Jackson, Minnesota

July 2, 2018

The Jackson City Council met in regular session in the Council Chambers of
City Hall at 6:30 p.m. on Monday, July 2, 2018 with the meeting called to order
by Mayor Wayne Walter. On the roll call, the following persons were present:
Mayor Wayne Walter, Aldermen Matt Madden, Larry Anderson, Brandon Finck,
Ken Temple, Donnie Schoenrock and Dave Cushman, City Administrator Matt
Skaret, City Attorney Brad Anderson, Street Superintendent Phil Markman,
Jackson County Sheriff Shawn Haken, Contractor Thomas Volk, Marilyn Matejka,
Sheila Willink, Janice Lepinski of Precious Animals Worth Savings (PAWS) City
Clerk/Council Secretary Dave Maschoff and Justin Lessman of the Jackson
County Pilot.

CALL THE MEETING TO ORDER

Mayor Wayne Walter called the regular meeting of the Jackson City Council to
order. On the roll call, Mayor Walter noted all Councilmembers were present.

A Special Thank-You

Mayor Walter said he wanted to extend a special thank-you to Street

Superintendent Phil Markman, Water Superintendent Tony Oxborough, the
Water Department, Street Department, Fire Department and City Administrator
Matt Skaret for sandbagging and all the work they did over the weekend due to
the rising water on the Des Moines River. He said the City is very appreciative of
all the work they do to take care of us.

There were no bid lettings and no open forum.

CONSENT AGENDA
FINCK/ANDERSON moved and it was unanimously carried to approve the
Consent Agenda as presented.

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There were no unscheduled guests who attended the meeting.

Council Discussion Items

TORGERSON LANE WATER MAIN EXTENSION PROJECT CHANGE ORDER NO. 1

City Administrator Matt Skaret said the contractor for the Torgerson Lane
Water Extension Project has requested a change order in the amount of just over
$17,000. He noted the contractor was in attendance at the Council meeting.
Skaret said a copy of the change order request was included in the Council’s
informational packet.
Skaret said he and Water Superintendent Tony Oxborough, the engineer and
Interim City Administrator Rick Almich when he was in Jackson, went over the
change order request.
Skaret said there were a number of things that came up during the project
that were unexpected.
Skaret said the disagreement between the City representatives and the
contractor is based on how much time the project took or should have taken. He
explained everything was itemized. Skaret said Water Superintendent Tony
Oxborough took very detailed notes throughout the project.
Skaret said that’s what they came up with as a recommendation on what to
pay and what not to pay as part of that change order. He said totaling it all up
amounts to just over $5,400. Skaret said they believe that’s a reasonable amount
and would bring the payment to the contractor up to just above what the original
bid was for the project at just over $63,000.
Skaret said included in the discussion was the liquidated damages which were
deducted from the initial pay order that the City Council approved at their June
19th, 2018 meeting. He said basically under the contract, the contractor was given
eight working days to do the project. Skaret said it took the contractor 14-and-a-
half working days. He said, granted, we had a very unusual spring but the
weather delays were not counted against the contractor as part of the working
days.

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 Skaret explained the concept of liquidated damages is to give the City the
means to recoup the extra costs for the extra time required for extra inspection
and extra engineering services encountered. He said the liquidated damages
were estimated at about $6,000 in extra services. Skaret pointed out the
liquidated damages are $5,750. He said the City is not making money on the
liquidated damages.
FINCK/TEMPLE moved to approve the Torgerson Lane Water Main Extension
Project Change Order No. 1 in the amount of $5,452.44.
Mayor Water noted he had a motion and a second. He asked if there was any
further discussion.
Contractor Thomas Volk of Groundwater Management of Brewster said from
the first day the engineering plans for the project were wrong. From the day they
moved out there, Volk said he had to re-stake the line because they had to do
realignment for the water line otherwise the hydrant would have been outside
the right-of-way.
Volk pointed out the second thing that was wrong were the engineering plans.
He said the water main was on the wrong side of the utilities so then they had to
cross utilities that they didn’t bid on. Volk said they didn’t bid to cross under the
utilities where they started.
Volk said the third thing is that they struck an unmarked cable that was not on
the plans and was not marked in the field. He said they struck that cable and they
had to follow that line over a thousand feet up the run and be careful not to hit it
again and break it. Volk explained once they got to the service road, then that
cable crossed at a long angle so now they had to dig underneath that cable plus
the fiber optic lines that were there and not damage them. He said when they
got to the other side of the road; the cable was located right where they were
supposed to be burying the water line.
Volk said in this time when they did this they asked Water Superintendent
Tony Oxborough that they needed to stop and talk about this and make
adjustments. Volk noted Oxborough said no let’s get the project done and keep
going and we’ll address it later. Volk said that’s what they did. He said they
followed Oxborough’s instructions on that.

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 Volk said when they crossed the service road it was unsafe. He said the cable
was in their way. Volk said a decision had to be made to move the cable. He
explained if they could have put the water line in where they could have gone; it
would have been outside of the right-of-way.
Volk said they spent time to dig up the cable, move it over and laid the water
line. As they got closer to the other water line, Volk said he told the inspector
that they needed to dig up the water line so they could find out where it was at.
He said they already had pictures that said the water line was marked according
to the engineer’s survey. Volk said the inspector wouldn’t let them dig up the
existing water line until they were within 20 or 30 feet of it. He said they dug up
the existing water line and it was not anywhere close to where it was supposed to
be. Volk said they ended up digging underneath two fiber optic lines, an electric
line and a phone cable that was not marked. Volk said that’s what dragged the
project out.
Volk noted not just the weather delays due to rain, but the substandard
conditions that were at the site. He pointed out the wording in article 4, point
4.05, item C of the actual bid documents which applies to the reasons he just
outlined to why they were delayed in completing the project in the specified time.
Volk said conditions were abnormal and they should not be penalized for
liquidated damages. He emphasized that the plans were wrong from day one and
that’s not their responsibility, but the engineer’s responsibility. Volk also noted
the City had never marked the water line to start with.
Volk noted when the water line project was completed and testing done, it
passed the bacteria test with flying colors and the line also passed pressure tests.
He said the quality of their work was there, but they ran into the substandard
conditions and they are being penalized for that under these liquidated damages
and the City not wanting to pay all of the change orders.
Volk says that’s why they disagree with the assessment of City Administrator
Skaret and Water Superintendent Oxborough. Volk said they appreciated the
work, but noted the weather conditions and engineering plans were not correct.
He said it cost his company time and money.
Skaret noted City staff provided 45 hours of their time to the contractor on
the project.

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 Following further discussion, Cushman asked to table action on the change
order request.
CUSHMAN/SCHOENROCK moved and it was unanimously carried to table
the motion to approve the Torgerson Lane Water Main Extension Project
Change Order No. 1 in the amount of $5,452.44.
Cushman explained the reason he wanted to table action on the change order
request is because he wants to have all those involved with the project present at
the Council meeting. He said the inspector, Water Department and contractor all
need to be present. Cushman said he appreciates all the input, but right now it’s
a bit confusing.
Volk said next time he will bring pictures of the conditions that were present
when they did the project. He said conditions were abnormal.
Madden also asked Volk for a copy of the plans for the project for the next
City Council meeting.
Volk thanked the Mayor and Council.
Councilmembers thanked Volk for attending the meeting.

APPROVE RESOLUTION NO. 15-718 APPOINTING ELECTION JUDGES FOR THE

PRIMARY ELECTION ON AUGUST 14, 2018
SCHOENROCK/ANDERSON moved and it was unanimously carried to
approve Resolution No 15-718 appointing Election Judges for the Primary
Election on August 14, 2018.

FORMER JACKSON CITY SHOP REPLACEMENT ACTION PLAN (RAP)

City Administrator Skaret said this agenda item pertains to the new liquor
store site. He said no documentation can be found showing that any
contaminated soil at the site was removed.
To keep the liquor store project moving forward, Skaret said the City needs to
approve having West Central Environmental Services (WCES) come in and update
Phase One and Phase Two of the soil assessments of the site. He said there are
copies of the original soil assessments, but there has been a time lapse since
2013.
Skaret said West Central Environmental Services will provide a Phase One
update and compile a Replacement Action Plan in case contaminated soils are
encountered at the site that need to be addressed according to the contract.

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 CUSHMAN/SCHOENROCK moved and it was unanimously carried to approve
the contract with West Central Environmental Services (WCES) for the
environmental assessment of the soil and Replacement Action Plan if needed at
the new liquor store site.

DOG POUND PROPOSAL

City Administrator Skaret said this agenda item was a follow-up from the June
th
19 City Council meeting regarding a proposed dog pound from the City of
Lakefield.
Skaret said he asked the Lakefield Police Chief if he could provide a proposal
that could be reviewed by the Jackson City Council regarding partnering with
Lakefield to build a dog pound. Skaret said the proposed pound would be located
on City owned property in Lakefield.
Skaret pointed out a drawing in the Council’s packet of a proposed 24 foot by
32 foot garage, kennel and run area. He said there were no cost estimates as of
yet. Skaret said this is the information that’s currently available.
Skaret said the City of Lakefield is planning to move forward with the dog
pound project whether the City of Jackson partners with them or not.
Skaret asked Sheriff Shawn Haken if he saw a huge need in the City of Jackson
for a dog pound.
Haken said the numbers for stray dogs are down considerably this year. He
said in 2016 and 2017, the Sheriff’s Office was averaging about two dogs per
month that were taken to impound. Haken this year they probably have not even
had one per month. He said the Sheriff’s Department has been using Facebook to
find the dog’s owner and have had really good success with that. Haken said
that’s what they’ve been doing for the time being.
Skaret asked if that’s been effective.
Sometimes Haken said they will find the owner of the dog in five minutes. He
said it took about 30 minutes to find the last lost dog they had.
Schoenrock asked if the Lakefield pound would be only for dogs and not cats.
Skaret said it was his understanding it would be for dogs and cats.
Madden asked if Lakefield City employees would staff the pound.
Skaret said he hadn’t received those plans.

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 Anderson said with the lack of details regarding costs and plans, he doesn’t
feel comfortable addressing the issue.
Schoenrock also mentioned if the County has been approached for funding
the proposed Lakefield pound.
Skaret said no action has being sought at this point. He said the information
was provided as an update for the Mayor and Council.
Janice Lepinski of Precious Animals Worth Saving (PAWS) said her
organization is contacted more often than the Sheriff’s Office regarding lost
animals. She said they also make use of Facebook in finding pet owners. Lepinski
also noted PAWS is adamantly against a pound that would euthanize animals if
the owners could not be found.
Mayor Walter said they will review the proposal further once more
information is available.

REMOVE TWO TREES FROM THE SIDEWALKS AS REQUESTED BY JACKSON

FEDERAL SAVINGS AND LOAN
Skaret explained there are two trees that Jackson Federal Savings and Loan
are requesting be removed. He said one tree is on the west side and the other on
the north side of their building.
Skaret said the tree on the west side has branches rubbing up against the
building and Jackson Federal Savings and Loan would like to see that tree taken
down. He said the tree on the north side has become unattractive and is not
much of a tree anymore.
Street Superintendent Phil Markman said Jackson Federal Savings and Loan
called the City saying the tree on the north side of the building was rubbing up
against a screen and causing damage and requested it be trimmed. Markman
said the Street Department trimmed all the dead branches off the tree. He said
there was not much left of the tree after it was trimmed. Markman said the bank
asked to take the tree down.
Markman explained the trees were planted in 1984 or 1985 in the City’s
right-of-way as part of the downtown improvement project. He said he’s also had
two other businesses requesting to take the trees down in front of their buildings.

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 Markman said in the past the Street Department would maintain the trees as
they sought fit. He noted last year removal of a tree from the front of a
downtown business raised concerns. Markman said he wanted to bring the
request before the City Council before removing the trees.
Finck noted that when the issue was discussed in the past, the understanding
was that if the business owner wanted the trees removed it was OK in removing
them. Finck said he thought that was the discussion. He said the City wasn’t
going to just remove trees without the business owner making the decision.
Markman said the Street Department can remove the two trees as requested
by Jackson Federal Savings and Loan. He said the stumps can be ground down
and the open spaces in the sidewalk covered by cement.
Markman noted several other downtown businesses that have indicated an
interest in having the trees in front of their businesses removed.
Madden said if the business owner wants the trees removed, the City should
oblige them before the trees do any more damage.
Anderson mentioned past discussion about installing large pots with oriental
trees or some species of trees that could be moved or changed.
Schoenrock noted there was discussion about concrete planters and seasonal
trees that could be pulled out and put in a greenhouse during the winter. He said
the cost to do that was prohibitive so they would have to look at something that
would grow back every year that could be in some sort of planter that would be
above ground and be uniform for Main Street to replace the current trees.
Schoenrock said funding may be available through the Parks Department budget.
Markman noted some artificial plants are also available on the market.
Schoenrock said discussion about replacing the trees downtown with
something else could be discussed at the July 12th Street Committee meeting.
ANDERSON/SCHOENROCK moved and it was unanimously carried to
approve the request from Jackson Federal Savings and Loan to remove the tree
on the west side and the tree on the north side of their building located in the
City’s right-of-way.

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UPDATE ON PILLAR’S REQUEST FOR MUSICAL ENTERTAINMENT ON PILLAR’S
PATIO BEYOND 10 P.M.
City Attorney Anderson explained the City Council could certainly provide a
permit for Pillar’s request because the statutes in Minnesota allows for that.
Attorney Anderson said the City of Jackson doesn’t have an ordinance on the
books regarding granting permits for such a musical event as requested by Pillar’s
for their patio.
However, Attorney Anderson said the City does have an ordinance on the
books that does allow for the licensing of shows. He said a license for a show
could be granted to Pillar’s, but the event would still be subject to the current
noise ordinance.
Attorney Anderson said it’s an issue that would be proper for the Planning
and Zoning Commission to review and possibly modify the City’s ordinances to
allow for events like Pillar’s or even block parties that are private in nature and
not a community event.
Attorney Anderson said the City Council could grant a show permit to Pillar’s
for their July 27th musical event, but it would still be subject to the current noise
ordinance. He said there’s currently a fee for a dance permit on the City’s fee
schedule, but nothing that can be found in the City’s Code Book.
Cushman noted if Heinrichs wouldn’t have inquired and brought forth
questions about the noise ordinance to the City Council’s attention, the Council
wouldn’t have been aware of it. Since Heinrichs brought it to the Council’s
attention, Cushman suggested waiving the fee for the show permit.
CUSHMAN/SCHOENROCK moved and it was unanimously carried to approve
granting a “Show Permit” with the permit fee waived to Pillar’s Pub and Eatery
in Jackson for musical entertainment in Pillar’s patio from 8:30 p.m. to 12:30
a.m. on July 27, 2018.
Mayor Walter directed the Planning and Zoning Commission to discuss the
City’s current noise ordinance and review the process for amending, clarifying and
updating the ordinance.

SACRED HEART MERCY HEALTH CARE SIDEWALK REPLACEMENT REQUEST

Skaret explained the Sacred Heart Mercy Health Care Center is planning to
replace a portion of the sidewalk on the east side of their building. He said they
are looking at replacing 40 feet of sidewalk or possibility a little bit more.

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 Either way, Skaret said the City’s policy is that the City will assist up to $400 or
one-third of the cost, whichever is less. He said in this case, probably the $400 is
going to suffice.
SCHOENROCK/FINCK moved and it was unanimously carried to approve the
Sacred Heart Mercy Health Care Center’s sidewalk replacement plan.

CITY OF JACKSON DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM

Skaret explained the Disadvantaged Business Enterprise (DBE) Program is a
program the City is required to have as part of the airport and federal funding. He
said the City is required to have the official Disadvantaged Business Enterprise
Program or DBE as it’s commonly called.
Skaret said the City has been working with the City’s airport engineer and this
is what they are recommending. He said it’s a federal requirement in order to
continue to receive federal funding.
Skaret explained it gives minority and disadvantaged contractors a fair
opportunity to bid on projects.
Cushman asked if there were any costs associated with the program.
Skaret said there would be no cost to the City.
FINCK/TEMPLE moved and it was unanimously carried to approve the City of
Jackson’s Disadvantaged Business Enterprise (DBE) Program.

Other:

Park Board update

Schoenrock asked Anderson if there was any information regarding

resurfacing the tennis courts at Ashley Park into a basketball court.
Anderson said the last time the Park Board met there were not enough
people for a quorum. He said two contractors could not attend the meeting and
there was no information to report at this time.
Schoenrock said it would be nice to try and complete the resurfacing this
summer.

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Southwest Broadband Update

Schoenrock reported a power outage about two weeks ago in Windom

caused customers that are not on the new Southwest Stream IPTV to lose
television service for part of the day.
Schoenrock also explained a change in computer codes from the software
company that services Southwest Stream caused a recent disruption in television
service. He said from now on, Southwest Stream will be notified before the
software company makes any changes to computer codes.
Schoenrock said minor problems are being remedied with the new IPTV
system. He said its part of the growing pains but it’s getting better and better.
Schoenrock said the local access channels have now also been added.
Schoenrock said the City of Windom may be interested in getting television
service from Southwest Broadband. He said a television service company in
Worthington also inquired about services from Southwest Broadband.
Schoenrock said there’s a possibility Southwest Broadband may expand and
generate some more revenue.
Schoenrock said to let him know if anyone has problems with their Southwest
Stream television service.

Thank-you from Alderman Madden

On behalf of his wife and himself, Madden thanked the Mayor and Council for
the candy bouquet that was delivered to their home congratulating them on the
arrival of their new baby.

Thank-you from City Administrator Matt Skaret

Skaret reiterated the Mayor’s comments from earlier in the meeting thanking
Street Superintendent Phil Markman and everyone for their excellent work over
the weekend due to flooding.
Markman outlined the efforts by everyone over the weekend. He pointed out
the efforts by City employees, the Jackson, Lakefield and Alpha Fire Departments,
Sheriff’s Department and volunteers that helped over the weekend.

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 Markman listed the areas in Jackson where jersey barriers and sandbagging
was done. He noted the river gauge was stuck. Markman said it’s believed since
the dam was removed; the river gauge is not accurate. He noted someone was
working on the gauge on the afternoon of July 2nd.
Markman said the Lake Shetek area and Windom received more rain and it’s
unknown at this time how that might affect Jackson. He said he would like to be
prepared and sandbag during the daytime until waiting when the need is urgent.
Markman pointed out sandbagging operations on July 1st took place from
10 a.m. to 4 p.m. He estimated between 7,500 and 10,000 sandbags were filled.
Markman said operations went very well on Sunday.
Markman said they will continue to monitor the river conditions depending
on the rainfall. He said Ashley Park has been closed because of the high water
and the swift current of the river. Markman said there are other options available
for people or groups that need to use a City park in Jackson.
Markman said he’s been working with Jackson County Emergency
Management Director Tawn Hall on compiling costs related to the flooding for
any FEMA funding that may be available.
Jackson County Sheriff Shawn Haken said he received information that the
flooding in Jackson and Jackson County will be declared a FEMA event. He said
FEMA representatives will be touring the area and parts of Jackson.
Mayor Walter again thanked everyone who helped through the weekend.

ADJOURNMENT
With no further business, SCHOENROCK/FINCK moved and it was
unanimously carried to adjourn the meeting.

_________________________________
David A. Maschoff, Council Secretary

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