Description Gallatin County Commissioners' Journal No. January 22, 2008
Date 01/22/2008 Location County Commission
Time Speaker Note
9:00:47 AM Chairman Murdock Call to Order, Moment of Silence, Pledge of Allegiance. Present were Commissioners Skinner, Murdock, and White, Deputy County Attorney Jecyn Bremer and Acting Clerk to the Board Stephanie Young.
9:01:33 AM Chairman Murdock Agenda Announcement(s): Reminder to the public that the meeting is being recorded, televised live by Bresnan Communications and streamed over the internet. Regular Agenda Item #5: Public Hearing and Decision on a Request for Preliminary Plat Approval for the Gray Hawk Ranch Estates Minor Subdivision - has been continued.
9:02:17 AM County Planner Tom Roger Proposed that this agenda item will be continued until Tuesday, February 19, 2008.
9:02:26 AM Chairman Murdock Announced to the public who was in attendance for Regular Agenda Item #5: Public Hearing and Decision on a Request for Preliminary Plat Approval for the Gray Hawk Ranch Estates Minor Subdivision that the developer requested this be continued until February 19, 2008.
9:02:53 AM Chairman Murdock Public comments on any matters within the Commission's jurisdiction. Jody Gryder, spoke in regards to the affects of the construction of gravel pits.
9:06:54 AM Discussion and Questions
9:07:17 AM Acting Clerk to the Board Stephanie Young Read the consent agenda as follows: 1. Approval of Claims, 2. Approval for Transfer of Budget Authority within the Human Resource Department from Salaries & Wages to Buildings
9:07:56 AM There was no public comment.
9:08:03 AM Commissioner Skinner Move to approve.
9:08:04 AM Commissioner White Second
9:08:07 AM Motion passed unanimously.
9:08:11 AM Chairman Murdock Board Appointment(s):
9:08:13 AM Commissioner White Fair Board
9:09:06 AM There was no public comment.
9:09:16 AM Chairman Skinner Comments, I would move to appoint Mr. (Dennis) Farnham, Mr. (Charles) Busta and Mrs. (Misty) Radue, I guess re-appoint them to the Fair Board.
9:09:45 AM Commissioner White Second
9:09:52 AM Motion passed unanimously.
9:09:59 AM Commissioner Skinner Manhattan City-County Planning Board
9:10:25 AM There was no public comment.
9:10:34 AM Commissioner White I'd make a motion for the appointment of Kelly Miller to the Manhattan City-County Planning Board.
9:10:40 AM Commissioner Skinner Second
9:10:45 AM Motion passed unanimously.
9:10:53 AM Commissioner White Bozeman City Planning Board
9:11:27 AM There was no public comment.
9:11:38 AM Commissioner Skinner Move to re-appoint Mr. William Quinn to the Bozeman City Planning Board.
9:11:44 AM Commissioner White Second
9:11:48 AM Motion passed unanimously.
9:11:55 AM Chairman Murdock Bid Award Recommendation for the Law & Justice Center Flooring Replacement Project
9:12:13 AM Grants Administrator Larry Watson Recommendation to award the bid to Rich's Flooring $46,475.00 and a collected bid with all 9 alternates included for $56,005.00. The other two proposals were Carpet One with a collective bid of $60,608.00 and Pierce Flooring collective bid of $60,811.00.
9:14:13 AM Discussion and Questions
9:15:08 AM There was no public comment.
9:15:19 AM Commissioner Skinner I would move to award this flooring replacement bid to Rich's Flooring in the amount of $56,005.00 for the base bid plus all 9 alternate bids.
9:15:34 AM Commissioner White Second
9:15:45 AM Motion passed unanimously.
9:15:52 AM Chairman Murdock Public Hearing Regarding the Availability of Funding Through the H.O.M.E. Home Investment Partnership Act Program
9:16:06 AM Grants Administrator Larry Watson Presentation
9:23:10 AM Discussion and Questions
9:23:39 AM Public Comment Jay Winchester, REACH Inc.
9:25:07 AM Grants Administrator Larry Watson Comments
9:25:33 AM No Action Taken.
9:25:36 AM Chairman Murdock Public Hearing and Decision on a Resolution Establishing the Vehicle Reimbursement, Meal per Diem and the Lodging Rates for Gallatin County for the Year Beginning January 1, 2008 (Continued from 01/15/2008)
9:26:04 AM County Administrator Earl Mathers Presentation
9:26:59 AM Discussion and Questions
9:27:33 AM There was no public comment.
9:27:47 AM Commissioner White I make a motion for the approval of Resolution #2008-007.
9:27:52 AM Commissioner Skinner Second
9:27:57 AM Motion passed unanimously.
9:28:06 AM Commissioner White Clarification to motion.
9:28:13 AM Chairman Murdock I meant unanimously approved.
9:28:23 AM Chairman Murdock Public Hearing and Decision on a Request for Preliminary Plat Approval for the Gray Hawk Ranch Estates Minor Subdivision - has been continued until February 19, 2008. Public Comment and Decision on Policy Direction to Planning Staff Regarding Drafting of a Zoning Regulation for the Growth Policy Implementation Program
9:29:55 AM Planning Director Greg Sullivan Presentation
9:31:47 AM Discussion and Questions
9:37:19 AM County Planner Sean O'Callaghan Noted the topics that will be discussed: Regulations, Affected Area, Density, Rural Cluster Development Program and Transfer of Development Rights Program
9:38:37 AM County Planner Sean O'Callaghan Regulations - 1A. Should the Regulations include any specific requirements or standards for specific uses? 1B. As an alternative to regulating specific uses, should the Regulations include a threshold that will require review of major development projects and uses?
9:41:15 AM Discussion between the Commission and Greg Sullivan
9:43:42 AM Public Comment Mack Butler
9:45:46 AM Discussion between the Commission, Mack Butler and Greg Sullivan
9:50:58 AM Public Comment Dan Griffing and David Bennett
9:58:46 AM Discussion between the Commission, Greg Sullivan and David Bennett
10:01:47 AM Public Comment Jason Kamp
10:02:34 AM Discussion between the Commission, Greg Sullivan, Jason Kamp and Sean O'Callaghan
10:09:27 AM Public Comment Betty Biggs and Jason Kamp
10:14:04 AM Discussion between the Commission and Jason Kamp
10:15:35 AM Board Discussion including Sean O'Callaghan and Greg Sullivan
10:28:13 AM Chairman Skinner I would move to, under 1(A), to draft the regulations so they do not include specific requirements or standards, especially directed to the list of uses in staff comments.
10:28:32 AM Commissioner White Second
10:28:34 AM Commission comments
10:29:21 AM Commissioner Skinner My motion is no on (A).
10:29:25 AM Commissioner White Second
10:29:33 AM Motion passed 2:1. Commissioner White opposed.
10:29:42 AM Commissioner Skinner I would move yes on (B), to use, draft regulations uses to, not to regulate uses, but to include a threshold that would require review of major development projects.
10:29:56 AM Commissioner White Second
10:30:03 AM Motion passed 2:1. Commissioner Murdock opposed.
10:30:30 AM Planning Director Greg Sullivan Affected Area - 2A. Will the Commission's program include existing Part 2 ("201") zoning districts? 2B. How does the Commission desire to deal with planning jurisdictions for Manhattan and Belgrade? 2C. How are we going to deal with the neighborhood planning efforts that are underway?
10:32:07 AM Discussion between the Commission, Greg Sullivan and County Planner Sean O'Callaghan
10:47:06 AM Public Comment Dan Griffing, Betty Biggs and Marc Seifert
10:55:18 AM Discussion between the Commission, Greg Sullivan and Marc Seifert
11:13:22 AM Public Comment William Cok and Dan Griffing
11:18:42 AM Board Discussion including Greg Sullivan
11:27:26 AM Commissioner Skinner I would move to, on 2(A): no, on 2(B): no, with the idea that County planning staff and the Commission would work in complement with the zoning efforts in the donuts and on 2(C) to remain undecided until Planning staff has an opportunity to give us some recommendation.
11:28:08 AM Commissioner White Second
11:28:11 AM Discussion between the Commission and Greg Sullivan
11:32:14 AM Motion passed 2:1. Commissioner Murdock opposed.
11:32:17 AM Chairman Murdock Requests from the public and staff a recommendation on whether to proceed with hearing.
11:32:40 AM Planning Director Greg Sullivan Comments
11:33:19 AM Public Comment Mack Butler
11:37:22 AM Recess
11:53:22 AM Chairman Murdock Reconvene to meeting.
11:53:42 AM County Planner Sean O'Callaghan Density - 3A. Should future development be regulated in terms of "density" or in terms of "minimum lot size"? 3B. Is the density still one unit per 160 acres for the purpose of the draft Regulations?
11:58:07 AM Discussion between the Commission and Planning Director Greg Sullivan
12:00:04 PM Public Comment Dan Griffing
12:04:21 PM County Planner Randy Johnson, AICP Comments
12:05:19 PM County Planner Sean O'Callaghan Comments
12:06:43 PM Public Comment Betty Biggs and Marc Seifert
12:09:01 PM Discussion between the Commission, Marc Seifert, Sean O'Callaghan, Greg Sullivan and Randy Johnson
12:11:58 PM Public Comment William Cok
12:12:20 PM Discussion between the Commission, Greg Sullivan and Randy Johnson
12:14:41 PM Public Comment Marc Seifert
12:15:40 PM Board Discussion including Sean O'Callaghan and Greg Sullivan
12:21:17 PM Commissioner Skinner I would move to go with density on (A) and to go at this time with 160 acres on (B) with the rural cluster and the provisions we've been talking about, on the above 160.
12:21:38 PM Commissioner White Second
12:21:41 PM Board Discussion including Jason Kamp and Sean O'Callaghan
12:23:36 PM Motion passed 2:1. Commissioner White opposed.
12:24:06 PM County Planner Sean O'Callaghan Rural Cluster Development Program - 4A. How does the Commission desire to deal with the open space created through RCD projects in terms of the mechanism to preserve open space and the length of time the open space must be preserved? 4B. Based on the response to 3.B above; should there be a change to the established maximum density (one unit per 40-acres) for RCD projects?
12:27:03 PM Discussion between the Commission and Sean O'Callaghan
12:30:18 PM Public Comment Betty Biggs, Dan Griffing, William Cok and Marc Seifert
12:40:31 PM Discussion between the Commission and Sean O'Callaghan
12:43:04 PM Board Discussion including Planning Director Greg Sullivan and Sean O'Callaghan
1:06:14 PM Planning Director Greg Sullivan A spot zoning analysis is always going to be fact specific and so it' s kind ofhard to say right now, blanket yes that would be spot zoning, no it would not be you need to look at the facts of the situation, who's involved, how big the cluster project was in ordered to be answered.
1:06:32 PM Commissioner White Can you incorporate into zoning regulations the specifics that would protect it from that argument? Say that this can be changed, that this is one classification that can be changed for the purposes of development or something like that.
1:06:49 PM Planning Director Greg Sullivan There will be a zone map amendment process, there has to be some kind of process in there. I think what you're asking here overall is that, we do it through zoning and you create a situation where there is flexibility for future landowners in another generation or two to come in front of another commission to use their legislative discretion with how to change that designation.
1:07:19 PM Commissioner Skinner I would move what Greg said.
1:07:26 PM Commissioner White Second
1:07:36 PM Chairman Murdock Clarification to motion. Deal with the open space created through the RC&D projects in a more flexible manner than simply a conservation easement not necessarily in perpetuity but indefinitely, but with a process through zoning that could possibly change it in the future, comments.
1:08:43 PM Motion passed 2:1. Chairman Murdock opposed.
1:09:02 PM Commissioner Skinner I would move to draft the regs. with the 40 acre provision in the RC&D, but to be flexible after the regs. are drafted to reconsider the number.
1:09:16 PM Commissioner White Second
1:09:22 PM Motion passed unanimously.
1:09:31 PM County Planner Randy Johnson, AICP Transfer of Development Rights Program - 5A. Are they development rights (TDRs) or are they development credits (TDCs)? 5B. Are deed restrictions associated with the County's TDR/TDC Program going to be in perpetuity, limited to a specified length of time (term deed restriction), or "decoupled"? 5C. Should intra district transfers be allowed within receiving areas? 5D. What paths should exist to allow development in receiving areas to achieve increased density? 5E. Does the County want to employ a mechanism to assure buyers and sellers can find one another?
1:17:03 PM Discussion between the Commission, County Planner Sean O'Callaghan and Randy Johnson
1:20:09 PM Public Comment Dan Griffing, Marc Seifert, Betty Biggs and William Cok
1:34:18 PM Discussion including Greg Sullivan, Betty Biggs, Jason Kamp, Dan Griffing and Randy Carpenter
2:00:18 PM Board Discussion including Greg Sullivan, Deputy County Attorney Jecyn Bremer, Sean O'Callaghan and Randy Johnson
2:14:42 PM Commissioner Skinner Move to use credits instead of development rights.
2:14:46 PM Commissioner White Second
2:14:51 PM Motion passed unanimously.
2:14:55 PM Commissioner White Motion to decouple, to use decoupling, comments
2:15:08 PM Commission comments
2:15:24 PM Commissioner White Well, let's just make two motions. I make a motion to use, to decouple.
2:15:33 PM Commissioner Skinner Second
2:15:37 PM Motion passed unanimously.
2:15:40 PM Commissioner White My second motion would be to use, to determine the value would be based upon the appraised value of the land and with a divider.
2:15:52 PM Commissioner Skinner So are you saying were going to use credits and not term deed restriction?
2:15:57 PM Commissioner White Correct
2:15:58 PM Commissioner Skinner Second
2:16:06 PM Discussion between the Commission, Randy Johnson and Greg Sullivan
2:20:21 PM Motion passed unanimously.
2:20:27 PM Board Discussion
2:21:03 PM Commissioner White Comments, you could sell everything but what you really needed to leave on the property.
2:21:16 PM Commissioner Skinner I move to that affect.
2:21:17 PM Commissioner White Second
2:21:22 PM Motion passed unanimously.
2:21:36 PM Commissioner White I make a motion to, that there would be allowed intra-district transfers within the receiving areas.
2:21:50 PM Commissioner Skinner Second
2:21:53 PM Discussion between the Commission and Randy Johnson
2:25:29 PM Motion passed unanimously.
2:25:34 PM Board Discussion
2:25:40 PM County Planner Sean O'Callaghan Noted an error in the Staff Report in Item #5.B last paragraph should reflect 4:1 to 2:1 instead of 1:4 to 1:2, comments.
2:26:21 PM Discussion between the Commission, Sean O'Callaghan, Greg Sullivan and Randy Johnson
2:30:08 PM Commissioner White The motion would be to reduce it from 4:1 to 2:1.
2:30:16 PM Commissioner Skinner Second
2:30:21 PM Discussion between the Commission and Greg Sullivan
2:33:49 PM Motion passed 2:1. Commissioner White opposed.
2:33:58 PM Board Discussion including Deputy County Attorney Jecyn Bremer, Randy Johnson, Greg Sullivan and Sean O'Callaghan
2:45:43 PM Chairman Murdock So we need a motion in the affirmative that yes we want to head them off at the pass for no more zoning, up-zone entitlements, unless you do TDC's.
2:45:55 PM Also, just say something as simple as you you want to stick with the decisions you made back in September of '06.
2:46:07 PM Commissioner Skinner I would move to do that, but for staff to make sure that, that is does legally.
2:46:19 PM Commissioner White Second
2:46:27 PM Discussion between the Commission, Greg Sullivan and Randy Johnson
2:49:37 PM Motion passed 2:1. Commissioner White opposed.
2:49:45 PM Deputy County Attorney Jecyn Brem Clarification and comments
2:50:28 PM Commissioner White I move for nothing. (Topic 5.E.)
2:50:33 PM Commissioner Skinner Second
2:50:36 PM Board Discussion including Betty Biggs, Dan Griffing, Randy Carpenter and Greg Sullivan
3:00:37 PM Motion passed unanimously.
3:00:55 PM There were no Pending Resolutions.
3:00:57 PM Meeting Adjourned.
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