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11-14-2006 CCM MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 14,2006 1. CALL TO ORDER - 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Jim Haugen, Casey Stotts and Bill Arndt. Member absent was Kay Peterson. Others present were John Rodeberg, Director of Public Works and Marc Sebora, City Attorney. 2. INVOCATION - Rev. Brian Brosz, First Congregational- UCC, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF OCTOBER 24,2006 (b) SPECIAL MEETING MINUTES OF NOVEMBER 1, 2006 ( c) SPECIAL MEETING MINUTES OF NOVEMBER 8, 2006 (d) BID OPENING MINUTES OF NOVEMBER 7, 2006 Motion by Stotts, second by Haugen, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. ECONOMIC DEVELOPMENT AUTHORITY BOARD MINUTES OF SEPTEMBER 29, 2006 2. BUILDING DEPARTMENT MONTHLY REPORT FOR OCTOBER 2006 3. FIRE DEPARTMENT MONTHLY REPORT FOR OCTOBER 2006 4. PUBLIC ARTS COMMISSION MINUTES FROM SEPTEMBER 19, 2006 5. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES OF SEPTEMBER 19,2006 6. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES OF SEPTEMBER 25, 2006 7. HUTCHINSON AIRPORT COMMISSION MINUTES OF SEPTEMBER 28,2006 8. PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES OF OCTOBER 2,2006 9. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR SEPTEMBER 2006 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13068 - RESOLUTION CERTIFYING ASSESSMENTS OF THE CITY OF HUTCHINSON TO MCLEOD COUNTY 2. RESOLUTION NO. 13070 - RESOLUTION APPROVING TRAFFIC CONTROL DEVICES 3. RESOLUTION NO. 13074 - RESOLUTION FOR PURCHASE (COMPUTERS, LAPTOPS, PEACHTREE SOFTWARE, AND DIESEL FUEL) 4. CONSIDERATION OF VACATION OF A PORTION OF THE EASEMENT LOCATED ON THE SOUTH LINE OF LOT 14, RICE ADDITION, 630 DALE STREET SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (SECOND READING AND CITY COUNCIL MINUTES - NOVEMBER 14, 2006 ADOPTION OF ORDINANCE NO. 06-0446) 5. CONSIDERATION OF AMENDMENT TO SECTION 154.062 OF THE CITY CODE ADDING LANGUAGE TO ALLOW TOWING COMPANY OFFICE WITH IMPOUND LOT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (SECOND READING AND ADOPTION OF ORDINANCE NO. 06-0447) ( c) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR CHRIST THE KING CHURCH ON DECEMBER 2, 2006 (d) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH ON DECEMBER 21,2006 ( e) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS - CHANGE ORDER NO.1, LETTING NO. 14-PROJECT NO. 06-16 (HATS COLD STORAGE BUILDING) - CHANGE ORDER NO.1, LETTING NO.4-PROJECT NO. 06-12 (SOUTH MILL POND TRUNK SANITARY LINING) - CHANGE ORDER NO.2, LETTING NO.3-PROJECT NO. 06-03 (DENVER AVENUE) CHANGE ORDER NO.1, LETTING NO. II-PROJECT NO. 06-13 (AIRPORT T-HANGAR) (f) CONSIDERATION FOR APPROVAL OF ADVERTISING FOR BIDS FOR WASTEWATER TREATMENT SCADA PROJECT (LETTING NO. 13, PROJECT NO. 06-15) (g) CONSIDERATION FOR APPROVAL OF ADVERTISING FOR BIDS FOR MAIN LIFT STATION IMPROVEMENTS (LETTING NO.9, PROJECT NO. 06-11) (h) CONSIDERATION FOR APPROVAL OF DESIGN SERVICES AGREEMENT WITH SEH CONSULTING FOR NORTHEAST TRUNK STORM SEWER PHASES 2 & 3 (i) CONSIDERATION FOR APPROVAL OF CONTRACT WITH GOODPOINTE TECHNOLOGY FOR PAVEMENT MANAGEMENT CONSULTING SERVICES (j) CONSIDERATION FOR APPROVAL OF JOINT POWERS AGREEMENT WITH THE SOUTHWEST METRO DRUG TASK FORCE Items 6( e), 6(g), 6(h), 6(i) and 6(j) were pulled for separate action. Motion by Stotts, second by Arndt, to approve consent agenda with the exception ofthe items noted above.. Motion carried unanimously. Item 6( e) had further discussion. John Rodeberg noted that this is for a driveway that was inadvertently omitted from the bid. Motion by Arndt, second by Haugen, to approve Item 6( e). Motion carried unanimously. Item 6(g) had further discussion. John Rodeberg noted that this is for the lift station by Tartan Park. Staff noted that this is to replace two of the three pumps. Motion by Arndt, second by Haugen, to approve Item 6(g). Item 6(h) had further discussion. John Rodeberg noted that this agreement is to redesign the storm sewer up to the TH 15/North High Drive intersection. This will include completing a preliminary storm water engineering design report of the TH 15 storm sewer trunk line and storm water pond. City staff will then complete the plans and specifications. Motion by Arndt, second by Haugen, to approve Item 6(h). Motion carried unanimously. Item 6(i) had further discussion. Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that for the last three years staff has been developing a pavement management program. This agreement would allow GoodPomte Technology to complete a detmled Pavement Condition Index (surface 2 CITY COUNCIL MINUTES - NOVEMBER 14, 2006 review) survey on approximately 80 centerline-miles of roadway. GoodPointe would also maintain the system data and supply specific reports to the City through May 2008. The contract would be for a not-to- exceed amount of$20,700.00. Motion by Stotts, second by Arndt, to approve Item 6(i). Motion carried unanimously. Item 6(j) had further discussion. Dan Hatten, Police Chief, presented before the Council. Chief Hatten explained that the City has been involved with the Southwest Metro Drug Task Force since the late 1990s. The task force is made up of eight agencies for the purpose of targeting felony level narcotics distributors and the interdiction of narcotics traffickers within these agencies. The financial commitment associated with the agreement is $8400. Motion by Stotts, second by Haugen, to approve Item 6(j). Motion carried unanimously. 7. PUBLIC HEARINGS - 6:00 P.M. - NONE 8. COMMUNICATIONS. REQUESTS AND PETITIONS (a) REVIEW OF DEBT LEVY OPTIONS AND CLOSED BOND FUND - STEVE APFELBACHER, EHLERS & ASSOCIATES Ken Merrill, Finance Director, presented before the Council. Mr. Merrill explained that since three bond issues are going to be defeased, there are options available for the 2007 tax levy. Steve Apfelbacher, financial advisor, will present these options to the Council. Some funds will be freed up from the bond fund as well. Steve Apfelbacher, Ehlers & Associates, presented before the Council. Mr. Apfelbacher reviewed goals set by the Council last spring which included limiting the tax levy to $1.5 million per year, working toward a debt structure that keeps debt levies constant from year to year, increasing the debt levy 5% annually to keep pace with growth, until stable levy is achieved in 2015 and review the best ways to use cash to achieve these goals. Mr. Apfelbacher then reviewed the projected future debt levy with the series 2006A general obligation improvement bonds and the target debt levy vs. the projected debt levy. Mr. Apfelbacher explained that in 2006, the City retired three debt issues with available cash. The City will save $52,343 in interest expense. The future debt levy is reduced by almost $600,000 which provides two options for future levy reduction. Mr. Apfelbacher outlined the two different options for the Council to consider. The first is short-term levy reductions and the second is to defer savings for long-term levy reductions. Mr. Apfelbacher also explained that the City has approximately $722,000 available and uncommitted from a closed bond fund. In addition, the City could be receiving $200,000 in LGA. These additional funds can be used for priority projects to keep annual debt at or below $1.5 million, the City can establish a reserve to "buy down" future levies and the City can add these funds to an undesignated fund balance. Mr. Apfelbacher recommended conducting a debt study to best manage future debt. He also recommended continuing with the debt levy plan, using future levy reductions to reduce peak levy in 2015 and thereafter and using cash for capital projects, which would reduce future levies. No action was required. Ken Merrill the reviewed the funding commitments for 2006, which included an outcome-based budgeting program and completing a citizens survey. He then reviewed projects that have been approved or are being considered, which include the School Road underpass, Crow River Dam replacement, cold storage for the water/sewer department, City Center parking, and a new fire truck. Mayor Cook shared his thoughts on the recommendations and the proposed proj ects and how they should be funded. His hopes are that there will be a tax relief for the citizens. The tax relief fund and the projects listed above will be discussed at the next workshop scheduled for Nov. 28, 2006. A resolution creating a debt service tax relief fund will be drafted for the Council's consideration at the next Council meeting. 9. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF DOCUMENTS RELATED TO RETIREMENT SAVINGS ACCOUNT PROGRAM 3 CITY COUNCIL MINUTES - NOVEMBER 14, 2006 Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing reviewed the program which allows employees to contribute pre-tax dollars into a fund that is held in trust which can then be used to pay for eligible medical reasons once employment with the City is terminated. The City is looking at entenng into a program with ICMA, whom will be the administrator of the program. Ms. Ewing reviewed the dollars that could be used for contribution, which include the annual sick leave payout, vacation leave payout upon termination, retirement/death sick leave payout and annual police holiday payout. Another option is to make a one-time entry into the program with an annual reduction that could not be altered year- to-year. The City does not currently have a retirement program that includes coverage of medical insurance other than COBRA. Motion by Haugen, second by Stotts, to approve documents related to retirement savings account program. Motion carried unanimously. (b) CONSIDERATION FOR PROVIDING NOTICE OF OPEN ENROLLMENT FOR CITY OF HUTCHINSON TOWING SERVICES AND ESTABLISHING GUIDELINES OF ELIGIBLITY FOR OPEN TOWING Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that earlier this year the City was approached by a towing company, First Class Towing, that was interested in providing towing services. Because of that, the City realized that the current contract with Modern Mazda had expired in 2001. Staff is proposing to open up towing services to a "call list" type of program that would allow multiple towing providers to provide services. All providers would have to meet the requirements indicated in the proposed resolution. Some benefits to having "open towing" would allow greater efficiency in removing vehicles from traffic accidents, clearing parkmg lots, etc. Chief Dan Hatten clarified that there has been no problems with the current contract. General discussion was held regarding explicit contracts versus an open towing type program. Lowell Baumetz, Modern Mazda, presented before the Council. Mr. Baumetz stated he is not aware of any problems that have occurred over the life of the current contract. Mr. Baumetz noted that the aspects of AAA play into effect of towing services. Mr. Baumetz noted he is in favor of bidding out the contract. Gordon Evenson, First Class Towing, presented before the Council. Mr. Evenson explained that he wishes to provide a good customer-service based company to the City of Hutchinson. He stated that he feels having multiple towing service providers benefits the citizens of Hutchinson as well as the police officers on staff. Marc Sebora, City Attorney, pointed out that if the Council will be terminating the services of Modern Mazda, they must provide notice to them by December 1, 2006. Motion by Stotts, second by Arndt, to table this item to the November 28, 2006, City Council meeting. Motion carried unanimously. (c) CONSIDERATIONFORAPPROV AL OF SKETCH PLAN SUBMITTED BY STEVE KNISLEY FORA POLE BARN/STORAGE BUILDING DEVELOPMENT IN GOEBEL'S ADDITION Rebecca Bowers, Planning Director, presented before the Council. Ms. Bowers explained that this item was discussed at the last Council meeting at which time the Council directed staff to iron out issues related to maintenance and use ofthe site. The proposal is for a storage-unit development in the Industrial Park. One maj or issue is that the proposal does not currently comply with zoning requirements. This proposal could be developed via a Planned Development District only due to the variances in lot dimensions, building setbacks and parking and circulation setbacks. Staff drafted a definition of permitted uses within this development as well as additional requirements and restrictions ofthe development. These included but were not limited to limiting the maximum number oflots to 10, no outside storage, no sewer and water to the units, creating an association responsible for outdoor maintenance and snow plowing, creating a subdivision development agreement, and requiring landscaping and screening. If this proposal would move forward, severa steps would yet to have to be taken. Marc Sebora, City Attorney, stated that he has learned that Minnetrista and Corcoran have similar-type developments, however they are condominiumized. This means they are owned by the individual, however they are part of an association and are, for the most part, all under one big building. Mayor Cook noted that he has thought about this development and the location of it. He feels that since the 4 CITY COUNCIL MINUTES - NOVEMBER 14, 2006 C4 district already allows storage units, that may be the better fit, rather than in the Industrial Park which is more designated for job creation industries. He also likes the idea of storage only, and not providing water and sewer services. Mayor Cook noted he may be more in favor of a condominium-type idea. He is not in favor of a Planned Development District. Steve Knisely, applicant, presented before the Council. Mr. Knisely voiced some concerns with feedback he had received from City staff. He noted that there is a very nice development being constructed in Litchfield and there is one in Cold Spring that has been successful. Mr. Knisely also noted that providing sewer/water services is a huge selling point to these units. He also noted that condominiums don't go over very well due to liability issues. Council Member Arndt voiced that he was in favor of the idea. Council Member Haugen voiced concerns of having uniformity amongst the units with so many different owners. It was noted that lawn care services should be part of the development. Mr. Knisely noted that an association could be formed for this development. Council Member Stotts noted his concerns lie with maintenance of the development. Mr. Knisely noted that maintenance issues could be addressed in the covenants. Council Member Haugen suggested duplex units. Mr. Knisely noted that Motion by Arndt, second by Haugen, to approve sketch plan submitted by Steve Knisely for a pole barn/storage building development in Goebel's Addition in the Industrial Park which would include water/sewer services in a Planned Development District. Included would be the requirement of a bond or other protection and covenants. Roll call vote was taken: Haugen - aye; Arndt - aye; Stotts - aye; Cook- nay. Motion carried 3 to 1. 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF CITY UTILITY SAFETY PLAN DOCUMENT Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that the City and Hutchinson Utilities Commission have entered into a joint safety program. The document presented outlines the basic components of the Safety Program. If adopted, the document will be distributed to all City and HUC employees. In addition, several more documents will be coming to the Council in the future for the Council's consideration. Motion by Stotts, second by Arndt, to approve City Utility Safety Plan Document. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF AWARDING THREE-YEAR PROPOSAL TO ABDO, EICK & MEYERS FOR AUDIT SERVICES Ken Merrill, Finance Director, informed the Council that the City's current audit firm, Abdo Eick & Meyers have submitted a three-year proposal to provide services. Motion by Arndt, second by Stotts, to approve awarding three-year contract to Abdo Eick & Meyers for audit services. Motion carried unanimously. Mayor Cook requested that the firm provide an executive summary next year as they did this past year. (c) DISCUSSION OF HIGHWAY 7 PROJECT STATUS Kent Exner, City Engineer, noted that a ribbon-cutting ceremony will be held Monday November 20,2006, at 9:00 a.m. to open the new bridge. The roadways will be opened on Tuesday November 21, 2006. Although the roadways will be opened, street lighting will be continued to be worked on. The bridge will not be painted until next year due to the cold weather. Sidewalks along the highway will not be opened over the winter. Talks of next year's phasing has begun. Motion by Arndt, second by Haugen, to set November 20,2006, at 8:45 a.m. as an official meeting for the Council Members to attend the ribbon-cutting ceremony. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF CONTRACT WITH DONOHUE AND ASSOCIATES FOR 5 CITY COUNCIL MINUTES - NOVEMBER 14, 2006 WASTEWATER TREATMENT PLANT IMPROVEMENTS (TREATMENT/MBR IMPROVEMENTS) John Rodeberg noted that this contract will cover bidding, contract evaluation & award, construction contract administration, technical shop drawing review, answer contract clarification questions, final inspections and punch list development, record drawing preparation, equipment & system start-up assistance, equipment & system training, operation & maintenance manual development, resident project representative services, preliminary sewer service charge system update, final sewer service charge system update and phosphorous management plan update, for a total of$592,135.00. Ed Nevers, Donohue & Associates, stated that the project is anticipated to begin construction Spring 2007. Motion by Arndt, second by Haugen, to approve contract with Donohue & Associates for Wastewater Treatment Plant Improvements. Motion camed unanimously. (e) CONSIDERATION FOR APPROVAL OF CONTRACT WITH BRAUN INTERTEC FOR DUMP SITE REMEDIATION This contract is for closure ofthe old City dump site. It appears that the total cost ofthe project will now be $30,000 as opposed to originally estimated $20,000. There is required work that needs to be done as mandated the Minnesota Pollution Control Agency. The not-to-exceed amount ofthe contract is requested at $16,300. Motion by Arndt, second by Stotts, to approve contract with Braun Intertec for dump site remediation. Motion carried unanimously. (f) CONSIDERATION FOR APPROVAL OF AWARDING CONTRACT FOR REVERSE OSMOSIS MEMBRANE ELEMENTS (LETTING NO. 15, PROJECT NO. 06-17) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this project was rebid due to the first low bidder not having a bid bond included. The rebidding included another incomplete bid (addendum not acknowledged) and the second lowest bidder was Goldeneye Solutions Inc. with a bid of $338,000.00. Marc Sebora, City Attorney, reminded the Council that on a previous project an irregular bid was received which the City awarded. The City ended up getting sued for adjusting bid numbers. Mr. Sebora stated that the lesson learned is that no adjustments are made to a bid once received. This project cannot be delayed any longer. Motion by Cook, second by Stotts, to approve awarding contract for reverse osmosis membrane elements to Goldeneye Solutions Inc. m the amount of $338,000.00. A representative from Siemens, who had the irregular bid, approached the Council. He suggested going out for a third bid that may allow for more competitive pricing. Mike Gold, Goldeneye Solutions Inc., presented before the Council. Mr. Gold stated that his company submitted the low bid and submitted the proper documentation. Motion carried unanimously. (g) DISCUSSION OF ASSESSMENTS AT 465 NORTH MAIN STREET AS REQUESTED BY JIM RILEY Jim Riley, 465 North Main Street, presented before the Council. Mr. Riley stated that he is opposed to the assessments against his property due to the Hwy 7 improvement project. Mr. Riley stated that a Mn/DOT representative informed him that the state would be paying for all of the costs associated with the project. He also does not believe that his property is gaining any benefit from the stormsewer assessments especially. Mn/DOT put two storm sewers on his property that they said they would pay for. He also noted that his storm water drains into a state-owned pond. Kent Exner, City Engineer, stated that Mn/DOT did put a storm sewer pipe on Mr. Riley's property. Mr. Exner stated that a cost-split was done on the storm water ponds between the City and the State. The 6 CITY COUNCIL MINUTES - NOVEMBER 14, 2006 assessment policy states that the homeowner owns/pays for the storm water pipe from the street to their home. John Rodeberg commented that the City did pay for a portion of all the ponds and are maintained by the City. General discussion was held regarding meeting notices and procedures. Kent Exner also noted that he is under the impression that a Mn/DOT right-of-way acquisitioner may have spoken with Mr. Riley early on about acquinng his property. The Council requested that City staff, Mn/DOT staff and Mr. Riley meet regarding this issue. If it is not cleared up, Mr. Riley should come back to the Council. (h) CONSIDERATION FOR APPROVAL OF SETTING PUBLIC HEARING TO DISCUSS PROPOSED NON-SMOKING ORDINANCE FOR THE CITY OF HUTCHINSON Mayor Cook noted that for the past several months the City has been talking about a non-smoking ordinance. The Council would like to gain public feedback to discuss this in more depth. Motion by Arndt, second by Haugen, to approve setting public hearing for November 30,2006, at 7:00 p.m. to discuss proposed non-smoking ordinance for the City of Hutchinson. Motion carried unanimously. (i) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP TO DISCUSS EMPLOYEE PROCESS SELECTION AND ORGANIZATIONAL STRUCTURE IN THE PUBLIC WORKS DEPARTMENT Gary Plotz suggested that he and other staff members could put together some proposals on options for the organizational structure of the Public Works department now that John Rodeberg is leaving. Motion by Stotts, second by Haugen, to approve setting Council workshop for December 12,2006, at 3:30 p.m. to discuss employee process selection and organizational structure in the Public Works department. Motion carried unanimously. (j) CONSIDERATION OF RESCHEDULING ANNUAL PERFORMANCE REVIEW FOR CITY ADMINISTRATOR GARY PLOTZ Motion by Stotts, second by Haugen, to reset City Administrator performance review to December 12, 2006, following the workshop at 3:30 p.m. Motion carried unanimously. (k) CONSIDERATIONFORAPPROV AL OF SALE OF FORMER RAILROAD PROPERTY NOW OWNED BY THE CITY OF HUTCHINSON John Rodeberg, Public Works Director, presented before the Council. Mr. Rodeberg explained that Tom Daggett owns property east of the McLeod County Household Hazardous Waste building that he would like to swap with the City. The property that he would like to swap of a 30 foot strip of land near Daggett's Hutch Manufacturing site. The proposal is to have the County purchase the land adj acent to the Household Hazardous Waste facility at an agreed upon price with the City. The City would then transfer the 30 foot strip of land to Mr. Daggett and the proceeds of the sale would go to the City to pay down the McLeod Rail Authority debt. The proposed sale price is $16,650.00. Motion by Haugen, second by Arndt, to approve the sale of former railroad property now owned by the City of Hutchmson in the amount of$16,650.00. Motion carried unanimously. 11. MISCELLANEOUS (a) COMMUNICATIONS Resident of 45 4ili Avenue presented before the Council. The resident noted that he has no complaints regarding the Hwy 7 project. The resident voiced that he thinks the idea of opening up the towing services to an "open enrollment" is a 7 CITY COUNCIL MINUTES - NOVEMBER 14, 2006 good idea. He feels open market competitiveness is a good thing. David Nissan, 630 Shady Ridge Road, presented before the Council. Mr. Nissan stated that he feels Modern Mazda may not always be the most efficient and it is a good thing to open up the market to other competitors. Marc Sebora - Mr. Sebora thanked John Rodeberg for his years of service and noted what a benefit he has been to the City. All the Council Members thanked John Rodeberg for his contributions to the City over the past 17+ years. Gary Plotz - Mr. Plotz noted that he feels an individual should be temporarily appointed as the acting Public Works Director until the organizational structure is determined. He recommended that Kent Exner, City Engineer, be appointed in this role. Motion by Stotts, second by Haugen, to authorize Gary Plotz to make a temporary appointment based on employee qualifications. John Rodeberg bid farewell to the City. Mayor Cook noted that he feels the Council and staff need to develop a better process of review of proj ects and funding. This will allow for prioritization and he hopes it is included in the visioning process for 2007. 12. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Arndt, second by Stotts, to pay claims, appropriations and contract payments. Motion carried unanimously. 13. ADJOURN Motion by Arndt, second by Haugen, to adjourn at 9:25 p.m. Motion carried unanimously. 8