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HomeMy WebLinkAboutCity Council Packet 03.09.2021 AGENDA CITY OF LAUREL CITY COUNCIL MEETING TUESDAY, MARCH 09, 2021 6:30 PM COUNCIL CHAMBERS NEXT RES. NO. R21-14 NEXT ORD. NO. O21-02 WELCOME . . . By your presence in the City Council Chambers, you are participating in the process 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 community announcement not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an age nda item, 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. Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry concerning the nature of the item described on the agenda. Your City government welcomes your 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 February 23, 2021. Correspondence 2. Laurel Airport Authorotiy Minutes of January 26, 2021. Council Disclosure of Ex Parte Communications Public Hearing 3. Public Hearing On A Resolution Granting A Variance To The Minimum Lot Size Requirement For Property Located Within The City Of Laurel’s Community Commercial Zoning District For Property Located At 503 Fir Avenue/1313 E. Main Street, Within The City Of Laurel. 4. Public Hearing On A Resolution Approving Zone Changes For Block 7, Lots 3-11 Iron Horse Station Subdivision, Phase II, An Addition To The City Of Laurel. Consent Items 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 discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll call under one motion. 5. Claims entered through March 5, 2021. 6. Approval of Payroll Register for PPE 2/21/21 totaling $192,321.38. 7. Workshop Minutes November 19, 2019. 8. Workshop Minutes of July 7, 2020. 9. Workshop Minutes of July 21, 2020. Ceremonial Calendar 1 Reports of Boards and Commissions 10. Planning Board Minutes of February 17, 2021. 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 11. Appointment of Josh Anderson to the Laurel Police Reserves. 12. Resolution No. R21-14: A Resolution Declaring Certain City Property “Surplus” Available For Sale Or Trade To The Public Or Other Governmental Entities Or Vendors. 13. Resolution No. R21-15: A Resolution Granting A Variance To The Minimum Lot Size Requirement For Property Located Within The City Of Laurel’s Community Commercial Zoning District For Property Located At 503 Fir Avenue/1313 E. Main Street, Within The City Of Laurel. 14. Resolution No. R21-16: A Resolution Approving Zone Changes For Block 7, Lots 3-11 Iron Horse Station Subdivision, Phase II, An Addition To The City Of Laurel. 15. Resolution R21-17: A Resolution Of The City Council Approving A Task Order For KLJ Engineering Inc. To Authorize Work On The Water Storage Tank Roof Recoat Project For The City Of Laurel. Items Removed From the Consent Agenda Community Announcements (One-Minute Limit) This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While all comments are welcome, the Council will not take action on any item not on the agenda. Council Discussion Council members may give the City Council a brief report regarding committees or groups in which they are involved. Mayor Updates Unscheduled Matters Adjournment 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 Cl erk’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. DATES TO REMEMBER 2 File Attachments for Item: 1. Approval of Minutes of February 23, 2021. 3 Draft 4 Draft 5 Draft 6 Draft 7 Draft 8 Draft 9 Draft 1 0 Draft 1 1 Draft 1 2 Draft 1 3 Draft 1 4 Draft 1 5 Draft 1 6 Draft 1 7 Draft 1 8 Draft 1 9 Draft 2 0 Draft 2 1 Draft 2 2 Draft 2 3 Draft 2 4 Draft 2 5 Draft 2 6 Draft 2 7 Draft 2 8 Draft 2 9 Draft 3 0 File Attachments for Item: 2. Laurel Airport Authorotiy Minutes of January 26, 2021. 31 MINUTES LAUREL AIRPORT AUTHORITY BOARD MEETING Tuesday, January 26, 2021 A Laurel Airport Authority Board meeting was held in the Airport Pilot’s Lounge and called to order by Chairman Randy Hand at 19:00. BOARD MEMBERS PRESENT: ☐      Randy Hand, Chairman ☐      Brock Williams, Secretary ☐      Shane Linse ☐      Jim Swensgard ☐      Will Metz OTHERS PRESENT: Craig Canfield 1.General Items a.Previous minutes approved by unanimous consent b.Regular and recurring claims were approved by unanimous consent 2.Reports from KLJ a.Closeout report for pavement maintenance has been submitted but has not yet been processed by the FAA b.Craig provided a scope of work for a planning project to look at extending Runway 4/22, Taxiway A completion, Hangar Areas, bringing maps up to FAA standards, updating the Airport Layout Plan, etc. Cost is approximately $200,000. Motion to move forward with the planning project passed without dissent. 32 3.New Business a.Internet - still investigating making WiFi internet service available in the hangar areas. b.Chairman - Randy is looking to be done as Chairman at the end of his 2nd term in October. Discussion about delegation of tasks and how other board members can help more. We will have an occasional work session in addition to the regular monthly meeting for further planning. c.Fly-in - We are looking to host another fly-in this year. Going to check with MDT for any that are already scheduled so we can try to pick an open weekend, possibly mid-May to early June. 4.Old Business a.Gate - The gate is repaired. Will be programmed to be open during daylight hours 7 days a week. b.SRE Building - beam is getting ordered c.Beacon - new beacon has arrived, and installation will be coordinated. d.RMC - Will had a conversation with the program manager and a board member. They are not currently interested in moving but will keep us in mind. e.Heli Base - Will talked to the state coordinator and let him know we are open to having them back. 5.Public Input Citizens may address the board regarding any item of business not on the agenda. The duration for an individual speaking under Public Comment is limited to three minutes. While all comments are welcome, the board will not take action on any item not on the agenda. a.none received 6.Other Items none 33 7.Announcements a.none The meeting was adjourned at 21:20. Respectfully submitted, Brock Williams Secretary NOTE: This meeting is open to the public. This meeting is for information and discussion of listed agenda items. 34 File Attachments for Item: 7. Workshop Minutes November 19, 2019. 35 3 6 3 7 3 8 3 9 4 0 File Attachments for Item: 8. Workshop Minutes of July 7, 2020. 41 4 2 4 3 4 4 4 5 4 6 4 7 4 8 4 9 5 0 5 1 5 2 5 3 5 4 5 5 5 6 5 7 5 8 5 9 6 0 6 1 6 2 6 3 6 4 6 5 6 6 6 7 6 8 6 9 7 0 7 1 7 2 7 3 7 4 7 5 7 6 7 7 File Attachments for Item: 9. Workshop Minutes of July 21, 2020. 78 79 80 81 82 83 84 85 File Attachments for Item: 10. Planning Board Minutes of February 17, 2021. 86 MINUTES CITY OF LAUREL CITY/COUNTY PLANNING BOARD WEDNESDAY, FEBRUARY 17, 2021 5:35 PM CITY COUNCIL CHAMBERS Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee will not take action on any item not on the agenda. 1. Roll Call The chair called the meeting to order at 5:35PM Evan Bruce Roger Giese Jon Klasna Gavin Williams Dan Koch Judy Goldsby General Items 2. Approve Meeting Minutes: January 20, 2021 Dan Motioned to approve the minutes from January 20, 2021 Evan Seconded. Motion Carried. 3. Public Hearing: Variance Request for 503 Fir Ave Nick provided the staff report and findings for the Variance request for 503 Fir Ave/1313 E. Main Street. The Chair called for Proponents. Zene Johnson – 1908 9th Street West, Billings, 59102. Sister of former owner (passed). Patti (prior owner) previously had wanted to split the lot and spoke with the Planning Department about this item years ago. Brian, Patti’s son who inherited the property and his wife have two special needs children. Brian has to spend a lot of time with the children would like to split the lot because he does not want to be a landlord and manage a rental property. The parcel would then be put into the hands of someone able to take care of it. This would allow an owner who is somebody who could appreciate it. Judy: The owner lives at the 1313 E. Main house? • Yes he does. The Chair called for Proponents. The Chair called for Proponents. The Chair Called for Opponents. 87 The Planning Director provided emails from two nearby property owners who object to the variance due to worries about a commercial dog kennel being established on the new lot. The Planning Director explained that these concerns are valid but any commercial kennel would need to go through the Special Review process at Planning Board and Council and would face questioning on its impacts to the neighborhood. The Chair Called for Opponents. The Chair Called for Opponents. Mike, the son of applicant Zene Johnson owns the dogs in question. He plans to move the dogs off premises once the variance request is approved. They have gone through permitting the dogs at the 503 Fir Ave house for now. Mike and his wife are temporarily living at the 503 Fir Ave home in order to remodel the house. Will move out once the variance takes place and the house is rehabilitated. Mike and his wife and dogs will be moving out ASAP. Evan: Parking for both residences? There is a garage attached to the 1313 E. Main St. home. Curb cut exists for 503 Fir Ave. Dan: Would the second lot be buildable? It already has an existing home that is being renovated. Judy provided background as to the 503 Fir Ave house that was previously used as a glass shop. Gavin Motioned to approve the variance with the conditions presented by the Planning Director and additional motion noted on the attached staff report. Dan Seconded. Motion Carried. The Chair closed the Public Hearing. 4. Public Hearing: Zone Change Request for Lots within the Iron Horse Station Subdivision Nick provided the summary of the situation for Planning Board. Nick provided answers to questions about access and density changes, details about the change. Jon: What will the parking situation be like? Most likely will be on-lot, similar to the duplexes. Members discussed access needs for the abandonment of Short Line Drive. Discussion of the adjacent right of way. The Chair called for Proponents. The Chair called for Proponents. The Chair called for Proponents. The Chair called for Opponents. Wilton Olson. Concerned about the density of the new houses as well as the closed nature of the agreement between the developer. Questioned the Planning Director’s statement of agreeing with more density within the subdivision and that area of the city. 88 The Chair called for Opponents. The Chair called for Opponents. Gavin motioned to approve the Zone Change for Iron Horse Station Subdivision as presented. Jon Seconded. Motion Carried. New Business 5. Sign Review: Sunlight Properties Members reviewed the design for the Sunlight Properties sign. Nick provided a color image version of the black and white image provided in the packet. Gavin motioned to approve the Sunlight Properties sign as designed and presented. Evan Seconded. Motion Carried. Old Business Other Items 6. Ongoing Projects Nick provided some details on ongoing projects within Laurel and its Planning and Zoning jurisdiction.  Cherry Hills 3rd Filing  Goldberg Sporting Estates  Dyer PUD – 8th Street  8th Avenue  Burger King Lot  Zoning Code Update  Zoning Jurisdiction Expansion Evan suggested that a new zoning code update include language banning certain refrigerants in new construction. Dan Wells – Regal Community Park? No updates on the situation yet. Nick will follow-up with Dan Wells Announcements 7. Adjourn Meeting The Chair adjourned the Meeting at 6:43PM. 8. Next Meeting: March 17, 2021 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. DATES TO REMEMBER 89 File Attachments for Item: 11. Appointment of Josh Anderson to the Laurel Police Reserves. 90 Mr. Mayor and members of the Council, I would request that Joshua Anderson be appointed to the Laurel Police Reserves. Joshua has successfully completed the preliminary standards testing, and successfully passed an oral interview and background check. Joshua has been very enthusiastic about becoming a Reserve Officer. He is currently employed with the Yellowstone County Sheriff's Office as a Detention Officer. Upon Joshua's graduation and swearing in we, will have 14 Reserve Officers. Respectfully, Chief Langve 215 W. 1st Street Laurel, MT 59044 ▪ Phone 406-628-8737 ▪ Fax 406-628-4641 Chief of Police Stan Langve 91 File Attachments for Item: 12. Resolution No. R21-14: A Resolution Declaring Certain City Property “Surplus” Available For Sale Or Trade To The Public Or Other Governmental Entities Or Vendors. 92 R21-14 City Surplus Property RESOLUTION NO. R21-14 A RESOLUTION DECLARING CERTAIN CITY PROPERTY “SURPLUS” AVAILABLE FOR SALE OR TRADE TO THE PUBLIC OR OTHER GOVERNMENTAL ENTITIES OR VENDORS. WHEREAS, the City of Laurel has inventoried equipment and other items that are no longer of use to the city; and WHEREAS, in accordance with MCA §7-8-420(1), the council has the authority to sell or otherwise dispose of the property by declaring them surplus; and WHEREAS, these surplus items shall be offered to the public for sale or utilized by the city for purposes of trade or sale to obtain new equipment or property for use by the city. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana: 1. That the city council declares the property included on the attached Memorandum “surplus property” pursuant to Montana law; and 2. The Mayor and City Staff are authorized to dispose of the surplus property through public sale or trade with any governmental entity or group in order to obtain new property for city use. Introduced at a regular meeting of the City Council on March 9, 2021, by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel this 9th day of March 2021. APPROVED by the Mayor this 9th day of March 2021. CITY OF LAUREL ___________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney 93 C I T Y O F L A U R E L MONTANA EMERGENCY MEDICAL SERVICES 215 W 1ST ST LAUREL, MONTANA – 59044 OFFICE: (406) 628 – 1611 | DISPATCH: (406) 628 - 8737 Mayor and City Council, Since receiving the new Power Loader and Power Cots for both ambulances, our old cots are no longer usable. In the event a cot in the ambulance breaks, we are unable to use these as a back up because they are different systems and not compatible. I would like to try to find a service that would be interested in purchasing our old cots, or if possible, trading them for other equipment that we need. The two cots that that we would like to dispose of are: -Ferno iNX Intelligent Transport Loading System (175) with battery and chargers -Item # 0015802 -Ferno power X1 cot, with a bettery -Serial #18F003950 Please let me know if I can provide any other information or answer any questions. Thank you, Lyndy Gurchiek, NRP, Director Laurel EMS 215 W 1st Street Laurel, MT 591044 lgurchiek@laurel.mt.gov 406-860-8233 94 File Attachments for Item: 13. Resolution No. R21-15: A Resolution Granting A Variance To The Minimum Lot Size Requirement For Property Located Within The City Of Laurel’s Community Commercial Zoning District For Property Located At 503 Fir Avenue/1313 E. Main Street, Within The City Of Laurel. 95 R21-15 Variance Lot Size Property 503 Fir Avenue and 1313 Main Street RESOLUTION NO. R21-15 A RESOLUTION GRANTING A VARIANCE TO THE MINIMUM LOT SIZE REQUIREMENT FOR PROPERTY LOCATED WITHIN THE CITY OF LAUREL’S COMMUNITY COMMERCIAL ZONING DISTRICT FOR PROPERTY LOCATED AT 503 FIR AVENUE/1313 E. MAIN STREET, WITHIN THE CITY OF LAUREL. WHEREAS, the current owner of property located at 503 Fir Avenue/1313 E. Main Street, Laurel, Montana, seeks a variance from the 6000 square feet minimum lot size requirement for single family homes located within the Community Commercial Zoning District as provided in the Laurel Municipal Code (“LMC”) 17.16.020; and WHEREAS, the property owner has two single family homes constructed on one lot that is 10,593 square feet in size, who desires to split the lot into two separate lots in order to rehabilitate and sell one of the homes currently utilized as a rental home; and WHEREAS, the property owner’s current lot cannot be split into two separate lots due to the size requirement contained in the City’s Zoning Ordinance and as a consequence, the property owner must first obtain a variance from the City Council prior to splitting his one lot into two separate lots; and WHEREAS, the Laurel City-County Planning Board acting as the City’s Zoning Commission held a public hearing on the variance application on February 17, 2021 at 5:35 pm. The Zoning Commission received two public comments submitted in writing in opposition to the request, and no comments in support of the requested variance other than the son of the applicant; and WHEREAS, the Zoning Commission’s record and decision is contained in the City-County Planning Board meeting minutes which are incorporated as part of this resolution as well as all documents submitted into the record by the applicant and City’s Planning Director; and WHEREAS, the Zoning Commission considered all of the documentary evidence in the record, City Staff recommendation, and the public comments presented at the public hearing, and recommends the City Council approve the requested variance subject to the conditions recommended by the City Staff; and WHEREAS, the City Council held a public hearing concerning this matter on March 9, 2021. WHEREAS, based on the evidence contained in the record, including the Zoning Commission’s 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 allow and approve the requested 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. granting the variance will not injure or result in an injustice to others. NOW THEREFORE, BE IT RESOLVED that the property owner’s variance request is hereby approved for the property located at 503 Fir Avenue/1313 E. Main Street, Laurel, Montana, as requested and described in the application and the City Council Record; and 96 R21-15 Variance Lot Size Property 503 Fir Avenue and 1313 Main Street BE IT FURTHER RESOLVED, the approval is subject to the following conditions: 1. Division of the lots of 503 Fir Ave and 1313 E. Main Street will be filed within six (6) months of variance approval. 2. Lots shall be maintained in good condition. 3. All applicable permits and approvals for construction, driveway accesses, and other ingress and egress points shall be applied for. 4. No residential or commercial uses shall take place on the subject properties that are in violation of Chapter 17 of the Laurel Municipal Code. 5. No commercial kennel or other pet-related enterprise shall be established on the parcel. Introduced at a regular meeting of the City Council on March 9, 2021 by Council Member _________________. PASSED and APPROVED by the City Council of the City of Laurel, Montana this 9th day of March 2021. APPROVED BY THE MAYOR this 9th day of March, 2021. CITY OF LAUREL _____________________________ Thomas C Nelson, Mayor ATTEST: ________________________________ Bethany Langve, Clerk/Treasurer APPROVED AS TO FORM: ________________________________ Sam S. Painter, Civil City Attorney 97 MINUTES CITY OF LAUREL CITY/COUNTY PLANNING BOARD WEDNESDAY, FEBRUARY 17, 2021 5:35 PM CITY COUNCIL CHAMBERS Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee will not take action on any item not on the agenda. 1. Roll Call The chair called the meeting to order at 5:35PM Evan Bruce Roger Giese Jon Klasna Gavin Williams Dan Koch Judy Goldsby General Items 2. Approve Meeting Minutes: January 20, 2021 Dan Motioned to approve the minutes from January 20, 2021 Evan Seconded. Motion Carried. 3. Public Hearing: Variance Request for 503 Fir Ave Nick provided the staff report and findings for the Variance request for 503 Fir Ave/1313 E. Main Street. The Chair called for Proponents. Zene Johnson – 1908 9th Street West, Billings, 59102. Sister of former owner (passed). Patti (prior owner) previously had wanted to split the lot and spoke with the Planning Department about this item years ago. Brian, Patti’s son who inherited the property and his wife have two special needs children. Brian has to spend a lot of time with the children would like to split the lot because he does not want to be a landlord and manage a rental property. The parcel would then be put into the hands of someone able to take care of it. This would allow an owner who is somebody who could appreciate it. Judy: The owner lives at the 1313 E. Main house? • Yes he does. The Chair called for Proponents. The Chair called for Proponents. The Chair Called for Opponents. 98 The Planning Director provided emails from two nearby property owners who object to the variance due to worries about a commercial dog kennel being established on the new lot. The Planning Director explained that these concerns are valid but any commercial kennel would need to go through the Special Review process at Planning Board and Council and would face questioning on its impacts to the neighborhood. The Chair Called for Opponents. The Chair Called for Opponents. Mike, the son of applicant Zene Johnson owns the dogs in question. He plans to move the dogs off premises once the variance request is approved. They have gone through permitting the dogs at the 503 Fir Ave house for now. Mike and his wife are temporarily living at the 503 Fir Ave home in order to remodel the house. Will move out once the variance takes place and the house is rehabilitated. Mike and his wife and dogs will be moving out ASAP. Evan: Parking for both residences? There is a garage attached to the 1313 E. Main St. home. Curb cut exists for 503 Fir Ave. Dan: Would the second lot be buildable? It already has an existing home that is being renovated. Judy provided background as to the 503 Fir Ave house that was previously used as a glass shop. Gavin Motioned to approve the variance with the conditions presented by the Planning Director and additional motion noted on the attached staff report. Dan Seconded. Motion Carried. The Chair closed the Public Hearing. 4. Public Hearing: Zone Change Request for Lots within the Iron Horse Station Subdivision Nick provided the summary of the situation for Planning Board. Nick provided answers to questions about access and density changes, details about the change. Jon: What will the parking situation be like? Most likely will be on-lot, similar to the duplexes. Members discussed access needs for the abandonment of Short Line Drive. Discussion of the adjacent right of way. The Chair called for Proponents. The Chair called for Proponents. The Chair called for Proponents. The Chair called for Opponents. Wilton Olson. Concerned about the density of the new houses as well as the closed nature of the agreement between the developer. Questioned the Planning Director’s statement of agreeing with more density within the subdivision and that area of the city. 99 The Chair called for Opponents. The Chair called for Opponents. Gavin motioned to approve the Zone Change for Iron Horse Station Subdivision as presented. Jon Seconded. Motion Carried. New Business 5. Sign Review: Sunlight Properties Members reviewed the design for the Sunlight Properties sign. Nick provided a color image version of the black and white image provided in the packet. Gavin motioned to approve the Sunlight Properties sign as designed and presented. Evan Seconded. Motion Carried. Old Business Other Items 6. Ongoing Projects Nick provided some details on ongoing projects within Laurel and its Planning and Zoning jurisdiction.  Cherry Hills 3rd Filing  Goldberg Sporting Estates  Dyer PUD – 8th Street  8th Avenue  Burger King Lot  Zoning Code Update  Zoning Jurisdiction Expansion Evan suggested that a new zoning code update include language banning certain refrigerants in new construction. Dan Wells – Regal Community Park? No updates on the situation yet. Nick will follow-up with Dan Wells Announcements 7. Adjourn Meeting The Chair adjourned the Meeting at 6:43PM. 8. Next Meeting: March 17, 2021 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. DATES TO REMEMBER 100 1 LAUREL CITY-COUNTY PLANNING DEPARTMENT STAFF REPORT TO: Laurel City-County Planning Board FROM: Nicholas Altonaga, Planning Director RE: Johnson Variance Request for 503 Fir Ave DATE: February 12, 2021O N/LOCATION: DESCRIPTION OF REQUEST A variance to the Laurel Municipal Code was requested by Zene Johnson on behalf of Brian Johnson for 503 Fir Avenue/ 1313 E. Main Street. The variance application form and justification letter were submitted on January 22, 2021. The variance requested pertains to the minimum lot size requirement for a single dwelling unit on an individual lot. 503 Fir Avenue/ 1313 E. Main Street contains two detached single-family dwellings. The Applicant would like to split the lot and sell one of the parcels, due to a lack of time and ability to maintain the second unit as a rental. The property is located within the Community Commercial (CC) zoning district. Single and two- family residences in the Community Commercial district follow the requirements of the Residential Limited Multi-Family district. A variance is required because the lots would not conform to the requirements of RLMF zoning. The district requires a minimum of 6,000sqft for a single dwelling unit. The lot is currently 10,593sqft, which is not enough area to accommodate two legal lots. Owner: Brian R. Johnson Legal Description: NUTTING SUBD, S10, T02 S, R24 E, BLOCK 14, Lot 10 - 12, LESS 198' FOR TURN LANE (07) Address: 503 Fir Ave/1313 E. Main Street Parcel Size: 10,593 sqft Existing Land Use: Two Single Family Dwellings Proposed Land Use: Two Single Family Dwellings (separation of parcels) Existing Zoning: Community Commercial 101 2 BACKGROUND AND PROCEDURAL HISTORY • The Planning Director met with the Applicant in the Summer and Autumn of 2020 to discuss the situation and available options. • Variance Application submitted on January 22, 2021. • A Public Hearing is scheduled at the February 17, 2021 Planning Board meeting to receive public comment and vote on recommendations to be provided to City Council. • A Public Hearing is scheduled at the City Council meeting on March 9, 2021 to receive public comment and approve, approve with conditions, or deny the variance requests. LOCATION: STAFF FINDINGS The Applicant is requesting a variance to Table LMC 17.16.020 which presents the zoning requirements for Residential districts. The RLMF zoning jurisdiction (which the CC district uses as the requirements for one and two-family dwellings) requires a minimum of 6,000sqft for a single dwelling unit. The Applicant seeks to split the property, creating two lots each with a single-family home.  The Applicant has provided a justification letter regarding the Variance request.  Parcel contains two single-family dwellings on a 10,593sqft lot.  The current owner would like to split the lots and sell 503 Fir Avenue to someone who can provide proper attention and care to the property.  The current owner of the parcel does not have the time and ability to maintain both dwelling units due to family obligations.  Dividing the lot would create two lots that are approximately 5,296sqft in size.  This lot size is roughly equivalent to many lots in the neighboring area.  The property deeded approximately 200sqft of the lot to the Montana Department of Transportation in 2006 for additional right-of-way.  The public noticing requirements have been met. PLANNING BOARD AND GOVERNING BODY REVIEW CRITERIA The City-County Planning Board shall act as a zoning commission in order to recommend the boundaries of the various districts and appropriate regulations to be enforced. 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: 102 3 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. RECOMMENDATIONS The Planning Director recommends that the Planning Board approve the variance request. The Planning Director has prepared drafted conditions of approval which are presented below. 1. Division of the lots of 503 Fir Ave and 1313 E. Main Street will be filed within six (6) months of variance approval. 2. Lots shall be maintained in good condition. 3. All applicable permits and approvals for construction, driveway accesses, and other ingress and egress points shall be applied for. 4. No residential or commercial uses shall take place on the subject properties that are in violation of Chapter 17 of the Laurel Municipal Code. 5. No commercial kennel or other pet-related enterprise shall be established on the parcel. ATTACHMENTS 1. Variance Application 2. Justification Letter 3. Concept Plan for lot division 4. Overhead map with 300ft buffer 5. List of adjacent property owners 6. Public hearing notice 7. Bargain and Sale Deed (MDT) 8. LMC 17.16 – Residential Districts 9. LMC 17.20 – Commercial – Industrial Use Regulations 103 1 0 4 1 0 5 1 0 6 107 MONTANA RAIL LINK D13144C PO BOX 16624 MISSOULA, MT 59808-6624 MONTANA RAIL LINK D13144C PO BOX 16624 MISSOULA, MT 59808-6624 MONTANA RAIL LINK D13144C PO BOX 16624 MISSOULA, MT 59808-6624 THIEL, LARRY V TRUSTEE B00855 1328 RIDGE DR LAUREL, MT 59044-1816 THIEL, LARRY V TRUSTEE B00855 1328 RIDGE DR LAUREL, MT 59044-1816 THIEL, LARRY V TRUSTEE B00855 1328 RIDGE DR LAUREL, MT 59044-1816 HINES, MICHAEL J B00854 504 FIR AVE LAUREL, MT 59044 HINES, MICHAEL J B00854 504 FIR AVE LAUREL, MT 59044 HINES, MICHAEL J B00854 504 FIR AVE LAUREL, MT 59044 ROMEE, MICHAEL P & JUDY ANN B00853 619 E 5TH ST LAUREL, MT 59044-2710 ROMEE, MICHAEL P & JUDY ANN B00853 619 E 5TH ST LAUREL, MT 59044-2710 ROMEE, MICHAEL P & JUDY ANN B00853 619 E 5TH ST LAUREL, MT 59044-2710 ATKINSON, RITA R B00852 510 FIR AVE LAUREL, MT 59044 ATKINSON, RITA R B00852 510 FIR AVE LAUREL, MT 59044 ATKINSON, RITA R B00852 510 FIR AVE LAUREL, MT 59044 BUREAU, RONALD W & DARLA J B00851 518 FIR AVE LAUREL, MT 59044 BUREAU, RONALD W & DARLA J B00851 518 FIR AVE LAUREL, MT 59044 BUREAU, RONALD W & DARLA J B00851 518 FIR AVE LAUREL, MT 59044 FRANK, TANCY B00850 8522 DANFORD RD LAUREL, MT 59044-8317 FRANK, TANCY B00850 8522 DANFORD RD LAUREL, MT 59044-8317 FRANK, TANCY B00850 8522 DANFORD RD LAUREL, MT 59044-8317 SMITH, BRAD M B00849 524 FIR AVE LAUREL, MT 59044 SMITH, BRAD M B00849 524 FIR AVE LAUREL, MT 59044 SMITH, BRAD M B00849 524 FIR AVE LAUREL, MT 59044 MEISNER, GLEN ALAN B00862 523 ELM AVE LAUREL, MT 59044 MEISNER, GLEN ALAN B00862 523 ELM AVE LAUREL, MT 59044 MEISNER, GLEN ALAN B00862 523 ELM AVE LAUREL, MT 59044 108 GIERKE, GUY W B00861 519 ELM AVE LAUREL, MT 59044 GIERKE, GUY W B00861 519 ELM AVE LAUREL, MT 59044 GIERKE, GUY W B00861 519 ELM AVE LAUREL, MT 59044 YODER, JOHN ARLEN B00860 513 ELM AVE LAUREL, MT 59044 YODER, JOHN ARLEN B00860 513 ELM AVE LAUREL, MT 59044 YODER, JOHN ARLEN B00860 513 ELM AVE LAUREL, MT 59044 FOSTER, JEREMY B00859 509 ELM AVE LAUREL, MT 59044 FOSTER, JEREMY B00859 509 ELM AVE LAUREL, MT 59044 FOSTER, JEREMY B00859 509 ELM AVE LAUREL, MT 59044 STEINMASEL, TERRY A & TRACY B00858 B00857 519 W 11TH ST LAUREL, MT 59044 STEINMASEL, TERRY A & TRACY B00858 B00857 519 W 11TH ST LAUREL, MT 59044 STEINMASEL, TERRY A & TRACY B00858 B00857 519 W 11TH ST LAUREL, MT 59044 FIECHTNER, BRIAN K B00856 4215 HILLCREST RD BILLINGS, MT 59101 FIECHTNER, BRIAN K B00856 4215 HILLCREST RD BILLINGS, MT 59101 FIECHTNER, BRIAN K B00856 4215 HILLCREST RD BILLINGS, MT 59101 SUMMERS, DIANE MARIE & DELORES SCHIED B00866 B00865 2202 WILLOWBROOK WAY BILLINGS, MT 59102-2880 SUMMERS, DIANE MARIE & DELORES SCHIED B00866 B00865 2202 WILLOWBROOK WAY BILLINGS, MT 59102-2880 SUMMERS, DIANE MARIE & DELORES SCHIED B00866 B00865 2202 WILLOWBROOK WAY BILLINGS, MT 59102-2880 TINNES FAMILY TRUST B00864 7974 ROBIN RD PARKER, CO 80138 TINNES FAMILY TRUST B00864 7974 ROBIN RD PARKER, CO 80138 TINNES FAMILY TRUST B00864 7974 ROBIN RD PARKER, CO 80138 PAUL, JAMES J & RIKKI B00863 7263 FOLSOM RD BILLINGS, MT 59106-2536 PAUL, JAMES J & RIKKI B00863 7263 FOLSOM RD BILLINGS, MT 59106-2536 PAUL, JAMES J & RIKKI B00863 7263 FOLSOM RD BILLINGS, MT 59106-2536 GEORGE, MIKE R & STEPHANIE A B00871 1304 E 6TH ST LAUREL, MT 59044 GEORGE, MIKE R & STEPHANIE A B00871 1304 E 6TH ST LAUREL, MT 59044 GEORGE, MIKE R & STEPHANIE A B00871 1304 E 6TH ST LAUREL, MT 59044 HOLYCROSS, DAVID A & FLORENCE B00870 801 E 4TH ST LAUREL, MT 59044-2801 HOLYCROSS, DAVID A & FLORENCE B00870 801 E 4TH ST LAUREL, MT 59044-2801 HOLYCROSS, DAVID A & FLORENCE B00870 801 E 4TH ST LAUREL, MT 59044-2801 109 THURMAN, MITCHELL R B00869 515 FIR AVE LAUREL, MT 59044 THURMAN, MITCHELL R B00869 515 FIR AVE LAUREL, MT 59044 THURMAN, MITCHELL R B00869 515 FIR AVE LAUREL, MT 59044 GORDON, VIRGINIA F B00868 509 FIR AVE LAUREL, MT 59044 GORDON, VIRGINIA F B00868 509 FIR AVE LAUREL, MT 59044 GORDON, VIRGINIA F B00868 509 FIR AVE LAUREL, MT 59044 JOHNSON, BRIAN RICHARD B00867 503 FIR AVE LAUREL, MT 59044 JOHNSON, BRIAN RICHARD B00867 503 FIR AVE LAUREL, MT 59044 JOHNSON, BRIAN RICHARD B00867 503 FIR AVE LAUREL, MT 59044 ARROYO SECO GROUP INC & B00873 7308 EL NIDO LA VERNE, CA 91750-1127 ARROYO SECO GROUP INC & B00873 7308 EL NIDO LA VERNE, CA 91750-1127 ARROYO SECO GROUP INC & B00873 7308 EL NIDO LA VERNE, CA 91750-1127 FRANCO, CAROL B00874 1404 E 6TH ST LAUREL, MT 59044 FRANCO, CAROL B00874 1404 E 6TH ST LAUREL, MT 59044 FRANCO, CAROL B00874 1404 E 6TH ST LAUREL, MT 59044 PROPRIEDAD LLC B00774 PO BOX 20853 BILLINGS, MT 59104-0853 PROPRIEDAD LLC B00774 PO BOX 20853 BILLINGS, MT 59104-0853 PROPRIEDAD LLC B00774 PO BOX 20853 BILLINGS, MT 59104-0853 RATCLIFF, RANDALL C & RANA B00773 1003415 2807 LYNDALE LN BILLINGS, MT 59102-1439 RATCLIFF, RANDALL C & RANA B00773 1003415 2807 LYNDALE LN BILLINGS, MT 59102-1439 RATCLIFF, RANDALL C & RANA B00773 1003415 2807 LYNDALE LN BILLINGS, MT 59102-1439 STOEBE, ROBIN RODNEY 1003055 4206 WATERFORD DR BILLINGS, MT 59106-1723 STOEBE, ROBIN RODNEY 1003055 4206 WATERFORD DR BILLINGS, MT 59106-1723 STOEBE, ROBIN RODNEY 1003055 4206 WATERFORD DR BILLINGS, MT 59106-1723 110 PUBLIC HEARING NOTICE The Laurel City-County Planning Board and Zoning Commission will conduct a public hearing on a variance application submitted by Zene Johnson regarding the property at 503 Fir Ave for lot coverage requirements. The Zoning Commission hearing is scheduled for 5:35 P.M., in the City Council Chambers at City Hall, 115 West 1st Street, Laurel, Montana, on Wednesday, February 17th, 2021. Additionally, the City Council has scheduled a public hearing for the consideration of the variance request. The City Council hearing is scheduled for 6:30 P.M., in the City Council Chambers at City Hall, 115 West 1st Street, Laurel, Montana, on Tuesday, March 9th, 2021. The applicant seeks to split the parcel at 503 Fir Avenue into two parcels. The lot is 10,953 square feet in size. This property is zoned Community Commercial (CC). The Community Commercial zoning district requires a minimum lot size of 6,000 square feet. The splitting of the lot into two parcels would create a nonconforming lot and is not allowable. The applicant requires a variance approval by the Laurel City Council to have a lot which conforms to Laurel City Code. It is 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 a literal enforcement of the provisions of the ordinances or regulations will result in unnecessary hardship. Public comment is encouraged and can be provided in person at the public hearings on February 17th and March 9th. Public comment can also be made via email to the Planning Director, or via letter to the Planning Department office at 115 West 1st Street Laurel, MT 59044. A copy of the variance application and supporting documentation is available for review upon request at the Planning Department office. Questions regarding this public hearing may be directed to the Planning Director at 628.4796 ext. 5302, or via email at cityplanner@laurel.mt.gov. 111 112 113 114 17.16.020 - Zoning classified in districts. Zoning for residential districts is classified in and subject to the requirements of Table 17.16.020. Table 17.16.020 Zoning Requirements R 7,500 R 6,000 RLMF RMF RMH PUD SR RT Minimum lot area per dwelling unit in square feet One unit 7,500 6,000 6,0001 6,0001 6,0003 See 5 acres 1 acre Two units 7,500 7,500 7,750 Chapter Three units 8,500 8,500 9,500 17.32 Four units 10,000 11,250 Five units 13,000 Six units or more Add 2,500 each additional unit Minimum yard – setback requirements (expressed in feet) and measured from public right-of-way Front 20 20 20 20 10 255 25 Side 5 54 54 54 5 55 5 Side adjacent to street 20 20 20 20 20 105 10 Rear 5 5 5 5 5 255 25 Maximum height for all buildings 30 35 35 40 30 30 30 Maximum lot coverage (percentage) 30 30 40 45 40 15 30 Minimum district size (expressed in acres) 2.07 2.07 2.07 2.07 2.07 20 5 1 Row housing may be permitted to be constructed on 3,000 square foot lots if approved through the special review process. 2 NA means not applicable 3 The requirements for the mobile homes contained herein relate only to a mobile home subdivision; see Chapter 17.44 of this code for the requirements for a mobile home park. 4 Zero side setbacks may be permitted if approved through the special review process. 5 All pens, coops, barns, stables, or permanent corrals shall be set back not less than 50 feet from any residence, public road, or water course, and any property line. 115 17.20.020 - Zoning classified in districts. Zoning for commercial — industrial use is classified in and subject to the requirements of Table 17.20.020. (Prior code § 17.32.020) (Ord. No. O-14-03,8-5-2014) Zoning Requirements A RP* NC* CBD* CC* HC LI HI P Lot area requirements in square feet, except as noted, 20 acres 20 acres NA NA NA NA NA NA NA NA Minimum yard requirements: Front (a) NA 20 20 NA 20 20 20 20 20 Side (b) 0 0 0 0 0 0 0 Side adjacent to street 10 10 10 10 10 10 10 Rear (b) 0 0 0 0 0 0 0 Maximum height for all buildings (c) NA 25 25 NA 25 45 70 NA NA Maximum lot coverage in percent NA 50 50 NA 50 75 75 75 50 Minimum district size (expressed in acres) 20 acres 2.07 2.07 2.07 2.07 2.07 2.07 2.07 NA (NA means not applicable) *The lot area, yard and lot coverage requirements for 1 and 2 single family dwellings in commercial zoning districts shall be the same as those in the RLMF residential zoning district. (a) Arterial setbacks (b) Side and rear yards (c) Except as provided in the airport zone 116 1 Laurel City Planner From:RITA ATKINSON <ritarose71@msn.com> Sent:Sunday, February 14, 2021 7:30 PM To:Laurel City Planner Subject:Fw: Variance application for 503 Fir From: RITA ATKINSON Sent: Sunday, February 14, 2021 7:20 PM To: cityplanner@laurel.my.gov <cityplanner@laurel.my.gov> Subject: Variance application for 503 Fir I live at 510 Fir, across the street from this address. Although it has been zoned commercial for decades, I can see no reason for this variance. There are 2 residences on this lot. Exactly what commercial enterprise would be situated here? At the moment, there are 3 cars on what once was a lawn and 1 on the street that haven't moved in months. The small back yard is being used by large dogs that I believe is a breeding operation for a mix of Great Danes and German Shepards. There is usually between 4 to 8 large dogs and this fall also 3 puppies. There is now more chain link kennels and a shed in the back. The police have been called on these dogs numerous times for incessant barking and once for what appeared to be a deceased dog in the yard. The only thing that has changed since these calls are that the dogs are more restricted for space. If the variance is permitted, the lot gets even smaller. Having had German Shepards all of my life, this whole situation is so unfair to those dogs that I have considered calling the Humane Society and having them check to see if this breeding operation was reported in Nevada before it moved here to our neighborhood where everyone has a dog or even two, but they are never treated like this. Decades ago, when the back building was a glass shop, there was only one residence there and I do understand that when the shop was converted to a house, the commercial zoning was probably g randfathered in but at this point in time, it has created a hardship for everyone in this whole neighborhood. We have residents that work at night, but the dogs bark at all different times of the day and well into the evening. Sometimes they are quiet for hours and sometimes they bark for hours. I have always thought that in the city of Laurel, you could only have 3 dogs unless you have a kennel license. After all the calls to the police, and nothing being done about the number of dogs at that residence, is it being allowed for that reason? And if the parcel is split, can they double the amount of dogs and cars on the lawn?? If it were allowed, the parcel should go back to residential, there is no reason to have a commercial business on that lot. For this reason not only am I opposed to this variance, but vehemently opposed to this variance. Sincerely, Rita Atkinson 510 Fir Laurel, Mont. 117 1 Laurel City Planner From:Ron Bureau <RDBU1003@msn.com> Sent:Sunday, February 7, 2021 1:19 PM To:Laurel City Planner Subject:Public hearing 503 Fir Ave. Hello, My husband and I are concerned with the idea of 503 Fir Ave being split into a nonconforming lot. We have lived at 518 Fir Ave for 26 years. Our concern is, if allowing the variance change to occur, will this permit the current residents to establish a commercial dog kennel. This property does not conform to the zoning district requirements. The splitting of the lot into two lots will create, as the City had pointed out, a non-conforming lot and is not allowable. We have no problem with the splitting of lot as long the variance states these lots are to be residential rather than commercial. Some of our neighbors as well as us have called the Laurel Police due to the constant noise from all the barking dogs. The barking goes on for hours at a time, literally all day and night. This being a residential area, will affect all residences within a two-block area if not more. At one point, Laure l had a City Ordinance that permitted no more than 3 dogs permitted at any one residence. 503 Fir Ave currently has approximately 10-11 dogs (that we have counted on a few occasions. The dogs are Great Dane and German Shepards). The barking is an annoyance for the current and future residents on Fir Ave to have to deal with. Please decline the request for the variance change as stated in the notice to 503 Fir Ave. Thank you. Sincerely, Ronald and Darla Bureau 518 Fir Ave Get Outlook for Android 118 File Attachments for Item: 14. Resolution No. R21-16: A Resolution Approving Zone Changes For Block 7, Lots 3-11 Iron Horse Station Subdivision, Phase II, An Addition To The City Of Laurel. 119 R21-16 Zone Changes to Block 7, Lots 3-11, Iron Horse Station Subdivision, Phase II RESOLUTION NO. R21-16 A RESOLUTION APPROVING ZONE CHANGES FOR BLOCK 7, LOTS 3-11 IRON HORSE STATION SUBDIVISION, PHASE II, AN ADDITION TO THE CITY OF LAUREL. WHEREAS, zone changes have been requested in the current zoning designation by the owner/developer of the herein described property that has been annexed into the City of Laurel; and WHEREAS, the requested zone changes are as follows: Block 7, Lots 3-11 shall be changed to Residential Multi-Family (RMF) while the current zoning for the remaining property shall remain unchanged; and WHEREAS, it is in the best interests of the residents of the City of Laurel to adopt this resolution thereby approving the proposed zoning changes to provide for an expanded, uniform, and orderly growth for the City; and WHEREAS, a public hearing was held by the City’s Zoning Commission and the City Council and based on the evidence presented at the Public Hearings and documents submitted by Staff, the City Council has determined the requested zone changes are in the City’s best interest as detailed in the City Records which are attached hereto and incorporated herein; and WHEREAS, the City Council hereby adopts the findings contained in the Zoning Commission Record as well as all items in the Council Record. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the zone changes requested by the property owner are hereby approved for Iron Horse Station Subdivision, Phase II as follows: Block 7, Lots 3-11 shall be changed to Residential Multi-Family (RMF) while the current zoning for the remaining property shall remain unchanged. Introduced at a regular meeting of the City Council on March 9, 2021, by Council Member _____________________. PASSED and APPROVED by the City Council of the City of Laurel this 9th day of March 2021. APPROVED by the Mayor this 9th day of March 2021. CITY OF LAUREL ___________________________ 120 R21-16 Zone Changes to Block 7, Lots 3-11, Iron Horse Station Subdivision, Phase II Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer Approved as to form: ______________________________ Sam S. Painter, Civil City Attorney 121 1 LAUREL CITY-COUNTY PLANNING DEPARTMENT STAFF REPORT TO: Laurel City-County Planning Board and Zoning Commission FROM: Nicholas Altonaga, Planning Director RE: Iron Horse Station Subdivision Zone Change DATE: February 12, 2021O N/LOCATION: DESCRIPTION OF REQUEST The owner/develop of Iron Horse Station Subdivision has requested a zone change for a portion of the subdivision known as “Phase Two.” The area requested for a zone change includes Lots 3-11, Block 7, of Phase Two of the Iron Horse Station Subdivision. This zone change was included in a settlement agreement made between the owner/developer of Iron Horse Station Subdivision and the City of Laurel. The owner/developer requests that Lots 3-11, Block 7 of the Iron Horse Station Subdivision be rezoned from Residential-6000 to Residential Multi-Family (RMF). This Zone Change is required as per the settlement agreement made between the Owner/Developer of Iron Horse Station Subdivision and the City of Laurel. Owner: Iron Horse Station LLC Legal Description: IRON HORSE STATION SUB, S09, T02 S, R24 E, BLOCK 7, Lot 3-10, (06) Address: 1110 Great Northern Road Parcel Size: 4 Acres Existing Land Use: Vacant Proposed Land Use: Multi-Family Residential use Existing Zoning: Residential 6000 Proposed Zoning: Residential Multi-Family BACKGROUND AND PROCEDURAL HISTORY • The Planning Director met with the Public Works Director and City Attorney to discuss the capacity and specifics of the zone change request in December, 2020. • The Zone Change is included in a settlement agreement between the owner/developer of the Iron Horse Station Subdivision and the City of Laurel. • The settlement agreement was approved by the City of Laurel on February 9, 2021. 122 2 • The Zone Change application was prepared and submitted to the Laurel Planning Board for its February 17, 2021 meeting as part of the conditions of the settlement agreement. • A public hearing for the Zone Change application will be held on March 9, 2021 at the Laurel City Council. LOCATION: STAFF FINDINGS The Applicant is requesting a variance to Table LMC 17.16.020 which presents the zoning requirements for Residential districts. The RLMF zoning jurisdiction (which the CC district uses as the requirements for one and two-family dwellings) requires a minimum of 6,000sqft for a single dwelling unit. The Applicant seeks to split the property, creating two lots each with a single-family home.  The Applicant is requesting a zone change from Residential-6000 (R-6000) to Residential Multi-Family (RMF).  The Zone Change shall be completed by March 15, 2021 as described in the settlement agreement between the owner/developer of Iron Horse Station Subdivision and the City of Laurel.  The City of Laurel has the capacity to meet the flow/demand needs of the new zoning designation.  The City of Laurel has a water line that runs through Lots 3-11, Block 7 of the subdivision.  The public noticing requirements have been met. PLANNING BOARD AND GOVERNING BODY REVIEW CRITERIA The zoning commission shall review and take action upon each application in accordance with the provisions of this chapter, and after a public hearing at which the application shall be presented to the zoning commission by the planning director together with his findings and conclusions on the matter. A report of the commission's recommendation and the planning director's findings and conclusions shall be submitted to the city council. A. The zoning commission shall make a recommendation to the city council to: 1. Deny the application for amendment to the official map; 2. Grant action on the application for a period not to exceed thirty days; 3. Delay action on the application for a period not to exceed thirty days; 4. Give reasons for the recommendation. B. The zoning commission shall adopt such rules and regulations for the conduct of public hearings and meetings, which shall be published and available to the public, as well as conflict of interest rules, to ensure that no member is entitled to vote on a matter in which he has an interest directly or indirectly. 123 3 RECOMMENDATIONS The Planning Director recommends that the Planning Board approve the zone change. The Planning Director has prepared drafted conditions of approval which are presented below. 1. The Owner/Developer shall comply with all the requirements of LMC Chapter 17.72 2. The Owner/Developer shall submit any and all applicable and necessary permits and fees for development of the parcels subject to this zone change approval. 3. The Owner/Developer shall not install and/or operate any uses on parcels subject to this zone change which are not allowable under LMC Chapter 17.16. ATTACHMENTS 1. Exhibit A. 2. Overhead Map with 300ft buffer 3. Iron Horse Station Subdivision plat (2005) 4. List of Adjacent Property Owners 5. Public Hearing Notice 6. LMC 17.72 – Amendments 7. LMC 17.16 – Residential Districts 124 125 126 SCOTT J CHESTER TRUST D02522 405 E 13TH ST LAUREL, MT 59044 EVANS, WAYNE & NORMAN & ESTHER P B01526 938 ARONSON AVE BILLINGS, MT 59105-2331 WOLLMAN, JUNIA JOYCE B01550 PO BOX 272 LAUREL, MT 59044-0272 BOUCHER, RONALD C & NATALIE L B03033 130 E 13TH ST LAUREL, MT 59044-1828 OLSON, WILTON B B03034 PO BOX 1116 LAUREL, MT 59044-1116 FRANK, TODD K B03035 350 E 13TH ST LAUREL, MT 59044 METZGER, G M & LORETTA B01558 215 E MARYLAND LN LAUREL, MT 59044-2123 MEADOWOOD APARTMENTS LP D02625 136 BURLINGTON AVE BILLINGS, MT 59101-6029 LOUCKS, DALE W B01543 201 E 12TH ST LAUREL, MT 59044 WAYNE, JOHNNY B01544 1115 MONTANA AVE LAUREL, MT 59044 MAGNUS, DARRELL D & MAYBELLE B01557 1131 COLORADO AVE LAUREL, MT 59044 WILMETH, MATTHEW K & SHERRY L B01547A B01555 B01554 B01557 2110 CHATTO DRIVE BELGRADE, MT 59714 NUTTING DRAIN DISTRICT D02623 1366 CLARHILL RD LAUREL, MT 59044-8334 RESIDENTIAL SUPPORT SERVICES INC C14953 2110 OVERLAND AVE # 128 BILLINGS, MT 59102-6480 IRON HORSE STATION LLC C14955M PO BOX 80661 BILLINGS, MT 59108-0661 NESSAN, RICK D12716 2432 HOWARD AVE BILLINGS, MT 59102-4623 127 PUBLIC HEARING NOTICE The Laurel City-County Planning Board and Zoning Commission will conduct a public hearing on a zone change requested for parcels within Iron Horse Station Subdivision submitted by Representatives of Iron Horse Station LLC. The Zoning Commission hearing is scheduled for 5:35 P.M., in the City Council Chambers at City Hall, 115 West 1st Street, Laurel, Montana, on Wednesday, February 17th, 2021. Additionally, the City Council has scheduled a public hearing for the consideration of the zone change request. The City Council hearing is scheduled for 6:30 P.M., in the City Council Chambers at City Hall, 115 West 1st Street, Laurel, Montana, on Tuesday, March 9th, 2021. The applicant is requesting a zone change from the R-6000 zoning district to Residential Multi-Family (RMF) for Lots 3 to 11, Block 7 of the Iron Horse Station Subdivision. The Residential-6000 district is intended to promote an area for a high, urban density, duplex residential environment on lots that are usually served by a public water and sewer system. The requested Residential Multi-Family (RMF) zoning is intended to provide a suitable residential environment for medium to high density residential dwellings, and to establish a buffer between residential and commercial areas. Public comment is encouraged and can be provided in person at the public hearings on February 17th and March 9th. Public comment can also be made via email to the Planning Director, or via letter to the Planning Department office at 115 West 1st Street Laurel, MT 59044. A copy of the zone change documentation is available for review upon request at the Planning Department office. Questions regarding this public hearing may be directed to the Planning Director at 628.4796 ext. 5302, or via email at cityplanner@laurel.mt.gov. 128 Chapter 17.72 - AMENDMENTS Sections: 17.72.010 - Purpose of provisions. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the city council may amend, supplement, or change the regulations in this title, or the zoning boundaries or classification of property on the zoning map, as set forth in this chapter. (Prior code § 17.84.010) 17.72.020 - Amendment procedure. Amendments to the text of the title and/or changes in the zoning boundaries or classification of properties shown on the zoning map may be initiated by the city council on their own motion, or upon recommendation of the planning board but no amendment shall become effective unless it shall have been submitted to the zoning commission for review and recommendation. Before enacting an amendment to this title, the city council shall give public notice and hold a public hearing thereon. (Ord. 96-5 (part), 1996; prior code § 17.84.020 (part)) 17.72.025 - Amendment by private property owner. Amendments to the zoning boundaries or classification of property shown on the zoning map may be initiated by property owners of the land proposed to be rezoned, by the filing with the zoning commission secretary of a zoning change application, which application shall be provided by the zoning commission secretary, and accompanied by all other materials and data required in the application. (Ord. 01-4 (part), 2001: Ord 96-5 (part), 1996; prior code § 17.84.020 (part)) 17.72.030 - Preapplication conference required. Persons or parties interested in submitting an application for a zoning change shall consult with the planning director and the building inspector, at a joint meeting, if possible, concerning a proposed zoning change, its relation to and effect upon the comprehensive plan, any applicable specific plans or any plans being prepared by the planning department, and whether the proposed change is in conformance with public necessity, convenience, general welfare and good zoning practice. (Prior code § 17.84.030) 17.72.040 - Application requirements. A. Unless initiated by the city council or planning board, all applications for official map amendments must be submitted by the owner of such property, the contract purchaser, or the authorized agent of the owner. An application for an amendment affecting the same property shall not be submitted more often than once every twelve months. The zoning change application shall contain the following information: 1. Name of applicant; 2. Mailing address; 3. Telephone number; 129 4. Accurate legal description of location; 5. Nature of zoning change requested; 6. Description of present land uses; 7. Description of adjacent land uses; 8. Statement of intended land use; 9. Statement concerning any expected effect upon the adjacent neighborhood; 10. Date of preapplication conference; 11. Names and addresses of adjacent property owners, within three hundred feet; 12. Signature of applicant; 13. Payment of all applicable fees. B. An application for amendment to the official map shall be made on or before five p.m. of the first day of the month preceding the date of the public hearing before the zoning commission. When the date of submittal falls on a weekend or holiday, the submittal shall be on the following day before five p.m. C. An application for a zone change may not be withdrawn or amended after the legal advertising, as required by this section, has appeared for final public hearing before the city council. An applicant may be allowed to withdraw at the time of the zoning commission hearing by a majority vote of the members present without requiring council approval of the withdrawal and without prejudice with respect to the twelve month waiting period providing, however, that no application be allowed to be withdrawn more than once within the twelve month period after application shall have first been submitted. (Prior code § 17.84.040) 17.72.050 - Planning department evaluation responsibility. The planning director, upon receiving an application for rezoning of an area or a particular place of property shall do the following: A. Consult with other departments of the city or county to fully evaluate the impact of any zoning change upon public facilities and services including, but not limited to schools, drainage, traffic and related facilities; B. Study each application with reference to its appropriateness and effect on existing and proposed land use, and references to the comprehensive plan; C. In the case of a protest petition filed in the matter of any application for rezoning determine the validity of such petition; D. Advertise twice in a newspaper of general circulation in the jurisdictional area of the Laurel- Yellowstone city-county planning board at least fifteen days in advance of the time and place of the public hearing; E. Notify, by mail, the applicant or his authorized agent five days prior to the date of the public hearing of the time and place of such hearing; F. Notify, by mail, all property owners within three hundred feet of the exterior boundaries of the property subject to the rezoning; of the time, date, place of the public hearing and the existing and proposed classification. Further, he may notify property owners within a radius of more than three hundred feet if he determines that the proposed use of the property would have substantial environmental impact on surrounding land uses; G. The planning director shall report his findings and conclusions in writing to the zoning commission, which report shall be a matter of public record. 130 (Ord. 01-4 (part), 2001; prior code § 17.84.050) 17.72.060 - Zoning commission action. A. The zoning commission shall review and take action upon each application in accordance with the provisions of this chapter, and after a public hearing at which the application shall be presented to the zoning commission by the planning director together with his findings and conclusions on the matter. A report of the commission's recommendation and the planning director's findings and conclusions shall be submitted to the city council. B. The zoning commission shall make a recommendation to the city council to: 1. Deny the application for amendment to the official map; 2. Grant action on the application for a period not to exceed thirty days; 3. Delay action on the application for a period not to exceed thirty days; 4. Give reasons for the recommendation. C. The zoning commission shall adopt such rules and regulations for the conduct of public hearings and meetings, which shall be published and available to the public, as well as conflict of interest rules, to ensure that no member is entitled to vote on a matter in which he has an interest directly or indirectly. (Prior code § 17.84.060) 17.72.070 - Public hearing—Notice required. A. Before taking action on an application for an amendment to the official map, and after presentation of the zoning commission's recommendation, the city council shall hold a public hearing on the application. B. The recommendations of the zoning commission shall be published twice in a newspaper of general circulation in the jurisdictional area of the Laurel-Yellowstone city-county planning board, and not less than fifteen days after the first publication of such notice, a final hearing shall be held at the next regular meeting of the city council. C. When such proposed amendment has been denied by the city council neither it nor one involving the same tract(s) shall be offered for adoption within one year after such denial. D. In case, however, of a valid protest petition against such change signed by the owners of twenty per centum or more either of the lot included in such proposed change, or of those immediately adjacent in the rear of extending one hundred fifty feet therefrom or of those adjacent on either side thereof within the same block, or of those directly opposite thereof extending one hundred fifty feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the city council. (Ord. 01-4 (part), 2001; prior code § 17.84.070) 131 17.16.010 - List of uses. Table 17.16.010 designates the special review (SR) and allowed uses (A) in residential districts. Table 17.16.010 RE 22,000 R 7,500 R 6,000 RLMF RMF RMH PUD SR RT Accessory building or use incidental to any permitted residential use customarily in connection with the principal building and located on the same land parcel as the permitted use A A A A A A A A Animals (see zoning district description for specifics) A Automobile parking in connection with a permitted residential use A A A A A A A A Bed and breakfast inn SR SR SR SR SR SR SR SR Boarding and lodging houses SR SR SR SR SR SR SR SR Cell towers (see Sections 17.21.020—17.21.040) Cemetery SR SR SR SR SR SR SR Childcare facilities Family day care home A A A A A A A A Group day care home A A A A A A A A Day care center SR SR SR SR SR SR SR SR Churches and other places of worship including parish house and Sunday school buildings SR SR SR SR SR SR A SR Communication towers (see Sections 17.21.020— 17.21.040) Community residential facilities serving eight or fewer persons A A A A A A A A Community residential facilities serving nine or more persons SR SR SR SR SR SR SR SR Orphanages and charitable institutions SR SR SR SR SR SR A SR Convents and rectories SR SR SR SR SR SR A SR Crop and tree farming, greenhouses, and truck gardening Day care facilities SR SR SR SR SR SR SR SR Kennels (noncommercial) A A A A A A A A Dwellings Single‐family A A A A A A A A Two‐family A A A A Multifamily A A A Manufactured homes Class A A Class B A Class C A Row Housing SR SR A Family day care homes A A A A A A A A Greenhouses for domestic uses A A A A A A A A Group day care homes A A A A A A A A Home occupations A A A A A A A A Parking, Public SR SR SR SR SR SR SR SR Parks, playgrounds, playfields, and golf courses community center buildings—operated by public agency, neighborhood or homeowners' associations A A A A A A A A Planned developments A Post‐secondary school A A A A A A A A Preschool SR SR SR SR SR SR SR SR Public service installations SR SR SR SR SR SR SR SR Schools, commercial SR SR SR SR SR SR SR SR Schools, public elementary, junior and senior high schools A A A A A A A A Towers (see Sections 17.21.020—17.21.040) 132 17.16.020 - Zoning classified in districts. Zoning for residential districts is classified in and subject to the requirements of Table 17.16.020. Table 17.16.020 Zoning Requirements R 7,500 R 6,000 RLMF RMF RMH PUD SR RT Minimum lot area per dwelling unit in square feet One unit 7,500 6,000 6,0001 6,0001 6,0003 See 5 acres 1 acre Two units 7,500 7,500 7,750 Chapter Three units 8,500 8,500 9,500 17.32 Four units 10,000 11,250 Five units 13,000 Six units or more Add 2,500 each additional unit Minimum yard – setback requirements (expressed in feet) and measured from public right-of-way Front 20 20 20 20 10 255 25 Side 5 54 54 54 5 55 5 Side adjacent to street 20 20 20 20 20 105 10 Rear 5 5 5 5 5 255 25 Maximum height for all buildings 30 35 35 40 30 30 30 Maximum lot coverage (percentage) 30 30 40 45 40 15 30 Minimum district size (expressed in acres) 2.07 2.07 2.07 2.07 2.07 20 5 1 Row housing may be permitted to be constructed on 3,000 square foot lots if approved through the special review process. 2 NA means not applicable 3 The requirements for the mobile homes contained herein relate only to a mobile home subdivision; see Chapter 17.44 of this code for the requirements for a mobile home park. 4 Zero side setbacks may be permitted if approved through the special review process. 5 All pens, coops, barns, stables, or permanent corrals shall be set back not less than 50 feet from any residence, public road, or water course, and any property line. 133 MINUTES CITY OF LAUREL CITY/COUNTY PLANNING BOARD WEDNESDAY, FEBRUARY 17, 2021 5:35 PM CITY COUNCIL CHAMBERS Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee will not take action on any item not on the agenda. 1. Roll Call The chair called the meeting to order at 5:35PM Evan Bruce Roger Giese Jon Klasna Gavin Williams Dan Koch Judy Goldsby General Items 2. Approve Meeting Minutes: January 20, 2021 Dan Motioned to approve the minutes from January 20, 2021 Evan Seconded. Motion Carried. 3. Public Hearing: Variance Request for 503 Fir Ave Nick provided the staff report and findings for the Variance request for 503 Fir Ave/1313 E. Main Street. The Chair called for Proponents. Zene Johnson – 1908 9th Street West, Billings, 59102. Sister of former owner (passed). Patti (prior owner) previously had wanted to split the lot and spoke with the Planning Department about this item years ago. Brian, Patti’s son who inherited the property and his wife have two special needs children. Brian has to spend a lot of time with the children would like to split the lot because he does not want to be a landlord and manage a rental property. The parcel would then be put into the hands of someone able to take care of it. This would allow an owner who is somebody who could appreciate it. Judy: The owner lives at the 1313 E. Main house? • Yes he does. The Chair called for Proponents. The Chair called for Proponents. The Chair Called for Opponents. 134 The Planning Director provided emails from two nearby property owners who object to the variance due to worries about a commercial dog kennel being established on the new lot. The Planning Director explained that these concerns are valid but any commercial kennel would need to go through the Special Review process at Planning Board and Council and would face questioning on its impacts to the neighborhood. The Chair Called for Opponents. The Chair Called for Opponents. Mike, the son of applicant Zene Johnson owns the dogs in question. He plans to move the dogs off premises once the variance request is approved. They have gone through permitting the dogs at the 503 Fir Ave house for now. Mike and his wife are temporarily living at the 503 Fir Ave home in order to remodel the house. Will move out once the variance takes place and the house is rehabilitated. Mike and his wife and dogs will be moving out ASAP. Evan: Parking for both residences? There is a garage attached to the 1313 E. Main St. home. Curb cut exists for 503 Fir Ave. Dan: Would the second lot be buildable? It already has an existing home that is being renovated. Judy provided background as to the 503 Fir Ave house that was previously used as a glass shop. Gavin Motioned to approve the variance with the conditions presented by the Planning Director and additional motion noted on the attached staff report. Dan Seconded. Motion Carried. The Chair closed the Public Hearing. 4. Public Hearing: Zone Change Request for Lots within the Iron Horse Station Subdivision Nick provided the summary of the situation for Planning Board. Nick provided answers to questions about access and density changes, details about the change. Jon: What will the parking situation be like? Most likely will be on-lot, similar to the duplexes. Members discussed access needs for the abandonment of Short Line Drive. Discussion of the adjacent right of way. The Chair called for Proponents. The Chair called for Proponents. The Chair called for Proponents. The Chair called for Opponents. Wilton Olson. Concerned about the density of the new houses as well as the closed nature of the agreement between the developer. Questioned the Planning Director’s statement of agreeing with more density within the subdivision and that area of the city. 135 The Chair called for Opponents. The Chair called for Opponents. Gavin motioned to approve the Zone Change for Iron Horse Station Subdivision as presented. Jon Seconded. Motion Carried. New Business 5. Sign Review: Sunlight Properties Members reviewed the design for the Sunlight Properties sign. Nick provided a color image version of the black and white image provided in the packet. Gavin motioned to approve the Sunlight Properties sign as designed and presented. Evan Seconded. Motion Carried. Old Business Other Items 6. Ongoing Projects Nick provided some details on ongoing projects within Laurel and its Planning and Zoning jurisdiction.  Cherry Hills 3rd Filing  Goldberg Sporting Estates  Dyer PUD – 8th Street  8th Avenue  Burger King Lot  Zoning Code Update  Zoning Jurisdiction Expansion Evan suggested that a new zoning code update include language banning certain refrigerants in new construction. Dan Wells – Regal Community Park? No updates on the situation yet. Nick will follow-up with Dan Wells Announcements 7. Adjourn Meeting The Chair adjourned the Meeting at 6:43PM. 8. Next Meeting: March 17, 2021 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. DATES TO REMEMBER 136 File Attachments for Item: 15. Resolution R21-17: A Resolution Of The City Council Approving A Task Order For KLJ Engineering Inc. To Authorize Work On The Water Storage Tank Roof Recoat Project For The City Of Laurel. 137 R21-17 Approve Task Order KLJ Water Storage Tank Roof Recoat Project RESOLUTION NO. R21-17 A RESOLUTION OF THE CITY COUNCIL APPROVING A TASK ORDER FOR KLJ ENGINEERING INC. TO AUTHORIZE WORK ON THE WATER STORAGE TANK ROOF RECOAT PROJECT FOR THE CITY OF LAUREL. BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The Task Order between the Parties is attached hereto and incorporated herein as part of this resolution, and is accepted and hereby approved by the City Council. Section 2: Execution. The Mayor and City Clerk/Treasurer of the City of Laurel are hereby given authority to accept and execute the attached Task Order on behalf of the City. Section 3: Effective date. The effective date for the Task Order is upon adoption and approval of this resolution. Introduced at a regular meeting of the City Council on March 9, 2021, by Council Member ____. PASSED and APPROVED by the City Council of the City of Laurel this 9th day of March 2021. APPROVED by the Mayor this 9th day of March 2021. CITY OF LAUREL __________________________________ Thomas C. Nelson, Mayor ATTEST: _______________________________ Bethany Langve, Clerk-Treasurer APPROVED AS TO FORM: ________________________________ Sam Painter, Civil City Attorney 138 Exhibit A – Engineer's Services – Water Storage Tank Roof Recoat Project 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 1 This is EXHIBIT A, consisting of 13 pages, referred to in and part of the Task Order dated March 9, 2021. Engineer's Services for Task Order: Water Storage Tank Roof Recoat Project PART 1—BASIC SERVICES A1.01 Study and Report Phase Services A. Not Included A1.02 Preliminary Design Phase A. Not included A1.03 Final Design Phase A. As Basic Services, Engineer shall: 1. Consult with Owner to define and clarify Owner’s requirements for the Specific Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations, and identify available data, information, reports, facilities plans, and site evaluations. 2. Visit the Site to review existing conditions. 3. Collect data related to the existing water storage tank. 4. Develop preliminary layout of the project site and site access. 5. Prepare 50% Drawings and Specifications indicating the scope and character of the Work to be performed and furnished by the Contractor. 6. Provide the Owner with a 50% design, drawings and specifications for their review. 7. Meet with the Owner to review the 50% drawings and specifications and solicit the Owner’s input prior to advancing on to 95% drawings and specifications. 8. Prepare 95% Drawings and Specifications indicating the scope and character of the Work to be performed and furnished by the Contractor. 9. Provide the Owner with a 95% design, drawings and specifications for their review. 139 Exhibit A – Engineer's Services – Water Storage Tank Roof Recoat Project 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 10. Meet with the Owner to review the 95% drawings and specifications and solicit the Owner’s input prior to advancing on to 100% drawings and specifications. 11. Develop the 100% drawings and specifications. Provide the Owner with three copies of the 100% drawings and specifications. 12. Based on correspondence with the MT-DEQ, DEQ approval will not be required for this project since to recoating is not in contact with the potable water. No Design Report or DEQ submittal is included under this scope. 13. Develop and deliver to the Owner an opinion of probable Construction Cost. B. Engineer’s services under the Final Design Phase will be considered complete on the date when Engineer has delivered to Owner the final Drawings and Specifications, including contracting and bidding-related documents. C. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer’s compensation has been established under this Task Order is one. If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Task Order. A1.04 Bidding or Negotiating Phase A. As Basic Services, Engineer shall: 1. Assist Owner during the bidding process by developing an advertisement, printing of bid documents (Drawings and Specifications), distribution of bid documents, and maintaining a Plan Holders list. 2. Coordinate and facilitate a pre-bid conference. 3. Prepare and issue Addenda as appropriate to clarify, correct, or change the issued documents. 4. Attend the bid opening, conduct a bid evaluation and prepare a recommendation of award to the Owner. B. The Bidding or Negotiating Phase will be considered complete upon the delivery of the recommendation of award. Any re-bidding, beyond the initial letting, will be considered an additional service, unless agreed upon by both parties. A1.05 Construction Phase A. As Basic Services, Engineer shall: 1. Coordinate the execution of the Contract Documents between the Owner and Contractor. 140 Exhibit A – Engineer's Services – Water Storage Tank Roof Recoat Project 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 3 2. General Administration of Construction Contract: Consult with Owner and act as Owner’s representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer shall be as assigned in EJCDC® C-700, Standard General Conditions of the Construction Contract (the Edition of which is to coincide with the current Montana Public Works Standard Specifications in effect at the time of a specific Task Order), prepared by the Engineers Joint Contract Documents Committee, or other construction general conditions specified in the Agreement. If Owner, or Owner and Contractor, modify the duties, responsibilities, and authority of Engineer in the Construction Contract, or modify other terms of the Construction Contract having a direct bearing on Engineer, then Owner shall compensate Engineer for any related increases in the cost to provide Construction Phase services. Engineer shall not be required to furnish or perform services contrary to Engineer’s responsibilities as a licensed professional. All of Owner’s instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 3. Pre-Construction Conference: Coordinate and participate in a pre-construction conference prior to commencement of Work at the Site. 4. Electronic Transmittal Protocols: If the Construction Contract Documents do not specify protocols for the transmittal of Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, then together with Owner and Contractor jointly develop such protocols for transmittals between and among Owner, Contractor, and Engineer during the Construction Phase and Post-Construction Phase. 5. Original Documents: If requested by Owner to do so, maintain and safeguard during the Construction Phase at least one original printed record version of the Construction Contract Documents, including Drawings and Specifications signed and sealed by Engineer and other design professionals in accordance with applicable Laws and Regulations. Throughout the Construction Phase, make such original printed record version of the Construction Contract Documents available to Contractor and Owner for review. 6. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 7. Visits to Site and Observation of Construction: In connection with observations of Contractor’s Work while it is in progress: a. Make up to three (3) visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe the progress of Contractor’s executed Work. Such visits and observations by Engineer, are not intended to be exhaustive or to extend to every aspect of the Work or to involve 141 Exhibit A – Engineer's Services – Water Storage Tank Roof Recoat Project 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 4 detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Agreement, this Task Order, and the Construction Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of professional judgment. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Construction Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer’s visits to the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Construction Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Construction Contract Documents. Engineer shall not, during such visits or as a result of such observations of the Work, supervise, direct, or have control over the Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, for security or safety at the Site, for safety precautions and programs incident to any Constructor’s work in progress, for the coordination of the Constructors’ work or schedules, nor for any failure of any Constructor to comply with Laws and Regulations applicable to furnishing and performing of its work. Accordingly, Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor’s failure to furnish or perform the Work, or any portion of the Work, in accordance with the Construction Contract Documents. c. In addition to the site visits, the Engineer will provide up to ninety (90) hours of quality assurance (QA) coating system inspection and testing as needed. These hours are based on a estimated nine days, 1o hours per day, of blasting and coating time needed to complete the work. Should the Contractor exceed this time, additional inspection hours will be provided as additional services. This inspection is limited to surface preparation and coating system application. 8. Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes that such Work is defective under the terms and standards set forth in the Construction Contract Documents. Provide recommendations to Owner regarding whether Contractor should correct such Work or remove and replace such Work, or whether Owner should consider accepting such Work as provided in the Construction Contract Documents. 9. Compatibility with Design Concept: If Engineer has express knowledge that a specific part of the Work that is not defective under the terms and standards set forth in the Construction Contract Documents is nonetheless not compatible with the design concept 142 Exhibit A – Engineer's Services – Water Storage Tank Roof Recoat Project 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 5 of the completed Project as a functioning whole, then inform Owner of such incompatibility, and provide recommendations for addressing such Work. 10. Clarifications and Interpretations: Accept from Contractor and Owner submittal of all matters in question concerning the requirements of the Construction Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Construction Contract Documents. With reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Construction Contract Documents. 11. Field Orders: Subject to any limitations in the Construction Contract Documents, Engineer may prepare and issue Field Orders requiring minor changes in the Work. 12. Change Orders and Work Change Directives: Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. 13. Differing Site Conditions: Respond to any notice from Contractor of differing site conditions, including conditions relating to underground facilities such as utilities, and hazardous environmental conditions. Promptly conduct reviews, obtain information, and prepare findings, conclusions, and recommendations for Owner’s use, subject to the limitations and responsibilities under the Agreement and the Construction Contract. 14. Non-reviewable matters: If a submitted matter in question concerns the Engineer’s performance of its duties and obligations, or terms and conditions of the Construction Contract Documents that do not involve (1) the performance or acceptability of the Work under the Construction Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer will not provide a decision or interpretation. 15. Shop Drawings, Samples, and Other Submittals: Review take appropriate action with respect to Shop Drawings, Samples, and other required Contractor submittals, but only for conformance with the information given in the Construction Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Construction Contract Documents. Such reviews will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. 16. Substitutes and “or-equal”: Evaluate and determine the acceptability of substitute or “or- equal” materials and equipment proposed by Contractor, but subject to the provisions of Paragraph A2.01.B.2 of this Exhibit A. 143 Exhibit A – Engineer's Services – Water Storage Tank Roof Recoat Project 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 6 17. Inspections and Tests: a. Receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Construction Contract Documents. Engineer’s review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Construction Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Construction Contract Documents. Engineer shall be entitled to rely on the results of such inspections and tests. b. As deemed reasonably necessary, request that Contractor uncover Work that is to be inspected, tested, or approved. c. Pursuant to the terms of the Construction Contract, require additional inspections or testing of the Work, whether or not the Work is fabricated, installed, or completed. 18. Change Proposals and Claims: (a) Review and respond to Change Proposals. Review each duly submitted Change Proposal from Contractor and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer will not resolve the Change Proposal. (b) Provide information or data to Owner regarding engineering or technical matters pertaining to Claims. 19. Applications for Payment: Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Recommend reductions in payment (set-offs) based on the provisions for set-offs stated in the Construction Contract. Such recommendations of payment will be in writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the point indicated, the Work is generally in accordance with the Construction Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Construction Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. In the case of unit price work, Engineer’s recommendations of payment will include final 144 Exhibit A – Engineer's Services – Water Storage Tank Roof Recoat Project 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 7 determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). b. By recommending payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Agreement or this Task Order. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control the Work, or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the money paid to Contractor by Owner; to determine that title to any portion of the Work, including materials or equipment, has passed to Owner free and clear of any liens, claims, security interests, or encumbrances; or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 20. Contractor’s Completion Documents: Receive from Contractor, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Construction Contract Documents, certificates of inspection, tests and approvals, and Shop Drawings, Samples, and other data reviewed as provided under Paragraph A1.05.A.17. Receive from Contractor, review, and transmit to Owner the annotated record documents which are to be assembled by Contractor in accordance with the Construction Contract Documents to obtain final payment. The extent of Engineer’s review of record documents shall be to check that Contractor has submitted all pages. 21. Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Site to review the Work and determine the status of completion. Follow the procedures in the Construction Contract regarding the preliminary certificate of Substantial Completion, punch list of items to be completed, Owner’s objections, notice to Contractor, and issuance of a final certificate of Substantial Completion. Assist Owner regarding any remaining engineering or technical matters affecting Owner’s use or occupancy of the Work following Substantial Completion. 22. Final Notice of Acceptability of the Work: Conduct a final visit to the specific Project to determine if the Work is complete and acceptable so that Engineer may recommend, in writing, final payment to Contractor. 145 Exhibit A – Engineer's Services – Water Storage Tank Roof Recoat Project 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 8 23. Standards for Certain Construction-Phase Decisions: Engineer will render decisions regarding the requirements of the Construction Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth in the Construction Contract for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 24. Start-up: Engineer will review operation and maintenance manuals submitted by the Contractor and will be on site during the equipment start-up and operator training. 25. Record Drawings: Engineer will develop Record Drawing for the project and submit two paper copies to the Owner along with one digital copy in PDF format. B. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the specific Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If the specific Project involves more than one prime contract as indicated in Paragraph A1.03.C, then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the final Construction Contract under the Task Order. A1.06 Post-Construction Phase A. Upon written authorization from Owner during the Post-Construction Phase, as Basic Services, Engineer shall: 1. Together with Owner, visit the Project to observe any apparent defects in the Work, make recommendations as to replacement or correction of defective Work, if any, or the need to repair of any damage to the Site or adjacent areas, and assist Owner in consultations and discussions with Contractor concerning correction of any such defective Work and any needed repairs. 2. Together with Owner, visit the Project within one month before the end of the Construction Contract’s correction period to ascertain whether any portion of the Work or the repair of any damage to the Site or adjacent areas is defective and therefore subject to correction by Contractor. B. The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit A, will terminate twelve months after the commencement of the Construction Contract’s correction period. 146 Exhibit A – Engineer's Services – Water Storage Tank Roof Recoat Project 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 9 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. Resident Project Representative Services beyond 100 hours. 3. Services to make measured drawings of existing conditions or facilities, to conduct tests or investigations of existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. This shall include any survey services not explicitly stated within the scope of services. 4. 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. 5. Services resulting from Owner’s request to evaluate additional Study and Report Phase alternative solutions beyond those agreed to herein. 6. Services required as a result of Owner’s providing incomplete or incorrect Specific Project information to Engineer. 7. Providing renderings or models for Owner’s use, including services in support of building information modeling or civil integrated management. 8. Undertaking investigations and studies including, but not limited to: 147 Exhibit A – Engineer's Services – Water Storage Tank Roof Recoat Project 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 10 a. evaluation of additional alternatives; b. detailed consideration of operations, maintenance, and overhead expenses; c. 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; d. preparation of appraisals; e. evaluating processes available for licensing, and assisting Owner in obtaining process licensing; f. detailed quantity surveys of materials, equipment, and labor; and g. audits or inventories required in connection with construction performed or furnished by Owner. 9. Furnishing services of Consultants for other than Basic Services. 10. 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. 11. Providing the following services: a. Services attributable to more prime construction contracts than specified in Paragraph A1.03.C or the specific Task Order. b. Services to arrange for performance of construction services for Owner by contractors other than the principal prime Contractor, and administering Owner’s contract for such services. 12. Services during out-of-town travel required of Engineer, other than for visits to the Site or Owner’s office as required in Basic Services. 13. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other documents as a result of such review processes. 14. Preparing additional bidding-related documents (or requests for proposals or other construction procurement documents) or Construction Contract Documents for alternate bids or cost estimates requested by Owner for the Work or a portion thereof. 148 Exhibit A – Engineer's Services – Water Storage Tank Roof Recoat Project 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 11 15. Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required to complete services required by Paragraph 5.02.A and Exhibit F. 16. Preparing conformed Construction Contract Documents that incorporate and integrate the content of all Addenda and any amendments negotiated by Owner and Contractor. 17. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor, but only if such services increase the total quantity of services to be performed in the Construction Phase, rather than merely shifting performance of such services to a later date. 18. Supplementing Record Drawings with information regarding the completed Project, Site, and immediately adjacent areas obtained from field observations, Owner, utility companies, and other reliable sources. 19. Conducting surveys, investigations, and field measurements to verify the accuracy of Record Drawing content obtained from Contractor, Owner, utility companies, and other sources; revise and supplement Record Drawings as needed. 20. Preparation of operation, maintenance, and staffing manuals. 21. Protracted or extensive assistance in refining and adjusting of Project equipment and systems (such as initial startup, testing, and balancing). 22. Assistance to Owner in training Owner’s staff to operate and maintain Specific Project equipment and systems. 23. Assistance to Owner in developing systems and procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related recordkeeping. 24. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, mediation, lien or bond claim, or other legal or administrative proceeding involving the Project. 25. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Paragraph A1.05.A.8, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 26. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. 27. Excessive services during any correction period, or with respect to guarantees called for in the Construction Contract (except as agreed to under Basic Services). 149 Exhibit A – Engineer's Services – Water Storage Tank Roof Recoat Project 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 12 28. Provide assistance in responding to the presence of any Constituent of Concern at any Site, in compliance with current Laws and Regulations. 29. Other additional services performed or furnished by Engineer not otherwise provided for in this Agreement. B. Advance Written Authorization Not Required: Engineer shall advise Owner in advance that Engineer will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. 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. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner. 2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than “or equal” items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. 3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 4. Additional or extended services arising from (a) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (b) emergencies or acts of God endangering the Work, (c) damage to the Work by fire or other causes during construction, (d) a significant amount of defective, neglected, or delayed Work, (e) acceleration of the progress schedule involving services beyond normal working hours, or (f) default by Contractor. 5. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of the Work by Owner prior to Substantial Completion. 6. Evaluating unreasonable or frivolous requests for interpretation or information (RFIs), Change Proposals, or other demands from Contractor or others in connection with the Work, or an excessive number of RFIs, Change Proposals, or demands. 7. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor. 150 Exhibit A – Engineer's Services – Water Storage Tank Roof Recoat Project 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 13 8. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by Federal, State, or local safety authorities for similar construction sites. 151 Task Order Form – Water Storage Tank Roof Recoat Project 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 1 Task Order: Water Storage Tank Roof Recoat Project In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services – Task Order Edition, dated December 5, 2017 ("Agreement"), as amended by Amendment No. 1 dated October 13, 2020, Owner and Engineer agree as follows: 1. Background Data A. Effective Date of Task Order: March 9, 2021 B. Owner: City of Laurel C. Engineer: Kadrmas, Lee & Jackson, Inc. (dba “KLJ”) D. Specific Project (title): Water Storage Tank Roof Recoat Project E. Specific Project (description): This project consists of the recoating of the exterior roof of the existing water storage tank. 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 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 may be 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. 4. Owner's Responsibilities This is a Task Order for KLJ Project No. 1904-01843, consisting of 4 pages, plus attachments. 152 Task Order Form – Water Storage Tank Roof Recoat Project 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 Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B, subject to the following: • Provide Engineer with access to the facilities, as needed to complete the project. • Provide information included existing (as-built) plans and any prior studies, reports, etc. related to the existing storage tank. • Review preliminary reports and plans provided by the Engineer. • Pay advertisement cost during the bidding process. 5. Task Order Schedule In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: • Owner will provide review comments, in writing, to Engineer for any draft deliverables submitted by Engineer. Owner will provide comments within 7-days of submission by Engineer. Owner acknowledges delays in review/response may extend the final schedule. • Engineer shall provide periodic updates to Owner on the anticipated completion schedule, throughout the duration of the project. 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) a. Study and Report Phase (A1.01) N/A Lump Sum b. Preliminary and Final Design Phase (A1.02, A1.03) $15,847.00 Lump Sum c. Bidding or Negotiating Phase (A1.04) $12,356.00 Lump Sum d. Construction Phase (A1.05) $28,096.00 Direct Labor e. Post-Construction Phase (A1.06) $1,584.00 Direct Labor TOTAL COMPENSATION (lines 1.a-e) $57,883.00 2. Additional Services (Part 2 of Exhibit A) (N/A) Direct Labor 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. 153 Task Order Form – Water Storage Tank Roof Recoat Project 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 3 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: None 8. Other Modifications to Agreement and Exhibits: None 9. Attachments: Exhibit A – Engineer’s Services for Task Order 10. Other Documents Incorporated by Reference: December 5, 2017 Agreement between Owner and Engineer for Professional Services, Task Order Edition October 13, 2020 Amendment to Engineer-Owner Agreement, Amendment No. 1. 154 Task Order Form – Water Storage Tank Roof Recoat Project 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 4 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 March 9, 2021. OWNER: City of Laurel, Montana ENGINEER: KLJ Engineering LLC. By: By: Print Name: Print Name: Mark Anderson Title: Title: Vice President, EPW 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: Doug Whitney Title: Director of Public Works Title: Project Manager Address: PO Box 10, Laurel, MT 59044 Address: PO Box 80303 Billings, MT 59108-0303 E-Mail Address: kmarkegard@laurel.mt.gov E-Mail Address: Doug.whitney@kljeng.com Phone: 406-628-4796 Phone: 406-247-2913 155