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Gallatin County Commission Meeting Minutes August 25, 2009
Description Gallatin County Commissioners' Journal No. 51 August 25, 2009
Date 08/25/2009 Location County Commission
  
Time Speaker Note
9:02:10 AM Chairman White Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners White, Murdock and Skinner, Deputy County Attorney Jecyn Bremer, and Acting Clerk to the Board Veniece Lindemulder.
9:03:00 AM Chairman White Announcement: Reminder to the public that the meeting is being recorded, televised live by Bresnan Communications and streamed over the internet.
9:03:27 AM Chairman White There was no public comment on matters within the Commission's jurisdiction.
9:03:43 AM Acting Clerk to the Board Veniece Lindemulder Read the consent agenda as follows: 1. Approval of Claims, 2. Approval of Asset Disposal of a Sony Smart Zoom Camera from the Facilities Department, 3. Approval of Letter of Intent to the Addictive and Mental Health Disorders Division for Seek Matching Funds allocated in House Bill 130, 4. Decision Regarding an Aggregation Exemption from Subdivision Review Requested by Chaney - pulled indefinitely
9:04:31 AM Chairman White There was no public comment.
9:04:41 AM Commissioner Skinner Move to approve the consent agenda as read into record and amended.
9:04:45 AM Commissioner Murdock Second
9:04:49 AM   Motion passed unanimously.
9:04:54 AM Chairman White Agenda Announcement: Item #7, Public Hearing and Decision Regarding a Family Transfer Exemption from Subdivision review Requested by Chaney, has been pulled indefinitely.
9:05:12 AM Chairman White Board Appointments
9:05:19 AM Commissioner Skinner Fair Board
9:05:55 AM   There was no public comment.
9:06:06 AM Commissioner Murdock Comments, I would move that we appoint Deputy Johnson.
9:06:50 AM Commissioner Skinner Second
9:06:53 AM   Board discussion
9:07:27 AM   Motion passed unanimously.
9:07:33 AM Chairman White Public Hearing and Decision on a Resolution of Road Name Change in Gallatin County to Name an Un-Named Driveway off Nelson Road to Red Fox Lane
9:07:45 AM GIS Coordinator Allen Armstrong Presentation, submitted map labeled Exhibit A, Item #2.
9:09:39 AM   There was no public comment.
9:09:49 AM   Board discussion including Allen Armstrong
9:10:25 AM Commissioner Skinner I'll move to approve Resolution #2009-103 which is the resolution which would change an un-named driveway off Nelson Road to Red Fox Lane.
9:10:36 AM Commissioner Murdock Second
9:10:40 AM   Motion passed unanimously.
9:10:52 AM Chairman White Public Hearing and Decision on a Resolution to Abandon a Portion of West Main Street in Old Town Three Forks
9:10:59 AM Clerk & Recorder Charlotte Mills Presentation
9:12:21 AM   There was no public comment.
9:12:30 AM Commissioner Skinner Move to approve Resolution #2009-104 which would abandon this road.
9:12:36 AM Commissioner Murdock Second
9:12:40 AM   Board discussion
9:13:11 AM   Motion passed unanimously.
9:13:25 AM Chairman White Receipt of Petition to Abandon Portions of Mule Deer Road, Black Moose Road and Bull Elk Road in Lazy Acres Subdivision
9:13:37 AM Clerk & Recorder Charlotte Mills Presentation
9:14:40 AM   There was no public comment.
9:14:52 AM Commissioner Skinner I would move that we set a viewing committee of Charlotte Mills, Clerk & Recorder, and Commissioner Murdock to go on-site to observe this and make findings as to whether we should abandon this road or not.
9:15:05 AM Commissioner Murdock Second
9:15:10 AM   Motion passed unanimously.
9:15:17 AM Chairman White Public Hearing and Decision on a Resolution of Intent to Transfer the Clerk & Recorder's Accounting/Financial Duties and Responsibilities to the County Commission
9:15:28 AM Clerk & Recorder Charlotte Mills Presentation
9:16:06 AM   Discussion between the Commission and Charlotte Mills, submitted memorandum regarding the transfer of accounting duties to the commission which was reviewed by Stefeni Freese, external auditor, labeled Exhibit A, Item #5.
9:21:10 AM Public comment  County Administrator Earl Mathers
9:22:56 AM   Closed public comment.
9:22:59 AM   Board discussion
9:24:24 AM Commissioner Skinner I would move to approve Resolution of Intent #2009-105.
9:24:31 AM Commissioner Murdock Second
9:24:33 AM   Board discussion
9:24:53 AM   Motion passed unanimously.
9:25:03 AM Chairman White Public Hearing and Decision on a Request for Boundary Realignment within a Platted Subdivision Exemption from Subdivision Review for Wortman (Continued from August 4, 2009 Regular Agenda)
9:25:15 AM County Planner Ada Montague Staff report
9:27:14 AM Jerry Wortman Applicant presentation
9:29:11 AM   There was no public comment.
9:29:19 AM   Closed public comment.
9:29:23 AM Commissioner Murdock Comments, I would move to approve the relocation of common boundaries.
9:29:38 AM Commissioner Skinner Second
9:29:41 AM   Board discussion/Findings
9:30:01 AM   Motion passed unanimously.
9:30:16 AM Chairman White Public Hearing and Decision on Common Boundary Relocation Exemption from Subdivision Review Requested by Circle 4 Ranch, Part II
9:30:28 AM County Planner Ada Montague Staff report, submitted map labeled Exhibit A, Item #8
9:34:06 AM   Discussion and Questions
9:34:44 AM Bob Lee, Land Use Planner, Morrison-Maierle, Inc. Presentation on behalf of applicants Circle 4 Ranch-Mike & Lavonne Cole, submitted map labeled Exhibit B, Item #8.
9:41:00 AM   There was no public comment.
9:41:15 AM Commissioner Skinner Comments, I would move to approve this relocation.
9:41:55 AM Commissioner Murdock Second
9:42:02 AM   Board discussion/Findings
9:43:43 AM   Motion passed unanimously.
9:43:57 AM Chairman White Public Hearing and Comment on a Conservation Easement Being Donated to the Gallatin Valley Land Trust by the Butterfield/Buck Family
9:44:47 AM Open Lands Coordinator Mike Harris Presentation
9:45:41 AM Kelly Pohl, Gallatin Valley Land Trust PowerPoint Presentation
9:48:26 AM   Discussion and Questions
9:48:41 AM   There was no public comment.
9:48:48 AM   Discussion between the Commission and Mike Harris
9:50:20 AM   No action taken.
9:50:24 AM Chairman White Public Hearing and Decision on Level One Approval of an Application for Open Space Bond Funds for the Purchase of a Conservation Easement on the Alberda/Leep Property
9:50:37 AM Open Lands Coordinator Mike Harris Presentation
9:51:50 AM Kelly Pohl, Gallatin Valley Land Trust PowerPoint Presentation
9:58:36 AM   There was no public comment.
9:58:47 AM   Discussion between the Commission and Mike Harris
9:59:14 AM Commissioner Skinner Move to approve level one funding for this application.
9:59:17 AM Commissioner Murdock Second
9:59:21 AM   Board discussion/Findings including Mike Harris
10:00:51 AM   Motion passed unanimously.
10:00:56 AM Chairman White Public Hearing and Decision on Certification of Appraiser and Final Approval of a Grant from the Open Space Bond Fund for the Sorenson Conservation Easement
10:01:08 AM Open Lands Coordinator Mike Harris Presentation, submitted corrected motion labeled Exhibit A, Item #11.
10:02:48 AM Kelly Pohl, Gallatin Valley Land Trust PowerPoint Presentation
10:06:01 AM   Discussion between the Commission and Mike Harris
10:07:11 AM   There was no public comment.
10:07:29 AM Commissioner Skinner I'll move for approval, comments.
10:07:30 AM   Discussion between the Commission and Deputy County Attorney Jecyn Bremer
10:07:53 AM Commissioner Skinner I will move, finding that the request for funding from the Open Space Bond in the amount of $70,000 for the purchase of a conservation easement on the Beacon Hill property owned by Margie Nord and Peggy Stradley meets; The purposes of the Montana Open-Space Land and Voluntary Easement Act; and Fulfills the County appraisal requirement 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 $70,000 from the Open-space Bond Fund for the purchase of a conservation easement on property owned by the Sorenson 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.
10:09:49 AM Commissioner Murdock Second
10:09:53 AM   Board discussion including Mike Harris, it was noted that Clark Wheeler is recognized as the appraiser.
10:10:35 AM   Motion passed unanimously.
10:10:45 AM Chairman White Public Hearing and Decision Regarding the McBride Minor Subdivision, Including a Variance Request from Section 7.F.3 of the Gallatin County Subdivision Regulations
10:11:00 AM Belgrade City-County Planner Heidi Jensen Staff report
10:14:54 AM   Discussion and Questions
10:16:19 AM Debra Anderson, Gateway Engineering & Surveying Presentation on behalf of applicant McBride Family Investments
10:19:43 AM   Discussion and Questions
10:21:45 AM   There was no public comment.
10:21:57 AM Chairman White Closed public comment.
10:22:04 AM   Board discussion/Findings including County Road & Bridge Engineer George Durkin, Debra Anderson, Deputy County Attorney Jecyn Bremer, and County Planner Randy Johnson
10:35:35 AM Commissioner Murdock I move that we continue this, not to a time certain, but as quickly as possible, comments.
10:36:05 AM   Board discussion including Debra Anderson, George Durkin and Heidi Jensen
10:39:22 AM Commissioner Skinner Second
10:39:41 AM   Motion passed unanimously.
10:40:24 AM Chairman White Public Hearing and Decision Regarding a Request for an Extension of the Preliminary Plat Approval for the Bridger Lake Meadows Subdivision Phases 3-6 as a Specific Condition of a Subdivision Improvements Agreement as per Section 3.N.i.B of the Gallatin County Subdivision Regulations
10:40:44 AM Belgrade City-County Planner Jason Karp Staff report
10:43:30 AM   There was no public comment.
10:43:41 AM   Board discussion/Findings including Jason Karp
10:44:22 AM Commissioner Skinner I would move the County Commission approve the Improvements Agreement for Bridger Lake in the amount of $5,400 and to direct the Clerk & Recorder to release the current Improvements Agreement and Letter of Credit that's currently on file and to approve the extension of the preliminary plat approval.
10:44:41 AM Commissioner Murdock Second
10:44:44 AM   Motion passed unanimously.
10:45:10 AM Chairman White Pending Resolution: Adoption of a Resolution of Intention to Adopt a Zone Text Amendment to the Middle Cottonwood Zoning District to Add an Accessory Dwelling as a Permitted Use in the Agricultural and Rural Residential (AR) District (Hearing held August 11, 2009)
10:45:32 AM Compliance Specialist Amy Waring Presentation
10:46:19 AM   There was no public comment.
10:46:29 AM Commissioner Murdock Move to approve Pending Resolution #2009-106.
10:46:39 AM Commissioner Skinner Second
10:46:46 AM   Motion passed unanimously.
10:46:57 AM   Meeting adjourned.