REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
Tuesday July 25, 2023
ALL PRESENT: Commissioner Morse, Chair Pro-Tem, Commissioner Jones; Board Clerk Teri Reitz; Clerk and Recorder Jeff Martin.
PLEDGE: MOMENT OF SILENCE, Held.
MINUTES July 11, 2023, and July 18, 2023. Commissioner Jones made a MOTION to approve the Minutes, Commissioner Jones seconded. Passed Unanimous.
9:30 a.m. RECOGNITION Keith Boyer Road 10 Years of Service.
9:30 a.m. PUBLIC HEARING- Resolution 23-83 to Modify Subdivision Regulations as to the Family Member Conveyance Exemption to Subdivision Review. Commissioner Morse opened the Public Hearing. Hearing no comments Commissioner Morse closed the Public Hearing. Commissioner Jones made a MOTION to approve Resolution 23-83, Commissioner Morse seconded. Passed Unanimous.
9:30 a.m. ZONE CHANGE PUBLIC HEARINGS A.) County Zone Change 717 705 Johnson Lane CMU1, N4 and RR1 to CX A zone change request from Corridor Mixed Use 1 (CMU1 Lots 4A and 5A), Large Lot Suburban Neighborhood Residential (N4 Lots 1 & 2), and Rural Residential 1 (RR1 Lot 3) to Heavy Commercial (CX), on Lots 4A, 5A and portions of Lots 1, 2 and 3 of Block 1, Fly In Subdivision The total area for re-zoning is approximately 9.81 acres of land as shown on the application exhibit. A pre-application neighborhood meeting was held on May 11, 2023, at Lockwood High School. Tax IDs C12463 (Lot 4A), C12464 (Lot 5A) and portions of C12460 (Lot 1), C12461 (Lot 2) and C12462 (Lot 3). Commissioner Morse opened the Public Hearing. Ms. Nicole Cromwell, Zoning Coordinator stated that last week the applicants agent Sanderson Stewart sent in a letter requesting to postpone the Public Hearing until August 8, 2023. The agent would like to have a full commission in attendance because the Zoning Commission has forwarded no recommendation on this application due to a split vote of 2-2. Ms. Cromwell stated she didnt want to do her whole presentation until the postponement request has been considered. Mr. Halverson from Sanderson Stewart stated that due to the split vote by the Zoning Commission he is requesting a postpone until there is a full commission. Commissioner Morse made a MOTION to continue the Public Hearing until August 8, 2023, Commissioner Jones seconded. Passed Unanimous. Ms. Nicole Cromwell did note that comments will still be accepted and forwarded to the Commissioners until August 8, 2023. Commissioner Morse asked anyone if they had public comments. Mr. Steve Williams, Chief Deputy County Attorney stated that because the hearing has been rescheduled to August 8, 2023, that we need to wait until that time to hear any public comments. B.) County Zone Change 718 541 Woodland Road and 2422 Old Hardin Road NX1 and N4 to C3 A zone change request from Mixed Residential 1(NX1 Lots 17 & 18) and Large Lot Suburban Neighborhood Residential (N4 Lot 19) to General Commercial (C3) on Lots 17, 18 and 19 of Meadowbrook Subdivision, a 1.9-acre parcel of land. A pre-application neighborhood meeting was held on May 18, 2023, at the subject property. Tax IDs: C04821 and C04822. Ms. Nicole Cromwell stated the Zoning Commission is forwarding a recommendation of denial. Ms. Cromwell noted that the applicants agenda WWC Engineering is requesting that the public hearing be extended until August 8, 2023. Commissioner Jones asked what the staff recommendation was. Ms. Cromwell stated that staffs recommendation to the Zoning Commission was to approve the zone change. Mr. Greg Reid, WWC Engineering stated the reasons for the extension request are that three zone changes were being requested in Lockwood which led to a lot of public comments, and it was going to be difficult for the tenants to make it to this meeting, however several tenants were able to make it to the meeting so we would like to withdraw our request for an extension. Mr. Reid asked if the vote is split because they are only two commissioners here today would that require a continuation? Commissioner Morse asked Mr. Williams. Mr. Williams, Chief Deputy County Attorney stated that the Zone Change would be denied it the vote was split. Mr. Williams stated that the vote could be tabled and brought back to a board meeting when Commissioner Ostlund is back. Commissioner Jones stated that he has a concern doing that because Commissioner Ostlund would not have the opportunity to hear all the comments and testimony. Mr. Williams stated that Commissioner Ostlund could listen to the audio and video to hear all the comments and testimony. Mr. Reid stated that he would like to keep the extension request due to the Zoning Commission recommending denial and Planning Staff recommending approval. Commissioner Morse asked Mr. Reid if he would like to proceed with his request for an extension. Mr. Reid stated yes. Commissioner Morse made a MOTION to continue the Public Hearing until August 8, 2023, Commissioner Jones seconded. Passed Unanimous. C.) County Zone Change 719 547 Johnson Lane A to C3 and NX1 A zone change request from Agriculture (A) to General Commercial (C3) and Mixed Residential 1 (NX1) as shown on the application exhibit, on Parcel A1 of C/S 1901 a 12.77-acre parcel of land. A pre-application neighborhood meeting was held on May 25, 2023, at the Lockwood High School. Tax ID: D06575. Ms. Nicole Cromwell, Zoning Coordinator stated this property is currently owned by the Lockwood Fire District. This property is legally described as C/S 1901, Parcel A1 and 12.77-acre parcel of land. Ms. Cromwell went through the criteria. Commissioner Morse opened the Public Hearing. One person spoke in favor of the proposed zone change. Five people spoke in opposition of the proposed zone change. Hearing no other comments Commissioner Morse closed the Public Hearing. Commissioner Jones asked who addresses the water concerns. Ms. Cromwell stated through the subdivision process and development process it is run through our office and the Planning Board. Any existing drainage that comes onto the property must be managed in the same way that it is currently managed or improved for water quality or quantity purposes. The development of the land cannot add additional drainage to adjacent properties it has to be handled by this property owner and that developer. That includes both the commercial and residential development. All of that is both managed and designed by County Public Works Engineering and City County Planning and through the Planning Board. These are all engineering designs that are specific to a type of site. Right now, we cant tell what that is going to look like but as development plans firm up then those engineering plans will be developed. Traffic is the same way, so if there is additional access or mitigation as required because of additional traffic onto the adjacent streets or intersections that would be discovered during the subdivision process and then put in as a condition of approval through the subdivision process. Commissioner Jones made a MOTION to move for approve of Zone Change 719 with the criteria, Commissioner Morse seconded. Passed Unanimous.
PUBLIC COMMENTS ON REGULAR, CONSENT AND FILED AGENDA ITEMS Hearing no comments Commissioner Morse continued the Board Meeting.
ELECTIONS Resolution 23-87 of Intent to Designate Polling Places and Setting the Public Hearing for Tuesday August 8, 2023, at 9:30 a.m. in Room 3108. Commissioner Jones made a MOTION to approve Resolution 23-87, Commissioner Morse seconded. Passed Unanimous.
CLAIMS Batches 23-212, 23-213, 24-003, 24-004, 24-005, 24-006. Commissioner Jones made a MOTION to approve the Claims, Commissioner Morse seconded. Passed Unanimous.
CONSENT AGENDA 1. CLERK AND RECORDER Plat of Pryor Creek Subdivision, S.I.A., and Acceptance of Public Access and Dry Hydrant Easement. 2. COMMISSIONERS A.) Board Openings Updated List. B.) Board Appointment Sari Stahl to Shepherd Cemetery Board. C.) Letter to Bureau of Reclamation Regarding North Canal Street Improvements. D.) Coal Board Grant Application. 3. COUNTY ATTORNEY The Montana Board of Crime Control has Requested Updated Signatures for the Yellowstone County Victim/Witness Program Grant. 4. FINANCE A.) Facilities Contract with Guardian Security for the Courthouse Security, Addendum #2. B.) MetraPark Contract Addendum with Republic Services Rates 7/1/23 6/30/2024. 5. METRAPARK A.) WRS Advertising Agreement. B.) Place AI Contract. 6. SHERIFF Justice Assistance Grant (JAG) for 2023. 7. HUMAN RESOURCES A.) Letter of Understanding Teamsters Union Locals #190 Representing the Maintenance Employees of MetraPark. B.) Letter of Understanding Teamsters Union Locals #190 Representing the Detention Facility. C.) Letter of Understanding Teamsters Union Locals #190 Representing the Road Division. D.) PERSONNEL ACTION REPORTS County Attorney 2 Appointments, 1 Termination; Detention Facility 1 Appointment, 1 Termination; Justice Court 1 Termination; Clerk of Court 1 Termination; Treasurer 1 Termination.
FILE ITEMS 1. FINANCE A.) MT Board of Investments Intercap. B.) Detailed Cash Investment Report June 2023. Commissioner Jones made a MOTION To approve the Consent Agenda and place the File Items to file, Commissioner Morse seconded. Passed Unanimous.
PUBLIC COMMENTS ON COUNTY BUSINESS Hearing no comments Commissioner Morse adjourned the meeting at 10:01 a.m.
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