Watch the meeting
What happened
- Agenda amended to add New Business item B, MetroNet Request; approved 4-0-0.
- Consent agenda approved, including check numbers 73720 through 73817 and 4001E through 4064E.
- Consent agenda included appointment of a Library Assistant; packet recommended Brittni Schmitz at $15 starting hourly wage.
- North Street Drainage: DeCook Drainage ordered materials, project expected to begin end of July.
- Pearl Creek and Forest Street Sanitary Improvements: Empire Pipe Services televising sewer; preliminary layouts and cost estimating started.
- 2022 Chip Seal Project contractor to begin mid-July; 2020 project warranty repairs underway on Red Wing Avenue and at the Business Park.
- Council voted 4-0-0 to move forward with a public hearing for abatement of nuisance conditions at 1 Langford Avenue.
- Ordinance No. 99 amending Section 845 (trees, grass and weeds) adopted on a 4-0-0 roll call vote after Emerald Ash Borer was found in Kenyon.
- Liquor request approved for Natalie Seidel in Depot Park on July 30, 2022 (wedding reception, 5:00 to 10:00 pm per packet).
- Council approved starting the easement process for MetroNet's equipment cabinet on Fire Hall property; franchise agreement had been approved in April.
- Meeting adjourned at 7:36 p.m.
What was asked 13 raised · 10 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.
PRESENTATIONS/PUBLIC HEARINGS RECOGNITIONS/PROCLAMATIONS VII. ENGINEERING A. North Street Drainage Update VIII. LEGAL A. Nuisance property - 2 Langford Av.
Discrepancy between the posted agenda item and the action recorded in the minutes.
The minutes are right and the agenda is wrong. Every document in the enforcement file names 1 Langford Avenue: the owner notice, the notice template, the Notice of Hazardous Property Hearing, the parcel map and the city code and photographs dated June 10 2022, and the July 12 2022 hearing itself was noticed and held for 1 Langford Avenue. The matter was still styled as 1 Langford Avenue when the council discussed the abatement in June 2023. Two Langford Avenue is a separate property with a different owner.
The June 14 2022 agenda lists the nuisance property as 2 Langford Avenue, but the entire enforcement file, the published hearing notice and the hearing itself are for 1 Langford Avenue.
7.12.22 Council Packet Agenda attachments; 6.13.23 Council Packet and Agenda · taken up again 2022-07-12
Schedule of Upcoming Meetings KMU Meeting: Thursday, June 23rd @ 10:00 a.m. City Council Meeting: Tuesday, June 14th @ 7 p.m.
Schedule of upcoming meetings read into the record under Other Business.
The schedule of upcoming meetings always lists the next council meeting, not the current one, so the June 14 entry is a stale line left from the meeting being held. The pattern is consistent in every other year we hold: the May 2023 schedule lists June 13, the May 2024 schedule lists June 11, and the June 2026 schedule lists July 14. The next council meeting after June 14 2022 was July 12 2022, the date the 1 Langford Avenue hearing was in fact held.
The June 14 2022 schedule lists the City Council meeting as Tuesday June 14 at 7 p.m., the meeting then in session, rather than the next one.
5.9.23 Council Packet and Agenda; 5-14-24 AGENDA; 6.9.26 Council Packet Agenda; 7.12.22 Council Minutes · taken up again 2022-07-12
Riggs outlined the actions that can be taken next by the city. Administrator Vahlsing requested the Council to move forward with the next step of a public hearing.
Riggs reported nuisance conditions violating city ordinances at 1 Langford Avenue and outlined next steps available to the city.
At the meetingCouncil approved by motion 4-0-0 to move forward with the public hearing for the abatement.
The hearing was held on July 12 2022, opened at 7:05 p.m. and closed at 7:07 p.m. with no public comment received. Attorney Riggs presented evidence that the property is a nuisance in violation of city ordinance, and the council adopted the findings of fact from the hearing and the packet materials, determined the property constitutes a nuisance and a hazardous condition under city code, and directed staff and the city attorney to issue the order to abate, on a Rechtzigel motion seconded by Helgeson.
7.12.22 Council Minutes · taken up again 2022-07-12
Motion by Rechtzigel second by Ryan to move forward with the public hearing for the abatement of 1 Langford Avenue.
Council voted to proceed to a public hearing but no hearing date appears in the record.
The hearing date was July 12 2022. It ran from 7:05 to 7:07 p.m. under the agenda heading Public Hearing, Nuisance and Hazardous Property Located at 1 Langford Avenue, on a published Notice of Hazardous Property Hearing attached to that packet. The notice document itself is listed in the packet but its publication date is not in our record.
7.12.22 Council Minutes; 7.12.22 Council Packet Agenda · taken up again 2022-07-12
Motion by Ryan seconded by Henke to start the process of an easement for MetroNet's placement of their equipment cabinet on City property.
MetroNet asked to install an equipment cabinet in the corner of the Fire Hall property under its franchise agreement.
At the meetingMotion carried 4-0-0 to begin the easement process.
The council approved the MetroNet utility cabinet easement on the fire hall property pending city attorney updates to the easement document, on a Rechtzigel motion seconded by Henke that carried 3-0-0. The easement describing the cabinet location and information on the cabinet itself were attached to the August 2022 packet. The executed easement is not in our record.
8.15.22 Council Minutes; 9.13.22 Council Packet Agenda · taken up again 2022-08-15
MetroNet Request Administrator Vahlsing stated that MetroNet requested approval to install an equipment cabinet in the corner of the Fire Hall property.
New business item added to the agenda at the start of the meeting.
At the meetingCouncil voted 4-0-0 to start the easement process rather than grant outright approval.
MetroNet got its approval two months later, conditioned on the attorney's revisions. Administrator Vahlsing recommended approving the easement and the council approved it 3-0-0 pending city attorney updates. The site plan information and the easement describing the area were attached to the packet, but the signed easement does not appear in our holdings.
8.15.22 Council Minutes and Packet Agenda · taken up again 2022-08-15
PRESENTATIONS/PUBLIC HEARINGS/RECOGNITIONS/PROLAMATIONS ENGINEERING North Street Drainage City Engineer Olinger stated that DeCook Drainage had ordered materials and they are expected to begin the project the end of July.
Engineering project update on North Street drainage.
DeCook Drainage completed the North Street Drainage Project in 2022. The council approved partial pay application No. 1 of $45,533.55 on a Rechtzigel motion seconded by Bailey, 4-0-0, and pay application No. 2 of $1,052.35 on a Ryan motion seconded by Bailey, 5-0-0. The two payments total $46,585.90 against a contract awarded June 14 2022 at $46,018.47, so the project finished $567.43 above the bid.
9.13.22 Council Minutes; 11.16.22 Council Minutes; KENYON_BIDS.md, 2022-06-14 entry · taken up again 2022-11-16
The preliminary layouts and cost estimating have been started. 2022 Chip Seal Project City Engineer Olinger reported that the contractor will begin this project in mid-July. 2020 Project Warranty Work City Engineer Olinger stated that contractors are doing some needed warranty repairs along Red Wing Avenue and at the Business Park.
Engineering update noting Empire Pipe Services is televising the sanitary sewer in the project area this week.
Televising slipped several weeks but Empire Pipe Services finished it in July 2022, and Bolton and Menk's report in the August 2022 packet carries the recommendations. For the Pearl Creek area it recommends re-routing the sanitary line, which meets both project objectives by cutting inflow and infiltration and improving access, disconnecting and abandoning over 1,600 feet of deteriorated sewer through a wooded area and eliminating two water crossings. For Forest Street it recommends sewer lining as financially feasible. Construction plans were about 50 percent complete by February 2023, and the work was awarded to BCM Construction at $1,241,494.22 in June 2023.
8.15.22 Council Packet Agenda, Bolton and Menk report; 2.14.23 Council Packet Agenda; KENYON_BIDS.md · taken up again 2022-08-15
The preliminary layouts and cost estimating have been started. 2022 Chip Seal Project City Engineer Olinger reported that the contractor will begin this project in mid-July. 2020 Project Warranty Work City Engineer Olinger stated that contractors are doing some needed warranty repairs along Red Wing Avenue and at the Business Park.
Engineering project update on the 2022 chip seal work.
Pearson Brothers delivered the chip seal rock and started July 19 2022, a one to two day job with no parking signs posted in the work areas, and completed the project in late July. Public Works then borrowed pavement maintenance equipment to finish additional repairs later that summer. The 2022 chip seal contract had gone to Pearson at $44,707 against Fahrner at $58,823, a saving of $14,116.
7.12.22 Council Minutes; 8.15.22 Council Minutes; KENYON_BIDS.md, 2022-05-10 entry · taken up again 2022-08-15
LEGAL Nuisance Property Violation – 1 Langford Avenue City Attorney Riggs stated that nuisance conditions currently exist at 1 Langford Avenue that violate City Ordinances. The owner has not taken any steps to correct the condition.
Statement supporting the move to a public hearing on abatement.
The claim held and the inaction continued. At the July 12 2022 public hearing Attorney Riggs repeated that the owner had not taken any steps to correct the condition, no public comment was received, and the council adopted findings of fact and directed staff and the attorney to issue an order to abate. The property was still an open enforcement action a year later, when the council discussed the abatement again on June 13 2023. The code enforcement file with notices and inspection dates is not in our record.
7.12.22 Council Minutes; 6.13.23 Council Packet and Agenda · taken up again 2023-06-13
Proposed Ordinance 99 (Amending Section 845 of City Code – Trees) Attorney Riggs stated that revisions to Ordinance No. 99 were necessary due to the recent discovery of the Emerald Ash Borer in Kenyon.
Basis given for adopting Ordinance No. 99 amending Section 845 of the City Code.
At the meetingCouncil adopted Ordinance No. 99 by roll call vote 4-0-0.
The ordinance took effect but the underlying detection is unverified in our data. Ordinance No. 99 amending Section 845 of the city code on trees was adopted 4-0-0 by roll call, and Resolution 2022-15 approving summary publication of it appeared on the July 12 2022 legal agenda. We hold no Minnesota Department of Agriculture or Goodhue County confirmation of an Emerald Ash Borer detection in Kenyon, which is what would substantiate the stated reason for the amendment.
7.12.22 Council Packet Agenda, Resolution 2022-15 · taken up again 2022-07-12
OLD BUSINESS None NEW BUSINESS Depot Park Liquor Request – Natalie Seidel, July 30, 2022 Motion by Rechtzigel, second by Ryan to approve the liquor request for Natalie Seidel in Depot Park.
New business item for a park event.
At the meetingCouncil approved the liquor request 4-0-0.
The signed permit is not in our archive. Alcohol in city parks is allowed by permit for a private party with no condition on glass, vendor or insurance, because the council that opened parks to alcohol declined to add conditions, so no conditions attached to the Seidel approval.
KENYON_DEPOT_PARK.md
The preliminary layouts and cost estimating have been started. 2022 Chip Seal Project City Engineer Olinger reported that the contractor will begin this project in mid-July. 2020 Project Warranty Work City Engineer Olinger stated that contractors are doing some needed warranty repairs along Red Wing Avenue and at the Business Park.
Engineering update on 2020 project warranty work.
No punch list of warranty items and no completion date for the 2020 project work along Red Wing Avenue and at the Business Park appears in our record. The later passages attached to this item concern a different project's final pay estimate and a roofing warranty. The contractor's warranty punch list and the engineer's sign-off would settle it.
would settle it: A punch list of warranty items and a completion date from the contractor
Decisions 7 motions
Who did what
| Person | At this meeting |
|---|---|
| Doug Henke Mayor | Called the meeting to order, presided, seconded the consent agenda, MetroNet easement and adjournment motions, and voted aye on Ordinance 99. |
| Dan Rechtzigel Council Member | Moved approval of the consent agenda, the 1 Langford Avenue public hearing, and the Depot Park liquor request. |
| Molly Ryan Council Member | Seconded several motions, moved adoption of Ordinance No. 99, and moved to start the MetroNet easement process. |
| Kim Helgeson Council Member | Moved approval of the amended agenda and seconded the Ordinance 99 motion. |
| Mary Bailey Council Member | Absent from the meeting; recorded as absent on the Ordinance 99 roll call. |
| Mark Vahlsing City Administrator | Requested the council move forward with a public hearing on 1 Langford Avenue and presented the MetroNet cabinet request. |
| Derek Olinger City Engineer | Reported on North Street drainage, Pearl Creek and Forest Street sanitary improvements, 2022 chip seal, and 2020 project warranty work. |
| Scott Riggs City Attorney | Outlined enforcement options for the 1 Langford Avenue nuisance and explained the need for Ordinance 99 revisions. |
| Brittni Schmitz Recommended Assistant Librarian | Recommended by the interview committee for appointment at $15 per hour (packet). |
| Natalie Seidel Depot Park liquor permit applicant | Requested approval to serve alcohol at a July 30, 2022 wedding reception in Depot Park; request approved. |
| Jeff Sjoblom Police Chief | Present at the meeting. |
| Mitch Taylor Police Officer | Present at the meeting. |
| Kathy Flikke Finance Clerk | Present at the meeting. |
| Holli Gudknecht Administrative Assistant | Present at the meeting and signed the minutes. |
| Michelle Vlasak Reporter for Kenyon Leader | Present at the meeting. |
Organizations named: City of Kenyon, DeCook Drainage, Empire Pipe Services, MetroNet, Kenyon Leader, KMU (Kenyon Municipal Utilities), Kenyon Fire Department, Goodhue County
Figures
| Amount | What |
|---|---|
| $15 | Starting hourly wage recommended for Brittni Schmitz as Assistant Librarian (packet) |
| $46,018.47 | DeCook Drainage quote for North Street Drainage Improvements, approved May 10 and included in the minutes adopted on consent |
Said at the meeting
Riggs stated that revisions to Ordinance No. 99 were necessary due to the recent discovery of the Emerald Ash Borer in Kenyon.
City Attorney Scott Riggs (as recorded in minutes) · packet, verbatim
The trucks and debris stored on the exterior must be either moved, housed within a building or screened with an approved fence.
Staff report, nuisance property item · packet, verbatim
To date the owner has not taken steps to abate the existing conditions that are in violation of City Code.
Staff report, nuisance property item · packet, verbatim
The Contractor has ordered materials and they currently waiting for delivery.
City Engineer memo (Derek Olinger) · packet, verbatim
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.
Staff report, proposed Ordinance 99 · 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 Approve Assistant Librarian.
- V.B Approve Meeting Minutes
- VI. PRESENTATIONS/PUBLIC HEARINGS
- VII. ENGINEERING
- VII.A Engineering Project Updates
- VIII. LEGAL
- VIII.A Nuisance property violation - 1 Langford Av.
- VIII.B Proposed Ordinance 99 (Amending Section 845 of City Code - Trees)
- IX. FINANCIAL
- X. OLD BUSINESS
- XI. NEW BUSINESS
- XI.A Depot Park Liquor Request-Natalie Seidel, July 30, 2022
- XII. F.Y.I. - Department Updates
- XIII. COUNCIL AND STAFF GENERAL COMMENTS
- XIV. ADJOURNMENT
- A. City Council Meeting Minutes of May 10, 2022
- B. Appoint Library Assistant
- A. North Street Drainage Update
- A. Nuisance property - 2 Langford Av.
- B. Proposed Ordinance 99 (Amending Section 845 of City Code - Trees)
- A. Depot Park Liquor Request-Natalie Seidel, July 30, 2022
- XII. OTHER BUSINESS
- A. Schedule of Upcoming Meetings
Full packet text (25k characters)
The minutes
Official minutes as adopted, from 6.14.22 Council Minutes; text extracted from the PDF.
Council Meeting was duly held in the City Council chambers at 7:00 p.m. on the 14th day of June 2022. The meeting was called to order by Mayor Henke.
- Present
- Mayor Doug Henke, Council Members Dan Rechtzigel, Molly Ryan, and Kim Helgeson
- Absent
- Mary Bailey
- Also present
- Administrator Mark Vahlsing, Police Officer Mitch Taylor, Engineer Derek Olinger, Attorney Scott Riggs, Finance Clerk Kathy Flikke, Police Chief Jeff Sjoblom, Administrative Assistant Holli Gudknecht, and Michelle Vlasak reporter for Kenyon Leader
The meeting opened with the Pledge of Allegiance.
Citizen Comment
Adopt Agenda
Addition: / XI / New Business / B / MetroNet Request
Motion by Helgeson, second by Ryan to approve the amended agenda.
Motion carried 4-0-0Consent Agenda
Motion by Rechtzigel, second by Henke to approve the Consent Agenda, which includes payment of check numbers 73720 through 73817; 4001E through 4064E.
Motion carried 4-0-0Presentations / Public Hearings / Recognitions / Prolamations
Engineering
North Street Drainage
City Engineer Olinger stated that DeCook Drainage had ordered materials and they are expected to begin the project the end of July.
Pearl Creek and Forest Street Sanitary Improvements
City Engineer Olinger stated that Empire Pipe Services is televising the sanitary sewer in the project area this week. The preliminary layouts and cost estimating have been started.
2022 Chip Seal Project City Engineer Olinger reported that the contractor will begin this project in mid-July.
2020 Project Warranty Work City Engineer Olinger stated that contractors are doing some needed warranty repairs along Red Wing Avenue and at the Business Park.
Legal
Nuisance Property Violation – 1 Langford Avenue
City Attorney Riggs stated that nuisance conditions currently exist at 1 Langford Avenue that violate City Ordinances. The owner has not taken any steps to correct the condition. Riggs outlined the actions that can be taken next by the city. Administrator Vahlsing requested the Council to move forward with the next step of a public hearing.
Motion by Rechtzigel second by Ryan to move forward with the public hearing for the abatement of 1 Langford Avenue. Motion carried 4-0-0. Proposed Ordinance 99 (Amending Section 845 of City Code – Trees) Attorney Riggs stated that revisions to Ordinance No. 99 were necessary due to the recent discovery of the Emerald Ash Borer in Kenyon. The proposed revisions would require the removal of hazardous trees that threaten buildings, could cause possible injuries, or threaten public rights-of-way.
Motion by Ryan, second by Helgeson to adopt Ordinance No. 99 amending Section 845 regarding regulation of trees, grass, and weeds in public streets and private property.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Ryan – Aye, Helgeson – Aye, Bailey - Absent
Motion carried 4-0-0Old Business
None
New Business
Depot Park Liquor Request – Natalie Seidel, July 30, 2022
Motion by Rechtzigel, second by Ryan to approve the liquor request for Natalie Seidel in Depot Park.
Motion carried 4-0-0MetroNet Request
Administrator Vahlsing stated that MetroNet requested approval to install an equipment cabinet in the corner of the Fire Hall property. MetroNet's franchise agreement was previously approved in April.
Motion by Ryan seconded by Henke to start the process of an easement for MetroNet's placement of their equipment cabinet on City property. Motion carried 4-0-0.
Schedule of Upcoming Meetings
KMU Meeting: Thursday, June 23rd @ 10:00 a.m. City Council Meeting: Tuesday, June 14th @ 7 p.m.
Council And Staff General Comments
Motion by Ryan second by Henke to adjourn the meeting at 7:36 p.m.
Motion carried 4-0-0_____ Holli Gudknecht, Administrative Assistant Douglas Henke, Mayor