03-25-87 Public Works Comm Minutes%*-
• March 25, 1987 PUBLIC WORKS COMMITTEE 4:00 P.M.
Chairman Ruiz and Councilman Palmer in attendance. DPW Hammer, Attorney
Neier, Surveyor Zavodny, Construction Inspector Van Dyke, Chief Stefanie and
Calvin Beringer from Cavanaughs also present.
BURLINGTON NORTHERN PARKING LOT - The minutes of the March 10 and February
11 Parking Commission meetings were referred to. The capacity of the lot was
discussed - Chief Stefanie stated that they have been considering the capacity
approximately 120 cars. In January 67 quarterly permits were sold, and 20
permits for the month of January only. In February 18 permits were sold for
the month. In March 16 or 17 monthly permits were sold. These would be in
addition to the 67 quarterlies sold. That would make usage in the 80-90 vehicle
range. The second quarter is just starting, but Chief Stefanie anticipated
that not nearly as many will be sold because with Ed Myers gone there would
probably not be the follow-through there was before. C. Palmer questioned
the opening of a new lot across the street when this lot was not to capacity.
DPW Hammer said the only concern he had with the Mall Parking Lot, was that
if the City was party to a lease with the Mall and there were no crosswalks
across Main Street, and no proper signage instructing pedestrians to use -crosswalks
there might be some liability to the City. Chief Stefanie, drawing from a
recent study by his department on parking, said that the parking lots downtown
are running approximately 60 - 70% occupancy (based upon a 4 day study). C.
Palmer recommended bringing the BN lot into line with the arrangements for
the other downtown lots, and if the arrangement is made gravel should be added
• to the lot to make it easier for walking. Chief Stefanie asked about the street
sweepings, but DPW Hammer said the material was not suitable for that type
of use. The Committee recommended approving the Parking Commission suggestion
to write to Jim Cook concerning a change in the lease arrangement.
KALISPELL CENTER MALL PARKING LOT - The original proposal was for 65 spaces
at the east end of the mall parking lot. DPW Hammer read the Parking Commission
minutes concerning the proposed lot. Calvin Beringer stated the space in question
is not used unless there is a major convention. He was not sure who had initiated
the suggestion for leasing of the spaces. C. Palmer stated that at the last
Parking Commission he attended it was mentioned that because there were so
many people parking there (attorneys, financial people, etc.) it would be great
if something could be worked out. He also said he didn't see that it would
make any difference, because what was to keep people from parking elsewhere.
He sees us fencing them out rather than fencing them in. Mr. Beringer said
he has been keeping an eye on the area and those who were parking there before
the newspaper article are no longer there, but they are also not in the Mall
lot, so he wasn't sure where they went. C. Ruiz asked about the liability,
and also asked what would stop the B&B and Sykes from requesting this same
arrangement. C. Palmer explained that there were many lots with arrangements
like this. The bank lots are partially customer parking and partially leased.
Chief Stefanie confirmed this and gave examples. He went on to express his
concern that even though more and more lots have been added there has been
no addition to the enforcement personnel (meter maid), while at the same time
there is more and more criticism that she is not getting the 2-hour on -street
enforcement as well as she should. He said it creates a credibility problem.
An additional meter maid was discussed, and Saturday enforcement. Attorney
Neier was concerned about confusion. C. Palmer asked why, if Cavanaugh's was
going to start issuing warning tickets, didn't they just sell permits to lease
those spaces themselves. The Committee agreed to take it to the Council April 6
for discussion.
PUBLIC WORKS COMMITTEE
March 25, 1987
Page 2
PATCHING ORDINANCE and EQUIPMENT DAMAGE POLICY - DPW Hammer explained
that he had drawn up an ordinance guideline dealing with contractors getting
into the streets, as well as an equipment damage policy that he would like
to make a policy in the Public Works Department regarding damage to City
equipment. He asked that the Council take a look at them, and bring it up
for discussion at the next meeting.
JUSTICE CENTER APRONS AND CURBS - The Public Works Department received
a letter from the County Commissioners concerning the City construction standards
on the Justice Center. After a lot of disagreements what the letter is saying
is that they plan to proceed with the alternate design proposed by the architect
which deletes the radius curbs and replaces them with drop curbs, which is
what we asked for, however, "asphalt will be taken through the sidewalk and
terminate the curb as originally designed." Surveyor Zavodny explained the
Commissioners proposal in detail. DPW Hammer said that originally they wanted
to put asphalt where the sidewalks belong in the driveway, but backed down
when the City insisted. They had four major problems, three have been aa'dressed,
but this one remains. They are saying that the City approved the site plan
so that is the way they are going to do it. Surveyor Zavodny explained that
an example of what the City does NOT want is Taco Johns, and he said they had
allowed that to see how it would work and are not happy with it. C. Palmer
• asked what the problem was other than esthetically. Surveyor Zavodny said
that the Standards had been changed after Taco Johns was done at the suggestion
of some of the Council, because they felt that it was much better to delineate
the sidewalk. The City Standards do not even allow what the Commission is
saying they are going to do. Attorney Neier asked if there was another set
of site plans, and DPW Hammer answered they were in the Building Department
but they all showed this problem the same. The issue seems to be $4,000 -
but at the City's prices it would be approximately $1,700. Construction Inspector
Van Dyke said the Commissioners have been railroaded on many changes on the
Justice Center and they were just saying no to everything. DPW Hammer said
the Commissioners are saying that they don't know whose fault it is and they
don't care, they are not going to have another change order. Architects Design
Group is saying that the City approved this and so its too bad. Even if a
mistake is made contrary to the ordinance it does not allow them to ignore
the Standards. C. Ruiz stated that if that were the case the Construction
Standards wouldn't mean anything. C. Palmer asked if it wasn't a problem to
the contractor paving to do the job right. Surveyor Zavodny said we should
ask ourselves whether we want breaks in the sidewalk for different materials.
C. Palmer said the City had butted heads with the County once before on the
Justice Center, and he feels that if the Committee is going to say "Do it"
there should be a way to make sure it gets done. Surveyor Zavodny pointed
out the problem of the small contractor pointing to the deviation from the
Standards on the Justice Center job and using that to prove he shouldn't have
to conform to the Standards either. C. Palmer also pointed out that with the
sidewalk there it clearly delineates it as a pedestrain crossing - and if someone
were to get hit there the liability to the City would be great if we had not
• enforced our Standards. C. Ruiz asked what teeth the City has - the same as
we had at Burger King? Surveyor Zavodny said the City would not issue a permit
to work in the ROW unless the work was done right. C. Palmer said to start
the letter to the Commissioners off by suggesting they remember that the City
closed the street off for them, that we gave additional parking, that they
are not meeting the parking requirements, that the City has cooperated in all
PUBLIC WORKS COMMITTEE
March 25, 1987
Page 3
these cases, but that the City cannot deviate from what we expect everyone
else to do. Being a public right-of-way we expect them to do it. DPW Hammer
said that Architects Design Group have our construction standards and they
should not even have submitted this. C. Palmer suggested that be added to
the letter, with the point that correct design is what the county pays them
for. DPW Hammer said that if we can't make them do it, then perhaps we should
use some Tax Increment monies to see that the job is done right. He gave
examples of this and said that it needs to stop sooner or later - the people
making the errors should pay rather than the taxpayers. If the City makes
a mistake we take the blame and the credit - it should be the same for the
contractors and engineers. This is another example. C. Palmer made a motion
that the County be made to comply with the Standards. C. Ruiz agreed.
1ST INTERSTATE BANK REMODELING - DPW Hammer said the bank has requested
permission to put in colored sidewalks (as aprt of their logo) and while it
sounds pretty he plans to say no. If they want to go to the Council and over-
ride him they will have to do that. If the City allows people to start -putting
in designs and colored sidewalks it could be a disaster.
EMPLOYEE CALLBACKS - DPW Hammer said that most employees are being called
back in the next day or two, except Leonard Hogan. He stated that technically
he should have been called back, but he will be going to Guard camp after working
only a couple of days, and the City would have to pay for the three weeks at
camp. So a letter was sent to him asking him to report for work after camp.
If he accepts that we'll be ahead, and if he files a grievance we'll have to
pay the three weeks anyway. Employees being recalled were all sent letters.
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