REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

Tuesday September 30, 2025

            ALL PRESENT:  Commissioner Morse, Chair; Commissioners Waters and White; Board Clerk Teri Reitz; Clerk and Recorder Jeff Martin.

            PLEDGE:  MOMENT OF SILENCE, Held.

Commissioner Waters made a MOTION to Table Item 5 on the Consent Agenda, Commissioner White seconded.  Passed Unanimous. 

9:00 a.m. RECOGNITION – Veronica Marsich – Treasurer – 15 Years of Service; Bryan Anderson – Sheriff Patrol – 10 Years of Service; Harold Lott – Facilities – 10 Years of Service.

9:00 a.m. BID OPENING – A.)  Open and Acknowledge RFQ/RFP for General Contractor Construction Manager Services for Alternate Project Delivery for the Yellowstone County Courthouse Renovation.  Bids were opened and acknowledged from Swank Enterprises, R & R Taylor Construction, Dick Anderson Construction, Inc., Sletten Construction, Jackson Contractor Group, Inc, and Langlas and Associates.  Commissioner Waters made a MOTION to refer the bids to staff for recommendation back to this board, Commissioner White seconded.  Passed Unanimous.  B.)  Bid Opening for the Ostlund Building Furniture.

BID Amount

Peterson Quality Office, Inc.       $174,594.69      Alternate Bid - $174,091.31

            HiTouch Business Services          $184,135.38      HON Furniture

            HiTouch Business Services          $166,237.18      AIS Furniture

            Contract Design Mountain West  $133,988.55

Commissioner Waters made a MOTION to refer the bids to staff for recommendation back to this board, Commissioner White seconded.  Passed Unanimous.

9:00 a.m. ZONE CHANGE PUBLIC HEARINGS – A.)  County Zone change 731 -2142 Bitterroot Dr. – from Rural Residential 3 (RR3) to Rural Residential 1 (RR1).  Ms. Karen Husman, Zoning Coordinator stated that the applicant is requesting a zone change from Rural Residential 3 (RR3), which allows parcels of 3 to 9.99 acres, to Rural Residential 1 (RR1), which allows parcels of 1 to 2.99 acres.  The subject property is an approximate 5-acre parcel located on Tract 1 of COS 1073 located in Section 14, Township 1 North, Range 26 East.  The Zoning Commissioner held a public hearing on September 8, 2025, and concurred with staff’s recommended findings.  Zoning Commission is forwarding a recommendation of approval of Zone Change 731.  Commissioner Morse opened the Public Hearing.  Hearing no comments Commissioner Morse closed the Public Hearing.  Commissioner Waters made a MOTION to approve Zone Change 731 based on the 11 criteria, Commissioner White seconded.  Passed Unanimous.  B.)  County Zone Change 730 – 406 Johnson Lane – A zone change request from Rural Residential 3 (RR3) to Residential Manufactured (RMH).  Ms. Karen Husman, Zoning Coordinator stated the applicant has requested a zone change from Rural Residential 3 (RR3) to Residential Manufactured Home (RMH) for the western 6-acre portion of the subject property, legally described as S30, T01N, R27E, an unplatted parcel of land. The required pre-application neighborhood meeting was held on July 2, 2025, at 5:00 p.m. at the Lockwood Fire Station. Seven notified property owners attended. The applicant presented an aerial image and site plan identifying property boundaries, and the proposed zone change area (approximately 800–850 feet of the western portion of the parcel). An overview of the RMH zoning district, including permitted uses, site and structure standards, and design criteria, was provided. 

Neighborhood concerns included:

• Potential decrease in surrounding property values.
• Increased traffic impacts.
• Possible disruption to existing wildlife habitat.

The proposed zone change would allow the western 850+ feet (approximately 6 acres) of the property to be developed with manufactured homes. The applicant has indicated the intent is to provide affordable housing consistent with the existing RMH development located to the north. The current RR-3 zoning district is intended for single-family residences, with or without small-scale agricultural uses such as stables, livestock, or personal-use crop production. The district establishes basic height and setback requirements and requires lot sizes ranging from 3 to 10 acres.  The RMH zoning district permits manufactured homes. Approval of this request would provide an opportunity for additional residential development that aligns with the adjacent RMH neighborhood and aligns with the Lockwood Growth Policy for predictable land use decisions and preferred land use patterns. 
The 2016 Lockwood Growth Policy indicates this area of Johnson Lane to have the proposed future land use of "Residential 7-10du/ac." The proposed zone change allows for residential manufactured homes adjacent to the existing residential manufactured homes of Emerald View. The proposed zoning allows for 50% lot coverage and 3,000 sqft per principal building with a 15 feet separation between principal buildings. The future development on the property could yield approximately 7 dwelling units per acre with the assumption of 20% of the acreage being designated for the design of internal streets and accommodation for setbacks. 
Traffic on Johnson Lane and Old Hardin Road is monitored by the Planning Division's Transportation Planning staff. The latest data shows approximately 4,250 vehicle trips per day on Johnson Lane, south of Old Hardin Road, based on a three-year rolling average. Old Hardin Road experiences significantly higher daily traffic. The completion of the new bridge at the north end of Johnson Lane over the Yellowstone River and the future connection to Highway 312 and Main Street are expected to increase traffic around the Johnson Lane interchange. A complete reconstruction of the interchange, proposed as a $45 million federal, state, and local project, is scheduled for 2028 as part of the Long-Range Transportation Plan for the metropolitan planning area of Yellowstone County. This section of Lockwood is anticipated to see increased traffic and demand for urban-level services over the next 10 years. 
Planning staff has reviewed the application, the zoning history of the surrounding area, the Lockwood Growth Policy and transportation improvements planned for this area and recommended approval of the zone change. 
The County Zoning Commission conducted a public hearing on September 8, 2025, and is forwarding a recommendation of denial. Their determination contradicts staff’s recommendation and findings. The Commission found that the proposal: 

• Did not meet Growth Policy guidelines and was not compatible with surrounding land uses and existing development (Determination 1).
• Would have a significant impact on schools due to the potential number of residential units that could be developed on the property (estimated 80+ homes) (Determination 3).
• Would not conserve the value of existing buildings in the area (Determination 9).

Commissioner Morse opened the Public Hearing.  One person spoke in favor of the proposed Zone Change.  Two People spoke in opposition of the Zone Change.  Hearing no other comments Commissioner Morse closed the Public Hearing.  Commissioner Waters made a MOTION to deny Zone Change 730, Commissioner White seconded.  Passed Unanimous.  

PUBLIC COMMENTS ON REGULAR, CONSENT AND FILED AGENDA ITEMS – Hearing no comments Commissioner Morse continued the Board Meeting.

COMMISSIONERS – Resolution 25-117 Establishing Regular Meeting Dates and Times of the Board of County Commissioners.  Commissioner Waters made a MOTION to approve Resolution 25-117, Commissioner White seconded.  Passed Unanimous.

CLAIMS – Batches 26-034, 26-035, 26-036, 26-037, 26-038 and 26-039.  Commissioner White made a MOTION to approve the Claims, Commissioner Waters seconded.  Passed Unanimous. 

CONSENT AGENDA – 1.  COMMISSIONERS – A.)  Board Openings – Updated List.  B.)  Letter to Auzie Blevins – Park Funding Request.  C.)  Commissioner Board Appointment – Commissioner White to HRDC Board.  2.  COUNTY ATTORNEY – A.)  Just FOIA Redaction Software.  B.)  MetraPark Nonprofit Policy.  3.  EMEGERNCY AND GENERAL SERVICES – A.)  FY25/26 Volunteer Fire Capacity (VFC) Grant Award.  4.  EXTENSION SERVICES – FY2026 Extension Services Agreement Between Montana State University Extension and Yellowstone County.  5.  GEOGRAPHIC INFORMATION SERVICES – MOU with Laurel – TABLED.  6.  FINANCE – A.)  Bond for Lost Warrant.  B.)  Disposition of Assets Miscellaneous Equipment.  C.)  Change Order #2 – Sprague Roofing – Ostlund Building Roof Replacement.  D.)  Invitation for Bid – Metra Upper Lot Crack Sealing.  E.)  Recommendation of Award – Admin. Building Moving Services.  F.)  Draw #4 – Lockwood Water and Sewer District EDA Grant.  G.)  Change Order #1 – Dick Anderson Construction – Ostlund Building.  H.)  Invitation for Bid – Cedar Hall Renovation.  I.)  Request to Expend – Facilities – New Liebert AC Unit.  J.)  Yellowstone County Final FY26 Budget – State Filing.  7.  PUBLIC WORKS – A.)  Duck Creek Bridge Work Authorization 1 – Sletten Construction.  B.)  Material and Transportation Agreement with Weave Construction.  C.)  Notice of Intent to Award for an RSID Project over $80,000 – Eagle Bend Subdivision.  8.  SUPERINTENDENT OF SCHOOLS – A.)  School District Budgets and Trustee’s Financial Reports.  B.)  Resolution Fixing the Tax Levies for School Retirement and Transportation.  9.  YOUTH SERVICES – Guardian RFID Command Cloud Subscription Agreement.  10.  HUMAN RESOURCES – PERSONNEL ACTION REPORTS – Sheriff’s Office – 1 Appointment, 1 Termination; Detention Facility – 1 Appointment; Road & Bridge – 2 Appointments; MetraPark – 1 Salary & Other, 2 Terminations; IT – 1 Salary & Other; Motor Vehicle – 1 Termination; Youth Services Center – 1 Salary & Other, 1 Termination.

FILE ITEMS – 1.  AUDITOR – Payroll Audit September 1 to September 15, 2025.  2.  CLERK AND RECORDER – Board Minutes – Lockwood Irrigation District Minutes and Yellowstone Conservation District.  3.  COMMISSIONERS – Heights Water District Meeting Minutes August 2025 Corrected.  4.  A.)  Worden Ballantine Water Sewer District ARPA MAG Extension Request.  B.)  Progress Reports for the Period of 4/1/25-6/30/25 and 7/1/25-9/30/25.  5.  HUMAN RESOURCES – September 1 – September 15, Payroll Audit. 6.  PUBLIC WORKS – A.)  Contract with Claudill Forestry Services.  B.)  Contract with John’s Home and Yard Service.  7.  SUPERINTENDENT OF SCHOOLS – Yellowstone County FP9.  Commissioner Waters made a MOTION to approve the Amended Consent Agenda and place the File Items to file, Commissioner White seconded.  Passed Unanimous.

PUBLIC COMMENTS ON COUNTY BUSINESS – Hearing no comments Commissioner Morse adjourned the meeting at 9:32 a.m.

APPROVE ATTEST

DATE