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06-18-86 Public Works Comm MinutesJune 18, 1986 PUBLIC WORKS COMMITTEE 3:30 P.M. • Chairman Ruiz and Councilmen Palmer and Schindler in attendance. Mayor Kennedy, DPW Hammer, Attorney Neier, Chief Stefanic, Surveyor Zavodny, Building Official Jackson, Construction Inspector Van Dyke, Ross Plambeck from Community Development, Curt adkins and his father, Glen Graham from Taco Time, Dave Melrose of KOFI, and Roger Hopkins of the Daily Interlake were also present. LETTERING OF CURBS - Curt Adkins requested permission to stencil the address of each house on the street curb with a flourescent paint to make it easier to find any given house in case of an emergency. The Committee discussed the fact that the curbs are right-of-way and the liability involved for the City. Working there would require a right-of-way permit and the City cannot contract with a minor. DPW Hammer pointed out that these numbers could not be in lieu of house numbers, which are needed for fire protection. The Committee agreed to allow Curt to carry out his proposal on the following conditions: 1. A right-of-way permit be obtained by Curt's father. Attorney Neier felt that bonding and insurance could be waived because there would be no holes and no liability. 2. Barricades and/or an orange vest was used for high visibility and safety. - 3. All agreements and payment be between the individual residents and Curt. 4. That "The City reserves the right to revoke this permit" be included • on the right-of-way permit. C. Ruiz stated that quality control is between the homeowner and the contractor. Surveyor Zavodny pointed out that there is no second chance - the paint stays permanent on the concrete. CURBING AND SIDEWALK BIDS - Big Montana's bid was lower across the board and the Committee awarded the bid to Big Montana. VACATING OF STREETS FOR AUSTIN MILLER - Mr. Miller stated that the request for trading the vacation of Mission Lake for an access to the park was not necessary because there was a 10' access at the end of Lot 21. He is requesting the abandonment because Lots 11 and 12 are landlocked and in order to develop those parcels at all he either needs the abandonment of Mission Lane or will have to use Lot 12 for access. DPW Hammer asked for another week or so in order to research this. The Staff will bring information back to the Committee. Austin Miller gave his position on Sherry Lane by stating that North Haven Heights had been given 5 years to come into the City. Seven years have passed since that agreement and they have not annexed because of cost of approximately $3,000 per lot for the necessary improvements. He agreed that an easement for the water and sewer lines for the Halver and Shearer lots would be granted. C. Ruiz said that the Committee must look at why the road was dedicated in the first place. Austin responded that FRDO had said that the road would be needed if North Haven Heights was ever annexed. The letter from Norb Donahue giving 5 years and the conditions for annexation cannot be found, but it seems obvious that the people do not want to come into the City. C. Ruiz pointed out that some people want to annex, some don't, but in the future when septic tanks fail and the Board of Health won't issue permits for new ones Sherry Lane will be needed. PUBLIC WORKS COMMITTEE • June 18, 1986 Page 2 EXCAVATION OF STREETS - DPW Hammer explained that the City's front end loader -crawler has broken down and he requested approval to go out for bids for excavation so that if he needs the service he will be able to hire someone. Usually the cost for excavation is $3,000-$4,000 per block but going out for bids would be playing it safe. After a short discussion the Committee recommended going ut for bids. C. Palmer asked the Public Works Department to make a list of everything they were going out on bids for, as well as everything they are not bidding on. C. Ruiz asked abour bidding out street reconstruction rather than just excavation, but DPW Hammer explained that this function of excavation was the only thing that was needed. The Street Department can do the remainder of the reconstruction. PAVING OF 5TH AVENUE WEST - C. Ruiz questioned the ability of the City crews to do the job and wants the choice to go out for bid if the so choose. DPW Hammer explained that the decision must be made within the next 2 - 3 weeks in order to leave enough time for the bidding process if that is the choice. THIRD AVENUE WEST NORTH - The original design was to lower this street approximately 2' so that it matches up with the other streets. It was originally included in the off -site improvements. At the urging of F.I.F.T.H. Recycling • Center the Mayor requested that this project be put on hold for a little while. Mayor Kennedy said the Mall's immediate plans are not to make a crossing on 3rd at present because funds are short, so he thought that the City might wait on 3rd. Burlington Northern was never asked to put a crossing at this point by the owner/developer. DPW Hammer's intent was to bring it to grade regardless of the lack of a permit for a crossing. Mayor Kennedy reiterated Peter Neuman's concerns for F.I.F.T.H. Recycling Center and the drop that will result from bring 3rd to grade. C. Ruiz questioned doing the streets clear through to Idaho and DPW Hammer explained that the original intent from Mall to Idaho was included in the ordinance. Only Montana Street has been added. There was additional discussion of transition only vs. bringing 3rd to grade and the general consensus was that the decision should be made upon time and budget constraints or lack of them. Barricading at the RR was questioned. It is barricaded but the barricades are not up to code. BURGER KING - Attorney Neier had a meeting with Art Weaver and his attorney at 9:00 A.M. this morning. DPW Hammer explained to the Committee the problems the City is having with Burger King: 1. Continually working in the right-of-way without a permit. 2. Two lights located in the right-of-way. 3. Sign on 2nd Avenue W.N. located in the right-of-way. 4. Paving extending 5'-6' into the right-of-way. 5. Railroad ties in the right-of-way rather than acceptable curbing and landscaping. • - 6. Conduit located in the right-of-way. At this point Burger King has been issued one ticket. C. Schindler asked what the difference was between this situation and the little old lady replacing sidewalk and being shut down for lack of a proper permit - why isn't this being r PUBLIC WORKS COMMITTEE • June 18, 1986 Page 3 handled the same way? DPW Hammer explained that they had been issued a stop work order but the Police were unable to deliver it and that it had been sent through the mail, and a ticket had been issued, and that they had been requested numerous times to cease, but to no avail. Attorney Neier said that there were no grounds for an injuntive order because irreparable harm must be shown in order to get one and anything being done here was correctable. Regardless of what Burger King does in the right-of-way the City Council can order in curbs and sidewalks and correct the situation. C. Ruiz asked about the arrest procedure and stated that residents don't get away with violations. Attorney Neier said that if he was arrested and charged he would enter a not guilty plea and would go to trial. The ordinance provides for ticketing and a $300 fine for failure to obtain a permit. He cannot be arrested where only a fine is allowed - it wouldn't stand up in court. Surveyor Zavodny pointed out that Mr. Weaver himself is not working in the ROW, and if contractor's were ticketed for $300 word would soon spread. C. Schindler felt that the City owed it to residents and all other contractors to enforce the standards. The Committee agreed to order in curbs and sidewalks at the July 7 Council meeting. In the meantime: Chief Stefanie brought up again that this is not an arrestable offense because there is no inclusion of arrest in the ordinance. • He felt the City would get alot farther using civil (preponderance of evidence) procedures rather than injunctive (criminal). Broader and more permanent effects could be achieved using civil procedures. C. Palmer stated that to let the work continue and then demand that it be redone was going too look foolish. A letter stating the proper steps for compliance should be sent to Mr. Weaver. The question of revoking the occupancy permit was raised. Ken Jackson was not sure he could tie the occupancy permit to out -of -structure items. There was discussion of what the difference was between Burger King and Ewings, car wash, and laundry - why aren't they being ticketed? The bottom line is that the City is working with them and they are willing to correct the problems - Burger King is not. DPW Hammer raised the problem of holes that are a danger and a liability. City crews put up cones and ribbon for safety and the next day Burger King took the City barricades and used them on private property, leaving the hole unprotected. If someone injures themselves who is paying the liability? C. Schindler asked what would happen if a resident put a fence in the right-of-way - can't the City do anything? Ken Jackson said all he could do was try to convince them to go by the City ordinances - there was nothing to force the individual to comply. C. Palmer stated that the ordinances must have "what if's" - penalties. Attorney Neier stated that for purposes of future litigation the Public Works Director should be logging what is going on. • It was agreed that with the major construction going on and the holes and equipment it was not safe for the pbulic and perhaps OSHA could be of help. The Committee agreed to ask the Council to do the following: Order in r PUBLIC WORKS COMMITTEE June 18, 1986 Page 4 curbs and have the Mayor send a letter stating that the lights, conduit, signs and curbing not meeting City Standards must be removed from the ROW and any preliminary site plan approvals are withdrawn. C. Palmer felt that they should be fined every day until they were in compliance and have the proper permit. TRANSFER OF 3 FTE FROM GARBAGE TO STREET DEPARTMENT - The Mayor explained that bodies were needed in the Street Department and asked if the Garbage guys should be laid off and then given an opportunity for temporary emplyment in the Street Department. Attorney Neier is to decide on the proper procedure for this situation. ajg 11 11