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HomeMy WebLinkAboutPublic Works Committee Minutes 01.08.2001 MINUTES PUBLIC WORKS COMMITTEE JANUARY 8, 2001 7:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Chairman Gay Easton Gary Temple Bill Staudinger Lorraine Craig (7:18 p.m.) John Oakes Mark Mace Ed Steffans Dan Meats OTHERS PRESENT: Larry McCann Matt Erekson Paul Thomae Sandy Thomae Chuck Dickerson Jeanette Koch Bud Johnson 0eft at 7:10 p.m.) Stewart Kirkpatrick Larry Tanglen Unloading at Thomae Lumber Gay Easton stated that the City Council voted to rescind the ordinance that allowed Thomae Lumber to have loading zones on Washington and Wyoming Avenues at the January 2, 2001 meeting. The Public Works Committee now needs to develop a solution to resolve the issues of safety and the condition of the streets. Paul Thomae stated that the original issue was the condition of the streets, and now the safety issue has become important to the city. There have been no accidents in the eighteen years that Thomae Lumber has been unloading on the streets. Paul used the chalkboard to diagram that there is not enough room to unload inside the lumberyard. They recently tried to cone off the area while unloading, but several cars drove through the cones. He offered to build an approach and install a gate on Washington Avenue. There was a lengthy discussion regarding many issues: unloading inside the lumberyard; having the loading zone against the curb; having the loading zone from curb to curb in order to unload both sides of a semi; using the alley for unloading; the need and costs required to build the streets with the proper base; Paul's willingness to maintain the streets if they damage them once they are properly built; damage to the streets that has been caused by water and weather; indemnification; adding the City of Laurel as an additional insured under Thomae Lumber's liability insurance; closing the streets using cones or barricades while unloading. Stewart Kirkpatrick, the attorney for Thomae Lumber, stated that a solution needed to be worked out so that Thomae Lumber could salvage and continue the business. He stated that a contract could easily be worked out regarding the responsibilities and duties of each party involved. Public Works Conumttee minutes of January 8, 2001 Mark Mace stated that the forklift causes damage and that the city's streets are not in good shape. He suggested that a decision should be made on how to keep Thomae Lumber in business and allow him to use the street. Mr. Thomae suggested that he could install an approach on Washington in order to stay off Main Street, which Mark felt was a viable solution. If traffic could be stopped long enough to unload, Mark suggested that the committee should consider this option. Any further damage to the streets could be addressed through the Public Works Director. Paul Thomae stated that he would unload on his property if at all possible in order to avoid the stress and conflict involved in the situation. Mr. Kirkpatrick agreed that forklifts and cars do not mix. He suggested that no traffic should be allowed on the streets during unloading. He stated that Paul has agreed to indemnify the city in the event of an accident or claim. The City of Billings approves adding the city as an additional insured on insurance policies, which is a standard practice according to Mr. Kirkpatrick. Gary Temple stated that the council previously agreed to accept a similar insurance policy for indemnification with the Laurel Volunteer Fire Department to allow alcohol in the fire department. He stated that it would be discriminatory to change the policy and not allow it in this circumstance. Smokey Staudinger suggested the use of horse arm barricades and signage to provide a more secure way to close off the street during unloading. The attorney agreed that it would be a viable solution, and asked for the committee's assistance in coming to an agreement with Paul Thomae. Gay stated that any agreement should require a yearly review. Motion by Gary Temple to recommend that the council approve a loading zone for Thomae Lumber on Washington and Wyoming Avenues, requiring the use of cones, barricades or signage to be placed from the alley south to Main Street, and to allow Paul Thomae to cut the curb for an approach and install a gate from Washington to his property and requiring completion of the work by June 1~t, seconded by Bill Staudinger. Larry McCann suggested an alternative way to unload inside the lumberyard. Paul stated that there was not enough room to unload and also store materials inside the yard. Motion by Gary Temple to amend his motion to require Thomae Lumber to add the City of Laurel as an additional insured on their liability insurance and to require an annual review of the loading zone agreement, seconded by Bill Staudinger. A vote was taken on the amendment to the original motion. Motion carried. City Attorney Matt Erekson stated that he would need to review the insurance policy and to research the necessary signage. Larry McCann stated that an ordinance cannot be written for 2 Public Works Committee minutes of January 8, 2001 particular individuals or businesses. An ordinance applies to everyone within the City of Laurel. Situations such as this should be included in the rules and regulations that are being proposed. Matt Erekson stated that the City of Laurel's liability insurance is for $1.5 million per incident policy. Thomae's policy would be a total $2 million per year policy. The coverage would be dependent upon the actual verbage for whatever insurance policy Thomae would obtain. When Matt contacted the city's insurance carrier, he indicated that our premiums should not be affected if we can get the proper insurance from Thomae. MMIA would become the second insurer in this circumstance. Stewart Kirkpatrick and Matt Erekson agreed to work together to provide the insurance policy and to draft an agreement for review. A vote was taken on the motion as amended. Motion carried 7-1, with John Oakes voting nay. Budget billing for water and sewer Chuck Dickerson requested that the committee consider implementing budget billing for water and sewer billing. Since the new water rates have been in effect for two years, he suggested that an average could be determined. He stated that fixed income residents would benefit from budget billing. Motion by Gary Temple to recommend asking Clerk-Treasurer Mary Embleton to explore the option of budget billing and to make a recommendation to the city council, seconded by Bill Staudinger. Motion carried. Jeanette Koch, the Water Clerk, stated that the city's losses would increase greatly if budget billing were implemented. She explained that a resident would be paying less that what would be owed during part of the year. If someone moved out of town without paying their bill during that time, the loss would be great. Budget billing would not be an advantage to the City of Laurel. Jeanette stated that she has rarely had a customer ask regarding budget billing. Collection of annual service fee for all water users The Montana Department of Environmental Quality assesses an annual $2.00 fee for all water users. The city may lawfully pass on the said fees to its water customers without public notice or public meeting. Jeanette requested a recommendation for the council to approve a resolution to collect this fee. Motion by Gary Temple to recommend approval of the annual $2.00 fee for all water users, seconded by Mark Mace. Motion carded. Public Works Committee minutes of January 8, 2001 Time for Public Works Committee meetings The committee discussed the time for the meetings. Motion by Gary Temple to change the time for the Public Works Committee meetings to 5:00 p.m., seconded by Mark Mace. Motion carried. Respectfully submitted, Cindy Allen Council Secretary 4