Committee Minutes

MINUTES/PUBLIC SERVICE COMMITTEE
Monday, November 24, 1997 - 7:00 p.m.

Members present: Hagness, Hafner, Klave, Lucke.

1. Matter of bids for landfill compactor.
Dick Newman, solid waste mgr., reported that information has been presented several times and he was here to answer any addi-tional questions they might have.

Jim Eck, 5512 Belmont Road, representing Butler Machinery and Caterpillar, stated he would like to point out several things that were brought up at the council meeting last Monday, is not bringing up any information that was not submitted in the bid. Item 1: that any bids with deletions, variations, or exceptions to the specifi-cations submitted without said letter will be considered non-responsive and will be rejected. He stated that they did not meet hydrostatic transmission that they asked for but did meet planetary type transmission which is what they have out there presently, and were deducted $5,000; that Krider Equipment did not declare any exceptions to their bid, and they did have some exceptions to the bid, that at that time he talked to Mr. Newman that Krider did not submit said letter, and their bid should have been thrown out, that Mr. Newman stated they would throw all bids out and rebid, but he (Eck) said not to do that. He stated that next point is that specs state that awards will be made to the lowest responsible bid with considerations given to conformity with specifications, maintenance history and compatible machine, deliveries, terms, guaranteed clauses and hands on demonstration; that as a result of that Mr. Newman put out second letter and docked Butler Mach. for machine history 20,000 points, which is equivalent to $20,000, then docked another $3,000 for the drive shafts, and because of these three items, docked $28,500; this came out before bids opened so unaware of bid amounts; is fairest way of putting bid together. He noted that Mr. Newman explained how he docked equipment and did excellent job of evaluating bids, that his bid which he feels is lowest and best is $261,315, and his competitor's bid is $275,631.65 using point evaluation system as established, and his answer is either award bid to Butler Mach. as lowest and best with criteria that was submitted or reject all bids.

Doug Benson, 2602 11th Avenue South, Krider Equipment, stated that on the drive train - that drive system shall be hydrostatic drive compliance, next one planetary system, and explained that they didn't write exception to that as you can't have both; that they met criteria which stated that drive system shall be hydrostatic drive, that you can't have a full power shift transmission with hydrostatic drive, and stated in bid, compliance with hydrostatic drive, that there is no exception to the rule.

Mr. Eck stated what he was referring to was air brakes, that he doesn't have air brakes either, and Krider not responding to that, that his bid should be thrown out.

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Doug Powell, 203 Conklin Avenue, equipment operator for the City for 24 years, stated he was representing operators, that decision committee makes is something they have to live with for the next five years, that he has hands on experience on Bomag (14 hrs. day 7 days week during flood), and operators were recommending Bomag machine because it was designed to be a compactor, has an enclosed chassis and debris cannot get in it, that they are pushing into 4 ft. of debris (present equipment gets be debris in cavities, etc. and takes whole day to clean out when have to have serviced).

Hafner stated that the City bid machine, have low bid and recommen-dation from Mr. Newman, but yet here for third time, and lot of it centers around the CAt's being down an hour a day, and asked Mr. Eck if equipment would be down that long. Mr. Eck stated that some of the applications put equipment in are a problem, that their pre-sent equipment has older style wheel, that to tell you that you won't have cleaning on landfill compactor wouldn't be true. He stated that brakes on present equipment are out board dry disk brakes; new equipment has inboard oil seal brake completely inside.
Klave stated that after hearing and reviewing information for four weeks, that evaluation tabulation completed prior to opening of the bids, point system established, that City has done everything to make very comparable bid, two good pieces of equipment and both reputable companies, with guaranteed buy-back after five years from both, and moved to award the bid to the low bidder, Butler Machinery, in the amount of $322,615.00.

Hagness stated that he feels very strongly that Bomag is machine they should get because underside of their compactor is better enclosed than CAT, that brake coverings, brake hoses on CAT not safe, and that is his reason for recommending Bomag, that wheels not clogging up, and when have operators having to clean and cut cables/wire tangles creates safety problem. Klave stated that with brake lines internal on both pieces of equipment and no way brake lines can be torn loose.

After further discussion it was moved by Klave and Hafner that we award to low bidder, Butler Machinery, for $322,615.00. Klave and Hafner voted for the recommendation, Hagness and Lucke voted no.

It was then moved by Klave to reject all bids and to rebid the equipment; no second.

There was further discussion by the committee re. safety issue; Mr. Newman reported that the problem with items wrapping around wheels, part of the bid specs. says that the wheels must be designed so they will be kept clear of debris, wire, etc. and as such he expects Butler Machinery to honor that part of the specification
(that debris will not wrap around wheels and axles), that in the past Butler Machinery has been responsive to their needs, and

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expects them to provide City with machine that will not collect the debris, and will not require his operators to clean the wire and debris off wheels because they are supposed to be designed not to collect debris. He stated they do clean wheels now because old style wheels did not come with a method to keep clean, don't have space to install cleaner bar, because if don't clean debris off rips brake lines off. Mr. Newman also stated that he used information gathered by opera-tors in the evaluation, believes it was necessary to get hands on information, that as far as safety aspect, doesn't see that one machine safer than the other.

Ken Vein stated he hasn't been involved in writing specs. on equip-ment, that they have come up with process that should overcome most deficiencies they had in the past and it's important to maintain credibility of bidding system within the city. He stated there were five parts included in the bid evaluation, and based on that would recommend going with low bid. He stated that if something other than what shown in five categories, would look at something other than low bid, that best people who can say whether safety issue or not are the operators. He stated his concern is that they have credible process and follow that process, and if not, that they have justification for not doing so.

Hagness stated that the recommendation would go to council with a 2-2 vote.

2. Matter of bids for 1998 water treatment chemicals.
Held in committee (bids not due until next week)

3. Matter of various easements:
a) alleyway and utility easement for alley relocation to
accommodate Belmont School reconstruction.
Al Grasser, asst. city engineer, reported that Ray LeClerc has been working on this, that there was an alley on Lots 5 and 6 which was vacated earlier and now making sure alley access avail-able to Belmont School and recommended approval. Moved by Klave and Hafner to approve and to authorize proper City officials to execute the easement. Motion carried.

4. Matter of proposed ordinance change - excess flow charge.
Mike Shea, Environmental Coordinator, reported that he had met with Howard Swanson, city attorney, re. this ordinance (increasing rate for wastewater discharged in excess of 5,000 gal/mo. and/or in excess of that allowed by permit for industrial users) and he will be redrafting the ordinance. Moved by Klave and Lucke to approve the proposed ordinance change and to introduce the ordinance for first reading. Motion carried.

5. Matter of snow removal (additional positions for street
department).
Copies of the new snow removal map showing two new areas were

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distributed. Mr. Fish reported that additional positions would be equipment operator III positions; and that Human Resources has a register established from which they would select applicants to fill the positions. He also reported that they have equipment available. It was noted there is policy to clean main arterials and bus routes by 7:00 a.m. It was also noted that there was some concern re. cleaning downtown, and Mr. Fish stated they haven't been cleaning as quickly as before because not as much traffic downtown. It was also stated that with additional employees they would run two crews. Hafner and Klave stated they have received some complaints and feel that residents want their streets cleaned as quickly as possible. It was also stated that in recent years have added many more miles of streets (DeMers, Gateway Drive, Washington and new subdivisions, including cul-de-sacs which take longer to clean).

There was some discussion re. budget, that this had been discussed during the 1998 budget process and had not been included, and whether this was justified. The committee noted that Mr. Schmisek was concerned re. setting precedent if do this, however, hearing complaints from residents that want streets cleaned to get to work, school, etc. Dan Gordon, Human Resources director, stated that many reclassification requests that came forward were because of huge workloads, and have said for a number of years that salary increases and reclassifications are not based on workload but on significant and substantial different duties; if have tremendous workload (ie., 30 miles more of streets to clean) it is a staffing issue and need to address number of employees and adequate equip-ment, and would support recommendation. He also noted they have an established register. Committee asked whether this could be filled by part-time temporary employees; Mr. Gordon stated they could but if make full-time classified position and hire from the register, know that those people have been checked out thoroughly.

Moved by Hafner and Klave to authorize two additional full-time equipment operator III positions, and to amend the 1998 budget in an appropriate amount, including fringes, using carryover funds. Motion carried.

6. Matter of clarification of ICC physicals.
Todd Feland, exec. adm. asst. to Mr. Grotte, distributed memo and proposed policy draft to the committee, and reported that there was a meeting of reps. of each division of public works and Mr. Gordon re. this matter. He stated there was some friction in the department re. the ICC physicals, and that based upon discussions at that meeting were able to agree on a mutually acceptable policy. He stated that they agreed upon mandatory physical every two years for all employees who have CDL (commercial driver's license)
requirement, with no disciplinary action (during first two years) taken against any employee refusing to take the physical, but would be duly noted in the file; that employee could choose his own

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physician, but would then go through health insurance, but if choose ICC designated physician (Altru has only three physicians certified to do the ICC exams) the City would pay the entire fee. ICC has designated three physicians at Altru to do the exams and if do not go to one of those physicians not certified under ICC rules. He stated that this physical not an ICC physical, and this is modified ruling but doesn't meet regulations; that if physician's care warranted, an annual physical would be required but not be treated any differently than anyone else with health concerns; all medical records retained at medical facility for privacy concerns; and policy would be in effect for two years, with review at the end of that time period.

Mr. Feland stated that focus was for preventative health, that those driving the heavy equipment are in a safety sensitive posi-tion and should be held to higher standard of care than average city employee; liability concerns.

Committee asked if this would affect Workers Comp rates; Mr. Gordon that rates have gone down tremendously and that these types of efforts will pay off. Mr. Gordon also noted that this policy will not affect Public Transp. Dept. which are mandated through Mn/DOT. He also stated that they will send this policy to Altru asking any physician to check in all areas.

Mr. Newman reported that there were several objections: most want to use their own physician (don't object to physical) but want to have done by their own physician rather than one chosen for them; and felt that physical job threatening - that it isn't to be job threatening if they have medical problem and are seeking doctor's care/treatment. He stated that with those two concessions, takes care of their concerns.

Moved by Hafner to approve the proposed policy, with the addition of having forms completed by their own physician. Motion carried.

7. Matter of proposed step increase policy.
Mr. Gordon stated that due to the 1997 wage study, employees would not be eligible for step increases in 1997 and would not be eligible for any cost of living increases in 1998, but now ap-proaching 1998 in which employees eligible for step increases based on prior negotiations, however, no policy set up. He reported that council stated that in order for an employee to receive a step in-crease they must achieve an acceptable standard or exceed standards to receive that. He stated the proposed policy does have approval from department heads and states as follows: All full time clas-sified employees hired prior to January 31, 1996 (and upon accept-able performance review) shall receive their step increase on
January 1, 1998. January 1st of each year shall be the new anniversary date for potential future step increases. Employees hired or promoted to a higher pay grade in 1997 shall be ineligible MINUTES/PUBLIC SERVICE COMMITTEE
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for a step increase on January 1, 1998, rather the actual date of hire or promotion shall be their anniversary date. It was noted this policy not doing anything different than what recommended of the wage study by council.

Moved by Klave and Lucke to approve the step increase policy as presented. Motion carried.

8. Matter of annual performance evaluations.
Mr. Gordon stated this ties into step increase policy but council requested that an acceptable performance review be com-pleted prior to the year for a step increase to be eligible, that there have been lot of changes in jobs because of the flood, that in the development of the new performance objectives many depart-ments have not been able to communicate to the employees how they will be reviewed for this year, that there's consensus of depart-ment heads rather than using newly created performance objectives and performance measures for this year that do something similar to samples presented (narrative performance review) and for super-visors to sit down with the employee and talk about what they've done in the past year, list some challenges and goals for the people and for that to be eligible for the potential step increases for the employees; that for 1998 will use new forms, but for this year every employee will still be evaluated, that this will be minimum standards and departments can exceed those.

Moved by Klave and Hafner to approve for 1997 with understanding that go back to established policies for 1998. Motion carried.

9. Matter of consultant selection for flood recovery projects.
Al Grasser, asst. city engineer, stated that during course of the flood, they called all consultants in the city to assist in the flood fight or restoration, that the consultants almost became staff and took on responsibilities, and that was acceptable to all federal agencies, however, since the flood recovery (they moved from emergency mode to recovery mode), that some of the projects are going to change from FEMA DSR funding to CDBG funding. He reported that in reviewing process Urban Development cautioned them that they should go through more formalized process in selection of consultants in continuation of those projects, which is what they have done - have done consultant selection for flood recovery work for projects already underway and which have consultants working on those projects. He distributed listing of consultants selected based upon an evaluation form (copies available), based upon past performance, ability of professional personnel, willingness to meet time and budget constraints, recent and current projected work-loads, related experience on similar projects and familiarity and understanding of the project; that everyone has performed well
and ends up with familiarity of projects. He reported that con-sultants selected are the consultants currently working on area of work; that now have formalized selection process available, that

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best qualified consultant selected.

Moved by Hafner and Lucke to approve consultant selection as fol-lows: Webster, Foster & Weston for televising and cleaning sewers, and restoration of sewers; Advanced Engineering for water treatment plant protection; and pumping stations, KBM, Inc. Motion carried.

Klave stated he had attended one of the dike meetings, and heard lot of questions re. what is City doing for 1998, and how can they get that info. out to the residents. Tom Hanson, WFW, reported they have scheduled meeting on sewer cleaning, etc., cleaning and recleaning of sewers (have received approval from FEMA to go back and reclean with different contractor). Mr. Grasser reported that they have been working on flood mitigation projects, funding in place and contractors starting work next week so residents will be seeing activity. Mr. Vein reported they will be getting info. out in newsletter.

Mr. Grasser reported that another part of this is actual engineering contracts. Hafner and Lucked amended their motion to include approval of the contracts for engineering services as follows: Project No. 4654.154, Webster, Foster & Weston in the amount of $70,000; Proj. 4687, Webster, Foster & Weston in the amount of $90,000; Proj. 4654.350, Webster, Foster & Weston in the amount of $90,000; Proj. 4719, Webster, Foster & Weston in the amount of $150,000; Proj. 4703, Advanced Engineering, $20,800; Project No. 4697, KBM, Inc. in the amount of $36,890; and Proj. 4698, KBM, Inc. in the amount of $45,000; contingent upon approval of the contracts by the city engineer and by the city attorney. Motion carried.

10. Request to write specs. and call for bids:
a) automated side-load refuse trucks.
b) containers for automated side-load collectors.
Dick Newman requested authorization to write specs and take bids shortly after first of the year for 5 automated side-load trucks and containers, and reviewed specs. which are based on Leach and Heil trucks. He stated they will be bidding trucks separately from the packer because can get better price that way. He stated they had 2 trucks scheduled for 1997, 2 for 1998 and one for 1999 and are packaging for 1998. Committee asked for update on cost/ benefits information. Mr. Newman reported that containers are 90/ gal. tank container for curbside setup and 300/gal. for alleys (where share one container for three households) and will make for more efficient operation (one stop rather than 3 and only down one side of the alley), container location determined by route. He also stated that containers more aesthetically pleasing than 90% of
garbage racks now in the alleys. He also reported that they would be trading in 5 rear-load trucks (can replace 5 trucks with 3 side-load trucks) but keeping 2-3 rear-load trucks for picking up extra collections (large items) and yard waste.

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Mr. Newman also reported that in addition to reduction in number of personnel (from two-man crew to one), this hopefully will also reduce number of injuries from slips, falls, etc. (most of the time driver doesn't have to leave confines of the cab), don't intend to eliminate positions as those employees will go to the new landfill site when developed, that are in the process of siting new landfill which will be used for household garbage and operating present landfill for inert waste site for construction materials, etc. , transfer from one job-duty to another. (can replace 5 trucks with 3 side-load trucks). Committee suggested that video re. equipment, etc. be provided to the new council people. He stated that as soon as bids approved will start education program re. new system.

Moved by Klave and Lucke to authorize specifications and call for bids. Motion carried. (comm. only)

Mr. Grotte stated they will be reviewing specs. once they are written.

11. Listing of proposed 1998 engineering projects.
Mr. Grasser distributed copies of listing of 1998 projects to give committee advance notice of proposed projects (new and carry-over), that not included were road repairs and reconstruction, that they are still negotiating with Federal Hwy., FEMA He also noted that they would be hiring consultants for many of these projects because of sheer magnitude of the recovery work they have. Klave
questioned status of project re. Coulee from Cherry to Belmont, Fairview Dr. area; Mr. Grasser reported that's not on list yet but is project they will be doing beause causing backup on storm drain system (there is wetlands issue and neighborhood controversy on the project). Information only.

12. Information:
Mr. Grasser distributed copies of the November, 1997 Washing-ton Report re. "takings" legislation; that the House passed law allowing developers to sidestep local/state land use authorities, which would make it easier for property owners to challenge local land use decisions and would permit land owners and developers to head straight to federal court with "takings" claims, bypassing locally elected review boards and state courts. Information only.

13. Information:
Mr. Vein reported that with all work coming up and that this committee will be very busy, they will be doing an orientation and update of each public works departments for new council members (and other members of the council) and will be scheduling that.

Meeting adjourned at 8:50 p.m.
Alice Fontaine
City Clerk
Dated: 11/25/97.