Description Gallatin County Commissioners' Journal No. September 20, 2006
Date 09/20/2006 Location County Commission
Time Speaker Note
1:33:34 PM Chairman Vincent Call to Order. Present were Commissioners Murdock, Skinner and Vincent, Deputy County Attorney Greg Sullivan and Acting Clerk to the Board Mary Miller. Bresnan Communications will be televising the County Commission Meetings on Tuesdays and Wednesdays of each week on Channel 20. (Clerk note: No audio until 1:33:51)
1:34:05 PM Chairman Vincent There was no public comments on any matters within the Commission's jurisdiction.
1:34:22 PM Commissioner Skinner Read the consent agenda as follows: 1. Approval of Asset Disposal/Trade In for the Road and Bridge Department - 1994 Chevy Pickup-Trade in value $4,400 for 2003 GMC Pickup Crew Cab totaling $22,500.00 2. Decision for Boundary Relocation for Liebelson-Newhall 3. Approval of Contract(s): Contract with Synertx to Provide Therapy Services to the Gallatin County Rest Home
1:34:55 PM There was no public comment.
1:35:10 PM Commissioner Murdock Move to approve the consent agenda.
1:35:12 PM Commissioner Skinner Second
1:35:19 PM Motion passed unanimously.
1:35:22 PM Discussion between the Commission and County Attorney Marty Lambert
1:36:54 PM Chairman Vincent Decision on the Final Adoption of the Road Impact Fee Regulation
1:37:04 PM Open Lands Board Coordinator Mike Harris Presentation
1:37:43 PM There was no public comment.
1:38:16 PM Commissioner Skinner Move to approve Resolution #2006-099.
1:38:20 PM Commissioner Murdock Second
1:38:26 PM Board discussion including Mike Harris and County Attorney Marty Lambert
1:42:01 PM Motion passed unanimously.
1:42:10 PM Chairman Vincent Decision on the Final Adoption of the Fire and Public Safety Impact Fee Regulation
1:42:23 PM Open Lands Board Coordinator Mike Harris Presentation
1:43:03 PM Public comment Gilbert Moore, Central Valley Fire District Trustee
1:43:54 PM Closed public comment.
1:43:56 PM Chairman Vincent Once again this is Resolution #2006-100.
1:44:00 PM Commissioner Murdock Move to approve.
1:44:01 PM Commissioner Skinner Second
1:44:03 PM Board discussion including Mike Harris
1:45:45 PM Motion passed unanimously.
1:45:54 PM Chairman Vincent Discussion and Recommendation for the Bid Award for the Procurement of a New Bridge for Airport Road
1:46:05 PM Road and Bridge Superintendent Lee Provance Recommendation to accept the bid from Contech in the amount of $89,812.16.
1:46:35 PM Discussion and Questions
1:46:44 PM There was no public comment.
1:46:54 PM Closed public comment.
1:47:01 PM Commissioner Skinner I'll move to award the bid of procurement for Airport Road bridge to Contech in the amount of $89,812.16.
1:47:16 PM Commissioner Murdock Second
1:47:31 PM Motion passed unanimously.
1:47:35 PM Chairman Vincent Presentation on the Three Forks Growth Policy (Adopted by the City of Three Forks on August 22, 2006)
1:47:56 PM Three Forks Planning Consultant Ralph Johnson Presentation
1:55:29 PM Three Forks Mayor Gene Townsend Presentation
1:57:32 PM Discussion between the Commission, Gene Townsend, and Ralph Johnson
2:07:38 PM There was no public comment.
2:08:06 PM No action taken.
2:08:07 PM Chairman Vincent Public Hearing and Decision Regarding Direction for Staff on Various Aspects of the County Growth Policy Implementation Program, Including Direction for Drafting Regulations and Amendments to the Gallatin County Subdivision Regulations, the Bozeman Area/Gallatin County Zoning District, and the Gallatin County Growth Policy. The Decision Will Address a Countywide Density Regulation, a Countywide Transfer of Development Rights Program, Interlocal Agreements Between The Town of Manhattan, and the Cities of Three Forks, Belgrade, and Bozeman, as well as the Creation of a Rural Land Program
2:09:12 PM Discussion between the Commission and Planning Director Jennifer Madgic
2:12:43 PM Planning Director Jennifer Madgic PowerPoint Presentation
2:21:30 PM Chairman Vincent County Density Regulation
2:22:22 PM Deputy County Attorney Greg Sullivan Comments
2:23:21 PM Planning Director Jennifer Madgic Comments
2:23:37 PM Public comment Kerry White, Al Jaeger, Steve Ziegler, Betty Biggs, and Mark Siefert
2:37:18 PM Closed public comment.
2:37:22 PM Board discussion
2:44:05 PM Commissioner Murdock Comments, my vote today is to have them do it through a subdivision density regulation. I'll make that a motion if you want. So moved.
2:44:28 PM Commissioner Skinner Second
2:44:31 PM Board discussion
2:49:26 PM Motion passed unanimously.
2:49:29 PM Chairman Vincent Policy Decision-regarding what Base Density should be.
2:49:52 PM There was no public comment.
2:50:10 PM Board discussion
2:54:31 PM Commissioner Murdock I will move that we direct the staff to prepare the regulations that they're drafting with the 160 acre density in the unzoned area.
2:54:42 PM Commissioner Skinner Second
2:54:47 PM Motion passed unanimously.
2:54:49 PM Chairman Vincent Transfer of Development Rights Program
2:55:01 PM Public comment Janet Kempff, Kerry White, and David Loseff
2:59:50 PM Discussion between the Commission and Planner Randy Johnson
3:05:25 PM Chairman Vincent Policy Decision-Determine appropriate number of TDR allocation per total acreage
3:05:32 PM Discussion between the Commission, Jennifer Madgic, and Randy Johnson
3:08:11 PM Commissioner Skinner I would move to determine the appropriate numbers of TDR allocation per acre for staff direction would be 8 per 160 by right with the option of an appraisal method yet to be determined and for preliminary writings of the draft regulations to use the $20,000 at this point. As an allocation rate.
3:08:40 PM Commissioner Murdock Second
3:08:49 PM Motion passed unanimously.
3:08:50 PM Discussion between the Commission, Deputy County Attorney Greg Sullivan, Randy Johnson, Planner Sean O'Callaghan, and Jennifer Madgic
3:14:07 PM Public comment Kerry White, Janet Kempff, and Jim Loessberg
3:20:27 PM Chairman Vincent Policy Decision-Determine if other allocation methods should be utilized-cash-in lieu and/or appraisal method.
3:20:39 PM There was no public comment.
3:20:47 PM Discussion between the Commission and Randy Johnson
3:23:09 PM There was no public comment.
3:23:35 PM Commissioner Murdock I move that we ask our staff to include a cash-in lieu with a ceiling for now that's based on the present Pruetz and Open Lands Board and Wheeler allocation rate of $20,000, but subject to change and that you put in there a two-year cap on it and we'll review that in two-years, comments.
3:24:01 PM Commissioner Skinner Second
3:24:09 PM Board discussion
3:25:26 PM Commissioner Murdock I'll withdraw the motion, if you withdraw your second.
3:25:30 PM Commissioner Skinner I would do that.
3:25:31 PM No action taken.
3:25:32 PM Discussion between the Commission and Jennifer Madgic
3:26:09 PM Chairman Vincent Policy Decision-Determine if Gallatin County's program should establish a baseline floor area TDR requirement for homes over 4,000 square feet.
3:26:22 PM Discussion between the Commission, Jennifer Madgic, and Randy Johnson
3:28:25 PM Public comment Betty Biggs and Hallie Rugheimer
3:31:57 PM Board discussion
3:33:05 PM Commissioner Skinner I would move to give the direction to staff to not consider a baseline floor area TDR requirement at this time.
3:33:13 PM Commissioner Murdock Second
3:33:19 PM Motion passed unanimously.
3:33:21 PM Chairman Vincent Policy Decision-Determine if family transfers, boundary relocations and other statutory exemptions should be exempt from county density regulation requirements.
3:33:33 PM Public comment Betty Biggs, Jim Loessberg, and County Attorney Marty Lambert
3:38:41 PM Commissioner Murdock I'd like to move that we ask our staff to work on bill draft legislation that would expand the definition of family transfer to include agricultural family members, we already have a definition for that with our Open Lands Board to include aunts, uncles, sisters, and agricultural LLC's or partnerships and brother and sister. And then also to direct you to exempt family transfers from the density regulation.
3:39:14 PM Commissioner Skinner Second
3:39:17 PM Board discussion including Randy Johnson
3:42:48 PM Motion passed unanimously.
3:43:20 PM Chairman Vincent Gallatin County/Bozeman Area Zoning Regulation Policy Decision-Determine whether to eliminate increased density through "up zoning" (i.e. rezone of property from A-S to R-3). And determine whether to eliminate the standard development option of one unit per acre in the R-S District
3:43:46 PM Discussion between the Commission, Randy Johnson, Jennifer Madgic, and Deputy County Attorney Greg Sullivan
3:45:57 PM Public comment Kerry White
3:48:07 PM Commissioner Murdock Comments, I would like to have them draft regulations which would contemplate or reflect Gallatin County/Bozeman Area Zoning Regulations as being a receiving area for transferable development rights.
3:48:54 PM Commissioner Skinner Second
3:49:07 PM Motion passed unanimously.
3:49:10 PM Board discussion
3:49:43 PM Commissioner Skinner I would move to direct staff to not "up zone" and not eliminate the standard development option of 1 unit per acre in the RS District.
3:49:56 PM Commissioner Murdock Second
3:49:58 PM There was no public comment.
3:50:10 PM Discussion between the Commission, Randy Johnson, and Greg Sullivan
3:53:38 PM Commissioner Skinner I'll withdraw my original motion if the second will withdraw it.
3:53:41 PM Commissioner Murdock Yes
3:53:43 PM Commissioner Skinner I'll move to direct staff according to Greg Sullivan's language.
3:53:59 PM Chairman Vincent Is there a second?
3:54:00 PM Commissioner Murdock Yes
3:54:07 PM Motion passed unanimously.
3:54:10 PM Chairman Vincent Policy Decision-Determine whether to eliminate the present cluster development option within the A-S District
3:54:18 PM There was no public comment.
3:54:26 PM Discussion between the Commission, Randy Johnson, and Greg Sullivan
3:56:12 PM Commissioner Murdock So moved.
3:56:15 PM There was no public comment.
3:56:22 PM Commissioner Murdock So moved.
3:56:23 PM Commissioner Skinner Second
3:56:27 PM Chairman Vincent So moved, what?
3:56:32 PM Commissioner Murdock To eliminate the cluster development option and replace it with the baseline density that exists right now, with the option to increase density through the TDR.
3:56:48 PM Commissioner Skinner That's what I seconded.
3:56:56 PM Motion passed unanimously.
3:57:00 PM Chairman Vincent Policy Decision-Determine whether to institute an intra-district opportunity within Donut Zoning District (i.e. transfer existing rights from the RS District to another parcel in the AS District)
3:57:19 PM County Planner Randy Johnson Comments
3:57:35 PM Public comment Kerry White
3:58:40 PM Discussion between the Commission, Kerry White, and Jennifer Madgic
4:01:18 PM Commissioner Murdock Comments, I would move that we not allow intra.
4:01:41 PM Commissioner Skinner Second
4:01:45 PM Board discussion
4:02:06 PM Motion passed unanimously.
4:02:08 PM Chairman Vincent Policy Decision-Determine the maximum development density within a receiving parcel (i.e. 4 units/acre)
4:02:22 PM There was no public comment.
4:02:25 PM Discussion between the Commission and Randy Johnson
4:03:59 PM Public comment Steve Ziegler, David Loseff, and Richard Smith
4:10:10 PM Discussion between the Commission and Randy Johnson
4:11:43 PM Commissioner Murdock I move that we make it 9.
4:11:46 PM Commissioner Skinner Second
4:11:48 PM Board discussion including Greg Sullivan and Randy Johnson
4:15:10 PM Motion passed unanimously.
4:15:13 PM Chairman Vincent Policy Decision-Determine whether to allow transfer bonuses greater than "one for one".
4:15:23 PM Discussion between the Commission and Randy Johnson
4:16:23 PM There was no public comment.
4:16:33 PM Commissioner Skinner Move to direct staff to allow to write into the draft to allow transfer bonuses greater than "one for one".
4:16:41 PM Commissioner Murdock Second
4:16:43 PM Board discussion including Randy Johnson
4:17:00 PM Motion passed unanimously.
4:17:02 PM Chairman Vincent Policy Decision-Determine if development within the R-MH District can proceed without TDR requirement.
4:17:12 PM Discussion between the Commission and Randy Johnson
4:17:52 PM Public comment Richard Smith
4:19:14 PM Commissioner Murdock Comments, I think we should leave the mobile home designation there without the requirement for TDR's.
4:19:23 PM Commissioner Skinner Second
4:19:34 PM Motion passed unanimously.
4:19:38 PM Chairman Vincent City-County Interlocal Agreements Policy Decision-Determine how to prioritize interlocal agreement efforts
4:19:54 PM Discussion between the Commission and Jennifer Madgic
4:23:04 PM There was no public comment.
4:23:12 PM No action taken.
4:23:16 PM Chairman Vincent Policy Decision-Determine if all future interlocal agreements include participation in the County's TDR program
4:23:29 PM There was no public comment.
4:23:36 PM Board discussion
4:24:20 PM Commissioner Murdock I'll move that in the best interest of County Growth Policy that we strive to include a TDR program in all interlocal agreements.
4:24:33 PM Commissioner Skinner Second
4:24:39 PM Motion passed unanimously.
4:24:42 PM Chairman Vincent Rural Land Program Policy Decision-Determine the maximum density ( x development rights per y acres ) that can be achieved through the rural cluster subdivision option, assuming all criteria are met.
4:25:02 PM County Planner Sean O'Callaghan Comments, noting it should read "x units per y acres".
4:26:07 PM Discussion and Questions
4:27:13 PM Commissioner Murdock I move that we include a rural land program in this implementation plan.
4:27:18 PM Commissioner Skinner Second
4:27:20 PM There was no public comment.
4:27:26 PM Motion passed unanimously.
4:27:32 PM Discussion between the Commission and Sean O'Callaghan
4:29:28 PM Public comment Betty Biggs, David Loseff, Tom Malesnik, Richard Smith, Jim Loessberg, and Steve Ziegler
4:41:28 PM Commissioner Skinner Comments, I'd support 4 per 160 at this time, I'll move.
4:42:17 PM Commissioner Murdock Second
4:42:21 PM Board discussion
4:43:23 PM Motion passed unanimously.
4:43:26 PM Chairman Vincent Policy Decision-Determine the maximum size for each parcel within a cluster development-Determine the maximum number of parcels that can be created by a clustered development-Determine the minimum size of the area that must be preserved by a cluster development
4:43:44 PM Discussion between the Commission and Sean O'Callaghan
4:49:37 PM There was no public comment.
4:49:57 PM Commissioner Skinner I'll move to direct staff to begin writing a regulation for rural land cluster program with maximum size for each parcel being 40 acres with some reasonable yet to be determined maximum parcel size for the building envelope, to determine the maximum number of parcels to be created at 16 and to determine that the minimum size of the area that must be preserved by a cluster development would be 80 acres with 90% being preserved.
4:50:40 PM Commissioner Murdock Second
4:50:47 PM Board discussion
4:51:25 PM Motion passed unanimously.
4:51:27 PM Chairman Vincent Gallatin County Subdivision Regulations-Policy Decision-Determine if Gallatin County should utilize "two-tiered" approach to development standards as advocated by "Model Subdivision Regulations."
4:51:54 PM Discussion between the Commission, Randy Johnson, Greg Sullivan
4:55:42 PM Public comment Randy Carpenter
4:57:28 PM Discussion between the Commission and Randy Johnson
4:58:31 PM Commissioner Murdock Comments, I move that we make this development standard approach part of our interlocal agreement discussions with the cities.
4:59:40 PM Commissioner Skinner Second
4:59:41 PM Board discussion
4:59:54 PM Motion passed unanimously.
4:59:56 PM Chairman Vincent Policy Decision-Commissioners need to finalize list of incentives for developing in designated growth area.
5:00:05 PM Discussion between the Commission, Randy Johnson, Jennifer Madgic, and Greg Sullivan
5:02:14 PM Public comment Steve Ziegler
5:03:15 PM No action taken.
5:03:50 PM Chairman Vincent Pending Resolution-Correction to Lifting Restrictions on Burning in Gallatin County
5:04:04 PM Chairman Vincent Comments, need motion to adopt Resolution #2006-101.
5:04:16 PM Commissioner Skinner So moved.
5:04:17 PM Commissioner Murdock Second
5:04:23 PM Motion passed unanimously.
5:04:26 PM Meeting adjourned.
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