Watch the meeting
What happened
- Attorney A.J. Lindell reported 159 prosecuted cases in 2021, up 83 from 2020; 79% were traffic violations and community offenses rose from 15 to 39.
- Two-thirds of base fines remitted to Kenyon totaled $6,756.96 for 2021.
- Eight proposals were received for North Street storm sewer work; DeCook Drainage was low at $46,018.47 (base plus alternate) against a $56,976.50 engineer's estimate.
- Council voted not to waive LMCIT state liability limits of $500,000 per claimant / $1,500,000 per occurrence.
- Public hearing on the Klatt alley/right-of-way vacation north of 1st Street set for June 14, 2022.
- Council approved contracting with CEDA for a community development staff person 8 hours per week at $27,700 annually.
- Memorial Day parade permit approved for May 30, 2022, down 2nd Street ending with a cemetery ceremony.
- Approved $3,000 transfer from the Swimming Pool-Special Donations Fund to the Public Works Capital Fund.
- Approved purchase of a Lucas chest compression machine for $19,168.36, funded from capital and Covid recovery funds.
- Emerald Ash Borer identified in Kenyon in April; infected ash trees being removed in the Highway 60 right-of-way near Kenyon Veterans Park.
- Farmers Market to be held the third Thursday of each month, 4:00–7:00 pm through October at 1st Evangelical Lutheran Church parking lot.
- Consent agenda approved check numbers 73626 through 73719 and 3955E through 4000E.
What was asked 25 raised · 9 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.
He prosecuted 159 cases from January 1, 2021 to December 31, 2021, which was up 83 from 2020. He noted that 79% of the offenses were traffic violations.
Breakdown of prosecuted offense types in the annual report.
At the meetingPresented as information; no action.
Seventy-nine percent of 159 cases is about 126 traffic offenses for 2021. Traffic dominance fell the following year, to 65 percent of 55 cases, or about 36 traffic offenses in 2022, the categories being described as driving offenses and speeding.
6.14.22 and 4.11.23 Council Packets; 3.14.23 Kenyon Prosecution Report 2022
We will also be working with the city attorney to review ordinances in response to infected trees that are not removed by owners.
Emerald Ash Borer response; the city cannot remove trees on private property under current authority.
The ordinance was revised within a month. Attorney Riggs brought amendments to Ordinance No. 99, covering Section 845 of the city code on trees, to the June 14 2022 meeting, adding requirements for removal of hazardous trees that threaten buildings, people or public rights of way. If the owner does not remove the hazard within 30 days the city may remove it and assess the cost back to the property.
6.14.22 Council Packet and Minutes · taken up again 2022-06-14
Chris Giesen Senior VP of CEDA provided a summary of the staffing program, The annual cost for a staff person one day a week was $27,700. Giesen also stated that a staff person should be available by July 1, 2020.
Council approved contracting with CEDA for a community development staff person one day a week.
At the meetingCouncil approved the contract 4-0.
CEDA staffing began in June 2022, a month earlier than the stated target, and has run continuously since. Zack Bubany served as the assigned staff person through the 2024 contract, which was discounted 25 percent for one quarter to reflect reduced staffing after Cora Boelman left CEDA, and Todd Kieffer holds the assignment under the 2026 contract at $55,053 for two days a week.
Giesen said a staff person should be available by July 1 2020, two years before the meeting at which he said it.
1-9-24 Council Packet; 12.9.25 Council Agenda and Packet · taken up again 2022-06-01
Chris Giesen Senior VP of CEDA provided a summary of the staffing program, The annual cost for a staff person one day a week was $27,700.
Summary of the CEDA staffing program presented before the Council voted to contract.
At the meetingCouncil approved contracting on that basis.
The $27,700 rate for one day a week held through 2024 and then roughly doubled with the hours. The council moved to two days a week for 2025 at $53,580, an effective per-day rate of $26,790, slightly below the 2022 price, and the 2026 contract came in at $55,053. We do not hold the contracts themselves, only the fee figures in the packets.
12.10.24 Council Packet; 12.9.25 Council Agenda and Packet · taken up again 2024-12-10
Community offenses increased from 15 in 2020 to 39 in 2021. Two-thirds of the base fine is remitted back to the city of Kenyon, which amounted to $6,756.96 for 2021.
Revenue portion of the annual prosecution report.
At the meetingPresented as information; no action.
The $6,756.96 for 2021 implies base fines of about $10,135 and is confirmed by the following year's report, which describes 2021 as just under $7,000. Fine revenue then jumped while caseload collapsed: 2022 produced total fine revenue of $33,428.39 with $11,989.04 remitted to Kenyon, 77 percent more money from 55 cases than from 159 the year before. The city receives two thirds of the base fine plus certain late fees, with the $75 court surcharge and $13 library fee going elsewhere.
6.14.22 Council Packet; 3.14.23 Kenyon Prosecution Report 2022; 4.11.23 Council Packet · taken up again 2023-04-11
The Market will be held the third Thursday of each month from 4:00 – 7:00 pm. through October. It will be held in the parking lot of the 1st Evangelical Lutheran Church.
Park and Recreation Board update on the Farmers Market.
At the meetingInformation only; no action.
The market ran its full season, with Councilman Helgeson reporting on November 16 2022 that the last Farmers Market of the year was held Thursday October 20, that it had strong community support and that it would return the following year. It did, with Mayor Henke reporting a good turnout in August 2023. We hold no Park and Recreation Board minutes or written market schedule.
11.16.22 Council Packet; 8.8.23 Council Packet · taken up again 2022-11-16
The Contractor has ordered materials and they currently waiting for delivery. We are expecting this project to start no sooner than late July.
Status of the project awarded to DeCook Drainage at this meeting.
The late July start held. DeCook Drainage had cleared trees for the new storm sewer extension and was beginning pipe installation by August 15 2022, and the work was still progressing in mid-September. The contract was $46,018.47 for base and alternate work.
8.15.22 Council Minutes; 9.13.22 Council Packet · taken up again 2022-08-15
Additional information will be available next month. 2022 Chip Seal Project We have not yet received a tentative date for this project to start. The contractor is required to provide a few weeks' notice before work starts. 2020 Project Warranty Work Over the next few weeks, you may notice some contractors on the sites of the 2020 projects.
Project updates for summer work; the contractor must give a few weeks' notice.
Pearson Brothers completed the 2022 chip sealing in late July 2022, as reported to the council on September 13 2022, and public works then borrowed pavement maintenance equipment for additional repairs. The contract was awarded to Pearson at $44,707 against Fahrner at $58,823. Three years later the same contractor came in at $59,951.55 on a project budgeted at $90,000.
9.13.22 Council Packet; 5-13-25 Council Packet; KENYON_BIDS.md · taken up again 2022-09-13
The remainder of preliminary design can be completed once televising is completed and reports have been received. Additional information will be available next month. 2022 Chip Seal Project We have not yet received a tentative date for this project to start.
Status of the Pearl Creek and Forest Street sanitary project.
Empire Pipe Services televised the project area in mid-June 2022 and the study came back to the council on September 13 2022, where Olinger reported the Pearl Creek mains are in very poor condition and improvements should be made as soon as possible. The televising itself had been competitively quoted in April 2022 at $12,782.68 from Empire Pipe against $18,246.53 from Pipe Services and $29,264 from American Environmental, after a first round drew only one quote and was reissued. The work that followed was awarded to BCM Construction at $1,241,494.22 in June 2023.
6.14.22 and 9.13.22 Council Packets; KENYON_BIDS.md · taken up again 2022-09-13
Request to Purchase Lucas CPR (Chest Compression) Machine – Kenyon Fire Department Assistant Fire Chief Ehrich stated that the Fire Department is requesting approval to purchase a Lucas Chest Compression machine for the cost of $19,168.36.
Fire Department request to purchase equipment for First Responders.
At the meetingPurchase approved 4-0.
No vendor quote or invoice for the Lucas chest compression machine is in our archive, and the purchase does not appear in the 43-row bid record. The council approved $19,168.36 on a single stated price.
A $19,168.36 single-vendor purchase would need council approval plus two quotes under Administrative Policy No. 34, which the city did not present until August 20 2024, more than two years later.
KENYON_BIDS.md
ENGINEERING North Street Drainage Update City Engineer Olinger reviewed the quotes for drainage improvements needed in the area north of North Street. eight proposals were received for the replacement and extension of the storm sewer in North Street. The low quote was received from DeCook Drainage.
Quote review for the North Street drainage improvements.
At the meetingCouncil approved the DeCook Drainage quote 4-0.
The award and the price check out but the count does not. Our bid record holds five proposals for the North Street Drainage Outfall, DeCook at $46,018.47, Winona Mechanical at $51,308.37, Griffin at $67,453.60, Fitzgerald at $68,808.15 and Halo at $81,694.08, with DeCook the low bidder by $5,289.90. The work went ahead, with DeCook clearing trees and starting pipe installation by mid-August 2022. The three missing quotes are what would reconcile the count.
The engineer reported eight proposals for the North Street storm sewer, but our bid record holds five.
KENYON_BIDS.md, data/bids.csv; 8.15.22 Council Minutes · taken up again 2022-05-10
Attorney Lindell reported that the number of prosecuted offenses were up for 2021. He prosecuted 159 cases from January 1, 2021 to December 31, 2021, which was up 83 from 2020.
Annual municipal prosecution report presentation.
At the meetingPresented as information; no action.
The arithmetic is internally consistent: 159 cases in 2021 less 83 gives 76 in 2020, and the following year's report confirms 55 cases in 2022, down 104 from 159. The 2021 count is not comparable to the others. The 2022 report states the drop was likely due to how all citations were included as prosecuted offenses in 2021's report, which means 2021 was counted on a broader basis. The underlying case file would settle the true comparable figure.
The 2022 prosecution report says all citations were counted as prosecuted offenses in the 2021 report, which makes the 159 figure inflated relative to later years.
6.14.22 and 4.11.23 Council Packets; 3.14.23 Kenyon Prosecution Report 2022
He noted that 79% of the offenses were traffic violations. When compared to 2020, the number of prosecuted traffic offenses increased by over 107%.
Year-over-year comparison in the annual prosecution report.
At the meetingPresented as information; no action.
A 107 percent rise on about 126 traffic cases in 2021 implies roughly 61 traffic cases in 2020, which would be about 80 percent of that year's 76 total, a share consistent with 2021. The gain reversed entirely the next year, with prosecuted traffic offenses down 71 percent in 2022. The 2020 and 2021 case-type tabulations would confirm the derived counts.
6.14.22 and 4.11.23 Council Packets
When compared to 2020, the number of prosecuted traffic offenses increased by over 107%. Community offenses increased from 15 in 2020 to 39 in 2021.
Year-over-year comparison in the annual prosecution report.
At the meetingPresented as information; no action.
Community offenses rose from 15 in 2020 to 39 in 2021, a 160 percent increase, then fell to 19 in 2022, of which 13 were hazardous conditions and the rest disorderly conduct, theft and trespass. The 2022 report attributes the drop to counting method rather than behavior, saying all citations were included as prosecuted offenses in the 2021 report. The raw case list would settle whether the 2021 spike was real.
6.14.22 Council Packet; 3.14.23 Kenyon Prosecution Report 2022
State statutes limit a city's tort liability to a maximum of $500,000 per claimant and $1,500,000 per occurrence.
Explanation before the Council decided whether to waive LMCIT liability limits.
At the meetingCouncil voted 4-0 not to waive the state liability limits.
The tort caps of $500,000 per claimant and $1,500,000 per occurrence are stated identically in every year of the record, and the council has voted not to waive them every time. The additional coverage figure is not stable: the 2022 and 2023 items say cities may buy up to $3,000,000 a year, while the 2024, 2025 and 2026 items say $2,000,000. We hold neither the statute nor the LMCIT waiver form.
The optional additional coverage limit read to the council was $3,000,000 in 2022 and 2023 and $2,000,000 in 2024 through 2026, with no explanation for the change.
6.14.22 and 6.13.23 Council Packets; 5-14-24 Agenda; 5-13-25 Council Packet
This community development position would help with projects including the Business Park and downtown area. He also stated that CEDA has contracted staff in many communities in southern Minnesota.
Supporting the EDA recommendation to contract with CEDA.
At the meetingCouncil approved the CEDA contract 4-0.
We hold no CEDA client community list. The claim is corroborated only by the city's own continued reliance on the firm, which has staffed the Kenyon Economic Development Authority without interruption from June 2022 through the 2026 contract at $55,053. CEDA's own roster of contracted communities would settle it.
12.9.25 Council Agenda and Packet
The vacation would require a public hearing prior to any Council action. Mayor Henke stated that a public hearing would be held June 14, 2022 to discuss the alley vacation.
A vacation of the alley/right of way north of 1st Street requires a public hearing before the Council can act.
At the meetingMayor Henke set the public hearing for June 14, 2022.
No published hearing notice and no post-hearing decision on the Klatt vacation appears in our record. The only right of way vacation the council carried through in the later material is a different one, the Traxler property adjacent to Huseth Street, heard December 12 2023 and finalized by Resolution 2023-24. The June 14 2022 minutes or a vacation resolution naming the Klatts would settle it.
6.14.22 Council Packet; 12.12.23 Council Packet · would settle it: Published public hearing notice and the Council's post-hearing vacation decision
Motion carried 4-0-0. 8 Request for City Vacation of Alley Attorney Riggs stated that Doug and Mary Klatt requested that the right of way area located north of the west end of 1st Street be vacated.
Request for city vacation of alley, presented under Legal.
At the meetingNo action; a public hearing was scheduled for June 14, 2022.
We hold no written Klatt vacation petition, no utility easement review and no outcome. The comparable request the record does follow is the Traxler alley, where the city chose realignment 20 feet north over outright vacation because the alley was still needed, authorized May 9 2023 and completed by Resolution 2023-24 in December 2023. The Klatt petition file would settle what happened to their request.
5.9.23 and 12.12.23 Council Packets · would settle it: The written vacation petition and a utility easement review
We will also be working with the city attorney to review ordinances in response to infected trees that are not removed by owners. This will be an ongoing process. We will be discussing the issue further at upcoming Council meetings.
EAB was identified in the City in April and the response will be phased because of cost.
No tree removal and treatment plan with cost estimates appears in our record. The only later tree-cost language we hold shifts the burden to others, a farm lease making the tenant pay all brush and tree removal costs including transport to disposal. A public works removal plan with a phased budget would settle it.
6.14.22 Council Packet; 1-14-25 Council Packet · would settle it: A tree removal/treatment plan with cost estimates brought to Council
The machine will be used by First Responders for chest compressions. Administrator Vahlsing said the funding could come from a combination of capital and Covid recovery funds.
Fire Department purchase of a Lucas CPR machine for $19,168.36 was approved.
At the meetingPurchase approved 4-0 without a stated funding breakdown.
No split between capital funds and Covid recovery funds for the Lucas machine appears in our record. The city's documented use of Covid Cares money came later and went elsewhere, with staff recommending in August 2024 that excess fund balances be transferred to capital outlay to replace money spent on a front end loader bought in May 2024. The 2022 budget entry showing the two amounts would settle it.
8-20-24 Agenda and 8-29-24 special session · would settle it: Budget entry showing the capital and ARPA/Covid amounts applied
Motion carried 4-0-0. 8 Request for City Vacation of Alley Attorney Riggs stated that Doug and Mary Klatt requested that the right of way area located north of the west end of 1st Street be vacated. There are utilities that cross this area.
Complication noted in the proposed alley vacation.
At the meetingNo resolution; matter set for a public hearing.
We hold no utility location map or easement records for the right of way north of 1st Street. The city's mapping moved to its own ArcGIS Online system through Bolton and Menk in 2024 at $14,500 for conversion plus $1,260 a year in licensing, which is where such records would now sit. A utility locate or the city's easement file would settle what crosses the area.
6.14.22 Council Packet; KENYON_DATA_IN_MEETINGS.md · would settle it: Utility location map or easement records for the right of way
The City has been surveying rights-of-way, parks and other City land since then. Trees that are infected, or at risk will be removed. Healthy trees will be treated. Due to costs associated with removing trees not all areas will be able to be addressed at the same time.
Emerald Ash Borer update to the Council.
No tree survey results and no phased removal cost estimate appear in our record. The city's parks and recreation file lists 18 facilities that would fall inside such a survey, including Depot Park, Trondheim Park, Riverside Park, Kenyon Veterans Memorial Park, Holden Park and Grace Nature Preserve. The public works survey and its cost schedule would settle it.
data/parks_recreation.csv; 6.14.22 Council Packet · would settle it: The city tree survey results and a phased removal cost estimate
Public 9 Works Superintendent Ehrich stated that a group of infected Ash trees were being removed in the Highway 60 right-of-way near the Kenyon Veterans Park.
Status of current EAB tree removal work.
We hold no work order and no removal count for the ash trees taken out in the Highway 60 right of way near Kenyon Veterans Memorial Park. Public works records naming the site would settle how many trees came down and at what cost.
6.14.22 Council Packet · would settle it: Public works work order or removal count for the Highway 60 site
It was first identified in the state in 2008. It has spread through much of Southeastern Minnesota since then.
Background for the EAB update.
We hold no Minnesota Department of Agriculture emerald ash borer detection records for either the 2008 statewide first find or the April 2022 Kenyon detection. The city acted on the claim regardless, amending Ordinance No. 99 in June 2022 to add hazardous tree removal authority. The department's detection and quarantine records would settle both dates.
6.14.22 Council Packet and Minutes · would settle it: MDA Emerald Ash Borer detection records for Kenyon and the state
It will be held in the parking lot of the 1st Evangelical Lutheran Church. Council member Helgeson stated that there had been a lot of interest shown in the Farmers Market.
Comment during the Farmers Market update.
We hold no vendor registration count or application list for the Kenyon Farmers Market. The later record carries only impressions, a good turnout reported in August 2023 and strong community support reported in November 2022. The Park and Recreation Board's vendor roster would settle it.
11.16.22 and 8.8.23 Council Packets · would settle it: Count of registered vendors or applications
Decisions 9 motions
Who did what
| Person | At this meeting |
|---|---|
| Doug Henke Mayor | Called the meeting to order, moved not to waive LMCIT liability limits, announced the June 14 alley vacation public hearing, described the Memorial Day parade route, and moved to approve the Lucas machine purchase. |
| Dan Rechtzigel Council Member | Moved approval of the consent agenda and the CEDA staffing contract; seconded the liability waiver and fund transfer motions. |
| Mary Bailey Council Member | Moved approval of the DeCook Drainage quote and the Memorial Day parade permit; seconded multiple motions including the CEDA contract and adjournment. |
| Kim Helgeson Council Member | Moved to approve the amended agenda and the $3,000 fund transfer; noted strong interest in the Farmers Market; moved to adjourn. |
| Molly Ryan Council Member | Absent from the meeting. |
| Mark Vahlsing City Administrator | Explained the LMCIT liability waiver decision, the EDA's CEDA recommendation, the $3,000 transfer, the Farmers Market schedule, and the Emerald Ash Borer response; noted Lucas machine funding from capital and Covid recovery funds. |
| A.J. Lindell Attorney, Jacobsen Law Firm | Presented the 2021 annual municipal prosecution report. |
| Derek Olinger City Engineer | Reviewed the eight quotes for North Street drainage improvements and identified DeCook Drainage as low bidder. |
| Scott Riggs City Attorney | Explained the Klatt request to vacate right of way north of the west end of 1st Street and the need for a public hearing. |
| Chris Giesen Senior VP, CEDA | Provided a summary of the CEDA staffing program and its annual cost. |
| Wayne Ehrich Public Works Director / Assistant Fire Chief | Reported removal of infected ash trees in the Highway 60 right-of-way and requested approval to purchase the Lucas chest compression machine. |
| Jeff Sjoblom Police Chief | Attended the meeting. |
| Kathy Flikke Finance Clerk | Attended the meeting. |
| Doug Klatt Property owner / petitioner | With Mary Klatt, requested that the right of way north of the west end of 1st Street be vacated. |
| Mary Klatt Property owner / petitioner | With Doug Klatt, requested vacation of the right of way north of the west end of 1st Street. |
| Michelle Vlasak Reporter, Kenyon Leader | Attended via Zoom. |
Organizations named: Jacobsen Law Firm, P.A., DeCook Drainage, Bolton & Menk, Inc., CEDA, Kenyon EDA, League of Minnesota Cities Insurance Trust (LMCIT), Kenyon Fire Department, Kenyon Park and Recreation Board, 1st Evangelical Lutheran Church, Kenyon Leader, Winona Mechanical Inc., Griffin Construction Co. Inc., Fitzgerald Excavating & Trucking, Halo Companies, LLC, James Bros Construction, Inc., Schumacher Excavating, Pember Companies, Kenyon Municipal Utilities (KMU)
Figures
| Amount | What |
|---|---|
| $46,018.47 | DeCook Drainage proposal for North Street Drainage Improvements, base and alternate work |
| $35,673.54 | DeCook Drainage base work portion, North Street outfall |
| $10,344.93 | DeCook Drainage alternate work portion, TH 60 outfall |
| $56,976.50 | Engineer's estimate for the North Street drainage project (base plus alternate) |
| $27,700 | Annual cost for a CEDA community development staff person one day per week |
| $19,168.36 | Lucas chest compression machine for the Kenyon Fire Department |
| $3,000 | Transfer from Swimming Pool-Special Donations Fund to Public Works Capital Fund |
| $6,756.96 | Base fine revenue remitted back to the city of Kenyon for 2021 |
| $500,000 | State statutory tort liability limit per claimant |
| $1,500,000 | State statutory tort liability limit per occurrence |
Said at the meeting
On private property it is the owner's responsibility to monitor and treat or if needed remove trees.
Mark Vahlsing, City Administrator · packet, verbatim
We will also be working with the city attorney to review ordinances in response to infected trees that are not removed by owners.
Mark Vahlsing, City Administrator · packet, verbatim
The low proposal cost (base + alternate) falls within the City’s 2022 budget for drainage improvements.
Bolton & Menk (City Engineer memo) · packet, verbatim
Public Works Superintendent Ehrich stated that a group of infected Ash trees were being removed in the Highway 60 right-of-way near the Kenyon Veterans Park.
Wayne Ehrich, Public Works Director · packet, verbatim
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 Approval of Minutes and Agendas
- VI. PRESENTATIONS/PUBLIC HEARINGS
- VI.A Annual Municipal Prosecution Report – J. Lindell, Attorney
- VII. ENGINEERING
- VII.A North Street Drainage Improvements
- VIII. LEGAL
- VIII.A LMCIT Liability Coverage Waiver
- VIII.B Request for City Vacation of Alley north of 1st Street.
- IX. FINANCIAL
- X. OLD BUSINESS
- XI. NEW BUSINESS
- XI.A Economic/Community Development staffing through CEDA - Chris Giesen VP.
- XI.B Approve Memorial Day Parade for May 30, 2022
- XI.C Approve Transfer of $3,000 from Swimming Pool-Special Donations Fund to
- XI.D Update on Emerald Ash Borer found in the City. Wayne Ehrich- Public Works
- XI.E Request to purchase Lucas CPR (Chest Compression) Machine - Fire Department
- XII. F.Y.I. - Department Updates
- XIII. COUNCIL AND STAFF GENERAL COMMENTS
- XIV. ADJOURNMENT
- A. City Council Meeting Minutes of April 12, 2022
- B. Board of Appeals and Equalization Meeting Minutes of April 14, 2022
- C. Appoint Municipal Swimming Pool Employees
- A. Annual Municipal Prosecution Report – Attorney A.J. Lindell, Jacobsen Law Firm
- A. North Street Drainage Update
- A. LMCIT Liability Coverage Waiver
- B. Request for City Vacation of Alley
- A. XI. NEW BUSINESS
- A. Economic/Community Development staffing through CEDA - Chris Giesen VP.
- B. Approve Memorial Day Parade for May 31, 2021
- C. Approve Transfer of $3,000 from Swimming Pool-Special Donations Fund to Public
- D. Farmers Market Update- Park and Recreation Board
- E. Update on Emerald Ash Borer found in the City. Wayne Ehrich- Public Works Director
- F. Request to Purchase Lucas CPR (Chest Compression) Machine – Kenyon Fire
- XII. OTHER BUSINESS
- A. Schedule of Upcoming Meetings
Full packet text (60k characters)
The minutes
Official minutes as adopted, from 6.14.22 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 10th day of May 2022. The meeting was called to order by Mayor Henke.
- Present
- Mayor Doug Henke, Council Members Dan Rechtzigel, Mary Bailey, and Kim Helgeson
- Absent
- Molly Ryan
- Also present
- Administrator Mark Vahlsing, Police Chief Jeff Sjoblom, Engineer Derek Olinger, Attorney Scott Riggs, Finance Clerk Kathy Flikke, Police Chief Jeff Sjoblom, Public Works Director Wayne Ehrich
- Via Zoom
- Michelle Vlasak reporter for Kenyon Leader
The meeting opened with the Pledge of Allegiance.
Citizen Comment
Adopt Agenda
Motion by Helgeson, second by Bailey to approve the amended agenda.
Motion carried 4-0-0Consent Agenda
Motion by Rechtzigel, second by Bailey to approve the Consent Agenda, which includes payment of check numbers 73626 through 73719; 3955E through 4000E.
Motion carried 4-0-0Presentations / Public Hearings / Recognitions / Prolamations
Annual Municipal Prosecution Report – Attorney A.J. Lindell, Jacobsen Law Firm
Attorney A.J. Lindell presented a summary of the annual prosecution activity for the City provided by Jacobsen Law Firm, P.A. in 2021. Attorney Lindell reported that the number of prosecuted offenses were up for 2021. He prosecuted 159 cases from January 1, 2021 to December 31, 2021, which was up 83 from 2020. He noted that 79% of the offenses were traffic violations. When compared to 2020, the number of prosecuted traffic offenses increased by over 107%. Community offenses increased from 15 in 2020 to 39 in 2021. Two-thirds of the base fine is remitted back to the city of Kenyon, which amounted to $6,756.96 for 2021.
Engineering
North Street Drainage Update
City Engineer Olinger reviewed the quotes for drainage improvements needed in the area north of North Street. eight proposals were received for the replacement and extension of the storm sewer in North Street. The low quote was received from DeCook Drainage.
Motion by Bailey, second by Helgeson to approve the proposed quote including base and alternate work from DeCook Drainage for the North Street Drainage Improvements in the amount of $46,018.47.
Motion Carried 4-0-0Legal
LMCIT Liability Coverage Waiver
Administrator Vahlsing stated that the City Council is required to decide whether to waive the liability insurance limits. State statutes limit a city's tort liability to a maximum of $500,000 per claimant and $1,500,000 per occurrence. These limits apply whether the claim is against the city, against the individual officer or employee, or against both. Cities can choose to waive the state liability limits. Cities can purchase additional insurance coverage up to $3,000,000 annually.
Motion by Henke seconded by Rechtzigel not to waive the LMCIT State Liability limits.
Motion carried 4-0-0Request for City Vacation of Alley Attorney Riggs stated that Doug and Mary Klatt requested that the right of way area located north of the west end of 1st Street be vacated. There are utilities that cross this area. The vacation would require a public hearing prior to any Council action. Mayor Henke stated that a public hearing would be held June 14, 2022 to discuss the alley vacation.
Old Business
None
New Business
Economic /Community Development Staffing Through CEDA – Chris Giesen VP, CEDA
Administrator Vahlsing stated that the EDA recommended that the City contract eight hours a week with a CEDA staff person. This community development position would help with projects including the Business Park and downtown area. He also stated that CEDA has contracted staff in many communities in southern Minnesota. Chris Giesen Senior VP of CEDA provided a summary of the staffing program, The annual cost for a staff person one day a week was $27,700. Giesen also stated that a staff person should be available by July 1, 2020.
Motion by Rechtzigel, second by Bailey to approve contracting with CEDA for a community development staff person 8 hours per week. Motion carried 4-0-0.
Approve Memorial Day Parade Permit for May 30, 2022
Mayor Henke stated that the annual Memorial Day parade is going to go down 2nd Street ending with a ceremony at the cemetery.
Motion by Bailey, second by Henke to approve the Memorial Day Parade permit for May 30, 2022.
Motion carried 4-0-0Approve Transfer of $3,000 from Swimming Pool-Special Donations Fund to Public Works Capital
Fund Administrator Vahlsing stated that council approval is needed to move $3,000 from the swimming pool- special conations fund to the public works capital fund.
Motion by Helgeson seconded by Rechtzigel to approve the transfer of $3,000 from the swimming pool- special donations fund to public works capital funds. Motion carried 4-0-0.
Farmers Market Update-Park and Recreation Board
Administrator Vahlsing updated the Council on the status on the Kenyon Farmers Market. The Market will be held the third Thursday of each month from 4:00 – 7:00 pm. through October. It will be held in the parking lot of the 1st Evangelical Lutheran Church. Council member Helgeson stated that there had been a lot of interest shown in the Farmers Market.
Update on Emerald Ash Borer Found in the City – Wayne Ehrich-Public Works Director
City Administrator Vahlsing stated that the Emerald Ash Borer was identified in the City in April. Infected or at-risk trees on rights-of-way, parks and other City land will need to eventually be removed. It was first identified in the state in 2008. It has spread through much of Southeastern Minnesota since then. The City has been surveying rights-of-way, parks and other City land since then. Trees that are infected, or at risk will be removed. Healthy trees will be treated. Due to costs associated with removing trees not all areas will be able to be addressed at the same time. On private property it is the owner's responsibility to monitor and treat or if needed remove trees. The City cannot remove trees on private property. We will also be working with the city attorney to review ordinances in response to infected trees that are not removed by owners. This will be an ongoing process. We will be discussing the issue further at upcoming Council meetings. Public 9 Works Superintendent Ehrich stated that a group of infected Ash trees were being removed in the Highway 60 right-of-way near the Kenyon Veterans Park. Request to Purchase Lucas CPR (Chest Compression) Machine – Kenyon Fire Department Assistant Fire Chief Ehrich stated that the Fire Department is requesting approval to purchase a Lucas Chest Compression machine for the cost of $19,168.36. The machine will be used by First Responders for chest compressions. Administrator Vahlsing said the funding could come from a combination of capital and Covid recovery funds.
Motion by Henke second by Bailey to approve purchase of Lucas Chest Compression machine for Fire Department. Motion carried 4-0-0.
Schedule of Upcoming Meetings
KMU Meeting: Tuesday, May 17th @ 2:00 p.m. City Council Meeting: Tuesday, June 14th @ 7 p.m.
Council And Staff General Comments
Motion by Helgeson second by Bailey to adjourn the meeting at 8:03 p.m.
Motion carried 4-0-0_____ Mark Vahlsing, City Administrator Douglas Henke, Mayor
AGENDA ITEM NO. VII.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 14, 2022
SUBMITTED BY: Mark Vahlsing, Engineering
ITEM TYPE: Engineering
Agenda Section: Engineering
SUBJECT: Engineering Project Updates
SUGGESTED ACTION: The City Engineer will provide an update on the following projects: -North Street Drainage -Pearl Creek and Forest Street Sanitary Improvement -2022 Chip Seal -Red Wing Avenue and Utility Extension Business Park Projects Warranty Work See attached memo below from the city engineer for more information.
Attachments:
01.1_Project Updates.pdf
Below are brief updates for various projects planned for this summer.
North Street Drainage Improvements
This project was awarded to DeCook Drainage last month. The Contractor has ordered materials and they currently waiting for delivery. We are expecting this project to start no sooner than late July.
Pearl Creek and Forest Street Sanitary Improvements
Empire Pipe Services is expected to be in town next week to complete sanitary sewer televising within the project area. We have started with some preliminary layouts and cost estimating. The remainder of preliminary design can be completed once televising is completed and reports have been received. Additional information will be available next month.
2022 Chip Seal Project We have not yet received a tentative date for this project to start. The contractor is required to provide a few weeks' notice before work starts.
2020 Project Warranty Work Over the next few weeks, you may notice some contractors on the sites of the 2020 projects. Various concrete repairs are needed along Red Wing Avenue and some minor ditch grading/repairs are needed in areas affected by the utility extensions for the Business Park.
Requested Action: None. Information Only
H:\KENYON_CI_MN\_General\Council Meetings\2022\6 - June 2022\01.1_Project Updates.docx
AGENDA ITEM NO. VIII.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 14, 2022
SUBMITTED BY: Mark Vahlsing, Legal
ITEM TYPE: Legal
Agenda Section: Legal
SUBJECT: Nuisance property violation - 1 Langford Av.
Suggested Action:
Nuisance conditions currently exist at 1 Langford Av, in violation of City ordinances. These include exterior storage of large semi-trucks that are do not appear to be currently licensed or operable. There are also other vehicles and miscellaneous debris and items stored on the exterior of the property. The property is zoned C-2 General Commercial. The property is not approved as a junk yard. The trucks and debris stored on the exterior must be either moved, housed within a building or screened with an approved fence. Further the use of the property for sales, other exterior work or storage would require a screening and conditional use permit approved by the City Council.
2010.05. Hazardous conditions. Subdivision 1.
1. a) Private property. The council finds that accumulation on private property of unlicensed, unregistered or inoperable motor vehicles, household furniture, furnishings or appliances, or parts or components thereof, or metal, wood, glass, paper, rubber, concrete, or other material, whether organic or inorganic, can facilitate the growth or spread of noxious weeds, the nesting and breeding of rodents, insects, and harmful bacteria, and be a threat of fire. The council also finds that unless such accumulation is stored in a lawfully operated junk yard, housed within a lawfully erected building, or in a container permitted, and the contents disposed of, under provisions of the city code; it is a source of filth, cause of sickness and an immediate danger to the health, safety and welfare of persons and property in the city. The council finds
13 that if such unauthorized, unwholesome and dangerous accumulation is permitted to continue to pose such a threat it is a hazardous condition and a nuisance, must be abated, and that this section is adopted to protect the residents of the city and their property and, in addition, to protect the rights of persons who may be found in violation of its provisions. "Accumulation" as that term is used in this paragraph, means prohibited items in any number or amount.
This item is being forwarded to the Council for further enforcement actions. To date the owner has not taken steps to abate the existing conditions that are in violation of City Code. The city was contacted by an individual who has stated that he owns the semis. He said he has plans to resell or move the trucks by mid -August. But there has not been any contact from the property owner about clean-up or applying for a conditional use permit. Based on the status of the property the next step in the enforcement process would schedule a public hearing. After the public hearing the Council could order the conditions in violation of ordinances be abated. The Council could then instruct the City attorney go to District Court and request a legal order to enter and clean up the property.
The City Attorney will discuss the next steps in the enforcement process. Attached below are applicable sections of the City Code, photos of the property and other information.
Attachments:
Langford map.pdf Applicable Sections of City Code.pdf 1 Langfordpicts-005.pdf
ArcGIS WebMap
June 10, 2022 1:720 0 0.01 0.01 0.02 mi Goodhue County Roads House Number Full Name 0 0.01 0.01 0.03 km CEM; ; OCTY; OCRLN; CTRLN PIN Parcels SHWY ArcGIS WebApp Builder 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AGENDA ITEM NO. VIII.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 14, 2022
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: Legal
Agenda Section: Legal
SUBJECT: Proposed Ordinance 99 (Amending Section 845 of City Code -
Trees)
SUGGESTED ACTION: Due to the recently discovered presence of the Emerald Ash Borer in Kenyon staff is proposing some minor revisions to Ordinance 99 regulating trees. The proposed revisions would add requirements for the removal of hazardous trees that threaten buildings, could cause possible injuries, or threaten public-rights-of-way. If the hazard is not removed within 30 days, the City would have the authority to remove it and assess the costs back to the affected property.
A copy of the ordinance with the proposed revisions if attached below. The City Attorney will discuss the item further at the Council meeting.
Attachments:
DOC061022-003.pdf
33 34 35 36 37 AGENDA ITEM NO. XI.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 14, 2022
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: New Business
Agenda Section: New Business
Subject:
Depot Park Liquor Request-Natalie Seidel, July 30, 2022
SUGGESTED ACTION: Natalie Seidel is requesting Council approval to serve alcohol at a Wedding Reception July 30 from 5:00 pm to 10:00 pm in Depot Park. A copy of her request and the permit are attached below.
Attachments:
Seidel Alcohol request Depot Park-001.pdf
Alcohol Permit Seidel-002.pdf
38 39 40 AGENDA ITEM NO. XII.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 14, 2022
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: Miscellaneous
AGENDA SECTION: F.Y.I. - Department Updates
Subject: Fyi
SUGGESTED ACTION: See attached department updates below.
Attachments:
DOC061022-004.pdf
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