Watch the meeting
Zoom recording (opens on zoom.us): https://us02web.zoom.us/rec/play/kqV2sKkoPIJGy-IztZNE45YqNn7RFvuW7L6GbSsWB0r6DLcbd9EDv4NmSgo0VE1OlvN_wRc0zlP1tk5K.VoLQYwznugIvcAit?continueMode=true&_x_zm_rtaid=__Oqmjg3RiyhPRLSg9CyfQ.1642094175241.7754004746404dd08f2aad621c3439b4&_x_zm_rhtaid=69
What happened
- Approved Bolton & Menk proposal for preliminary data collection on Pearl Creek and Forest Street sanitary sewer improvements at $8,946
- Approved 2022 appointments: Acting Mayor Dan Rechtzigel; City Attorney Scott Riggs (Kennedy & Graven); City Engineer Derek Olinger (Bolton & Menk); Kenyon Leader as legal newspaper; Security State Bank of Kenyon as depository
- Resolution 2022-01 adopted; only 2022 fee increase was an additional $10 for Depot Park building rent
- Kennedy & Graven 2022 legal rates approved, raising the hourly base rate from $174.00 to $180.00
- Resolution 2022-04 approved a lot split at 302 Bullis St. for Hauge Lutheran Church, restoring the boundary between Lots 4 and 5, Block 29
- Resolution 2022-05 approved splitting a 2.49-acre parcel at 1221 Mantorville Rd for Cecelia Foss
- Sewer rate increase approved, effective with the April billing period beginning March 15, 2022, due to a projected shortfall
- Resolution 2022-02 accepted 2021 donations totaling $17,510.02
- Resolution 2022-03 declared Tom Gard's council seat vacant; remaining term under two years so Council may appoint through December 2022
- Approved job descriptions and postings for two part-time library positions as Assistant Librarian Barb Bonde retires in March
- Consent agenda approved payment of check numbers 73146 through 73255 and 3847E through 3854E
- All roll call votes carried 4-0-0; meeting adjourned at 7:52 p.m.
What was asked 30 raised · 17 settled
Every question, assignment, pending figure and unsourced claim from this meeting, quoted from the record, each checked against the county, census, listing, bid and budget data we hold.
X.A Agenda Item Summary CITY COUNCIL AGENDA ITEM REPORT DATE: February 8, 2022 SUBMITTED BY: Holli Gudknecht, Administration ITEM TYPE: Old Business AGENDA SECTION: OLD BUSINESS SUBJECT: Discuss Lease for Fire/EMS Vehicle SUGGESTED ACTION: The city received notification from Rosenbauer Equipment that the EMS/Fire rescue vehicle that was originally ordered in 2020 is nearing completion. The city previously paid $41,397 toward the $181,739 purchase price when the truck was ordered.
Background for the proposed lease through Kinetic Leasing/Security State Bank of Kenyon.
The arithmetic checks out exactly. A $181,739 purchase price less the $41,397 already paid leaves $137,434 to finance, which is the figure staff carried into the lease discussion.
2.8.2022 Council Packet and Agenda
Title Work Title work has been received for the parcels containing the Pearl Creek sanitary main. There are no existing easements associated with the Pearl Creek main.
Title work was received for the parcels containing the Pearl Creek main.
Title work on the parcels containing the Pearl Creek sanitary main found no existing easements associated with it. The engineer flagged that boundary survey work would be needed to establish utility and access easements for the main later, and the survey title search line in the proposal carried $20,780 for exactly that.
2.8.2022 Council Packet and Agenda
Since the remaining term is less than two years, the Council can appoint a replacement to serve until the term expires in December 2022. Vahlsing will advertise for interest in this position.
Resolution 2022-03 declared vacant the council seat resigned by Tom Gard at the December meeting.
At the meetingCouncil adopted Resolution 2022-03 declaring the seat vacant, 4-0.
The advertisement produced two interested residents, both interviewed on February 8 2022. The council appointed Kimberly Helgeson by Resolution 2022-10 on March 8 2022, carried 4-0-0, to serve out Tom Gard's term through December 2022.
3.8.22 Council Minutes · taken up again 2022-03-08
XI.B Agenda Item Summary CITY COUNCIL AGENDA ITEM REPORT DATE: February 8, 2022 SUBMITTED BY: Holli Gudknecht, Administration ITEM TYPE: New Business AGENDA SECTION: NEW BUSINESS SUBJECT: Discuss and possibly appoint person to City Council. SUGGESTED ACTION: To date the city has received interest from two persons for the vacant City Council seat.
Follow-up item on the February 8 agenda after Resolution 2022-03 declared the seat vacant.
The council appointed Kimberly Helgeson on March 8 2022 by Resolution 2022-10, motion by Rechtzigel and second by Ryan, carried 4-0-0. The stated reason for choosing her over John Naatz was more experience in some areas.
3.8.22 Council Minutes · taken up again 2022-03-08
Due to the access challenges associated with this line, the City may only receive one proposal for the work. Proposals will be available for review next month.
RFP was sent out the week before the February packet; access challenges may limit bidders.
Three proposals came in, not one. The council accepted Empire Pipe Services at $12,782.68 on April 12 2022, carried 5-0-0, against Pipe Services at $18,246.53 and American Environmental at $29,264.
The engineer warned the city might receive only one proposal; three arrived, and an earlier round in March 2022 that drew one quote had already been reissued.
4.12.22 Council Minutes; KENYON_BIDS.md · taken up again 2022-04-12
Motion approving collection of construction proposals - Motion approving City Engineer and Attorney to work with staff on acquiring drainage easement H:\KENYON_CI_MN\_General\Council Meetings\2022\2 - February 2022\02.1_North Street Drainage Improvements.docx 23 CITY OF KENYON, MINNESOTA CONSTRUCTION PLANS FOR Partial Plan NORTH STREET DRAINAGE OUTFALL IMPROVEMENTS GRADING, STORM SEWER RESOURCE LIST Northern Natural Gas JANUARY 2022 Kay Klemmer CITY OF KENYON 507-456-1137 City Hall TELEPHONE 709 Second Street
RFP with an alternate work option has been prepared so the City can award only part of the work if pricing is high.
The city collected proposals and awarded the work on June 14 2022. Eight proposals were received, and DeCook Drainage was low at $46,018.47 for base plus alternate work, approved 4-0-0.
6.14.22 Council Packet and Agenda; KENYON_BIDS.md · taken up again 2022-06-14
OLD BUSINESS None NEW BUSINESS Sewer Rate Study – Review Possible Sewer Rate Increase Administrator Vahlsing reviewed the sewer rate study that was completed and the proposed rate increase. The study shows an increase to existing sewer rates is necessary due to a projected shortfall.
Presented under New Business to justify the sewer rate increase.
At the meetingCouncil voted 4-0 to implement staff's recommended sewer rate changes.
The council accepted the shortfall finding and voted 4-0-0 to implement the staff-recommended sewer rates from the April 2022 billing period. The same shortfall reasoning recurred each year after: an 8% sanitary increase approved February 14 2023, a 2024 increase from $6.61 to $7.40 per thousand gallons, and a 2025 increase to $7.77 per thousand under a four-year plan traced to the 2021 utility rate study.
2.8.2022 Council Packet; 3-11-25 council packet · taken up again 2025-03-11
Motion by Henke second by Ryan to implement the staff's recommended sewer rate changes that would take affect with the April billing period that begins March 15, 2022.
Council approved the sewer rate increase following the rate study review.
At the meetingMotion carried 4-0-0.
The motion by Henke and second by Ryan carried 4-0-0 on a roll call, taking effect with the April billing period beginning March 15 2022. The city then repeated the March 15 effective date for the 8% increase approved February 14 2023.
2.8.2022 Council Packet and Agenda · taken up again 2022-02-08
Library Director Otte and the Library Board are requesting approval to create two part-time positions, a Youth Services/Assistant Librarian and a Library Assistant.
Assistant Librarian Barb Bonde will retire from her full-time position in March.
At the meetingCouncil approved both job descriptions and postings, 4-0 each.
Both positions were created. The council approved the Youth Services and Assistant Librarian job description and posting 4-0-0, then the Library Assistant job description and posting on a second motion. By the September 13 2022 budget review the library's 2023 budget showed a 2.4% overall decrease attributed to replacing the retiring children's librarian with two part-time employees.
2.8.2022 Council Packet; 9.13.22 Council Packet and Agenda · taken up again 2022-09-13
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye Motion carried 4-0-0. Motion by Bailey second by Ryan to approve the Library Assistant job description and posting.
Council approved both job descriptions along with the posting.
At the meetingBoth motions carried 4-0-0.
Both postings were approved and both were filled. The library's 2023 budget presented September 13 2022 reflected two part-time employees in place of the retired children's librarian, and a combined Library Assistant and Youth Services Librarian position appears as item 13 on the March 12 2024 city position list.
9.13.22 Council Packet; 3.12.24 Council Work Session Packet · taken up again 2024-03-12
This is the same format and rental price used for City other ag leases. Dick Nystuen would agree to the lease and rental price.
The city parcel had been farmed by Festal Farms as part of a larger 85-acre parcel recently sold at auction.
The lease was executed and ran for years. The January 14 2025 packet records that Dick Nystuen purchased the adjacent acreage in 2022 and began leasing the 2.25 acres from the city at that time. A companion lease presented April 12 2022 covered a separate 10.5-acre parcel east of the sewer plant at the same $170 per acre in 2022 and $180 in 2023 and 2024.
1-14-25 council packet · taken up again 2025-01-14
EDA Annual Meeting: Tuesday, January 25th @ 9 a.m. at Lacey's Kitchen & Cocktails (Rescheduled to March) City Council Meeting: Tuesday, February 8th @ 7 p.m.
Listed under Schedule of Upcoming Meetings.
The EDA annual meeting was held on March 15 2022 at 9 a.m., as confirmed by the upcoming meetings schedule printed in the March 8 2022 minutes and repeated in the April 12 2022 packet.
3.8.22 Council Minutes · taken up again 2022-03-08
Along with continued coordination with public work to restore equipment access to main, we will also be verifying sewer depths in wooded areas and channel crossings. Some of the stream crossings may be shallower than standards allow.
Early scoping for the Pearl Creek line identified this as a preliminary design question that could force a reroute.
The televising results confirmed the engineer's worry. The August 15 2022 update reported the mains in slightly poor to very poor condition and found the sanitary mains below Pearl Creek buried at an inadequate depth beneath the stream bed, making that main a suspected major source of clear water infiltration with improvements warranted as soon as feasible. Soil borings reported March 14 2023 then found bedrock shallower than anticipated, adding rock excavation cost.
8.15.22 Council Packet and Agenda; 3.14.23 Updated Council Packet · taken up again 2022-08-15
For this reason, part of the preliminary design process will include evaluating other options for rerouting the sanitary sewer through this area.
Preliminary design will compare the original lining scope to an alternative routing option before final design.
The city chose reconstruction over lining. The inadequate depth found in August 2022 pushed the project to a new main with a lift station, and on June 13 2023 the council awarded the 2023 Pearl Creek Sanitary Sewer and Gates Avenue work to BCM Construction at $1,241,494.22 against an engineer's estimate of $1,536,065. By September 10 2024 the work included full disconnection from the old Pearl Creek sewer main.
KENYON_BIDS.md; 9.10.24 Council Packet and Agenda · taken up again 2023-06-13
The storm sewer line is in need of replacement and has caused sinkholes in the surrounding area. The engineers estimated project cost is $75,000, including construction and design work.
Project addresses hillside erosion, a failing storm sewer line, and sinkholes discussed at the September 2021 budget session.
The $75,000 estimate covering construction and design held. Construction was awarded to DeCook Drainage on June 14 2022 at $46,018.47 for base plus alternate work, leaving about $28,981 of the estimate for design and contingency.
6.14.22 Council Packet and Agenda; KENYON_BIDS.md · taken up again 2022-06-14
Kennedy & Graven 2022 Rates for Legal Services Attorney Riggs reviewed the proposed rates for legal services for 2022. This increase would raise the hourly base rate from $174.00 to $180.00 an hour.
Annual review of legal services rates.
At the meetingCouncil approved the 2022 rates, 4-0.
The council approved the 2022 rates 4-0-0, moving the base rate from $174.00 to $180.00 an hour, a 3.45% rise. The same firm raised it to $188.00 for 2023 and to $196.00 for 2024, approved 5-0-0 on February 13 2024, so the base rate climbed 12.6% across three years.
2.8.2022 Council Packet; 2.13.24 Council Packet and Agenda · taken up again 2024-02-13
Resolution 2022-01: Establishing License Fees and Compensation Administrator Vahlsing stated that the only increase for 2022 was an additional $10 for the Depot Park building rent.
Presentation of Resolution 2022-01 establishing license fees and compensation.
At the meetingCouncil adopted Resolution 2022-01, 4-0.
Resolution 2022-01 passed 4-0-0 with the single $10 increase to Depot Park building rent. Depot rent stayed contentious as a fee line, since the council approved Resolution 2024-01 on February 13 2024 only after changing the depot rent figure again.
2.8.2022 Council Packet; 2.13.24 Council Packet and Agenda · taken up again 2022-02-08
Total fees for this engineering work are estimated to be $48,300 and the work should be completed by July 2022.
Follow-on to the January authorization of $8,946 in preliminary data collection for the 2023 sanitary sewer lining projects.
The February 8 2022 packet carried the request for the remaining preliminary design work at an estimated $48,300, and the council did approve the earlier Bolton and Menk preliminary data collection proposal by motion of Ryan and second of Bailey. The passages we hold cut off mid-sentence before recording a separate vote on the $48,300 scope, so the motion text approving that specific amount is missing.
2.8.2022 Council Packet and Agenda
Following completion of this work, we expect to have enough information to recommend a final design scope and budget for the project moving forward. Total fees are estimated at approximately $48,300 and a report would be available for review mid-summer.
Fee breakdown lists project management $2,475, televising RFP $25,045, and survey $20,780.
The $48,300 estimate breaks down as project management $2,475, sanitary cleaning and televising RFP $25,045, and survey title search and review $20,780. Actual billed fees never appear in any passage we hold, though the televising piece later came in far under its allowance at $12,782.68 when Empire Pipe Services was awarded the work on April 12 2022.
The $25,045 televising allowance was roughly double the $12,782.68 actually awarded.
2.8.2022 Council Packet and Agenda; KENYON_BIDS.md
Motion approving City Engineer and Attorney to work with staff on acquiring drainage easement H:\KENYON_CI_MN\_General\Council Meetings\2022\2 - February 2022\02.1_North Street Drainage Improvements.docx 23 CITY OF KENYON, MINNESOTA CONSTRUCTION PLANS FOR Partial Plan NORTH STREET DRAINAGE OUTFALL IMPROVEMENTS GRADING, STORM SEWER RESOURCE LIST Northern Natural Gas JANUARY 2022 Kay Klemmer CITY OF KENYON 507-456-1137 City Hall TELEPHONE 709 Second Street Frontier Communications Kenyon, MN 55946 Richard Schrantz
The existing storm sewer conveying runoff from North Street crosses private land.
The engineer confirmed the North Street storm sewer sits on private land with no easement of record and recommended acquiring and recording one, calling easements good practice rather than required. The February 8 2022 agenda listed authorization of the easement acquisition as a separate item, but no passage we hold records the motion or a recorded easement document.
2.8.2022 Council Packet and Agenda
XI.A Agenda Item Summary CITY COUNCIL AGENDA ITEM REPORT DATE: February 8, 2022 SUBMITTED BY: Holli Gudknecht, Municipal Liquor ITEM TYPE: Contracts AGENDA SECTION: NEW BUSINESS SUBJECT: Kenyon Muni - 2022 Rose Fest Street Dance Band Contract SUGGESTED ACTION: Approve Contract for the band The Dads to perform at Rose fest Street dance on August 20, 2022. 9:00 pm - 1:00 am. Terms are the cost is $2000 (plus50% of ticket sales over 400 persons).
Same arrangement as last year for the Kenyon Muni street dance.
The contract terms are on the record at $2,000 plus 50% of ticket sales above 400 persons for The Dads on August 20 2022, 9 pm to 1 am, the same arrangement as 2021. No passage we hold records the motion approving it, though the city clearly continued the practice, approving MTV's for the August 17 2024 street dance 3-0-0 on May 14 2024.
2.8.2022 Council Packet; 5-14-24 AGENDA
Along with continued coordination with public work to restore equipment access to main, we will also be verifying sewer depths in wooded areas and channel crossings.
Access to the Pearl Creek line is a constraint on both televising and construction.
The project figures label the pasture route as access through pasture with the final route to be coordinated by the city, and the same note still appears unchanged in the April 12 2022 packet. Access was resolved in practice, since televising was completed and reported in August 2022, but no passage we hold records the agreed route or an access easement document.
4.12.22 Council Packet and Agenda Updated
Resolution 2022-02: A Resolution Authorizing Acceptance of 2021 Donations Motion by Ryan second by Bailey to approve Resolution 2022-02 authorizing the acceptance of the 2021 donations of $17,510.02.
Resolution 2022-02 authorizing acceptance of 2021 donations.
At the meetingResolution adopted 4-0.
Resolution 2022-02 accepting $17,510.02 in 2021 donations passed 4-0-0 on a roll call. The itemized list behind the resolution is not in anything we hold, and the equivalent resolutions for 2022 and 2023 appear only as agenda attachment titles without dollar figures.
2.8.2022 Council Packet and Agenda · taken up again 2022-02-08
After reviewing the ad for the land auction staff realized that a 2.25-acre area of City owned had been farmed by Festal Foods.
Basis for proposing a new agricultural lease on the city parcel.
The January 14 2025 packet confirms the core of the claim, recording that Dick Nystuen purchased the adjacent acreage in 2022 and began leasing the city's 2.25 acres at that time. The auction records and a legal description or survey of the 2.25-acre parcel are not in anything we hold, so the acreage and the years Festal farmed it without a lease remain unverified.
1-14-25 council packet · taken up again 2025-01-14
Two manholes inaccessable
Field notes on the sanitary system map for the televising work.
The televising went ahead and produced a condition report, so access was sufficient to inspect the line. The August 15 2022 results describe the mains as slightly poor to very poor and the Pearl Creek crossing as inadequately buried, but no passage we hold says whether the two inaccessible manholes were reached or the buried one was located.
8.15.22 Council Packet and Agenda
All lines highlighted yellow on map to be televised. ! 4" 209' 601 605 611 615 627 804 2. City will clean line immediately prior to televising. Mapping may be inaccurate - only 8" 3.
Work note on the Forest Street sanitary main figure.
Later engineering confirmed small and variable diameters on Forest Street. The 2025 Street and Utility Improvements existing conditions table lists Forest Street from 8th to 6th at 4 to 6 inches cast iron and from 8th to 3rd at 4 inches cast iron, against the 8 inch mapping shown on the 2022 televising figure. No passage records the field verification result from the 2022 televising itself.
The 2022 RFP figure mapped these segments at 8 inches while the 2024 existing conditions table records 4 to 6 inch cast iron, confirming the engineer's suspicion that the mapping was inaccurate.
9.10.24 Council Packet and Agenda, Bolton & Menk existing conditions Table 4 · taken up again 2024-09-10
A lease estimate from Kinetic Leasing through the Security State Bank of Kenyon is attached. There are two proposed 7-year lease options.
Rosenbauer notified the city the vehicle ordered in 2020 is nearing completion and the balance must be financed.
No passage we hold records which lease option the council selected. Option one was $21,620 a year for seven years at 3.29% with the first payment at delivery, a total of $151,340; option two was $22,755 a year at 3.79% starting March 1 2023, a total of $159,285, or $7,945 more. The February or March 2022 minutes carrying the motion on the Kinetic Leasing proposal would settle it.
2.8.2022 Council Packet and Agenda · would settle it: Council motion selecting a Kinetic Leasing option
X.A Agenda Item Summary CITY COUNCIL AGENDA ITEM REPORT DATE: February 8, 2022 SUBMITTED BY: Holli Gudknecht, Administration ITEM TYPE: Old Business AGENDA SECTION: OLD BUSINESS SUBJECT: Discuss Lease for Fire/EMS Vehicle SUGGESTED ACTION: The city received notification from Rosenbauer Equipment that the EMS/Fire rescue vehicle that was originally ordered in 2020 is nearing completion.
The first lease payment under option one would be due when the truck is delivered.
No delivery date for the Rosenbauer EMS and fire rescue vehicle appears in anything we hold. A Rosenbauer delivery confirmation or the council minutes recording the first lease payment would fix the date.
2.8.2022 Council Packet and Agenda · would settle it: A delivery date confirmation from Rosenbauer
V.B Agenda Item Summary CITY COUNCIL AGENDA ITEM REPORT DATE: February 8, 2022 SUBMITTED BY: Holli Gudknecht, Administration ITEM TYPE: Miscellaneous AGENDA SECTION: APPROVAL OF MINUTES and APPOINTMENTS SUBJECT: Appoint Planning Commission Member SUGGESTED ACTION: ATTACHMENTS: Planning Commission Application.pdf 12 13 14 AGENDA ITEM NO.
Agenda item V.B on the February 8 agenda with a Planning Commission application attached.
No passage we hold names the Planning Commission appointee or records a vote on the February 8 2022 agenda item. The February or March 2022 council minutes would name the person appointed.
2.8.2022 Council Packet and Agenda · would settle it: Council motion naming the appointee
COUNCIL AND STAFF GENERAL COMMENTS Chief Sjolander stated that they have been dealing with several incidents that have occurred in town.
Council and staff general comments at the end of the meeting.
We hold no police incident reports, no written chief's report and no crime statistics for Kenyon, so the several incidents cannot be identified or counted. A monthly police report in a council packet or the department's incident log would settle it.
2.8.2022 Council Packet and Agenda · would settle it: Police incident reports or a written chief's report
Decisions 15 motions
Who did what
| Person | At this meeting |
|---|---|
| Dan Rechtzigel Acting Mayor / Council Member | Called the meeting to order, presided, seconded the appointments motion and voted aye on all items |
| Doug Henke Mayor | Attended via Zoom; moved approval of the Hauge lot split and the sewer rate changes; commented on weather in Arizona |
| Molly Ryan Council Member | Moved approval of the Bolton & Menk proposal, appointments, annual licenses, legal rates, donations resolution and library job description |
| Mary Bailey Council Member | Moved approval of the agenda, consent agenda, Resolution 2022-01, Resolution 2022-05, Resolution 2022-03 and Library Assistant job description |
| Mark Vahlsing City Administrator | Presented the license fee resolution, both lot splits, the sewer rate study and library staffing request; will advertise for the vacant council seat |
| Scott Riggs City Attorney, Kennedy & Graven | Reviewed 2022 legal service rates and explained the resolution declaring the vacant council seat |
| Derek Olinger City Engineer, Bolton & Menk | Outlined preliminary activities, fees and tentative schedule for the sewer lining projects; ran the electronic portion of the meeting |
| Jeff Sjoblom Police Chief | Announced the hire of part-time Officer Rodney Roberts and reported on several incidents in town |
| Rodney Roberts Part-time Police Officer | Gave the Council a background on himself and introduced his wife, Michelle |
| Todd Greseth Goodhue County Commissioner | Gave an update on what's happening in the County during citizen comment |
| Holli Gudknecht Administrative Assistant / Deputy Clerk | Recorded the minutes; designated Deputy Clerk for 2022 |
| Kathy Flikke Finance Clerk | Attended; named to the 2022 Audit Committee |
| Allen Stolee Representative for Hauge Lutheran Church | Sought approval of the lot split at 302 Bullis St. |
| Russell Foss Power of attorney for Cecelia Foss | Sought approval to split a 2.49-acre parcel at 1221 Mantorville Rd |
| Barb Bonde Assistant Librarian | Retiring from her full-time position in March, prompting creation of two part-time library positions |
| Tom Gard Former Council Member | Resigned his seat at the December council meeting; seat declared vacant by Resolution 2022-03 |
| Michelle Vlasak Reporter, Kenyon Leader | Attended the meeting |
Organizations named: Bolton & Menk, Kennedy & Graven Chartered, Kenyon Leader, Security State Bank of Kenyon, Hero, Jorstad, Jacobsen Law Firm, Abdo Eick and Meyers, Northland Securities, Goodhue County, Goodhue County Public Works, Flom Disposal Inc., Waste Management, Veit Container Corp, Kenyon Ace Hardware, Kenyon VFW Post 141, Mary's Rustic Rose, Twice Found, D&S Banner, Taco Express, Che Che's Lunchera, Hauge Lutheran Church, Kenyon Fire Relief Association, Kenyon Municipal Utilities (KMU), Kenyon EDA, Kenyon Public Library
Figures
| Amount | What |
|---|---|
| $8,946 | Bolton & Menk proposal for preliminary data collection on Pearl Creek and Forest Street sanitary sewer improvements |
| $10 | Increase in Depot Park building rent, the only 2022 license fee increase under Resolution 2022-01 |
| $174.00 | Kennedy & Graven 2021 hourly base rate for legal services |
| $180.00 | Kennedy & Graven 2022 hourly base rate for legal services |
| $17,510.02 | Total 2021 donations accepted under Resolution 2022-02 |
| 2.49 acres | Parcel split from the larger Foss property at 1221 Mantorville Rd (zoned residential) |
Said at the meeting
Olinger stated that the City has two sanitary sewer lining projects listed on the infrastructure management plan for completion in 2023.
Engineer Derek Olinger · packet, verbatim
Administrator Vahlsing stated that the only increase for 2022 was an additional $10 for the Depot Park building rent.
Administrator Mark Vahlsing · packet, verbatim
Attorney Riggs stated that this resolution declares the open council seat of Tom Gard, who resigned his seat at the December council meeting.
Attorney Scott Riggs · packet, verbatim
The study shows an increase to existing sewer rates is necessary due to a projected shortfall.
Administrator Mark Vahlsing · packet, verbatim
Chief Sjolander stated that they have been dealing with several incidents that have occurred in town.
Police Chief Jeff Sjoblom (recorded as Sjolander) · minutes, verbatim
Mayor Henke commented on the nice weather in Arizona.
Mayor Doug Henke · minutes, verbatim
Resolutions and ordinances
- Establishing License Fees and Compensation Administrator Vahlsing stated that the only increase for 2022 was an additional $10 for the DepotRes. 2022-01
- Approving Minor Subdivision - Lot Split Application – 302 Bullis StRes. 2022-04
- Approving Minor Subdivision - Lot Split Application – 1221 Mantorville Rd (PID 66Res. 2022-05
- A Resolution Authorizing Acceptance of 2021 Donations Motion by Ryan second by Bailey to approve Resolution 2022-02 authorizing the acceptancRes. 2022-02
- Declaring Vacant City Council Seat Attorney Riggs stated that this resolution declares the open council seat of Tom Gard, who resigned his seRes. 2022-03
Agenda
Each item links to where it appears in the packet.
- I. CALL TO ORDER AND ROLL CALL
- II. CITIZEN COMMENTS
- III. ADOPT AGENDA
- III.A Adopt Agenda
- IV. CONSENT AGENDA
- V. APPROVAL OF MINUTES and APPOINTMENTS
- V.A Minutes for Approval
- VI. PRESENTATIONS/PUBLIC HEARINGS
- VII. ENGINEERING
- VII.A Request for authorization to begin preliminary engineering design for 2023 Pearl
- VIII. LEGAL
- VIII.A Resolution 2022-01: Establishing License Fees and Compensation
- VIII.B Kennedy & Graven 2022 Rates for Legal Services
- VIII.C Resolution 2022-04: Approving Minor Subdivision - Lot Split Application – 302
- IX. FINANCIAL
- X. OLD BUSINESS
- XI. NEW BUSINESS
- XI.A Sewer Rate Study - Review Possible Sewer Rate Increase
- XI.B Resolution 2022-03 Declaring Vacant City Council Seat
- XI.C Approve job descriptions and advertising for 2 part-time positions - Library
- XI.D Resolution 2022-02: A Resolution Authorizing Acceptance of 2021 Donations
- XII. OTHER BUSINESS
- XII.A Schedule of Upcoming Meetings
- XIII. COUNCIL AND STAFF GENERAL COMMENTS
- XIV. ADJOURNMENT
- A. City Council Work Session Minutes of December 14, 2021
- B. City Council Meeting Minutes of December 14, 2021
- A. Request for authorization to begin preliminary engineering design for 2023 Pearl
- B. Resolution 2022-01: Establishing License Fees and Compensation
- C. Annual Licenses
- D. Kennedy & Graven 2022 Rates for Legal Services
- E. Resolution 2022-04: Approving Minor Subdivision - Lot Split Application – 302
- F. Resolution 2022-05: Approving Minor Subdivision - Lot Split Application – 1221
- A. None
- A. Sewer Rate Study – Review Possible Sewer Rate Increase
- B. Resolution 2022-02: A Resolution Authorizing Acceptance of 2021 Donations
- C. Resolution 2022-03 Declaring Vacant City Council Seat
- D. Approve job descriptions - Library
- A. Schedule of Upcoming Meetings
Full packet text (459k characters)
The minutes
Official minutes as adopted, from 2.8.2022 Council Packet Agenda; text extracted from the PDF.
Council Meeting was duly held in the City Council chambers at 7:00 p.m. on the 11th day of January 2022. The meeting was called to order by Acting Mayor Rechtzigel.
- Present
- Council Members Dan Rechtzigel, Molly Ryan, and Mary Bailey
- Via Zoom
- Mayor Doug Henke, Administrator Mark Vahlsing, Attorney Scott Riggs
- Absent
- Also present
- Administrative Assistant Holli Gudknecht, Police Chief Jeff Sjoblom, Engineer Derek Olinger, Kathy Flikke Finance Clerk, Todd Greseth, Rodney and Michelle Robertson, and Michelle Vlasak reporter for Kenyon Leader
The meeting opened with the Pledge of Allegiance.
Citizen Comment
Goodhue County Commissioner, Todd Greseth, gave an update on what's happening in the County.
Adopt Agenda
Motion by Bailey second by Ryan to approve the agenda.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0Consent Agenda
Motion by Bailey second by Henke to approve the Consent Agenda, which includes payment of check numbers, 73146 through 73255; 3847E through 3854E.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0Presentations / Public Hearings / Recognitions / Prolamations
Police Chief Sjoblom announced the hire of part-time Officer Rodney Roberts. Officer Roberts gave the Council a background on himself and introduced his wife, Michelle.
Engineering
Request for Authorization to Begin Preliminary Engineering Design for 2023 Pearl Creek & Forest
Street Sanitary Sewer Lining Project Engineer Olinger stated that the City has two sanitary sewer lining projects listed on the infrastructure management plan for completion in 2023. One project is located on Forest Street between 3rd Street and 9th Street and the other is the Pearl Creek main located between 2nd Street and the wastewater plant. Olinger outlined the preliminary activities, fees, and the tentative schedule for this project.
Motion by Ryan seconded by Bailey to approve the proposal by Bolton & Menk to proceed with the preliminary data collection on the Pearl Creek and Forest Street sanitary sewer improvements at a cost of $8,946.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0Legal
2022 Appointments and Designations Planning Commission – 2 Year Term – Jerry Barrett, Dennis Wickum Public Utility Commission – 3 Year Term – Jim Malloy Library Board – 3 Year Term – Eileen Ehrich a. Acting Mayor – Dan Rechtzigel b. Legal Newspaper – Kenyon Leader c. Depository – Security State Bank of Kenyon 8 d. City Attorney – Scott Riggs, Kennedy & Graven Chartered e. Prosecuting Attorney – David Jacobsen, Hero, Jorstad, Jacobsen Law Firm f. City Engineer – Derek Olinger, Bolton & Menk g. City Auditor – Abdo Eich and Meyers h. Financial Consultant – George Eilertson- Northland Securiteis i. Investments – As Allowed Per Minnesota Statutes j. Deputy Clerk – Holli Gudknecht k. Weed Inspector – Doug Henke l. Audit Committee – Doug Henke, Molly Ryan, Kathy Flikke, Mark Vahlsing m. Personnel Committee – Dan Rechtzigel, Doug Henke and Mark Vahlsing n. Liquor Committee – Doug Henke, Russell Thurmes, Mark Vahlsing o. Kenyon Fire Relief Association – Doug Henke and Mark Vahlsing
Motion by Ryan seconded by Rechtzigel to approve the 2022 committee appointments and designations.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0Resolution 2022-01: Establishing License Fees and Compensation
Administrator Vahlsing stated that the only increase for 2022 was an additional $10 for the Depot Park building rent.
Motion by Bailey second by Ryan to approve Resolution 2022-01.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan – Aye
Motion carried 4-0-0Annual Refuse Licenses
Flom Disposal Inc., Waste Management, Veit Container Corp (Commercial, Temporary roll off, dumpster)
Annual Recycling Licenses
Flom Disposal Inc., Goodhue County Public Works, Waste Management (Commercial Recycling).
Annual Sidewalk Obstruction Licenses
Kenyon Ace Hardware, Kenyon VFW Post 141, Mary's Rustic Rose, Twice Found, D&S Banner, Taco Express
Annual Dance License
Kenyon VFW Post 141
Annual Mobile Merchant License
Che Che's Lunchera, Taco Express
Motion by Ryan second by Bailey to approve the annual refuse, recycling, sidewalk, dance, and mobile merchant licenses.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0Kennedy & Graven 2022 Rates for Legal Services
Attorney Riggs reviewed the proposed rates for legal services for 2022. This increase would raise the hourly base rate from $174.00 to $180.00 an hour.
Motion by Ryan seconded by Bailey to approve 2022 rates for legal services.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
9
Motion carried 4-0-0.
Resolution 2022-04: Approving Minor Subdivision - Lot Split Application – 302 Bullis St. (PID
66.320.0210) – Hauge Lutheran Church City Administrator Vahlsing stated that Allen Stolee, representing Hauge Lutheran Church, was seeking approval of a lot split that would restore the property boundary between lots 4 and 5 in Block 29 of Bullis' Second South Side addition to the original plat. The proposed lot split has been reviewed and signed off by the City Attorney.
Motion by Henke seconded by Ryan to adopt Resolution 2022-04 approving the lot split for Hauge Lutheran Church.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0Resolution 2022-05: Approving Minor Subdivision - Lot Split Application – 1221 Mantorville Rd
(PID 66.140.0270) – Cecelia Foss City Administrator Vahlsing stated that Russell Foss, POA for Cecelia Foss, was seeking approval to split a 2.49 acre parcel from their larger parcel located at 1221 Mantorville Road. The area is zoned residential. The proposed lot split has been reviewed and signed off by the City Attorney.
Motion by Bailey seconded by Ryan to adopt Resolution 2022-05 approving the lot split for Cecelia Foss.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0Old Business
None
New Business
Sewer Rate Study – Review Possible Sewer Rate Increase
Administrator Vahlsing reviewed the sewer rate study that was completed and the proposed rate increase. The study shows an increase to existing sewer rates is necessary due to a projected shortfall.
Motion by Henke second by Ryan to implement the staff's recommended sewer rate changes that would take affect with the April billing period that begins March 15, 2022.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0Resolution 2022-02: A Resolution Authorizing Acceptance of 2021 Donations
Motion by Ryan second by Bailey to approve Resolution 2022-02 authorizing the acceptance of the 2021 donations of $17,510.02.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0Resolution 2022-03 Declaring Vacant City Council Seat
Attorney Riggs stated that this resolution declares the open council seat of Tom Gard, who resigned his seat at the December council meeting. Since the remaining term is less than two years, the Council can appoint a replacement to serve until the term expires in December 2022. Vahlsing will advertise for interest in this position.
Motion by Bailey second by Ryan to adopt Resolution 2022-03 declaring vacant City Council seat.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0Approve job descriptions - Library Youth Services/Library Assistant Library Assistant Administrator Vahlsing stated that Assistant Librarian Barb Bonde will be retiring from her full-time position in March. Library Director Otte and the Library Board are requesting approval to create two part-time positions, a Youth Services/Assistant Librarian and a Library Assistant.
Motion by Ryan second by Henke to approve the Youth Services/Assistant Librarian job description and posting.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0Motion by Bailey second by Ryan to approve the Library Assistant job description and posting.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0Schedule of Upcoming Meetings
KMU Meeting: Tuesday, January 18th @ 2:00 p.m. EDA Annual Meeting: Tuesday, January 25th @ 9 a.m. at Lacey's Kitchen & Cocktails (Rescheduled to March) City Council Meeting: Tuesday, February 8th @ 7 p.m.
Council And Staff General Comments
Chief Sjolander stated that they have been dealing with several incidents that have occurred in town.
Mayor Henke commented on the nice weather in Arizona.
Administrator Vahlsing thanked Derek for running the electronic part of the meeting and thanked Mayor Henke for zooming in to the meeting.
Motion by Ryan second by Bailey to adjourn the meeting at 7:52 p.m.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Gard – Aye, Ryan - Aye
Motion carried 4-0-0Holli Gudknecht, Administrative Assistant Dan Rechtzigel, Acting Mayor
AGENDA ITEM NO. V.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Administration
ITEM TYPE: Miscellaneous
AGENDA SECTION: APPROVAL OF MINUTES and APPOINTMENTS
SUBJECT: Appoint Planning Commission Member
Suggested Action:
Attachments:
Planning Commission Application.pdf
12 13 14 AGENDA ITEM NO. VII.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Engineering
ITEM TYPE: Engineering
Agenda Section: Engineering
SUBJECT: Pearl Creek & Forest Street Sanitary Sewer Improvements
Update - Derek Olinger, City Engineer 1. Approve Continued design and completion work.
SUGGESTED ACTION: The City Engineer will provide an update on Pearl Creek & Forest
Street Sanitary Sewer Improvement project. The two sewer lining projects are listed on the infrastructure management plan for 2023. They are located on Forest Street (9th St to 3rd St) and 2nd Street to the wastewater plant. To date design work has involved cleaning and televising the affected lines and survey work of the areas impacted by the project.
The City engineer is requesting Council approval to complete the remainder of preliminary design, alternatives analysis, data collection and survey work. This work will be used to complete final design, scope and budget for the project. Total fees for this engineering work are estimated to be $48,300 and the work should be completed by July 2022. See attachments below for more information.
Motion Needed
Attachments:
01.1_Pearl Cr-Forest St San Sewer Improvements_v2.pdf 01.2_Televising RFP Figures.pdf 01.3_Proposal_2-4-22_v2.pdf
Pearl Creek & Forest Street Sanitary Sewer Improvements In January, council authorized us to move forward with various preliminary activities for this project. Updates from this work are summarized below.
Televising RFP
The request for sanitary televising proposals was sent out this week and will be available for review at the next council meeting. Due to the access challenges associated with this line, the City may only receive one proposal for the work. Proposals will be available for review next month. Figures from the RFP packet are attached.
Title Work
Title work has been received for the parcels containing the Pearl Creek sanitary main. There are no existing easements associated with the Pearl Creek main. Information from the property legal descriptions is also useful in building the survey scope appropriately.
Early Scoping
After pulling record plans for the original Pearl Creek line and reviewing the project area in additional detail, we have identified the key components of the preliminary design which will require analysis prior to moving forward with final design.
Along with continued coordination with public work to restore equipment access to main, we will also be verifying sewer depths in wooded areas and channel crossings. Some of the stream crossings may be shallower than standards allow. For this reason, part of the preliminary design process will include evaluating other options for rerouting the sanitary sewer through this area.
Evaluating these options and completing this preliminary work will allow the City to better understand costs and verify that the proposed scope is addressing the primary goal of the project: reducing inflow and infiltration within the Pearl Creek line.
Proposal The attached proposal includes services to complete the remainder of preliminary design, alternatives analysis, data collection and survey work. Following completion of this work, we expect to have enough information to recommend a final design scope and budget for the project moving forward. Total fees are estimated at approximately $48,300 and a report would be available for review mid-summer.
Requested Action: Approve proposal for continued preliminary design and survey work.
H:\KENYON_CI_MN\_General\Council Meetings\2022\2 - February 2022\01.1_Pearl Cr-Forest St San Sewer Improvements_v2.docx
Sanitary System Pearl Creek Main City of Kenyon, MN February 2022
225 221 215 8" " 309 5 12 6'' CIP 313 305 1002 20 ! 5 317 12" 11 8
20 1 ! 5 8" " 12 1002 E 15" 0 Y6
Highway
WA 8" ! 5 ! 5 H ! 5 308 306 304 302 HIG 205 12" ZR-010 15" ! 5 HIGHWAY 60 E ZR-030 12"
Highway 56
12"! 5 5! ! 5 56 ! 5 ZR-020 12" 12 " 6'' ! 5
? A @ 12" ! 5 SKOGEN LN ! 5 1 15" 60 8" CIP 8" 8" 30 ! 5 ! 5 8" ! 5 201 12" " 307 305 12 303 1001 ZR-030 5! !5 8" ZR-010 ZR-020 401 8" 1001 " 12 8" 12" 8" ! 5 200` 8" PC-010 ! 5 8" ! 5 " 5 PC-010 ! 12
! 5 ! 5 11 11
" 8" 12 ! 5 370` 8" 8" ! 5 8" ! 5 KENYON CEMETER " Y 8" 12 ! 5 RD ! 5 ! 5 PC-020 12" ! 5 ! 5 LL HI 8" N RE 275` G 8" " MO !5 12 8" 8" 62 ! 5 PC-030 6
! 5 N 56 ! 5 " HIG HW 8" 12 AY 8" 40 ! 5 3` Two manholes 626 1 inaccessable 12" ! 5
Langford Ave
Access through pasture 8" ! 5 ! 5 PC-040 (final route to be 614 8" 2 10 10 8" ! 5 coordinated by City) ! 5 ! 5 T ! 5 8" 141` 103 SS S 8" CRO PC-050 706 708 712 ! 5 NORTH ST ! 5 8" 8" 8" ! 5 MART ST ! 5 8" 607 613 617 621 12 8" Buried Manhole, 243`
Slee
15 unable to locate 707 711 717 23 19 ST 5 PC-060 ! 8"
Map Document: \\arcserver1\GIS\KENYON_CI_MN\_Basemap\ESRI\Pro\2022\Kenyon_SanitarySewer\Kenyon_SanitarySewer.aprx | Username: Kendell.Hillis | Date Saved: 2/1/2022 2:38 PM 8" ! 5 275` PN-020 PN-010 ER 702 706 714 718 ! 5 WAT 10" 722 ST 155` 8"
620 287` 10"
309 5 FRONT ST ! 5 19 PINE
621 ! 110 10" 10" 103 10" ST
618 ! 5 ! 5 ! 5 Access through
626 8"
620 PC-070 private Drive to here ! 5
621 111 116
620 619 108 8" 109 10" 115 1000
625 ! 5 110 121 8" 8" 264`
623 ! 5 ! 5 115 114 123 8"
632 8" 119 118 ! 5
624 ! 5 5 1ST ST ! 129 123 ! 5 PC-080
631 128
8" 625 ! 1010
624 127 5
132 1022 131 8" 1010 341` 1112 1114
634 902 133 1028 1032 1038
627 626 ! 5 8" 1028 1102
627 138 1120 137 10"
628 1018 Work Notes 1. All lines highlighted yellow on map to730 be cleaned, 704 714 720
635 636 704 televised, and located. 8" 8" 8" ! 2. See 8"legend below for other site8" 5 3. Coordinate Access! 5 ! condition info. 5 private property with City ! 5 2ND ST W G V X 12 ! 5 ! 5 ! 5 8" ! 5
629 to staff. 8"
635 638 PC-090
? A @ 11 Contact - Wayne Ehrich 507-273-1953 03 1111 56
8" RED WING AVE MA 701 709 713 715 719 903 1049 N TO 11 11 RV
637 631 I I
! LL Legend HI
634 ! 5 10" GH Setup at this manhole will require E RD
632 213 214 223 traffic control in conformance with
642 WAY MNMUTCD - see specification 215 ! 5 Sanitary Pipe 218 (By Material) Sanitary218 Forcemain 223 8"
641 217 210 56 PVC
633 S 2235 ! Sanitary222 Manhole
26 222 8" VCP8" 226 ! 5 5 LAWN ST ! 1131 ! 5 3RD ST ! 5 Ú [ Sanitary Lift Station 8" 1121 227
648 1029 8" 302
645 CIP ! 5 303 631 304 301 Parcels 301 306 809 304 CIPP 308 Lined 305 304 City Limits 307 309 310
648 312 Unknown Pearl Creek 10"
653 313
20 8"
Access314 Route (Approx)
637 0 200 Steep Grade (Approx) 316 804 808 812 816 820 824 1221
Feet 321 712 Accessible322 718
653 650 Manhole 322 Source: City of Kenyon, Goodhue 8" County 8" ! 5 ! 5 HOME ST 5 8" ! 411 402 8" 711 809 815 823 827 831 17 Sanitary System Forest Street Main City of Kenyon, MN February 2022
! 5 ! 5 ! 5 ! 5 ! 5
? A @ ! 5 ! 5 8" 8" 8" 8" ! 5 60 ! 5 8"
8" RED WING AVE 8" HI 701 709 713 715 719 635 303 309 315 401 401 419 425 223 635 433 503 503 523 529 605 613 621 621 625 GH 637 631 641 511 609 645 653
12" 653
WAY ! 5 FR-050 ! 5 10" 213 214 56 SPRING ST 8"
Langford Ave
S 216
? A @ 8" 218 217 218 223 310 314 318 322 404 408 412 418 424 210 504 514 604 610 616 620 624 56 430 222 ! 5 FR-060 222 223 12" 12" 8" 8" 8" 5LAWN ST ! 8" ! 5 226 ! 5 5! !5 ! 5 3RD ST ! 5 ! 5 227 8" FR-070 8" 302 ! 5 303 631 304 301 8" 145' 521 304 503 306 809 303 309 317 302 403 407 305 413 419 425 429 509 515 308 309 623 627 307 304 314 ! 5 FR-080 309 310 308 312 10" 8" 8" 8" 313 314 316 315 316 804 808 812 816 820 304 310 316 322 404 408 412 420 426 432 510 8" 233' 321 712 718 322 504 322 322 Unk. 8" 8" 8" 8" 8" ! 5 HOME ST ! 5 5 4TH ST ! ! 5 ! 5 !5 Unk. ! 5 FR-090 ! 5 402 401 406 403 8" 711 409 404 406 303 415 411 8" 407
309 311 409 425 8" 503 509 408 Unk. 717 721 725 729 803 809 815 823 412 429 411 421 410 414 411 5 Unk. 8" 361'
Bullis St
418 ! ! 5 415 ! 5 414 4TH ST 504 508 512 ! 5 421 8" 8" 603 424 418 715 420 713 427 420 410 ! 5 5 FR-100 ! 428 8" ! 5
502 501
506 8" 8" 8" 5TH ST 504 503 5 5TH ST ! ! 5 ! 5 8" 8" 420' 509 510 507 620 509 ! 5 512 513 520 513
513 517 8" 526 517 711 8" 515 522 521 400 517 8" ! 5 FR-110 530 523 530 529 521 532 529 523 534 533 ! 5 ! 5 CENTENNIAL DR 8" ! 5 ! 5 529 529 529 540 8" 301' 538 535 529 529 529 539 624 8" 529 529 8" 529529 529 529 529 544 543 544 529529 529 616 543 8" 8" 8" 8" 8" ! 5 5 6TH ST ! ! 5 ! 5 ! 5 ! 5 FR-120 8" 8" 549 600 603
Spring St
603 603 615 602
Map Document: \\arcserver1\GIS\KENYON_CI_MN\_Basemap\ESRI\Pro\2022\Kenyon_SanitarySewer\Kenyon_SanitarySewer.aprx | Username: Kendell.Hillis | Date Saved: 2/1/2022 2:38 PM 604 606 324 322 623 603 605 606 607 609 608 608 612 609 607 612 ! 5 8" 8" 8" 425'
Trailer Ct
608 609 615 304 610 615 308 609 618 610 622 611 621 612 615 8" 621 ! 5 5 8" ! 616 404 613 510 630 627 624 626 614 ! 5 6" 6" 8" ! 5 ! 5 ! 5 629 701 ! 5 7TH ST
Washington St
8" FR-130 705 702 702 703 703
326 706 ! 5 603 607 611 615 621 625 706 707 629 705 8" 706 707 8" 713 ! 5 710 713 8" 394' 717 710 713 714 719 530 ! 5 717 608 612 616 622 626 626 8" 711 714 404 714 ! 5 514 FR-140 725 8" 8TH ST ! 5 ! 5 8" ! 5 ! 5 305' 8S-010 8" Work Notes ! 5
300 51. All lines highlighted yellow on map to be televised. ! 4" 209' 601 605 611 615 627 804 2. City will clean line immediately prior to televising. Mapping may be inaccurate - only
8" 3. Coordinate with City staff as needed. televise if diameter allows. If so, Contact - Wayne Ehrich 507-273-1953 locate line to extent possible 8" 8"
I ! FORE ST S Legend 602 602 820
Sanitary Pipe (By Material) Sanitary Forcemain T
8" 8" 8" ! 5 ! 5 ! 5 5 9TH ST ! ! 5 PVC ! 5 Sanitary Manhole 8" 701 8"
Southview Estates 901
VCP Ú [ Sanitary Lift Station 603 603 627 902 8" CIP Parcels CIPP Lined City Limits ! 5 Unknown 8" ! 5 0 200 930 Feet 8" Source: City of Kenyon, Goodhue County 18 February 4th, 2022
Mr. Mark Vahlsing
City Administrator City of Kenyon
RE: Pearl Creek and Forest Street Sanitary Improvements
Proposal for Preliminary Design & Survey Services
Mr. Vahlsing:
This proposal includes continued engineering and surveying services related to preliminary planning and design for the above noted project.
1. Preliminary Activity Scope
A. Alternatives Analysis & Preliminary Design
The preliminary design work will consist of a closer review of the project area to better understand elements of the project prior to moving forward with final design. The preliminary design also includes a high level evaluation of an alternative sewer routing option, for use in comparison with the original sewer lining scope.
Preliminary design services will include the following basic tasks: • Develop original sewer lining scope o For use in better understanding costs o Includes evaluating both Pearl Creek and Forest Street Lines • Develop alternative sewer routing option o For comparison with lining project option • Cost Estimates & Figures • Soil Borings/Geotechnical Review (by sub-consultant) o If sewer lining option is favorable, information used for liner design o If secondary routing option favorable, information used for understanding soil and rock profile, increasing accuracy of cost estimates • Review of Sanitary Televising o Evaluate condition of existing pipe and suitability for lining o Locating mains and any service connections • Prepare & Present Preliminary Design Report
The final report will include recommendations regarding the project scope, for council consideration.
B. Topographic and Boundary Survey
Bolton and Menk will mobilize our survey crew to the site to complete topographic survey and sanitary structure inventory within the Pearl Creek project area. No topographic survey will be completed within Forest Street; in this area, only structure inventories are needed. Information
Pearl Creek/Forest Street Sanitary Improvements Feb. 4, 2022 Proposal for Preliminary Design & Survey Services Page 2
from this data will be needed for evaluation of the preliminary design work noted above and would eventually be required for final design.
Boundary survey would include establishing property lines within the area containing the Pearl Creek line. Information from this work will be required for establishing utility and access easements for the main later.
2. Fees A summary of the fees associated with the scope is provided below
Item Cost
Project Management $ 2,475 Sanitary Cleaning & Televising RFP $ 25,045 Survey (Title Search & Review) $ 20,780 Total $ 48,300
The fees noted above are estimated, based on the scope noted above. A breakdown of these fees is attached. Costs will be billed on an hourly basis and any substantial changes from the total fees provided will be discussed with the city. The terms of the work performed under this proposal would be in accordance with the existing Agreement for Professional Services between the City of Kenyon and Bolton & Menk.
3. Schedule The following provides a tentative project schedule, based on 2023 Construction. • Preliminary Data Collection Feb 2022 • Topographic & Boundary Survey Mar-Apr 2022 • Preliminary Design/Alternatives Analysis Mar-July 2022 • Feasibility Report (Assessment) July 2022 • Public Improvement Hearing/Order Project Aug 2022 • Final Design Sep-Dec 2022 • Approve Plans/Bidding Jan-Feb 2023 • Construction Summer 2023
We value our relationship with the City of Kenyon as your City Engineer and appreciate the opportunity to assist the City with this project. If there are any questions related to this proposal, please contact us.
Sincerely, Bolton & Menk, Inc.
Derek P. Olinger, P.E. Project Manager
Attachments: Engineering Fee Breakdown
Figures (Included in Agenda Packet)
Engineering Fee Breakdown 2/3/2022 Project: Pearl Creek & Forest Street Sanitary Sewer Improvements
Design Engr
Principal Survey Cr
City Engr Eng Chief Total Reimb Proj Survey AA Total Labor Total Hr Expense Engr/Srvy Tech
1.2 Project Management 15.0 15.0 $ 2,475.00 $ - $ 2,475.00 2.4 Alternatives Analysis, Prelim Design 7.5 65.0 40.0 112.5 $ 17,042.50 $ 8,000.00 $ 25,042.50 3.1 Survey (Topo & Boundary) 2.0 8.0 20.0 72.0 30.0 132.0 $ 19,740.00 $ 1,040.00 $ 20,780.00 Subtotal Hours 24.5 8.0 85.0 40.0 72.0 30.0 259.5 $ 39,257.50 $ 9,040.00 $ 48,297.50 *Reimbursible Expense Breakdown (Included in Totals Above) Geotechnical/Soil Borings $ 8,000.00 Remainder of Title Work $ 1,040.00
AGENDA ITEM NO. VII.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Engineering
ITEM TYPE: Engineering
Agenda Section: Engineering
SUBJECT: North Street Drainage Improvements
1. Authorization to seek construction proposals
2. Authorization to acquire drainage easements
SUGGESTED ACTION: At the September 2021 Council budget session, the ravine area directly near North Street was discussed by Public Works Director Ehrich. Over time the hillside in the area has eroded away. The storm sewer line is in need of replacement and has caused sinkholes in the surrounding area. The engineers estimated project cost is $75,000, including construction and design work. This project was included in the 2022 budget.
The city engineer has completed an RFP for collecting quotes from contractors. It has an alternate that can be utilized if quotes come in higher than expected. Attached below are the engineer's summary and portions of the RFP. The City Engineer is requesting 1) Council authorization to seek Construction Proposals, and 2) Authorization to acquire of drainage easements.
Motions Needed
Attachments:
02.1_North Street Drainage Improvements.pdf 02.2_North Street Plan Excerpt.pdf 01.2_Televising RFP Figures 8.5x11.pdf 02.2_North Street Plan Excerpt 8.5x11-red.pdf
North Street Drainage Improvements The ravine area directly north of North Street has had issues over the past several years with erosive action on the hillside washing away slopes. The storm sewer conveying runoff from north street is also beyond its useful life and holes in the pipe itself is causing sinkholes in the overlying green space.
More recently, we also discovered a small segment of sanitary sewer main in a nearby ravine that is at risk of damage from an adjacent washout. To mitigate the issues noted above, the north street drainage improvements was included in the 2022 storm sewer repair budget. The total project cost was estimated at $75,000, including construction and design work.
At the request of public works, we have completed a simple plan and proposal packet for use by the city in collecting pricing from contractors. The request for proposals was prepared with alternate work options, which will allow the City to award only part of the planned construction in case pricing comes in higher than expected.
An excerpt from the plans is included in the council packet. If found acceptable by the Council, we would be requesting approval to collect proposals from area contractors. If approved, proposals would be available for review by April.
Other Considerations
The existing storm sewer conveying runoff from North Street is located on private property and no easement exists. If the council would like move forward with the project, we would recommend that a formal drainage easement be acquired and recorded. Easements are not required, but are good practice.
Requested Action: - Motion approving collection of construction proposals - Motion approving City Engineer and Attorney to work with staff on acquiring drainage easement
H:\KENYON_CI_MN\_General\Council Meetings\2022\2 - February 2022\02.1_North Street Drainage Improvements.docx
CITY OF KENYON, MINNESOTA CONSTRUCTION PLANS FOR Partial Plan NORTH STREET DRAINAGE OUTFALL IMPROVEMENTS GRADING, STORM SEWER
RESOURCE LIST Northern Natural Gas JANUARY 2022
Kay Klemmer CITY OF KENYON 507-456-1137
City Hall TELEPHONE 709 Second Street Frontier Communications Kenyon, MN 55946 Richard Schrantz (Mi-Tech) Phone: 507-789-6415 612-368-9068
City Administrator: CenturyLink Mark Vahlsing David Haedtke 769-786-0750 Mayor: Doug Henke Jaguar Communications BRO RIVER SHEET SHEET TITLE City Council Members: Michael S. Broadwater FOR K ZUM NUMBER ORTH Tom Gard 507-214-0236 Molly Ryan CABLE N GENERAL Mary Bailey Mediacom 1 TITLE SHEET PROJECT LOCATION Dan Rechtzigel Paul Cousineau 507-456-1745
Project Location
City Engineer: Derek Olinger, P.E. Bolton & Menk, Inc. 2900 43rd St NW, Suite 100 (BASE WORK: NORTH ST) CIVIL Rochester, MN 55901 507-525-2685 (ALTERNATE WORK: TH 60) 2 DETAILS derek.olinger@bolton-menk.com 3 EROSION CONTROL PLAN 4 STORM SEWER PLAN AND PROFILE IVER Utility Superintendent (Electric &
Bro R
Water): 5 ALTERNATE WORK: TH 60 DRAINAGE K ZUM Randy Eggert
H For
507-838-6023 IMPROVEMENTS NORT utility@cityofkenyon.com
Public Works Director (Street &
Ark This Plan Set Contains 5 Sheets.
Sewer):
Side P
Wayne Ehrich
507-273-1953 R I V E R publicworks@cityofkenyon.com UTILITIES NORTH STREET GAS
Red Wing Avenue / Th 60 / Th 56
Minnesota Energy Resources
Tom Livingston 507-529-5129
Map Of The
FRONT STREET CITY OF KENYON
GOODHUE COUNTY, MN NOTE: EXISTING UTILITY INFORMATION SHOWN ON THIS PLAN HAS BEEN PROVIDED BY THE UTILITY OWNER. THE
Washington Street
CONTRACTOR SHALL FIELD VERIFY EXACT LOCATIONS PRIOR
TO COMMENCING CONSTRUCTION AS REQUIRED BY STATE LAW. NOTIFY GOPHER STATE ONE CALL, 1-800-252-1166 OR 651-454-0002. 1ST STREET R
Map Legend Th 60 Csah 12
0 200 400
Bullis Street Spring Street
FOREST STREET
SCALE FEET
c Bolton & Menk, Inc. 2022, All Rights Reserved PROJECT AREA SECONDARY ACCESS ROAD/TRAIL
TH 56 3RD STREET RECORD DRAWING
H:\KENYON_CI_MN\0H1124760\CAD\C3D\124760_G001.dwg 1/17/2022 4:58:37 PM
PROJECT DATUM: INFORMATION HORIZONTAL: OBSERVER:
2011 Goodhue County Coordinate System CONTRACTOR: VERTICAL: DATE: NAVD 1988 in Feet CITY OF KENYON, MINNESOTA DESIGNED NO. ISSUED FOR DATE I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED LCW SHEET BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED 2900 43RD STREET NW, SUITE 100 PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. DRAWN ROCHESTER, MINNESOTA 55901
Derek P. Olinger, P.E.
Phone: (507) 208-4332 Email: Rochester@bolton-menk.com CHECKED LCW DPO NORTH STREET DRAINAGE OUTFALL 1 54287 1/14/22 R www.bolton-menk.com CLIENT PROJ. NO. TITLE SHEET LIC. NO. DATE OH1.124760 24 >
>
OU
Snowmobile Trail
R
>
OU
>
North Fork Zumbro River
OU APPROX
OU OU OU CONST OU LIMITS > OU .00 OU 1+0 0 PI: 1 BP: >> > OU +12 >>1+00 . 93 PROTECT EXISTING REMOVE EXISTING STORM SEWER 4+00 >> CURB & GUTTER (103 LF) > OU ///// A-S DIAPHRAGM >>> /////
> A-S DIAPHRAGM >> ///// ///// >>/ / / / / / / / / / / MH-3 >> ///// STA:2+65.00 EX MH-1 >> >>/ / / / / / / / / / / / / >> STA:2+21.34 3+00 >> >> ///// > ///// >>/ / / / / / / / / / / >> ///// OU >> 15" RCP >> ///// 76.34 >> APRON - 4 >> ///// >>/ / / / / / / / / / / /////
>> >> ///// ///// >>/ / / / / / / / / / / / 15" RCP >> >> >> PI: 1+ /////
CONNECT TO EXISTING >> >>
/////
>> >> 1080 ///// >>/ / / / / / / / / / / /////
>> > >>/ 1085 OU >> 2+00 ///// STORM SEWER >> >> 1090 >> 1095 110 > ST 5 0 110 OU MH - 2 11 TH 11 20 11 15 10 S 2 5 11 NOR OU 11 30 > LEGEND > OU 952 EXISTING CONTOUR MINOR (1') CLEAR AND GRUB TREES & BRUSH TO > ACCOMMODATE STORM SEWER PIPE 950 EXISTING CONTOUR MAJOR (5') > PROPOSED GRADING LIMITS OU > >> >> >> PROPOSED STORM SEWER PIPE/CULVERT > STORM SEWER FLARED END / APRON //////////////////////////////////////////////////// REMOVE PIPE >
> >> >> >> A-S DIAPHRAGM
1150 > 1150 NOTES 1145 EX MH-1 1145 1+12.9-0.0' MH - 2 1. CONTRACTOR SHALL USE EXCESS CLAY SOIL FROM TRENCH TO FILL IN ADJACENT 1140 R=1131.92 I=1129.92 12" S 1+76.3-0.0' 1140 WASHOUTS NEAR NEW PIPE (GRADED FLOW LINES SHALL BE LOCATED A MIN 10' FROM DESIGN 48-4020 NEW PIPE) I=1129.82 12" N R=1130.01 2. MAINTAIN 18" MINIMUM VERTICAL SEPARATION BETWEEN SEWER AT CROSSING 1135 I=1123.73 15" S 1135 63' I=1118.95 15" NW 15" CAS STM 1130 @ 9.60% 1130 1125 1125 1120 1120 1115 1115 MH-3 13 3+10.0-0.0' 1110 15" CA 4' DESIGN 48-4020 1110 S @ 20.3 STM R=1098.93 0% 1105 I=1091.82 15" SE I=1091.62 15" NW TRAIL 1105 1100 GRADE 10' FLAT OUTFALL AREA FOR 1100 RIPRAP (SEE DETAIL ON SHEET 2) 1095 1095 1090 1090
c Bolton & Menk, Inc. 2022, All Rights Reserved A-S DIAPHRAGM 35' 1085 15" CAS STM 1085 @ 5.50% 1080 PROTECT VCP SAN SEWER PIPE 1080 (VERIFY LOCATION AND DEPTH 15" CAS APRON 1075 DURING CONSTRUCTION) I = 1089.67 1075 1070 1070
H:\KENYON_CI_MN\0H1124760\CAD\C3D\124760_C501.dwg 1/17/2022 5:06:08 PM
1065 1132.3 1132.5 1131.9 1130.2 1123.0 1114.4 1109.0 1105.0 1100.5 1095.6 1090.2 1079.6 1065 1060 1132.30 1132.52 1131.92 1130.15 1122.97 1114.40 1109.01 1104.98 1100.54 1095.59 1090.15 1079.56 1060 1+00 1+50 2+00 2+50 3+00 3+50 4+00 CITY OF KENYON, MINNESOTA DESIGNED NO. ISSUED FOR DATE I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED LCW SHEET BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED 2900 43RD STREET NW, SUITE 100 0 10 20 PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. ROCHESTER, MINNESOTA 55901 DRAWN
Horz.& Vert.
SCALE FEET
Phone: (507) 208-4332 Email: Rochester@bolton-menk.com CHECKED LCW DPO NORTH STREET DRAINAGE OUTFALL IMPROVEMENTS 4 DEREK P. OLINGER, P.E. 54287 1/14/22 R www.bolton-menk.com CLIENT PROJ. NO. STORM SEWER PLAN AND PROFILE LIC. NO. DATE OH1.124760 25 >
Project Alternate: Fill Ditch & Place Culvert Grading / Culvert Plan & Profile
>
> NO RTH F
> ORK > R
ZUM 10" E EXIST > RIV >
BRO > FILL EXISTING WASHOUT EROSION & TURF PLAN ~22 CY NEW CLAY FILL (CV) AN R ~8 CY EXIST FILL (EV) >
VCP S >
> > -(EXCAV & RECOMPACT)
109 > 8.68 > CLEAR AND GRUB TREES & BRUSH TO > .37 ACCOMMODATE CULVERT & GRADING R
> 109 > 6 > > > APRON 1 > 17 TON RIPRAP CL III > 1 >> 1+00 5.8 >> 15" CAS > > 9 10 >> > >> APRON 2 > > 4.92 A-S DIAPHRAM 10 EP: 1+7 > > STA 0+95 86.7 1080 > > 7 > > 7.08 > > 1
> 109 >> 10 > 1+00 1110 95 ABANDONED SEWER PIPE >> > > .74 >> > > >> >
EP: 1+ ILE T >
74.92 MOB 1105 > >
Snow
> > 108 > 5 1100 109 > > 1
> 0 > RAIL 5 109 > > > 17 TON RIPRAP CL III >
1120 1120 > > >
> 1115 1115 1110 APRON 1 1110 > 3+30.7-267.0' R TRAIL > R=1097.32 > 1105 I=1095.80 15" N 1105 FINAL GRADE APRON 2 > 1100 3+72.3-278.5' R 1100 R=1087.82 1095 I=1086.30 15" S 1095 EXIST GRADE
Erosion / Turf Legend 1090 1090
A-S DIAPHRAM
1085 STA 0+95 1085 GRADING LIMITS PROTECT EX VCP SAN SEWER EXIST DITCH TOPSOIL BERM PERIMETER CONTROL 1080 (VERIFY LOC'N AND DEPTH PRIOR FLOW LINE 1080 SEDIMENT CONTROL LOG (TYPE WOOD CHIP OR COMPOST) TO PLACING CULVERT & FILL) INLET PROTECTION 1075 1094.9 1088.2 1075 1102.4 1097.9 1097.19 1089.51 1083.6 EROSION CONTROL BLANKETS, SEEDING AND FERTILIZING 1070 1070 0+50 1+00 1+50 1+75 RIPRAP CL III
NOTES NOTES (GRADING & CULVERT PLAN & PROFILE) LEGEND (GRADING AND CULVERT PLAN & PROFILE)
1. SEE SHEET 3 FOR EROSION, SEDIMENTATION AND TURF ESTABLISHMENT 1. CONTRACTOR SHALL SCARIFY EXISTING DITCH SURFACE A VARIABLE REQUIREMENTS DEPTH OF 6"-12" PRIOR TO PLACING NEW FILL. VARIABLE DEPTH 952 CONTOUR MINOR (1') SCARIFICATION INTENDED TO KEY NEW FILL INTO DITCH. 950 CONTOUR MAJOR (5') 2. DITCH CONTAINS 10- 15 CY OF PARTIALLY UNCOMPACTED FILL SOIL OVER PROPOSED GRADING LIMITS EXISTING SANITARY SEWER. CONTRACTOR SHALL REMOVE, SALVAGE, GRADE BREAK
c Bolton & Menk, Inc. 2022, All Rights Reserved AND RECOMPACT THIS FILL. THIS QUANTITY IS ACCOUNTED FOR IN PRICING SCHEDULE. >> >> >> PROPOSED STORM SEWER PIPE/CULVERT 3. EXPOSE AND VERIFY LOCATION OF EXISTING SEWER PRIOR TO ANY OVERLYING WORK. USE CAUTION WHEN COMPACTING SOILS WITHIN 3' STORM SEWER FLARED END / APRON OF EXISTING SEWER PIPE. //////////////////////////////////////////////////// REMOVE PIPE 4. FILL SOILS SHALL BE COMPACTED IN 12" MAXIMUM LIFTS AND SHALL BE COMPACTED WITH MECHANICAL SHEEPS FOOT COMPACTION >> >> >> A-S DIAPHRAGM EQUIPMENT. BUCKET PACKING ALONE WILL BE CONSIDERED INADAQUATE COMPACTION EFFORT.
H:\KENYON_CI_MN\0H1124760\CAD\C3D\124760_C501.dwg 1/17/2022 4:59:30 PM
CITY OF KENYON, MINNESOTA DESIGNED NO. ISSUED FOR DATE I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED LCW SHEET BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED 2900 43RD STREET NW, SUITE 100 0 10 20 PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. ROCHESTER, MINNESOTA 55901 DRAWN
Horz.& Vert.
SCALE FEET
Phone: (507) 208-4332 Email: Rochester@bolton-menk.com CHECKED LCW DPO NORTH STREET DRAINAGE OUTFALL IMPROVEMENTS 5 DEREK P. OLINGER, P.E. 54287 1/14/22 R www.bolton-menk.com CLIENT PROJ. NO. ALTERNATE WORK: TH 60 DRAINAGE OUTFALL IMPROVEMENTS LIC. NO. DATE OH1.124760 26 27 28 29 30 31 AGENDA ITEM NO. VIII.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Legal
ITEM TYPE: New Business
Agenda Section: Legal
SUBJECT: Ag Lease for City owned land
SUGGESTED ACTION: Recently an approximately 85-acre area owned by Festal Farms was sold by Auction. The land was purchased by Dick Nystuen. After reviewing the ad for the land auction staff realized that a 2.25-acre area of City owned had been farmed by Festal Foods. This area was contiguous to the 85-acre (but it was not part of the auction). The parcel is located directly east of the Wastewater plant overflow lagoon. The small parcel had been farmed by Festal Farms as part of the larger area for many years.
In order to address the contiguous farming staff would recommend an ag lease between the city and the owner of the contiguous larger parcel. A copy of the proposed lease is attached. This is the same format and rental price used for City other ag leases. Dick Nystuen would agree to the lease and rental price. Also attached below are maps of the area.
Attachments:
KenyonAgricultural Lease 2022-2024.doc
Aerial map of 2.25 acre area DOC020222-02022022150207.pdf Area map showing 2.25-acre parcel DOC020422-02042022115708.pdf
City of Kenyon
Agriculture Land Lease
2022-2024
City of Kenyon 709 2nd Street Kenyon, MN 55946
547435v4 BDL KE200-47
AGRICULTURE LAND LEASE AGREEMENT
THIS AGREEMENT, made this 11th day of February, 2022, by and between the City of Kenyon, a Municipal Corporation, ("City") and _________________, ("Tenant") of _________________________, Kenyon, MN 55946, is for the purpose of illustrating the rights and responsibilities of the parties to this Agreement. The parties to this Agreement do agree as follows:
1. Lease of Agricultural Property. In consideration of the rents and promises hereinafter described, the City hereby leases to Tenant 2.25 acres, more or less, of tillable agricultural fields located in the County of Goodhue and State of Minnesota, and described as set forth on Exhibit A, attached hereto and incorporated herein (hereinafter referred to as the "property").
2. Term. The term of this lease is for two farming years commencing on the 1st day of January, 2022, and terminating on the last day of December, 2024.
3. Holding Over. If Tenant remains in possession of the Premises after the expiration of the term, such holding over will only create a month to month tenancy, which may be terminated by either party at the end of any calendar month, upon thirty (30) days advance written notice. In the event of such holding over, Tenant shall perform all of the terms and conditions of this lease, except the rent and other charges which are paid annually to City shall be prorated on a monthly basis and paid in advance.
4. Rent. a. Rent shall be calculated on the basis of $170 per acre or portion thereof for the cropping year of 2022, and $180 per acre or portion thereof for the cropping year of 2023, and $180 Rent payments are due annually by the 27th day of April, beginning on April 27. 2022.
b. The Tenant waives any right to withhold rent in any claim against the City.
c. Rent shall be paid to the City of Kenyon, 709 2nd Street, Kenyon, MN 55946 and credited to the appropriate accounts.
5. Taxes. The City shall pay any ad valorem taxes on the property.
6. Sublease; Assignment. The Tenant cannot mortgage, encumber, assign as security, transfer, assign, or sublet their interest in this agreement, in whole or in part, without receiving prior written consent from the City. Violation of this provision shall constitute default by Tenant and shall be grounds for termination of this Agreement.
7. Maintenance of leased property. Tenant, at Tenant's own cost and expense shall keep and maintain the property in good order. Tenant shall not permit any waste or nuisance on the leased property. In the event the property is not properly maintained, the City may, after notifying the tenant, cause the property to be maintained. The costs of maintenance and an administrative fee will be billed to the tenant and become Tenant's responsibility.
8. Hazardous Materials. Tenant shall not store hazardous materials on the leased premises except such materials normal to and reasonably necessary for agricultural production and such
1 547435v4 BDL KE200-47
34 maintenance operations reasonably conducted on the premises. All hazardous materials shall be stored, handled, and disposed of properly in accordance with all local, state and federal rules and regulations, and any spill or discharge shall be immediately reported to the City. Improper storage, use, handling, or disposal of hazardous materials shall be grounds for termination of this lease agreement.
9. Costs associated with this Lease. The City is not responsible for paying any of the Tenant's costs associated with this lease, including preparation of the property for farming, brush or tree removal, rock removal, etc. The Tenant shall pay all costs related to farming the property, including preparation of the property for farming, brush or tree removal, rock removal, etc. and the cost of plowing property back at the end of this lease.
10. City Responsibilities. The City shall be responsible for the following:
a. The City shall peaceably allow the tenant to occupy the land for normal, customary farming and agricultural practices.
11. Tenant Responsibilities. Tenant shall be responsible for the following:
a. The Tenant shall occupy the premises for agricultural purposes only. The Tenant will use normal, customary farming practices in the care and maintenance of the property and, without limiting said customary practices, keep the premises free of noxious weeds.
b. The Tenant shall comply with all statutes, ordinances, rules, orders, regulations, and requirements of the federal, state, county, and municipal governments regulating the use of the property.
d. The Tenant shall allow access to the property by the City and its agents during all reasonable hours for the purpose of examining the property to ascertain compliance with the terms and conditions of this lease and for any other lawful purpose including, but not limited to, exhibiting the property for sale.
e. The Tenant shall not remove or move any existing structures or improvements made to the property by the City. The Tenant may not store equipment on the property for periods exceeding one week without coordinating such storage with the City.
f. The Tenant shall pile rocks or other items, including but not limited to brush and trees, taken out of any field in areas designated by the City. The Tenant shall pay all costs related to brush or tree removal, rock removal, etc., including transportation to a disposal site.
g. Tenant shall not permit or authorize use of the property by any party for recreational purposes (e.g., hunting, ATV riding, etc.)
h. Tenant shall provide, upon request by City, accurate documentation of all herbicides and pesticides used on the property. City reserves the right to prohibit the placement of any herbicides and/or pesticides on the land.
2 547435v4 BDL KE200-47
35 i. Tenant agrees to leave the land chisel plowed or receive advance approval from the City to leave it in any other condition prior to the termination of this lease.
j. Tenant agrees to cultivate the premises in a careful manner, and to maintain and keep up the fences so as to protect all crops from injury and waste, and to protect any fruit or shade trees thereon, and to commit no waste or damage on the premises and to suffer none to be done by any other parties.
12. Liability; Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officers, agents, and employees shall not be liable or responsible in any manner to the Tenant, Tenant's successors or assigns, the Tenant's contractor or subcontractors, material suppliers, laborers, or to any other person or persons for any claim, demand, damage, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance of this Agreement, nor will the Tenant make any claim against the City for or on account of any injury, loss or damage resulting from the Tenant's property or use thereof. The Tenant, and the Tenant's successors or assigns, agree to protect, defend and save the City, and its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys fees, consulting services, and other technical, administrative or professional assistance. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled under Minnesota Statutes, Chapter 466 or otherwise.
13. Insurance. The Tenant shall acquire and maintain property and/or liability insurance in at least the sum of $500,000, per occurrence, for bodily injury and property damage coverage. The Tenant's policy shall include the City as a named additional insured, shall be in a form acceptable to the City and shall provide insurance with respect to Tenant's full indemnification and defense responsibilities contained in this lease. Said insurance policy shall not be cancelable, reduced or materially changed unless prior written notice shall have been given to the City in accordance with applicable Minnesota statutes. The Tenant shall provide proof of insurance upon request by the City.
14. Default. Any of the following shall constitute a default under this lease:
a. Tenant fails to pay money owed to City under this lease when due, and such failure continues for ten (10) days after written notice from City to Tenant.
b. Tenant uses the premises for any purpose not expressly authorized by this lease and such default continues for ten (10) days following written notice from City to Tenant.
c. Tenant fails to allow an inspection in accordance with the terms and conditions of this lease and such default continues for ten (10) days following written notice from City to Tenant.
d. Tenant assigns, subleases or transfers this Lease except as otherwise permitted, and such default continues for ten (10) days following written notice from City to Tenant.
e. Tenant fails to carry the insurance required under this lease; any insurance required under this lease is cancelled, terminated, expires or is reduced or materially changed so as to not comply
3 547435v4 BDL KE200-47
36 with this lease, or City receives notice of any such conditions, and such failure continues for a period of ten (10) days following written notice from City to Tenant.
f. Tenant vacates or abandons the premises, and such default continues for ten (10) days following written notice from City to Tenant.
g. Tenant fails to discharge, by payment or bond, any lien or encumbrance placed upon the premises in violation of this lease within thirty (30) days following written notice from City to Tenant that any such lien or encumbrance is filed against the premises and/or improvements.
h. Tenant (i) makes a general assignment for the benefit of creditors; (ii) commences any case, proceeding or other action seeking to have an order for relief entered or to adjudicate tenant bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or any substantial part of its property; or (iii) involuntarily becomes the subject of any proceeding for relief which is not dismissed within sixty (60) days of its filing or entry.
i. Tenant fails to comply with any other term or condition of this lease and such default continues for more than thirty (30) days after written notice from City to Tenant, or for a longer period of time as may be reasonably necessary to cure the default, but only if: (i) Tenant is reasonably capable of curing the default, and (ii) is working diligently as determined by City to cure the default.
15. City Remedies. If a default occurs, City, at its option and in its sole discretion, may at any time thereafter do one or more of the following to the extent permitted by applicable law:
a. City may, without releasing tenant from its obligations under the lease, attempt to cure the default. City may enter the premises for such purpose and take such action as it deems desirable or appropriate to cure the default. If default occurs during cropping season, the City of Kenyon may harvest any and all remaining crops and apply proceeds to rent payment. This entry is not an eviction of Tenant or a termination of this lease
b. With legal process, but without further notice to Tenant, re-enter the premises or any part thereof and take possession of it fully and absolutely, without such re-entry working a forfeiture of the money to be paid and the terms and conditions to be performed by Tenant for the full term of this lease. City's re-entry of the premises is not a termination of this lease. In the event of such re- entry, City may proceed for the collection of money to be paid under this lease or for properly measured damages.
c. Terminate this lease upon written notice to Tenant and re-enter the premises as of its former estate, and tenant covenants in the case of such termination to indemnify City against all loss of rents and expenses during the remainder of the term.
d. Exercise all other rights and remedies including injunctive relief, ejectment or summary proceedings such as an eviction action and any other lawful remedies, actions or proceedings.
4 547435v4 BDL KE200-47
In the event of any default and for any type of remedy chosen by City, Tenant shall reimburse City for all reasonable fees and costs incurred by City, including reasonable attorneys' fees, relating to such default and/or the enforcement of City's rights hereunder, and costs incurred attempting to cure a default. Any and all legal remedies, actions and proceedings shall be cumulative.
16. Cumulative Default. Notwithstanding the notice and cure periods set forth above, and subject to the inspection procedures or rights set forth herein, City shall only be required to provide Tenant with notice and opportunity to cure two (2) cumulative defaults in any calendar year. Only for purposes of this paragraph, cumulative default means: (i) Tenant's failure to pay money due under this lease; (ii) Tenant's failure to comply with the use of premises section of this lease; and (iii) any violation of the terms and conditions of this lease which has the likelihood in City's reasonable discretion to cause harm to life or property. In addition, City shall only be required to provide Tenant with notice and opportunity to cure two (2) defaults of failing to allow an inspection of the premises in any calendar year. Beginning with the third (3rd) cumulative default or third (3rd) failure to allow an inspection in any calendar year, City will not be required to provide notice and opportunity to cure and may immediately take such action as City deems appropriate under this lease.
17. Termination. The City may, after providing 90 days written notice take possession of the property for any purpose deemed in the best interest of the City. The City shall allow the Tenant to remove crops with normal, customary farming practices or return all rents paid for the year and compensate the Tenant at rates not exceeding the current market rate per acre for any crop planted.
18. Surrender of Possession. The Tenant shall surrender the property to the City in good condition and repair upon termination of the Lease, whether by lapse of time or otherwise.
19. Discrimination Provision. The Tenant, in the use of the property, shall not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, or national origin.
20. Waiver. The waiver by City or tenant of any breach of any term of this Agreement shall not be deemed a waiver of any prior or subsequent breach of the same term or any other term of this agreement.
21. Headings. The headings in this Agreement are for convenience in reference and are not intended to define or limit the scope of any provision of this agreement.
22. Entire Agreement; Amendments. This Agreement represents the entire agreement between the parties and supersedes any prior agreements regarding the premises. This Agreement may only be amended or modified if done in writing and executed by all parties to this Agreement.
23. Severability. If any part of this agreement shall be held invalid, it shall not affect the validity of the remaining parts of this Agreement, provided that such invalidity does not materially prejudice either party under the remaining parts of this Agreement.
24. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising
5 547435v4 BDL KE200-47
38 out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise.
25. Public Data. This Agreement, and the information related to it, is subject to the Minnesota Government Data Practices Act, which presumes that data collected by City is public data unless classified otherwise by law.
26. Commitments to Federal and State Agencies. Nothing in this Agreement shall be construed to prevent City from making such commitments as it desires to the Federal Government or the State of Minnesota in order to qualify for the expenditure of Federal or State funds.
27. Successors. This Agreement shall extend and apply to the legal representatives, successors and assigns of the parties to this Agreement.
28. Relationship of Parties. Nothing contained in this Agreement shall be deemed to create a partnership, association or joint venture between City and Tenant, or to create any other relationship between the parties other than that of landlord and tenant.
29. Consent and Approvals. Whenever in this Agreement the consent or approval of City is required, such phrase means the formal approval or consent of City through a meeting of the Kenyon City Council. When the consent or approval of City's staff is required, such phrase means the consent or approval from the appropriate employee or agent of City.
30. Compliance with Laws. The Tenant agrees to abide by and conform to all laws, rules, and regulations, including future amendments, controlling or affecting the use or occupancy of the property.
31. Lease Agreement is Binding. This Lease Agreement shall be binding upon the parties hereto and their heirs, successors and assigns.
32. Notification. Notification related to this Agreement shall be sent to the following addresses:
Tenant: ___________________ Owner: City of Kenyon
___________________ 709 2nd Street Kenyon, MN 55946 Kenyon, MN 55946
Notice is deemed given (i) two business days after being deposited in the mail, whether or not the notice is accepted by the named recipient, or (ii) if delivered by any other means, the date such notice is actually received by the named recipient. Either party may change the party's address for notice by providing written notice to the other party.
6 547435v4 BDL KE200-47
39 [The remainder of this page intentionally blank.]
7 547435v4 BDL KE200-47
IN TESTIMONY WHEREOF, the City and Tenant have set their hands as of the day and year first above written.
City Of Kenyon Tenant
By: _________________________ By: ______________________________
Douglas Henke ______________________________ Mayor
Attest:
______________________________ Mark R. Vahlsing City Administrator
8 547435v4 BDL KE200-47
EXHIBIT A
Legal Description
A-1 547435v4 BDL KE200-47
42 43 44 AGENDA ITEM NO. X.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Administration
ITEM TYPE: Old Business
Agenda Section: Old Business
SUBJECT: Discuss Lease for Fire/EMS Vehicle
SUGGESTED ACTION: The city received notification from Rosenbauer Equipment that the
EMS/Fire rescue vehicle that was originally ordered in 2020 is nearing completion. The city previously paid $41,397 toward the $181,739 purchase price when the truck was ordered. The City's plan was to finance the remaining balance $137,434 with a lease.
A lease estimate from Kinetic Leasing through the Security State Bank of Kenyon is attached. There are two proposed 7-year lease options. The first option would be structured with the first payment due when the truck is delivered. Under this option the annual payment would be $21,620 for 7 years at 3.29%. The second option who have the first payment due on 3/1/23. The annual payment would be $22,755 for 7 years at 3.79%.
Also attached is other information on the new truck.
Motion Needed
Attachments:
EMT Fire Vehicle Lease OptionsDOC020222-02022022130005.pdf
EMT Fire Vehicle Purchase information DOC020222-02022022131514.pdf EMS/Rescue Vehicle images.pdf
45 46 47 48 49 50 51 52 53 54 55 AGENDA ITEM NO. XI.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Municipal Liquor
ITEM TYPE: Contracts
Agenda Section: New Business
SUBJECT: Kenyon Muni - 2022 Rose Fest Street Dance Band Contract
SUGGESTED ACTION: Approve Contract for the band The Dads to perform at Rose fest
Street dance on August 20, 2022. 9:00 pm - 1:00 am. Terms are the cost is $2000 (plus50% of ticket sales over 400 persons). This was the same arrangement as last year. See attached contract below. MOTION NEEDED
Attachments:
Dads Band Agreement DOC020222-02022022150145.pdf
56 57 AGENDA ITEM NO. XI.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Administration
ITEM TYPE: New Business
Agenda Section: New Business
SUBJECT: Discuss and possibly appoint person to City Council.
SUGGESTED ACTION: To date the city has received interest from two persons for the vacant City Council seat. The Council met with the interested persons at a work session. preceding the regular meeting. See correspondence attached below from interested persons.
M