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10-10-89 Public Works Comm MinutesR �J • • Attendance: Schindler. PUBLIC WORKS COMMITTEE MINUTES OCTOBER 10, 1989 0:15 a.m. Chairman Hopkins, Councilwoman Hafferman, Councilman Others Present: Mayor Kennedy, City Attorney Neier, DPW Hammer, Surveyor Zavodny. AIR QUALITY DPW Hammer reported the Air Quality Ordinance is completed. He is concerned that the definition of a parking lot will cause confusion in the future. City Attorney Neier has informed him the definition of a motor vehicle is defined by state law which does not include equipment storage. Discussion took place regarding defining parking lot to reflect exceptions. The Committee agreed the definition should be made clear. DPW Hammer informed the Committee the demolition portion of the ordinance does not define any standard for demolition/construction to determine if someone is violating the Air Quality Ordinance. ROGER PALES DPW Hammer reported he has been contacted by Mr. Pales regarding the control of parking during fair times on 7th Ave. W.N. Apparently, persons are parking on his street and lawn. Mr. Pales is requesting the City to place No Parking signs on this street. DPW Hammer stated the signs could be placed temporarily during fair times. Surveyor Zavodny stated he is unsure of ownership of the road. DPW Hammer stated Surveyor Zavodny will research ownership and report back to Committee. BANNER POLICY DPW Hammer stated a letter was received from a representative of the Artists and Craftsman Guild requesting the Council to reconsider the Banner Policy. The letter could not be located in the Public Works Office and the person was not notified to attend the meeting. C. Hopkins and City Attorney Neier arrived at the meeting. C. Hopkins stated having persons present who request to have banners placed over Main St. may help in arriving at an alternative. This item was referred to future agenda. DPW Hammer explained previous discussion regarding the Air Quality Ordinance and the definition of a parking lot. City Attorney Neier stated the definition of a parking lot is the temporary storage of motor vehicles. Under Montana Law heavy equipment is defined as special mobile equipment and is not considered as motor vehicles. A parking lot used for the temporary storage of motor vehicles cannot be used to store special mobile equipment. C. Hafferman questioned if this will be defined in the ordinance. City Attorney Neier responded motor vehicle is stated in the ordinance. C. Hafferman stated the ordinance does not completely define all alternatives for dust abatement. The property adjacent to the high school football field is being used for parking but the Committee does not believe this property should be paved. DPW Hammer stated an ordinance exists at present which requires all lots within the central business district to be paved. City Attorney Neier stated the drafted ordinance lacks specifics regarding demolition. There is not a standard in the ordinance. The ordinance requires paving of parking lots and use of specification for road sanding material. • DPW Hammer stated air quality will allow grass to be used as dust abatement material if the Council believes this to be acceptable. The property used for parking adjacent to the football field is grass. Surveyor Zavodny questioned the paving of areas for drive -through businesses. The ingress and egress of vehicles may be more than a parking area. City Attorney Neier excused himself from the meeting. After further discussion C. Hopkins suggested and the Committee agreed to recommend modifications to the ordinance as follows: Reference, Section 5 Parking Lots -Definitions - include "a parking lot for the purposes of this ordinance does not include lots for storage of special mobile equipment as defined by MCA..." at the end of the first paragraph, and, #3 - compliance plan; "a plan and schedule of implementation to improve an unpaved parking lot by paving, routine application of dust suppressants or other effective methods to control fugitive dust" this statement should read "...routine application of dust suppressants including grass..." this will eliminate some concern for the high school football field, county fairgrounds, etc., and, Private Driveways -- the section which states "Within the City of Kalispell no person or government • or private entities shall allow the operation, use, or maintenance of any existing parking lot" should include "or private drive - through business lanes, which has a parking area greater than 5,000 sq. ft. or parking capacity greater than 15 vehicles" also include "or traffic volume greater than 50 vehicles a day, unless a compliance plan has been filed and approved by the Department", also: change $500.00 fine to include jail term upon confirmation from the City Attorney. 0 MAINTENANCE AGREEMENT DPW Hammer presented written draft of the proposed maintenance agreement between the City of Kalispell and the State Highway Department. He has researched agreements of Billings and Missoula and incorporated ideas into the proposed draft. The Highway Department refuses to use specified sanding materials and the City will have to sand the highways within the city limits. Liability is a question if an accident should occur. DPW Hammer stated the highway department is requesting two years before enforcement. The City cannot force compliance of the state. If the state refuses compliance, EPA has requested notification. The state receives federal funding and EPA is a federal government agency. DPW Hammer stated EPA does not have a problem with postponing enforcement for two years if the City Council approves. The Committee agreed that EPA should enforce the agreement regarding sanding materials and that the Committee is not willing to approve postponement. DPW Hammer stated the City of Kalispell has been performing functions for the highway department as well as the county in Evergreen, south of town, Olney, Libby, etc. Traffic signal maintenance is billed at low estimate. Recently, the City received billing from the highway department for $7,800.00 for striping. This may have been contracted for less. Highway Department billing to the City has occurred for approximately one year. DPW Hammer stated under a comprehensive maintenance agreement items will have to be paid. Missoula receives $380,000 for services rendered. C. Schindler stated a representative of the Highway Department should be included in any discussion of a maintenance agreement after figures for services have been determined. Surveyor Zavodny stated that not being paid enough for services rendered may not more be important than the City not having personnel for fulfilling City requirements. 5TH AVE W C. Schindler expressed concern for 5th Ave. W. funding coming from a tar, increment bond which people will be paying on for 20 years and the street is falling apart after two years. He questioned a particular area for failure. Surveyor Zavodny responded the area in question is a subbase • failure, not a paving failure. DPW Hammer stated tha street department has reconstructed 160 blocks in five years and have not yet had this problem. C. Schindler questioned available recourse. DPW Hammer respniiided that City Attorney Neier believes there is no recourse as 5th Ave. W. was a design problem. The engineer is in disagreement. Surveyor Zavodny stated that although the City of Kalispell placed asphalt the city did not design or construct the street. If decision is that it is an engineering problem, the City of Kalispell may now have a claim against the engineer. C. Hopkins suggested the contractor, engineer, and city attorney come before the Committee for discussion. The Committee was in agreement. Surveyor Zavodny stated one of the accusations may be that the city did not blade or roll the crushed gravel correctly nor did the city place or roll the asphalt correctly. If the city cannot defend this point, the meeting should not take place. He referred to a list of items which are a hazard and a direct responsibility of the contractor. The list was prepared by the engineer. C. Hopkins questioned if the city's work involvement can be defended by taking core samples. DPW Hammer responded tests were run and results were acceptable. •DPW Hammer offered to write a letter to the engineer requesting clarification of deficiencies prior to any meeting taking place. The Committee agreed. DPW Hammer stated penalties are not specified in the contract. MISSION LANE ABANDONMENT Surveyor Zavodny presented a copy of the Public Works Committee minutes dated July 20, 1989 which state Mission Lane will be abandoned if there is verification of the property owners from the County Clerk and that there are no other property owners. This request has been satisfied by Surveyor Zavodny and the Clerk/Recorder. The Committee agreed to recommend to City Council the abandonment of Mission Lane. ISLAND ANNEXATIONS DPW Hammer stated the Public Works Committee should be involved in decision to annex roadways within the island annexations. Any time the city accepts a county road the city should have the cooperation of the county to bring the road up to standards. The newspaper article which resulted from DPW Hammer meeting with the County Commissioners reads as if the city and county have an agreement on Meridian Road. Mary Atkins has stated the County Commissioners have agreed with the newspaper article. The agreement is that the County will give the city 2,000 tons of hot mix, trucking, and gravel for Meridian Road. The unresolved • issue is curbing. Surveyor Zavodny stated red flagged stakes have been placed on Meridian Road and staking will increase from 7th St. to Center St. He requested Council members to observe the stakes as they represent an extension of the road as it is along the school and also to note that from 2nd to 4th is curbing and is extended north to Center St. and south on the same bearing to 7th. The road is 33' wide which does not leave room for good sidewalk on either side. He would like to shift the road slightly to the west and narrow to the width of 5th Ave. W. which is 31'. This will allow sidewalks to be designed on the east side. Surveyor Zavodny stated he would prefer the Annexation Committee meet with the Public Works Committee in conjunction with annexing the island roads. This would outline the responsibility of maintaining particular roads. Also, he will prepare a map of the roads for explanation purposes. DPW Hammer stated the city can annex a county road that is in the city limits and the county will still have maintenance responsibility. The city can assume maintenance responsibility through an agreement. Adjourned 10:01 A.M. ss • •