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August 12, 2021

COMMISSIONERS’ PROCEEDINGS
August 12, 2021
Commissioners Scott Miller, Scott Blain, and Bill Bullock; and Administrative Officer Angela Newell were present.
8:30 Pledge of Allegiance.
Commissioners discussed allowing an employee to use sick leave prior to the 90-day waiting period; to allow paid leave for COVID quarantine. All Commissioners agreed this would be an appropriate exception.
9:00 Contract Planner Forrest Mandeville and Deputy Clerk and Recorder Lola Ashby joined Commissioners for the Kallevig 5 K Subdivision Preliminary Plat. Kate Stout Red Lodge Surveying was in attendance. Mandeville reviewed the Planning Board’s Recommendation. Miller having reviewed and considered the application materials, project memorandum, public comments, Planning Board recommendation, and all of the information presented, moved to approve the Kallevig’s 5 K Subdivision Preliminary Plan with the following conditions:
1. Filing of the final plat shall be subject to the review and approval by the Montana Department of Environmental Quality.
2. A notation shall be provided on the final plat that legal and physical access is provided per 76-3-608(3)(d), MCA.
3. Per Section V-A-15., the final plat shall show the location of all existing and required utility easements, and must include the following statement: “The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric, power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair and removal of the lines and other facilities, in, over, under and across each area designated on this plat as “Utility Easement” to have and hold forever.”
4. Thunder Road shall be constructed prior to filing of final plat to the specifications outlined in Section V-A-10. A professional engineer shall certify the construction of the road.
5. Road naming should follow the procedures and approval requirements of the County GIS Department. The road name shall be shown on the final plat.
6. An appraisal acceptable to the County shall be completed and 5% of the undeveloped value of the land dedicated for use in acquiring or improving area parks and recreational opportunities.
7. The final plat shall contain a notation that the subdivision is subject to the Declaration of Restrictions, Covenants and Conditions created under Document Number 346836 and subsequent amendments thereto, as well as the covenants for Kallevig’s 5 K Subdivision.
8. The final plat shall be prepared and reviewed in accordance with Section IVIII-C of the Carbon County Subdivision Regulations and the Uniform Standards for Final Subdivision Plats (24.183.1107, ARM).
Blain seconded. Discussion regarding easements, road access, and road maintenance responsibility for the private road (which covenants require to be the responsibility of the owner). Motion carried.

9:30 Red Lodge Mayor Bill Larson met with Commissioners for his weekly meeting. Last public meeting for the City budget is tonight. Council will be discussing use of city property and special events in town at their next work session.

10:00 County Attorney Alex Nixon met with Commissioners for his weekly meeting. Discussed the settlement with Industrial Communications and Electronics, the Deputy County Attorney hiring process, and Detention Center vote. Miller and Blain excused themselves to allow an HR discussion.

10:30 Blain, Miller, and Mandeville rejoined the meeting for the Lich Group 1 Development Permit Variance Request. William Dana, Tim Lich, and Ron Helder were in attendance. Mandeville reviewed the staff report. Miller, having reviewed and considered the variance request, staff report, public comment, and all of the information presented, moved to approve the request for the Lich Group 1 Development Permit; Blain seconded. Bullock discussed FLAP application for bridge replacements and road improvements; clarified that could reapply once final design is completed. Bullock noted state of bridges and complications with moving equipment in for construction, concerned about possible FLAP applications, but is not opposed to the variance in principal. Blain noted variance granted for a house that was build without prior approval of the variance request, appreciates the applicant’s diligence in following proper steps. Lich noted with the restrictions from the well, septic, and creek, the proposed site is the only option for him to build a garage. Noted garage will be greater distance from where he is currently parking his vehicles. Blain amended his motion to include all conditions recommended by staff except number 2, Bullock moved to add a condition to work with staff and engineers for possible redesign of road for FLAP Grant, Miller seconded amendments that would require the following conditions:

1. The variance approval shall be interpreted as the minimum needed – i.e. to allow 8-foot front setback as shown on the site plan. Any other encroachment into the setback will be in violation of the Development Regulations.
2. Any deviation from the site plan must be made known to the Planning Office to determine whether or not the deviation is in compliance with the approved development permit or if a new permit is needed.
3. All other necessary permits must be obtained.
4. Applicant shall work with County staff and engineers on possible redesign of East Side Road.
Motion as amended carried unanimously.

12:00 Adjourned.

Respectfully submitted: Angela Newell, Administrative Officer