Description Gallatin County Commissioner's Journal No. December 14, 2004
Date 12/14/2004 Location County Commission
Time Speaker Note
9:03:28 AM Chairman Vincent Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Vincent, Mitchell and Murdock, Deputy County Attorney Kate Dinwiddie and Acting Clerk to the Board Mary Miller.
9:04:20 AM Chairman Vincent Announced agenda adjustments as follows: Regular agenda item #6, Continuation on Public Hearing and Consideration of a Resolution to Amend the Gallatin County FY 2005 Budget by Appropriating $168,090 for Completion of the Detention Center Remodeling Project and to Transfer $21,500 Budget Authority within the Sheriff-Detention Center Budget discussion will be continued until the December 15, 2004 public hearing, and consideration of the resolution will be heard at the December 21, 2004 public hearing. Approval of claims was moved from the consent agenda to the regular agenda for further discussion.
9:05:33 AM Commissioner Murdock Read the consent agenda as follows: 2. Request for Common Boundary Relocation Exemption for SARA TERRACE/M.C.O. Inc 3.Approval of Contract(s): Madison Watershed Weed Management Area; Monitoring Service Agreement-Court Services-Pre Trial Division; Eden Support Plus; and EMC2, Inc, Floodplain Consultation
9:06:08 AM There was no public comment.
9:06:20 AM Commissioner Murdock Move to approve the consent agenda as amended.
9:06:23 AM Commissioner Mitchell Second
9:06:29 AM Motion passed unanimously.
9:06:32 AM Chairman Vincent Approval of claims
9:06:39 AM Public comment Rick Kline
9:07:33 AM Discussion between Mr. Kline and the Commission
9:12:43 AM Auditor Jennifer Blossom Comments
9:13:59 AM Commissioner Mitchell Comments
9:14:46 AM Public comment Rick Kline
9:14:53 AM Discussion between Mr. Kline and the Commission
9:15:50 AM Commissioner Murdock Read the claims for consideration of approval.
9:16:25 AM Commissioner Murdock Move to approve it. (Claims)
9:16:27 AM Commissioner Mitchell Second
9:16:32 AM Board discussion
9:18:05 AM Motion passed unanimously.
9:18:07 AM Public comment on any matters within the Commission's jurisdiction.
9:18:17 AM Public comment Keith Mainwaring
9:20:11 AM Discussion between Mr. Mainwaring and the Commission
9:23:42 AM Public comment Rick Kline
9:24:27 AM Discussion between Mr. Kline and the Commission
9:27:06 AM Chairman Vincent Public Hearing and Request for Preliminary Plat Approval for the Moss Minor Subdivision
9:27:22 AM City County Planner Jason Karp Staff report, suggested adding condition #7(e): A waiver of fire impact fee shall be applied for with the final plat approval.
9:32:49 AM Discussion and Questions
9:35:02 AM Ron Allen, Surveyor, Allen & Associates Presentation of behalf of client Viola Moss
9:36:21 AM There was no public comment.
9:36:38 AM Commissioner Murdock This subdivision is totally consistent with the Belgrade Area Plan and the Gallatin County Subdivision Regulations and I move that we approve it with all the conditions presented to us by staff and amended, cause you did add something in there and you explained it to my satisfaction.
9:37:01 AM Commissioner Mitchell Second
9:37:15 AM Motion passed unanimously.
9:37:20 AM Chairman Vincent Public Hearing and Consideration of Level Two Approval for the Expenditure of Open Space Funds for the Open Space Funds for the DeHaan Conservation Easement
9:38:15 AM Mike Harris, Coordinator, Open Lands Board Presentation
9:40:32 AM Alex Diekmann, Trust for Public Land Presentation
9:47:54 AM Discussion and Questions
9:50:15 AM There was no public comment.
9:50:26 AM Mike Harris, Coordinator, Open Lands Board Comments
9:51:56 AM Commission comments
9:54:49 AM Commissioner Mitchell I move, finding that the request for funding from the Open Space Bond in the amount of $1,800,000 for the purchase of a conservation easement on property owned by the DeHaan Family and Trust for Public Lands 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 Million Eight Hundred thousand dollars and no
cents ($1,800,000) from the Open Space Bond Fund for the purchase of a conservation easement on property owned by the DeHaan Family 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.
9:56:36 AM Commissioner Murdock Second
9:56:48 AM Board discussion
9:58:04 AM Motion passed unanimously.
9:58:17 AM Chairman Vincent Public Hearing and Consideration/Decision on a Request for Preliminary Plat Approval for Foster Minor Subdivision
9:58:33 AM County Planner Paul Bussi Staff report, submitting letter from C&H Engineering labeled Exhibit A, Item #4, and a letter from Walter D. & Marjorie E. Johnson labeled Exhibit B, Item #4. Noted staff report error changing condition #9 to read: Foster Minor rather than Country Side Manor Minor Subdivision. Suggested adding to condition #14, the following: Roads within those easements be built to county gravel standards.
10:12:36 AM Commissioner Mitchell Noted additional letter with copy of the plat attached from Donald W. & Connie M. Zarr labeled Exhibit C, Item #4.
10:14:49 AM Mark Chandler, Surveyor, C&H Engineering Presentation of behalf of client Robert Foster submitting handout map of surrounding area.
10:19:54 AM Discussion and Questions
10:21:17 AM Public comment Mark Olson
10:23:18 AM County Planner Paul Bussi Comments
10:23:33 AM Comments and discussion between Mr. Chandler and the Commission
10:24:45 AM County Planner Paul Bussi Comments
10:25:07 AM Discussion between Deputy County Attorney Kate Dinwiddie and the Commission
10:25:33 AM Discussion with County Planner Randy Johnson and the Commission
10:27:15 AM Commissioner Murdock Comments
10:28:11 AM Discussion and Questions
10:28:46 AM Deputy County Attorney Kate Dinwiddie Advice
10:29:06 AM Discussion and Questions
10:30:06 AM Commissioner Murdock Finding that the subdivision proposed for the Foster Minor comports with the Growth Policy and subdivision law and has been adequately mitigated with the conditions as amended, I move that we approve it with the following changes, all the amendments as proposed by Paul and maybe for Mary's benefit he might have to summarize them and deleting the condition on the trails plan which is which one #24, but all the rest as he gave them to us and amended.
10:30:45 AM Commissioner Mitchell The only amendments are a condition #9 with the change of the name and #14 with the additional statement that roads with those easements will be built to county gravel standards.
10:31:01 AM Commission And removal of 24.
10:31:04 AM Commissioner Mitchell Second
10:31:35 AM Motion passed unanimously.
10:31:37 AM Recess
10:46:58 AM Chairman Vincent Reconvene to meeting. Public Hearing and Consideration/Decision on a Request for Final Plat Approval for the Amended Plat of Lot 28, Ross Creek Subdivision
10:47:10 AM County Planner Paul Bussi Staff report
10:48:06 AM Discussion and Questions
10:48:44 AM Steve Rude, Morrison-Maierle, Inc Comments on behalf of the owner.
10:49:07 AM There was no public comment.
10:49:44 AM Chairman Vincent Finding that all conditions have been met, I move that we give final plat approval for the amended plat of Lot 28 of Ross Creek Subdivision, finding that it complies with Gallatin County Growth Policy Plan, our Subdivision Regs and state statute.
10:50:06 AM Commissioner Mitchell Second
10:50:12 AM Motion passed unanimously.
10:50:34 AM Chairman Vincent Public Hearing and Consideration of a Resolution Approving and Establishing the Indirect Cost Allocation Plan for Gallatin County
10:50:50 AM Fiscal Officer Ed Blackman Presentation
10:54:03 AM There was no public comment.
10:54:14 AM Discussion and Questions
10:55:14 AM Commissioner Murdock I move that we approve Resolution #2004-160, which would establish the Indirect Cost Allocation Plan for Gallatin County as amended.
10:55:28 AM Chairman Vincent Second
10:55:32 AM Board discussion
10:56:17 AM Motion passed 2:1. Commissioner Mitchell opposed.
10:56:26 AM Chairman Vincent Public Hearing and Consideration/Decision Regarding a Resolution of Road Name Change in Gallatin County (Un-named road off of Gallatin Road to Cummings Lane)
10:56:49 AM Allen Armstrong, Coordinator, GIS Presentation
10:58:03 AM There was no public comment.
10:58:27 AM Commissioner Murdock Move to approve. (Resolution #2004-161)
10:58:29 AM Chairman Mitchell Second
10:58:42 AM Motion passed unanimously.
10:58:45 AM There were no pending resolutions.
10:58:52 AM Meeting adjourned.
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