lambert Advice
11:26:18 AM Discussion
11:27:16 AM Commissioner Murdock I move that we accept the independent fee calculation, as presented for Elk Grove Phases 3 & 4.
11:27:31 AM Chairman Vincent Second
11:27:32 AM Discussion
11:30:36 AM Motion passed unanimously.
11:30:45 AM Chairman Vincent Public Hearing and Consideration/Decision of Request for Condition Modification for the Menders Minor Subdivision
11:31:08 AM County Planner Christopher Scott Staff report
11:36:17 AM Pers Hjalmarsson and Bill Dreyer, C & H Engineering & Surveying Presentation on behalf of applicant's Dennis and Cindey Menders
11:40:48 AM Discussion and Questions
11:42:17 AM County Attorney Marty Lambert Discussion with Mr. Dreyer, Mr. Hjalmarsson, and the Commission
11:47:52 AM There was no public comment.
11:48:09 AM Commissioner Murdock I would agree based on the presentation and the exhibits we've received that the condition is unnecessary and I would move that we change condition #7 to the language written in the staff report which shall read as follows: The final plat shall include a building envelope for Lot 5 that lies northerly and easterly from the 35-foot stream setback line of South Dry Creek. The following statement shall be included on the final plat: The finished floor elevation of all structures within the building envelope will be at least 4 feet above the bankfull elevation of South Dry Creek.
11:48:58 AM Chairman Vincent Second
11:49:08 AM Motion passed unanimously.
11:49:14 AM Chairman Vincent Public Hearing on First Reading to Rescind and Replace Ordinance #93-01 and Adopt a New Ordinance to Control Community Decay
11:49:19 AM Discussion between County Attorney Marty Lambert and Commission
11:51:19 AM Commissioner Murdock and Chairman Vincent Read the ordinance in its entirety.
12:03:11 PM Discussion between Amy Waring, Code Compliance Specialist and Commission
12:05:32 PM County Attorney Marty Lambert Advice
12:07:13 PM Discussion
12:11:10 PM Commissioner Murdock I move that we approve the Control Decay ordinance as read.
12:11:28 PM Chairman Vincent Second
12:11:30 PM It was noted there was no public to comment.
12:11:55 PM Motion passed unanimously.
12:12:00 PM There were no pending resolutions.
12:12:04 PM Meeting adjourned.
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