HomeMy WebLinkAbout04-03-1995RECORD OF OFFICIAL ,PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 24 April 3, 1995 4443
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A-1 President Hunziker called the meeting to order at 7:00 P.M., the
following members being present: President Hunziker, Councilmembers
Canfield, Evans,McConnell, Myhrom,'Senjem and Stobaugh. Absent:None.
B-1 A Hearing on the proposed annexation by Richard Bryan and James
Delano at the Northeast Corner of Salem Road S.W. and West Circle
Drive S.W.
Wishing to be heard was Leo Hagen of 3025 Salem Road. S.W. and
wondered if this area was annexed if he would lose the ROW over
the driveway that he is now using. Wishing to be heard was Richard
Bryan, §i petitioner and he stated that this easement was granted to
Mr. Hagen and he would have this permanently over the driveway.
Having no one else present that wished to be heard, President
Hunziker closed the hearing. Senjem moved, Stobaugh second to
instruct the City Attorney to prepare an Ordinance for adoption.
Ayes (7), Nays (0).Motion carried.
C-1-6 I Canfield moved, McConnell second to approve the consent agenda as
follows:
C-1 Approve the minutes of the March 20, 1995 meeting..
C-2 Adopt Resolution No. 151-95 authorizing the City Clerk to advertise
for bids for a 1995 Model Motor Grader with reversible front plow
and two side mounted snow wings. Bids to be opened at 11:00 A.M.
on May 4, 1995.
C-4 Approve the following licenses and bonds:
GAMBLING - Paws and Claws Humane Society - Raffle Nov.18 and 19,199
HEATING CONTRACTOR - Northwest Services, Roch.Mn and Palm Brothers;I c.
Minneapolis, Mn.
MASTER INSTALLER - Gary Jacobson of Deerwood Minn. and Tom Hewitt
of Mpls, Mn. and John C. Gander of Roch.Mn.
SIDEWALK CEMENT - William Russell Construction, Roch.Mn.
SEWER AND DRAIN - Rochester Landscaping Services, Inc. Stewartville.
SIGNS - Sign Art Company, Mendota Hgts, Mn.
MISC. STREET USE - VFW Post 1215 Loyalty Days Parade 4-30-95
VFW Annual Buddy Poppy Day Sales - 5-5• and 5-67, 1995 City Streets
and Shopping Centers.
C-3 Adopt Resolution No. 152-95 approving an agreement for Engineering
and Architect services for the replacement of interior and exterior
signs at the Rochester Municipal Airport. This is with McGhie and
Betts, Inc.
C-5 Approve the Accounts Payable in the amount of $2,142,183.97.File
is in the City Clerk's Office..
C-6 Adopt Resolution No. 153-95 authorizing the City Clerk to advertise
for bids for one sludge application vehicle. Bids to be opened at
11:00 A.M. April 20, 1995.
Ayes (7), Nays (0) Motion carried and the Consent Agenda was adopted,
rRECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4444 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 24 - April 3, 1995
Agenda
Item
E-1 Senjem moved, Stobaugh second to approve the transfer of $250.00
from the Contingency Acct. to provide the City of Rochester's
participation in the Re -Inventing Government Teleconference .
This will also include the County of Olmsted being involved too.
Ayes (5), Nays (2). Councilmembers McConnell and Myhrom voting nay.
Motion carried.
E-2 Evans moved, McConnell second to instruct the City Attorney to prepare
an Ordinance amendment reducing the Civic Music Board Members to
15 members. Ayes (7), Nays (0).Motion carried.
E-3 Canfield moved, Stobaugh second to adopt Resolution No. 154-95
authorizing the submission of the revised proposal for a Hazardous
Materials Response Team. Dave Kapler, Fire Chief would administer
any contract after it has been approved for execution by the Council.
This would also authorize the execution of a contract with the State
of Minnesota concerning the hazardous materials regional response
team program, and any and all other documents needed.
E-4 Evans moved, Stobaugh second to approve the execution of a Developmen•
Assistance Agreement with Midstates Retreading and Wholesale , Inc.
The expansion will createnew jobs(9-10 new jobs) Midwest Dev.
Assistance Agreement.is that $20,000 be_paid--upon completion of the
improvement with an additional $8,334 be paid in December of 1995-
1997. Resolution N6.:155-95_is'adopted:
E-5 Senjem moved,''Evans second to -adopt Resolution No. 156-95 approving
Change Order No. 2 to the Knutson Construction Co. in the amt of
$18,305.00. This was used to remove undesirable soil from the
site. Ayes (7), Nays (0).Motion carried.
E-6 Stobaugh moved, Canfield second to adopt Resolution No. 156A-95
approving Change Order No. 5 in the Benike Construction Library
Contract. This is in the amt. of $30,906.00. and is for electrical
modifications. Ayes (7), Nays (0).Motion carried.
Utility
E-7 Discussion was held on the request by the Rochester Public/Board in wl
to reject bids submitted for a bid which they presented —
of a tractor backhoe with Ziegler being the low bidder in the amount
of $101,319.00 and with La Crosse Truck Center for a tandem axle
truck (dump truck) in the amount of $58,319.00 ( LaCrosse Truck Centel
being the low bidder for the truck ). After much Council discussion
and listening to Mr. Nordeen Soma of 62,9 Southtown H.ts. Dr SW. Mr. Si
is opposed to this sort of.., bid. He stated that you really need thi
service that he offers and has been doing for the City Public Utiliti(
for a period of years. Mr. Soma stated that he has the large machine!
plus the staff and can be at a break in the watermain within 2 hours.
He would like to see the City still do business with him and pointed
out that one backhoe and a dump truck will not be enough manpower
to gets breaks fixed fast. He recommended not awarding this bid.
Wishing to be heard was Robert Pawelski of the Roch.Public Utility
Office. He urged the Council to purchase these pieces. He stated that
he could save $50,000. and granted he did not have the man power
ich
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 24 - April 3, 1995 4445
Agenda
Item
E-7 that Mr. Soma had but he felt that RPU could do just as good a job
and could save money. After discussion by the Council
Canfield moved, Stobaugh second to approve the two resolutions as
submitted by the Public Utility Board. Ayes (2), Nays (5).,
Councilmembers Evans, Myhrom, McConnell,.Senjem, President Hunziker
voted nay. Motion did not carry. The RPU will continue to do
business with Mr. Soma.
E-8
Senjem moved, Stobaugh second to adopt Resolution No. 157-95
approving the transfer of $285,392.82. Balance remaining is
$239,607.18. Ayes (7), Nays (0).Motion carried.
E-9
Canfield moved, McConnell second to adopt Resolution No. 158-95
awarding the bid to ASI Sign Systems for $30,330.18 for the New
Public Library. Ayes (7), Nays (0).Motion carried.
E-10
Canfield moved, Stobaugh second to approve the obtaining of legal
services for the Low Income Housing Tax Credits from Leonard Street
and Deinard and discontinue service with Holmes and Graven
effective immediately. This was due to a transfer of Barbara
Portwood, Attorney who moved from one law firm to another. She has
been working with the City and has done a good job. Ayes (6),
Nays (0). Myhrom .abstained.
E-11
Senjem moved, McConnell second to adopt Resolution No. 159-95
approving a contract for Professional Services with David M. Griffith
and Assoc. to have prepared a Fleet Maintenance Operation and
Facilities Assessment Study. After Council discussion, Mr. Richard
Freese of the Public Works Dept. stated that this is a good idea and
should save monies in duplication of service in some areas and
he urged the Council to approve this. Ayes (7), Nays (0).Motion
carried.
E-12 Discussion was held on the request to award a.low bid for the
1995 restoration work in First Street Ramp. Wishing to be heard was
Chad Warren an- employee with Paragon Construction Co. of St. Paul
and Dave Park, owner of Paragon Const. Co. The focus of the
conversation was the bonding required with the contract when said
contract would be awarded. The City required a five year warranty
bond for the full value of the work. The company stated that they
could not find a company willing to underwrite such a bond.
One of the companies bidding the project could secure such a bond
and that was B/A Associates, Fridley and they were third high
bidder with a total of $249,480.00.
Mr. Park also stated that several other plan holders did not submit
a bid because of this bonding requirement.
Paragon was the low bidder with the amount of $211,829.75. They did
not submit the bond nor did the other two bidders that submitted
bids on this project. They stated that Paragon would give them
five years warranty from the company, but a bond so stating was
not a common practice for this sort of work.
RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
4446 CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 24 - April 3, 1995
Agenda
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Paragon has been in business for 20 years and their work is good.
Councilmember Myhrom asked how long a warranty they were willing to
make on the work for this ramp. Mr. Park stated that they guarantee
a new concept for two years, but the engineering company said that
up to five years can be expected.
Dave Rossman stated that they would like to get this ramp work
finished before a couple of major conventions.come to town.
Richard Freese, Public Works Director also stated that the re-
surfacing should last from five to seven years.
Based on the discussion with Paragon and questions by the Council
Senjem moved, McConnell second to reject the bids and rebid this at
a later date. Ayes (6), Nays (1). President Hunziker voted nay.
Motion carried.
Senjem moved, Canfield second to adopt Resolution No. 160-95
approving the following action:
1. An agreement with the DM & E RR to improve the crossings at
2nd St. S.E. , 1st St. S.E., E Center and 1st St. N.E.
2. Advance Project # 29 from the 1996 CIP to 1995 and transfer_of
funds.
3. Retain McGhie and Betts to prepare the plans.
4. Authorize $43,534.87 from the future construction fund.
Ayes (7), Nays (0).Motion carried.
Senjem moved, Evans second to adopt Resolution No. 161-95
authorizing the City Clerk to advertise for bids for the installatio
of a Traffic Signal - City Project # 9457 J 6371. Bids to be
opened at 11:00 A.M. April 26, 1995. Ayes (7), Nays (0).Motion
carried.
Stobaugh moved, Evans second to adopt Resolution No. 162-95
approving the purchase of the 1973 Homes of Harmony Mfg. housing
unit on Lot 131 Oak Terrace Park for $9,000.00. Ayes (7), Nays
(0).Motion carried.
Canfield moved, Stobaugh second to adopt Resolution No. 163-95
authorizing staff to apply to the MPCA to include both the SLF and
the sludge lagoon in the VIC Program. Ayes (7), Nays (0).Motion
carried.
Senjem moved, Stobaugh second to approve the issuance of a house
moving permit for Habitat for Humanity for homes at 1206 Fourth
St. S.E. and 403 13th Avenue S.E. and waive the fees. Ayes (7),
Nays (0).Motion carried.
An Ordinance annexing to the City of Rochester approx. 20.77
acres of land located in a portion,of the NW 1/4 of Sec. 13,Twp
106N R 14W, Olmsted Co. Mn. (Seneca Foods ) was given its first
reading - March 20, 1995. Senjem moved, Stobaugh second to suspend
the rules and give this a second reading. Upon Roll Call vote,
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RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL
.CITY OF ROCHESTER, MINNESOTA
Regular Meeting No. 24 - April 3, 1995 4447
Agenda
Item
F-1 Councilmembers Canfield, Evans, McConnell, Myhrom, Senjem ,
Stobaugh and President Hunziker voted aye. Ayes (7), Nays (0).
Motion carried and the Ordinance was given its second reading.
Senjem moved, Evans second to adopt the Ordinance as read. Ayes
(7), Nays (0).Motion carried.
F-1 An Ordinance Rezoning to certain property to be known as M-2
(Seneca Foods ) was given its second reading. McConnell moved,
Canfield second to suspend the rules and give this Ordinance a
second reading. Upon Roll Call vote, Councilmembers
Canfield, Evans, McConnell, Myhrom, Senjem and Stobaugh and
President Hunziker voted aye. Ayes (7), Nays (0).Motion carried.
F-1 An Ordinance amending the Subdivision.4 of Sec. 125A.04 and Sub. 3.
of Sec. 125A.21 of the RCO Relating to Sunday Sales of Intox-
icating Liquor was given its second reading. McConnell moved,
Evans second to adopt the Ordinance as read. Ayes (7), Nays (0).
Motion carried.
F-1 An Ordinance amending Sec. 1 of Ord. 2977 which provided for the
annexation to the City of Rochester of Dallman's Sub. including
the platted ROW, Olmsted Co. Mn. was given its first reading.
( corrected a property des. ). Evans moved, Canfield second to
suspend the rules and give this Ord. a second reading. Upon
Roll Call vote, Councilmembers Canfield, Evans, McConnell, Myhrom,
Senjem, Stobaugh and President Hunziker voted aye. Ayes (7),
Nays (0).Motion carried and the Ord. was given its second reading.
Evans moved, Senjem second to adopt the Ord. as read. Ayes (7),
Nays (0).Motion carried. -
F-1 An Ordinance Annexing to the City of Rochester approx. 41.32
acres of land located in a portion of the W 112 of Sec. 9,
T,wp. 106 N R 14W (Bryan and Delano) was given its first reading.
F-1 An Ordinance Amending Sec. 18.01 and 18.14 of the RCO Relating
to the number of members on the City of Rochester Music Board
was given its first reading. ,
F-1 Stobaugh moved, Canfield second to adopt Resolution No. 164-95
approving the owner contract for Basic Construction of Mayowood
Common - Phase II, Mayowood Enterprises and Elcor Const. Ayes
(7), Nays (0).Motion carried.
H-1 Senjem moved, Evans second to adopt Resolution No. 165-95
calling upon legislators and the Governor to pass major
worker's compensation reform which will make Minnesota's worker's
compensation rates comparable to those of surrounding states.
Ayes (7), Nays (0).Motion carried.
Having no further business, Senjem moved, Stobaugh second to adjourr
the meeting. Ayes (7), Nays.(0).Motion carried.
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City Clerk