REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

Tuesday January 20, 2026

 

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

            PLEDGE:  MOMENT OF SILENCE, Held.

            MINUTES – December 30, 2025, January 6, 2026, and January 13, 2026.  Commissioner Waters made a MOTION to approve the Minutes, Commissioner White seconded.  Passed Unanimous.

            PUBLIC COMMENTS ON REGULAR, CONSENT AND FILED AGENDA ITEMS –   Rick Cebull – 4269 Lone Eagle Drive, gave his comments regarding the Lone Eagle North Subdivision Plat.  Mr. Cebull’s comments are included with the staff report given by City/County Planning.  Mr. Greg Reid, Agent for the application of Lone Eagle North Subdivision stated that there are two variances requested, the dead-end length and the connectivity variance.  The Planning Board recommended approval of variance number one and denial of variance number two.  Just as a point of clarity if we don’t get both, we are going to have to have a connection run through if the dead-end length isn’t approved.  Essentially, we couldn’t ask for one to be approved and one to be denied, they either both need to be denied or both approved.  In addition to that the owners are aware of the discussion that has been ongoing, and they are ok with emergency access road and only if it is gated on both top and bottom and does not let public access through going to the neighborhood to the south.  We don’t want to create a pass-through road.  That has been a major sticking point. 

Commissioner Waters asked if we deny both variances can a connector road still be done for emergency services.

Mr. Reid stated if you deny both variances there has to be a gate at the connection at the south end regardless.   

            COMMISSIONERS – Resolution 26-05 Establishing a Special Time of the Board of County Commissioners – The Commissioners Board Meeting Set for Tuesday February 3, 2026, will begin at 3:00 p.m.  Commissioner Waters made a MOTION to approve Resolution 26-05, Commissioner White seconded.  Passed Unanimous.

            PLANNING DEPARTMENT – Lone Eagle North Subdivision – Preliminary Major Subdivision.  Mr.  Dave Green, Planner stated that this subdivision will create 37 lots for residential development.  The subject property is generally located south of Alkali Creek Road and east of Highway 3.  This parcel of land is currently zone Agriculture.  The applicant has submitted for a zone change to Rural Residential (3) zoning.  The Planning Board is forwarding a recommendation of conditional approval to the Board of County Commissioners for the preliminary plat of Lone Eagle North Subdivision, adoption of the Findings of Fact as presented in the staff report.  The Planning Board is forwarding a recommendation of approval of the requested variance from Section 4.6.A.3 associated with providing connection to existing roads and denial of the variance associated with Section 4.6.A.7 regarding dead end roads exceeding 1,000 feet in length.  Planning staff is recommending denial of both variances.  County Public Works stated in reviewing the variance requests the “Public Works has reviewed the variances, and we will not support them.”  Mr. Green went through the proposed conditions.   Mr. Green stated that he had contacted the applicant and agent and in the conditions of approval an in response to what the agent was going to ask for, condition 6 which states – to complete the requirements of a Phased Subdivision, prior to final plat, the applicant will provide the correct paperwork to be recorded with the final plat, restrictions on conveyances.  Should the Board of County Commissioners require an Emergency Access Road connection to Lone Eagle Road to the south, the applicant will build it to County EAR standards, gate both ends, and update the SIA to reflect the required change.  This is a condition that we added onto, should the Commissioners decide to require an emergency access road versus’ a full road.  If that were to happen if you deny both variances but require an EAR.  Planning staff has put in there that it has to be built to county standards and gated on both ends.  That way it is official and known to the public should they be looking for it later.  Mr. Green went through the rest of the proposed conditions. 

Commissioner Waters asked if we deny both variances and emphasize on condition 6 that we want an emergency access road and built to EAR standards that can be part of the conditions of approval.

Mr. Green answered, yes. 

Commissioner Morse asked if we deny both variances and we require to have the emergency access road, then what happens because there will be access down to that road, to the 1000-foot rule?

Mr. Green stated if the connection is made, it will make it so that the dead end is less than 900 feet.

Commissioner Morse asked if we deny the variances and make them put in the emergency access road that takes care of all of the issues that the neighbors had, and that the developer had.  Then it is codified that the connection road is an emergency access road and will be gated on both ends.

Mr. Green answered, yes.

Ms. Monica Plecker, Public Works Director stated she wanted to make a point of clarification about some language being used.  The language that an emergency access road is not going to be a public road.  The emergency access road is still a public road and a public right of way.  It is gated and is only for the use of emergency access.  It is still going to be within a platted public space.  The Subdivision Improvement Agreement (SIA) will explain that it is an emergency access road, what the standard is built to and how it will be maintained, because they do require maintenance.  Gravel roads require maintenance because over time they will be taken over by grass and weeds.  It will still be public but will not be used as a public throughfare, used for emergency access. I need that to be very clear for you and to understand that will be clear in the SIA. 

Mr. Cebull stated that is not correct. That road that goes through our subdivision that is on the plat that would connect North Road is a private road; we landowners own to the middle of the private easement.  It is a private easement; it is not a public road.  We could put gates at the entry of our subdivision so it’s not a public road, that is our position.  It is a private easement from Highway 3 to the cul-de-sac that ends at our property.

Ms. Plecker stated as one final point of clarification I am specifically speaking the limits of this plat.  I am not talking about anything in Lone Eagle, only the emergency access road.  Where Mr. Cebull’s property starts, I am not taking about that.  We are talking about what is in the limits of this plat.  The stretch of that emergency access road is going to be a public emergency access road, that is how that works.  We are not going to have an emergency access road through private property, that is a private easement.  That would preclude emergency services from accessing.  I am not talking about the private portion that is along Mr. Cebull’s or any other part of Lone Eagle, just the limits of this plat. 

Commissioner Waters made a MOTION to conditionally approve the Lone Eagle North Subdivision, Preliminary Major Subdivision, denying Variance A and B approving the SIA and the Findings of Fact.  Commissioner Morse amended the MOTION to include condition 6 in the SIA, that an emergency access road will be built, Commissioner White seconded.  Passed Unanimous.    

            CLAIMS – Batches 26-092, 26-093 and 26-094.  Commissioner White made a MOTION to approve the Claims, Commissioner Waters seconded.  Passed Unanimous.

            CONSENT AGENDA – 1.  FINANCE – A.)  Invitation for Bid – Metra PA System.  B.)  Change Order #2 – Contract Design – Ostlund Building Furniture.  2.  PUBLIC WORKS – A.)  Notice of Award and Contract with Hardrives Construction, Inc. for the 2026 County Wide RSID Chip Seal Project.  B.)  Right of Way Agreement Ronald and John Staley – 48th and Central.  C.)  Right of Way Agreement Staley Family Irrevocable Land Trust – 48th and Central.  D.)  Addendum #1 for the Request for Qualifications for Professional Engineering Services – Revising the Bid Opening Time.  3.  HUMAN RESOURCES – PERSONNEL ACTION REPORTS – Detention Facility- 4 Appointments; Sheriff’s Office – 1 Appointment; County Attorney – 1 Termination.

            FILE ITEMS – 1.  CLERK AND RECORDER – Board Minutes – Yellowstone Conservation District Board Minutes – November.  2.  CLERK OF DISTRICT COURT – Checks and Disbursements for January 2026.  3.  COMMISSIONERS – Support Letter – WHC 2026 History Grant.  4.  FINANCE – PILT Budget Adjustment.  5.  PUBLIC WORKS – Contract with Hydrometrics, Inc.  Commissioner Waters made a MOTION to approve the 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 9:24 a.m.

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