Commission votes 5–1 to reject amendment extending non‑annexation protection on Flament property

The Lewistown City Commission on Nov. 3 voted 5–1 to disapprove a requested amendment to a 2015 agreement with Jill Flament that would have extended a non‑annexation safeguard for Remainder Tract 1 of Leininger No. 3 to a potential new buyer.

City Attorney Tyler West told commissioners the City must follow the Montana Land Use Planning Act and the recently adopted 2024 Lewistown Plan, which he said establishes the baseline for future annexation decisions. City Planner Doug Osterman said about 67 acres of the Flament property lie outside the City’s service‑area boundary and, under the current plan, the City has no interest in annexing that land over the next 20 years.

Mr. Kris Birdwell described the amendment request as effectively an assignment of the original settlement terms. Commissioners debated whether creating a 20‑year non‑annexation promise for this parcel would set an unusual precedent and could be unfair to neighboring property owners. Commissioner Robertson asked whether the protection would go “beyond what the rest of the residents adjacent to the City have.” Commissioner Spika said she did not see the amendment “as being a benefit to the City or the community.”

Commissioner Spika moved to disapprove the amendment and Commissioner Hewitt seconded. The roll‑call vote recorded in the minutes lists Buehler, Day, Hewitt, Robertson and Spika in favor and Hrubes opposed; Commissioner Terry was absent. The motion carried 5–1.

No subsequent action was scheduled; the minutes record the Commission’s direction was to maintain the limits established in the 2024 Lewistown Plan and follow state land‑use law.