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HomeMy WebLinkAboutCouncil Workshop Packet 09.17.2019 AGENDA CITY OF LAUREL CITY COUNCIL WORKSHOP TUESDAY, SEPTEMBER 17, 2019 6:30 PM CITY COUNCIL CHAMBERS Public Input: Citizens may address the Council regarding any item of City business that is not on tonight's agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item that is on tonight's agenda, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your comments until the public hearing. At the public hearing, the City Council will establish an official record that will include all of your comments, testimony and written evidence. The City Council will base its decision on the record created during the public hearing. Any comments provided tonight will not be included in the record or considered by the City Council. General Items 1. Appointment of Joe Lowther and Austin Hirsch to the Laurel Volunteer Ambulance Department. 2. Mayor's appointment of Michelle DeBoer, as an advisory member, to the Laurel Urban Renewal Agency. Executive Review 3. Resolution- Granting A Variance From The City's Zoning Ordinance To Allow An Outdoor Computer Controlled Variable Message Sign Within A Residential District 4. Resolution- Granting A Variance From The City's Zoning Ordinance To Disregard The Bufferyard Requirement, Sight-Obscuring Fence Requirement And Building Design Standards. 5. Resolution-Authorizing The Award of Grants From The Tax Increment Financing District Funds Pursuant To The LURA Small Grant Request Program For Eligible Applicants And Improvements. 6. Resolution -Approving a Contract Between The City Of Laurel And the Montana Department Of Justice Natural Resource Damage Program 7. Resolution -Approving A Task Order Authorizing Kadrmas, Lee &Jackson, INC. For Services Relating To The Development Of Design Standards For Public Improvements. 8. Resolution -Approving A Task Order Authorizing Kadrmas, Lee &Jackson, INC. For Services Relating To The Assembling Of City Infrastructure Data Into A Single Source, Which Can Be Used To Track And Manage Assets. Council Issues 9. Discussion regarding the Park Board's recommendation to reopen Riverside Park. 10. Discussion regarding Park Board's recommendation to repair the American Legion building. 11. Discussion regarding the Park Board's recommendation to demolish the Caretaker's house in Riverside Park. 12. Discussion regarding Park Board's suggestion to change the park hours. Other Items 13. Update from the Mayor regarding the handicap parking. Review of Draft Council Agendas 14. Review Draft Council Agenda of September 24, 2019. Attendance at Upcoming Council Meeting Announcements 15. Employee and Volunteer Recognition: Matt Wheeler 10 Years Public Works Department Thomas Henry 5 Years Waste Water Treatment Plant Joshua Sawyer 3 Years Water Treatment Plant Amber Hatton 2 Years City Clerk's Office Mike Furman Jr. 10 Years Library Jeremiah Johnson 8 Years Police Department Sam Painter 7 Years City Attorney Corey Nicholson 3 Years Waste Water Treatment Plant Chase Rasmussen 2 Years Police Department Hunter Heusner 1 Year Police Department Steven Baumgartner 1 Year Police Department Josiah Laszloffy 2 Years Ambulance Department Mandi Crable 1 Year Ambulance Department Phillip Hackmann 1 Year Ambulance Department Keoni Momohara 1 Year Ambulance Department John Herr 12 Years Fire Department JW Hopper 12 Years Fire Department Jon DeRudder 5 Years Fire Department Levi Jones 1 Year Fire Department Justin Romero 1 Year Fire Department The City makes reasonable accommodations for any known disability that may interfere with a person's ability to participate in this meeting. Persons needing accommodation must notify the City Clerk's Office to make needed arrangements. To make your request known,please call 406-628-7431,Ext.2,or write to City Clerk,PO Box 10,Laurel, MT 59044,or present your request at City Hall,115 West First Street,Laurel,Montana. Item Attachment Documents: 1. Appointment of Joe Lowther and Austin Hirsch to the Laurel Volunteer Ambulance Department. LAUREL f r E / o E N C Y His / oil $ E s / / r E s JJ1�� 215 N 1"IL Loornl,■T 581441 Phone:(4881 521-1611 1 Fn:14881 628-1i51 09/06/2019 Dear Mayor Nelson: It is with great pleasure that I recommend the appointment of Joseph Lowther and Austin Hirsch to our ambulance service. Joe was a previous volunteer with the service who left after adding another member to his family. Now that Joe has settled in at home, he is ready to hit the streets again with us. Even better,Joe is a Nationally Registered, and credentialed paramedic who can render advanced life support care. Austin is relatively new to the profession of Emergency Medical Services.Austin is currently employed with Eagle Ambulance Service -a private company that primarily engages in non-emergency medical transportation. He is a Nationally Registered Emergency Medical Technician who is excited to get into 911 Response of EMS. I feel that both individuals have a lot of talent and would be great additions to our team. Best, Riley H chens, NREMT EMS Director Item Attachment Documents: 2. Mayor's appointment of Michelle DeBoer, as an advisory member, to the Laurel Urban Renewal Agency. St. John's United SO MUCH LIFE T O LIVE July 15, 2019 Greetings, This letter is to express interest should a vacancy become available for either a voting board member or an advisory board member position in LURA. I have been very impressed with what the LURA funds have been able to contribute to the Laurel Community. I am both professionally and personally interested in Laurel's continued growth and success. I have been blessed to work for St. John's United —The Crossings for the last nine years. St. John's United - The Crossings has served Elders in our community since May of 2007. As far as my personal interest, my husband and I both work in Laurel and own a home here. We very much enjoy living in this great community. Thanks for your consideration, A&da 0(4�� Michelle DeBoer Administrator St. John's United- The Crossings and The Willows (406) 628-5013 600 ROUNDHOUSE DRIVE LAUREL, MT 59044 406-628-1200 WWW.STJOHNSUNITED.ORG TR 2 w u.l w w Lu w w 32 M 1 CS 2385 16 15 20 1 20 1 Q > } 20 1 � 20 20 1 d 20 1 ¢ 20 1 d 16 15 16 15 EIGHTH STREET Q 1 aC ^ EIGHTH ST EASY 12 1 18 1 12 1 12 1 12 1 11 A --- •• in 11 #ft �n I!5 TR B2A 5 SCHOOL 1 > 1 2 6 SUvIHAV4Fty Q w 1 W 2 w 6 w 7 w 8 w Laurel Renewal SUB TR1B � � rz a Q 6 7 6a 7 6d 7 6Q 13 12 a ¢ 7 S 155 20 1 1 17 0- 16 SEVENTH STREET 15 18 15 18 15 18 24 1 24 1 24 1 24 1 24 1 24 1 30 1 CS 1780 f1 Tax Increment 24 4 u w 0 313 34 11 22 11 22 2.3 22 7 6 w 3 Q 2 z 24 1 7 a 1 = 38 35 ALLARD <a 32 31 NUTTING Z) LAUREL a ¢ a 13 12 13 12 a 13 12 13 12 13 12 13 12 12 7 g ►u 20 l 20 1 20 1 20 1 r N 1 20 1 20 1 10 1 9A 1 10 1 SIXTH STREET SIXTH ST 15 16 24 1 24 1 24 1 24 1 32 1 20 1 10 1 15 11 10 11 10 11 10 11 10 11 1Q 11 10 11 10 15 16 15 16 15 16 15 < �,tQgg 15 16 15 21 SUBDIVISION 14 15 PARK 1l 21 20 11 20 Lu 11 23 20 11 24, 0 11 25 20 11 26 1 S 30 20A a 1{� 11 0 12 13 8 6 3 15 14 13 12 11 w 22 a J 17A HEIGHTS or LAUREL a 10 13 12 13 12 13 20 20A 1 20 1 20 1 20 1 20 1 � FIFTH a STREET 7 1 10 1 10 1 10 1 10 1 10 1 10 1 T 13 12 1 20 1 13 FIFTH ST 11 10 1 l 10 11 10 11 10B 10A 11 10 11 10 11 10 15 16 15 16 ¢ 15 16 15 16 O 15 16 11 R 5 1 24 1 24 1 0 22 1 12 1 17 16 3 SUB 11 20 20 11 18 20 REALTY11 7 0 11 '�6 20 z 11 15 20 o7R 29 19 19 6 19 18 6 © 17 7 7 810 1 1 7 SUB 6 SUB a ¢ w 1 a 10ECOND, 0 6 8 7 8 7 en Q11 10 20 1 20 1 20 1 20 1 20 1 20 1 20 1 10 1 10 5 m - 11 10 1 10 FOURTH ST ti6 % �� FOURTH STREET 1 11 10 11 10 11 10 11 10 11 10 11 10 11 10 11 10 11 10 0 11 10 14 10 12 1 115 20 4MACE1 T = z LAUREL Q 10 11 11 1 e6 Q ,�� N 1A 1 2 $ w 1 5 = 4 3 a 2 0 1 "� h REALTY ° ^b Q 5 S U B 8 20 1 cn 20 l 20 1 20 1 O 20 1 20 1 Cn 20 1 U- 20 1 2 20 1 O0 20 1 1 S� THIRD 5T 11 10 11 10 11 10 11 10 11 10 11 10 i1 10 15 16 10 6 1 5 2 A5 SUB p "g YOUNGS EAST ti6� 4 3 11 10 11 7 20 �5 247N ", 4 474 b 12ro YOUNGS LAUREL 9 3A 10 0 1 0 3 22�74 20 1 20 1 20 1 20 1 20 1 20 1 20 2A Z SECOND ST 1A 16 6 y -1 Q 0 1 11 10 11 10 11 10 11 21 10 15 16 10 7 l 1� a 6 2 d1 SECOND 8A 11 6 20 SUB ",a �h 1 A( 7 NUTTING w 8 5 SUB 5 1 �a �� 16 r 4 20 1 20 1 20 1 20 1 10 �6 a 1� 1a w 4 Q 5 A-2 15 16 FIRST 16 15 16 15 ST 16 .15 11 2 h 1a 2 Uj S U B 2a 1A d- C14 11 20 11 S U 6 20 11 1 20 11 4 20 A, �p 1 �t 7 ' ,� AM 113 AM 3 U 10 1 B 10 1 l0 1 10 1 7 1p EAST RAILROAD ST 2ND FIL MAIN ST CS EAST RAILROAD ST TR B CS 941 2B 1 3 AM CS 1742 20 9 l Co 1 TR A2 1 1 rn 1 WEST 10 LAUREL 10 SUB Cotn1552 1 5 11 3 20 11 2 21 22 1 1 s � 9 22N5 FIL 2A TR 1 R 1 = 15 16 1b 1 2 8 CS 1423 AM 2 2 2A LAUREL ENTERTAINMENT PARK SUB SOUTH 1ST ST 2854 BUSINESS 20 10 4 2 � � 1 w 3$ HAGEMEN TRA1A1 3A2 2 1 1A 2D 4 D # ( -� � > SUB�B 4 3A1 3B 3 AM 1 1 SUB 1 m tt-�°Po21 2324 do �O�`�'�� 1 2 CS 1752 LAUREL INDUSTRIAL 3 H 90 �eP�Ot�CM 17 1 l 13 © S 1LL 3 c1 CANYON CREEK AM 4 PARK SUB 4 1ST FIL tN�ERS� A�H ga AM t1P 1 1 1 d36 � STATION SUB2C4 INFERS CS 1142 10 2 EAST 1 -a 23P 2D-1A o PARK SUB 4 7 3 6 11 10 11 10 5 23 4 >� 2�P 315 4 1 2A1 2132 2133 2C1 2E-1 5A 513 5C 5-A 00 R� SOUTH 2ND ST 10 9 2ND FIL 2D-1 B 4 1 20 1 20 1 20 1 20 1 20 1 8 1� 20 19 4TH STREET SOUTH 6-A2 PG"-- 2 17 YELLOWSTONE 9 12 1 2 1A 1B I 2 9 8 7 6-Al 5 6 7 8 9 22 24 A 18 5TH FIL 3RD FIL � 11 10 11 10 11 10 11 10 2 1 CS 1690 3 HAGEMAN SUB S0 11 10 11 10 SOUTH 3RD ST N TR 2A1 20 1 20 1 20 1 20 1 20 1 20 1 2� x 1 11 A 20 1 � � 4TH FIL w 1 D a 12 a 11 � .�� YELLOWSTONE 25 4 B 14 Q 13 21 28 11 10 11 10 11 10 11 10 w 1 10 z 11 10 11 10 1 SOUTH 4TH z a ST 20 1 20 1 1- 20 1 20 1 t- 20 1 z 20 1 j 20 1 1 W Q SUB � 20 SUB 4A 5A 15 15A15 0 17 AM18 ° 19 0 0 26 27 7 ko¢� AM 11 10 11 10 ILL 1110 0 12A 10>- 11 10 3: 11 10 11 10 11 12 1490 � � SOUTH 5TH ST B 1 16 CS 993 U Uj WAS ON SU RUSSELL SUB 142 ga TR 1 a 1 10 1 1 4 3 �P��N `4�91ti z BEHM SUB CS 520 1 23 7 ,� SHEETS 90 eN CS 1 R��P�EN 25 CS 969 521 6 5eN SOUTH 6TH ST S 6TH ST 1 CS 188 CS 939 CS 1222 J 12 CS 12 TR B 3 1 LU 967 3 SUB l �, �y�� GREEN,- CS 1604 1 9 16 1 CS 1222 CS 1998 AM '�� TR 1 TR Al CS 430 TR A2 CS 1676 00 TR B TR 1 � N This document is intended for Informational purposes only and is not guaranteed W+ SOUTH 9TH ST CS 1856 = to be accurate nor Current. X YELLOWSTONE TR 2 TR l TR 8 TR A W COUNTY M:ILeurell\Proposed-T OlLrl T 06 08.mxd GRIZZLY C Rp�P R� TR GRIZIR CS 826 TR 1 00 5 S� 3 TR 7 TR A TR B CLPARKS 700 350 0 700 Feet TR 4 TR 5 CS ' �4 1 TR 6 Item Attachment Documents: 3. Resolution - Granting A Variance From The City's Zoning Ordinance To Allow An Outdoor Computer Controlled Variable Message Sign Within A Residential District RESOLUTION NO. R19- A RESOLUTION OF THE CITY COUNCIL GRANTING A VARIANCE FROM THE CITY'S ZONING ORDINANCE TO ALLOW AN OUTDOOR COMPUTER CONTROLLED VARIABLE MESSAGE SIGN WITHIN A RESIDENTIAL DISTRICT. WHEREAS, the property located at 1002 3rd Avenue is currently zoned residential (R-7500) and pursuant to the City's Zoning Ordinance, Computer Controlled Variable Message Signs are not allowed to operate within a residential district, Section 17.42.050 LMC; and WHEREAS, on July 8, 2019, the owner of the property, the Laurel Assembly of God (Family Church), filed a Request for a Variance Application seeking a variance from the zoning restriction to allow the installation and use of a Computer Controlled Variable Message sign on their property; and WHEREAS the Laurel City-County Planning Board acting as the City's Zoning Commission held a public hearing on the variance request on September 5, 2019 at 10:00 a.m. The Zoning Commission received public comment both supporting and not supporting the property owner's requested variance; and WHEREAS, the City-County Planning Board Meeting Minutes and documents contained in the record are all incorporated herein as part of this Resolution; and WHEREAS, the Zoning Commission considered all of the documentary evidence in the record along with the testimony presented at the public hearing, and recommends the approval of the variance, subject to the conditions recommended by Staff as follows: l. There shall be no other signs of this type allowed on the property; and 2. The sign shall follow all other rules and regulations within the City's Sign Code. WHEREAS, the City Council held a public hearing concerning this matter on September 24, 2019, to gather additional evidence in support and opposition to the requested variance; and WHEREAS, based on the evidence contained in the record, including the Zoning Commission's Record and File, the City Council of the City of Laurel hereby finds it is in the best interests of the residents of the City of Laurel to approve the variance since: 1. granting the variance in this case relates only to a special condition that is specific to the applicant; 2. the current hardship was not created by the applicant; 3. the variance requested appears to be within the spirit, intent and purpose of the zoning regulations; and 4. approving the variance will not injure or result in an injustice to others. NOW THEREFORE, BE IT RESOLVED that the property owner's request for a variance is hereby approved for the property located at 1002 3rd Avenue, Laurel, Montana; BE IT FURTHER RESOLVED, pursuant to the variance, the property owner may install and operate one Computer Controlled Variable Message Sign on such property within the residential district; R19- Family Church Variance 1002 3rd Avenue BE IT FURTHER RESOLVED, that the variance is approved subject to the following conditions: 1. There shall be no other signs of this type allowed on the property; and 2. The sign shall follow and comply with all other rules and regulations within the City's Sign Code. Introduced at a regular meeting of the City Council on September 24, 2019 by Council Member PASSED and APPROVED by the City Council of the City of Laurel, Montana this 20' day of September, 2019. APPROVED BY THE MAYOR this 24th day of September, 2019. CITY OF LAUREL Thomas C Nelson, Mayor ATTEST: Bethany Langve, Clerk/Treasurer APPROVED AS TO FORM: Sam S. Painter, Civil City Attorney R19- Family Church Variance 1002 31 Avenue ECEIVE JUL (I"OF019 L 2019 NTA Laurel Variance Request Application This application covers appeals from decisions of the Planning Department (and sometimes other officials) and for requests forvariances concerning setbacks, structures, heights, lot coverage, etc. The undersigned owner or agent of the owner of the following described property requests a variance to the Zoning Ordinances of the City of Laurel as outlined by the laws of the State of Montana. 1. Name of property owner: Laurel Assembly of God (Family Church) 2. Name of Applicant if different from above:John Farnes (Pastor) 3. Phone number of Applicant: 406-697-1588 4. Street address and general location: 1002 3rd Ave 5. Legal description of the property: FOURTH AVE SUBD,S09,T02 S, R24 E, BLOCK 4, Lot 1-7 6. Current Zoning: R-7,500 7. Provide a copy of covenants or deed restrictions on property. I understand that the filing fee accompanying this application is not refundable, that it pays part of the cost of process, and that the fee does not constitute a paymentfor a variance. I also understand I or my agent must appear at the hearing of this request beforethe Planning Board and all of the information presented by me is true and correct to the best of my knowledge. Signature of Applicant: t _ Date of Submittal: mi � i �u�rct Loving Cal-Loving People www.FamilychurchLaurel.com 1002 3Id Ave. Laurel, MT 59044 (406)628-4200 Pastor John Farnes To City of Laurel, This letter is the "detailed justification" requirement that is asked for when applying for a variance for an outdoor sign at our church. (Municipal Code Chapter 17.60.020) The recent changes in City leadership, brought to light conflicts that were earlier not presented to us to be a problem. The former interpretation of this code was that we were allowed to have an electronic message base, just not one that was actively "scrolling, flashing, or active". I believe the definition of such a sign is an animated sign: 17.42.040 - Definitions. "Animated sign_" A sign depicting action, motion, light, or color change, or that change the sign displayed through electrical or mechanical means. Animated also includes signs that use blinking, flashing or scrolling or other special effects to depict motion. Our message base has no motion, but can be updated, so it might fall under the description similar to this one found in the code. "Pictographic changeable copy sign" means a sign whose still framed pictographic or symbolic content can be changed or altered by manual or electric, electromechanical or electronic means. Still frame pictures may change but not sooner than every sixty seconds. No pictographic changeable copy sign can depict movement or motion, flashing, blinking or other special effects including scrolling text. Our sign was not designed to depict any motion and these issues were never presented to us as being a problem, and so our design proceeded to include the message base, and an upper illuminated panel. For two and a half years, we have worked on, raised funds for, hired designers for, and have even ordered parts for this sign and was approved in conversations with the City of Laurel. We used a lot of caution calling and asking if our sign would be approved, and asked specific details about what would be allowed in a residential area at our address. We recently went to get our permit to begin the project and install the sign as verbally agreed to in previous conversations. To our surprise the sign was rejected. At issue for the permit is that the bottom portion of our sign's surface would have a lighted message base where service times, program times could be changed electronically. It appears the original code interpretation was given to us from these sections of the code, and from this we were told the sign would be authorized? • 17.42.110 - Lighting. Unless otherwise prohibited by this code, all signs may be illuminated provided they do not cause or contribute to a public nuisance. Lighting restricted to the sign face. (Ord.02-32 (part), 2003) (Ord.No. 015-02,4-21-2015;Ord.No. 016-01,2-2-2016) • 17.42.120 - Changeable copy. Unless otherwise specified by this section, any sign in this chapter allowed may use manual or fixed message electronic sign. Computer controlled variable message electronic signs shall be permitted provided that the bottom of the reader board is ten feet above the crown of the adjacent road. (Ord. 02-32 (part), 2003) (Ord. No. 015-02, 4-21-2015; Ord. No. 016-01, 2-2-2016) We trusted this interpretation of the Code, and thought we had done everything correctly. The Code lists restricted signs, and even by the restrictions on signs that are listed in the code- our sign would be permissible. 17.42.050 - Signs prohibited. All signs not expressly permitted under this section or exempt from regulation hereunder in accordance with the following section are prohibited. Such signs include, but are not limited to: C. Animated signs F. Pictographic changeable copy signs which depict motion of any kind, including flashing, blinking and scrolling text or other special effects; (Ord.02-32(part),2003) We can only assume why we were told that our sign was not going to be in any violation was because of the way these definitions were understood by the City workers at that time. A sign with an electronic message board would seem to us to be a much "cleaner" looking sign vs. a cheaper option (a plexi-glass covered, slotted message base with interchangeable letters, ground lights shinning up at it- to illuminate it. All tech from the 7O's and 8O's). The sign has two lines of programmable messages, it could be used to show such things as: service times / seasonal events and program start dates. The cost is three to four times more than the old slot style signs, so it has been a significant expense for us to go this more modern route, but we thought it would look much nicer in our community. We feel that since we were told this message base and internally lighted sign would be approved on two occasions in our past inquiries with the City (because it "was not actively scrolling or flashing graphics"), that the City should work to honor those verbal agreements and allow us to have a meeting for a variance request at an upcoming Council meeting. Also from the code these are the factors to consider in a variance and some seem to apply to us: 17.60.020 - Land use variances issuance and denial—Determination procedure. A. It shall be the duty of the zoning commission to authorize, upon appeal in specific cases, such land use variances from the terms of the zoning ordinances as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinances or regulations will result in unnecessary hardship, and so that the spirit of the ordinances shall be observed and substantial justice done. The zoning commission shall, after a public hearing, make a recommendation to the mayor and council concerning the land use variance application. B. The zoning commission shall not recommend that land use variances be granted: 1. Unless the denial would constitute an unnecessary and unjust invasion of the right of property; 2. Unless the grant relates to a condition or situation special and peculiar to the applicant; 3. Unless the basis is something more than a mere financial loss to the owner; 4. Unless the hardship was created by someone other than the owner; 5. Unless the variance would be within the spirit, intent, purpose and general plan of this title; 6. Unless the variance would not affect adversely or injure or result in injustice to others; and 7. Ordinarily unless the applicant owned the property prior to the enactment of this title or amendment Because of the initial approval of this plan, sections and parts were built for the install, and it would be extremely costly for us to re- design the sign and sell the portions of this sign that we have ordered and already paid for. We would not have purchased parts for this project if we did not feel it was approved already. We had no intention of designing a sign that could not be approved by the City of Laurel. We went forward completely from our phone conversations, not knowing there was any conflict with this sort of sign. We asked questions BEFORE we had designers look at the sign, before we ordered parts, and before we started any work. We have spent two years in this process (raising funds, talking to various professionals, asking questions about permits, preparing parts orders and bids). We would love to see this approved so the sign could be "up" before winter, our temporary tarp sign is not going to make another year. Thank for considering our request for a variance in this matter. Sincerely, Pqpto ohn Fames JxF mi Church i \ \ 75� \ . � . . .... ......� � � « Emm 6 = o * m o � L 0 0 f. CL 0 § o d m k o m:3 Enm o ro » (1). /. § (o cn � U ± % En� ( / " r,wil 00 9 _ QN 3 N_ (D C m (D O CL Lit fD Ll F} —►�0 l ID C r_ S v N ID N O fD to to 7 X+ 3N CD N N to N m fD . LP O N 3 N f (Mn (D N 0 to 3 � fl � ma-zor� y3 mMd� m m a J J J IHE CITY Of AUK J J .) J' LAUREL CITY-COUNTY PLANNING DEPARTMENT STAFF REPORT TO: Laurel City-County Planning Board FROM: Nicholas Altonaga, Planning Director RE: Variance— Laurel Assembly of God (Family Church) DATE: August 15, 2019 DESCRIPTION/LOCATION: John Farnes of the Laurel Assembly of God (Family Church) has submitted an request for a variance for Chapter 17.42.050, specifically Table—Signs by Zoning District.The affected property is located at 1002 3rd Ave in the City of Laurel.The Parcel is zoned R-7500.The Applicant is requesting a variance to allow Computer Controlled Variable Message Signs within a residential district, which is currently not allowable.The Property is legally described as Fourth Ave Subd, S09,T02 S, R24 E, BLOCK 4, Lot 1—7. FINDINGS:STAFF Applicant Data: Owner: Laurel Assembly of God Legal Description: Fourth Ave Subd, S09,T02 S, R24 E, BLOCK 4, Lot 1—7 Address : 1002 3rd Ave. Parcel Size: 29,400 Sq. Ft. Existing Land Use: Laurel Assembly of God Proposed Variance: Allowable use of Computer Controlled Variable Message Signs within Residential Districts Existing Zoning: R-7500 Surrounding Land Use: R-7500 1. The variance application packet is attached and contains cover sheet, map of sign location, detailed justification letter, and public notice. 2. The application is requesting that the Computer Controlled Variable Message Sign that was designed after initial meetings with city staff between 2017 and 2018. 3. LMC 17.42 Table—Signs by Zoning District states that that use of a Computer Controlled Variable Message Sign is not allowable within any residential district. 4. LMC 17.42.120—Changeable Copy states that "Unless otherwise specified by this section, any sign in this chapter allowed may use manual or fixed message electronic sign. Computer controlled variable message electronic signs shall be permitted provided that the bottom of the reader board is ten feet above the crown of the adjacent road." 5. Mr. Farnes noted that he had met with City staff in the previous two years to discuss sign design requirements and it was not presented that the design of the sign was not allowable in the current zoning district. 6. At the time of seeking a building permit, city staff informed Mr. Farnes that they could not grant a permit because the type of sign was not allowable within the R-7500 District which the Family Church property is within. 7. Mr. Farnes noted that this design and planned installation represents a significant investment of funding from the Family Church community ZONING COMMISSION e AND RECOMMENDATION: The Zoning Commission shall review and make determinations on variances through Laurel Municipal Code (LMC) Chapter 17.60.020: A. It shall be the duty of the zoning commission to authorize, upon appeal in specific cases, such land use variances from the terms of the zoning ordinances as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinances or regulations will result in unnecessary hardship, and so that the spirit of the ordinances shall be observed and substantial justice done.The zoning commission shall, after a public hearing, make a recommendation to the mayor and council concerning the land use variance application. B. The zoning commission shall not recommend that land use variances be granted: 1. Unless the denial would constitute an unnecessary and unjust invasion of the right of property; 2. Unless the grant relates to a condition or situation special and peculiar to the applicant; 3. Unless the basis is something more than a mere financial loss to the owner; 4. Unless the hardship was created by someone other than the owner; 5. Unless the variance would be within the spirit, intent, purpose and general plan of this title; 6. Unless the variance would not affect adversely or injure or result in injustice to others; and 7. Ordinarily unless the applicant owned the property prior to the enactment of this title or amendment. 8. 1 / 1 / If the City Council recommends approval of the variance, the following conditions are suggested: 1. There shall be no other signs of this type allowed on the property. 2. Sign shall follow all other rules and regulations within the Sign Code On July 3, 2019 John Farnes of Family Church met with the City Planner. He discussed the background of the sign upgrades to be made. On July 8, 2019 the variance application packet was received by the Planning Department. A public hearing for the variance request is scheduled to take place at the Laurel City- County Planning Board on September 5, 2019 at 10:OOam. A public hearing for the variance request is scheduled to take place at the Laurel City Council Meeting on September 24, 2019. Item Attachment Documents: 4. Resolution - Granting A Variance From The City's Zoning Ordinance To Disregard The Buffery Requirement, Sight-Obscuring Fence Requirement And Building Design Standards. gmg`CI7YOF-- $$N J Laurel Variance Request Application This application covers appeals from decisions of the Planning Department (and sometimes other officials) and for requests for variances concerning setbacks, structures, heights, lot coverage, etc. The undersigned owner or agent of the owner of the following described property requests a variance to the Zoning Ordinances of the City of Laurel as outlined by the laws of the State of Montana. 1. Name of property 2. Name of Applicant if different from above:_ 3. Phone number of Applicant: 06-1136e l— 7070 4. Street address and general location: AJpT /45S-EC4J J-) 5. Legal description of the property: Z4 -7— ��C E�n-175KJ M 7L �a✓� Sub��'�►Sic�� 6. Current Zoning: ,� f1 7. Provide a copy of covenants or deed restrictions on property. NIA I understand that the filing fee accompanying this application is not refundable, that it pays part of the cost of process, and that the fee does not constitute a payment for a variance. I also understand I or my agent must appear at the hearing of this request before the Planning Board and all of the information presented by me is true and correct to the best of my kn�-wle Signature of Applicant: Date of Submittal: City-County Planning Zoning Compliance Application 6 08/01/19 .r- Laurel City-County Planning Board . AUG o 1 2019 115 W. First Street Laurel, MT 59044 E - 13 - RE: City-County Planning Zoning Compliance Application To whom it may concern, Enclosed you will find completed Zoning Compliance Application info per 17.26.040, all the information required for our submittal to be considered for review and approved by the Laurel City- County Planning Director, or other city designee. 1. Name and Address of property owner: i. Diefenderfer Family Trust 3619 Flagstone Dr. Billings, MT 59101 2. Name and Address of applicant owner: i. Steve Diefenderfer 3619 Flagstone Dr Billings, MT 59101 3. Legal description of the parcel: i. Lot 1A, Block 1, Entertainment Park Subdivision 4. See attached 22X34 (Full-Scale) Civil Site Plan drawing, C101. 5. See attached 22X34 (Full-Scale) Civil Site Plan drawing, C101. 6. See attached 22X34 (Full-Scale) Exterior Elevations drawing, A201. Floor plan sheet A101 included for reference. 7. There is no signage included with this drawing package, a separate sign permit package will be submitted for review. 8. See attached completed Zoning Compliance Application Review Fee. :ncly, Henrichs, P.E. esident of Engineering, EEC, Inc. Owners Representative EEC, Inc. www.eecmt.com ENGINEERS e ARCHITECTS SURVEYORS BUILDERS Page 1 of I Billings,MT 59106 City-County Planning Variance Request 08/01/19 Laurel City-County Planning Board R1riz:�E, VE wd- 115 W. First Street AUG 0 1 2019 Laurel, MT 59044 �� BYE RE: City-County Planning Variance Request: Items #1-5 To whom it may concern, Enclosed you will find completed, all the information required for our submittal to be considered for review and recommendation by the Laurel City-County Planning Board. 1. We met with the City Planner on 07/31/2019 and provided a map of property owners within 300 feet of the property, see attached. 2. See attached 11 x1 7 (Half-Scale) drawings, which includes all existing and proposed structures and proposed variance measurements. 3 sheets: C101, A101, and A201. 3. See the provided set of three mailing labels for each surrounding property owner within the 300 feet. 4. With the following three proposed variance measures, we provide a detailed justification referring to the Laurel Municipal Code Chapter 17.60.020. a) Reference Section 17.26.052 Development Standards— B. Building Design Standards which states "All buildings shall be completed on all sides with one of the following finishing materials: ...architectural concealed fastener metal panels." The material under review for this variance request is an exposed fastener PBR metal panel siding, see attached Exterior Elevations sheet A201 for full scope. We are proposing leaving the architectural concealed fastener metal panels around the public frontage/entrance as detailed, with the pre-finished lap siding above the wainscot which meet the requirements set for under the Building Design Standards. However, at the shop we are proposing an exposed fastener PBR metal panel siding that does not meet the "concealed fastener" standard. It does in our view meet the spirit or intent of the standard set forth. Based on the Laurel Municipal Code Chapter 17.60.020 #5, we believe the requested variance "would be within the spirit, intent, purpose and general plan of this title" and #6 the requested variance "would not affect adversely or injure or result in injustice to others." b) Reference Section 17.26.054 Landscaping Standards— B. Landscaping Standards which states "I. Bufferyard Requirements. All commercial/Industrial land uses are required to place a bufferyard (landscaping strip) adjacent to and along the length of I- 90..." Furthermore, it states "...The number of trees and shrubs required per one 406.839.9151 City-County Planning Variance Request k 08/01/19 hundred feet of frontage: (1) Twenty-five foot wide bufferyard: five Canopy or evergreen trees, ten Shrubs..." The material under review for this variance request item is a proposed 25'-0" Bufferyard that meets the landscaping standard, however, does not provide the required five trees or ten shrubs per one hundred feet of frontage, see attached Site Plan sheet C101 for full scope. We have taken this direction after meeting with the City, with the realization that there is an existing Sanitary Sewer line that runs directly under the bufferyard, the full extent of frontage on this property. It was clear that the City was not in favor of putting trees nor shrubs directly above this existing line, under any circumstance. We feel the same, it would be a design flaw and future maintenance issue. Please note, in addition to the proposed landscaped bufferyard we are proposing 25-0" more landscaped area as part of a stormwater detention, this adds to the interstate buffer zone. Based on the Laurel Municipal Code Chapter 17.60.020, we believe the requested variance meets requirement#2 "Unless the grant relates to a condition or situation special and peculiar to the applicant;" the existing location of the Sanitary Sewer line running directly under the bufferyard creates that special situation/condition. c) Reference Section 17.26.052 Development Standards— B. Additional Provisions for Commercial Uses, which states "I. Storage of Merchandise. Any permitted storage of merchandise outside an approved building shall be within an area enclosed with a sight obscuring fence at least six feet in height that is architecturally compatible in color and design with the building. However, promotional displays, vehicle sales lots and plant materials may be displayed outside of an approved building or enclosed area so long as they are placed appurtenant to a building wherein the business displays the bulk of its goods for sale. In addition, retail nurseries shall be exempt from the enclosure of plant materials, and displayed merchandise shall not include any used equipment. Bufferyards or required landscaping shall not be used for the displaying of merchandise." The material under review for this variance request item is a proposed 6' chain link fence or an 8' chain link fence with 1' of barbwire above. Midway Rental is the leading provider of rental equipment in Montana and offers a large selection of equipment rentals to choose from including man lifts, scissor lifts, forklifts, excavators and general equipment rentals such as air compressors, light towers and generators. It is key for the public to have visibility to Midway's merchandise available for rent or sale. The intent of the proposal is that all rental/sale merchandise for display along interstate 1-90 will be outside an approved building and enclosed in the yard area appurtenant to the building. With either of the chain link fence options listed, merchandise for rent/sale would be secure and still have the visibility to the public that the sight obscuring fence would not allow. Based on the Laurel Municipal Code Chapter 17.60.020, we believe the requested variance meets requirement#2 "Unless the grant relates to a condition EEC, Inc. www.eecmt.com ENGINEERS ARCHITECTS SURVEYORS BUILDERS Page 2 of 3 Billings,MT 59106 City-County Planning Variance Request —� 08/01/19 or situation special and peculiar to the applicant;" and requirement#3 "Unless the basis is something more than a mere financial loss to the owner." The 6' sight obscuring fence creates the inability to display rental/sale merchandise which is a special situation/condition to an equipment rental company and would easily create a basis for more than a mere financial loss. 5. See attached completed Laurel Variance Request Application and associated fee of$1,100 for a commercial property. Sincer, ly Chuck Henrichs, P.E. Vice President of Engineering, EEC, Inc. Owners Representative 406.839.9151 ENGINEERS ARCHITECTS SURVEYORS • • S Page 3 of 3 Lohwest Lane Billings, MT 59106 Lo .;i� ` \; (Q J O "- 7; Lr) zy �, v,. 'J� ca, Q a L W -0 _ O U _ u W L Y n/ U LL Li U c U U eueluOw `Jaane� IaannZ jo ��t� RECEIPT Lapr�el Monta , �?/// � 54753 �Ea ------------------ --/_� ....................... Received From - - ----------------------------------------------------- Co ------------- ------ ---------------- - ---------------------------------------------------------------- --------- C: 0 ----- llars ($------------------------7----------------------------- ------------- For 4 - -- ------ ------------------------------------------------------------- HOW PAID City of Laurel Cash 2, Check By - ------------------- Credit Card Lu NEW WATER SERVICE TAP H GENERAL NOTES: (D z 1. NO SIGNAGE WITH THIS PACKAGE; A SEPARATE SIGN PERMIT WITH BE SUBMITTED FOR REVIEW. z Q 2. WATER AND SEWER EASEMENT TO BE PROVIDED TO CITY OF LAUREL FOR MAINTENANCE. Z •--I ------------------------------------------- ----------- ---------------------------� RAILROAD STREET----------------------- O n" LLI N2 wU T N T T 0U U) FIRE HYDRANT POWER POLE LEGEND: _ T ,,,.; -I - O - --- .1---0 1:1LANDSCAPED AREA (SEE L101) a DO _ 0 F- ----_ ----------------------------------------O_T_--_ -__ _ _ A i__ ---------------------------------------------- J _ _ o_ ----_ Y CONCRETE W CD I I m _$ i CD Q N p m r = I Lo LIGHT EXISTING 50' WIDE PETROLEUM ? 17 z 0_ Q' Q 1 i POLE --�--- PIPELINE-EASEMENT - -' j ASPHALT El jr Z U) Q 0 2 W N Q ----------------------------------------------------------------+ --- - --------- - --------------------------- ---- -- LIGHT _J 430 LF --- - ----- POLE w Z ~ LU NEW 6" WATER MAIN l i GRAVEL H Q I I 40' DOUBLE - - - I z Q N_j �NTILJVER SIDING LOT 1A, BLOCK 1, I ~ � -UJ J GATE - ENTERTAINMENT PARK - 6 SITE I DECIDUOUS OR CONIFEROUS TREE w OBSCURINLu 15" CULVERT I SUBDIVISION FENCE I � F-- Y FUTURE LOT UNDER 40' APPROACH I I - - - qi� U i 3.001 ACRES i ,r+-, w W O I t S SHRUB m 1�3.5' ACCESS UTILITY w' � EASEMENT I I. I NEW FENCE 60 LF 1.5" WATER SERVICE & CAP I I LIGHT LIGHT I BUILDING AREA: 7,971 S.F. ZONING: HIGHWAY COMMERCIAL (HC), ENTRYWAY ZONING DISTRICTS (EZD) E i POD .POLE _ m i COVERED STORAGE AREA: 1,200 S.F. 48 LF SANITARY y n - - 10 _ •3, G BV2E82YASRFO�. _ . .I TOTAL BUILDING AREA: 130,7 S.F. SEWER & CAP E --� e e1-1.-Tw e e N i SETBACKS: FRONT:320' S.F. 0¢ O LOT AREA: i a� s s e e a 1e 0 SIDE: 0' ---------------------------------- -------------- --- li - I n I - REAR: 0 (7 a O I I MAXIMUM LOT COVERAGE = 75% 206 LF f4t I ACTUAL LOT COVERAGE 7 7• p [� F"r1 ou THICKEND EDGE j'� ALLOWABLE HEIGHT 45' �cO ri ASPHALT PARKING SIDEWALK �16' CANTILEVER GATE I ACTUAL HEIGHT = 25'-6' N7 I 15,558SF III LANDSCAPE REQUIRED(8%) 3xO CC/7)•WUd UNDEVELOPED rEjIOR CRSE O S 130,723.56-9,171(•OB) = 9,724 S.F. LANDSCAPE PROVIDED = 23,291 S.F.15" CULVERT M as 4o UNDER 30 oVX y33 PARKING: a a w 3 APPROACH I at 2(� 24.7 - iO 86 LF 1.5" WATER 47.1 I HIGHWAY COMMERCIAL: W SERVICE I Y� 1♦ - i 1. 17.40.090 (J) 1 SPACE FOR EA. 200 S.F. OF FLOOR ON GROUND r-a w FLOOR PLUS ON SPACE FOR EA. 400 S.F. FO FLOOR AREA IN LIGHT POLE I 15 "m i BASEMENT OR ANY STORY ABOVE THE GROUND FLOOR FUTURE LOT •�I OFFICE/ SHOP wag o 0 Q 1e Ili, SHOWROOM 5,820 SF o N m j BUILDING AREA 7,971 SF 10' MIN. CLEARANCE I 2,151 SF _ U _I PARKING REQUIRED = 40 SPACES C7 BETWEEN WATER & I fi 17 7,. - I - HANDICAP PARKING: 2 PER 25-50 SPACES W SANITARY SEWER LINE I _ I PARKING REQUIRED = 40 SPACES 1 •,Fit. PARKING PROVIDED = 40 SPACES 61 LF 1.5" WATER IMI o 'n SERVICE & CAP I yy ]{ m ce I LANDSCAPE: ENTRYWAY ZONING DISTRICT-PARKING LOT CONTAINING > 10 SPACES: C-y��� •�I m - - I 20 S.F. OF LANDSCAPED AREA SHALL BE PROVIDED FOR EACH J/..-� I I 10 N I• i.- PARKING SPACE ON PARKING LOTS CONTAINING MORE THAT TEN SPACES. 9 48 LF SANITARY m I- .... REQUIRED PARKING LANDSCAPE: 20X40=800 SF m SEWER & CAP •_ I I N 10 EASEMENT 2 TREES AND FIVE SHRUBS SHALL BE REQUIRED FOR EVERY TEN o PARKING SPACES OR COMPONENT THERE OF OVER TEN PARKING SPACES 21.7 " '" '° " pp� •••• REQUIRES TREES = 8 ------------------------- -------81 LF --------------- ---- 00 .... REQUIRED SHRUBS = 20 81 LF 1.5"WATER o e o o - SERVICE & CAP E I i - BILLBOARD m - NO MORE THAN 25% OF LANDSCAPING AREA SHALL CONTAIN ROCK, E MH 3 5� EASEME 20' CANTILEV R _' BARK CHIPS, STEPPING STONES, OR SIMILAR MATERIALS 55 •I - MINIMUM WIDTH AND OR LENGTH OF ANY PARKING LOT LANDSCAPE _ i " CULVERT GATE - .'•'•' AREA SHALL BE FIVE FEET. 68 LF SANITARY i RA3'S NDER 40' - • ,tom 6' SITE SEWER & CAP I PROACH I - - Y.' BUFFERYARD: I OBSCURING _ �r H FENCE ENTRYWAY ZONING DISTRICT: z TWENTY-FIVE FOOT WIDE BUFFERYARD: FIVE CANOPY OR EVERGREEN ML.-lqI 'z" - LIGHT .• '✓;''w� - TREES, TEN SHRUBS PER 100' OF FRONTAGE POLE rss' .... TREES: 3.2X5= 17 TREES - - - ..•• SHRUBS: 3.2X70= 32 SHRUBS FUTURE LOT FIRE HYDRANT I I• - cS� STORM WATER I aG^ DETENTION POND I •••. -i•. - r• �" N PING 23,291 SANITARY SEWER MAIN • q n 5h 326LF H' u o o K _ A O EXISTING mC6 ' MANHOLE , SITE PLAN 0' 15' 30' 60' m 0 O _U C701 SCALE (22X34): 1• SCALE (11X17): 1" = 60' SCALE(22X34): 1"- 30' m 0) 4? 'm "O SCALE(11X17): 1"- 60' " .0 03 03 0 0 0 d U W �— Z 0 Z_ Q Z NN O W U = 0 J pDO E0 < r0U)o 169'-4 LLI IL W 2 0 to Q H W N ¢ X �3 97' LI..I � p �- JJ 6-'8• 33-�• 77' 20' 20' Z 1- Q W W Z Q J • zi W \ \ W Of W J H ,e 9• 6'-11 6'-3• I I Lu Z 0O I0 W J I I I I cuD xs � I m OPEN TO BELOW - y VESf1BULE <� iy . 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AIR W Nn■11 EG 2 o- R LINE � --k COLD HB W 2 MEZZANINE PLAN , FLOOR PLAN A1.1 SCALE (22X34): 1/8"=,'-0" A1.1 SCALE (22X34): 1/8"=1'-0" SCALE (11X17): 1/16"=1'-0" SCALE (11X17): 1/16"=1'-0" UUN 1 >,o 10 I m m o C `d U U 0) -0 cu .O 0 t M " O3 0 0 0 a- U Lu U' Z 0 STANDING SEAM METAL ROOF ARCHITECTURAL CONCEALED Z Q CONCEALED FASTENER FASTENER METAL PANEL Z J STANDING SEAM METAL ROOF CONCEALED FASTENER O O W Lu PRE-FINISHED LAP SIDING = U CD � p J pm N U) Y W J —SOTORAGE� 0 O O O O O O O O W a p \ 8'x4•\ \ \ \ LL I- Q Q H �TYP. LLiuN ¢O � J Z ~ Q W z Q , o x p LIJ _j CONCEALED FASTENER METAL SIDING U- LL1 Y NORTH ELEVATION W z �•1 SCALE (22X34): 1/8"=1'-0" Q Lu SCALE (11X17): 1/16"=1'-0" m z STANDING SEAM METAL ROOF STANDING SEAM METAL ROOF CONCEALED FASTENER n.. EXPOSED STEEL BUILDING MAINFRAME CONCEALED FASTENER 12 ARCHITECTURAL CONCEAL D 12 12 ARCHITECTURAL CONCEALED 3 2 FASTENER METAL PANEL 3� �3 FASTENER METAL PANEL. BEYOND �O O^ W �W N o z xJ! i a i m D 0 u o m o E (zo -, 41 Wx4•\ \ \ < \ \ L. rQr� PRE-FlNISHED LAP SIDING CONCEALED FASTENER METAL SIDING (1,) WEST ELEVATION 3 EAST ELEVATION A2.1 SCALE (22X34): 1/8"=1'-0" A2.1 SCALE (22X34): 1/8"=1'-O" SCALE (11 X17): 1/16"=1'-0" SCALE (11X17): 1/16"=1'-0" m u� N N STANDING SEAM METAL ROOF CONCEALED FASTENER J ARCHITECTURAL CONCEALED - � FASTENER METAL PANEL � z Alip. ll z I W iv N N I COVERED STORAGE m Nc CONCEALED FASTENER METAL SIDING PRE-FINISHED LAP SIDING = _ �1 SOUTH ELEVATION U U N A2.1 SCALE (22X34): 1/8"=1'-O" r SCALE (11X17): 1/16"=i'-D" co pp o �# N 3 � ai .W -0 cc °� o-0 � Lm � m ❑ U ❑ dU J J J IHE CITY Of AUK J J .) J' LAUREL CITY-COUNTY PLANNING DEPARTMENT STAFF REPORT TO: Laurel City-County Planning Board FROM: Nicholas Altonaga, Planning Director RE: Variance—Steve Diefenderfer (Midway Rentals) DATE: August 15, 2019 DESCRIPTION/LOCATION: Steve Diefenderfer of Midway Rentals submitted a request for three variances to LMC Chapter 17.26— Community Entryway Zoning District.The affected property is located on East Railroad St. at a currently unassigned address. The parcel is zoned Highway Commercial and is within the Community Entryway Zoning District.The Applicant is request variances to disregard the bufferyard requirement, sight- obscuring fence requirement, and building design standards. FINDINGS:STAFF Applicant Data: Owner: Diefenderfer Family Trust Legal Description: Entertainment Park Subd, S15,T02 S, R24 E, BLOCK 1, Lot 1A, Lot 16 AMD BILK 1 LT 1 (17) Address : 1002 3rd Ave. Parcel Size: 6.204 Acres Existing Land Use: Field Proposed Variance: Design standards and landscaping standards within the Community Entryway Zoning District. Existing Zoning: Highway Commercial Surrounding Land Uses: North: Zoning: Light Industrial Land Use: Residential South: Zoning Interstate Highway Land Use: Interstate Highway East: Zoning Light Industrial Land Use: Nana's Bloomers West: Zoning: Highway Commercial Land Use: Fiberglass Structures Inc. 1. The variance application packet is attached and contains application form, application cover sheet, detailed justification letter, fee receipt, map of site, building design plans, and public notice. 2. The application is requesting three variances to LMC 17.26—Community Entryway Zoning District including: a. 17.26.052 Development Standards Part B: Building Design Standards, and b. 17.26.052 Development Standards Part C: Additional Provisions for Commercial Uses c. 17.26.054 Landscaping Standards part B.1: Bufferyard Requirements. 3. LMC 17.26.052 Part B states: 1. All buildings shall be completed on all sides with one of the following finishing material: brick, fluted block, colored textured block, glass, stucco, architectural concealed fastener metal panels, exterior insulation and finishing systems (i.e., Dryvit, etc.), stone or wood. Exposed seam metal buildings shall be prohibited unless covered with an acceptable finishing material. 2. Roofs shall be finished with a material that is architecturally compatible in color and design with the construction of the building. Metal roofs, fascia, and mansards shall be limited to the following: standing seam, metal shakes or shingles and architectural metal treatments. All mechanical equipment placed on top of any roof shall be screened by a parapet or other similar architectural apparatus being at least the height of the mechanical equipment. Pitched roofs are encouraged whenever possible. 3. Long, flat facades that front on the interstate highway, First Avenue North or First Avenue South having more than one hundred lineal feet are prohibited. Buildings over one hundred feet in length shall incorporate one of the following: recesses, off-sets, angular forms, landscaping features or other architectural features such as bell towers, clock towers, to provide a visually interesting shape. The break in the facade shall be minimum of eight feet in length. A single uninterrupted length of a facade shall not exceed one hundred lineal feet. It is encouraged that each offset area contains landscaping or other similar amenities which will complement the offset area. 4. LMC 17.26.052 Part C States: 1. Storage of Merchandise. Any permitted storage of merchandise outside an approved building shall be within an area enclosed with a sight obscuring fence at least six feet in height that is architecturally compatible in color and design with the building. However, promotional displays, vehicle sales lots and plant materials may be displayed outside of an approved building or enclosed area so long as they are placed appurtenant to a building wherein the business displays the bulk of its goods for sale. In addition, retail nurseries shall be exempt from the enclosure of plant materials, and displayed merchandise shall not include any used equipment. Bufferyards or required landscaping shall not be used for the displaying of merchandise. 5. LMC 17.26.054 Part B States: B. Landscaping. 1. Bufferyard Requirements. All commercial/Industrial land uses are required to place a bufferyard (landscaping strip) adjacent to and along the length of 1-90, First Avenue North, or First Avenue South on which the use fronts. Such landscaping buffer shall extend from the edge of the public right-of-way. Placement and landscaping design shall be at the discretion of the developer, and the required trees and shrubs may be clustered to enhance the view of the property from the public right-of-way as long as such uses conform with Section 17.26.052(C) of this code. A local design professional or local nursery must be consulted for assistance with the development of the landscape design. The use of native, drought-tolerant plant material is strongly encouraged. Evergreen trees are encouraged for bufferyards, and canopy trees are encouraged for parking areas. The planting of trees should be done in such a manner as to provide maximum solar efficiency throughout the site. a. The developer shall have the option of one of the following three bufferyards. Bufferyard depth is measured from the property line adjacent to the public right-of- way inward. Any buffer area which overlaps another buffer area shall be subtracted from the total to avoid double counting.The number of trees and shrubs required is per one hundred feet of frontage: (1) Twenty-five foot wide bufferyard:five Canopy or evergreen trees, ten Shrubs (2) Twenty foot wide bufferyard:ten Canopy or evergreen trees,fifteen Shrubs (3) Fifteen foot wide bufferyard:fifteen Canopy or evergreen trees,twenty Shrubs b. The following criteria shall also apply to the bufferyards. i. The landscape strip may be contoured. Berming shall be one foot of rise to four feet of run with a minimum of three feet in height. Depressions shall be no lower than the existing grade of the site. ii. All landscaped areas shall contain ground cover such as sod, shrubs, flowerbeds, or organic materials. No more than ten percent of the landscaped area shall contain rock, bark chips, stepping stones, or similar material. iii. All landscaped areas shall be sub-irrigated, maintained, and kept free of weeds, debris, and litter. Failure to do so constitutes a zoning violation. Existing mature trees and shrubs should be preserved and will be credited toward landscaping requirements. iv. Depth of bufferyard shall depend on density of vegetation. v. All new utility lines shall be placed underground. vi. New tree plantings shall not be constructed so as to grow into existing overhead utility lines. 6. There currently exists a sanitary sewer utility line running along the southern boundary of the property which would present future maintenance issues and conflicts with established City of Laurel Public Works standards. 7. Similar businesses within the Community Entryway Zoning District do not conform to the rules. The applicant has stated that there are significant design and building costs and opportunity costs to future business operations if the Community Entryway Zoning District codes are fully enforced as compared to similar businesses that currently exist within the district. 8. The Boundaries of the proposed shop in the building does not follow the requirements of the 17.26.052 but the applicant states that the current design meets the intent and spirit of this title and does not adversely affect or injure or result in injustice to others. 9. 17.26.52.C.1 requires a sight obscuring fence for businesses storing merchandise outside of an approved building.The applicant states that the facility will utilize a secure 6'-8' chain link fence topped with 1' of barbed wire to secure merchandise while simultaneously allowing highway traffic to view merchandise stored on site similar to other businesses within the district. ZONING1 1N CONSIDERATIONS AN1 RECOMMENDATION The Zoning Commission shall review and make determinations on variances through Laurel Municipal Code (LMC) Chapter 17.60.020: A. It shall be the duty of the zoning commission to authorize, upon appeal in specific cases, such land use variances from the terms of the zoning ordinances as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinances or regulations will result in unnecessary hardship, and so that the spirit of the ordinances shall be observed and substantial justice done.The zoning commission shall, after a public hearing, make a recommendation to the mayor and council concerning the land use variance application. B. The zoning commission shall not recommend that land use variances be granted: 1. Unless the denial would constitute an unnecessary and unjust invasion of the right of property; 2. Unless the grant relates to a condition or situation special and peculiar to the applicant; 3. Unless the basis is something more than a mere financial loss to the owner; 4. Unless the hardship was created by someone other than the owner; 5. Unless the variance would be within the spirit, intent, purpose and general plan of this title; 6. Unless the variance would not affect adversely or injure or result in injustice to others; and 7. Ordinarily unless the applicant owned the property prior to the enactment of this title or amendment. STAFFI CONDITIONS. If the City Council recommends approval of the variance, the following conditions are suggested: 1. Ensure dust and gravel control measures are in place to keep road debris off of Public right of way. 2. Lot and landscaping must be kept free of weeds as per the City of Laurel Weed Management Plan. On July 31, 2019 Steve Diefenderfer of Midway Rentals and Chuck Henrichs and Kevin Lundin of Eggart Engineering and Construction (EEC) met with the City Planner, Building Official and Public Works Director to discuss the situation, receive comment from city staff, and understand the process to apply for a variance. On August 1, 2019 the variance application packet was received by the Planning Department. A public hearing for the variance request is scheduled to take place at the Laurel City- County Planning Board on September 5, 2019 at 10:00am. A public hearing for the variance request is scheduled to take place at the Laurel City- Council Meeting on September 24, 2019. Item Attachment Documents: 6. Resolution - Approving a Contract Between The City Of Laurel And the Montana Department Of Justice Natural Resource Damage Program RESOLUTION NO. R19- A RESOLUTION OF THE CITY COUNCIL APPROVING A CONTRACT BETWEEN THE CITY OF LAUREL AND THE MONTANA DEPARTMENT OF JUSTICE NATURAL RESOURCE DAMAGE PROGRAM. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The Contract between the City of Laurel and the Montana Department of Justice Natural Resource Damage Program for design and construction of a campground at Riverside Park, included in the Yellowstone River recreation project priority plan. Section 2: Execution. The Mayor of the City of Laurel is hereby given authority to accept and execute the Contract on behalf of the City. Section 3: Effective date. The effective date for the attached Contract is hereby approved upon approval by the City Council. Introduced at a regular meeting of the City Council on September 24th,2019,by Council Member PASSED and APPROVED by the City Council of the City of Laurel this 24th day of September 2019. APPROVED by the Mayor this 241h day of September 2019 CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Langve, Clerk-Treasurer Approved as to form: Sam Painter, Civil City Attorney R 19-Approve DOJ NRDC Contract 700122 Contract 700122 Task Order 2 Fund: 08012; Org: 10324; Project: RIVERSIDE CAMP TASK ORDER 2 City of Laurel Riverside Park Campground This Task Order is entered into between the Department of Justice,Natural Resource Damage Program (NRDP) and the City of Laurel (Contractor), as authorized by NRDP Contract No. 700122 (Agreement). 1. PURPOSE The purpose of this Task Order is to make the funds authorized for the design and construction of a campground at Riverside Park, included in the Yellowstone River recreation project priority plan available. A Scope of Work is detailed further in Attachment A.Any changes to Scope of Work tasks require written approval of the NRDP Project Manager. 2. EFFECTIVE DATE AND PERIOD OF PERFORMANCE This Task Order will take effect upon the signature of both parties and terminate on December 31, 2020,unless terminated earlier in accordance with the terms of this Task Order(Mont. Code Ann.§ 18-4-313). 3. COMPENSATION In consideration for the services to be provided, the NRDP will pay Contractor an amount not to exceed $61,150, as estimated in the budget for this Task Order. Contractor has a match of $5,000, which is separate from and additional to NRDP funding for the project. The Contractor may not submit invoices seeking reimbursement or other funding from NRDP for any costs covered by match funds or expected to be separately reimbursed by match funds. Contractor will submit monthly invoices conforming to Agreement requirements, as well as Contractor's name, address, and Agreement and Task Order numbers, to NRDP for costs actually incurred,unless no work was performed during the billing period. Invoices of subcontractors will be submitted without mark-up by Contractor. Progress reports will be submitted with all invoices (including subcontractor invoices)that clearly identify the work performed, including hours, dates and personnel. Contractor must not exceed the costs specified in this section without prior written authorization in the form of a fully executed task order modification. NRDP has thirty(30) days to pay invoices, as allowed by 17-8-242, MCA. Contractor will submit invoices to the Natural Resource Damage Program, P.O. Box 201425, Helena, MT 59620-1425, or by email to: DOJNRDPInvoice(a�mt.gov. Page 1 of 5 Contract 700122 Task Order 2 Fund: 08012; Org: 10324; Project: RIVERSIDE CAMP 4. SUBCONTRACTING Contractor will utilize its existing term contract for engineering services to perform project design. Contractor will procure a licensed construction contractor for the work in accordance with the terms of Title 18, Chapter 2, MCA, and other applicable procurement laws and regulations for public works. NRDP must pre-approve in writing of any services to be performed by a subcontractor or any supplies to be procured by Contractor. Contractor is responsible to State for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by Contractor. All Contractor procurement of subcontractors and supplies must comply with applicable Montana procurement laws and regulations. Prior to obtaining any subcontracted services or supplies in the amount of$5,000 or more, Contractor must obtain NRDP's written approval of the procurement method, subcontractor, subcontract, the subcontract price, the subcontractor agreement, and, as applicable, labor rates, overhead rates and any subcontractor fee. Contractor must use an NRDP-provided template or form for the procurement. Contractor must submit documentation of the NRDP-approved procurement with the invoice that includes subcontractor costs or supplies. NRDP may require documentation of publication of the procurement and submittal of forms, as applicable. 5. PROJECT MANAGERS AND SERVICE OF NOTICES A. The Project Manager identified below will manage the day-to-day project activities on behalf of the NRDP. The Project Manager for this Task Order is: Alicia Stickney 1720 9th Ave Helena, MT 59601 Phone: (406) 444-1346 E-mail: aliciastickney@mt.gov B. The Contractor Project Managers identified below will manage the day-to-day project activities on behalf of the Contractor. The Contractor Project Managers for this Task Order are: Kurt Markegard City of Laurel P.O. Box 10 Laurel, MT 59044 Phone: (406) 860-5785 E-mail: karkegard@laurel.mt.gov Page 2 of 5 Contract 700122 Task Order 2 Fund: 08012; Org: 10324; Project: RIVERSIDE CAMP Matt Wheeler City of Laurel P.O. Box 10 Laurel, MT 59044 Phone: (406) 208-1885 E-mail: mwheeler@laurel.mt.gov C. Written notices,reports, and other information required to be exchanged between the parties must be directed to the respective Project Managers. 6. EXECUTION. The parties through their authorized agents have executed this Task Order on the dates set out below. STATE OF MONTANA DEPARTMENT OF JUSTICE NATURAL RESOURCE DAMAGE PROGRAM Harley Harris Date Program Manager 1720 9th Ave, PO Box 201425 Helena, MT 59620 Approved for legal content by: Thad Adkins Date NRDP Legal Counsel CITY OF LAUREL Thomas C. Nelson Date Mayor P.O. Box 10 Laurel, MT 59044 Page 3 of 5 Contract 700122 Task Order 2 Fund: 08012; Org: 10324; Project: RIVERSIDE CAMP ATTACHMENT A SCOPE OF WORK City of Laurel Riverside Park Campground PURPOSE The purpose of this task order scope of work is to outline tasks necessary for the Contractor to design, bid and provide construction oversight for development of a campground at Riverside Park in Laurel, Montana. This task will partially implement the Yellowstone River Recreation Project Priority Plan, developed as part of the Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Assessment for the Exxonmobil Pipeline Company July 1, 2011 Yellowstone River Oil Spill(Restoration Plan). BACKGROUND The City of Laurel (Contractor)proposed to design and build a campground, including installation of camping spots, sanitation facilities, picnic facilities,parking improvement, a trail, tree and shrub plantings, lighting, and other associated components as part of the preparation of the recreation project priority plan. The Recreation Project Priority Plan was completed as part of the implementation of the final Restoration Plan prepared by the U.S. Department of the Interior, through the Bureau of Land Management and U.S. Fish and Wildlife Service, and the State of Montana through the Department of Justice Natural Resource Damage Program (NRDP). The priority plan identifies preferred recreation projects and funding amounts to meet the restoration plan goal of providing additional recreational human use opportunities to offset those lost due to the July 1, 2011 ExxonMobil Pipeline Company Yellowstone River Oil Spill. These projects were approved by Governor Bullock on May 30, 2018 as part of the Yellowstone River Recreation Project Priority Plan. The purpose of this task order is to make the approved funds available to the City of Laurel for the project. TASKS Contractor will perform the following tasks: Task 1: Contracted Engineering Campground Design and Oversight Contractor, will design and oversee the construction of the Riverside campground development. The development of the design will include the following steps: 1)topography and boundary survey, 2) schematic design, 3) design development and construction documents. Contractor will provide schematic design development and construction bidding documents to NRDP for review prior to advertisement for bids, to ensure project meets the requirements of the Recreation Page 4 of 5 Contract 700122 Task Order 2 Fund: 08012; Org: 10324; Project: RIVERSIDE CAMP Project Priority Plan and Final Restoration Plan, and complies with applicable provisions of state procurement law and regulation. Contractor will perform an open and competitive bidding process and any award will be made based on the lowest price offered by a responsive and responsible bidder. Contractor will perform construction oversight of the construction contractor until completion of the work and final payment of the construction contract. Contractor will provide NRDP with a construction completion report that describes, at a minimum, the project, location, brief description of procurement, identification of contractors (including engineer and/or oversight personnel), description of construction activities, dates and amounts of payments, weather days, bond claims,unusual or unanticipated circumstances, and dates of substantial completion and final payment. Task 2: Progress Reporting Contractor will prepare monthly Progress Reports to accompany each invoice. Contractor will only prepare reports when work occurs during the monthly reporting period. SCHEDULE AND DELIVERABLES Contractor will provide deliverables to NRDP according to the following schedule: 1. One (1) electronic schematic design by October 15, 2019. 2. One (1) electronic design drawings and specifications (bidding documents) to NRDP by January 15, 2020. 3. One (1) electronic version of the construction completion report. 4. One (1) electronic version of each Progress Report, due with each invoice. Page 5 of 5 Item Attachment Documents: 7. Resolution - Approving A Task Order Authorizing Kadrmas, Lee &Jackson, INC. For Services Relating To The Development Of Design Standards For Public Improvements. RESOLUTION NO. R19- A RESOLUTION APPROVING A TASK ORDER AUTHORIZING KADRMAS, LEE & JACKSON,INC. FOR SERVICES RELATING TO THE DEVELOPMENT OF DESIGN STANDARDS FOR PUBLIC IMPROVEMENTS. WHEREAS, the City of Laurel previously executed an Agreement for Professional Services with Kadrmas, Lee &Jackson, Inc. ("KLJ") on December 5, 2017, via Resolution No. R17-69; and WHEREAS, the City of Laurel requires engineering services for the City of Laurel's Public Improvement Design Standards as described in the attached Task Order with is incorporated herein by reference; and WHEREAS, the services to be provided and cost for such services are fully described in the attached Task Order and the services rendered shall not exceed $50,000 without further authorization and written approval by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, the attached Task Order authorizing the services to be performed by KLJ for the City of Laurel is hereby approved and the Mayor is hereby authorized to execute the attached Task Order on the City's behalf. Introduced at a regular meeting of the City Council on September 24, 2019, by Council Member PASSED and APPROVED by the City Council of the City of Laurel this 24th day of September 2019. APPROVED by the Mayor this 24th day of September 2019. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: Sam Painter, Civil City Attorney R19-Approve Task Order for City of Laurel's Public Improvement Design Standards:Kadrmas,Lee&Jackson,Inc. This is a Task Order for KU Project No. 1804-02569, consisting of four 4 pages,plus attachments. Task Order: Design Standards and Rules& Regulations Update In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services—Task Order Edition, dated December 5, 2017 ("Agreement"),Owner and Engineer agree as follows: 1. Background Data A. Effective Date of Task Order: 9/24/2019 B. Owner: City of Laurel C. Engineer: Kadrmas, Lee &Jackson, Inc. (dba "KU") D. Specific Project(title): Design Standards and Rules&Regulations Update E. Specific Project(description): Develop a set of cohesive and concise design standards for public improvements to help facilitate reviews of new developments and ensure the public improvements are designed in the City of Laurel's best interest. Update rules and regulations governing Utility services and streets for the City of Laurel to current standards 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order areas follows: 1) Develop a set of written design standards for public improvements including: a) Streets, curbs and gutters b) Water mains,services and appurtenances c) Sewer mains,service and appurtenances d) Stormwater management infrastructure e) Sidewalks and shared use paths, including curb ramps f) Parklands and open space 2) Develop a submission policy and process outlining necessary materials for review of future developments. Design standards to incorporate Montana Public Works Standard Specifications (MPWSS)and Montana Department of Environmental Quality(DEQ)circulars wherever possible. Task Order Form—Design Standards and Rules&Regulations Update E1CDC®E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright©2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 3) Review current Rules and Regulation Governing Utility Services and Streets for the City of Laurel and make recommendations pertaining to the following: a) Address current standards of practice employed by the City of Laurel as identified by staff. b) Eliminate redundancy with Design Standards and Montana DEQ Standards. c) Address chronic problem areas as identified by City staff. 4) Attend up to ten(10)meetings with City staff to discuss progress and make decisions. 5) Upon completion of written standards, present design standards to the Public Works Committee and City Council for adoption. The process includes: a) One(1)presentation of the final draft to the Public Works Committee b) Two(2)presentations of the final document to Council Work Sessions c) Two(2)presentations to Council for public hearings and adoption All the services included above comprise Basic Services for purposes of Engineer's compensation under this Task Order. 3. Additional Services A. Additional Services that maybe authorized or necessary under this Task Order areas follows: 1) Additional meetings with City staff beyond those identified in Basic Services 2) Additional presentations to the Governing Body beyond those identified for adoption 3) Services resulting from significant changes to the scope extent or character of the project. 4) Delays because of incomplete, incorrect or untimely information provided by the City. 5) Drafting of new details or specifications not already including in MPWSS. 6) Additional iterations or revisions to documents. 4. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B, subject to the following: Offer timely and accurate feedback to questions posed. S. Task Order Schedule In addition to any schedule provisions provided in Exhibit A or elsewhere,the parties shall meet the following schedule: Task Order Form—Design Standards and Rules&Regulations Update E1CDC®E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright©2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 Party Action Schedule Engineer Furnish [five (5)] review copies of the Within [thirty(30)] days of the Effective Date outlines to the City for review before of the Task Order. moving on to a first draft. City of Laurel Submit comments regarding outline to Within [fifteen (15)] days of the receipt of Engineer. outline from Engineer. Engineer Furnish [five (5)] copies of the first drafts to Within [one-hundred twenty(120)] days of the City for review and comment. receipt of City's comments regarding the outline. Owner Submit comments regarding first drafts to Within [fifteen (15)] days of the receipt of first Engineer. draft from Engineer. Engineer Furnish [five (5)] copies of the final drafts to Within [fifteen(15)] days of the receipt of the City for review. first draft comments. Owner Submit comments and final instructions for Within [fifteen(15) ] days of the receipt of the presentation of final documents to the final draft from Engineer. Governing Body for adoption. 6. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: Description of Service Amount Basis of Compensation 1. Basic Services $[50,000.00] [Hourly not to Exceed] TOTAL COMPENSATION (lines 1.a-h) $[50,000.00] [Hourly not to Exceed] 2. Additional Services(Part 2 of Exhibit A) (N/A) [ Hourly] Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates only. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Engineer's labor, overhead, profit, reimbursable expenses(if any),and Consultants' charges, if any. For lump sum items, Engineer may alter the distribution of compensation between individual phases (line items) to be consistent with services actually rendered but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 7. Consultants retained as of the Effective Date of the Task Order: 8. Other Modifications to Agreement and Exhibits: Task Order Form—Design Standards and Rules&Regulations Update E1CDC®E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright©2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 9. Attachments: 10. Other Documents Incorporated by Reference: 11.Terms and Conditions Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order is [9/24/2019]. OWNER: City of Laurel ENGINEER: Kadrmas, Lee &Jackson, Inc. By: By: Print Print Name: Name: Title: Title: Engineer License or Firm's Certificate No. (if required): PEL-EF-LIC-37 State of: Montana DESIGNATED REPRESENTATIVE FOR TASK ORDER: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Kurt Markegard Name: Matt Corcoran Title: Director of Public Works Title: Project Manager PO Box 10 2611 Gabel Road Address: Laurel, MT 59044 Address: Billings, MT 59102 E-Mail E-Mail Address: kmarkegard@laurel.mt.gov Address: matt.corcoran@kljeng.com Phone: 406-628-4796 Phone: 406-247-2917 Task Order Form—Design Standards and Rules&Regulations Update E1CDC®E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright @ 2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 Item Attachment Documents: 8. Resolution - Approving A Task Order Authorizing Kadrmas, Lee &Jackson, INC. For Services Relating To The Assembling Of City Infrastructure Data Into A Single Source, Which Can Be Used To Track And Manage Assets. RESOLUTION NO. R19- A RESOLUTION APPROVING A TASK ORDER AUTHORIZING KADRMAS, LEE & JACKSON, INC. FOR SERVICES RELATING TO THE ASSEMBLING OF CITY INFRASTRUCTURE DATA INTO A SINGLE SOURCE,WHICH CAN BE USED TO TRACK AND MANAGE ASSETS. WHEREAS, the City of Laurel previously executed an Agreement for Professional Services with Kadrmas, Lee &Jackson, Inc. ("KLJ") on December 5, 2017, via Resolution No. R17-69; and WHEREAS, the City of Laurel requires engineering services for the City of Laurel's Public Works Infrastructure as described in the attached Task Order with is incorporated herein by reference; and WHEREAS, the services to be provided and cost for such services are fully described in the attached Task Order and the services rendered shall not exceed $30,000 without further authorization and written approval by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, the attached Task Order authorizing the services to be performed by KLJ for the City of Laurel is hereby approved and the Mayor is hereby authorized to execute the attached Task Order on the City's behalf. Introduced at a regular meeting of the City Council on September 24, 2019, by Council Member PASSED and APPROVED by the City Council of the City of Laurel this 24th day of September 2019. APPROVED by the Mayor this 24th day of September 2019. CITY OF LAUREL Thomas C. Nelson, Mayor ATTEST: Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: Sam Painter, Civil City Attorney R19-Approve Task Order for City of Laurel's Public Works Infrastructure Data:Kadrmas,Lee&Jackson,Inc. This is a Task Order for KU Project No. 1904-00461, consisting of three (3) pages,plus attachments. Task Order: Data &Asset Management In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services—Task Order Edition, dated December 5, 2017 ("Agreement"),Owner and Engineer agree as follows: 1. Background Data A. Effective Date of Task Order: 9/24/2019 B. Owner: City of Laurel C. Engineer: Kadrmas, Lee &Jackson, Inc. (dba "KU") D. Specific Project(title): Data&Asset Management E. Specific Project(description): Assemble city infrastructure data into a single source, which can be used to tack and manage assets. 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are: Set forth in Part 1—Basic Services of Exhibit A, "Engineer's Services for Task Order," modified for this specific Task Order, and attached to and incorporated as part of this Task Order. B. Resident Project Representative (RPR)Services—Not Used C. Designing to a Construction Cost Limit—Not Used D. Other Services- None E. All of the services included above comprise Basic Services for purposes of Engineer's compensation under this Task Order. 3. Additional Services A. Additional Services that maybe authorized or necessary under this Task Order are: Set forth as Additional Services in Part 2—Additional Services, of Exhibit A, "Engineer's Services for Task Order," modified for this specific Task Order, and attached to and incorporated as part of this Task Order. Task Order Form—Data&Asset Management E1CDC®E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright©2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 4. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B. 5. Task Order Schedule Engineer shall perform the services in a reasonable amount of time not to exceed one-hundred twenty(120) days. 6. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: Description of Service Amount Basis of Compensation 1. Basic Services (Part 1 of Exhibit A) $[30,000.00] [Hourly] a. Study and Report Phase (A1.01) $[30,000.00] [Hourly] b. Preliminary and Final Design Phase(A1.02, A1.03) c. Bidding or Negotiating Phase (A1.04) d. Construction Phase (A1.05)* e. Resident Project Representative Services* (A1.05.A.2). f. Post-Construction Phase (A1.06) g. Commissioning Phase(A1.07) h. Other Services(see A1.08, and 2.D above) TOTAL COMPENSATION (lines 1.a-h) $[30,000.00] 2. Additional Services(Part 2 of Exhibit A) (N/A) [Hourly] Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates only. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Engineer's labor, overhead, profit, reimbursable expenses (if any), and Consultants' charges, if any. For lump sum items, Engineer may alter the distribution of compensation between individual phases (line items)to be consistent with services actually rendered, but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 7. Consultants retained as of the Effective Date of the Task Order: 8. Other Modifications to Agreement and Exhibits: 9. Attachments: 10. Other Documents Incorporated by Reference: Task Order Form—Data&Asset Management EJCDC°E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright©2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 11.Terms and Conditions Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order is [9/24/2019]. OWNER: City of Laurel ENGINEER: Kadrmas, Lee &Jackson, Inc. By: By: Print Print Name: Name: Title: Title: Engineer License or Firm's Certificate No. (if required): PEL-EF-LIC-37 State of: Montana DESIGNATED REPRESENTATIVE FOR TASK ORDER: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Kurt Markegard Name: Matt Corcoran Title: Director of Public Works Title: Project Manager PO Box 10 2611 Gabel Road Address: Laurel, MT 59044 Address: Billings, MT 59102 E-Mail E-Mail Address: kmarkegard@laurel.mt.gov Address: matt.corcoran@kljeng.com Phone: 406-628-4796 Phone: 406-247-2917 Task Order Form—Data&Asset Management E1CDC®E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright @ 2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 This is EXHIBIT A, consisting of [three (3)] pages, referred to in and part of the Task Order dated [9/24/2019]. Engineer's Services for Task Order: Data &Asset Management PART 1—BASIC SERVICES A1.01 Study and Report Phase Services A. As Basic Services, Engineer shall: 1. Collect geographic information system (GIS) and other electronic data provided by Owner and other open-source sources to include: a. City of Laurel water distribution, sanitary sewer,and storm drain systems b. Parcels and property information c. Water distribution system hydraulic model 2. Assist Owner in identifying gaps and update data based on Owner feedback or additional information. Sources of additional information to include: a. Recent record drawings b. Maps marked by Owner c. Up to three (3) meetings to discuss changes and clarify mark-ups 3. Convert water distribution hydraulic model to GIS format and update based on information gathered in A1.01.2 recalibrate the model for use in future modelling studies. Fee does not include additional data gathering. Initial set will be made with existing data, which can be supplemented later. 4. Format sanitary sewer system GIS data in preparation for future modelling studies. Fee does not include additional data gathering. Initial set will be made with existing data, which can be supplemented later. 5. Prepare new atlas maps depicting City water distribution,sanitary sewer,and storm drain systems. 6. Link data to online based interface subscription chosen by Owner. B. Engineer's services under the Study and Report Phase will be considered complete on the date when Engineer has delivered to Ownerthe revised Report and any other Study and Report Phase deliverables. A1.02 Preliminary Design Phase—Not Used A1.03 Final Design Phase—Not Used Exhibit A—Engineer's Services—Data&Asset Management E1CDC® E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright©2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 A1.04 Bidding or Negotiating Phase—Not Used A1.05 Construction Phase—Not Used A1.06 Post-Construction Phase—Not Used A1.07 Commissioning Phase—Not Used PART 2—ADDITIONAL SERVICES A2.01 Additional Services Requiring an Amendment to Task Order A. Advance Written Authorization Required: During performance under a Task Order, Owner may authorize Engineer in writing to furnish or obtain from others Additional Services of the types listed below. Unless expressly indicated above or in the specific Task Order to be included Basic Services,the following services are not included as part of Basic Services and will be paid for by Owner as Additional Services,using the basis of compensation for Additional Services,as indicated in the specific Task Order. 1. Preparation of applications and supporting documents(in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Specific Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Specific Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Specific Project. 2. Services resulting from significant changes in the scope,extent,or character of the portions of the Specific Project designed or specified by Engineer, or the Specific Project's design requirements, including, but not limited to, changes in size, complexity, Owner's schedule, character of construction,or method of financing;and revising previously accepted studies,reports, Drawings, Specifications, or Construction Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of the Task Order or are due to any other causes beyond Engineer's control. 3. Services required as a result of Owner's providing incomplete or incorrect Specific Project information to Engineer. 4. Providing renderings or models for Owner's use, including services in support of building information modeling or civil integrated management. 5. Undertaking investigations and studies including, but not limited to: a. detailed consideration of operations, maintenance, and overhead expenses; b. based on the engineering and technical aspects of the Project, the preparation of feasibility studies(such as those that include projections of output capacity, utility project rates,project market demand, or project revenues) and cash flow analyses, provided that such services do not include rendering advice regarding municipal financial products or the issuance of municipal securities; Exhibit A—Engineer's Services—Data&Asset Management E1CDC® E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright©2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 c. preparation of appraisals; d. evaluating processes available for licensing, and assisting Owner in obtaining process licensing; e. detailed quantity surveys of materials, equipment, and labor; and f. audits or inventories required in connection with construction performed or furnished by Owner. 6. Furnishing services of Consultants for other than Basic Services. 7. Providing data or services of the types described in Exhibit B, when Owner retains Engineer to provide such data or services instead of Owner furnishing the same. Exhibit A—Engineer's Services—Data&Asset Management E1CDC® E-505,Agreement Between Owner and Engineer for Professional Services—Task Order Edition. Copyright©2014 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 Item Attachment Documents: 9. Discussion regarding the Park Board's recommendation to reopen Riverside Park. To the City Council Members From the Laurel Parks Board During the meeting of August 1, 2019, the park board voted to recommend the opening of Riverside Park. with a vote of 5-0. Since we have a working toilet in the park again, the board thought it was time bJ remove the"Park Closed"signs near the entrance. - FhiafoUoxvathe master plan of Riverside Pork. Board K8ennberm' . Item Attachment Documents: 10. Discussion regarding Park Board's recommendation to repair the American Legion building. To the City Council Members From the Laurel Parks Board During the meeting of August 1, 2019, the park board voted to recommend the the repair of the American Legion Building in Riverside Park. with a vote of 5-0. There was little damage to the building from the flood with possible repairs to the septic system. |f repairs to the septic system can not be done, then it is recommended that the bathroom be removed from the building. A vault toilet is planned to be placed near the building in the back part of the park. This follows the master plan of Riverside Park. Board K8arnbera' . Iry Wilke, Evan Bruce,Jon Rott. Richard Herr, Scot Stokes, and Phyllis B Item Attachment Documents: 11. Discussion regarding the Park Board's recommendation to demolish the Caretaker's house in Riverside Park. To the City Council Members From the Laurel Parks Board During the meeting of August 1, 2019, the park board voted to recommend the demolishing of the old caretaker's house in Riverside Park. with a vote of 5-0. This follows the master plan of Riverside Park. Board Members; Iry Wilke, Evan Bruce, Jon Rutt,Richard Herr, Scot Stokes, and Phyllis Bromgard Item Attachment Documents: Review Draft Council Agenda of September 24, 2019. AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 24, 2019 6:30 PM COUNCIL CHAMBERS WELCOME . . . By your presence in the City Council Chambers, you are participating in the proc*ss of representative government. To encourage that participation, the City Council has specified times for citizen comments on its agenda--once following the Consent Agenda, at which time citizens may address the Council concerning any brief commuty announcement not to exceed one minute in duration for any speaker;and again following Items Removed from t Consent Agenda, at'which time citizens may address the Council on any matter of City business that is not on tonight' gend ach speaker will be limited to three minutes, unless the time limit is extended by the Mayor with the consent e Counc Citizens may also comment on any item removed from the consent agenda prior to council action, with h spe' er limit to Three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen uld l to co lent on an agenda item, we ask that you wait until the agenda item is presented to the Council by th or an . he pule is asked to comment by the Mayor. Once again, each speaker is limited to three minutes. j Any person who has any question concerning any agenda item may call t City Clerk easurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City g men lcom ur interest and hopes you will attend the Laurel City Council meetings often. Pledge of Allegiance Roll Call of the Council Approval of Minutes 1. Approval of Minutes of September 10, 2 9, uncil Meeting. Correspondence Council Disclosure of Ex Parte communications Public Hearing 2. Granting A Varian om he City oning Ordinance To Allow An Outdoor Computer Controlled Variable Message ign ithin A Residential District. 3. Granting A Vace From The*City's Zoning Ordinance To Disregard The Bufferyard Requirement, Sight-Obscuring Fence Requirement And Building Design Standards. Consent Ite �� � NOTICE TO THE PUBLIC The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for disc ion and sideration. The matters removed from the Consent Calendar will be considered individually at the end of this a unde terns Removed from the Consent Calendar."(See Section 12.) The entire Consent Calendar, with the exceptio items moved to be discussed under "Items Removed from the Consent Calendar,"is then voted upon by roll call under on. 4. Clai for the Month of September 2019. 5. Clerk/Treasurer Financial Statement for the Month of August 2019. 6. Approval of Payroll Register for Pay Period Ending 09/08/2019 totaling $206,503.39. Ceremonial Calendar Reports of Boards and Commissions 7. Review the Following Minutes: Laurel Chamber of Commerce Minutes of August 08, 2019. City-County Planning Board minutes of September 5, 2019. Budget and Finance Committee minutes of September 10, 2019. Laurel Urban Renewal Agency minutes of September 19, 2019. Audience Participation (Three-Minute Limit) Citizens may address the Council regarding any item of City business that is not on tonight's agenda. Comments regarding tonight's agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not on the agenda. Scheduled Matters 8. Resolution No. R19-69 A Resolution Granting A Variance From The City's Zoning Ordinance To Allow An Outdoor Computer Controlled Variable Message Sign Within A Residential District. 9. Resolution No. R19-70 A Resolution Granting A Variance From The y's g Qrdinance To Disregard The Bufferyard Requirement, Sight-Obscuring Fenc iremen n uilding Design Standards. 10. Resolution No. R19-71 A Resolution Authorizing The Awar of Gra From The Tax Increment Financing District Funds Pursuant To The LU Small Grant Request Program For Eligible Applicants And Improvements. � 11. Resolution No. R19-72 A resolution Approving a C ct Betwee he City Of Laurel And the Montana Department Of Justice Natural Resource am rogra 12. Resolution No. R19-73 A Resolution Approvi A as orizing Kadrmas, Lee & Jackson, INC. For Services Relating To The velop O sign Standards For Public Improvements. 13. Resolution No. R19-74 A Resolution Aroving A Task, der Authorizing Kadrmas, Lee & Jackson, INC. For Services Relating To The Assembling Of City Infrastructure Data Into A Single Source, Which Can Be Used To Track And Manage Assets. Items Removed From the Conse Benda Community Announcements ( 'ne- to Limit) This portion of the meeting is to provide an oppor for citizens to address the Council regarding community announcements. The duration for can indi ual spea under Community Announcements is limited to one minute. While all comments are welcome, the Council wi of take ction on any item not on the agenda. Council Discussion Council members may give ounci brief report regarding committees or groups in which they are involved. Mayor Upda Unschedu e a rs Adjournme The City makes so able accommodations for any known disability that may interfere with a person's ability to participate'n thi meeting. Persons needing accommodation must notify the City Clerk's Office to make needed arrangeme make your request known,please call 406-628-7431,Ext.2,or write to City Clerk,PO Box 10,Laurel, MT 59044,o resent your request at City Hall,115 West First Street,Laurel,Montana.