Jackson, Minnesota

June 19, 2018

The Jackson City Council met in regular session in the Council Chambers of
City Hall at 6:30 p.m. on Tuesday, June 19, 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
and Dave Cushman, City Administrator Matt Skaret, City Attorney Brad
Anderson, Engineer Greg Mitchell of Bolton and Menk, Street Superintendent
Phil Markman, Water Superintendent Tony Oxborough, MRES Jackson
Distribution Maintenance Foreman Jeremy Boogerd, Ashley Stammer, Paul
Hargus, Jenny Heinrichs, Liquor Store Manager Michelle Bratrud, Architect
Dustin Tomoson of Ringdahl Architects, Alec Boyce and Bob Kost of SEH, Parks
Board Chairman Michael Haeffner, Pastor John Schuetz of Our Redeemer
Lutheran Church in Jackson, City Clerk/Council Secretary Dave Maschoff, Justin
Lessman of the Jackson County Pilot and Dave Schmidt of KKOJ/KUXX Radio.
(Aldermen Ken Temple and Donnie Schoenrock were absent.) (A quorum of the
City Council was present.)

CALL THE MEETING TO ORDER

Mayor Walter called the regular meeting of the Jackson City Council to order.
He noted the roll call showed Aldermen Ken Temple and Donnie Schoenrock was
absent.

There were no Public Hearings, Bid Lettings or Open Forum.

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

There were no Unscheduled Guests who attended the meeting.

1
BECKY DRIVE NEIGHBORHOOD RESIDENTS – REQUEST TO BLOCK OFF A PORTION
OF BECKY DRIVE FOR A BLOCK PARTY FROM 3 P.M. TO 10 P.M. ON JULY 4TH,
2018
Becky Drive neighborhood resident Ashley Stammer explained plans are to
close off a portion of Becky Drive from 3 p.m. to 10 p.m. on July 4th. Stammer said
she presented a rough draft to Mayor Walter outlining the portion of Becky Drive
they are requesting to close off.
Stammer noted there are a lot of children in the neighborhood. She
explained they plan to have a pool, a bouncy castle and also grill out. Stammer
said organizers of the block party were requesting to close off a portion of Becky
Drive to traffic to make it safer for the children attending.
Street Superintendent Markman said barricades will be provided to close off
the street.
Finck asked if those organizing the block party could set it up in such a way to
allow for an emergency vehicle to come through Becky Drive if needed and not
create a hazardous situation.
Stammer said things will be arranged in case an emergency vehicle has to
make its way through. She said she has already contacted the law enforcement
center about their plans for the block party.
ANDERSON/FINCK moved and it was unanimously carried to approve the
closure of Becky Drive for a neighborhood block party from 3 p.m. to 10 p.m. on
July 4th, 2018.
Stammer thanked Mayor Walter and the Council for approving the
neighborhood’s request.

REQUEST FROM PILLAR’S PUB AND EATERY REGARDING MUSICAL

ENTERTAINMENT ON THEIR PATIO IN THE EVENINGS
Jenny Heinrichs, owner and operator of Pillar’s Pub and Eatery, said they
currently have three nights scheduled for entertainment in their outdoor patio.
She explained on one of the nights, the entertainment would go until midnight.
Heinrichs said they are not planning to have entertainment every Friday night,
but were requesting a blanket request throughout the summer to be able to have
some entertainment for Jackson.

2
 Alderman Anderson asked if the music would be loud similar to a band.
Heinrichs noted the entertainment would be a two person acoustical music.
City Attorney Anderson noted there may be a problem for the City Council to
allow Heinrich’s request because it would involve waiving a rule, a law, or in this
case an ordinance that’s on the books. He said he doesn’t think the Council has
the authority to do that.
Attorney Anderson explained the Council could probably change how that
area is zoned or how it can be used or change the nuisance ordinance regarding
music. He said it would be like somebody adding onto their house and asking to
waive the building code for their construction project.
Attorney Anderson said it’s certainly something the Planning Commission
could look at and maybe revise the ordinance to allow for musical entertainment
like this in the downtown area. He said he doesn’t think the City Council can
selectively pick laws to suspend because it wouldn’t be equal to all parties.
Cushman asked if this hasn’t been done in the past for downtown festivities
and celebrations.
Attorney Anderson said those were community festivals that benefit
supposedly the whole community whereas in this case, this is not a community
event. He said this is something that is being sponsored by a specific business.
Finck asked what ordinance Attorney Anderson was referring to.
Attorney Anderson said the City’s noise ordinance that basically says you can’t
do that after 10 p.m. He explained the ordinance reads if you can basically hear it
50 feet from the boundary of the property, then it’s a violation of that ordinance.
Attorney Anderson said prior to 10 p.m., there is no problem as long as it’s not
too loud.
Madden asked Heinrichs when she planning to have musical entertainment in
Pillar’s patio.
Heinrichs said on one of the scheduled nights the music will end at 9 p.m. and
the other at 10 p.m. She said there is one night, July 27th which is during the week
of fair and race night at the fairgrounds where the group, On The Run, is
scheduled to perform from 8:30 p.m. to 12 midnight.

3
 Skaret pointed out to the Mayor and Council a copy of the noise ordinance in
their Council packets that basically says between the hours of 10 p.m. and 7 a.m.
it has to be quiet.
Cushman said he recalls bands playing in Pillar’s parking lot in the past.
Finck noted there have been bands that have played in Pillar’s parking lot in
the past when Troy Menke owned the business. He said those dances were not
part of a community festival.
Maschoff noted the musical event in Pillar’s parking lot in the past may have
been under a Dance Permit, which may be different. He said he didn’t know.
Madden suggested obtaining a Dance Permit for the patio.
Finck said what would be the difference.
City Attorney Anderson said he would have to look into that. He pointed out
the City Council can’t waive an ordinance or rule just to benefit a particular
individual or business. Attorney Anderson said you can do that for a community
festival because that’s benefiting the whole community verses a private individual
or business.
Finck pointed out that Pillar’s has had bands in their parking lot in the past
that were not part of a community festival and was curious how those events
were allowed.
Attorney Anderson said he wasn’t aware how that occurred.
Finck said bands have been allowed in Pillar’s parking lot in the past and
requested checking into that.
Mayor Walter asked City staff to check into the matter and possibly send the
issue to the Planning and Zoning Commission if necessary.
Attorney Anderson said it would be a nice thing to be able to accommodate
the entertainment at Pillar’s for the community.
Madden suggested if a dance permit has been granted for Pillar’s parking lot
in the past, possibly a dance permit will cover Heinrich’s request.
Cushman asked Heinrichs when her first event will be in the patio.
Heinrichs said the first event will be this Thursday, June 21st, which will end at
10 p.m. and falls within the noise ordinance. She said the event that will run
beyond 10 p.m. will be on July 27th.
Cushman said that will allow time to research the matter.

4
 Finck asked City Clerk Maschoff and City Attorney Anderson to check into the
matter and possibly report at the next Council meeting to see what can be done
to accommodate Heinrich’s request.

MEMORIAL PARK UPDATE – SEH PRESENTATION

Alex Boyce of SEH recalled that seven years ago the City Council asked SEH to
develop a concept plan for Memorial Park. He said since that time, funding has
been sought for the project.
Boyce said funding for Memorial Park was approved by the State Legislature
during the last legislative session. Boyce said he and Bob Kost of SEH were
attending the Council meeting to give the Mayor and Council an update and talk
about anything that may have changed. Boyce noted a community visioning
process and thinks the City had done due diligence in gathering input.
Boyce said he had spoken to Jackson Chamber Director Sharon Henning about
the splash pad project and how that will integrate into Phase One of the
Memorial Park project.
Bob Kost of SEH reviewed the concept plan for the Memorial Park project and
outlined a timeline. Kost reviewed the original concept plan and pointed out the
change with the addition of the splash pad where a playground had been talked
about. He said SEH has done a lot of splash pad projects in communities around
the country so they’re familiar with splash pads, splash pad vendors and
providers. He said splash pads can be developed in conjunction with playgrounds
and builds on the concept of creating a great downtown park. Kost said SEH is
excited the splash pad is a part of the project.
Kost said they’ve looked at a process. He explained if they can get under
contract in the next 30 to 40 days, SEH can actually get the City plans and specs
and go out for bids in a favorable bid environment in December 2018 or January
of 2019 so that in the spring of 2019, the City could actually start construction.
Kost said he understands the City has a match to the state funds.
Kost said the process study for the concept plan for Memorial Park that SEH
did in 2012 included some contingency for inflation. He noted inflation has been
fairly low, but it has been one to one-and-a-half percent over the last six years so
that number is going to be built into updating all the rest of the costs.

5
 Kost said SEH’s plan would be to get going on the Memorial Park project and
work with the Chamber and others to get the splash pad imbedded into the
project in the right location. He said they need to do some survey work. Kost
explained SEH has made some inquires and they think there might be survey data
available for the Memorial Park site. Kost said they have not been able to find it
as of yet, but they know there was engineering done at that location a few years
ago when the dam was removed. He said there also have been some sanitary
sewer and other utility work that’s come through that location. Kost said they
hope to go back through some of the records of other engineers who have
worked in Jackson. He said they might be able to save some money on the
project in finding some of the survey data and just build off of that rather than
create a whole new survey. Kost said that would be their first step.
Kost said as they would move into preparing the final plans and final design.
He said SEH would recommend and certainly be happy to do, as part of that
process, another open house so everyone could see exactly what Phase One of
the Memorial Park project looks like.
Kost said SEH would work with the City’s Park Commission as they move
forward to develop the final plans and specs to make sure they have the Park
Commission’s input and make sure the plans are consistent with the overall
design. He noted they would seek bids in early winter. Kost explained a good
part of Phase One would include grading and manipulating the ground plain. He
said the trail in that area would be closed during construction. Kost said obviously
the rest of that area would also be closed during construction.
Cushman said he would assume that SEH would be coordinating with the Park
Board in this start-up phase.
Kost said absolutely. He said that would be SEH’s assumption and also
keeping the Council informed as well.
Park Board Chairman Michael Haeffner invited Kost to attend the Park Board’s
July 10th meeting.
Kost said he would plan to attend.
Kost thanked the Mayor and City Council.

6
PROPOSAL FROM WEST CENTRAL ENVIRONMENTAL CONSULTANTS, INC. – SOILS
EVALUATION AT THE NEW LIQUOR STORE SITE
Architect Dustin Tomoson of Ringdahl Architects said the location for the new
liquor store is at the former City Shop site so there’s potential for some
contaminated soils on that site. He said it’s unknown what the extent of the
contamination might be. Tomoson said in speaking with West Central
Environmental Consultants, Incorporated, (WCEC) there may be some
contaminated soils at that location.
Tomoson explained the proposal received from West Central Environmental
Consultants Incorporated would be to put together an action plan should they run
into any of those contaminated soils.
Finck said phase one of the soils testing at that site is already completed. He
said that was done long before the property was ever transferred over to the
JEDC in a land swap and it was given a clean bill at that time.
Tomoson asked if the City had documentation of the soil remediation.
Finck said there is documentation.
Tomoson said if the documentation of the soil remediation is available, then
we’re good.
Finck said that was done and paid for. He added that there was some
remediation of soils done at the site at that time.
Tomoson said he wasn’t able to obtain that information. He said it would be
good if the City has that information.
Attorney Anderson noted there were some sheds in the back of the former
City shop site where salt was stored and underneath the actual shop there was
some soil remediation.
Tomoson said it would be beneficial if that information could be obtained and
shared with West Central Environmental Consultants. He said he doesn’t want to
see a situation where the liquor store project would be started and the Minnesota
Pollution Control Agency (MPCA) would stop and delay the project.

LIQUOR STORE PROJECT BIDS

Tomoson said seven (7) bids were received for the liquor store project. He
said the low bid was $799,500 from Ankeny Builders of Blue Earth, Minnesota.

7
 Skaret said the Liquor Committee and Finance Committee both met on June
th
18 and reviewed the bids and the overall budget. He said the City is still right on
target within the project cost of $1.1 million. Skaret said financing will include
$400,000 from the Liquor Fund and a $700,000 loan from the Electric Fund with
some contingency to spare.
Tomoson noted the bid from Ankeny Builders was $60,000 lower than the
next lowest bid.
Finck asked if there were any references for Ankeny Builders. He said Ankeny
Builders specializes in constructing small grocery stores.
Cushman said one of the things being requested were some references for
Ankeny Builders and projects they have done similar to the liquor store project.
Tomoson said he would get reference information for Ankeny Builders. He
said the next step is for the City to award the bid to Ankeny Builders. Tomoson
said Ankeny Builders has given the City six months for a construction schedule.
Tomoson added Ankeny Builders indicated realistically they could build the liquor
store in four months. Tomoson said they will work with the City on dates for
construction.
Finck noted discussion the Liquor Committee had about having the ability to
move into the new liquor store between Thanksgiving and Christmas.
Tomoson said that may be possible. He would talk with the contractor.
Tomoson said Ringdahl Architects will manage the construction project, site
inspection and make sure the work is completed.
FINCK/CUSHMAN moved and it was unanimously carried to accept the low
bid of $799,500 from Ankeny Builders of Blue Earth, Minnesota for the
construction of the new municipal liquor store contingent upon receiving
references for Ankeny Builders.
Mayor Walter thanked Tomoson.
Mayor Walter said he wanted to pass along a special thank-you to the Liquor
Committee for all they have done. He said it’s been a long process. Mayor Walter
said the City is going to end up with a very nice building. He thanked the Liquor
Committee members very much.

BIDS FOR THE 2018 STREET SEAL COATING

Engineer Greg Mitchell of Bolton and Menk said bids for the 2018 Street Seal
Coating were received on Friday, June 8th at City Hall.

8
 Mitchell said four proposals were received. He said based upon the
tabulation of actual unit prices, the low bidder for the project is Pearson Brothers,
Incorporated of Hanover, Minnesota.
Mitchell reported the total amount of the low bid was $80,316.99, which is
$632.49 above the engineer’s estimate. He said prices came in very good for the
project. Mitchell noted two bid proposals were within $300 so the prices were
very competitive.
Mitchell said Pearson Brothers have done the seal coat project in Jackson for
the last four or five years so they are very comfortable with the contractor and
don’t have any issues with them. He said if the Council awards the bid to Pearson
Brothers, Bolton and Menk will notify them of the Council’s decision.
CUSHMAN/ANDERSON moved and it was unanimously carried to accept
Bolton and Menk’s recommendation to award the 2018 Street Seal Coating
Project to Pearson Brothers, Incorporated of Hanover, Minnesota with the low
bid of $80,316.99.
Anderson asked when the seal coating will take place.
Mitchell said right now the seal coating will take place sometime in August.
He noted that schedule could change and they could come earlier due to the
weather or other conditions, but most likely it will be in August.

AIRPORT CRACK SEALING BIDS

Skaret reported bids were received for the 2018 airport pavement
maintenance project. He said Struck and Irwin Paving of DeForest, Wisconsin was
low bidder for all of the portions of the project with a total bid of $96,342. Skaret
said the engineer’s estimate was $127,925. He said the low bid is a really good
price.
Skaret said Eric Hanson of HDR Engineering is recommending that the City
accept the low bid from Struck and Irwin Paving. He said Hanson is familiar with
the company and they are certainly capable of doing a good job on a project like
this.
Skaret said the airport pavement maintenance project will be paid for through
90 percent Federal Funds, 5 percent State and 5 percent City funds.
MADDEN/FINCK moved and it was unanimously carried to accept the low
bid of $96,342 from Struck and Irwin Paving of DeForest, Wisconsin for the 2018
Airport Pavement Crack Sealing Maintenance Project.

9
SECOND READING OF ORDINANCE NO. 94 – AN AMENDED ORDINANCE
ELIMINATING THE TOWER OVERLAY DISTRICTS WITHIN THE CITY LIMITS OF
JACKSON
City Attorney Brad Anderson said nothing has changed since Ordinance No. 94
was introduced on June 5th, 2018. He said he’s heard no opposition to the
ordinance. Attorney Anderson recommended the City Council adopt it.
ANDERSON/CUSHMAN moved and it was unanimously carried to adopt
Ordinance No 94, an amended Ordinance eliminating the Tower Overlay
Districts within the City limits of Jackson.

COUNCIL WORKSHOP FOLLOW-UP

Skaret said he wanted to follow-up on ideas from the discussion held at the
June 5th Council meeting.
Skaret said he heard from Councilmember Donnie Schoenrock who said he
would like to discuss streets and formulating a plan to address the streets that
need upgrading along with any infrastructure needs.
Mayor Walter said streets are probably on the top of the list of most of the
Councilmembers.
Madden suggested having the Council get a quick summary at one or two
Council meetings a year to get an update on what’s happening with the various
City Departments or what’s happening with the Council Committees.
Finck concurred with Madden. He also mentioned getting updates on what’s
happening with Southwest Broadband, streets, the various committees and
department heads.
Mayor Walter said having three items on the agenda would probably be
enough for a work session meeting.
Finck said the discussion on various topics could be spread out over several
meetings.
Cushman said more items will probably be added to the list as topics are
discussed in the work sessions. He said a date for a work session needs to be
chosen. Cushman suggested having the work session as a separate meeting from
a regular City Council meeting so it’s more informal and focuses on discussion of
topics. He suggested setting time limits for discussion.

10
 Madden agreed to have the work session meetings on a night separate from
regular Council meetings.
City Attorney Anderson said it would truly be a work session to gain and share
information without any action taken. He encouraged the Council not to put too
many items on the agenda. Attorney Anderson said he finds the JCC School Board
work sessions are really productive meetings because there is some good
information and ideas shared that gets focused on things that may get
overlooked. He said you spend a lot more time on topics than you would ever
anticipate.
Cushman suggested maybe focusing on one topic and solving that issue
instead of chipping away at five or six items and not feeling that any headway is
being made and interest fading and being lost.
After discussing dates to meet for a work session, the Mayor and
Councilmembers agreed to schedule a Council work session on Thursday, August
2nd, 2018 at 5:30 p.m. in the Council Chambers of City Hall.
Mayor Walter suggested limiting the work session meeting to two hours.
Skaret asked the Mayor and Councilmembers to email him their top items for
discussion at the work session.

ELECTRIC DEPARTMENT PICKUP

MRES Jackson Distribution Maintenance Foreman Jeremy Boogerd explained
they received two quotes for a three-quarter ton utility pickup from Asa Auto
Plaza in Jackson and Marthaler Chevrolet in Worthington. Boogerd said the
Electric Department’s current pickup has 112,000 to 114,000 miles on it and is
about 11 years old. He said the Street Department can use the Electric
Department’s old pickup as a sewer truck as the current sewer truck is about
wore out. Boogerd said the new truck will be white in color and will have power
mirrors. He said the power mirrors are beneficial when one person is at a site and
needs to back into an area with trailers or other equipment. Boogerd also
pointed out the quote from ABM Equipment and Supply for the utility box for the
new truck. He said if the purchase of the truck is approved, then it will be taken
to Clear Lake, Iowa for the installation of the utility box.

11
 MADDEN/ANDERSON moved and it was carried to approve the purchase of
a 2019 Chevy 2500 Double Cab 1 WT 4x4 with power mirrors from Asa Auto
Plaza in Jackson for $28,600 and a utility box for $14,507.25 from ABM
Equipment and Supply of Hopkins, Minnesota.
Aldermen Matt Madden, Larry Anderson and Brandon Finck voted in favor
of the motion.
Alderman Dave Cushman abstained.
Boogerd thanked the Mayor and Council.

TORGERSON LANE WATER MAIN EXTENSION PAY APPLICATION

Skaret said the Torgerson Lane Water Main Extension project is complete. He
explained there were a number of complications in getting the project done.
Skaret said the contractor is asking for pay of $57,499.98. He noted the City is
actually imposing liquidated damages against the contractor for six-and-a-half
(6½) days. He explained that’s how much extra time it took the contractor to
complete the project than what was allowed in the contract. Skaret said there’s
still a possibility of a change-order being requested which is still being discussed.
Skaret said $62,870.94 was the contractor’s base bid for the project. He said
the recommendation to the City Council is the contractor is entitled to that minus
the liquidated damages which amounts to $57,499.98.
Cushman asked if there are some monies that could still be owed to the
contractor.
Skaret said the contractor had requested additional compensation for extra
work that they claim was not part of the contract. He said that issue is still being
discussed. Skaret said for now, the recommendation is to pay the contractor
$57,499.98. He said if it’s determined there will be a change order or extra
compensation, it will be brought before the Council for consideration.
Finck noted that City employees did some of the work on the project and he
doesn’t want the City to pay the contractor for work City employees did.
CUSHMAN/FINCK moved and it was unanimously carried to approve the pay
order of $57,499.98 to the contractor for the Torgerson Lane Water Main
Extension Project.

12
Other:

Scheduling of next regular City Council meeting

Skaret pointed out the next regular City Council meeting is scheduled for
Tuesday, July 3rd. He asked if a quorum of the City Council would be present.
Finck said he would be gone.
Mayor Walter suggested moving the regular meeting to Monday, July 2nd.
It was the consensus of the Mayor and Council to hold the next regular City
Council meeting on Monday, July 2nd at 6:30 p.m.

Request from City of Lakefield regarding dog pound

Skaret said he received a phone call from the Lakefield Police Chief inquiring
whether the City of Jackson would be interested in partnering with the City of
Lakefield in some way to build an animal shelter for stray dogs and cats.
Skaret said he would pass along the request to the Mayor and Council. Skaret
said he also spoke to Sheriff Shawn Haken who said many times the owner of a
lost dog or cat is found quickly through social media. He said Sheriff Haken wasn’t
sure if there was a need for a shelter.
Mayor Walter asked if a proposed animal pound would be terminal, meaning
that if an animal was not claimed after a certain number of days it would be
euthanized.
Madden asked if the Lakefield Police Chief had any suggestions.
Skaret said the City of Lakefield is very interested in doing something and they
are looking for partners for the project.
Cushman said to have the City of Lakefield take the lead on the proposal and
come back with cost figures.
Skaret said he would contact the City of Lakefield to see if they can come
forward with a more formal proposal to discuss.

13
ADJOURNMENT
With no further business, MADDEN/FINCK moved and it was unanimously
carried to adjourn the meeting.

________________________________
David A. Maschoff, Council Secretary

14