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AGENDA
CITY COUNCIL REGULAR SESSION
February 14, 2023
7:00 PM
I. CALL TO ORDER AND ROLL CALL
II. CITIZEN COMMENTS
III. ADOPT AGENDA
III.A Approve Agenda
Summary Report
2-14-23 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
V.A Approval of Minutes and Appointments
Summary Report
1-10-23 Minutes.doc
1-24-23 City Council Special Session.doc
VI. PRESENTATIONS/PUBLIC HEARINGS
RECOGNITIONS/PROCLAMATIONS
VI.A School Bus Driver Appreciation Day Proclamation
Summary Report
Proclamation- Kenyon.docx
VII. ENGINEERING
VII.A Pearl Creek Sanitary Sewer Improvements
Summary Report
01.1_Pearl Creek Sewer Project Update.pdf
VII.B 2023 Street Improvements Summary
Summary Report
02.1_2023 Street Project Update.pdf
02.2_DRAFT St Recon-Overlay Plan_v1.pdf
VII.C Resolution 2023-04: Calling a Public Hearing Relating to Street Reconstruction
Plan and the Issuance of Bonds Thereunder
1
Summary Report
Resolution 2023-04 Calling a Public Hearing Relating to Street Reconstruction Plan
and the Issuance of Bonds Thereunder.DOCX
VIII. LEGAL
VIII.A Nuisance Property Violation – 1 Langford Avenue Update
Summary Report
IX. FINANCIAL
X. OLD BUSINESS
X.A
Continued discussion on Future of Depot Park
Summary Report
Est_1465_from_LM_Construction_Co._15832.pdf
XI. NEW BUSINESS
XI.A Resolution 2023-03: Establishing Procedures Relating to Compliance with
Reimbursement Bond Regulations Under the Internal Revenue Code
Summary Report
Resolution 2023-03 ESTABLISHING PROCEDURES.doc
XI.B Kenyon PD Body Worn Camera Policy
Summary Report
Body worn camera policy.pdf
XI.C Discuss Solid Waste Hauler Agreement
Summary Report
FlomAmendedSanitationcontract9-2020.docx
XI.D Discuss Board of Adjustment Hearing
Summary Report
DOC020923.pdf
XI.E Jacobson Law office – Request for increase to fees for
Criminal Prosecution contract.
Summary Report
DOC021023.pdf
XII. F.Y.I. - Department Updates
2
XII.A FYI
Summary Report
2-14-23 FYI.doc
XIII. COUNCIL AND STAFF GENERAL COMMENTS
XIV. ADJOURNMENT
3
AGENDA ITEM NO. III.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 14, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: Agenda
AGENDA SECTION: ADOPT AGENDA
SUBJECT: Approve Agenda
SUGGESTED ACTION: See agenda attached below.
ATTACHMENTS:
2-14-23 Agenda Council Meeting.docx
4
AGENDA
CITY COUNCIL MEETING
February 14, 2023
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 January 10, 2023
B. City Council Special Meeting Minutes of January 24, 2023
C. Approve interim $2.00 per hour temporary increase for Deputy Clerk/Administrative
Assistant
VI. PRESENTATIONS/PUBLIC HEARINGS
RECOGNITIONS/PROCLAMATIONS
A. School Bus Driver Appreciation Day Proclamation
VII. ENGINEERING
A. General Project Update
1. Pearl Creek Sanitary Sewer Improvements
2. 2023 Street Improvements Summary
A. Resolution 2023-04: Calling a Public Hearing Relating to Street
Reconstruction Plan and the Issuance of Bonds Thereunder
VIII. LEGAL
A. Nuisance Property Violation – 1 Langford Avenue Update
IX. FINANCIAL
**A. January 2023 Treasurer’s Report
**B. Payment of Claims
X. OLD BUSINESS
A. Continued discussion on Future of Depot Park
XI. NEW BUSINESS
A. Resolution 2023-03: Establishing Procedures Relating to Compliance with
Reimbursement Bond Regulations Under the Internal Revenue Code
B. Kenyon PD Body Worn Camera Policy
C. Discuss Solid Waste Hauler Agreement
5
D. Discuss Board of Adjustment Hearing
E. Jacobson Law office – Request for increase to fees for
Criminal Prosecution contract.
XII. OTHER BUSINESS
A. Schedule of Upcoming Meetings
1. KMU Meeting: Tuesday, February 21st @ 4:00 p.m.
2. City Council Meeting: Tuesday, March 14th @ 7 p.m.
3. Board of Appeal & Equalization: Thursday, April 20th @ 5:00 p.m.
XIII. COUNCIL AND STAFF GENERAL COMMENTS
XIV. ADJOURNMENT
6
AGENDA ITEM NO. V.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 14, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: Minutes
AGENDA SECTION: APPROVAL OF MINUTES and APPOINTMENTS
SUBJECT: Approval of Minutes and Appointments
SUGGESTED ACTION:
City Council Meeting Minutes of January 10, 2023
City Council Special Meeting Minutes of January 24, 2023
Approve interim $2.00 per hour temporary increase for Deputy
Clerk/Administrative Assistant
Requesting temporary increase to hourly pay rate of Deputy
Clerk/Administrative Assistant because of added
responsibilities due to resignation of Finance Clerk. The increase
will be re-evaluated after new Finance
Director is hired.
ATTACHMENTS:
1-10-23 Minutes.doc
1-24-23 City Council Special Session.doc
7
Pursuant to due call and notice thereof, a City Council Meeting was duly held in the City Council chambers
at 7:00 p.m. on the 10th day of January 2023. The meeting was called to order by Acting Mayor Ryan.
The following members were present: Council Members Kim Helgeson, Lee Sjolander, and Molly Ryan
Via Zoom: Mayor Doug Henke and Mary Bailey
Also, present: City Administrator Mark Vahlsing, Administrative Assistant Holli Gudknecht, Police Chief
Jeff Sjoblom, Engineer Derek Olinger, Finance Clerk Kathy Flikke, City Attorney Scott Riggs, Officer Brian
Homeier, Linda and Cal Bean, Todd Greseth, Tasha Homeier, Josephine Homeier, and Hailee Homeier
The Oath of Office was read by Lee Sjolander and Kim Helgeson.
The meeting opened with the Pledge of Allegiance.
CITIZEN COMMENT
Goodhue County Commissioner, Todd Greseth, gave an update on what’s happening in the County. The
County levy was finalized at a 4.69% increase for 2023.
ADOPT AGENDA
Motion by Helgeson second by Sjolander to approve the agenda.
Roll Call Vote: Henke- Aye, Sjolander – Aye, Bailey – Aye, Ryan – Aye, Helgeson - Aye
Motion carried 5-0-0.
CONSENT AGENDA
Motion by Sjolander second by Ryan to approve the Consent Agenda, which includes payment of check
numbers, 74405 through 74479; 4358E through 4415E.
Roll Call Vote: Henke- Aye, Sjolander – Aye, Bailey – Aye, Ryan – Aye, Helgeson - Aye
Motion carried 5-0-0.
PRESENTATIONS/PUBLIC HEARINGS/RECOGNITIONS/PROLAMATIONS
Police Chief Jeff Sjoblom read a letter of commendation and presented it to Officer Homeier.
ENGINEERING
General Project Update
Pearl Creek Sanitary Sewer Improvements
Engineer Olinger stated that the construction plans for the Pearl Creek Sanitary Sewer improvements are
about 50% completed. They will begin working with property owners on the needed easements in this
area soon.
2023 Street Improvements
City Engineer Olinger stated that the design work for this project will begin once the sewer project
design is completed sometime this spring.
LEGAL
Nuisance Property Violation – 1 Langford Ave. Update
Police Chief Sjoblom stated that a citation has been issued to the property owner and he has 30 days to
respond.
2023 Appointments and Designations
Economic Development Authority – 4 Year Term – Chris Mallery
Council Members – Doug Henke and Mary Bailey
Library Board – 3 Year Term – Kevin Anderson, Heidi Haugen
Planning Commission – 2 Year Term – Jim Malloy
8
Council Member – Doug Henke
Public Utility Commission – 3 Year Term – Jerry Houglum
Historic Preservation Commission (HPC) – 3 Year Term – Open
Park & Recreation – 3 Year Term – Elizabeth Engel
Council Member – Kim Helgeson
a. Acting Mayor – Molly Ryan
b. Legal Newspaper – Kenyon Leader
c. Depository – Security State Bank of Kenyon
d. City Attorney – Scott Riggs, Kennedy & Graven Chartered
e. Prosecuting Attorney – David Jacobsen, Jacobsen Law Firm
f. City Engineer – Derek Olinger, Bolton & Menk
g. City Auditor – Abdo Eich and Meyers
h. Financial Consultant – George Eilertson- Northland Securities
i. Investments – As Allowed Per Minnesota Statutes
j. Deputy Clerk – Holli Gudknecht
k. Weed Inspector – Doug Henke
l. Audit Committee – Doug Henke, Molly Ryan, Kathy Flikke, Mark Vahlsing
m. Personnel Committee – Doug Henke, Molly Ryan, and Mark Vahlsing
n. Liquor Committee – Doug Henke, Lee Sjolander, Mark Vahlsing
o. Kenyon Fire Relief Association – Doug Henke and Mark Vahlsing
Motion by Henke seconded by Helgeson to approve the 2023 committee appointments and designations.
Roll Call Vote: Henke- Aye, Sjolander – Aye, Bailey – Aye, Ryan – Aye, Helgeson - Aye
Motion carried 5-0-0.
Resolution 2023-01: Establishing License Fees and Compensation
Administrator Vahlsing stated that the 2023 fee schedule was unchanged from last year.
Motion by Bailey second by Ryan to approve Resolution 2023-01.
Roll Call Vote: Henke- Aye, Sjolander – Aye, Bailey – Aye, Ryan – Aye, Helgeson - Aye
Motion carried 5-0-0.
Annual Refuse Licenses
Flom Disposal Inc., Waste Management, Veit Container Corp (Commercial, Temporary roll off, dumpster)
Annual Recycling Licenses
Flom Disposal Inc., Goodhue County Public Works, Waste Management (Commercial Recycling).
Annual Sidewalk Obstruction Licenses
Kenyon Ace Hardware, Kenyon VFW Post 141, Mary’s Rustic Rose, Twice Found, D&S Banner, Taco
Express
Annual Dance License
Kenyon VFW Post 141
Annual Mobile Merchant License
Che Che’s Lunchera, Taco Express
Motion by Henke second by Helgeson to approve the annual refuse, recycling, sidewalk, dance, and mobile
merchant licenses.
Roll Call Vote: Henke- Aye, Sjolander – Aye, Bailey – Aye, Ryan – Aye, Helgeson - Aye
9
Motion carried 5-0-0.
Kennedy & Graven 2023 Rates for Legal Services
Attorney Riggs reviewed the rates for legal services for 2023. This increase would raise the hourly base rate
for general civil and prosecution matters from $180.00 to $188.00 an hour. The other associated rates would
also increase $9.50 to $14.00 per hour.
OLD BUSINESS
None
NEW BUSINESS
Resolution 2023-02: A Resolution Authorizing Acceptance of 2022 Donations
Motion by Bailey second by Helgeson to approve Resolution 2023-02 authorizing the acceptance of the
2022 donations of $23,281.24.
Roll Call Vote: Henke- Aye, Sjolander – Aye, Bailey – Aye, Ryan – Aye, Helgeson - Aye
Motion carried 5-0-0.
Set Council Work Session (January 25 or 26 at 6:00 pm) to Review Infrastructure Management Plan
Financial Impacts, George Eilertson – Northland Securities
Administrator Vahlsing requested that a work session be scheduled for George Eilertson and the City
Engineer to review the estimated financial impacts and payment options for the 10-year Infrastructure
management plan.
Motion by Sjolander second by Helgeson to schedule a work session on Tuesday, January 24 at 6:00 pm to
review the Infrastructure Management Plan Financial Impacts.
Roll Call Vote: Henke- Aye, Sjolander – Aye, Bailey – Aye, Ryan – Aye, Helgeson - Aye
Motion carried 5-0-0.
Proposed 8% Increase to Sanitary Sewer Rates
Administrator Vahlsing stated that an 8% increase to the 2023 Sanitary Sewer Budget was reviewed at the
work session in October 2022. An increase to existing sewer rates is necessary due to a projected shortfall.
Motion by Ryan second by Bailey to approve the proposed 8% increase to the sanitary sewer rates
beginning with the April billing period that begins March 15, 2023.
Roll Call Vote: Henke- Aye, Sjolander – Aye, Bailey – Aye, Ryan – Aye, Helgeson - Aye
Motion carried 5-0-0.
Change City Signatories at Security State Bank of Kenyon
Administrator Vahlsing stated that Council approval was needed to change signatories on the City account at
the Security State Bank of Kenyon
Motion by Henke second by Bailey to change the signatories on the City of Kenyon account at the Security
State Bank of Kenyon, deleting Dan Rechtzigel and adding Molly Ryan.
Roll Call Vote: Henke- Aye, Sjolander – Aye, Bailey – Aye, Ryan – Aye, Helgeson - Aye
Motion carried 5-0-0.
Schedule of Upcoming Meetings
KMU Meeting: Tuesday, January 17th @ 4:00 p.m.
EDA Annual Meeting: Tuesday, January 31st @ 9 a.m. at City Hall
City Council Meeting: Tuesday, February 14th @ 7 p.m.
COUNCIL AND STAFF GENERAL COMMENTS
Mayor Henke commented on the warm weather in Arizona.
10
Administrator Vahlsing welcomed Lee Sjolander to the Council.
Attorney Riggs also welcomed Lee Sjolander to the Council.
Council Member Ryan welcomed Lee Sjolander and congratulated Officer Homeier on his recognition.
Council Members Helgeson and Sjolander congratulated Officer Homeier on his recognition.
Motion by Helgeson second by Henke to adjourn the meeting at 7:28 p.m.
Roll Call Vote: Henke- Aye, Sjolander – Aye, Bailey – Aye, Ryan – Aye, Helgeson - Aye
Motion carried 5-0-0.
Holli Gudknecht, Administrative Assistant Molly Ryan, Acting Mayor
11
Pursuant to due call and notice thereof, a City Council work session was duly held in the City Council
chambers at 6:00 p.m. on the 24th day of January 2023. The meeting was called to order by Acting Mayor
Ryan. The following members were present: Mary Ryan and Kim Helgeson
Via Zoom: Mayor Doug Henke
Absent: Lee Sjolander, Mary Bailey
Also, present: Administrator Mark Vahlsing, City Engineer Derek Olinger, George Eilertson of Northland
Securities, Peter Meidal of Northland Securities, KMU Supervisor Randy Eggert, Finance Clerk Kathy
Flikke, and Public Works Director Wayne Ehrich
Acting Mayor Ryan called the Council work session to order at 6:05 pm
Presentation - Financial Management Plan for Capital Improvements - George Eilertson, Northland
Securities and Derek Olinger, City Engineer.
George Eilertson presented an update to the Capital Improvement Financial Management Plan based on
Bolton & Menk’s 2022 infrastructure management plan updates. The plan showed the timing and impact of
the projects listed in the Infrastructure Management Study. The Financial Management plan focused on the
impact of the infrastructure projects on the tax levy and utility rates. Engineer Olinger stated that cost
estimates were applied to all the projects so capital improvement projects can be selected in order of
importance.
Motion by Helgeson second by Ryan to adjourn the meeting at 7:10 p.m. Motion carried 3-0-0.
Holli Gudknecht, Administrative Assistant Molly Ryan, Acting Mayor
12
AGENDA ITEM NO. VI.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 14, 2023
SUBMITTED BY: Mark Vahlsing
ITEM TYPE: Miscellaneous
AGENDA SECTION: PRESENTATIONS/PUBLIC HEARINGS
RECOGNITIONS/PROCLAMATIONS
SUBJECT: School Bus Driver Appreciation Day Proclamation
SUGGESTED ACTION: February 22, 2023, School Bus driver Appreciation Day. See
attached proclamation below.
ATTACHMENTS:
Proclamation- Kenyon.docx
13
WHEREAS: In darkness and daylight, on dirt roads and multi-lane
highways, from the warm spring to the frigid winter, Minnesota school
bus drivers safely transport more than 682,000 cherished students to and
from school and activities each day; and
WHEREAS: Minnesota school bus drivers play a crucial role in our
school systems and are important figures in children’s lives, often
bookending a student’s day at school and serving as a positive influence
on their educational experience; and
WHEREAS: Nearly every school district in the state faces a bus driver
shortage and is seeking dedicated professionals to serve in these
fulfilling, flexible jobs; and
WHEREAS: The school bus driving industry is the largest form of mass
transit in Minnesota and has worked hard to reduce its environmental
impact by using alternative fuels and retrofit diesel engines; and
WHEREAS: Students are nearly eight times safer riding to and from
school in a school bus than in cars, thanks to rigorous safety standards
for vehicles and drivers, as well as student training efforts; and
WHEREAS: The State of Minnesota appreciates school bus drivers and
recognizes the invaluable contributions they make to public education
and student safety. Today, we recognize these worthy professionals.
Now, THEREFORE, the CITY OF KENYON, does hereby proclaim
Wednesday, February 22, 2023, as:
SCHOOL BUS DRIVER APPRECIATION DAY
14
AGENDA ITEM NO.
VII.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 14, 2023
SUBMITTED BY: Mark Vahlsing, Engineering
ITEM TYPE: Engineering
AGENDA SECTION: ENGINEERING
SUBJECT: Pearl Creek Sanitary Sewer Improvements
SUGGESTED ACTION: The City Engineer will provide an update on the Pearl Creek project.
See memo attached below for more information.
ATTACHMENTS:
01.1_Pearl Creek Sewer Project Update.pdf
15
Pearl Creek Sanitary Sewer Improvements
Construction plan and design work is approximately 75% complete as of this week. There have been some delays in
getting soil borings completed this winter, however this work should be completed prior to the next meeting so we can
wrap up the design in mid- to late March.
During the early design process, we discovered an issue with the original forcemain route within 2 nd Street, which would
lead to capacity issues within downstream sewers. Since this time we have modified the forcemain route as depicted in the
figure below. This change should not result in an increase to total project costs, however a few additional easements will
be necessary.
We have started conversations with all property owners in the project area regarding easements. I will provide additional
verbal updates regarding easements at the upcoming meeting.
Requested Action:
None – for information only.
H:\KENYON_CI_MN\_General\Council Meetings\2023\02 - Feb 2023\01.1_Pearl Creek Sewer Project Update.docx
16
AGENDA ITEM NO.
VII.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 14, 2023
SUBMITTED BY: Mark Vahlsing, Engineering
ITEM TYPE: Engineering
AGENDA SECTION: ENGINEERING
SUBJECT: 2023 Street Improvements Summary
SUGGESTED ACTION: The City Engineer will provide an update on the 2023 street project.
See attached memo below for more information.
ATTACHMENTS:
02.1_2023 Street Project Update.pdf
02.2_DRAFT St Recon-Overlay Plan_v1.pdf
17
2023 Street Improvements Summary
This project is planned to be financed using general obligation street reconstruction bonds. This funding tool will require a
few steps to meet statutory requirements, including a public hearing and approval of a 5-year street reconstruction and
overlay plan.
A draft of the reconstruction and overlay plan is attached for reference. This plan describes the projects to be financed,
estimated costs, and other project planned over the next five years. To summarize, this plan is essentially a summary of
the information contained within the infrastructure management plan.
Below is the planned schedule for approving the street reconstruction plan.
Regular February Meeting:
Brief review of draft Street Reconstruction and Overlay Plan: 2023-2027
Schedule public hearing
Regular March Meeting:
Hold public hearing
Approve Street Reconstruction Plan
Please Note: The infrastructure management plan and subsequent analysis by the City’s financial advisor has the 2023
Street Improvement project budgeted at approximately $515,000. The attached resolution references a cost of $650,000,
which reflects our most recent estimates for the project, including the Washington and State Street alternate work. The
increased amount does not commit the City to increased spending, but rather allows the city to borrow a greater amount
without the need for another public hearing, if the council wishes to do so once bids are received.
Requested Action:
Approval of Resolution Calling a public hearing relating to Street Reconstruction Plan and issuance of bonds
thereunder.
H:\KENYON_CI_MN\_General\Council Meetings\2023\02 - Feb 2023\02.1_2023 Street Project Update.docx
18
City of Kenyon
Street Reconstruction and Overlay Plan: 2023-2027
Introduction
The City of Kenyon has an Infrastructure Management Plan which is updated with each major street and/or utility
project undertaken, and was last updated and approved in August 2022. Part of this plan includes the maintenance,
rehabilitation and reconstruction of streets, generally consisting of Seal coating and crack filling, pavement patching,
milling/reclaiming and repaving, full street reconstructions, and repair of items incidental to street work (curbs,
sidewalks, castings).
The purpose of this plan is to satisfy funding requirements of the project under Minn. Statute 475.58, for the use of
street reconstruction bond(s).
Justification
Pavement management and projects are generally recommended based on the following:
Good or better Condition Streets: Maintenance (crack filling and seal coating) on 7-year rotation
Medium Condition Streets: Overlay within 5-10 years of initial assessment
Poor Condition Streets: Reconstruction as financially feasible
Additional considerations for pavement management are also taken into account, as described in the current
infrastructure management plan.
Proposed Capital Improvements & Cost Estimates
The 2023 – 2027 Street Reconstruction and Overlay plan includes priority street rehabilitations and reconstructions. It is
anticipated that the 2023 project will be funded using general obligation street reconstruction bonds. Annual street
maintenance projects are not listed since this work is typically funded out of the annual budget and not financed.
Financing for other projects beyond 2023 will be determined on a case-by-case basis and will likely include additional
general obligation bonds and additional capital fund spending.
Year Street Type Est. Costs
Bullis St (1st – 2nd), Washington St (2nd – 3rd, 4th – 5th, 7th – S. End),
2023 Overlay1 $650,0002
State St (7th – S. End), 7th St (6th – Spring), 8th St (Bullis – Forest)
2024 - - -
CSAH 12 (2nd Street – Old Tressel), Langford Ave (Pine – Mogren
2025 Reconstruction $1,780,000
Hill), 5th St (Spring – Bullis)
2026 - - -
2027 - - -
1 Overlay work generally consisting of patching, reclaiming/milling & repaving, and incidental work
2 Includes an estimated $135,000 of alternate street work. Costs do not include unrelated utility work planned for 2023.
3 Costs include planned utility & drainage work for streets listed. Total costs are reported in present value 2023 dollars. Stand-alone utility
improvements are not reported.
The estimated costs reported above include construction, engineering, administration and financing costs. This plan is
intended to be updated on a regular basis, as needed for future financing.
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.
DRAFT – 2/9/2023
Prepared by: Bolton & Menk, Inc.
Derek P Olinger License No. 54287 Date: 02/09/2023
H:\KENYON_CI_MN\0H1127340\2_Preliminary\C_Reports\Street
Reconstruction & Overlay Plan_v1.docx 19
AGENDA ITEM NO.
VII.C
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 14, 2023
SUBMITTED BY: Mark Vahlsing, Engineering
ITEM TYPE: Engineering
AGENDA SECTION: ENGINEERING
SUBJECT: Resolution 2023-04: Calling a Public Hearing Relating to Street
Reconstruction Plan and the Issuance of Bonds Thereunder
SUGGESTED ACTION:
As part of the bond financing for the upcoming street reconstruction a
public hearing is required. The City is authorized by Minnesota
Statutes to issue bonds to finance streets improvements. The
resolution calling for the hearing is attached below. The public
hearing would be held at the March 14 Council meeting. The City
Engineer will provide more information at the Council meeting.
MOTION NEEDED
ATTACHMENTS:
Resolution 2023-04 Calling a Public Hearing Relating to Street Reconstruction Plan and the Issuance of
Bonds Thereunder.DOCX
20
RESOLUTION NO. 2023-04
CITY OF KENYON
COUNTY OF GOODHUE
STATE OF MINNESOTA
RESOLUTION CALLING A PUBLIC HEARING RELATING
TO STREET RECONSTRUCTION PLAN AND THE
ISSUANCE OF BONDS THEREUNDER
BE IT RESOLVED by the City Council (“Council”) of the City of Kenyon, Goodhue County,
Minnesota (“City”), as follows:
Section 1. Background; Findings.
1.01. The Council has found and determined that certain streets in the City are in need of
reconstruction, repair and improvement.
1.02. The City is authorized by Minnesota Statutes, Section 475.58, subdivision 3b (the
“Act”), to prepare a plan for reconstruction or overlay of streets in the City over the next five years,
including a description of the affected streets and estimated costs (the “Plan”), and to issue general
obligation bonds to finance the cost of street reconstruction activities described in the Plan.
1.03. Pursuant to the Act, the City is required to hold a public hearing regarding the Plan
and issuance of the bonds thereunder.
1.04. The City now finds that it is necessary to prepare a Plan setting forth proposed street
reconstruction projects in the City for the years 2023-2027, and to provide for the issuance of general
obligation bonds thereunder in an aggregate principal amount not to exceed $650,000 (the “Bonds”),
to finance certain costs of the Plan, and further finds and determines that it is in the best financial
interests of the City that the City hold a public hearing on the Plan and the issuance of Bonds as
provided in the Act.
Section 2. Public Hearing Authorized.
2.01. The City hereby authorizes its staff and consultants to prepare the Plan for street
reconstruction projects in the City over the five-year period in accordance with the Act, and to place
a copy of the Plan on file with the City Administrator by no later than the date of publication of the
hearing notice.
2.02. As required by the Act, a public hearing on the Plan and the issuance of the Bonds to
finance the cost of street reconstruction activities described therein will be conducted at City Hall on
March 14, 2023, commencing at 7:00 P.M. The City Administrator is authorized and directed to
KE200\204\855423.v1
21
cause notice of the hearing to be published in substantially the form attached hereto as Exhibit A not
less than ten (10) nor more than twenty-eight (28) days prior to the date of the hearing.
2.03. City staff and consultants are authorized to take all other actions needed to bring the
Plan and issuance of the Bonds before the City Council.
Sec. 3. Miscellaneous.
3.01. As provided in the Act, the Bonds, in an aggregate principal amount not to exceed
$650,000, will not be issued without the approval of a majority of the voters at a special election if
within thirty (30) days after approval of the Plan and authorization of the issuance of the Bonds, a
petition requesting such an election signed by a number of voters equal to five percent (5%) of the
votes cast in the last previous City general election, is filed with the City Administrator.
Adopted by the City Council of the City of Kenyon, Minnesota, this 14th day of February
2023.
Molly Ryan, Acting Mayor
Attest:
Mark Vahlsing, City Administrator
KE200\204\855423.v1
22
EXHIBIT A
CITY OF KENYON
GOODHUE COUNTY, MINNESOTA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Kenyon, Minnesota will
conduct a public hearing at the City Hall, 709 2nd St, Kenyon, Minnesota on Tuesday, March 14,
2023, commencing at 7:00 P.M to consider a proposal concerning: (1) the adoption of a five-year
street reconstruction plan (the “Plan”); and (2) the issuance of general obligation street reconstruction
bonds (the “Bonds”) to finance the reconstruction of certain streets in the City, all pursuant to
Minnesota Statutes, Section 475.58, subdivision 3b. The Bonds will be issued in an aggregate
principal amount not to exceed $650,000. A draft copy of the Plan is on file with the City
Administrator and is available for public inspection at City Hall during regular business hours. The
City may accept an offer to purchase the Bonds, and the City may sell the Bonds, at a price that results
in the receipt of original issue premium in any amount.
The Bonds will not be issued without approval of the voters at a special election if within
thirty (30) days after adoption of the resolution approving the Plan and authorizing issuance of the
Bonds, a petition requesting such an election is signed by a number of voters equal to five percent
(5%) of the votes cast in the last previous general City election and is filed with the City
Administrator.
At the time and place fixed for the public hearing, the City Council will give all persons who
appear at the hearing an opportunity to express their views with respect to the proposal. In addition,
interested persons may direct any questions or file written comments respecting the proposal with the
City Administrator, at or prior to said public hearing.
BY ORDER OF THE CITY COUNCIL OF
THE CITY OF KENYON, MINNESOTA
/s/ Mark Vahlsing
City Administrator
Published: March 1, 2023.
KE200\204\855423.v1
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AGENDA ITEM NO.
VIII.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 14, 2023
SUBMITTED BY: Mark Vahlsing, Legal
ITEM TYPE: Legal
AGENDA SECTION: LEGAL
SUBJECT: Nuisance Property Violation – 1 Langford Avenue Update
SUGGESTED ACTION: The City Attorney will provide an update at the Council meeting.
ATTACHMENTS:
24
AGENDA ITEM NO. X.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 14, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: Old Business
AGENDA SECTION: OLD BUSINESS
SUBJECT:
Continued discussion on Future of Depot Park
SUGGESTED ACTION: Attached is an estimate from L&M Construction for improvements at
the depot. The estimate would cover replacement of doors, kitchen
renovations, and flooring. The estimated cost would be $13,949.
There would also need to be other improvements including (but not
limited to) electric upgrades, paint and new furnishings. The total
costs would probably be somewhere in the range of $25,000. The
Park Board's recommendation would be to repair the depot and seek
donations to assist with the cost.
ATTACHMENTS:
Est_1465_from_LM_Construction_Co._15832.pdf
25
L&M Construction Co.
1156 Mantorville Rd
Kenyon, MN 55946
Estimate
Josh 507-251-4948 lmconstruction89@gmail.com Date Estimate #
Greg 507-351-0079 greg.lmconstruction@gmail.com
11/8/2022 1465
License # BC672239
Name / Address
Kenyon Depot
Description Total
Remove front and back door 2,487.00
Install new 6 panel Bayer Built outswing door
Install insulation and reinstall trim
Remove all cabinets 4,779.00
Install new base cabinets to match
Install new formica countertop
Install new stainless steel sink and faucet
Install shelving above countertops
Install OSB sheathing to entire floor 6,683.00
Install 2 coats of poly over the top
Thanks we look forward to working with you! Total $13,949.00
26
AGENDA ITEM NO. XI.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 14, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Resolution 2023-03: Establishing Procedures Relating to
Compliance with Reimbursement Bond Regulations Under the
Internal Revenue Code
SUGGESTED ACTION: The adoption of the reimbursement resolution is required so the City
can repay previously incurred costs related to the upcoming Street
Overlay and Pearl Creek Sewer Projects. See attached resolution.
MOTION NEEDED
ATTACHMENTS:
Resolution 2023-03 ESTABLISHING PROCEDURES.doc
27
RESOLUTION NO. 2023-03
CITY OF KENYON
COUNTY OF GOODHUE
STATE OF MINNESOTA
RESOLUTION ESTABLISHING PROCEDURES
RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE
BE IT RESOLVED by the City Council (the "Council") of the City of Kenyon, Minnesota
(the "City"), as follows:
1. Recitals.
(a) The Internal Revenue Service has issued Treasury Regulations, Section
1.150-2 (as the same may be amended or supplemented, the "Regulations"), dealing with
"reimbursement bond" proceeds, being proceeds of bonds used to reimburse the City for
any project expenditure paid by the City prior to the time of the issuance of those bonds.
(b) The Regulations generally require that the City (as the issuer of or the
primary obligor under the bonds) make a declaration of intent to reimburse itself for such
prior expenditures out of the proceeds of subsequently issued bonds, that such declaration
be made not later than 60 days after the expenditure is actually paid, and that the bonding
occur and the written reimbursement allocation be made from the proceeds of such bonds
within 18 months after the later of (1) the date of payment of the expenditure or (2) the
date the project is placed in service (but in no event more than 3 years after actual
payment).
(c) The City heretofore implemented procedures for compliance with the
predecessor versions of the Regulations and desires to amend and supplement those
procedures to ensure compliance with the Regulations.
(d) The City's bond counsel has advised the City that the Regulations do not
apply, and hence the provisions of this Resolution are intended to have no application, to
payments of City project costs first made by the City out of the proceeds of bonds issued
prior to the date of such payments.
2. Official Intent Declaration. The Regulations, in the situations in which they
apply, require the City to have declared an official intent (the "Declaration") to reimburse itself
for previously paid project expenditures out of the proceeds of subsequently issued bonds. The
Council hereby authorizes the Administrator to make the City's Declarations or to delegate from
time to time that responsibility to other appropriate City employees. Each Declaration shall
comply with the requirements of the Regulations, including without limitation the following:
1382917v1
28
(a) Each Declaration shall be made not later than 60 days after payment of the
applicable project cost and shall state that the City reasonably expects to reimburse itself
for the expenditure out of the proceeds of a bond issue or similar borrowing. Each
Declaration may be made substantially in the form of the Exhibit A which is attached to
and made a part of this Resolution, or in any other format which may at the time comply
with the Regulations.
(b) Each Declaration shall (1) contain a reasonably accurate description of the
"project," as defined in the Regulations (which may include the property or program to be
financed, as applicable), to which the expenditure relates and (2) state the maximum
principal amount of bonding expected to be issued for that project.
(c) Care shall be taken so that the City, or its authorized representatives under
this Resolution, not make Declarations in cases where the City doesn't reasonably expect
that reimbursement bonds will be issued to finance the subject project costs, and the City
officials are hereby authorized to consult with bond counsel to the City concerning the
requirements of the Regulations and their application in particular circumstances.
(d) The Council shall be advised from time to time on the desirability and
timing of the issuance of reimbursement bonds relating to project expenditures for which
the City has made Declarations.
3. Reimbursement Allocations. If the City is acting as the issuer of the
reimbursement bonds, the designated City officials shall also be responsible for making the
"reimbursement allocations" described in the Regulations, being generally written allocations that
evidence the City's use of the applicable bond proceeds to reimburse the original expenditures.
4. Effect. This Resolution shall amend and supplement all prior resolutions and/or
procedures adopted by the City for compliance with the Regulations (or their predecessor
versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution
shall apply and govern.
Adopted this 14th day of February, 2023, by the Kenyon City Council.
1382917v1 2
29
CERTIFICATION
The undersigned, being the duly qualified and acting Administrator of the City of
Kenyon, Minnesota, hereby certifies the following:
The foregoing is true and correct copy of a Resolution on file and of official, publicly
available record in the offices of the City, which Resolution relates to procedures of the City for
compliance with certain IRS Regulations on reimbursement bonds. Said Resolution was duly
adopted by the governing body of the City (the "Council") at a regular meeting of the Council
held on February 14, 2023. Said meeting was duly called, regularly held, open to the public, and
held at the place at which meetings of the Council are regularly held. Councilmember
moved the adoption of the Resolution, which motion was seconded by Councilmember
. A vote being taken on the motion, the following members of the Council voted in favor of the
motion to adopt the Resolution:
Henke
Ryan
Sjolander
Helgeson
Bailey
and the following voted against the same:
None
Whereupon said Resolution was declared duly passed and adopted. The Resolution is in full
force and effect and no action has been taken by the Council which would in any way alter or
amend the Resolution.
WITNESS MY HAND officially as the Administrator of the City of Kenyon, Minnesota,
this 14th day of February, 2023.
____________________________________
Administrator
City of Kenyon, Minnesota
3
1382917v1
30
EXHIBIT A
Declaration of Official Intent
The undersigned, being the duly appointed and acting Administrator of the City of
Kenyon, Minnesota (the "City"), pursuant to and for purposes of compliance with
Treasury Regulations, Section 1.150-2 (the "Regulations"), under the Internal Revenue
Code of 1986, as amended, hereby states and certifies on behalf of the City as follows:
1. The undersigned has been and is on the date hereof duly authorized by the
Kenyon City Council to make and execute this Declaration of Official Intent (the
"Declaration") for and on behalf of the City.
2. This Declaration relates to the following project, property or program (the
"Project") and the costs thereof to be financed:
- PEARL CREEK SANITARY SEWER MAIN REPLACEMENT
- 2023 STREET REPAIR PROJECT
3. The City reasonably expects to reimburse itself for the payment of certain
costs of the Project out of the proceeds of a bond issue or similar borrowing (the
"Bonds") to be issued after the date of payment of such costs. As of the date hereof, the
City reasonably expects that $2,500,000 is the maximum principal amount of the Bonds
which will be issued to finance the Project.
4. Each expenditure to be reimbursed from the Bonds is or will be a capital
expenditure or a cost of issuance, or any of the other types of expenditures described in
Section 1.150-2(d)(3) of the Regulations.
5. As of the date hereof, the statements and expectations contained in this
Declaration are believed to be reasonable and accurate.
Date: February 14, 2023
Administrator
City of Kenyon, Minnesota
1382917v1 A-1
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AGENDA ITEM NO. XI.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 14, 2023
SUBMITTED BY: Mark Vahlsing, Police
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Kenyon PD Body Worn Camera Policy
SUGGESTED ACTION: Chief Sjolander is seeking Council adoption of policies covering the
use of Body cameras by officers, The Chef is looking at options for
the purchase of cameras. He will provide more information at the
Council meeting. A copy of the proposed camera policy is attached.
The City Attorney has also reviewed the policies.
MOTION NEEDED
ATTACHMENTS:
Body worn camera policy.pdf
32
33
34
35
36
37
38
39
AGENDA ITEM NO. XI.C
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 14, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Discuss Solid Waste Hauler Agreement
SUGGESTED ACTION: The current agreement for Solid Waste (trash) hauling expires June
30, 2023. The Council has option to extend the contract 2 or 3 years.
It can also authorize staff to advertise for quotes. The City attorney
may also have other comments on this process. A copy of the current
contract is attached below.
ATTACHMENTS:
FlomAmendedSanitationcontract9-2020.docx
40
AMENDED AND RESTATED LICENSE AGREEMENT
THIS AMENDED AND RESTATED LICENSE AGREEMENT (the “Agreement”) is
entered into this 12th day of August, 2020, by and between the City of Kenyon, located at 709 2nd
Street, Kenyon, Minnesota 55946 (hereinafter "City") and Flom Disposal, Inc., a Minnesota business
corporation, located at 5865 Kenyon Boulevard, Faribault, MN 55021 (hereinafter "Flom Disposal”).
WITNESSETH:
WHEREAS, the parties entered into a License Agreement on June 28, 2018, and now
desire to amend such License Agreement as set forth in this Agreement;
WHEREAS, consistent with Kenyon City Code Section 1115 and City of Kenyon
Administrative Policy No. 24, the City and Flom Disposal desire to enter into this Agreement and
transfer an existing license for garbage and refuse collection within the City to Flom Disposal; and
WHEREAS, both the City and Flom Disposal have concluded that it is in the best interests of
both parties to enter into the following Agreement, including the terms and conditions hereinafter set
forth.
NOW, THEREFORE, the parties hereto do mutually agree as set forth below:
A. Terms and Conditions for License.
1. Consistent with Kenyon City Code Section 1115, Kenyon Administrative Policy
No. 24 and Minnesota statutes, the City agrees to transfer and issue a collector license to
collect garbage or refuse in the City to Flom Disposal, as provided in this Agreement.
2. Flom Disposal shall (a) have water-tight, packer-type vehicles in good condition to
prevent loss in transit of liquid or solid cargo; (b) keep all vehicles clean and as free from
offensive odors as possible and not allow vehicles to stand in any street longer than reasonably
necessary to collect garbage or refuse; and (c) all vehicles shall be dumped or unloaded only
at a designated sanitary landfill.
3. Flom Disposal must file with the city administrator evidence of public liability
insurance on all vehicles used and in operations by Flom Disposal. The minimum limits of
coverage of such insurance shall be:
a) Each person injured, at least $1,000,000.00;
b) Each accident, at least $1,000,000.00;
c) Property damage, at least $300,000.00;
d) Workers’ compensation with statutory limits on all employees.
Any insurance policy required under this section shall remain in full force and effect at all
times that Flom Disposal is licensed by the City. All policies shall contain a provision
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DOCSOPEN\KE200\51\673859.v1-9/8/20
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requiring the City to be notified at least 30 days prior to the expiration or cancellation of any
insurance policy. Failure to carry the required insurance shall be grounds for termination of
the license and this Agreement.
4. In the interest of maintaining healthful and sanitary conditions in the City, the City
may specify and assign certain areas for scheduled pick up on dates as determined by the City.
Scheduled pick-up of garbage and refuse shall occur no earlier than 7:30 a.m.
5. The term of this license and this Agreement shall be for three years, from July 1, 2018
through June 30, 2021, unless terminated earlier as provided herein, and with an option to
extend this license and Agreement for an additional two-year time period in the sole discretion
of the City.
6. A schedule of rates to be charged during the licensed period is set forth in Section B
below. Flom Disposal may petition the council for review of such rates 24 months from the
original date of this Agreement. Any requested increase in rates shall be submitted to the City
in writing, at least 90 days, or such other timeframe as set forth in the Goodhue County
Waste Designation Ordinance, whichever timeframe is shorter, prior to the proposed
implementation date for any rate increase. A request for rate increase by Flom Disposal shall
include all information necessary to support the proposed adjustment, as well as any other
information requested by the City including comparative rates in surrounding communities.
Any rate increases must be approved by the council. Prior to voting on any proposed rate
increase, the City may hold a public hearing, preceded by 10 days’ published notice. Flom
Disposal may not charge rates in excess of the rates approved by the City. The pricing system
to be used by Flom Disposal shall be based upon the volume of the garbage or other refuse
collected.
7. Flom Disposal acknowledges that the license to collect and haul garbage within the
City is subject to all terms and conditions contained in this Agreement, Kenyon City Code
Section 1115, City of Kenyon Administrative Policy No. 24 and Minnesota Statutes, with
both Section 1115 and Administrative Policy No. 24 being incorporated into this Agreement
by reference as if fully set forth herein.
8. Flom Disposal must maintain a current Goodhue County Refuse Hauler License during
the term of this agreement. Flom Disposal shall procure, at its own expense, all licenses,
permits or other rights, required for the provision of services contemplated by the agreement.
Flom Disposal shall inform the City of any changes in the above within five (5) days of
occurrence.
B. Rates and Billing.
1. City customers that pay the family garbage rate will get a 96 gallon cart and those
that pay the single/senior rate will get a 64 gallon cart. There shall be no charge for carts,
and the cart must remain with the property should the customer move. (If the customer
takes the cart, the customer will be charged for it.)
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2. Base Rates. Base rates per month are determined when applying for utility service:
a. Single / Senior (62 or over): $17.31
b. Family: $24.78
The rates provided herein are effective November 10, 2020 and constitute rate increases
from the initial License Agreement terms and rates based upon cost increases resulting
from the Goodhue County Waste Designation Ordinance, as well as an included rate
increase equal to the Consumer Price Index as contemplated by Paragraph B.4. of this
Agreement.
3. Fuel Surcharge. In order to provide the most cost-effective solution for the City,
the following separator for fuel prices shall apply. If diesel fuel remains below $3.50 per
gallon, the fuel surcharge shall be 0 percent. If diesel fuel is at or above $3.50 per gallon,
the following fuel surcharge percentages shall apply to the base rate:
Diesel Fuel Price per Gallon Fuel Surcharge
<$3.50 0 percent
$3.50 to $3.74 2 percent
$3.75 to $3.99 4 percent
For every $0.25 per gallon increase The Fuel Surcharge will increase by 1%
above $3.99
The published index for determining monthly diesel fuel prices will be the Department of
Energy’s (DOE) “Weekly Retail On-Highway Diesel Prices” for the Midwest region. The
price published for the first Monday of the month will be used as that month’s diesel fuel
price. The prices can be viewed at the DOE’s website:
http://www.eia.gov/petroleum/gasdiesel/
4. The rates set forth in Section B.2. and B.3. of this Agreement shall not increase for
twenty-four (24) months from the starting date of this agreement. Upon the request of
Flom Disposal, consistent with the terms of this Agreement and City Code Section 1115,
a rate increase equal to the Consumer Price Index may be allowed after the first twenty-
four months of this Agreement. Any subsequent increase requests must be approved by
the City Council under the terms of this agreement.
5. The City will conduct all billing for garbage collections. Said billing will be part
of the residential monthly utility bill. All billing amounts collected shall be forwarded to
Flom Disposal within 30 days. The City will attempt to collect all past due billings but will
not guarantee the amount forwarded to the City each month. Flom Disposal shall pay the
City $800.00 per month to cover the City’s costs for billing associated with this Agreement.
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C. Garbage Collection.
1. Garbage Pickup Schedule. The weekly garbage pickup schedule will be approved
by City Council, in its sole discretion, and memorialized in City of Kenyon Administrative
Policy No. 24. The current pickup day is Wednesday. Any requested schedule changes shall
be submitted in writing to the City for consideration by the City Council. Flom Disposal
shall bear all costs involved in notifying customers of approved schedule changes.
2. Use of Garbage Carts:
a. All garbage must be in the cart.
b. Carts must be placed at the end of a driveway, with the opening of the lid
facing the street.
c. Three feet of space must be provided around the cart.
d. Items that do not fit into the cart will not be collected with the regular
garbage unless the customer has contacted Flom Disposal ahead of time to
arrange for pickup. (There may be an additional fee charged at the time of
any extra pickup.)
3. Interruption of Garbage Service. No charges will be incurred for any billing period
if there is an absence of at least 30 consecutive days. All interruptions in service must be
approved in advance by the City.
D. Compliance. Flom Disposal’s operations and activities shall be in compliance with all
court orders, law, statutes, ordinances, executive orders, or regulations promulgated by a
governmental authority having jurisdiction.
E. License Fee. The annual fee for this license shall be set by City resolution and shall not be
prorated. Subsequent annual payments of the license fee shall be paid by the first working
day of each year. Failure to pay the license fee shall be grounds for termination of the license
and this Agreement. In determining the amount of the license fee, the City shall include all
costs incurred by the City to administer the license and to enforce City Code provisions
relating to refuse collection.
F. No Customer Contracts. City customers shall not be required to enter into a contract or other
term agreement with Flom Disposal to receive service pursuant to this license and this
Agreement.
G. Missed Pick-ups/customer complaints. Whenever a customer notifies Flom Disposal, or the
City, of a location which did not receive scheduled service, Flom Disposal shall service such
location no later than the day following the customer notification. All customer complaints
made to Flom Disposal shall be answered promptly and courteously, and a record of said
complaints shall be maintained by Flom Disposal and provided to the City upon demand.
Flom Disposal shall meet with City staff at least quarterly to address any customer complaints
regarding Flom Disposal’s performance of refuse collection, hauling or disposing.
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H. Assignability of license. The license issued by the City and this Agreement may not be
assigned or transferred in whole or in part by Flom Disposal unless the City gives its approval
prior to any proposed assignment or transfer. Any attempt to assign or transfer the license in
whole or in part without prior approval of the City shall be grounds for termination of the
license and this Agreement.
I. Termination or Revocation. The license and Agreement may be terminated by the City, in its
sole discretion, by providing 90 days’ written notice to Flom Disposal. The license and
Agreement may be revoked immediately upon occurrence of any of the following:
1. Flom Disposal fails to comply with the provisions of the Agreement, or is in violation of
city or county ordinances, state or federal laws or regulations; or
2. The City determines that Flom Disposal’s performance of refuse collection, hauling or
disposal is unsatisfactory.
J. Hold Harmless and Indemnification; No Waiver by the City. Flom Disposal agrees to defend,
indemnify and hold the City, its officials, employees, agents and contractors harmless from
any liability, claims, damages, costs, judgments, or expenses, including reasonable attorneys’
fees, resulting directly or indirectly from an act or omission (including without limitation
professional errors or omissions) of Flom Disposal, its agents, employees, or subcontractors
in the performance of the services provided by this Agreement and against all losses by reason
of the failure of Flom Disposal fully to perform, in any respect, all obligations under this
Agreement.
By issuing this license or entering into this Agreement, the City does not waive its entitlement
to any immunities under Minnesota statutes, case law or common law.
K. Severability. If any clause, sentence or section of this license and Agreement is deemed
invalid by any judicial, regulatory or legislative body having proper jurisdiction, the
remaining provisions shall not be affected.
L. Subcontractors. Flom Disposal shall not enter into subcontracts for services provided under
this license and this Agreement without the express written consent of the City.
M. Assignment. Flom Disposal shall not assign this license or this Agreement or any interest
arising herein without the express approval and written consent of the City.
N. Records Access. Flom Disposal shall provide the City access to any books, documents,
papers, and records which are directly pertinent to the license or this Agreement, for the
purpose of making audit, examination, excerpts, and transcriptions, for three years after final
payments and all other pending matters related to this license and this Agreement are closed.
O. City Expenses. Flom Disposal shall reimburse the City for all expenses associated with
development of this Agreement.
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P. Data Practices Act Compliance. Data provided to the City concerning this matter and/or under
this Agreement shall be administered in accordance with Minnesota Statutes, Chapter 13, and
all data on individuals or license applicants shall be maintained in accordance with statutory
guidelines. The parties acknowledge that this Agreement is public data.
Q. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance
with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of
this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
R. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments
signed by the parties shall constitute the entire agreement between City and Flom Disposal,
and supersedes any other written or oral agreements between City and Flom Disposal. This
Agreement can only be modified in writing signed by City and Flom Disposal.
S. Execution in Counterparts. This Agreement may be executed in counterparts by the parties
hereto.
[Signature page to follow]
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IN WITNESS WHEREOF, the City and Flom Disposal have approve this Agreement the day
and year first written above.
CITY OF KENYON
Dated: ____________, 2020. By: __________________________________
Douglas Henke, Mayor
Dated: ____________, 2020. By: __________________________________
Mark R. Vahlsing
City Administrator
FLOM DISPOSAL, INC.
Dated: ____________, 2020. By: __________________________________
Its: __________________________________
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AGENDA ITEM NO. XI.D
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 14, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Discuss Board of Adjustment Hearing
SUGGESTED ACTION:
After checking with the Goodhue County Auditor's office, it found
that the current City Council does not have any trained members. As
a result, the Board of Adjustment will have be an open book for 2023
and 2024. This means that the Assessor's office staff will conduct the
Board of Adjustment meeting instead of the Council. The meeting
will still be held in the Council room at City Hall. The Assessor's
office had previously thought that Dan Rechtzigel was still on the
Council.
Overall, the open book does not really change anything. When local
City Councils hold the Board of Adjustment the appeals would still
go to the County. If the Council wants to hold its own Board of
Adjustment at least one member will need to take the training later in
the year. The only other City's that still have their own Board of
Adjustment this year are Pine Island and Bellchester. All the other
City's in the County just hold open book with the County. Their
Councils can still attend the meeting and have input. It appears that
is the better option. This year's Board of Adjustment will be held
Thursday April 20 at 6:00 pm. See attached message below from
the Goodhue County Assessor.
ATTACHMENTS:
DOC020923.pdf
48
49
50
AGENDA ITEM NO. XI.E
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 14, 2023
SUBMITTED BY: Mark Vahlsing, Legal
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Jacobson Law office – Request for increase to fees for
Criminal Prosecution contract.
SUGGESTED ACTION: Prosecuting attorney Jacobson is requesting a $100 increase per
month in the contract with the City. The annual cost would crease
from $12,600 to $13,800. The cost increase is needed due to the
growth in the criminal prosecution workload. See message attached
below.
MOTION NEEDED
ATTACHMENTS:
DOC021023.pdf
51
52
AGENDA ITEM NO.
XII.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 14, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: Agenda
AGENDA SECTION: F.Y.I. - Department Updates
SUBJECT: FYI
SUGGESTED ACTION: FYI
ATTACHMENTS:
2-14-23 FYI.doc
53
February 14, 2023
FOR YOUR INFORMATION. . .
This section is to highlight projects and events that do not require Council action but are necessary to keep you informed.
Department reports and commission/committee minutes will be contained in this section.
Library Report
Liquor Store Report
No Report
Police Dept. Report
KMU
Agenda and minutes from January 17, 2023
Park & Recreation Committee
Agenda from February 7, 2023
Planning Commission Meeting
No Meeting
EDA
Agenda and minutes from January 31, 2023
Board of Appeal & Equalization Meeting
Notice of Meeting – April 20, 2023
54