Packet text, August 15, 2022
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- 8.15.22 Council Minutes minutes · 6k chars
- 8.15.22 Council Packet Agenda packet · 859k chars
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AGENDA
CITY COUNCIL REGULAR SESSION
August 15, 2022
5:00 PM
I. CALL TO ORDER AND ROLL CALL
II. CITIZEN COMMENTS
III. ADOPT AGENDA
III.A Adopt Agenda
Summary Report
8-15-2022 Agenda Council Meeting.docx
IV. CONSENT AGENDA
**All items listed with asterisks (**) are considered routine and non-controversial by the
Council and will be approved by one motion. There will be not separate discussion of these
items unless a Council member, City staff or citizen so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda.
V. APPROVAL OF MINUTES and APPOINTMENTS
VI. PRESENTATIONS/PUBLIC HEARINGS
RECOGNITIONS/PROCLAMATIONS
VI.A 2021 City Audit summary presentation. - Brad Falteysek CPA, Adbo Solutions
Summary Report
2021 DRAFT Audit Presentation.pdf
VII. ENGINEERING
VII.A North Street Drainage Improvements Update
Summary Report
01.1_North Street Drainage.pdf
VII.B 2022 Seal Coating Project
Summary Report
02.1_2022 Seal Coating Update.pdf
VII.C Downtown Angled Parking Request Update
Summary Report
03.1_Downtown Angled Parking.pdf
VII.D Pearl Creek and Forest Street Sanitary Improvement Project Report
Summary Report
04.1_Sanitary Sewer Project Summary.pdf
04.2_Sanitary Sewer Project Report.pdf
VII.E Review possible revisions to the Infrastructure Management/Capital
1
Improvement Plan – Set date for work session.
Summary Report
VIII. LEGAL
IX. FINANCIAL
IX.A Financial
Summary Report
X. OLD BUSINESS
X.A
MetroNet Utility Cabinet Easement – Fire Hall property
Summary Report
City of Kenyon_Foldcraft Addition_Imagery overview map.pdf
2-bay cabinet_front view.jpg
Generic 2bay cabinet layout drawing.pdf
MFN-City of Kenyon-Cabinent Easement-072722.docx
X.B
Update on 2022 Ford Explorer Accident Repair/Replacement
Summary Report
X.C Fire Relief Association - State Gambling Bingo Application Resolution
Summary Report
Resolution 2022-14 Approving the Application for Lawful Gambling of Kenyon
Firemen's Relief Assocation.doc
XI. NEW BUSINESS
XI.A Set Council Work Session to Review 2023 Draft Budget.
MOTION NEEDED
Summary Report
XI.B Discussion on future of Depot Park Shelter
Summary Report
DOC081022-001.pdf
XI.C Discuss possible changes to City Brush Dump – Wayne Ehrich- Public Works
Superintendent.
2
Summary Report
XI.D Purchase of 2016 Peterbilt Plow dump truck
1. Approve Purchase
Summary Report
2016 Peterbilt dump truck.pdf
2016 Plow truck invoice 7-22.pdf
XI.E Purchase of 2016 Peterbilt Plow dump truck
2. Resolution 2022-18 Approve Lease Financing 2016 Peterbilt Dump Truck
Summary Report
Resolution 2022-18 Lease Purchase 2016 Peterbilt dumptruckKintecticLeasing.docx
2016 Plow truck lease.pdf 8-22.pdf
XII. F.Y.I. - Department Updates
XII.A FYI
Summary Report
DOC081222-001.pdf
XIII. COUNCIL AND STAFF GENERAL COMMENTS
XIV. ADJOURNMENT
3
AGENDA ITEM NO. III.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: August 15, 2022
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: Miscellaneous
AGENDA SECTION: ADOPT AGENDA
SUBJECT: Adopt Agenda
SUGGESTED ACTION: See agenda for the August 2022 Council meeting attached below.
ATTACHMENTS:
8-15-2022 Agenda Council Meeting.docx
4
AGENDA
CITY COUNCIL MEETING
AUGUST 15, 2022
Recite Pledge of Allegiance
7:00. I. CALL TO ORDER AND ROLL CALL
II. CITIZEN COMMENTS
III. ADOPT AGENDA
IV. CONSENT AGENDA
** All items listed with asterisks (**) are considered routine and non-controversial by the Council and will
be approved by one motion. There will be no separate discussion of these items unless a Council member,
City staff or citizen so requests, in which case the item will be removed from the Consent Agenda and
considered in its normal sequence on the agenda.
V. **APPROVAL OF MINUTES and APPOINTMENTS
A. City Council Meeting Minutes of July 12, 2022
B. Fire Department Appointments
-Ryan Lund
-Ethan Kirchmann
-Ryan Larkin
VI. PRESENTATIONS/PUBLIC HEARINGS
RECOGNITIONS/PROCLAMATIONS
A. 2021 City Audit summary presentation. - Brad Falteysek CPA, Adbo Solutions
VII. ENGINEERING
A. North Street Drainage Improvements Update
B. 2022 Seal Coating Project Update
C. Downtown Angled Parking Request Update
D. Pearl Creek and Forest Street Sanitary Improvement Project Report
E. Review possible revisions to the Infrastructure Management/Capital Improvement
Plan – Set date for work session.
VIII. LEGAL
A. Nuisance Property Violation - 1 Langford Av.
IX. FINANCIAL
**A. July 2022 Treasurer’s Report
**B. Payment of Claims
X. OLD BUSINESS
A. MetroNet Utility Cabinet Easement – Fire Hall property
B. Fire Relief Bingo Application
1. Resolution 2022-14: Approving the Application for Lawful Gambling of Kenyon
5
Firemen’s Relief Association
B. Update on 2022 Ford Explorer Accident Repair/Replacement
XI. NEW BUSINESS
A. Set Council Work Session to Review 2023 Draft Budget.
B. Discussion on Future of Depot Park Shelter
C. Discuss possible changes to City Brush Dump – Wayne Ehrich-
Public Works Superintendent.
D. Purchase of 2016 Peterbilt Plow dump truck
1. Approve Purchase
2. Resolution 2022-18 Approve Lease Financing
XII. OTHER BUSINESS
A. Schedule of Upcoming Meetings
1. KMU Meeting: Tuesday, August 16th @ 2:00 p.m.
2. City Council Meeting: September 13th @ 7 p.m.
XIII. COUNCIL AND STAFF GENERAL COMMENTS
XIV. ADJOURNMENT
6
AGENDA ITEM NO. VI.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: August 15, 2022
SUBMITTED BY: Mark Vahlsing, Finance
ITEM TYPE: Miscellaneous
AGENDA SECTION: PRESENTATIONS/PUBLIC HEARINGS
RECOGNITIONS/PROCLAMATIONS
SUBJECT: 2021 City Audit summary presentation. - Brad Falteysek CPA, Adbo
Solutions
SUGGESTED ACTION: Review of 2021 City Audit. See summary attached below.
ATTACHMENTS:
2021 DRAFT Audit Presentation.pdf
7
City of Kenyon
DRAFT
2021 Financial Statement Audit
8
Introduction
DRAFT
• Audit Opinion and Responsibility
• General Fund Results
• Other Governmental Funds
• Enterprise Funds
• Key Performance Indicators
2 9
Audit Results
Minnesota Legal
DRAFT
Auditor’s Opinion
Compliance
No compliance issues
Unmodified noted
3 10
Audit Results
2021 Audit Findings
DRAFT
• Limited Segregation of Duties
• Internal Control Finding
• Preparation of Financial Statements
• Internal Control Finding
• Material Audit Adjustments
• Internal Control Finding
• Liquor Inventory
• Internal Control Finding
• Electronic Funds Transfers Policy
• Legal Compliance Finding
4 11
General Fund Fund Balances
$1,600,000
DRAFT
$1,400,000
$1,200,000 $1,302,960 $1,369,075
$1,261,460
$1,000,000
65.8%
58.6%
$800,000
$600,000 50%
50%
$400,000
$200,000
$-
2020 2021 2022
Unassigned Fund Balance Budget Fund Balance Policy
5 12
General Fund Budget to Actual
Budgeted
Final Actual Variance with
Amounts Amounts Final Budget
DRAFT
Revenues $ 1,341,460 $ 1,415,359 $ 73,899
Expenditures 1,302,960 1,461,505 (158,545)
Excess of Revenues
Over Expenditures 38,500 (46,146) (84,646)
Other Financing Sources (Uses)
Transfers in 88,000 113,246 25,246
Transfers out (107,500) (107,500) -
Total Other Financing Sources (Uses) (19,500) 5,746 25,246
Net Change in Fund Balances 19,000 (40,400) (59,400)
Fund Balances, January 1 886,174 886,174 -
Fund Balances, December 31 $ 905,174 $ 845,774 $ (59,400)
6 13
General Fund Revenues by Type
$800,000
DRAFT
$700,000
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
$-
Taxes Licenses and Permits Intergovernmental Other
2019 2020 2021
7 14
General Fund Expenditures by Type
$600,000
DRAFT
$500,000
$400,000
$300,000
$200,000
$100,000
$-
General Public Safety Public Works Culture and Transfers Out Other
Government Recreation
2019 2020 2021
8 15
Fund Balances
December 31, Increase
Fund 2021 2020 (Decrease)
Nonmajor
Fire Fund $ 61,023 $ 36,798 $ 24,225
Library Fund 62,837 59,535 3,302
Police Forfeiture 1,269 1,269 -
Special Purpose Donations 73,542 70,325 3,217
ARPA - - -
Special
2004 Sunset Home TIF 883 - 883
DRAFT
Economic Development Authority 222,948 166,044 56,904
Total $ 422,502 $ 333,971 $ 88,531
$450,000
$400,000
Revenue
$350,000
$300,000
Fund
$250,000
$200,000
Balances
$150,000
$100,000
$50,000
$-
Nonspendable Restricted Assigned
2020 2021
9 16
Fund Balances
December 31, Increase
Fund 2021 2020 (Decrease)
Capital Projects Fund
Capital Outlay $ 734,582 $ 865,264 $ (130,682)
Red Wing Ave Project (335,929) 710,701 (1,046,630)
Industrial Park (44,461) 48,306 (92,767)
Capital
DRAFT
Total Capital Projects Fund $ 354,192 $ 1,624,271 $ (1,270,079)
Project
$1,800,000
$1,600,000
$1,400,000
$1,200,000 Fund
$1,000,000
$800,000 Balances
$600,000
$400,000
$200,000
$-
Committed
2020 2021
10 17
Total Cash
and Total Outstanding Maturity
Debt Description Investments Assets Debt Date
General Obligation Bonds
G.O. Refunding Bonds of 2007 $ 496 $ 496 $ - Matured
Total G.O. bonds 496 496 -
DRAFT
G.O. Special Assessment Bonds
G.O. Improvement Bonds of 2012A 6,115 6,115 17,810 02/01/23 Debt
Service
G.O. Improvement Bonds of 2016A 24,418 60,674 325,725 02/01/26
G.O. Improvement Bonds of 2020A 69,848 514,584 2,439,251 02/01/41
2017 USDA Bond (Direct Borrowing) 20,340 20,340 2,026,876 08/28/57
Total G.O. Special Assessment Bonds 120,721 601,713 4,809,662
Notes
2017 USDA Note 7,283 7,283 430,231 08/28/57
Capital Lease
2020 Freightliner 114SB (493) (493) 178,975 07/20/26
2019 Ford F-150 (8,181) (8,181) 15,221 07/01/23
Fire Truck 52,430 52,430 51,311 12/15/22
43,756 43,756 245,507
Total All Debt Service Funds $ 172,256 $ 653,248 $ 5,485,400
Future Interest on Debt $ 2,172,205
11 18
$500,000
$450,000
DRAFT
Debt
$400,000
$350,000
Service
$300,000
$250,000
$200,000
$150,000
$100,000
$50,000 Continued
$-
2022 2023 2024 2025 2026 2027 2028 2029 2030 2031
Principal Interest
12 19
Net Position
December 31, Increase
Fund 2021 2020 (Decrease)
Enterprise Funds
Water $ 1,524,138 $ 929,890 $ 594,248
DRAFT
Sewer 2,579,191 2,430,002 149,189
Electric 6,263,809 5,777,997 485,812
Storm 1,006,680 853,699 152,981
Liquor 118,141 211,955 (93,814)
Total Net Position 10,367,138 9,137,889 1,288,416
Enterprise
Funds
Cash Balance
December 31, Increase
Fund 2021 2020 (Decrease)
Enterprise Funds
Water $ 695,404 $ 844,869 $ (149,465)
Sewer 1,461,590 1,485,894 (24,304)
Electric 4,087,408 3,678,691 408,717 Net Position and Cash
Storm 716,568 837,553 (120,985)
Liquor 145,083 109,979 35,104 Balances
Total Net Position 6,244,402 6,009,454 149,067
13 20
2021 2020 2019
Operating Revenues $ 261,220 $ 259,086 $ 258,668
DRAFT
Operating Expenditures 296,091 266,659 226,997
Operating Income (34,871) (7,573) 31,671 Water
Net Nonoperating Revenue (Expense)
Capital Contributions and Transfers
(9,355)
638,474
160,363
(559,225)
15,940
-
Utility
Change in Net Postion 594,248 (406,435) 47,611 Fund
Net Position, January 1 929,890 1,336,325 1,288,714
Net Postion, December 31 $ 1,524,138 $ 929,890 $ 1,336,325
Change in Net Position
14 21
2021 2020 2019
Operating Revenues $ 415,830 $ 403,752 $ 389,936
Sewer
DRAFT
Operating Expenditures 567,149 450,278 447,321
Operating Income (151,319) (46,526) (57,385)
Utility
Fund
Net Nonoperating Revenue (Expense) 12,293 190,165 37,059
Capital Contributions and Transfers 288,215 (33,218) 63,925.00
Change in Net Postion 149,189 110,421 43,599
Net Position, January 1 2,430,002 2,319,581 2,275,982 Change in Net Position
Net Postion, December 31 $ 2,579,191 $ 2,430,002 $ 2,319,581
15 22
2021 2020 2019
Electric
DRAFT
Operating Revenues $ 2,039,772 $ 2,026,025 $ 1,960,739
Operating Expenditures 1,633,544 1,674,702 1,630,486
Operating Income 406,228 351,323 330,253 Utility
Net Nonoperating Revenue (Expense)
Capital Contributions and Transfers
145,358
(65,774)
376,592
(68,703)
318,113
(65,952.00)
Fund
Change in Net Postion 485,812 659,212 582,414
Net Position, January 1 5,777,997 5,118,785 4,536,371 Change in Net Position
Net Postion, December 31 $ 6,263,809 $ 5,777,997 $ 5,118,785
16 23
2021 2020 2019
Operating Revenues $ 53,896 $ 53,542 $ 46,522
Storm
DRAFT
Operating Expenditures 93,372 57,248 63,453
Operating Income (39,476) (3,706) (16,931)
Water
Fund
Net Nonoperating Revenue (Expense) (23,728) 39,629 9,915
Capital Contributions and Transfers 216,185 (14,191) 15,000.00
Change in Net Postion 152,981 21,732 7,984
Net Position, January 1 853,699 831,967 823,983 Change in Net Position
Net Postion, December 31 $ 1,006,680 $ 853,699 $ 831,967
17 24
2021 2020 2019
DRAFT
Gross Profit $ 269,671 $ 229,667 $ 288,489
Operating Expenditures 391,984 235,106 269,840
Liquor
Operating Income (122,313) (5,439) 18,649
Net Nonoperating Revenue (Expense) 48,499 28,332 30,790
Change in Net Position
Capital Contributions and Transfers (20,000) - (20,000)
Change in Net Postion (93,814) 22,893 29,439
Net Position, January 1 211,955 189,062 159,623
Net Postion, December 31 $ 118,141 $ 211,955 $ 189,062
18 25
Cash and Investments Balances
by Fund Type
$12,000,000
DRAFT
$10,000,000 $9,421,021
$8,762,554
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
$(2,000,000)
2020 2021
General Fund Capital Projects Funds Special Revenue Funds
Debt Service Funds Enterprise Funds
19 26
Taxes
Key Performance Indicators
DRAFT
Tax Rates Taxes Per Capita
120.0% $900
$800
100.0%
$700
80.0% $600
$500
60.0%
$400
40.0% $300
$200
20.0%
$100
0.0% $-
2018 2019 2020 2021 2018 2019 2020 2021
Class 4 Cities 58.5% 58.1% 58.8% N/A Class 4 Cities $549 $574 $606 N/A
Cities in Goodhue County 76.7% 77.0% 74.6% N/A Cities in Goodhue County $777 $784 $831 N/A
City of Kenyon 94.7% 95.9% 83.0% 84.8% City of Kenyon $563 $551 $516 $563
20 27
Debt
Key Performance Indicators
DRAFT
Debt Service Expenditures as a Percent
Long Term Debt - Per Capita of Current Expenditures
$6,000 25.00%
$5,000
20.00%
$4,000
15.00%
$3,000
10.00%
$2,000
$1,000 5.00%
$- 0.00%
2018 2019 2020 2021 2018 2019 2020 2021
Class 4 Cities $2,697 $2,005 $2,150 N/A Class 4 Cities 20.55% 14.16% 13.39% N/A
Cities in Goodhue County $2,999 $2,355 $2,614 N/A Cities in Goodhue County 20.40% 14.58% 15.94% N/A
City of Kenyon $3,032 $2,917 $5,563 $5,217 City of Kenyon 12.05% 12.35% 18.28% 13.65%
21 28
Expenditures
Key Performance Indicators
Current Expenditures Per Capita Capital Expenditures Per Capita
DRAFT
$1,400 $1,600
$1,200 $1,400
$1,200
$1,000
$1,000
$800
$800
$600
$600
$400
$400
$200 $200
$- $-
2018 2019 2020 2021 2018 2019 2020 2021
Class 4 Cities $753 $791 $839 N/A Class 4 Cities $400 $426 $558 N/A
Cities in Goodhue County $836 $986 $929 N/A Cities in Goodhue County $516 $395 $524 N/A
City of Kenyon $1,007 $1,289 $1,209 $1,007 City of Kenyon $86 $311 $1,397 $258
22 29
Enterprise Funds
Key Performance Indicators
Sewer Fund Debt Service Coverage
Water Fund Debt Service Coverage
DRAFT
250%
500%
450%
400% 200%
350%
300% 150%
250%
200% 100%
150%
100% 50%
50%
0%
2019 2020 2021 0%
2019 2020 2021
Class 4 Cities 119% 248% N/A Class 4 Cities 120% 216% N/A
Cities in Goodhue County 211% 137% N/A Cities in Goodhue County 82% 149% N/A
City of Kenyon 427% 267% 77% City of Kenyon 129% 152% 49%
23 30
Your Abdo Team
Brad Falteysek, CPA
Partner
DRAFT
Tyler See, CPA
Manager
Natasha Haugen
Associate
Jason Fagan
Intern
brad.falteysek@abdosolutions.com tyler.see@abdosolutions.com natasha.haugen@abdosolutions.com jason.fagan@abdosolutions.com
24 31
AGENDA ITEM NO.
VII.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: August 15, 2022
SUBMITTED BY: Mark Vahlsing, Engineering
ITEM TYPE: Engineering
AGENDA SECTION: ENGINEERING
SUBJECT: North Street Drainage Improvements Update
SUGGESTED ACTION: Work has begun on the project. See memo below from City
Engineer.
ATTACHMENTS:
01.1_North Street Drainage.pdf
32
North Street Drainage Improvements
Wayne and Derek met with the contractor for a brief project walk-thru on August 3 rd. DeCook has started clearing trees
for the new storm sewer extension. Structures and other materials have now arrived, and crews plan to begin installing
pipe during the week of August 15th.
Requested Action:
None. Information Only
H:\KENYON_CI_MN\_General\Council Meetings\2022\8 - August 2022\01.1_North Street Drainage.docx
33
AGENDA ITEM NO.
VII.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: August 15, 2022
SUBMITTED BY: Mark Vahlsing, Engineering
ITEM TYPE: Engineering
AGENDA SECTION: ENGINEERING
SUBJECT: 2022 Seal Coating Project
SUGGESTED ACTION: The Seal Coating project was completed at the end of July. See
update from City Engineer attached below.
ATTACHMENTS:
02.1_2022 Seal Coating Update.pdf
34
2022 Seal Coating
Pearson Brothers was in town in late July to complete this year’s chip sealing project. All work is now complete and
Pearson was able to complete all of the requested areas within budget.
On a related matter, Public works has been coordinating with the County to borrow some pavement maintenance
equipment. This equipment will allow public works complete some additional maintenance and repairs (filling potholes,
wide-crack repairs, etc.) later this summer.
Requested Action:
None. Information Only
Chip Seal Project Area
H:\KENYON_CI_MN\_General\Council Meetings\2022\8 - August 2022\02.1_2022 Seal Coating Update.docx
35
AGENDA ITEM NO.
VII.C
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: August 15, 2022
SUBMITTED BY: Mark Vahlsing, Engineering
ITEM TYPE: Engineering
AGENDA SECTION: ENGINEERING
SUBJECT: Downtown Angled Parking Request Update
SUGGESTED ACTION: A meeting was held with MNDOT-Rochester office staff on August
4 to discuss downtown parking. The City Engineer is continuing to
work with MNDOT on downtown parking. See report from City
Engineer attached below.
ATTACHMENTS:
03.1_Downtown Angled Parking.pdf
36
Downtown/Hwy 60 Angled Parking
On August 4th, we met with MnDOT District 6 planning staff to discuss the possibility of angled parking in downtown.
Work related to this matter is ongoing and we currently plan to bring our findings to the September EDA meeting and
then the October regular council meeting for further discussion.
Requested Action:
None. Information Only
H:\KENYON_CI_MN\_General\Council Meetings\2022\8 - August 2022\03.1_Downtown Angled Parking.docx
37
AGENDA ITEM NO.
VII.D
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: August 15, 2022
SUBMITTED BY: Mark Vahlsing, Engineering
ITEM TYPE: Engineering
AGENDA SECTION: ENGINEERING
SUBJECT: Pearl Creek and Forest Street Sanitary Improvement Project
Report
SUGGESTED ACTION: The City Engineer will review the findings of the feasibility report for
the Pearl Creek and Forest Street Sanitary Improvement Project. No
action will be taken by the Council at the August meeting.
ATTACHMENTS:
04.1_Sanitary Sewer Project Summary.pdf
04.2_Sanitary Sewer Project Report.pdf
38
Pearl Creek & Forest Street Sanitary Improvements
The review of sanitary sewers for this project is now complete and a report is included in the council packet. At the
upcoming meeting, we will be presenting key points from the study and recommendations for moving forward.
Below is a brief summary of the report content:
Pearl Creek Mains
Mains were found to be in slightly poor to very poor overall condition. Sanitary mains below Pearl Creek were found to
be buried at an inadequate depth below the Pearl Creek Stream bed. As expected, this main is suspected to be a major
source of clear water infiltration in to the sanitary system and improvements are warranted as soon as feasible.
The recommended improvement alternative to address issues in this area includes rerouting sewers outside of Pearl Creek
by constructing a new lift station and forcemain and optionally installing pipe liners in areas undisturbed by the rerouting.
This improvement would meet the primary project goals of eliminating I&I and improving access for future maintenance.
Estimated costs are in the range of $1.40 to $1.58 million.
Forest Street Mains
Mains were found to be in moderately poor condition and significant tree root intrusion issues were observed during
televising. Improvements are warranted in this area; however, if there are budgetary constraints, Pearl Creek should be
prioritized over Forest Street.
The recommended improvement for Forest Street sanitary mains includes the installation of cured-in-place pipe (CIPP)
lining. This type of improvement would result in a significant reduction in infiltration volumes and would preserve the
structural integrity of pipes.
Estimated costs for all work are estimated at ~$565,000; however this work could be easily delayed or completed in stages
to meet any budgetary constraints.
Next Steps
Following presentation of the report findings, we will be open to any comments or questions that the council may have.
No specific action on the project during the August 15th meeting. Final decisions regarding the project scope will be
delayed till after the Council approves the updated capital improvement plan at a later meeting. The budget set for this
project will dictate the recommended scope.
Requested Action:
None. For discussion only.
H:\KENYON_CI_MN\_General\Council Meetings\2022\8 - August 2022\04.1_Sanitary Sewer Project Summary.docx
39
Preliminary Engineering Report
Pearl Creek & Forest Street Sanitary Sewer Improvements
City of Kenyon
August 2022
Submitted by:
Bolton & Menk, Inc.
2900 43rd Street NW
Suite 100
Rochester, MN 55904
P: 507-208-4332
40
H:\KENYON_CI_MN\0H1126462\2_Preliminary\C_Reports\126462 Prelim Eng Rpt_v1.docx
Certification
Preliminary Engineering Report
For
Pearl Creek & Forest Street Sanitary Sewer Improvements
City of Kenyon
Kenyon, MN
0H1.126462
August 2022
PROFESSIONAL ENGINEER
I hereby certify that this plan, specification, or report was
prepared by me or under my direct supervision, and that I
am a duly Licensed Professional Engineer under the laws
of the State of Minnesota.
Signature:
Typed or Printed Name: Derek P. Olinger, PE
Date: 8/10/2022 License Number: 54287
Prepared by: Bolton & Menk, Inc. Certification
Pearl Forest Sanitary Improvements ǀ 0H1.126462
41
Table of Contents
I. INTRODUCTION..................................................................................................................................... 1
II. EXISTING CONDITIONS .......................................................................................................................... 3
Pearl Creek Area ........................................................................................................................... 3
Forest Street Area ......................................................................................................................... 3
General Comments ....................................................................................................................... 3
III. IMPROVEMENT ALTNERNATIVES & COSTS........................................................................................... 4
Pearl Creek Alternatives ............................................................................................................... 4
Forest Street Alternatives ............................................................................................................. 5
IV. DISCUSSION & OTHER CONSIDERATIONS ............................................................................................. 7
Prioritizing Improvements ............................................................................................................ 7
Budget........................................................................................................................................... 7
Other considerations .................................................................................................................... 7
V. RECOMMENDATIONS & IMPLEMENTATION ........................................................................................ 8
Pearl Creek Area ........................................................................................................................... 8
Forest Street Area ......................................................................................................................... 8
Schedule & Other Considerations ................................................................................................ 8
VI. CONCLUSIONS ....................................................................................................................................... 9
Tables
Table 1 – Cost Summary ............................................................................................................................... 7
Table 2 – Tentative Project Schedule............................................................................................................ 8
Appendices
Appendix A: Figures
Appendix B: Cost Estimates
Appendix C: Permitting, Easements & Special Assessment Considerations
Prepared by: Bolton & Menk, Inc. Table of Contents
Pearl Forest Sanitary Improvements ǀ 0H1.126462
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I. INTRODUCTION
This report provides an evaluation of two segments of wastewater collection mains within the City of
Kenyon which are suspected to be significant contributors of clear water inflow and infiltration (I & I)
into the City’s sanitary system. The following contains a description of existing conditions and several
improvement options.
The study area includes mainline gravity sewers along Pearl Creek, Forest Street and other minor sewer
segments tied to these mains. These areas are illustrated below.
Project Location Map
Prepared by: Bolton & Menk, Inc. INTRODUCTION
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Background
In the past several years, high flow rates during wet weather and high groundwater conditions have
been observed at the Kenyon wastewater treatment plant. As illustrated in the chart below, wastewater
flows regularly exceed the design capacity of the facility.
Wastewater Treatment Facility Discharge
0.9
0.8
0.7
0.6
0.5
0.4
0.3
0.2
0.1
0
Average Daily Flow (mgd) Preferred Flow (mgd) Max Daily Flow (mgd)
During the recent 2020 Kenyon Business Park sewer extension, the MPCA noted the high flows during
the new sewer extension permitting process. Although no formal warning was issued, the City should be
aware that the wastewater system is regularly running at or above capacity and sewer extensions for
future developments may be restricted if flows are not brought under control.
In 2020, an infrastructure management plan and infrastructure capital improvement plan were prepared
and reviewed with the City Council. One of the primary goals described in this plan was for the City to
take significant steps toward reducing I & I into the sewer system. As a result, sanitary sewer
improvements for the areas noted above were identified for tentative completion in 2023.
Prepared by: Bolton & Menk, Inc. INTRODUCTION
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II. EXISTING CONDITIONS
A topographic survey of the project area was completed by Bolton & Menk in April 2022. Sewer mains
were televised by Empire Pipe Services in July 2022. The information below is based on historical
records, findings of the topographic survey, review of televising videos and reports, and past
observations by public works staff.
Pearl Creek Area
Sanitary sewer in this area is comprised of 8-inch diameter clay pipe and concrete block
manhole structures. Sewers adjacent to Pearl Creek were constructed in 1948 as part of a
large sewer extension project and the original construction of the City’s wastewater
treatment plant. Pine Street main appears to have been installed sometime after 1948 and
is of similar construction.
Notable issues found during review are annotated in Figure 1 of Appendix A.
To summarize, the existing main crosses Pearl Creek three times at a depth that does not
meet current regulatory standards. Although there is no evidence of an immediate failure,
the lack of proper depth poses a risk of unwanted creek water into the sewer system or
wastewater into the creek, as a result of a pipe damage, washout, or other failure.
Access to several manholes on the Pearl Creek main has not been maintained since the
original construction. These areas are heavily wooded and are currently inaccessible with
standard maintenance equipment. Lastly, several manholes in wooded areas are located
within the 100-year floodplain and are likely inundated during high water events. It should
be noted that a pipe joint failure with a relatively high volume of infiltration was observed
during televising. This pipe joint represented a significant risk of failure in the near future
and the City has made plans for an emergency repair.
Based on the review of mainline televising, the condition of sewer mains within Pine Street
and the Pearl Creek line to the south can be characterized as fair to moderately poor. The
remainder of the Pearl Creek sewer main between Pine Street and the Highway 60 is
moderately poor to very poor.
Forest Street Area
Existing mains within this area are comprised of 8” clay pipe with brick or concrete block
manhole structures. Record plans for the original main do not exist; however, these mains
are believed to be installed some time prior to 1948. Localized segments of pipe which have
been replaced or repaired with ductile iron or PVC pipe.
Notable issues found during review are annotated in Figure 2 of Appendix A.
Almost all segments of pipe within Forest and 8th Street exhibit fracturing near pipe joints.
Tree roots appear to be a major issue in this area and can be seen within most segments. In
addition to flow blockage, roots damage pipe joints and allow groundwater to infiltrate into
the sewer. Several small holes and deformations in pipe were also observed.
The overall condition of the mains observed can be characterized as moderately poor in
general, and very poor in localized segments.
General Comments
The conditions of both mains show evidence of infiltration and maintenance issues. Based
on these findings, improvements to both mains are warranted. Improvement options and
considerations for prioritization of improvements are discussed in the following sections.
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III. IMPROVEMENT ALTNERNATIVES & COSTS
Pearl Creek Alternatives
Sewer Lining & Rehabilitation:
Sewer lining is commonly completed with a method called “Cured-in-Place-Pipe (CIPP)”. The
liner is pulled through the existing main, inflated tight to the pipe interior, and hardened to
form a permanent, watertight sleeve inside the older pipe. CIPP lining is ideal for areas
where traditional excavation and replacement is expensive or unfeasible. Prior to lining, any
large segments of broken, missing or sagged pipe should be repaired, which requires
excavation and restoration of overlying surfaces.
In addition to lining, manhole structures would be replaced and adjusted to ensure that tops
are elevated above the 100-year water level.
CIPP sewer lining was initially believed to be the preferred scope when completing the City’s
Capital Improvement Plan. However, due to the existing crossing depths and DNR
requirements, lining of the entire main will not be possible and cannot be considered as an
improvement option.
Reconstruct & Lower Existing Main:
Given the water crossing constraints, consideration was given to deepening the existing
sewer main using either open-cut or trenchless methods. Trenchless methods would be
required for stream crossings. The remainder of main which does not require grade
adjustment could be lined and rehabilitated, as described above. These improvements are
illustrated in Figure 3 of Appendix A.
Although this type of improvement would address I & I issues in this area, the following
disadvantages should be taken into consideration:
High Cost (Rock Excavation, Construction Access, Groundwater Control)
Continued access challenges with main through woods
Constructability Issues
Collectively, these concerns present additional risk if the city were to move forward with
this alternative. For these reasons, this option does not appear to be the best option for
addressing the needs of the Pearl Creek sanitary main and other options would be more
feasible.
A detailed cost estimate is included in Appendix B. A summary of estimated costs is
provided below.
Estimated Project Cost: Reconstruct/Lower Main $1,706,000
Optional Lining (South End) $ 102,000
Optional Lining (Pine St) $ 77,000
Total $1.71 – $1.89 Million
Reroute Existing Main:
Rerouting of the main would consist of constructing a new lift station and forcemain to
reroute sewer within the Pearl Creek area. The proposed lift station location is in the green
space to the East of Pine Street.
The lift station will require the extension of single or 3-phase power and a backup
Prepared by: Bolton & Menk, Inc. IMPROVEMENT ALTNERNATIVES & COSTS
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generator. In addition, the lift station will need access from either Pine St or Cross St. Slopes
in this area are too steep to traverse with standard maintenance equipment so grading an
accessible access driveway should be included with the project.
New forcemain would convey wastewater from the lift station site to an existing 10”
sanitary main located at the intersection of 2nd St and Langford Ave. The existing sewer
crossing Pearl Creek south of the new lift station would be lowered to meet DNR
requirements. The remainder of sewer mains which are not abandoned or impacted by re-
routing, could be optionally CIPP lined, as previously discussed.
The existing sewer north of the lift station site would be disconnected from the system and
abandoned in place. There is one service line connected to this line (from 103 Gates Ave)
which would need to be addressed. The line could be re-routed and connected to another
live main or abandoned, which would require the installation of an on-site septic system.
The primary disadvantage of this alternative is the addition of a lift station to the sewer
system. These systems require power, replacement parts, and routine maintenance by City
staff. Unfortunately, the topography of the area will not allow for rerouting sewer with
gravity pipe and the lift station is necessary for this alternative.
Additional details regarding this option are illustrated in Figure 4 of Appendix A. A detailed
cost estimate is included in Appendix B. A summary of estimated costs is provided below.
Estimated Project Cost: Reroute Main, Lift Station/Forcemain $1,395,000
Optional Lining (South End) $ 102,000
Optional Lining (Pine St) $ 77,000
Total $1.40 – $1.58 Million
Rerouting and optional lining of the Pearl Creek area sanitary mains appears to be the most
feasible option for the reasons noted above.
Forest Street Alternatives
Open-Cut Replacement of Mains:
Given the limited budget of this project, open-cut replacement of sanitary mains was not
evaluated in detail; however, the following should be taken into consideration.
Full reconstruction of sewers offers the highest value when overlying streets already
warrant reconstruction and other utilities (watermain) need replacement. In this case,
streets are in moderate condition and may last another 20 years before reconstruction is
warranted. The watermain is mostly 4-inch diameter cast iron pipe, which should be
replaced and upsized during the next planned reconstruction. In summary, open-cut
replacement of sanitary sewer main would address the issues observed; however, the
timing of this scope does not align with the needs of the full street corridor and the City
should pursue other methods of addressing infiltration within this corridor in the near term.
Sewer Lining & Rehabilitation:
CIPP sewer lining could be implemented, as described previously. In this area, much of the
main is heavily impacted by roots and other sources of infiltration, but most of the line is in
adequate structural condition and has held its shape. These characteristics make it a good
candidate for lining.
Following lining of mains, services should be sealed with grout near the connection point to
Prepared by: Bolton & Menk, Inc. IMPROVEMENT ALTNERNATIVES & COSTS
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reduce the risk of continued infiltration at these locations. Alternatively, the full length of
services could be CIPP lined; however, the cost for this work is high ($8,000 or more per
service) and was not considered any further.
Manholes appear to be in satisfactory structural conditions and may be suitable for spray-on
interior liner systems. The new liner will slow the rate of deterioration for the structure and
prevent infiltration through joints.
Depending on the segment being lined, various point repairs would be necessary. These
repairs would include excavations within the street to correct severe pipe defects or sags
prior to lining.
Lastly, given the extent of repair work necessary for the 8 th Street line, we recommend that
this segment be removed from consideration for lining and prioritized for reconstruction
when possible. In the meantime, the city should monitor this line closely and perform point
repairs as needed.
Additional details regarding this option are illustrated in Figure 5 of Appendix A. A detailed
cost estimate is included in Appendix B. A summary of costs is provided below.
Estimated Project Cost: CIPP Lining (6th to 3rd St) $ 395,000
CIPP Lining (8th to 6th St) $ 220,000
Total ~ $ 565,000
Lining of the Forest Street sanitary mains appears to be a feasible option for improving
sewers in this area and addressing project goals.
Prepared by: Bolton & Menk, Inc. IMPROVEMENT ALTNERNATIVES & COSTS
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IV. DISCUSSION & OTHER CONSIDERATIONS
Prioritizing Improvements
The primary goal of this project is to reduce total volume of inflow and infiltration into the
sewer system.
Given the conditions of both mains as described above, improvements to all mains within
the study area are warranted. If selecting improvements to one area over another, we
recommend that sewer improvements in the Pearl Creek area be prioritized over Forest
Street.
Budget
The City undated
updated its infrastructure capital improvement plan (CIP) in September 2021. The
Pearl Creek and Forest Street sanitary lines were listed for tentative construction in 2023.
After adjusting for inflation, the budgeted cost included in the current CIP is $1.1 – $1.2
Million. Estimated costs for the improvements discussed in this report are summarized
below.
Table 1 – Cost Summary
Area Component Cost
Reroute Main, Lift Station/Forcemain $1,395,000
Optional Lining (South End) $ 102,000
Pearl Creek
Optional Lining (Pine St) $ 77,000
Pearl Creek Total $1.40 – $1.58 Million
CIPP Lining (6th to 3rd St) $ 395,000
th th
Forest Street CIPP Lining (8 to 6 St) $ 220,000
Forest Street Total $ 565,000
Total Project Costs1 $1.40 - $2.15 Million
Notes: 1 Recommended minimum cost is based on Pearl Creek re-routing only. Maximum based on all
components included in table above.
As can be seen above, the recommended improvements within this report do not fall within
the current CIP budgetary limits. The City council will need to provide direction regarding
the project budget and the prioritization of improvements during the next CIP planning
session.
Other considerations
Various permits, licenses and approvals will be required to implement improvements
described in this report. Appendix C includes additional information and considerations
regarding permitting, easement acquisition, and special assessments.
Prepared by: Bolton & Menk, Inc. DISCUSSION & OTHER CONSIDERATIONS
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V. RECOMMENDATIONS & IMPLEMENTATION
Pearl Creek Area
Based on the information contained herein, we recommend that the City move forward with
re-routing the Pearl Creek Sanitary sewer line, as previously described. This option meets
both project objectives of reducing I & I into the system and improving access by
disconnecting and abandoning over 1,600 feet of deteriorated sewer through a wooded
area and eliminating two water crossings.
Forest Street Area
We recommend that the City complete sewer lining within Forest Street, as financially
feasible. If the City would like to move forward with these improvements, these
improvements can be planned and bid as additional alternate work, which would allow the
city to add or remove these components easily, depending on actual bid pricing received.
If the City does not include the required budget for Forest Street, we recommend that these
improvements be reprioritized in the CIP for completion within the next 5 years.
Schedule & Other Considerations
The following provides a tentative schedule for completion of the project.
Table 2 – Tentative Project Schedule
Preliminary Analysis (Survey, Televising, Layout) Spring/Summer 2022
Present Preliminary Engineering Report Aug 15, 2022
Council Update CIP/Select Project Scope – Special Meeting Aug/Sept 2022
Update CIP/Accept Project Scope, Authorize Final Design Sept/Oct 2022
Initiate Easement Acquisition Oct 2022
Utility Design Meeting Dec 2022
Final Design, Plan & Specification Preparation Winter 2022/23
Easement Acquisition Complete (Goal Date) Jan 2023
Final Plan Approval, Advertising, Bidding Spring/Early Summer 2023
Construction Summer 2023 - 2024
The following items may impact the schedule:
1. Easement Acquisition. If landowners are unwilling to grant easements by negotiation,
the schedule could be delayed by months or longer. Delays associated with easements
also often result in increased costs. For these reasons, easement discussions and
negotiations should begin as early as possible.
2. Availability of materials. In this past year, lead times for specialty structures,
mechanical and electrical equipment for lift stations has increase drastically. For this
reason, it is likely that construction of the Pearl Creek re-routing may be delayed till
2024.
Given these unknowns at this stage of the planning process, the actual project schedule is
likely to change as the City moves forward with the desired improvements.
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VI. CONCLUSIONS
The capacity of the city wastewater system has been severely impacted in the last several years by
excessive I & I into the system. The segments of sanitary collection main along Pearl Creek and Forest
Street are verified sources of heavy infiltration and improvements are warranted and necessary. The
recommended improvement options are cost-effective and can be best accomplished by letting
competitive bids.
At the August 15th regular City Council meeting, we will be summarizing key takeaways from this report
and answering any questions the Council may have. The City council will be asked to provide opinions on
the recommended scope and prioritization of improvements; however, no official action will be
requested.
During the August 15th meeting, the City council will be asked to schedule a separate special meeting to
discuss the full infrastructure management plan and update the list of infrastructure projects on the
capital improvement plan (CIP). The CIP budget set for this sewer project will dictate the extent of
improvements feasible.
Prepared by: Bolton & Menk, Inc. CONCLUSIONS
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Appendix A: Figures
52
Appendix A
Sanitary System EXISTING CONDITIONS
PEARL CREEK: Pearl Creek Main1
FIGURE
City of Kenyon, MN February 2022
AUGUST 2022
225 221 215
8"
"
309 1002 20
5 12
6'' CIP
313 305 !
5
317 12"
11 8
20
1 !
5 8" "
12 1002
0 E
15" Y6
HIGHWAY
WA 8" !
5 !
5
H
12"
!
5
302 HIG
205
308 306 304 ZR-010 15"
!
5 HIGHWAY 60 E
ZR-030 12" "
HIGHWAY 56
12" 12"!
5 5!
! 5 56
!
5
ZR-020 12"
12 6'' !
5
SKOGEN LN
!
5
8" 30
1
!
5 201
15"
12"
@
A
?60
!
5
!
5 8"
!
5
8" CIP 8"
"
307
305 12 303 1001 ZR-030 5!
!5 8" ZR-010
ZR-020
401 8" 1001
"
12
8" 12" !
5
8"
0` 8"
!
5 20 PC-010
8" !
5
"
Broken/Missing Pipe Segments 5 PC-010
! 12
!
5
11
!
5 11
"
12
8"
!
5 Old Main No
8" 8"
!
5 Longer In Use 370`
8"
!
5 KENYON CEMETER
" Y
8" 12
!
5 RD !
5 !
5 PC-020
12" !
5
!
5
LL
HI 8"
N
RE
275`
G 8" Heavy Roots
" MO !5
12
8"
8"
62 6
!
5 PC-030
!
5 N
56
!
5
" HIG
12 HW
8"
AY 8"
40
3`
!
5
Two manholes Medium to Major Sags Throughout
626 1
inaccessable
12" !
5
LANGFORD AVE
8" !
5 !
5 PC-040
614 8" 2
10 10 8" !
5
!
5 !
5
T !
5 8" 141` 103
SS S
8" CRO
708 !
5 PC-050
706 712 Concrete Encased Pipe Exposed in
NORTH ST !
5 Stream, Major Sag through Stream
8" 8" 8" Major Infiltration Gusher
!
5 MART ST !
5 8" (Planned for Emergency Repair August 2022)
607 613 617 621 12
8" 243`
SLEE
15 No Manhole
707 711 717 3
Broken/Missing2Pipe
ST Segment 5 PC-060
!
19
8"
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8" !
5 275`
PN-020
PN-010
ER
702 706 714 !
5
WAT
10" 718 722 ST 155` 8"
620
10"
287`
309
5 FRONT ST !
5
19
PINE
621
!
110
10" Pipe Depth Below Stream Bed <1'
10" 10" 103
618
ST
!
5 !
5 !
5
626
8"
620
!
5 PC-070
621
111 116
620 619
108
8"
109 10" 115
625
!
5 1000
110 121
8" 264`
8"
623
!
5 !
5
115 114 123 8"
632
8" 119 118
624
!
5 5 1ST ST
! 129 !
5
!
5 PC-080
8"
631
123 128
625
624
!
5 1010
127
Offsets w/ soil exposed
132 1022
131 at service connections
8" 1010
634
902 341` 1112 1114
1038
627 626
1028 1032
627
133 8" 1028 1102
!
5
138 1120
137
10"
628
1018 CI
704 714 720
635 636
704 730
8" 8" 8"
8" 8" 2ND ST X
W
V
G 12
!
5 !
5 !
5
8"
!
5
629
!
5 !
5 !
5 !
5 8"
635 638
PC-090
?
A
@
11
03 1111
56
8" RED WING AVE
MA
701 709 713 715 719
903 1049 N TO 11
637 631
11
RV
I
I
LL
634
Legend
!
HI
10" E
632
!
5 GH RD
642
213 214 223
WAY 215
!
5
Sanitary Pipe
218 (By Material) 8"
641
217 Sanitary218
Forcemain 223 Conditional Pipe Rating
210 56
633
PVC
26
S
222 2235
! Sanitary222
Manhole Very Poor - Missing/Broken Pipe, Frequent/Heavy Infiltration
8" VCP8" 226 !
5 5 LAWN ST
! 1131
Ú 1121
648
!
5 3RD ST !
5 227 [ Sanitary Lift Station 8" Moderately Poor - Structural Deficiencies, Frequent Roots & Infiltration
645
1029
!
5 8" 302
CIP 301
303
631 304 Parcels 301 Slightly Poor - Few Structural Deficiencies, Some Roots & Infiltration
306 809 304
308 Lined
CIPP 305
307 304
City Limits Satisfactory (Clay) - Very Few Visible Deficiencies, Joints may Infiltrate
648
309 310
653
312
Unknown Pearl Creek 10"
26 20
8" 313 Satisfactory (PVC) - Very Few Visible Deficiencies, Gasketted Joints
637
Access314
Route (Approx)
0 200 Steep Grade (Approx) 316 804 808 812 816 820 824 1221
653 650
712
Feet Accessible322
Manhole
321 718
322
Source: City of Kenyon, Goodhue
8" County 8"
!
5 !
5 HOME ST 5 8"
!
411 402 8" 711 809 815 823 827 831 53
Appendix A
Sanitary
FORESTSystem
STREET: EXISTING CONDITIONS FIGURE
Forest Street Main2
City of Kenyon, MN February 2022
AUGUST 2022
!
5 !
5 !
5 !
5 !
5
?
A
@ !
5 !
5
8" 8" 8" 8"
60 !
5
!
5 8"
8" RED WING AVE
*All Sections of pipe reviewed had high 8" HI
701 709 713 715 719
635
303 309 315 401 401 419 223
635
425 433 503
503
523 529 605
613 621 621 GH
637
625 631
641
511 609 645
frequency of root intrusion and fractured pipe 653
12"
653
WAY
!
5 FR-050 !
5 10"
56
SPRING ST
8" 213 214
LANGFORD AVE
S
216
?
A
@
8" 218 217 218 223
310 314 318 322 404 408 412 418 424 210
504
430
514 604 610 616 620 624 56
222
!
5 FR-060 222 223
12" 12" 8"
8" 8" 8" 226 !
5 5LAWN ST
!
5!
!5 !
5 3RD ST !
5 !
5 !
5 8"
227
FR-070 8" 302
!
5 303
631 304 301
8"
2 Services
521
145' 809 304
Nearly every Joint Fractured 503 306
303 309 317 302 403 407 305
413 419 425 429 509 515 308
309 623 627 307 304
310
for church
314 !
5 FR-080 309
308 312 10"
8" 8" 8" 313
314
315 316
2 Services 316 804 808 812 816 820
304 310 316 322 404 408 412 420 426 432 Ductile Iron Pipe 510
8" 233' 321 712
718 322
504 322 for park lot 322
Unk. svc from 4th 8" 8"
8" 8" 8" !
5 HOME ST !
5
5 4TH ST
! !
5 !
5 !5 Unk. !
5 FR-090
!
5 402
401
403 711
2 Services for old school
406 409 8" 406
303 404 411 407
415 8"
425
8" 503 509 408 Unk. 717 721 725 729 803 809 815
309 311 409 823
412 429 411
421 410
414
411
5 Unk.
8" 361'
BULLIS ST
418 ! !
5 415
!
5 414 4TH ST
504 508 512
!
5
8" 603 424
421 8"
418 420
715
713
410 427
420 !
5 5 FR-100
! 428 8" !
5
502 501
6 Services for 4 Lots
80' PVC Repair
506 (Minor
8" 8" 8"
5TH ST 5 5TH ST
504
Sag @ Connections)
503 ! !
5 !
5
8"
8" 420' 509 510
507 620
509
!
5 512
513 520 513
Frequent Joint Fractures,
Heavy Roots, 513
Infiltration
517 8"
Deposits Throughout 526 517 711
8"
515
522 521
400 517
8" !
5 FR-110 80' PVC Repair
530(Severe 523
530
Sag @ Connections)
521 529
svc may be snaked across 533
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
529 544 544
529529
529
529 543 616
8"
svc from 6th
543
8" 8" 8"
8" !
5 5 6TH ST
! !
5 !
5 !
5
!
5 FR-120
8" 8" 549
600 603 603
SPRING ST
603 615 602
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604 606
324 322 623
603
605
606 607 609 608
608 612 609
607 612 !
5
608 8" 8" 8" 425'
TRAILER CT
609 615
304 610 615
308 609 618
610 622
611 621
612
615
8" Misaligned Segment into Minor Sag 621
!
5 5 8"
! 616 404 613 510 624 626
614 Manhole Structure 630 627
WASHINGTON ST
!
5
6" 6" 8"
!
5 !
5 629
701 !
5 !
5 7TH ST
8" FR-130
326
705 702
702 703 703
706
3 Services for 2 Lots
!
5 PVC Point 603 607 611 615 621 625
8" 706 707 Repair 629 705
706 707 8"
713 PVC Point Repair !
5
394'
710 713
8"
717 710 713 Segment Near Structural Failure Segment inaccessible due to
714 530
719
sags and protruding taps
Svc to Forest
!
5 717 608 612 616 622 626 8"
626 711
714 404
714
!
5
514 PVC Repair near MH
305' (Severe Sag @ Connection)
725 20' - 30' Near Structural Failure 8"
8TH ST !
5 !
5 8"
300
FR-140 !
5
X X X X
!
5 8S-010
8"
8" !
5
!
5 Line Does Not Exist 4" 601 605 611 615 627 804
Broken/Missing Pipe Segment 8"
8"
FORE ST S
@ Protruding Taps
Legend
Sanitary Pipe (By Material) Sanitary Forcemain
8"
I
!
8" T
602
Poor/Broken/Protruding
Services Throughout
602
8"
820
!
5 !
5 !
5 5 9TH ST
! !
5
PVC
!
5 Sanitary Manhole
8"
701 8"
SOUTHVIEW ESTATES 901
VCP
Ú
[ Sanitary Lift Station
603 603
Conditional
627 902
Pipe Rating 8"
CIP
Parcels Very Poor - Missing/Broken Pipe, Frequent/Heavy Infiltration
CIPP Lined
City Limits Moderately Poor - Structural Deficiencies, Frequent Roots & Infiltration
!
5
Unknown 8"
Slightly Poor - Few Structural Deficiencies,
!
5
Some Roots & Infiltration
0 200 Satisfactory (Clay) - 930
Very Few Visible Deficiencies, Joints may Infiltrate
Feet 8"
Source: City of Kenyon, Goodhue County Satisfactory (PVC) - Very Few Visible Deficiencies, Gasketted Joints
54
Appendix A
Sanitary System IMPROVEMENT OPTION: RECONST & LOWER MAINPearl Creek
PEARL CREEK Main
FIGURE 3
City of Kenyon, MN February 2022
AUGUST 2022
225 221 215
8"
"
309 1002 20
5 12
6'' CIP
313 305 !
5
317 12"
11 8
20
1 !
5 8" "
12 1002
0 E
15" Y6
HIGHWAY
WA 8" !
5 !
5
H
12"
!
5
302 HIG
205
308 306 304 15"
!
5 HIGHWAY 60 E
12" "
HIGHWAY 56
12" 12"!
5 56 5!
! 5 !
5
12"
12 6'' !
5
SKOGEN LN
!
5
8" 30
1
!
5 Unused Main
Disconnect 201
15"
12"
@
A
?60
!
5
!
5 8"
!
5
8" CIP 8"
"
307
305 12 303
in Hwy 60 Ditch 1001 5!
!5 8"
401 8" 1001
"
12
12"
8" 8"
!
5 8"
!
5 8" !
5
"
!
5 12
!
5
11
!
5 11
Trenchless Pipe
"
12
8" Installation Req'd
8" !
5 8"
!
5 8"
!
5 KENYON CEMETER
" Y
8" 12
!
5 RD !
5 !
5
12" !
5
!
5
LL
HI 8"
N
G RE 8" Restore Access
MO !
Abandon & Disconnect Unused Main
" 5
12
Through Wooded Areas
8"
8"
62 6
!
5
!
5 N
56
!
5
" HIG
12 HW
8"
AY 8" !
5
626 1
Reconstruct Manholes &
12" !
5
LANGFORD AVE
Raise Out of Floodplain
8" !
5 !
5
614 8" 2
10 10 8" !
5
!
5 !
5
!
5 8" 103
T
SS S
8" CRO
706 708 712
!
5
NORTH ST !
5
8" 8" 8"
!
5 MART ST !
5 8"
607 613 617 621 12 Lower Main to acheive 10'
8" Depth below Stream
SLEE
15
707 711 717 Trenchless Pipe
23
19 ST !
5 Installation Req'd
8"
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8" !
5
ER
702 706 714 !
5
WAT
10" 718 722 ST 8"
620
10"
309
5 FRONT ST !
5
19
PINE
621
!
110
10"
10" 10" 103Optional CIPP Lining
618
ST
!
5 !
5 !
5
626
8"
620
PC-070 !
5
621
111 116
620 619
108
8"
109 10" 115
625
!
5 1000
110 121
8" 264`
8"
623
!
5 !
5
115 114 123 8"
632
8" 119 118
624
!
5 5 1ST ST
! 129 !
5
!
5 PC-080
8"
631
123 128
625
624
!
5 1010
127 Optional CIPP Lining
132 1022
131
8" 1010
634
902 341` 1112 1114
1038
627 626
1028 1032
627
133 8" 1028 1102
!
5
138 1120
137
10"
628
1018 CI
704 714 720
635 636
704 730
8" 8" 8"
8" 8" 2ND ST X
W
V
G 12
!
5 !
5 !
5
8"
!
5
629
!
5 !
5 !
5 !
5 8"
635 638
PC-090
?
A
@
11
03 1111
56
8" RED WING AVE
MA
701 709 713 715 719
903 1049 N TO 11
637 631
11
RV
I
I
LL
634
Legend
!
HI
10" E
632
!
5 GH RD
642
213 214 223
WAY 215
!
5
Sanitary Pipe
218 (By Material) 8"
641
217 Sanitary218
Forcemain 223 Improvement Legend
210 56
633
PVC
26
S
222 2235
! Sanitary222
Manhole Reconstruct/Lower Gravity Sewer Main
8" VCP8" 226 !
5 5 LAWN ST
! 1131
Ú 1121
648
!
5 3RD ST !
5 227 [ Sanitary Lift Station 8" Reconstruct/Lower Gravity Sewer Main
645
1029
!
5 8" 302 (Trenchless Water Crossing)
CIP 301
303
631 304 Parcels 301
306 809 304
308 Lined
CIPP 305 Tree Clearing/Access Restoration
307 304
City Limits
648
309 310
653
312
Unknown Pearl Creek 10" Reconstruct Manhole
26 20
8" 313
637
314
Sewer Pipe Lining (Optional)
0 200 Steep Grade (Approx) 316 804 808 812 816 820 824 1221
653 650
712
Feet 322 321 718
322
Source: City of Kenyon, Goodhue
8" County 8" 8" Improvements illustrated in this figure are for conceptual selection of project scope only. If the City were to
!
5 HOME ST !
5Note:
!
5
411 402 8" move forward with this option, alternate routes for the replacement gravity main should be researched.
711 809 815 823 827 831 55
Appendix A
Sanitary System IMPROVEMENT OPTION: REROUTE MAIN
PEARL CREEK Pearl Creek Main
FIGURE 4
City of Kenyon, MN February 2022
AUGUST 2022
225 221 215
8"
"
309 1002 20
5 12
6'' CIP
313 305 !
5
317 12"
11 8
20
1 !
5 8" "
12 1002
0 E
15" Y6
HIGHWAY
WA 8" !
5 !
5
H
12"
!
5
302 HIG
205
308 306 304 15"
!
5 HIGHWAY 60 E
12" "
HIGHWAY 56
12" 12"!
5 56 5!
! 5 !
5
12"
12 6'' !
5
SKOGEN LN
!
5
8" 30
1
!
5 201
15"
12"
@
A
?60
!
5
!
5 8"
!
5
8" CIP 8"
"
307
305 12 303 1001 5!
!5 8"
401 8" 1001
"
12
12"
8" 8"
!
5 8"
!
5 8" !
5
"
Disconnect Mains in Hwy 60 Ditch !
5 12
!
5
11
!
5 11
"
12
8"
8" !
5 8"
!
5 8"
!
5 KENYON CEMETER
" Y
8" 12
!
5 RD !
5 !
5
12" !
5
!
5
LL
HI 8"
N
G RE 8"
" MO !5
12
8"
8"
62 6
!
5
!
5 N
56
!
5
" HIG
12 HW
8"
AY 8" !
5
626 1
12" !
5
LANGFORD AVE
8" !
5 !
5
614 8" 2
10 10 8" !
5
!
5 !
5
!
5 8" 103
T
SS S
8" CRO
New Lift Station Site
706 708 712 ew
!
5
NORTH ST
N
!
5 riv
e
8" 8" D
8" to
!
5 MART ST !
5 Lift
8"
607 613 617 621 12
8" atio
St
SLEE
15
n
707 711 717
23
19 ST !
5 Reroute Gravity
8" Mains & Services
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New 4" Forcemain
8" !
5
ER
702 706 714 !
5
WAT
10" 718 722 ST 8"
620
10"
309
5 FRONT ST !
5
19
PINE
621
!
110
10"
10" 10" 103Optional CIPP Lining
618
ST
!
5 !
5 !
5
626
8"
620
PC-070 !
5
621
111 116
620 619
108
8"
109 10" 115
625
!
5 1000
110 121
8" 264`
8"
623
!
5 !
5
115 114 123 8"
632
8" 119 118
624
!
5 5 1ST ST
! 129 !
5
!
5 PC-080
8"
631
123 128
625
624
!
5 1010
127 Optional CIPP Lining
132 1022
131
8" 1010
634
902 341` 1112 1114
1038
627 626
1028 1032
627
133 8" 1028 1102
!
5
138 1120
137
10"
628
Connect to Existing 1018 CI
704 714 720
635 636
10"704
Sanitary Sewer 730
8" 8" 8"
8" 8" 2ND ST V
W
G
X 12
!
5 !
5 !
5
8"
!
5
629
!
5 !
5 !
5 !
5 8"
635 638
PC-090
?
A
@
11
03 1111
56
8" RED WING AVE
MA
701 709 713 715 719
903 1049 N TO 11
637 631
11
RV
I
I
LL
634
Legend
!
HI
10" E
632
!
5 GH RD
642
213 214 223
WAY 215
!
5
Sanitary Pipe
218 (By Material) 8"
641
217 Sanitary218
Forcemain 223 Improvement Legend
210 56
633
PVC
26
S
222 2235
! Sanitary222
Manhole New Sewer Gravity Main/Service Pipe
8" VCP8" 226 !
5 5 LAWN ST
! 1131
Ú 1121
648
!
5 3RD ST !
5 227 [ Sanitary Lift Station 8" New Sewer Forcemain Pipe
645
1029
!
5 8" 302
CIP 301
303
631 304 Parcels 301 New Lift Station Site
306 809 304
308 Lined
CIPP 305
307 304
City Limits New Access Drive
648
309 310
653
312
Unknown Pearl Creek 10"
26 20
8" 313 Sewer Pipe Lining (Optional)
637
314
0 200 Steep Grade (Approx) 316 804 808 812 816 820 824 1221
Abandoned/Disconnected Pipe
653 650
712
Feet 322 321 718
322
Source: City of Kenyon, Goodhue
8" County 8"
!
5 !
5 HOME ST 5 8"
!
411 402 8" 711 809 815 823 827 831 56
Appendix A
Sanitary
FOREST STSystem
IMPROVEMENT OPTION: CIPP LINING FIGURE 5
City of Kenyon, MN February 2022
AUGUST 2022
!
5 !
5 !
5 !
5 !
5
?
A
@
!
5 !
5
8" 8" 8" 8"
60 !
5
!
5 8"
8" RED WING AVE
8" HI
701 709 713 715 719
635
303 309 315 401 401 419 223
635
425 433 503
503
523 529 605
613 621 621 GH
637
625 631
641
511 609 645
653
12"
653
WAY
!
5 FR-050 !
5 10"
56
SPRING ST
8" 213 214
LANGFORD AVE
S
216
?
A
@
8" 218 217 218 223
310 314 318 322 404 408 412 418 424 210
504
430
514 604 610 616 620 624 56
222
!
5 FR-060 222 223
12" 12" 8"
8" 8" 8" 226 !
5 5LAWN ST
!
5!
!5 !
5 3RD ST !
5 !
5 !
5 8"
227
FR-070 8" 302
!
5 303
631 304 301
521 8"
303 309 317 302 407
503 145' 305
306 809 304
403 413 419 425 429 509 515 308
309 623 627 307 304
314 !
5 FR-080 309 310
308 312 10"
8" 8" 8" 313
314
315 316 316 816 820
804 808 812
304 310 316 322 404 408 412 420 426 432 510
8" 233' 321 712
Ductile Iron Pipe Segment 718 322
504 322 322
No Lining Req'd 8"
Unk. 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
409 406
303 404 411 407
415 8"
425
8" 503 509 408 Unk. 717 721 725 729 803 809 815
309 311 409 823
412 429 411
421 410
414
411
5 Unk.
8" 361'
BULLIS ST
418 ! !
5 415
!
5 414 4TH ST
504 508 512
!
5
8" 603 424
421 8"
418 420
715
713
410 427
420 !
5 5 FR-100
! 428 8" !
5
502 501
506
8" 8" 8"
5TH ST 504 503 5 5TH ST
! !
5 !
5
8"
420' 507 620
CIPP Sewer Lining
8"
509 510
509
!
5 512
513 Point Repair to Correct
520 Severe Sag 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
529 544 544
529529
529
529 543 616
8" 543
8" 8" 8"
8" !
5 5 6TH ST
! !
5 !
5 !
5
!
5 FR-120
8" 8" 549
600 603 603
SPRING ST
603 615 602
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604 606
324 322 623
603
605
606 607 609 608
608 612 609
607 612 !
5
608 8" 8" 8" 425'
TRAILER CT
609 615
304 610 615
308 609 618
610 622
611 621
612
615
8" 621
!
5 5 8"
! 616 404 613 510
630 627Point Repair to624
Correct 626
Misaligned Pipe
614
WASHINGTON ST
!
5
6" 6" 8"
!
5 !
5 629
701 !
5 !
5 7TH ST
8" FR-130
326
705 702
702 703 703
706
!
5 603 607 611 615 621 625
706 707 629 705
706
8" 707 8"
713 !
5
394'
710 713
8"
710 713
Delay 8th Street for
717
714 530 Future Reconstruction
719
!
5 Point Repair to Replace Failed Pipe 717 608 612 616 622 626 8"
626 711
714 404
714
!
5
514
305'
725 8"
8TH ST !
5 !
5 8"
300
FR-140 !
5
!
5 8S-010
8"
8" !
5
!
5 4" 601 605 611 615 627 804
8"
8"
I FORE ST S
Legend
Sanitary Pipe (By Material) Sanitary Forcemain
! T
602 602 820
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 Improvement Legend
Parcels
CIPP Lined Manhole Rehabilitation/Lining
City Limits
!
5
Unknown 8"
Sewer Point Repar
!
5
0 200 930 Sewer Pipe Lining (Optional)
Feet 8"
Source: City of Kenyon, Goodhue County
57
Appendix B: Cost Estimates
58
Appendix B Pearl Creek - Lower Existing Main
PRELIMINARY ENGINEER'S ESTIMATE
PEARL CREEK SANITARY IMPROVEMENTS
CITY OF KENYON, MN
BMI PROJECT NO.: 0H1.126462
Updated: 8/10/2022
ITEM
NO. ITEM QTY UNIT UNIT PRICE TOTAL
PEARL CREEK: LOWER EXISTING MAIN
RECONSTRUCT SANITARY SEWER (PC-070 TO ZR-030)
1 MOBILIZATION 1 LS $150,000.00 $150,000.00
2 TRAFFIC CONTROL 1 LS $3,500.00 $3,500.00
3 TREE TRIMMING / CLEAR & GRUB 1.5 AC $20,000.00 $30,000.00
4 TOPSOIL PREPARATION 6600 CY $2.00 $13,200.00
5 PERIMETER BMP 3960 LF $4.00 $15,840.00
6 WATER CROSSING BMPS 6 EA $500.00 $3,000.00
7 SEED, FERTILIZE & MULCH/BLANKET 13200 SY $3.00 $39,600.00
8 STABILIZED CONTRUCTION EXIT/ENTRANCE 3 EA $1,500.00 $4,500.00
9 EROSION & SEDIMENT CONTROL 1 LS $15,000.00 $15,000.00
10 REMOVE SANITARY MANHOLE 9 EA $500.00 $4,500.00
11 REMOVE SANITARY PIPE 1980 LF $8.00 $15,840.00
12 DISCONNECT, BULKHEAD & ABANDON SANITARY MAIN & MANHOLE 1 LS $6,000.00 $6,000.00
13 DEWATERING 1 LS $120,000.00 $120,000.00
14 CONSTRUCT SANITARY MANHOLE DES 4007C 130 LF $800.00 $104,000.00
15 SANITARY DROP 38 LF $1,500.00 $57,000.00
16 SANITARY SEWER CASTING ASSEMBLY 10 EA $1,000.00 $10,000.00
17 CONNECT TO EXIST SANITARY 4 EA $1,500.00 $6,000.00
18 HORIZ DIRECTIONAL DRILL 8" PIPE (BELOW CREEK CROSSINGS) 300 LF $400.00 $120,000.00
19 8" SANITARY SEWER 1980 LF $100.00 $198,000.00
20 6" SANITARY SEWER 15 LF $50.00 $750.00
21 ROCK EXCAVATION 1270 CY $100.00 $127,000.00
SUBTOTAL: $1,043,730.00
OPTIONAL SEWER LINING (PC-090 TO PC-070)
22 8" CURED-IN-PLACE PIPE 605 LF $75.00 $45,375.00
23 LATERAL REINSTATEMENT 4 EA $500.00 $2,000.00
24 TRIMMING PROTUDING TAPS 2 EA $750.00 $1,500.00
25 LATERAL GROUTING 4 EA $2,500.00 $10,000.00
26 CCTV INSPECTION & CLEANING 605 LF $4.00 $2,420.00
27 ROOT CUTTING 605 LF $5.00 $3,025.00
28 SANITARY BYPASSING 1 LS $1,500.00 $1,500.00
29 REHAB EXISTING MANHOLE 2 EACH $5,000.00 $10,000.00
SUBTOTAL: $75,820.00
OPTIONAL SEWER LINING (PINE STREET)
30 PIPE POINT REPAIR 1 EA $3,000.00 $3,000.00
31 GRAVEL ROAD PATCH (POINT REPAIR) 1 EA $1,000.00 $1,000.00
32 8" CURED-IN-PLACE PIPE 430 LF $75.00 $32,250.00
33 LATERAL REINSTATEMENT 2 EA $500.00 $1,000.00
34 TRIMMING PROTUDING TAPS 3 EA $750.00 $2,250.00
35 LATERAL GROUTING 3 EA $2,500.00 $7,500.00
36 CCTV INSPECTION & CLEANING 430 LF $4.00 $1,720.00
37 ROOT CUTTING 430 LF $5.00 $2,150.00
38 SANITARY BYPASSING 1 LS $1,500.00 $1,500.00
39 REHAB EXISTING MANHOLE 1 EACH $5,000.00 $5,000.00
SUBTOTAL: $57,370.00
CONSTRUCTION SUBTOTAL: $1,176,920.00
CONSTRUCTION CONTINGENCIES: $235,400.00
CONSTRUCTION COST: $1,412,320.00
ESTIMATED ENGINEERING, ADMIN & LEGAL: $423,700.00
ESTIMATED EASEMENT ACQUISITION: $50,000.00
ESTIMATED PROJECT TOTAL (INCLUDING OPTIONAL WORK): $1,886,020.00
H:\KENYON_CI_MN\0H1126462\2_Preliminary\A_Calculations\PCE_Prelim Des Rpt.xlsx Page 1 of 2 59
Appendix B Pearl Creek - Reroute Main
PRELIMINARY ENGINEER'S ESTIMATE
PEARL CREEK SANITARY IMPROVEMENTS
CITY OF KENYON, MN
BMI PROJECT NO.: 0H1.126462
Updated: 8/10/2022
ITEM
NO. ITEM QTY UNIT UNIT PRICE TOTAL
PEARL CREEK: REROUTING PEARL CREEK MAIN
GRAVITY MAIN REROUTE, LIFT STATION & FORCEMAIN
1 MOBILIZATION 1 LS $80,000.00 $80,000.00
2 TRAFFIC CONTROL 1 LS $6,000.00 $6,000.00
3 EROSION CONTROL, REESTABLISH TURF 1 LS $30,000.00 $30,000.00
4 REMOVE SANITARY MANHOLE 2 EA $500.00 $1,000.00
5 REMOVE SANITARY PIPE 50 LF $8.00 $400.00
6 DISCONNECT, BULKHEAD & ABANDON SANITARY MAIN & MANHOLE 2 LS $6,000.00 $12,000.00
7 DEWATERING 1 LS $70,000.00 $70,000.00
8 CONSTRUCT SANITARY MANHOLE DES 4007C 37 LF $600.00 $22,200.00
9 AIR/VAC RELEASE MANHOLE & VALVE ASSEMBLY 1 EA $35,000.00 $35,000.00
10 SANITARY DROP 25 LF $1,500.00 $37,500.00
11 SANITARY SEWER CASTING ASSEMBLY 3 EA $1,000.00 $3,000.00
12 HORIZ DIRECTIONAL DRILL 8" PIPE (PC-070 TO LIFT STATION) 300 LF $400.00 $120,000.00
13 8" SANITARY SEWER 50 LF $100.00 $5,000.00
14 6" SANITARY FORCEMAIN 1670 LF $50.00 $83,500.00
15 CONNECT TO EXIST SANITARY 2 EA $1,500.00 $3,000.00
16 REROUTE SANITARY SERVICE 1 EA $30,000.00 $30,000.00
17 ROCK EXCAVATION 100 CY $100.00 $10,000.00
18 LIFT STATION & VALVE VAULT 1 LS $300,000.00 $300,000.00
19 ELECTRICAL 1 LS $50,000.00 $50,000.00
20 12' ACCESS FROM CROSS ST (GRADING) 650 CY $20.00 $13,000.00
21 12' ACCESS FROM CROSS ST (GRAVEL) 200 CY $45.00 $9,000.00
22 STREET PATCH FOR BORING PITS 3 EA $2,500.00 $7,500.00
SUBTOTAL: $928,100.00
LINING AND REHAB SANITARY SEWER (PC-090 TO PC-070)
23 8" CURED-IN-PLACE PIPE 605 LF $75.00 $45,375.00
24 LATERAL REINSTATEMENT 4 EA $500.00 $2,000.00
25 TRIMMING PROTUDING TAPS 2 EA $750.00 $1,500.00
26 LATERAL GROUTING 4 EA $2,500.00 $10,000.00
27 CCTV INSPECTION & CLEANING 605 LF $4.00 $2,420.00
28 ROOT CUTTING 605 LF $5.00 $3,025.00
29 SANITARY BYPASSING 1 LS $1,500.00 $1,500.00
30 REHAB EXISTING MANHOLE 2 EACH $5,000.00 $10,000.00
**MAY BE APPROPRIATE TO DELAY LINING IF FOREST STREET LINING IS NOT INCLUDED IN PROJECT SCOPE SUBTOTAL: $75,820.00
OPTIONAL SEWER LINING (PINE STREET)
31 PIPE POINT REPAIR 1 EA $3,000.00 $3,000.00
32 GRAVEL ROAD PATCH (POINT REPAIR) 1 EA $1,000.00 $1,000.00
33 8" CURED-IN-PLACE PIPE 430 LF $75.00 $32,250.00
34 LATERAL REINSTATEMENT 2 EA $500.00 $1,000.00
35 TRIMMING PROTUDING TAPS 3 EA $750.00 $2,250.00
36 LATERAL GROUTING 3 EA $2,500.00 $7,500.00
37 CCTV INSPECTION & CLEANING 430 LF $4.00 $1,720.00
38 ROOT CUTTING 430 LF $5.00 $2,150.00
39 SANITARY BYPASSING 1 LS $1,500.00 $1,500.00
40 REHAB EXISTING MANHOLE 1 EACH $5,000.00 $5,000.00
**MAY BE APPROPRIATE TO DELAY LINING IF FOREST STREET LINING IS NOT INCLUDED IN PROJECT SCOPE SUBTOTAL: $57,370.00
CONSTRUCTION SUBTOTAL: $1,061,290.00
CONSTRUCTION CONTINGENCIES: $159,200.00
CONSTRUCTION COST: $1,220,490.00
ESTIMATED ENGINEERING, ADMIN & LEGAL: $329,600.00
ESTIMATED EASEMENT ACQUISITION: $25,000.00
ESTIMATED PROJECT TOTAL (INCLUDING OPTIONAL WORK): $1,575,090.00
TOTAL PROJECT COST SUMMARY
PEARL CREEK: LOWER EXISTING MAIN $1.71 - 1.89 MILLION
PEARL CREEK: REROUTING PEARL CREEK MAIN $1.40 - 1.58 MILLION
H:\KENYON_CI_MN\0H1126462\2_Preliminary\A_Calculations\PCE_Prelim Des Rpt.xlsx Page 2 of 2 60
Appendix B Forest Street - Sewer Lining
PRELIMINARY ENGINEER'S ESTIMATE
FOREST ST SANITARY IMPROVEMENTS
CITY OF KENYON, MN
BMI PROJECT NO.: 0H1.126462
Updated: 8/10/2022
ITEM
NO. ITEM QTY UNIT UNIT PRICE TOTAL
FOREST ST: SANITARY CIPP LINING & MANHOLE REHAB
6TH STREET TO 3RD ST (FR-120 TO FR-070)
1 MOBILIZATION 1 LS $27,000.00 $27,000.00
2 TRAFFIC CONTROL 1 LS $3,500.00 $3,500.00
3 PIPE POINT REPAIR 3 EA $2,500.00 $7,500.00
4 STREET PATCH (POINT REPAIR) 3 EA $2,500.00 $7,500.00
5 8" CURED-IN-PLACE PIPE** 1285 LF $55.00 $70,675.00
6 8" CURED-IN-PLACE PIPE SHORT LINER (10') 1 EA $7,500.00 $7,500.00
7 LATERAL REINSTATEMENT 32 EA $500.00 $16,000.00
8 TRIMMING PROTUDING TAPS 4 EA $750.00 $3,000.00
9 LATERAL GROUTING 32 EA $1,500.00 $48,000.00
10 CCTV INSPECTION & CLEANING 1285 LF $4.00 $5,140.00
11 ROOT CUTTING 1285 LF $5.00 $6,425.00
12 SANITARY BYPASSING 1 LS $3,000.00 $3,000.00
13 REHAB EXISTING MANHOLE 5 EACH $5,000.00 $25,000.00
**NOTE: DUCTILE IRON SECTION BETWEEN FR-090 & FR-080 NOT INCLUDED SUBTOTAL: $230,240.00
CONSTRUCTION SUBTOTAL: $230,240.00
CONSTRUCTION CONTINGENCIES: $46,000.00
CONSTRUCTION COST: $276,240.00
ESTIMATED ENGINEERING, ADMIN & LEGAL: $69,100.00
ESTIMATED BASE PROJECT TOTAL: $345,340.00
FOREST ST: SANITARY CIPP LINING & MANHOLE REHAB
8TH STREET TO 6TH ST (FR-140 TO FR-120)
1 MOBILIZATION 1 LS $18,000.00 $18,000.00
2 TRAFFIC CONTROL 1 LS $2,000.00 $2,000.00
3 PIPE POINT REPAIR 2 EA $4,000.00 $8,000.00
4 STREET PATCH (POINT REPAIR) 2 EA $4,500.00 $9,000.00
5 8" CURED-IN-PLACE PIPE 819 LF $55.00 $45,045.00
6 LATERAL REINSTATEMENT 14 EA $500.00 $7,000.00
7 TRIMMING PROTUDING TAPS 2 EA $750.00 $1,500.00
8 LATERAL GROUTING 14 EA $1,500.00 $21,000.00
9 CCTV INSPECTION & CLEANING 819 LF $4.00 $3,276.00
10 ROOT CUTTING 819 LF $5.00 $4,095.00
11 SANITARY BYPASSING 1 LS $3,000.00 $3,000.00
12 REHAB EXISTING MANHOLE 5 EACH $5,000.00 $25,000.00
SUBTOTAL: $146,916.00
CONSTRUCTION SUBTOTAL: $146,916.00
CONSTRUCTION CONTINGENCIES: $29,400.00
CONSTRUCTION COST: $176,316.00
ESTIMATED ENGINEERING, ADMIN & LEGAL: $44,100.00
ESTIMATED BASE PROJECT TOTAL: $220,416.00
NOTE: 8TH STREET SEGMENT NOT RECOMMENDED FOR LINING, NOT INCLUDED IN COSTS
TOTAL PROJECT COST SUMMARY
6TH STREET TO 3RD ST (FR-120 TO FR-070) $345,340.00
8TH STREET TO 6TH ST (FR-140 TO FR-120) $220,416.00
TOTAL (BOTH SEGMENTS) $565,756.00
H:\KENYON_CI_MN\0H1126462\2_Preliminary\A_Calculations\PCE_Prelim Des Rpt.xlsx Page 1 of 1 61
Appendix C: Permitting, Easements & Special
Assessment Considerations
62
Appendix C: Permitting, Easements & Special Assessment Considerations
DNR:
The Minnesota Department of Natural Resources requires a license for utility crossings through public
waters. It is our understanding that the three sewer crossings below Pearl Creek are not licensed. These
crossings are not necessarily “grandfathered”; however, and new improvements to these lines will
require licensing and conformance with current requirements. The DNR currently requires new lines to
be 5-10 feet below water crossings. The licensing process can take 1-2 months and licensing fees are in
the range of $2,000 to $3,000 per crossing.
MPCA:
The Minnesota Pollution Control Agency requires that extensions of new pipe or increased capacity to
the sanitary sewer system requires a sewer extension permit. An extension permit is not currently
expected since this project only addresses existing mains; however, coordination with the MPCA on the
project scope will be required. If the MPCA requires a permit, time and budget impacts are minimal (1
month review and <$1,000 cost).
Floodplain/Work Near Water:
Given the close proximity of work to Pearl Creek, portions of the work may require permitting through
the DNR and US Army Corps of Engineers.
Right-of-way:
Any work within the state or county right-of-way will require a permit from Goodhue County or the
Minnesota Department of Transportation. Right-of-way permitting is anticipated for this project.
Easements:
The existing Pearl Creek Main is not located within an easement. Any new or improved sewers
associated with the project should be located within new or existing easement or right-of-way.
Easements should also contain vehicular access routes, if appropriate. If the City moves forward with the
project, it is recommended that the easement acquisition be initiated as soon as possible.
Special Assessments:
The city may consider assessing a portion of the project costs to benefitting property owners. The
assessment policy allows for assessing 100% of service line replacement costs. Within the Forest Street
project area, there is some minor work required to reinstate and grout a small portion of each private
service line in the project. This work would amount to costs (and individual assessments) of
approximately $1,500 per connection. This cost would result in an improvement to a small portion (1%-
3%) of the private service. Justifying this assessment may be an issue if challenged by a property owner.
In addition, the number of properties receiving an assessment will vary if the Forest Street work is
included as alternate work.
The Pearl Creek line requires only one service replacement, which is based on mainline re-routing,
rather than poor condition. Costs associated with the service may be $30,000 or more, which may be
difficult to justify.
For the reasons described above, the city may want to consider forgoing assessments for this project.
Page 1 of 1
63
AGENDA ITEM NO.
VII.E
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: August 15, 2022
SUBMITTED BY: Mark Vahlsing, Engineering
ITEM TYPE: Engineering
AGENDA SECTION: ENGINEERING
SUBJECT: Review possible revisions to the Infrastructure
Management/Capital Improvement Plan – Set date for work
session.
SUGGESTED ACTION: The City Engineer has been reviewing options and costs for a
Trondheim Road Extension. A work session is needed to review
possible options to revise the infrastructure management plan and
associated debt repayment plans to possibly include a Trondheim
extension. Mayor Henke would also like to discuss adding some
other streets to the plan. Staff was looking at a date sometime in
September.
ATTACHMENTS:
64
AGENDA ITEM NO. IX.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: August 15, 2022
SUBMITTED BY: Mark Vahlsing, Finance
ITEM TYPE: Financial
AGENDA SECTION: FINANCIAL
SUBJECT: Financial
SUGGESTED ACTION:
July 2022 Treasurer’s Report
Payment of Claims
ATTACHMENTS:
65
AGENDA ITEM NO. X.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: August 15, 2022
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: Old Business
AGENDA SECTION: OLD BUSINESS
SUBJECT:
MetroNet Utility Cabinet Easement – Fire Hall property
SUGGESTED ACTION: Metronet is seeking Council approval to locate a utility cabinet on the
Fire Hall property. Attached is more information of the cabinet, and
an easement describing the area where the cabinet would be located.
Further information is attached below.
Motion Needed
ATTACHMENTS:
City of Kenyon_Foldcraft Addition_Imagery overview map.pdf
2-bay cabinet_front view.jpg
Generic 2bay cabinet layout drawing.pdf
MFN-City of Kenyon-Cabinent Easement-072722.docx
66
City of Kenyon FD property_Fiber cabinet location
GIS boundary
Power service to line is off.
fiber cabinet MNDOT ROW
location looks like it ends
at the power line
12' X 25' utility
easement area
for fiber cabinet
on City of Kenyon
property
May 26, 2022 1:960
0 0.01 0.02 0.04 mi
Public Land Survey CSAHP; CRP PIN
0 0.02 0.04 0.07 km
Municipal Boundary SHWY Full Name
Goodhue County Roads House Number Parcels
CEM; ; OCTY; OCRLN; CTRLN
ArcGIS WebApp Builder
67
68
CABINET MOUNTING DETAIL
21'-9" 3701 COMMUNICATIONS WAY
EVANSVILLE, IN 47715
812-213-1095
THIS PRINT AND DESIGN ARE THE SOLE PROP
TECHNOLOGIES LLC. AND SHALL BE CONSIDER
6 8
PRINT MAY NOT BE REPRODUCED IN ANY WAY
CONSENT OF METRONET TECHNOLOGIES LLC.,
UPON REQUEST.
18" 7
24" 30" 36" 36" 30" 24"
8'-6"
DESIGN ENG: LWW
DRAWN BY: ACB
MetroNet
4 MetroNet
REVIEWED BY: LWW
SUBMITTALS
3
DATE DESCRIPTION REV
7/29/21 PERMITTING A
1 8/11/21 PERMITTING B
2 2/15/22 PERMITTING C
DP
.25
H
E
6" 6" 4-1.2
5 HD
4-1
PE
5 5
18"
4-1.25 4-1.25 HDPE 4-1.25 HDPE 4-1.25 HDPE 4-1.25 HDPE 4-1.25 HDPE 4-1.25 HDPE
PE HDPE
4-1.25 HDPE 4-1.25 HDPE 4-1.25 HDPE 4-1.25 HDPE HD
.25
4-1
30"
9 PE
DETAIL NOTES:
R M
IT
TI
1.
2.
30"WX48"LX30"D Handhole
Cabinet Concrete Pad 11'-9"'L x 5'-6"W
NG
3. Cabinet Footprint 121"L x 42"W
4. 4" SCH 40 PVC Conduit
5. 4 Ea. 1 1/4" HDPE Duct INSTALLATION NOTE:
6. Meter Pedestal (ELECTRICAL) DRILL AND INSTALL WEDGE ANCHORS SCALE:
NTS
7. 2" SCH 40 PVC Elect. Conduit-UL Listed DURING PLACEMENT OF THE CABINET
SITE ADDRESS:
8. Ground Field Extents ONTO THE PAD TO INSURE
97 N 3RD ST
9. 5" ID DIA x 7'L Steel Pipe Bollard, Concrete PLACEMENT ACCURACY.
SITE NAME:
Filled. (As Required, Site Specific)
EAGLE LAKE CABINET
SHEET NAME:
CABINET DETAILS
CONCRETE FASTENING TYPICAL SHEET NUMBER:
1/2" STAINLESS STEEL DROP IN
ANCHOR - 1/2" NUT & FLAT WASHER
3
69
BOLLARDS - OPTIONAL AS SITE DICTATES
3701 COMMUNICATIONS WAY
PIPE BOLLARD SPECIFICATIONS: EVANSVILLE, IN 47715
CARBON STEEL PIPE SHALL BE 5"ID DIA X 7'L, CONFORMING TO SCHEDULE 812-213-1095
40 ASTM A 53 GRADES A AND B. THIS PRINT AND DESIGN ARE THE SOLE PROP
TECHNOLOGIES LLC. AND SHALL BE CONSIDER
1. PIPE SHALL BE FILLED WITH A MIN 3,000 PSI CONCRETE. A DOMED CAP PRINT MAY NOT BE REPRODUCED IN ANY WAY
CONSENT OF METRONET TECHNOLOGIES LLC.,
1"HIGH SHALL BE HAND FORMED TO PROVIDE WATER RUNOFF. UPON REQUEST.
2. CONCRETE FOOTER SHALL BE A MIN 3,000 PSI CONCRETE, 3'D X 15"
DIA.
3. PIPE SHALL BE PROVIDED FACTORY PAINTED WITH RUST INHIBITOR
PRIMER FINISH. THE FINAL FINISH SHALL BE PAINTED YELLOW.
GENERAL NOTE:
DESIGN ENG: LWW
A.) A FINAL INSPECTION OF THE SITE CONFIRMING THE SITE IS RESTORED
DRAWN BY:
AND CLEANED UP SHALL BE COMPLETED BY THE PROJECT MANAGER ACB
PRIOR TO FINAL METRONET ACCEPTANCE OF THE WORK. REVIEWED BY: LWW
SUBMITTALS
DATE DESCRIPTION REV
7/29/21 PERMITTING A
8/11/21 PERMITTING B
2-BAY CABINET PROFILE
2/15/22 PERMITTING C
FRONT
4'-11"
POWER
200 AMP 120 / 240 1 PH PTLC
W/30 BREAKER SPACES
UTILITY METER POWER NETWORK
FIBER OPTIC BAY & FTP
BAY 5'-3"
CABLE WARNING
POST WITH TEST
STATION 4'-1" PROTRUDE
PE
10.125" CONDUIT 4"
PAD 8" REVEAL
℄ ABOVE PAD NO 6 INSULATED
ABOVE FINAL
RM
GRADE CU LOCATE WIRE
NO 6 INSULATED CORE DRILL 12 1/2"
6'-4"
CU LOCATE WIRE HANDHOLES 4-1/2" ℄ ℄ ℄ 12" STRUCTURAL FILL
O.D,, FIT TIGHTLY, ROCK CLASS 53 WITH
SEAL JOINT AS DUST COMPACTED =>
IT
TI
REQUIRED. 95%
2" SCH
40 PVC PIPE
HANDHOLE
NG
HANDHOLE 30"W X
30"W X 27" 48L"X 30"D
48L"X 30"D 32 3/8"
4" SCH 40 PVC 4" SCH 40 PVC
SCALE:
NTS
10 13/16" 10 13/16"
SITE ADDRESS:
97 N 3RD ST
SITE NAME:
EAGLE LAKE CABINET
SHEET NAME:
CABINET DETAILS
SHEET NUMBER:
4
70
COMMUNICATIONS EASEMENT
Grant of Easement by: City of Kenyon, whose address is 709 Second Street, Kenyon, Minnesota, 55946and
(“Grantor”) to: Metro Fibernet, LLC, whose address is 8837 Bond Avenue, Overland Park, Kansas 66214
(“Grantee”).
For the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, Grantor grants to Grantee, subject to the terms stated below, two
easements (“Easements”) to construct, operate, maintain, expand, replace and remove a communication
system consisting of, but not limited to, a cabinet, underground cables, wires, conduits, manholes,
handholes, drains, splicing boxes, surface location markers and other facilities or strictures for similar uses,
upon, over, through, under, and along a parcel of land as described and depicted on the Utility Easement
Exhibit (“Easement Tract”), which is located on a portion of the real property owned by Grantor with an
address of 620 Centennial Drive, Kenyon, MN. This grant of Easement also includes: (1) the right of
ingress and egress over and across any real property owned or controlled by Grantor adjacent to the
Easement Tract for the purpose of exercising the rights granted herein; (2) the right to clear and keep cleared
all trees, roots, brush and other obstructions from the surface and sub-surface of the Easement Tract during
construction and maintenance and to use adjacent areas as necessary, and the right to connect to the
electrical power source located on or near the Easement.
Grantee may, without notice or consent, assign Grantee’s rights in this Easement to: (1) an affiliate or
parent company; (2) a successor in interest that purchases all or substantially all of Grantee’s assets or
equity; or (3) any entity into which Grantee merges or consolidates.
Should Grantee ever abandon the Easement, then all property rights related to the Easement shall
automatically revert to the Grantor.
Grantor will have the right to use and enjoy that portion of the Easement Tract dedicated to the Easement
so long as Grantor’s use does not interfere with the rights conveyed to Grantee herein. Grantor will not
erect any structure, or plant trees or other vegetation within that portion of the Easement Tract dedicated to
the Easement.
The Easement shall run with the Easement Tract and be binding on and inure to the benefit of the parties to
this agreement, their heirs, successors, and assigns.
71
Executed by Grantor this ____ day of ___________, 2022.
Grantor:
City of Kenyon
Name: Mark Vahlsing
Title: City Administrator
Signature:_______________________________
ACKNOWLEDGEMENT
STATE OF Minnesota )
)
COUNTY OF Goodhue )
On this ___ day of ________________, 2022, personally appeared Mark Vahlsing, known to me to be the
identical person who executed this foregoing instrument as an authorized representative on behalf of City
of Kenyon and acknowledged to me that he/she executed the same voluntarily for the uses and purposes
therein set forth.
__________________________________
Notary Public
Executed by Grantor this ____ day of ___________, 2022.
PREPARED BY AND WHEN RECORDED RETURN TO:
John Campbell
Metro Fibernet, LLC
8837 Bond Street
Overland Park, KS 66214
72
Utility Easement Exhibit
Description of the Easements:
A 12-foot-wide permanent Easement over, under and across that part of the Easement Tract
described below commencing at the northeasterly corner of Lot 2, Block 1, FOLDCRAFT
ADDITION; thence North 31 degrees 04 minutes 30 seconds West, (assumed bearing) along the
northeasterly line of said plat, a distance of 48.68 feet; thence continuing northwesterly along said
northeasterly line a distance of 25.82 feet being a tangential curve concave to the northeast having
a central angle of 00 degrees 41 minutes 07 seconds and a radius of 2158.48 feet to the most easterly
corner of Lot 2, Block 2, said plat and the point of beginning of the easterly line of said permanent
easement and Line A; thence continuing northwesterly along said tangential curve a distance of
24.99 feet and said Line A there terminating.
The Easement contains 300 square feet more or less.
Together with a 5-foot-wide permanent easement for power service to the above-described utility
easement under and across that part of the above-described parcel, the easterly line of said power service
and Line B is described as; beginning at the termination of said line A; thence continuing northwesterly
along said tangential curve a distance of 90.00 feet and said Line B there terminating.
Said power service easement contains 450 square feet more or less.
The Easement contains approximately 288 square feet.
Description of the Easement Tract:
That part of Lot 2, Block 2, FOLDCRAFT ADDITION, according to the recorded plat thereof, City of
Kenyon, Goodhue County, Minnesota, lying easterly of the following described line:
Commencing at the northwest corner of said Lot 2, Block 2; thence South 89 degrees 58 minutes 07
seconds East (assumed bearing) along the north line of said Lot 2, block 2, a distance of 31.57 feet;
thence easterly 458.37 feet along said north line of Lot 2, Block 2, a tangential curve concave to the
north having a central angle of 02 degrees10 minutes 21 seconds and a radius of 12,088.65 feet, to the
point of beginning of the line to be described; thence South 00 degrees 20 minutes 48 seconds East
484.78 feet to the south line of said Lot 2, Block 2, said line there terminating.
The Easement is generally depicted on the illustration below.
73
Utility Easement Exhibit
Illustration of the Easement
74
AGENDA ITEM NO. X.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: August 15, 2022
SUBMITTED BY: Mark Vahlsing, Police
ITEM TYPE: Old Business
AGENDA SECTION: OLD BUSINESS
SUBJECT:
Update on 2022 Ford Explorer Accident Repair/Replacement
SUGGESTED ACTION: Officer Taylor was involved in an accident with the 2022 Ford SUV
squad on July 27, 2022. He was not injured. The squad was heavily
damaged but not totaled. We are currently waiting on a timetable for
repairs. A few of the needed parts are on backorder. I hope to have
further information at the Council meeting.
ATTACHMENTS:
75
AGENDA ITEM NO. X.C
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: August 15, 2022
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: Old Business
AGENDA SECTION: OLD BUSINESS
SUBJECT: Fire Relief Association - State Gambling Bingo Application
Resolution
SUGGESTED ACTION: Resolution 2022-14: Approving the Application for Lawful
Gambling of Kenyon Firemen’s Relief Association
This is a revised resolution to allow the Kenyon Fire Relief
Association bingo at the Muni.
MOTION NEEDED
ATTACHMENTS:
Resolution 2022-14 Approving the Application for Lawful Gambling of Kenyon Firemen's Relief
Assocation.doc
76
RESOLUTION 2022-14
CITY OF KENYON
COUNTY OF GOODHUE
STATE OF MINNESOTA
A RESOLUTION APPROVING THE APPLICATION
FOR LAWFUL GAMBLING OF KENYON FIREMEN’S RELIEF ASSOCIATION
WHEREAS, Kenyon Firemen’s Relief Association desires to continue lawful gambling
operations; and
WHEREAS, there is a requirement that the local unit government must pass a resolution
specifically approving or denying the gambling license application; and
WHEREAS, the Kenyon City Council acknowledges that Kenyon Firemen’s Relief
Association is applying for a premise permit for BINGO ONLY within the City limits.
NOW THEREFORE, BE IT RESOLVED, that the City of Kenyon hereby approves the
application of Kenyon Firemen’s Relief Association to conduct lawful gambling at “Kenyon
Municipal Liquor Store”.
Adopted by the City Council on this 12th day of April 2022.
Douglas Henke
Mayor
ATTEST:
Mark Vahlsing
City Administrator
77
AGENDA ITEM NO. XI.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: August 15, 2022
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Set Council Work Session to Review 2023 Draft Budget.
MOTION NEEDED
SUGGESTED ACTION:
I would like to schedule a City Council work session sometime the
week of 9/5. The main purpose for the work session will be to
review the draft 2023 budget. The Department heads will also attend
the work session.
Motion Needed
ATTACHMENTS:
78
AGENDA ITEM NO. XI.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: August 15, 2022
SUBMITTED BY: Mark Vahlsing, Public Works
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Discussion on future of Depot Park Shelter
SUGGESTED ACTION: Public Works Superintendent Wayne Ehrich, and the Park Board
have discussed needed improvements to the Depot Park Shelter. In
the short term the current shelter building could use update to areas
including flooring bathrooms and windows and other items. They
have also discussed the concept of constructing a new shelter
building n Depot Park. This is being discussed as a possible future
item. Before going further with the concept, it needs to be discussed
by the Council. Attached are some concepts of a new shelter
building. The existing depot shelter could also be renovated. There
are no cost estimates at this time.
ATTACHMENTS:
DOC081022-001.pdf
79
80
81
82
83
AGENDA ITEM NO. XI.C
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: August 15, 2022
SUBMITTED BY: Mark Vahlsing, Public Works
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Discuss possible changes to City Brush Dump – Wayne Ehrich-
Public Works Superintendent.
SUGGESTED ACTION: Wayne Ehrich would like to discuss possible changes to the City
Brush dump. Specifically, he would like to discuss restricting the use
of the brush dump
to residents of the City. There has been a heavy amount of use of the
brush dump from non-residents. This creates more brush that City
workers have to dispose. Any changes to the brush dump would
require Council approval.
MOTION MAY BE NEEDED
ATTACHMENTS:
84
AGENDA ITEM NO. XI.D
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: August 15, 2022
SUBMITTED BY: Mark Vahlsing, Public Works
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Purchase of 2016 Peterbilt Plow dump truck
1. Approve Purchase
SUGGESTED ACTION: Approve Purchase. Public Works Superintendent Ehrich is seeking
final approval to purchase a 2016 Peterbilt 567. It came from a farm
operation in Farmington. More information on the truck is attached.
It originally was purchased in Louisiana. It was used there prior to
coming to Minnesota several years ago. The body and box are in
excellent condition. The purchase price based on the final auction is
$154,000. The estimated value of the truck was $170,000. The
purchase is proposed to be financed through a lease. The purchase
needs final Council approval.
MOTION NEEDED
ATTACHMENTS:
2016 Peterbilt dump truck.pdf
2016 Plow truck invoice 7-22.pdf
85
86
87
88
Main-West Equipment
7206 27th St S
Fargo, ND 58104 US
701-373-5520
landon@mainwestinc.com
www.mainwestequipment.com
INVOICE
BILL TO SHIP TO INVOICE 1479
City of Kenyon City of Kenyon DATE 07/27/2022
709 2nd St 709 2nd St TERMS Due on receipt
Kenyon, Minnesota 55946 Kenyon, Minnesota 55946 DUE DATE 07/27/2022
United States United States
DATE DESCRIPTION QTY AMOUNT
Lot 2582 2016 1 140,100.00
PETERBILT 567
Serial Number/VIN:
1NPCL7TX6GD38
7607
Buyers Premium 1 14,010.00
For invoice and payment questions please contact Main-West SUBTOTAL 154,110.00
Equipment.
TAX 0.00
Wiring Instructions:
TOTAL 154,110.00
First Western Bank & Trust
900 South Broadway BALANCE DUE $154,110.00
Minot ND, 58701
(701)-852-3711
Main-West Inc.
Routing number: 091310440
Account Number: 220005168
Upon full payment this paid invoice acts as a bill of sale.
Page 1 of 1 89
AGENDA ITEM NO. XI.E
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: August 15, 2022
SUBMITTED BY: Mark Vahlsing, Finance
ITEM TYPE: Financial
AGENDA SECTION: NEW BUSINESS
SUBJECT: Purchase of 2016 Peterbilt Plow dump truck
2. Resolution 2022-18 Approve Lease Financing 2016 Peterbilt
Dump Truck
SUGGESTED ACTION: Resolution approving lease financing through Kinetic Leasing. The
proposed lease term is 6 years. The interest rate is 3.76%. The
annual payment is $28,000 Further information is attached below.
MOTION NEEDED
ATTACHMENTS:
Resolution 2022-18 Lease Purchase 2016 Peterbilt dumptruckKintecticLeasing.docx
2016 Plow truck lease.pdf 8-22.pdf
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RESOLUTION NO. 2022-18
RESOLUTION RELATING TO LEASE WITH OPTION TO PURCHASE
AGREEMENT No. CIT6528-107
NOW, THEREFORE, BE IT RESOLVED by the City Council of Kenyon (the Issuer),
Minnesota as follows:
Section 1. Recitals and Authorization. The Issuer, as lessee, has heretofore entered into a Lease
with Option to Purchase Agreement #CIT6528-107 dated as of August 15, 2022 (the Lease),
with Kinetic Leasing, Inc., as lessor. It is hereby determined that it is necessary and desirable and
in the best interests of the Issuer to enter into the Lease for the purposes therein specified, and
the execution and delivery of the Lease by the Issuer are hereby approved, ratified and
confirmed.
Section 2. Designation as Qualified Tax-Exempt Obligation. Pursuant to Section 265(b)(3)(B)(ii)
of the Internal Revenue Code of 1986 (the Code), the Issuer hereby specifically designates the
Lease as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code. In
compliance with Section 265(b)(3)(D) of the Code, the Issuer hereby represents that the Issuer
will not designate more than $10,000,000 of obligations issued by the Issuer in the calendar year
during which the Lease is executed and delivered as such "qualified tax-exempt obligations."
Section 3. Issuance Limitation. In compliance with the requirements of Section 265(b)(3)(C) of
the Code, the Issuer hereby represents that the Issuer (including all "subordinate entities" of the
Issuer within the meaning of Section 265(b)(3)(E) of the Code) reasonably anticipates not to
issue in the calendar year during which the Lease is executed and delivered, obligations bearing
interest exempt from federal income taxation under Section 103 of the Code (other than "private
activity bonds" as defined in Section 141 of the Code) in an amount greater than $10,000,000.
Adopted by the Kenyon City Council (Lessee) this 15th day of August,15, 2022.
___________________________
Douglas Henke, Mayor
ATTEST:
____________________________________
Mark R. Vahlsing, City Administrator
91
0 www.kinetic/ease.com
k1net1c LEASING
PHONE
FAX
701.476.0221
800.558.7337
701.476.0277
2575 41st Street South
Suite 1 PO Box 9785
Fargo, ND 58106-9785
August 11, 2022
City of Kenyon, Minnesota
Attn: Mark Vahlsing
709 2nd Street
Kenyon, MN 55946
RE: Lease with Option to Purchase Agreement on the 2016 Peterbilt 567
Dear Mr. Vahlsing:
Please find enclosed the following documentation for the financing of the equipment referenced above:
• Invoice for the documentation fee and the first payment
• Please send a check in the amount of $29,200.00 with the documents. This payment will be
applied to invoice #273683. The next payment will be due September 1, 2023.
• Lease with Option to Purchase Agreement No. CIT6528-107
• Exhibit A - Equipment Description
• Exhibit B - Rental Payments
• Exhibit C - Certificate of Acceptance
• Exhibit D - Resolution
• Certificate of Incumbency
• Insurance Coverage Information - Please fill in the name and address of your insurance agent
where indicated. It is important that you request a certificate of insurance be forwarded to our
office just as soon as possible.
• 8038-G - We will take care of filing this form with the IRS. Please sign originals where
indicated in blue ink.
Please sign all documents where indicated and send to my attention along with your check in the
amount of $29,200.00. Upon receipt of these signed documents Kinetic Leasing, Inc. will be able to pay
the appropriate vendor(s} in a prompt manner.
I can be reached at 800-558-7337, if you have any questions pertaining to the documentation.
Sincerely,
Equipment Financing Specialist
:::::======================================================================:::: Moving Businesses Forward ----
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INVOICE
0 Page No. 1
273683
INVOICE NO.
k1net1c LEASING
2575 41st St. S. Ste. 1
PO Box 9785
Fargo, ND 58106-9785
Customer # KENY
INVOICE DATE DUE DATE
800.558.7337
8/11/22 9/01/22
INVOICE TO: REMIT TO:
City of Kenyon, Minnesota Kinetic Leasing, Inc.
709 2nd Street P.O. Box 9785
Kenyon MN 55946 Fargo, ND 58106
AGREEMENT# DESCRIPTION FROM THROUGH A MOUNT
Lease # CIT6528-107 2016 Peterbilt 567
Lease Payment 9/01/22 8/31/23 28,750.00
Documentation Fee 9/01/22 9/30/22 350.00
Doc Fee - Title 9/01/22 9/30/22 100.00
PLEASE RETURN DUPLICATE WITH PAYMENT.
TERMS: NET CASH ON DUE DATE
PURSUANT TO AGREEMENT, LATE CHARGES MAY APPLY FOR PAYMENTS NOT PAID WHEN DUE. Invoice Subtotal 29,200.00
PLEASE REFER TO OUR INVOICE NO. ON YOUR REMITTANCE.
Sales Tax .00
PAY THIS AMOUNT 29,200.00
93
LEASE WITH OPTION TO PURCHASE AGREEMENT No. CIT6528-107
Between
KINETIC LEASING, INC.
As Lessor
and
CITY OF KENYON, MINNESOTA
As Lessee
Dated as of the 15th day of August, 2022
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94
THIS LEASE WITH OPTION TO PURCHASE AGREEMENT dated as of this 15th day of August 2022 ("Lease"),
by and between KINETIC LEASING, INC., a corporation duly organized and existing under the laws of the state of
North Dakota as lessor ("Lessor") whose address is 2575 41st St. S., Ste. 1, Fargo, North Dakota 58104; and City of
Kenyon, Minnesota a political subdivision of the state of Minnesota as lessee ("Lessee"), whose address is 709 2nd
Street, Kenyon, MN 55946;
WITNESSETH:
WHEREAS, Lessee is authorized by law to acquire such items of personal property as are needed to carry
out its governmental functions, and to acquire such personal property by entering into lease with option to
purchase agreements; and
WHEREAS, Lessee has determined that it is necessary for it to acquire under this Lease certain items of
personal property described herein as Equipment; and
WHEREAS, Lessor is willing to acquire such items of Equipment and to lease them to Lessee pursuant to
this Lease;
NOW THEREFORE, in the joint and mutual exercise of their powers, and in consideration of the mutual
covenants herein contained, the parties hereto recite and agree as follows:
ARTICLE I
DEFINITIONS AND EXHIBITS
Section 1.1. Definitions. Unless the context otherwise requires, the terms defined in this Section shall, for
all purposes of this Lease, have the meanings herein specified.
Contractor: Each of the manufacturers or vendors from whom Lessee (or Lessor at Lessee's request) has
ordered or will order or with whom Lessee (or Lessor at Lessee's request) has contracted or will contract for the
manufacture, delivery and/or installation of the Equipment.
Equipment: The personal property described in the attached Exhibit A which is being leased with option
to purchase by Lessee pursuant to this Lease.
Fiscal Year: The twelve month fiscal period of Lessee which commences on January 1 in every year and
ends on the following December 31.
Independent Counsel: An attorney duly admitted to the practice of law before the highest court of the
State who is not a full-time employee of Lessor or Lessee.
Interest: The portion of any Rental Payment designated as and comprising interest as shown in the
attached Exhibit B.
Net Proceeds: Any insurance proceeds or condemnation award, paid with respect to the Equipment,
remaining after payment there from of all expenses incurred in the collection thereof.
Non-appropriation: The failure of City of Kenyon, Minnesota to appropriate money for any Fiscal Year of
Lessee sufficient for the continued performance of this Lease by Lessee, as evidenced by the passage of an
ordinance or resolution specifically prohibiting Lessee from performing its obligations under this Lease, and from
using any moneys to pay the Rental Payments due under this Lease for a designated Fiscal Year and all subsequent
Fiscal Years.
Payment Date: The date upon which any Rental Payment is due and payable as provided in Exhibit B.
Permitted Encumbrances: As of any particular time: (i) liens for taxes and assessments not then
delinquent, or which Lessee may, pursuant to the provisions of Section 7.3 hereof, permit to remain unpaid, (ii)
this Lease and amendments hereto, (iii) Lessor's interest in the Equipment, and (iv) any mechanic's, laborer's,
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95
materialmen's, supplier's or vendor's lien or right not filed or perfected in the manner prescribed by law, other
than any lien arising through a Contractor or which Lessee may, pursuant to Article VIII hereof, permit to remain
unpaid.
Principal: The portion of any Rental Payment designated as principal in the attached Exhibit B.
Purchase Option Price: With respect to the Equipment, as of the Payment Dates specified in the attached
Exhibit B, the amount so designated and set forth opposite each such date in the attached Exhibit B.
Rental Payment: The payment due from Lessee to Lessor on each Payment Date during the Term of this
Lease, as shown on Exhibit B.
Specifications: The bid specifications and/or purchase order pursuant to which Lessee has ordered the
Equipment from a Contractor.
State: The State of Minnesota.
State and Federal Law or Laws: The Constitution and any law of the State and any charter, ordinance, rule
or regulation of any agency or political subdivision of the State; and any law of the United States, and any rule or
regulation of any federal agency.
Term of this Lease or Lease Term: The period during which this Lease is in effect as specified in Section
4.1.
Section 1.2. Exhibits.
The following Exhibits are attached to and by reference made a part of this Lease:
Exhibit A: A description of the Equipment being leased by Lessee pursuant to this Lease, including the
serial number thereof which shall be inserted when available.
Exhibit B: A schedule indicating the date and amount of each Rental Payment coming due during the
Lease Term, the amount of each Rental Payment comprising Principal and Interest, and the price at which Lessee
may exercise its option to purchase Lessor's interest in the Equipment in accordance with Article X. The due date
of each Rental Payment shall be inserted on Exhibit B by Lessor when available.
Exhibit C: A Certificate of Acceptance of Lessee indicating that the Equipment has been delivered and
installed in accordance with the Specifications, and has been accepted by Lessee, the date on which Rental
Payments shown in Exhibit B shall commence, and that certain other requirements have been met by Lessee.
Exhibit D: A form of resolution of the governing body of Lessee relating to the Lease and certain federal
tax matters.
ARTICLE II
REPRESENTATIONS, COVENANTS AND WARRANTIES
Section 2.1. Representations, Covenants and Warranties of Lessee. Lessee represents, covenants and
warrants as follows:
(a) Lessee is a political subdivision of the State, duly organized and existing under the
Constitution and laws of the State.
(b) Lessee is authorized under the Constitution and laws of the State to enter into this Lease and
the transactions contemplated hereby, and to perform all of its obligations hereunder.
(c) The officer of Lessee executing this Lease has been duly authorized to execute and deliver
this Lease under the terms and provisions of a resolution of Lessee's governing body, or by other
appropriate official action.
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96
(d) In authorizing and executing this Lease, Lessee has complied with all public bidding and other
State and Federal Laws applicable to this Lease and the acquisition of the Equipment by Lessee.
(e) Lessee will not pledge, mortgage or assign this Lease, or its duties and obligations hereunder
to any other person, firm or corporation except as provided under the terms of this Lease.
(f) Lessee will use the Equipment during the Lease Term only to perform the essential
governmental functions needed by City of Kenyon, Minnesota.
(g) Lessee will take no action that would cause the Interest portion of the Rental Payments to
become includible in gross income of the recipient for federal income tax purposes under the
Internal Revenue Code of 1986 (the Code) and Treasury Regulations promulgated thereunder
(the Regulations), and Lessee will take and will cause its officers, employees and agents to take
all affirmative actions legally within its power necessary to ensure that the Interest portion of the
Rental Payments does not become includible in gross income of the recipient for federal income
tax purposes under the Code and Regulations.
(h) Upon delivery and installation of the Equipment, Lessee will provide to Lessor a completed
and executed copy of the Certificate of Acceptance attached hereto as Exhibit C.
(i) Lessee will submit to the Secretary of the Treasury an information reporting statement at the
time and in the form required by the Code and the Regulations.
(j) Lessee will cause a resolution substantially in the form attached hereto as Exhibit D to be
adopted by its governing body.
Section 2.2. Representations, Covenants and Warranties of Lessor. Lessor represents, covenants and
warrants as follows:
(a) Lessor is a corporation duly organized, existing and in good standing under and by virtue of
the laws of the state of Minnesota, and is duly qualified and in good standing as a foreign
corporation authorized to transact business in the State; has power to enter into this Lease; is
possessed of full power to own and hold real and personal property, and to lease the same; and
has duly authorized the execution and delivery of this Lease.
(b) Neither the execution and delivery of this Lease, nor the fulfillment of or compliance with the
terms and conditions thereof, nor the consummation of the transactions contemplated thereby,
conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any
agreement or instrument to which Lessor is now a party or by which Lessor is bound, constitutes
a default under any of the foregoing, or results in the creation or imposition of any lien, charge or
encumbrance whatsoever upon any of the property or assets of Lessor, or upon the Equipment
except Permitted Encumbrances.
ARTICLE Ill
LEASE OF EQUIPMENT
Section 3.1. Lease. Lessor hereby leases the Equipment to Lessee, and Lessee hereby leases the
Equipment from Lessor, upon the terms and conditions set forth in this Lease.
Section 3.2. Possession and Enjoyment. Lessor hereby covenants to provide Lessee during the Term of
this Lease with the quiet use and enjoyment of the Equipment, and Lessee shall during the Term of this Lease
peaceably and quietly have and hold and enjoy the Equipment, without suit, trouble or hindrance from Lessor,
except as expressly set forth in this Lease. Lessor will, at the request of Lessee and at Lessee's cost, join in any
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legal action in which Lessee asserts its right to such possession and enjoyment to the extent Lessor lawfully may do
so.
Section 3.3. Lessor Access to Equipment. The Lessee agrees that Lessor shall have the right at all
reasonable times to examine and inspect the Equipment. Lessee further agrees that Lessor shall have such rights
of access to the Equipment as may be reasonably necessary to cause the proper maintenance of the Equipment in
the event of failure by Lessee to perform its obligations hereunder.
ARTICLE IV
TERM OF LEASE
Section 4.1. Lease Term. This Lease shall be in effect for a Term commencing upon its date of execution
and ending as provided in Section 4.5.
Section 4.2. Termination by Lessee. In the sole event of Non-appropriation, Lessee shall have the right to
terminate this Lease, in whole but not in part, at the end of any Fiscal Year of Lessee, in the manner and subject to
the terms specified in this Section and Section 4.4. Lessee may effect such termination by giving Lessor a written
notice of termination and by paying to Lessor any Rental Payments and other amounts which are due and have not
been paid at or before the end of its then current Fiscal Year. Lessee shall endeavor to give notice of termination
not less than sixty (60) days prior to the end of such Fiscal Year, and shall notify Lessor of any anticipated
termination. In the event of termination of this Lease as provided in this Section, Lessee shall deliver possession of
the Equipment to Lessor in accordance with Section 12.3, and shall convey to Lessor or release its interest in the
Equipment within ten (10) days after the termination of this Lease.
Section 4.3. Intent to Continue Lease Term; Appropriations. Lessee presently intends to continue this
Lease for its entire Term and to pay all Rental Payments specified in Exhibit B. The officer of Lessee responsible for
preparation of Lessee's budget shall include in the budget request for each Fiscal Year the Rental Payments to
become due in such Fiscal Year, and shall use all reasonable and lawful means available to secure the
appropriation of money for such Fiscal Year sufficient to pay the Rental Payments coming due therein. Lessee
reasonably believes that moneys in an amount sufficient to make all such Rental Payments can and will lawfully be
appropriated and made available for this purpose.
Section 4.4. Effect of Termination. Upon termination of this Lease as provided in Section 4.2, Lessee shall
not be responsible for the payment of any additional Rental Payments coming due with respect to succeeding
Fiscal Years, but if Lessee has not delivered possession of the Equipment to Lessor in accordance with Section 12.3
and conveyed to Lessor or released its interest in the Equipment within ten (10) days after the termination of this
Lease, the termination shall nevertheless be effective, but Lessee shall be responsible for the payment of damages
in an amount equal to the amount of the Rental Payments thereafter coming due under Exhibit B which are
attributable to the number of days after such ten (10) day period during which Lessee fails to take such actions and
for any other loss suffered by Lessor as a result of Lessee's failure to take such actions as required.
Section 4.5. Termination of Lease Term. The Term of this Lease will terminate upon the occurrence of the
first of the following events:
(a) the termination thereof by Lessee in accordance with Section 4.2;
(b) the exercise by Lessee of its option to purchase Lessor's interest in the Equipment pursuant
to Article X;
(c) a default by Lessee and Lessor's election to terminate this Lease pursuant to Article XII; or
(d) the payment by Lessee of all Rental Payments and other amounts authorized or required to
be paid by Lessee hereunder.
ARTICLE V
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RENTAL PAYMENTS
Section 5.1. Rental Payments. Lessee agrees to pay Rental Payments during the Term of this Lease, in the
amounts and on the dates specified in Exhibit B. All Rental Payments shall be paid to Lessor at its offices at the
address specified in the first paragraph of this Lease, or to such other person or entity to which Lessor has assigned
such Rental Payments as specified in Article XI, at such place as such assignee may from time to time designate by
written notice to Lessee. Lessee shall pay the Rental Payments exclusively from moneys legally available therefor,
in lawful money of the United States of America, to Lessor or, in the event of assignment of the right to receive
Rental Payments by Lessor, to its assignee. Interest shall accrue from the first day of the calendar month in which
the Certificate of Acceptance is executed.
Section 5.2. Current Expense. The obligations of Lessee under this Lease, including its obligation to pay
the Rental Payments due with respect to the Equipment, in any Fiscal Year for which this Lease is in effect, shall
constitute a current expense of Lessee for such Fiscal Year and shall not constitute an indebtedness of Lessee
within the meaning of the Constitution and laws of the State. Nothing herein shall constitute a pledge by Lessee of
any taxes or other moneys, other than moneys lawfully appropriated from time to time by or for the benefit of
Lessee in the annual budget and the proceeds or Net Proceeds of the Equipment, to the payment of any Rental
Payment or other amount coming due hereunder.
Section 5.3. Interest Component. A portion of each Rental Payment is paid as and represents the
payment of Interest. Exhibit B sets forth the Interest component of each Rental Payment.
Section 5.4. Rental Payments to be Unconditional. Except as provided in Section 4.2, the obligation of
Lessee to make Rental Payments or any other payments required hereunder shall be absolute and unconditional in
all events. Notwithstanding any dispute between Lessee and Lessor or any other person, Lessee shall make all
Rental Payments and other payments required hereunder when due and shall not withhold any Rental Payment or
other payment pending final resolution of such dispute nor shall Lessee assert any right of set-off or counterclaim
against its obligation to make such Rental Payments or other payments required under this Lease. Lessee's
obligation to make Rental Payments or other payments during the Lease Term shall not be abated through
accident or unforeseen circumstances. However, nothing herein shall be construed to release Lessor from the
performance of its obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may
institute such legal action against Lessor as Lessee may deem necessary to compel the performance of such
obligation or to recover damages therefor.
ARTICLE VI
INSURANCE AND NEGLIGENCE
Section 6.1. Liability Insurance. Upon receipt of possession of the Equipment, Lessee shall take such
measures as may be necessary to ensure that any liability for injuries to or death of any person or damage to or
loss of property arising out of or in any way relating to the condition or the operation of the Equipment or any part
thereof, is covered by a blanket or other general liability insurance policy maintained by Lessee. The Net Proceeds
of all such insurance shall be applied toward extinguishment or satisfaction of the liability with respect to which
any Net Proceeds may be paid.
Section 6.2. Property Insurance. Upon receipt of possession of the Equipment, Lessee shall have and
assume the risk of loss with respect thereto. Lessee shall procure and maintain continuously in effect during the
Term of this Lease, all-risk insurance, subject only to the standard exclusions contained in the policy, in such
amount as will be at least sufficient so that a claim may be made for the full replacement cost of any part thereof
damaged or destroyed and to pay the applicable Purchase Option Price of the Equipment. Such insurance may be
provided by a rider to an existing policy or under a separate policy. Such insurance may be written with customary
deductible amounts. The Net Proceeds of insurance required by this Section shall be applied to the prompt repair,
restoration or replacement of the Equipment, or to the purchase of the Equipment, as provided in Section 6.6. Any
Net Proceeds not needed for those purposes shall be paid to Lessee.
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Section 6.3. Worker's Compensation Insurance. If required by State law, Lessee shall carry worker's
compensation insurance covering all employees on, in, near or about the Equipment, and upon request, shall
furnish to Lessor certificates evidencing such coverage throughout the Term of this Lease.
Section 6.4. Requirements For All Insurance. All insurance policies (or riders) required by this Article shall
be taken out and maintained with responsible insurance companies organized under the laws of one of the states
of the United States and qualified to do business in the State; and shall contain a provision that the insurer shall
not cancel or revise coverage thereunder without giving written notice to the insured parties at least ten (10) days
before the cancellation or revision becomes effective. All insurance policies or riders required by Sections 6.1 and
6.2 shall name Lessee and Lessor as insured parties, and any insurance policy or rider required by Section 6.3 shall
name Lessee as insured party. Lessee shall deposit with Lessor policies (and riders) evidencing any such insurance
procured by it, or a certificate or certificates of the respective insurers stating that such insurance is in full force
and effect. Before the expiration of any such policy (or rider), Lessee shall furnish to Lessor evidence that the
policy has been renewed or replaced by another policy conforming to the provisions of this Article, unless such
insurance is no longer obtainable in which event Lessee shall notify Lessor of this fact.
Section 6.5. Lessee's Negligence. Lessee assumes all risks and liabilities, whether or not covered by
insurance, for loss or damage to the Equipment and for injury to or death of any person or damage to any
property, whether such injury or death be with respect to agents or employees of Lessee or of third parties, and
whether such property damage be to Lessee's property or the property of others, which is proximately caused by
the negligent conduct of Lessee, its officers, employees and agents. Lessee hereby assumes responsibility for and
agrees to reimburse Lessor for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and
expenses (including reasonable attorney's fees) of whatsoever kind and nature, imposed on, incurred by or
asserted against Lessor that in any way relate to or arise out of a claim, suit or proceeding based in whole or in part
upon the negligent conduct of Lessee, its officers, employees and agents, to the maximum extent permitted by
law.
Section 6.6. Damage to or Destruction of Equipment. If after delivery of the Equipment to Lessee all or
any part of the Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee shall as soon as practible
after such event either: (i) replace the same at Lessee's sole cost and expense with equipment of equal or greater
value to the Equipment immediately prior to the time of the loss occurrence, such replacement equipment to be
subject to Lessor's reasonable approval, whereupon such replacement shall be substituted in this Lease by
appropriate endorsement; or (ii) pay the applicable Purchase Option Price of the Equipment as set forth in Exhibit
B. Lessee shall notify Lessor of which course of action it will take within fifteen (15) days after the loss occurrence.
If Lessee fails or refuses to notify Lessor within the required period, Lessor may, at its option, declare the
applicable Purchase Option Price of the Equipment set forth in Exhibit B immediately due and payable, and Lessee
shall be obligated to pay the same. The Net Proceeds of all insurance payable with respect to the Equipment shall
be available to Lessee and shall be used to discharge Lessee's obligation under this Section. On payment of the
Purchase Option Price, this Lease shall terminate and Lessee thereupon shall become entitled to the Equipment AS
IS, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY LESSEE, except that the Equipment
shall not be subject to any lien or encumbrance created by or arising through Lessor.
ARTICLE VII
OTHER OBLIGATIONS OF LESSEE
Section 7.1. Use; Permits. Lessee shall exercise due care in the installation, use, operation and
maintenance of the Equipment, and shall not install, use, operate or maintain the Equipment improperly,
carelessly, in violation of any State and Federal Law or for a purpose or in a manner contrary to that contemplated
by this Lease. Lessee shall obtain all permits and licenses necessary for the installation, operation, possession and
use of the Equipment. Lessee shall comply with all State and Federal Laws applicable to the installation, use,
possession and operation of the Equipment, and if compliance with any such State and Federal Law requires
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changes or additions to be made to the Equipment, such changes or additions shall be made by Lessee at its
expense.
Section 7.2. Maintenance of Equipment by Lessee. Lessee shall, at its own expense, maintain, preserve
and keep the Equipment in good repair, working order and condition, and shall from time to time make all repairs
and replacements necessary to keep the Equipment in such condition. Lessor shall have no responsibility for any
of these repairs or replacements.
Section 7.3. Taxes, Other Governmental Charges and Utility Charges. Except as expressly limited by this
Section, Lessee shall pay all taxes and other charges of any kind which are at any time lawfully assessed or levied
against or with respect to the Equipment, the Rental Payments or any part thereof, or which become due during
the Term of this Lease, whether assessed against Lessee or Lessor. Lessee shall also pay when due all gas, water,
steam, electricity, heat, power, telephone, and other charges incurred in the operation, maintenance, use,
occupancy and upkeep of the Equipment, and all special assessments and charges lawfully made by any
governmental body for public improvements that may be secured by a lien on the Equipment; provided that with
respect to special assessments or other governmental charges that may lawfully be paid in installments over a
period of years, Lessee shall be obligated to pay only such installments as are required to be paid during the Term
of this Lease as and when the same become due. Lessee shall not be required to pay any federal, state or local
income, inheritance, estate, succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock,
corporate, or other similar tax payable by Lessor, its successors or assigns, unless such tax is made in lieu of or as a
substitute for any tax, assessment or charge which is the obligation of Lessee under this Section.
Lessee may, at its own expense and in its own name, in good faith contest any such taxes, assessments,
utility and other charges and, in the event of any such contest, may permit the taxes, assessments, utility or other
charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless Lessor
shall notify Lessee that, in the opinion of Independent Counsel, by nonpayment of any such items the interest of
Lessor in the Equipment will be materially endangered or the Equipment or any part thereof will be subject to loss
or forfeiture, in which event Lessee shall promptly pay such taxes, assessments, utility or other charges or provide
Lessor with full security against any loss which may result from nonpayment, in form satisfactory to Lessor.
Section 7.4. Advances. If Lessee shall fail to perform any of its obligations under this Article, Lessor may,
but shall not be obligated to, take such action as may be necessary to cure such failure, including the advancement
of money, and Lessee shall be obligated to repay all such advances on demand, with interest at the rate of 18% per
annum or the maximum rate permitted by law, whichever is less, from the date of the advance to the date of
repayment.
ARTICLE VIII
TITLE
Section 8.1. Title. During the Term of this Lease, and so long as Lessee is not in default under Article XII,
legal title to the Equipment and any and all repairs, replacements, substitutions and modifications to it shall be in
Lessee. Upon termination of this Lease for any of the reasons specified in Section 4.5, Clauses (a) and (c), full and
unencumbered legal title to the Equipment shall pass to Lessor, and Lessee shall have no further interest therein.
In either of such events, Lessee shall execute and deliver to Lessor such documents as Lessor may request to
evidence the passage of legal title to the Equipment to Lessor and the termination of Lessee's interest therein, and
upon request by Lessor shall deliver possession of the Equipment to Lessor in accordance with Section 12.3. Upon
termination of this Lease for any of the reasons specified in Section 4.5, Clauses (b) and (d), Lessor's security or
other interest in the Equipment shall terminate, and Lessor shall execute and deliver to Lessee such documents as
Lessee may request to evidence the termination of Lessor's security or other interest in the Equipment.
Section 8.2. Security Interest. Lessor shall have and retain a security interest under the Uniform
Commercial Code in the Equipment, the proceeds thereof and all repairs, replacements, substitutions and
modifications thereto or thereof made pursuant to Section 8.5, in order to secure Lessee's payment of all Rental
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Payments due during the Term of this Lease and the performance of all other obligations herein to be performed
by Lessee. If any portion of the Equipment shall constitute a vehicle, Lessor shall have authority, upon filing the
manufacturer's certificate of origin for such Equipment, to require the notation of Lessor's security interest on any
applicable records and the certificate of title for such Equipment. Lessee will join with Lessor in executing such
financing statements or other documents and will perform such acts as Lessor may request to establish and
maintain a valid security interest in the Equipment. If requested by Lessor, Lessee shall conspicuously mark the
Equipment with appropriate lettering, labels or tags, and maintain such markings during the Term of this Lease, so
as clearly to disclose Lessor's security interest in the Equipment.
Section 8.3. Liens. During the Term of this Lease, Lessee shall not, directly or indirectly, create, incur,
assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the
Equipment, other than the respective rights of Lessor and Lessee as herein provided and Permitted Encumbrances.
Except as expressly provided in Section 7.3 and this Article, Lessee shall promptly, at its own expense, take such
action as may be necessary duly to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or
claim if the same shall arise at any time. Lessee shall reimburse Lessor for any expense incurred by Lessor in order
to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim.
Section 8.4. Installation of Lessee's Equipment. Lessee may at any time and from time to time, in its sole
discretion and at its own expense, install other items of equipment in or upon the Equipment, which items shall be
identified by tags or other symbols affixed thereto as property of Lessee. All such items so identified shall remain
the sole property of Lessee, in which Lessor shall have no interest, and may be modified or removed by Lessee at
any time provided that Lessee shall repair and restore any and all damage to the Equipment resulting from the
installation, modification or removal of any such items. Nothing in this Lease shall prevent Lessee from purchasing
items to be installed pursuant to this Section under a conditional sale or lease with option to purchase contract, or
subject to a vendor's lien or security agreement, as security for the unpaid portion of the purchase price thereof,
provided that no such lien or security interest shall attach to any part of the Equipment.
Section 8.5. Modification of Equipment. Lessee shall, at its own expense, have the right to make repairs
to the Equipment, and to make repairs, replacements, substitutions and modifications to all or any of the parts
thereof. All such work and any part or component used or installed to make a repair or as a replacement,
substitution or modification, shall thereafter comprise part of the Equipment and be subject to the provisions of
this Lease. Such work shall not in any way damage the Equipment or cause it to be used for purposes other than
those authorized under the provisions of State and Federal Law or those contemplated by this Lease; and the
Equipment, upon completion of any such work shall be of a value which is not less than the value of the Equipment
immediately prior to the commencement of such work. Any property for which a replacement or substitution is
made pursuant to this Section may be disposed of by Lessee in such manner and on such terms as are determined
by Lessee. Lessee will not permit any mechanic's or other lien to be established or remain against the Equipment
for labor or materials furnished in connection with any repair, replacement, substitution or modification made by
Lessee pursuant to this Section; provided that if any such lien is established and Lessee shall first notify Lessor of
Lessee's intention to do so, Lessee may in good faith contest any lien filed or established against the Equipment,
and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of
such contest and any appeal therefrom unless Lessor shall notify Lessee that, in the opinion of Independent
Counsel, by nonpayment of any such item the interest of Lessor in the Equipment will be materially endangered or
the Equipment or any part thereof will be subject to loss or forfeiture, in which event Lessee shall promptly pay
and cause to be satisfied and discharged all such unpaid items or provide Lessor with full security against any such
loss or forfeiture, in form satisfactory to Lessor. Lessor will cooperate fully with Lessee in any such contest, upon
the request and at the expense of Lessee.
Section 8.6. Personal Property. The Equipment is and shall at all times be and remain personal property
notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner affixed or
attached to or embedded in or permanently rested upon real property or any building thereon or attached in any
manner to what is permanent by means of cement, plaster, nails, bolts, screws or otherwise.
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ARTICLE IX
WARRANTIES
Section 9.1. Selection of Equipment. The Equipment and the Contractor have been selected by Lessee,
and Lessor shall have no responsibility in connection with the selection of the Equipment, its suitability for the use
intended by Lessee, the acceptance by the Contractor or its sales representative of the order submitted, or any
delay or failure by the Contractor or its sales representative to manufacture, deliver or install the Equipment for
use by Lessee. Lessee authorizes Lessor to add the serial number of the Equipment to Exhibit A when available.
Section 9.2. Installation and Maintenance of Equipment. Lessor shall have no obligation to install, erect,
test, inspect, service or maintain the Equipment under any circumstances, but such actions shall be the obligation
of Lessee or the Contractor.
Section 9.3. Contractor's Warranties. Lessor hereby assigns to Lessee for and during the Term of this
Lease, all of its interest in all Contractor's warranties and guarantees, express or implied, issued on or applicable to
the Equipment, and Lessor hereby authorizes Lessee to obtain the customary services furnished in connection with
such warranties and guarantees at Lessee's expense.
Section 9.4. Patent Infringement. Lessor hereby assigns to Lessee for and during the Term of this Lease
all of its interest in patent indemnity protection provided by any Contractor with respect to the Equipment. Such
assignment of patent indemnity protection by Lessor to Lessee shall constitute the entire liability of Lessor for any
patent infringement by Equipment furnished pursuant to this Lease.
Section 9.5. Disclaimer of Warranties. THE EQUIPMENT IS DELIVERED AS IS, AND LESSOR MAKES NO
WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY
LESSEE OF THE EQUIPMENT, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE EQUIPMENT.
ARTICLE X
OPTION TO PURCHASE
Section 10.1. When Available. Lessee shall have the option to purchase Lessor's interest in the
Equipment on any Payment Date for the then applicable Purchase Option Price set forth in Exhibit B, but only if
Lessee is not in default under this Lease, and only in the manner provided in this Article.
Section 10.2. Exercise of Option. Lessee shall give notice to Lessor of its intention to exercise its option
not less than thirty (30) days prior to the Payment Date on which the option is to be exercised and shall deposit
with Lessor on the date of exercise an amount equal to all Rental Payments and any other amounts then due or
past due (including the Rental Payment due on the Payment Date on which the option is to be exercised) and the
applicable Purchase Option Price set forth in Exhibit B. The closing shall be on the Payment Date on which the
option is to be exercised at the office of Lessor.
Section 10.3. Release of Lessor's Interest. Upon exercise of the purchase option by Lessee, Lessor shall
convey or release to Lessee, all of its right, title and/or interest in and to the Equipment by delivering to Lessee
such documents as Lessee deems necessary for this purpose.
ARTICLE XI
ASSIGNMENT, SUBLEASING, MORTGAGING AND SELLING
Section 11.1. Assignment by Lessor. Lessor shall not assign its obligations under this Lease, and no
purported assignment thereof shall be effective. All of Lessor's right, title and/or interest in and to this Lease, the
Rental Payments and other amounts due hereunder and the Equipment may be assigned and reassigned in whole
or in part to one or more assignees or subassignees by Lessor at any time, without the consent of Lessee. No such
assignment shall be effective as against Lessee unless and until the assignor shall have filed with Lessee a copy or
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written notice thereof identifying the assignee. Lessee shall pay all Rental Payments due hereunder to or at the
direction of Lessor or the assignee named in the most recent assignment or notice of assignment filed with Lessee.
During the Lease Term Lessee shall keep a complete and accurate record of all such assignments. In the event
Lessor assigns participations in its right, title and/or interest in and to this Lease, the Rental Payments and other
amounts due hereunder and the Equipment, such participants shall be considered to be Lessor with respect to
their participated shares thereof.
Section 11.2. Assignment and Subleasing by Lessee. Neither this Lease nor Lessee's interest in the
Equipment may be assigned by Lessee without the written consent of Lessor. However, the Equipment may be
subleased by Lessee, in whole or in part, without the consent of Lessor, subject, however, to each of the following
conditions:
(i) This Lease and the obligation of Lessee to make Rental Payments hereunder, shall remain
obligations of Lessee.
(ii) The sublessee shall assume the obligations of Lessee hereunder to the extent of the interest
subleased.
(iii) Lessee shall, within thirty (30) days after the delivery thereof, furnish or cause to be
furnished to Lessor a true and complete copy of such sublease.
(iv) No sublease by Lessee shall cause the Equipment to be used for a purpose other than a
governmental function authorized under the provisions of the Constitution and laws of the State.
(v) No sublease shall cause the Interest component of the Rental Payments due with respect to
the Equipment to become includible in gross income of the recipient for federal income tax
purposes.
Section 11.3. Restriction on Mortgage or Sale of Equipment by Lessee. Except as provided in Section
11.2, Lessee will not mortgage, sell, assign, transfer or convey the Equipment or any portion thereof during the
Term of this Lease, or remove any Equipment not constituting a vehicle from its boundaries, without the written
consent of Lessor. Lessee shall not, without the written permission of Lessor, store or house any Equipment
constituting a vehicle outside the corporate boundaries of Lessee.
ARTICLE XII
EVENTS OF DEFAULT AND REMEDIES
Section 12.1. Events of Default Defined. The following shall be "events of default" under this Lease and
the terms "events of default" and "default" shall mean, whenever they are used in this Lease, with respect to the
Equipment, any one or more of the following events:
(i) Failure by Lessee to pay any Rental Payment or other payment required to be paid under this
Lease at the time specified herein and the continuation of said failure for a period of three (3)
days after telephonic or telegraphic notice given by Lessor that the payment referred to in such
notice has not been received, such telephonic or telegraphic notice to be subsequently
confirmed in writing, or after written notice.
(ii) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to
be observed or performed, other than as referred to in Clause (i) of this Section, for a period of
thirty (30) days after written notice specifying such failure and requesting that it be remedied has
been given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time
prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected
within the applicable period, Lessor will not unreasonably withhold its consent to an extension of
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such time if corrective action is instituted by Lessee within the applicable period and diligently
pursued until the default is corrected.
(iii) The filing by Lessee of a voluntary petition in bankruptcy, or failure by Lessee promptly to lift
any execution, garnishment or attachment of such consequence as would impair the ability of
Lessee to carry on its governmental function or adjudication of Lessee as a bankrupt, or
assignment by Lessee for the benefit of creditors, or the entry by Lessee into an agreement of
composition with creditors, or the approval by a court of competent jurisdiction of a petition
applicable to Lessee in any proceedings instituted under the provisions of the Federal Bankruptcy
Statute, as amended, or under any similar acts which may hereafter be enacted.
The provisions of this Section 12.1 and Section 12.2 are subject to the following limitation: if by reason of force
majeure Lessee is unable in whole or in part to carry out its obligations under this Lease with respect to the
Equipment, other than its obligation to pay Rental Payments with respect thereto which shall be paid when due
notwithstanding the provisions of this paragraph, Lessee shall not be deemed in default during the continuance of
such inability. The term "force majeure" as used herein shall mean, without limitation, the following: acts of God;
strikes, lockouts or other labor disturbances; acts of public enemies; orders or restraints of any kind of the
government of the United States of America or the State or their respective departments, agencies or officials, or
any civil or military authority; insurrections; riots; landslides; earthquakes; fires; storms; droughts; floods;
explosions; breakage or accident to machinery, transmission pipes or canals; or any other cause or event not
reasonably within the control of Lessee and not resulting from its negligence. Lessee agrees, however, to remedy
with all reasonable dispatch the cause or causes preventing Lessee from carrying out its obligations under this
Lease; provided that the settlement of strikes, lockouts and other labor disturbances shall be entirely within the
discretion of Lessee and Lessee shall not be required to make settlement of strikes, lockouts and other labor
disturbances by acceding to the demands of the opposing party or parties when such course is in the judgment of
Lessee unfavorable to Lessee.
Section 12.2. Remedies on Default. Whenever any event of default referred to in Section 12.1 hereof
shall have happened and be continuing with respect to the Equipment, Lessor shall have the right, at its option and
without any further demand or notice, to take one or any combination of the following remedial steps:
(i) Lessor, with or without terminating this Lease may declare all Rental Payments due or to
become due during the Fiscal Year in effect when the default occurs to be immediately due and
payable by Lessee, whereupon such Rental Payments shall be immediately due and payable.
(ii) Lessor, with or without terminating this Lease, may repossess the Equipment by giving Lessee
written notice to deliver the Equipment to Lessor, whereupon Lessee shall do so in the manner
provided in Section 12.3; or in the event Lessee fails to do so within ten (10) days after receipt of
such notice, Lessor may enter upon Lessee's premises where the Equipment is kept and take
possession of the Equipment and charge Lessee for costs incurred in repossessing the
Equipment, including reasonable attorneys' fees. Lessee hereby expressly waives any damages
occasioned by such repossession. If the Equipment or any portion of it has been destroyed or
damaged beyond repair, Lessee shall pay the applicable Purchase Option Price of the Equipment,
as set forth in Exhibit B (less credit for Net Proceeds), to Lessor. Notwithstanding the fact that
Lessor has taken possession of the Equipment, Lessee shall continue to be responsible for the
Rental Payments due during the Fiscal Year then in effect. If this Lease has not been terminated,
Lessor shall return the Equipment to Lessee at Lessee's expense when the event of default is
cured.
(iii) If Lessor terminates this Lease and takes possession of the Equipment, Lessor shall within
thirty {30) days thereafter use its best efforts to sell the Equipment or any portion thereof in a
commercially reasonable manner at public or private sale in accordance with applicable State
laws. Lessor shall apply the proceeds of such sale to pay the following items in the following
order: (a) all costs incurred in securing possession of the Equipment; (b) all expenses incurred in
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completing the sale; (c) the applicable Purchase Option Price of the Equipment; and {d) the
balance of any Rental Payments owed by Lessee during the Fiscal Year then in effect. Any sale
proceeds remaining after the requirements of Clauses (a), {b), (c) and {d) have been met may be
retained by Lessor.
{iv) If the proceeds of sale of the Equipment are not sufficient to pay the balance of any Rental
Payments owed by Lessee during the Fiscal Year then in effect, Lessor may take any other
remedy available at law or in equity to require Lessee to perform any of its obligations
hereunder.
Section 12.3. Return of Equipment. Upon the expiration or termination of this Lease prior to the
payment of all Rental Payments in accordance with Exhibit B, Lessee shall return the Equipment to Lessor in the
condition, repair, appearance and working order required in Section 7.2, in the following manner as may be
specified by Lessor: (i) by delivering the Equipment at Lessee's cost and expense to such place within the State as
Lessor shall specify; or (ii) by loading such portions of the Equipment as are considered movable at Lessee's cost
and expense, on board such carrier as Lessor shall specify and shipping the same, freight prepaid, to the place
specified by Lessor. If Lessee refuses to return the Equipment in the manner designated, Lessor may repossess the
Equipment and charge to Lessee the costs of such repossession or pursue any remedy described in Section 12.2.
Section 12.4. No Remedy Exclusive. No remedy conferred upon or reserved to Lessor by this Article is
intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy
given under this Lease. No delay or omission to exercise any right or power accruing upon any default shall impair
any such right or power or shall be construed to be a waiver thereof but any such right and power may be
exercised from time to time and as often as may be deemed expedient by Lessor or its assignee.
Section 12.5. Agreement to Pay Attorneys' Fees and Expenses. In the event either party to this Lease
should default under any of the provisions hereof and the nondefaulting party should employ attorneys and/or
incur other expenses for the collection of moneys or for the enforcement of performance or observance of any
obligation or agreement on the part of the defaulting party herein contained, the defaulting party agrees that it
will on demand therefor pay to the nondefaulting party the reasonable fee of such attorneys and/or such other
reasonable expenses so incurred by the nondefaulting party. In the event that legal proceedings relating to this
Lease (but not evidencing an action by a nondefaulting party against a defaulting party) are commenced in any
court or before any other tribunal of competent jurisdiction, the legal fees and other reasonable costs and
expenses of the prevailing party shall be paid by the nonprevailing party on demand of the prevailing party.
Section 12.6. Late Charge. Whenever any event of default referred to in Section 12.1, Clause (i) hereof
shall have happened and be continuing with respect to the Equipment, Lessor shall have the right, at its option and
without any further demand or notice, to require a late payment charge for each thirty {30) day period or part
thereof during which such event of default occurs equal to four percent (4%) of the delinquent amount, and Lessee
shall be obligated to pay the same immediately upon receipt of Lessor's written invoice therefor; provided,
however, that this Section 12.6 shall not be applicable if or to the extent that the application thereof would affect
the validity of this Lease.
ARTICLE XIII
ADMINISTRATIVE PROVISIONS
Section 13.1. Notices. All notices, certificates, legal opinions or other communications hereunder shall be
sufficiently given and shall be deemed given when delivered or deposited in the United States mail in registered
form with postage fully prepaid to the addresses specified on the first page hereof; provided that Lessor and
Lessee, by notice given hereunder, may designate different addresses to which subsequent notices, certificates,
legal opinions or other communications will be sent.
Section 13.2. Financial Information. During the Term of this Lease, Lessee annually will provide Lessor
with current financial statements, budgets, proof of appropriation for the ensuing Fiscal Year and such other
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financial information relating to the ability of Lessee to continue this Lease as may be requested by Lessor or its
assignee.
Section 13.3. Binding Effect. This Lease shall inure to the benefit of and shall be binding upon Lessor and
Lessee and their respective successors and assigns.
Section 13.4. Severability. In the event any provision of this Lease shall be held invalid or unenforceable
by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other
provision hereof.
Section 13.5. Amendments, Changes and Modifications. This Lease may be amended or any of its terms
modified only by written document duly authorized, executed and delivered by Lessor and Lessee.
Section 13.6. Captions. The captions or headings in this Lease are for convenience only and in no way
define, limit or describe the scope or intent of any provisions, Articles, Sections or Clauses of this Lease.
Section 13.7. Further Assurances and Corrective Instruments. Lessor and Lessee agree that they will,
from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such
supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or
incorrect description of the Equipment hereby leased or intended so to be, or for otherwise carrying out the
expressed intention of this Lease.
Section 13.8. Execution in Counterparts. This Lease may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
Section 13.9. Applicable Law. This Lease shall be governed by and construed in accordance with the laws
of the State.
IN WITNESS WHEREOF, Lessor has caused this Lease to be executed in its corporate name by its duly authorized
officer; and Lessee has caused this Lease to be executed in its name by its duly authorized officer, as of the date
first above written.
LESSOR: KINETIC LEASING, INC. LESSEE: CITY OF KENYON, MINNESOTA
Signature: ____________ Signature: ________ _______
Title: ______________ Name/Title: Douglas Henke/Mayor
Date: August 15, 2022 Date: August 15, 2022
ATTEST:
a
Signature: ____ ___________
Name/Title: --�M�a�r�k�V�a�h=ls=in�g=/�C�it�Y�A�d�m�in�is�t�ra�t�o�r_
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EXHIBIT A
EQUIPMENT
Lessee: City of Kenyon, Minnesota
Date of Lease: August 15, 2022
Lease#: CIT6528-107
The Equipment which is the subject of the attached Lease with Option to Purchase Agreement is as
follows:
Installation Site: 709 2nd Street, Kenyon, MN 55946
QTY. SERIAL NO. DESCRIPTION
VENDOR: Main-West Equipment
1 1NPCL7TX6GD387607 2016 Peterbilt 567
Description of Financed Amount:
Cost of above Equipment $154,110.00
Cost of related charges:
Transportation $ N/A
Physical Modifications (Specify) $ N/A
Other (Specify) $ N/A
Add: Sales or other tax, if applicable $ N/A
Less: Trade-In, if applicable $N/A
Net Financed Amount: $154,110.00
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EXHIBIT B
SCHEDULE OF RENTAL PAYMENTS
Lessee: City of Kenyon, Minnesota
Date of Lease: August 15, 2022
Lease#: CIT6528-107
BASE RENTAL PAYMENTS
Base Rental Base Rental Termination Value
Payment Date Payment
01/05/2023 Amount $128,857.43
01/05/2024 $29,270.00 $104,952.47
01/05/2025 $29,270.00 $80,148.68
01/05/2026 $29,270.00 $54,412.27
01/05/2027 $29,270.00 $27,708.17
01/05/2028 $29,270.00 $0.00
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EXHIBIT C
CERTIFICATE OF ACCEPTANCE
I, the undersigned, hereby certify that I am the duly qualified and acting Mayor of the City of Kenyon,
Minnesota (Lessee); and, with respect to the Lease with Option to Purchase Agreement dated August 15, 2022
(Lease), by and between Lessee and Kinetic Leasing, Inc. (Lessor), that:
1. The equipment described in the Lease (the Equipment) has been delivered and installed in accordance
with Lessee's Specifications (as that term is defined in the Lease) and has been accepted by Lessee.
2. The rental payments provided for on Exhibit B to the Lease (the Rental Payments) shall commence and
be due and payable on the dates and in the amounts shown on Exhibit B to the Lease.
3. Lessee has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to
pay all Rental Payments required to be paid under the Lease during the current fiscal year of Lessee, and such
moneys will be applied in payment of all Rental Payments due and payable during such current fiscal year.
4. Lessee has obtained from a reputable insurance company qualified to do business in the state of
(the State) insurance with respect to, all risks required to be covered thereby pursuant to Article VI of the Lease.
5. Lessee is exempt from all personal property taxes, and is exempt from sales and/or use taxes with
respect to the Equipment and the Rental Payments.
6. During the Lease Term (as defined in the Lease) the Equipment will be used by Lessee to perform
essential governmental functions. Such functions are: Emergency Vehicle
7. There is no litigation, action, suit or proceeding pending or before any court, administrative agency,
arbitrator or governmental body, that challenges the organization or existence of Lessee; the authority of Lessee
or its officers or its employees to enter into the Lease; the proper authorization, approval and execution of the
Lease and other documents contemplated thereby; the appropriation of moneys, or any other action taken by
Lessee to provide moneys, sufficient to make Rental Payments coming due under the Lease in Lessee's current
fiscal year; or the ability of Lessee otherwise to perform its obligations under the Lease and the transactions
contemplated thereby.
Dated: August 15, 2022
LESSEE: CITY OF KENYON, MINNESOTA
Signature: _____ _ _ ______ _
_
Name/Title: Douglas Henke/Mayor
ATTEST:
Signature: ________________
Name/Title: Mark Vahlsing/City Administrator
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EXHIBIT D
RESOLUTION RELATING TO LEASE WITH OPTION
TO PURCHASE AGREEMENT No. CIT6528-107
BE IT RESOLVED by the governing body of City of Kenyon, Minnesota (the Issuer), as follows:
Section 1. Recitals and Authorization. The Issuer, as lessee, has heretofore entered into a Lease with
Option to Purchase Agreement #CIT6528-107 dated as of August 15, 2022 (the Lease), with Kinetic Leasing, Inc., as
lessor. It is hereby determined that it is necessary and desirable and in the best interests of the Issuer to enter into
the Lease for the purposes therein specified, and the execution and delivery of the Lease by the Issuer are hereby
approved, ratified and confirmed.
Section 2. Designation as Qualified Tax-Exempt Obligation. Pursuant to Section 265(b)(3)(B)(ii) of the
Internal Revenue Code of 1986 (the Code), the Issuer hereby specifically designates the Lease as a "qualified
tax-exempt obligation" for purposes of Section 265(b)(3) of the Code. In compliance with Section 265(b)(3)(D) of
the Code, the Issuer hereby represents that the Issuer will not designate more than $10,000,000 of obligations
issued by the Issuer in the calendar year during which the Lease is executed and delivered as such "qualified
tax-exempt obligations."
Section 3. Issuance Limitation. In compliance with the requirements of Section 265(b)(3)(C) of the Code,
the Issuer hereby represents that the Issuer (including all "subordinate entities" of the Issuer within the meaning of
Section 265(b)(3)(E) of the Code) reasonably anticipates not to issue in the calendar year during which the Lease is
executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of
the Code (other than "private activity bonds" as defined in Section 141 of the Code) in an amount greater than
$10,000,000.
LESSEE: CITY OF KENYON, MINNESOTA
Signature: _______________
Name/Title: Douglas Henke/Mayor
ATTEST:
Signature:__ ____________
Name/Title: __M�a �rk�V_a=h�l�si�n�g/�C�it�y_A_d_m_in_is_ t _ra_ t _o r_ _
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CERTIFICATE OF INCUMBENCY
LEASE WITH OPTION TO PURCHASE AGREEMENT No. CIT6528-107
DATED AS OF AUGUST 15, 2022
I, Mark R. Vahlsing, do hereby certify that I am the duly elected or appointed and acting City
Administrator of City of Kenyon, Minnesota (the "Lessee"), a political subdivision duly organized and
existing under the laws of the State of Minnesota and that, as of the date hereof, the individuals named
below are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their
respective names.
NAME TITLE
Douglas Henke Mayor
IN WITNESS WHEREOF, I have duly executed this certificate on this 15th day of August 2022.
Mark R. Vahlsing/City Administrator
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RIDER - TITLED EQUIPMENT
TO EQUIPMENT LEASE AGREEMENT #CIT6528-107
DATED AUGUST 15, 2022
This TITLED EQUIPMENT RIDER is made by and between CITY OF KENYON, MINNESOTA ("Lessee") and
KINETIC LEASING, INC. ("Lessor" and "Owner").
WHEREAS, the parties wish to amend the above reference Agreement as set forth below:
You (Lessee) shall complete the physical titling of the Equipment as required by the state of your
residence. Furthermore, you shall provide such title documentation of the Equipment to us within
fifteen (15) days of your receipt of such title documentation from the appropriate titling authority.
Your failure to provide us with the title documentation to the Equipment in a timely manner shall be
deemed a condition of default and subject to any and all remedies available to us. Lessee further agrees
to pay a month-to-month Unobtained Titling Fee of $100 per title if the Lessor has not received the
correct transferred title in Lessor's office in a timely manner.
The verification of completed titling must be emailed or faxed to Kari Hage with Kinetic Leasing within
fifteen (15) days:
o Email: khage@kineticlease.com
o Fax: 701-476-0277
Lienholder to be listed as:
Kinetic Leasing, Inc.
PO Box 9785
Fargo, ND 58106
Except as modified herein the terms of the Lease remain the same and continue in full force and effect.
LESSOR: Kinetic Leasing, Inc. LESSEE: City of Kenyon, Minnesota
Signature:_ ___________ Signature:_____________
Title:_______________ Title:___ _ __________
Date: August 15, 2022 Date: August 15, 2022
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INSURANCE COVERAGE REQUIREMENT
Your lease with KINETIC LEASING, INC. requires you to maintain certain insurance coverage. In order to
assist you with obtaining coverage from your insurance company, please provide us with the following
agent information, as well as provide your insurance company with the requirements as shown below:
INSURANCE AGENT DATA:
NAME OF INSURANCE AGENT:_____________________
ADDRESS: ----------------- - - --------------
PHONE #:_ _ ______ _ CONTACT PERSON: _____________
FAX #:____ _ _ ______ EMAIL ADDRESS:_ _ _ _ _______ _
Named Insured/ Lessee: City of Kenyon, Minnesota
Equipment Lease No.: CIT6528-107
Coverage: Certificate Holders:
All Risk Personal Property and/or Lender's Loss Payee(s) As Their Interests
EDP, if applicable May Appear:
Kinetic Leasing, Inc., and its assigns
2575 41'1 Street S, Suite 1
Fargo, ND 58104
Coverage: Certificate Holders:
General Liability Additional Insured:
Kinetic Leasing, Inc., and its assigns
2575 41st Street S, Suite 1
Fargo, ND 58104
The Insurance Certificate should show the coverage limits and the insurance carrier's name(s) and
policy number(s). Please have the Certificate of Insurance sent to Kinetic Leasing, Inc. at the address
above, or email to insurance@kineticlease.com or fax it to us at 701-476-0277.
WE WOULD APPRECIATE YOUR AGENT INCLUDING OUR LEASE AND SCHEDULE NUMBER ON THE
CERTIFICATE.
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POWER OF ATTORNEY
City of Kenyon, Minnesota of 709 2nd Street, Kenyon, MN 55946, the bona fide registered
owner of the following described property: 2016 Peterbilt 567 VIN -1NPCL7TX6GD387607, hereby
irrevocably appoints Kinetic Leasing, Inc. with an address of 2575 41st Street South, Suite 1, Fargo, ND
58104, or any officer thereof, as Grantor's attorney with full authority to execute and record any and all
instruments, affidavits, certificates of titles, renewals, and other documents necessary to effect
registration, transfer of title, application for title and to evidence Kinetic Leasing, lnc.'s security interest
in the above described motor vehicle and to do such other things as may be proper pertaining to the
title or licensing of the motor vehicle, in Grantor's place and stead. This Power of Attorney shall not
terminate or otherwise be affected by Grantor's subsequent disability or incapacity.
GRANTOR:
City of Kenyon, Minnesota
Signature:____ _ _ _______
Name:---------------
Title:- - - ----- - ----
STATE OF _____
) ss
COUNTY OF ----
Subscribed and sworn to before me this ______ day of _________ , 20 .
Notary Public for the State of _______
(SEAL) Residing at ______ _ _ ____
My commission expires _________
115
mil DEPARTMENT
OF REVENUE
Form ST3, Certificate of Exemption
Purchaser: Complete this certificate and give it to the seller.
Seller: If this certificate is not completed, you must charge sales tax. Keep this certificate as part of your records.
This is a blanket certificate, unless one of the boxes below is checked. This certificate remains in force as long as the purchaser continues
making purchases or until otherwise cancelled by the purchaser.
1 4 7 9
Check if this certificate is for a single purchase and enter the related invoice/purchase order# _______________
If you are a contractor and have a purchasing agent agreement with an exempt organization, check the box to make purchases for a spe
cific job. Enter the exempt entity name and specific project:
Exempt entity name _______________ Project description _______________
Name of Purchaser
City of Kenyon, Minnesota
Business Address City State ZIP code
709 2nd St Kenyon MN 55946
Purchaser's Tax ID Number State of Issue
41-6005279 MN
If no tax ID number, FEIN Driver's license number/State issued ID number
Enter one of the following: State of Issue Number
Name of seller from whom you are purchasing, leasing, or renting
Kinetic Leasing, Inc.
Seller's Address City State ZIP code
2575 41st St S Ste 1 Fargo ND 58104
Type of Business
Do1 Accommodation and food services Transportation and warehousing
D02 Agricultural, forestry, fishing, hunting Utilities
Do3 Construction Wholesale trade
Do4 Finance and insurance Business services
Dos Information, publishing and communications Professional services
Do6 Manufacturing Education and health-care services
D07 Mining Nonprofit organization
Dos Real estate Government
IRJog Rental and leasing Not a business (explain) ____________
D10 Retail trade Other (explain) _______________
Reason for Exemption (See Instructions)
D A Federal government (department)_________ D J Agricultural production
D B Specific government exemption D K Industrial production/manufacturing
D L Direct pay authorization
D C Tribal government (name)____________ D M Multiple points of use (services, digital goods, or computer
D D Foreign diplomat#______________ software delivered electronically)
D E Charitable organization#____________ D N Direct mail
D F Educational organization#____________ D O Other (enter number from instructions) ________
p Percentage exemption
D G Religious organization#_____________ D
D H Resale D Advertising (enter percentage)___________,•.
D I Qualifying capital equipment (see instructions when D Utilities (enter percentage)------------"'
equipment claimed is part of a construction project) D Electricity (enter percentage) ••
I declare that the information on this certificate is correct and complete to the best of my knowledge and belief (PENALTY: If you try to evade paying
sales tax by using an exemption certificate for items or services that will be used for purposes other than those being claimed, you may be fined
$100 under Minnesota Jaw for each transaction for which the certificate is used.)
Signature of Authorized Purchaser Print Name Here Title Date
Douglas Henke Mayor 08/15/2022
Rev. 7/19
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Form8O38•G
Information Return for Tax-Exempt Governmental Bonds
► Under Internal Revenue Code section 149(e)
(Rev. October 2021) 0MB No. 1545-0047
► See separate instructions.
Caution: If the issue price is under $100,000, use Form 8038-GC.
Department of the Treasury
Internal Revenue Service ► Go to www.irs.gov/F8038G for instructions and the latest information.
■:F.riill■ Reporting Authority Check box if Amended Return ► 0
1 Issuer's name 2 Issuer's employer identification number (EIN)
City of Kenyon, Minnesota 41-6005279
3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 3b Telephone number of other person shown on 3a
4 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 5 Report number (For IRS Use Only)
I
709 2nd Street
6City, town, or post office, state, and ZIP code 7 Date of issue
I 3 I I ·1
Kenyon, MN 55963 08/15/2022
8 Name of issue 9 CUSIP number
CIT6528-107
1 0a Name and title of officer or other employee of the issuer whom the IRS may call for more information 1 Ob Telephone number of officer or other
employee shown on 1 0a
Douglas Henke/Mayor 507-789-6415
l:F.riill11 Type of Issue (Enter the issue price.) See the instructions and attach schedule.
11 Education. 11
12 Health and hospital 12
13 Transportation 13 154,110.00
14 Public safety 14
15 Environment (including sewage bonds) 15
16 Housing 16
17 Utilities 17
18 Other. Describe ► 18
19a If bonds are TANs or RANs, check only box 19a ► □
b If bonds are BANs, check only box 19b ► □
20 If bonds are in the form of a lease or installment sale, check box ► □
I:.fffiiill I Description of Bonds. Complete for the entire issue for which this form is being filed.
(c) Stated redemption (d) Weighted
(a) Final maturity date (b) Issue price (e) Yield
price at maturity average maturity
21 09/01/2027 $ 154,110.00 $ N/AP 6 years 3.76 %
I :r.1�ill ,,,1 Uses of Proceeds of Bond Issue (including underwriters' discount)
22 Proceeds used for accrued interest 22 N/AP
23 Issue price of entire issue (enter amount from line 21, column (b)) 23 154,110.00
24 Proceeds used for bond issuance costs (including underwriters' discount) 24 N/AP
25 Proceeds used for credit enhancement 25 N/AP
26 Proceeds allocated to reasonably required reserve or replacement fund 26 N/AP
27 Proceeds used to refund prior tax-exempt bonds. Complete Part V . 27 N/AP
28 Proceeds used to refund prior taxable bonds. Complete Part V 28 N/AP
29 Total (add lines 24 through 28) 29 N/AP
30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) 30 154,110.00
■::r.Tlill.T.I Description of Refunded Bonds. Complete this part only for refunding bonds.
31 Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded . ► N/AP years
32 Enter the remaining weighted average maturity of the taxable bonds to be refunded ► N/AP years
33 Enter the last date on which the refunded tax-exempt bonds will be called (MM/DD/YYYY) ► N/AP
34 Enter the date(s) the refunded bonds were issued ► (MM/DD/YYYY) N/AP
For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 63773S Form 8038-G (Rev. 10-2021)
117
Form 8038-G (Rev. 10-2021) Page 2
I :l,lilil'JI Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 141 (b)(5) 35 N/AP
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract
(GIG). See instructions 36a N/AP
b Enter the final maturity date of the GIC ► (MM/DD/YYYY) N/AP
C Enter the name of the GIC provider ► N/AP
37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans
to other governmental units 37 N/AP
38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► D and enter the following information:
b Enter the date of the master pool bond ► (MM/DD/YYYY) N/AP
c Enter the EIN of the issuer of the master pool bond ► N/AP
d Enter the name of the issuer of the master pool bond► _N_/A_P ________________
39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box ► 0
40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . ► D
41a If the issuer has identified a hedge, check here ► D and enter the following information:
b Name of hedge provider ► _N_/A_P __ ___ _ _ _______
c Type of hedge► _N_/A_P ______ ____________
d Term of hedge ► _N_/A_P______ _ _ _ _ _______
42 If the issuer has superintegrated the hedge, check box ► D
43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated
according to the requirements under the Code and Regulations (see instructions), check box . ► □
44 If the issuer has established written procedures to monitor the requirements of section 148, check box . ► □
45a If some portion of the proceeds was used to reimburse expenditures, check here ► D and enter the amount
of reimbursement . . ► N/AP
b Enter the date the official intent was adopted ► (MM/DD/YYYY) N/AP
Under penalties of perjury, I declare that I have examined this return and accompanying scherlilsli, . statements, and to the best of my knowledge
and belief, they are true, correct, and complete. I further declare that I consent to the IRS's ffsolo r-e of the issuer's return information, as necessary to
Signature process this return, to the person that I have authorized above.
and
Consent ► ►
Douglas Henke/Mayor
Signature of issuer's authorized representative Date Type or print name and title
Paid
Print/Type preparer's name Preparer's signature Date Check Oif PTIN
self-employed
Preparer
Firm's name ► Firm's EIN ►
Use Only Firm's address ► Phone no.
Form 8038-G (Rev. 10-2021)
118
AGENDA ITEM NO.
XII.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: August 15, 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:
DOC081222-001.pdf
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