Kenyon/City Hall/Meetings/April 11, 2023
Regular meeting

Kenyon City Council, April 11, 2023

Kenyon's City Council met April 11, 2023 with Mayor Doug Henke presiding and Council Members Kim Helgeson and Molly Ryan present; Lee Sjolander and Mary Bailey were absent, so every vote carried 3-0-0. Public Works Director Wayne Ehrich reported that crews found a broken force main pipe in the Hwy 60 ditch on Sunday, April 2; authorities were notified and a contractor repaired it Monday morning, with further correspondence expected from the MPCA within 60 days.

9motions
9 unanimousno split votes
3present, absent: Lee Sjolander, Mary Bailey
5resolutions
$1,000,000largest figure
Yesrecording posted

Watch the meeting

Meeting video, from the city's YouTube channel · open on YouTube
sewer main break wastewater pearl creek sewer project street improvements personnel hiring liquor licensing solid waste resolutions and legislation

What happened

  1. Roll call: Henke, Helgeson and Ryan present; Sjolander and Bailey absent; all motions carried 3-0-0
  2. Consent agenda approved payment of check numbers 74673 through 74759 and 4478E through 4501E
  3. Broken force main pipe found in the Hwy 60 ditch April 2; repaired Monday morning, MPCA correspondence expected within 60 days
  4. Engineer's packet estimated the release at approximately 1.1 million gallons of untreated wastewater
  5. Council authorized staff to realign the alley right-of-way north on the Traxler property at 502 Huseth St. instead of vacating it
  6. Hiring committee recommended Kelly Perry as Finance Director, starting May 15; KMU Commission approved her appointment
  7. Payroll processing quotes tabled until the new Finance Director starts
  8. VFW on-sale liquor license renewed; Resolutions 2023-06, 2023-07 and 2023-08 adopted
  9. Chicken-keeping request tabled one month for more research after Briana Jensen presented findings
  10. Spring clean-up day approved for Saturday, May 20, 9 a.m. to noon at the pool parking lot for city residents for a fee
  11. Flom Disposal's solid waste agreement expires June 30, 2023; council agreed to the requested rate increase with a draft agreement due in May
  12. Board of Appeal and Equalization set for April 20 at 5:00 p.m., run by the Goodhue County Assessor's Office for at least three years

What was asked 19 raised · 12 settled

Every question, assignment, pending figure and unsourced claim from this meeting, quoted from the record, each checked against the county, census, listing, bid and budget data we hold.

2 answered from our records10 what happened next4 partly answered3 we hold no data
Unsourced claimMayor Doug Henkefrom the minutes
The purpose of the Board of Appeal is for property owners to appeal their tax valuation. The Assessors office will serve as the Board for at least the next three years.

Announcement of the April 20 Board of Appeal and Equalization meeting.

At the meetingStated as fact; no documentation cited.

Answered from our records

The arrangement held and went well past three years. Since 2023 the Goodhue County Assessor's office has run Kenyon's Board of Appeal as an open book, and the reason is that no council member holds the training the law requires to sit on a local board. That is still the arrangement in our current records.

KENYON_DATA_IN_MEETINGS.md; 5.9.23 Council Packet and Agenda

Unsourced claimAdministrator Mark Vahlsingfrom the minutes
Solid Waste Hauler Agreement Administrator Vahlsing stated that the current agreement for Solid Waste hauling with Flom Disposal expires on June 30, 2023.

Introduction of the solid waste hauler agreement renewal.

At the meetingStated as fact.

Answered from our records

The June 30 2023 expiry is confirmed and the replacement ran exactly three years. Attorney Riggs drafted a new three-year agreement with Flom Disposal approved 4-0-0 in June 2023, and that agreement expired June 30 2026, at which point the council approved another three-year agreement with increased rates 4-0-0 on August 6 2026. The underlying license agreement document is not in our record.

6.13.23 Council Packet and Agenda; 8-6-26 Council Packet Updated · taken up again 2026-08-06

PendingMayor Doug Henkefrom the minutes
Fees, limitations, etc. of housing chickens were discussed. This item was tabled until next month to allow for more research to be done.

Citizen request to permit backyard chickens within city limits.

At the meetingNo decision; discussion of fees and limitations only.

What happened next

The draft chicken ordinance died without a vote. Administrator Vahlsing brought back language to add chicken keeping in residentially zoned areas to Section 900 of the city code, Chief Sjolander predicted non-compliance problems, Councilman Barsness said he would not support it, and Attorney Riggs noted the city code had been amended in 1999 specifically to disallow chickens in residential areas. The Planning Commission reviewed the draft and was not in favor of changing the ordinance, and no further action was taken.

5-13-25 council packet updated, history of the chicken request; 5.9.23 Council Packet and Agenda · taken up again 2025-05-13

Action itemAdministrator Mark Vahlsingfrom the minutes
The council was in agreement with the increase and a draft agreement will be brought to the May council meeting.

The current Flom Disposal hauling agreement expires June 30, 2023 and a rate increase was requested.

At the meetingCouncil agreed to the increase in concept and directed a draft agreement.

What happened next

The draft slipped from May to June and passed. Attorney Riggs developed a new three-year agreement with Flom Disposal carrying increased rates based on consumer price index increases over the prior two years and higher tipping fees at the Red Wing landfill, and the council approved it on a Henke motion seconded by Bailey, 4-0-0. That agreement ran its full term and expired June 30 2026.

6.13.23 Council Packet and Agenda; 8-6-26 Council Packet Updated · taken up again 2023-06-13

RequestFlom Disposal (letter)from the minutes
A letter was received from Flom Disposal asking for a rate increase that would be effective the end of June with the new agreement.

Renewal of the city's solid waste hauling contract expiring June 30, 2023.

At the meetingCouncil was in agreement with the increase.

What happened next

The increase was granted. The new three-year agreement approved 4-0-0 carried increased rates justified by consumer price index increases over the previous two years and higher tipping fees at the Red Wing landfill. The same pattern repeated one cycle later: the agreement expired June 30 2026 and the council approved another three-year agreement with increased rates 4-0-0 on August 6 2026. Flom's letter and an itemized rate schedule are not in our record.

6.13.23 Council Packet and Agenda; 8-6-26 Council Packet Updated · taken up again 2023-06-13

RequestJeff and Ann Traxler, property ownersfrom the minutes
LEGAL Jeff and Ann Traxler – Request for City to vacate alley/ROW 9 Attorney Riggs stated a request was received from Jeff and Ann Traxler asking for the city to vacate a right-of-way area that runs between two separate parcels that they own.

Legal item on an alley/right-of-way between Traxler parcels at 502 Huseth St.

At the meetingAttorney Riggs recommended realigning the alley to the north instead of vacating, and council authorized staff to proceed with realignment.

What happened next

The request became a land swap rather than a vacation. Attorney Riggs recommended realigning the alley north because the alley was still needed, and the council authorized that 3-0-0. Rapp Surveying delivered the legal description on July 11 2023 and Riggs began preparing deeds for the land swap, which avoided the survey-plus-public-hearing process a vacation would have required. The Traxler parcel was later rezoned from I-1 General Industrial to G-2 General Commercial by Ordinance 106.

8.8.23 Council Packet Agenda; 7-11-23 Council Packet; 5.9.23 Council Packet and Agenda · taken up again 2023-08-08

Action itemCouncil Member Molly Ryan (motion), seconded by Kim Helgesonfrom the minutes
Motion by Ryan second by Helgeson to authorize staff to move ahead on the realignment of the alley right-of-way to the north on the Traxler property at 502 Huseth St.

Council response to the Traxler right-of-way request.

At the meetingMotion carried 3-0-0.

What happened next

The realignment proceeded as a land swap, so no vacation public hearing was needed. Rapp Surveying's legal description arrived July 11 2023 and Attorney Riggs began preparing the deeds. The signed deeds and the recorded land swap are not in our record.

8.8.23 Council Packet Agenda; 7-11-23 Council Packet · taken up again 2023-08-08

To look upAdministrator Mark Vahlsingfrom the minutes
Pearl Creek Sanitary Sewer Improvements Administrator Vahlsing stated that plans are being finalized for the Pearl Creek Sewer project. The final plans will be ready for council approval in May.

Engineering update on the Pearl Creek Sanitary Sewer Improvements.

At the meetingPlans not yet presented in April.

What happened next

The plans slipped to June and then the project was bid and awarded. By June 13 2023 Engineer Olinger reported the Pearl Creek Sewer plans complete and ready to advertise, and Resolution 2023-12 accepting the bid was on that meeting's agenda. BCM Construction won the Pearl Creek Sanitary Sewer and Gates Avenue work at $1,241,494.22, below Minger at $1,327,721.90, Heselton at $1,385,155.00 and an engineer's estimate of $1,536,065, a saving of $294,570.78 against the estimate.

6.13.23 Council Packet and Agenda; KENYON_BIDS.md, 2023-06-13 entry · taken up again 2023-06-13

To look upAdministrator Mark Vahlsingfrom the minutes
The City Attorney has been working on drafting easement agreements. 2023 Street Improvement Summary Administrator Vahlsing reported that the 2023 street improvement plans are being finalized and will be ready for approval in May.

Engineering update on the 2023 street improvement project.

At the meetingPlans not yet presented in April.

What happened next

The street plans were finished a month late and the project was awarded in June. Engineer Olinger reported on June 13 2023 that the final plans were complete, had been reviewed with public works and were ready to advertise, with Resolution 2023-13 accepting the bid on the same agenda. Bituminous Materials Inc won the 2023 Street Improvements at $450,693.95 against Crane Creek at $463,585.62, SL Contracting at $535,437.60 and an estimate of $547,705.

6.13.23 Council Packet and Agenda; KENYON_BIDS.md, 2023-06-13 entry · taken up again 2023-06-13

RequestPark Board, via Administrator Vahlsingfrom the minutes
Schedule Solid Waste Spring Clean-up Day Administrator Vahlsing stated that the Park Board requested that the Council look into holding a Spring Clean-up Day in May.

Scheduling of the solid waste spring clean-up day.

At the meetingCouncil approved a clean-up day for Saturday, May 20 from 9 am to noon at the pool parking lot.

What happened next

The council approved the clean-up day 3-0-0 on a Ryan motion seconded by Helgeson, for Saturday May 20 2023 from 9 a.m. to noon at the pool parking lot, open to city residents for a fee, and Administrator Vahlsing confirmed the scheduling again in the June 13 2023 update. The event moved earlier the following year, to April 27 2024 at the same place and hours.

5.9.23 Council Packet and Agenda; 6.13.23 Council Packet and Agenda · taken up again 2023-06-13

Unsourced claimAdministrator Mark Vahlsingfrom the minutes
OLD BUSINESS Update on Finance Director Hiring Administrator Vahlsing stated that five candidates were interviewed with three candidates being interviewed a second time. The committee recommended hiring Kelly Perry.

Update on the Finance Director hiring process and KMU Commission approval.

At the meetingReported as completed; KMU Commission approved the appointment that day.

What happened next

Kelly Perry started as Finance Director on May 15 2023, so the recommendation was carried out. The hiring committee record and the KMU Commission minutes are not in our archive.

council/txt/6-10-25_COUNCIL_PACKET_Updated.txt

Unsourced claimGoodhue County Commissioner Todd Gresethfrom the minutes
Goodhue County Commissioner, Todd Greseth, gave an update on what's happening in the County. They are working on the 2024 budget.

Citizen comment period county update.

At the meetingReported as an update; no figures given.

What happened next

Goodhue County set its preliminary 2024 budget at a 5.5 percent increase, reported by Commissioner Greseth on November 14 2023. At the same meeting he reported the Goodhue Police Department resigning and the county sheriff's department taking over coverage in Goodhue. The county went on to raise its levy 6.5 percent for 2026 and warned of a larger increase in 2027 because of state mandates.

11.14.23 Council Packet Agenda; 2-10-26 Council Packet · taken up again 2023-11-14

PendingAdministrator Mark Vahlsingfrom the minutes
Review Quotes for Payroll Services Administrator Vahlsing presented updated quotes and revised proposals for contracting payroll processing for the city. This item was tabled until the new Finance Director starts so she can be involved in the decision.

Old business review of payroll service vendor quotes for the city.

At the meetingNo decision made; item deferred.

Partly answered

The payroll item returned in August 2023 with four priced proposals and a staff recommendation for Paycom, but our record contains no award motion. Paylocity was lowest at $5,758 plus $1,000.

KENYON_BIDS.md

Action itemAdministrator Mark Vahlsingfrom the minutes
The City Attorney has been working on drafting easement agreements. 2023 Street Improvement Summary Administrator Vahlsing reported that the 2023 street improvement plans are being finalized and will be ready for approval in May.

Property easements needed before the Pearl Creek sanitary sewer work.

At the meetingWork in progress; no easements presented.

Partly answered

Easement negotiations were still open two months later. The June 13 2023 update reports continued negotiations with property owners, several minor plan revisions already made to accommodate owner requests, and the possibility of further modifications before any agreements would be ready for council consideration. No signed easement agreements appear in our record, though the project was bid and awarded that same month.

6.13.23 Council Packet and Agenda, Easements Pearl Creek Sanitary Sewer · taken up again 2023-06-13

To look upCora Boelman, CEDAfrom the minutes
PRESENTATIONS/PUBLIC HEARINGS/RECOGNITIONS/PROLAMATIONS Cora Boelman -CEDA - Update on Economic Development Activities Cora Boelman updated the EDA members on the projects she has been working on including: park prospect, Regional Development Tour scheduled for late summer, façade improvement plan applications, and various grants that are being applied for.

Economic development update covering park prospect, the tour, façade improvement applications and grants.

At the meetingGeneral update only; no grant amounts or award decisions reported.

Partly answered

No list of grant applications, amounts, decision dates or a Regional Development Tour date appears in our record. What the financial statements show is that the grant lines stayed empty: the SEMMCHRA DEED Grant account under the Economic Development Authority fund carries $0.00 in both federal grants and aids and state grants and aids across the 2025 statements. CEDA's own application file would settle which grants were pursued.

6-10-25 COUNCIL PACKET Updated; 12.2.25 Special Council Meeting

Pendingfrom the packet
Pearl Creek Sanitary Sewer Improvements C. 2023 Street Improvements Summary VIII. LEGAL A. Nuisance Property Violation – 1 Langford Avenue Update IX.

Legal section agenda item for the April 11 meeting.

At the meetingNothing recorded.

Partly answered

The item did come back: discussion of the property abatement enforcement action at 1 Langford Avenue was held at the June 13 2023 meeting, though no outcome, cost or abatement order is recorded. The property is parcel 665400250, 1 Langford Avenue, owner Scott Bowen, 5,739 square feet, and it appears on the 2024 project mapping alongside 2 Langford Avenue owned by Sarah Shelton, with Langford Avenue typical sections drawn from station 14+22 to 21+10 in the March 2025 packet. The attorney's report on the violation status would settle it.

6.13.23 Council Packet and Agenda; 9.10.24 Council Packet and Agenda; 3-11-25 council packet · taken up again 2023-06-13

To look upPublic Works Director Wayne Ehrichfrom the minutes
The proper authorities were notified and a contractor was able to repair the broken pipe on Monday morning. Further correspondence will likely be received from the MPCA within 60 days.

Report on the broken force main pipe in the ditch along Hwy 60 discovered Sunday, April 2.

At the meetingNo MPCA correspondence received as of the meeting.

We hold no data

No Minnesota Pollution Control Agency letter or notice of violation for the April 2 2023 force main break appears in our record. A separate MPCA matter is documented: on August 23 2024 a contractor spilled cementitious grout into Pearl Creek, the subcontractor cleaned it up that week, and the engineer reported MPCA and the Department of Natural Resources both satisfied, with fines possible at some future point. The MPCA file for the 2023 break would settle it.

9.10.24 Council Packet and Agenda; 5.9.23 Council Packet and Agenda · would settle it: The MPCA letter or notice of violation regarding the spill

Action itemKyle Flomfrom the minutes
Discussion and ideas for the clean-up day were presented. Kyle Flom described his restrictions and would make a list of what they would be able to take.

Planning the Solid Waste Spring Clean-Up Day.

At the meetingList not provided at the meeting.

We hold no data

No written list of accepted and restricted materials from Kyle Flom appears in our record, for either the 2023 or the 2024 clean-up day. Flom Disposal's license categories on file cover residential and commercial hauling, temporary roll-off dumpsters and recycling, but that is a license list, not an accepted-materials list. The list Flom promised would settle it.

would settle it: The written list of accepted and restricted items from Flom Disposal

To look upfrom the minutes
Motion by Ryan second by Helgeson to approve a spring clean-up day for Saturday, May 20 from 9 am to noon at the pool parking lot for city residents for a fee.

Council approved a clean-up day for city residents 'for a fee' without stating the amount.

At the meetingNo fee amount stated.

We hold no data

No fee amount for the May 20 2023 clean-up day appears in our record, and the same for a fee phrasing recurs without a figure for the April 27 2024 event. The city's adopted fee schedule would settle it.

would settle it: The adopted fee schedule for the clean-up day

Decisions 9 motions

Who did what

PersonAt this meeting
Doug Henke
Mayor
Called the meeting to order, seconded the consent agenda, moved renewal of the VFW liquor license, and announced the April 20 Board of Appeal and Equalization meeting
Kim Helgeson
Council Member
Moved to approve the agenda and Resolution 2023-07; seconded several motions and moved adjournment
Molly Ryan
Council Member
Moved approval of the consent agenda, the alley realignment, Resolutions 2023-06 and 2023-08, and the spring clean-up day
Mark Vahlsing
City Administrator
Reported on Pearl Creek sewer and street plans, Finance Director hiring, payroll quotes, the Flom Disposal agreement and the SEMLM resolutions
Wayne Ehrich
Public Works Director
Reported the April 2 force main break and repair; thanked by council and staff
Scott Riggs
City Attorney
Presented the Traxler right-of-way request and recommended realigning the alley to the north
Holli Gudknecht
Administrative Assistant
Recorded and signed the minutes
Briana Jensen
Citizen
Presented research on allowing chickens within city limits
Todd Greseth
Goodhue County Commissioner
Gave a county update, noting work on the 2024 budget
Cora Boelman
CEDA
Updated members on park prospect, a Regional Development Tour, facade improvement applications and grants
Kyle Flom
Flom Disposal
Described restrictions for the spring clean-up day and agreed to list acceptable items
Kelly Perry
Finance Director (recommended hire)
Recommended by the hiring committee and approved by the KMU Commission; to start May 15
Jeff Traxler
Property owner/applicant
Attended; he and Ann Traxler requested the city vacate a right-of-way for a business expansion
Jeff Sjoblom
Police Chief
Attended the meeting

Organizations named: Flom Disposal, CEDA, Minnesota Pollution Control Agency (MPCA), Goodhue County, Goodhue County Assessor's Office, Kenyon Municipal Utilities (KMU), Kenyon VFW, Kenyon Country Club, Kenyon Firemen's Relief Association, Southeast League of Municipalities (SEMLM), Hiawathaland Transit, Kenyon Park Board, Bolton & Menk, Inc., ADP, Paychex, Paylocity

Figures

AmountWhat
$6,540Paychex annual payroll processing quote (plus $1,600 one-time), presented in packet
$1,600Paychex one-time setup cost in payroll services quote
$6,072ADP annual payroll processing quote presented in packet
$5,758Paylocity annual payroll processing quote (plus $1,000 one-time)
$1,000Paylocity one-time cost in payroll services quote
$135.00RUN Powered by ADP per-processing fee quoted for the City (bi-weekly)

Said at the meeting

Public Works had discovered a broken force main pipe in the ditch along Hwy 60 on Sunday, April 2.

Public Works Director Wayne Ehrich · packet, verbatim

Riggs recommended realigning the location of the alley further to the north since it seems the alley is still needed.

City Attorney Scott Riggs · minutes, verbatim

Kelly Perry will start as the Finance Director on May 15.

City Administrator Mark Vahlsing · minutes, verbatim

In total, the volume of water released to the public water is estimated at approximately 1.1 million gallons.

City Engineer (packet memo, April 2 wastewater release) · packet, verbatim

Councilors Helgeson and Ryan thanked Wayne for keeping the council informed about the sewer main break.

Minutes, Council and Staff General Comments · minutes, verbatim

Resolutions and ordinances

  • City Support for SF3087 Amendment for Appropriation, Transportation Management Organization Development Administrator Vahlsing stated that thRes. 2023-06
  • Support of HF1285 to Remove the Income Restrictions for TIF in Non- Metropolitan Counties of Minnesota Administrator Vahlsing stated that theRes. 2023-07
  • Approving the Application for Lawful Gambling of Kenyon Firemen's Relief Association Motion by Ryan second by Helgeson to adopt Resolution 20Res. 2023-08
  • Approving PlanSpec Street project-Ordering Bid AdvertisementRes. 2023-09
  • Approving PlanSpec Pearl Creek Sewer-Ordering Bid AdvertisementRes. 2023-10

Agenda

Each item links to where it appears in the packet.

  1. I. CALL TO ORDER AND ROLL CALL
  2. I.A Solid Waste Spring Clean Up Day
  3. II. CITIZEN COMMENTS
  4. III. ADOPT AGENDA
  5. III.A Agenda
  6. IV. CONSENT AGENDA
  7. V. APPROVAL OF MINUTES and APPOINTMENTS
  8. V.A Approval of Minutes and Appointments
  9. VI. PRESENTATIONS/PUBLIC HEARINGS
  10. VII. ENGINEERING
  11. VII.A April 2, 2023 Sewer Main Break
  12. VII.B Pearl Creek Sanitary Sewer Improvements
  13. VII.D Pearl Creek Sanitary Sewer Improvements
  14. VIII. LEGAL
  15. VIII.A Jeff and Ann Traxler – Request for City to vacate alley/ROW
  16. IX. FINANCIAL
  17. X. OLD BUSINESS
  18. X.A Update on Finance Director Hiring
  19. X.B Review Quotes for Payroll Services
  20. XI. NEW BUSINESS
  21. XI.A On-Sale Liquor License Renewal- Kenyon VFW
  22. XI.B Board of Appeal and Equalization Meeting – Thursday, April 20, 2023
  23. XI.C Request for Chickens within City Limits
  24. XI.D Solid Waste Hauler Agreement
  25. XI.E Resolution 2023-06 City Support for SF3087 Amendment for Appropriation,
  26. XI.F Resolution 2023-07 Support of HF1285 to Remove the Income Restrictions for
  27. XI.G Fire Relief Gambling Application – Kenyon Country Club
  28. XII. F.Y.I. - Department Updates
  29. XIII. COUNCIL AND STAFF GENERAL COMMENTS
  30. XIV. ADJOURNMENT
  31. A. City Council Meeting Minutes of March 14, 2023
  32. B. City Council Special Meeting Minutes of March 28, 2023
  33. A. April 2, 2023 Sewer Main Break
  34. B. Pearl Creek Sanitary Sewer Improvements
  35. A. Nuisance Property Violation – 1 Langford Avenue Update
  36. A. Update on Finance Director Hiring
  37. B. Review Quotes for Payroll Services
  38. A. On-Sale Liquor License Renewal- VFW
  39. B. Board of Appeal and Equalization Meeting – Thursday, April 20, 2023
  40. C. Request for Chickens within City Limits
  41. D. Solid Waste Hauler Agreement
  42. E. Resolution 2023-06 City Support for SF3087 Amendment for Appropriation,
  43. F. Resolution 2023-07 Support of HF1285 to Remove the Income Restrictions for TIF in
  44. G. Fire Relief Gambling Application – Kenyon Country Club
  45. H. Schedule Solid Waste Spring Clean-up Clean Up Day
  46. XII. OTHER BUSINESS
  47. A. Schedule of Upcoming Meetings

Full packet text (110k characters)

The minutes

Official minutes as adopted, from 5.9.23 Council Packet and Agenda; text extracted from the PDF.

Council Meeting was duly held in the City Council chambers at 7:00 p.m. on the 11th day of April 2023. The meeting was called to order by Mayor Henke.

Present
Mayor Doug Henke, Council Members Kim Helgeson, and Molly Ryan
Absent
Lee Sjolander, Mary Bailey
Also present
City Administrator Mark Vahlsing, Administrative Assistant Holli Gudknecht, Police Chief Jeff Sjoblom, Attorney Scott Riggs, Police Officer Brian Homeier, Public Works Director Wayne Ehrich, Cora Boelman, Briana and Joe Jensen and Family, Jeff Traxler, Todd Greseth, Don Kirchmann, and Kyle Flom

The meeting opened with the Pledge of Allegiance.

Citizen Comment

Briana Jensen presented some research information she had been asked to gather on allowing chickens in city limits. Goodhue County Commissioner, Todd Greseth, gave an update on what's happening in the County. They are working on the 2024 budget.

Adopt Agenda

Motion

Motion by Helgeson second by Ryan to approve the agenda. Motion carried 3-0-0.

Consent Agenda

Motion

Motion by Ryan second by Henke to approve the Consent Agenda, which includes payment of check numbers, 74673 through 74759; 4478E through 4501E.

Motion carried 3-0-0

Presentations / Public Hearings / Recognitions / Prolamations

Cora Boelman -CEDA - Update on Economic Development Activities

Cora Boelman updated the EDA members on the projects she has been working on including: park prospect, Regional Development Tour scheduled for late summer, façade improvement plan applications, and various grants that are being applied for.

Engineering

April 2, 2023 Sewer Main Break

Public Works Director Wayne Ehrich stated that Public Works had discovered a broken force main pipe in the ditch along Hwy 60 on Sunday, April 2. The proper authorities were notified and a contractor was able to repair the broken pipe on Monday morning. Further correspondence will likely be received from the MPCA within 60 days.

Pearl Creek Sanitary Sewer Improvements

Administrator Vahlsing stated that plans are being finalized for the Pearl Creek Sewer project. The final plans will be ready for council approval in May. The City Attorney has been working on drafting easement agreements.

2023 Street Improvement Summary Administrator Vahlsing reported that the 2023 street improvement plans are being finalized and will be ready for approval in May.

Legal

Jeff and Ann Traxler – Request for City to vacate alley/ROW

Attorney Riggs stated a request was received from Jeff and Ann Traxler asking for the city to vacate a right-of-way area that runs between two separate parcels that they own. They are requesting the area to be vacated to help with a planned expansion of their business. Riggs recommended realigning the location of the alley further to the north since it seems the alley is still needed.

Motion

Motion by Ryan second by Helgeson to authorize staff to move ahead on the realignment of the alley right-of-way to the north on the Traxler property at 502 Huseth St. Motion carried 3-0-0.

Old Business

Update on Finance Director Hiring

Administrator Vahlsing stated that five candidates were interviewed with three candidates being interviewed a second time. The committee recommended hiring Kelly Perry. The KMU Commission met today to approve her appointment. Kelly Perry will start as the Finance Director on May 15.

Review Quotes for Payroll Services

Administrator Vahlsing presented updated quotes and revised proposals for contracting payroll processing for the city. This item was tabled until the new Finance Director starts so she can be involved in the decision.

New Business

On-Sale Liquor License Renewal- VFW
Motion

Motion by Henke second by Helgeson to renew the VFW's liquor license.

Motion carried 3-0-0
Board of Appeal and Equalization Meeting – Thursday, April 20, 2023

Mayor Henke stated that the Board of Appeal and Equalization meeting will be held by the Goodhue County Assessor's Office on April 20 in the Council Chambers at 5:00 pm. The purpose of the Board of Appeal is for property owners to appeal their tax valuation. The Assessors office will serve as the Board for at least the next three years.

Request for Chickens within City Limits

Mayor Henke acknowledged the request to allow chickens in residentially zoned areas of the city. Fees, limitations, etc. of housing chickens were discussed. This item was tabled until next month to allow for more research to be done.

Solid Waste Hauler Agreement

Administrator Vahlsing stated that the current agreement for Solid Waste hauling with Flom Disposal expires on June 30, 2023. A letter was received from Flom Disposal asking for a rate increase that would be effective the end of June with the new agreement. The council was in agreement with the increase and a draft agreement will be brought to the May council meeting.

Resolution 2023-06 City Support for SF3087 Amendment for Appropriation, Transportation

Management Organization Development Administrator Vahlsing stated that the Southeast League of Municipalities (SEMLM) has been working with area transportation providers including Hiawathaland transit to request State funding to assist with the development of a plan for a regional transit system in SE MN. SEMLM is asking area city councils to pass a resolution of support for state funding for this study.

Motion

Motion by Ryan second by Helgeson to adopt Resolution 2023-06. Motion carried 3-0-0.

Resolution 2023-07 Support of HF1285 to Remove the Income Restrictions for TIF in Non-

Metropolitan Counties of Minnesota Administrator Vahlsing stated that the SE League of Municipalities is requesting that City Councils pass a resolution in support of a Minnesota House Bill that would remove income restrictions for housing TIF districts for areas in greater Minnesota.

Motion

Motion by Helgeson second by Ryan to adopt Resolution 2023-07. Motion carried 3-0-0. 10 Fire Relief Gambling Application – Kenyon Country Club Resolution 2023-08: Approving the Application for Lawful Gambling of Kenyon Firemen's Relief Association

Motion

Motion by Ryan second by Helgeson to adopt Resolution 2023-08. Motion carried 3-0-0.

Schedule Solid Waste Spring Clean-up Day

Administrator Vahlsing stated that the Park Board requested that the Council look into holding a Spring Clean-up Day in May. Discussion and ideas for the clean-up day were presented. Kyle Flom described his restrictions and would make a list of what they would be able to take.

Motion

Motion by Ryan second by Helgeson to approve a spring clean-up day for Saturday, May 20 from 9 am to noon at the pool parking lot for city residents for a fee. Motion carried 3-0-0.

Schedule of Upcoming Meetings

KMU Meeting: Tuesday, April 18th @ 2:00 p.m. Board of Appeal & Equalization: Thursday, April 20th @ 5:00 p.m. EDA Meeting: Tuesday, April 25, 2023 @ 8:00 a.m. City Council Meeting: Tuesday, May 9th @ 7 p.m.

Council And Staff General Comments

Councilors Helgeson and Ryan thanked Wayne for keeping the council informed about the sewer main break.

Administrator Vahlsing and Mayor Henke appreciated all the work Wayne, Randy, and their crews did to assist with the sewer main break.

Motion

Motion by Helgeson second by Ryan to adjourn the meeting at 8:54 p.m.

Motion carried 3-0-0
Holli Gudknecht, Administrative Assistant Douglas Henke, Mayor

AGENDA ITEM NO. VII.A

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: May 9, 2023
SUBMITTED BY: Holli Gudknecht, Engineering
ITEM TYPE: Engineering

Agenda Section: Engineering

SUBJECT: 2023 Street Improvements Summary

1. Resolution 2023-09 Approving plan and authorizing bids

SUGGESTED ACTION: The City Engineer will provide an update on the Street project. He is

asking for Council approval of Resolution 2023-09 which will approve the plans and authorize bids for the project. See attached resolution and summary below. MOTION NEEDED

Attachments:

01.1_2023 Street Improvements Summary.pdf 01.3_Street PlanSpec Excerptr.pdf Resolution 2023-09 Approving PlanSpec Street project-Ordering Bid Advertisement.docx

12 2023 Street Improvements Summary We have reviewed final plans with public works and this project is now ready for bidding. Although this project is not technically a "reconstruction", portions of the project (particularly within 7 th Street and the bid alternate Washington and State Streets – i.e. the SEMCRA development) are heavily deteriorated so impacts to residents during the work will be more intrusive in those areas. For most of the remaining areas, access impacts to adjacent homes will be minor

As per this contract, work needs to be completed by mid-October, 2023 and the contractor will also be required to finish any paving work within 30 days of starting work.

The attached resolution is for approval of the plans and specification and provides us with authority to advertise the project for bidding. If approved, we will tabulate bids received and present them to council for consideration of award and the regular June meeting.

Requested Action: Approve Resolution Approving Plans And Specifications And Ordering Advertisement For Bids on the 2023 Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements

H:\KENYON_CI_MN\_General\Council Meetings\2023\05 - May 2023\01.1_2023 Street Improvements Summary.docx

13 14 Plan & Spec Excerpt CITY OF KENYON, MINNESOTA CONSTRUCTION PLANS FOR RESOURCE LIST CITY OF KENYON

City Hall 709 Second Street UTILITIES

GAS Minnesota Energy Resources Tom Livingston 507-529-5129 2023 STREET IMPROVEMENTS Kenyon, MN 55946 BITUMINOUS PATCHING, BITUMINOUS MILL & OVERLAY Phone: 507-789-6415 Northern Natural Gas SHEET City Administrator: Kay Klemmer 507-456-1137 BASE BID: BULLIS ST, WASHINGTON ST, 7TH ST, 8TH ST NUMBER SHEET TITLE Mark Vahlsing TELEPHONE ALTERNATE BID: STATE ST, WASHINGTON ST GENERAL Mayor: Doug Henke Frontier Communications Richard Schrantz (Mi-Tech) MAY, 2023 G0.01 TITLE SHEET, LEGEND, GENERAL NOTES City Council Members: 612-368-9068 Kim Helgeson CenturyLink G1.01 STATEMENT OF ESTIMATED QUANTITIES Molly Ryan Mary Bailey David Haedtke Lee Sjolander 769-786-0750

Jaguar Communications

CIVIL City Engineer: Derek Olinger, P.E. Michael S. Broadwater 507-214-0236 C0.01 DETAILS Bolton & Menk, Inc. C6.01 - C6.02 7TH STREET

Washington St

2900 43rd St NW, Suite 100 Rochester, MN 55901 CABLE 507-525-2685 Mediacom Paul Cousineau C6.03 8TH STREET derek.olinger@bolton-menk.com 507-456-1745 1ST ST C6.04 WASHINGTON STREET 4TH - 5TH Utility Superintendent (Electric & Water): C6.05 WASHINGTON STREET 2ND - 3RD Randy Eggert 507-838-6023 C6.06 BULLIS STREET 1ST - 2ND utility@cityofkenyon.com

2ND ST/TH60 C6.07 ALT 1 STATE STREET 7TH - 8TH 2ND ST/TH60 2ND ST/TH 60

Public Works Director (Street 2ND ST/TH 60

C6.07 Alt 2 Washington Street 7Th - 8Th

Bullis St

& Sewer): Wayne Ehrich

Washington St

507-273-1953 publicworks@cityofkenyon.com

3RD ST THIS PLAN SET CONTAINS 10 SHEETS.

Spring St Forest St

4TH ST

Red Wing Ave

BULLIS ST

5TH ST MAP OF THE CITY OF KENYON GOODHUE COUNTY, MN 5TH ST

Spring St

NOTE: EXISTING UTILITY INFORMATION SHOWN ON THIS

PLAN HAS BEEN PROVIDED BY THE UTILITY OWNER. THE CONTRACTOR SHALL FIELD VERIFY EXACT LOCATIONS PRIOR TO COMMENCING CONSTRUCTION AS REQUIRED BY STATE LAW. NOTIFY GOPHER STATE ONE CALL, 1-800-252-1166 OR 651-454-0002.

The Subsurface Utility Information In This Plan Is 6Th St R

Spring St Forest St

UTILITY QUALITY LEVEL D UNLESS OTHERWISE NOTED. THIS

Huseth St / Csah 12

UTILITY LEVEL WAS DETERMINED ACCORDING TO THE

GUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF 7TH ST EXISTING SUBSURFACE UTILITY DATA." 0 300 600

Washington St

7TH ST

State St Bullis St

SCALE FEET

c Bolton & Menk, Inc. 2023, All Rights Reserved MAP LEGEND 8TH ST PROJECT LIMITS (BASE BID) 8TH ST PROJECT LIMITS (ALTERNATE BID) BID LOCATION RECORD DRAWING EXCESS EXCAVATED INFORMATION MATERIAL DISPOSAL SITE

H:\KENYON_CI_MN\0H1127340\CAD\C3D\127340CG001.dwg 5/5/2023 12:14:45 PM

PROJECT DATUM: OBSERVER:

Bituminous Millings Horizontal: Contractor:

STOCKPILE SITE 2011 Goodhue County Coordinate System

VERTICAL: DATE: NAVD 1988 in Feet KENYON, MINNESOTA DESIGNED NO. ISSUED FOR DATE I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED DPO SHEET BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED 2900 43RD STREET NW, SUITE 100 0 25 0 5 10 PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. 50 ROCHESTER, MINNESOTA 55901 DRAWN

Horz.

SCALE FEET

VERT. SCALE FEET DEREK P. OLINGER Phone: (507) 208-4332 Email: Rochester@bolton-menk.com CHECKED RLC DPO 2023 STREET IMPROVEMENTS G0.01 54287 05/09/2023 R www.bolton-menk.com CLIENT PROJ. NO. TITLESHEET LIC. NO. DATE 0H1.127340 Plan & Spec Excerpt

Project Manual

2023 Street Improvements 0H1.127340 City of Kenyon Kenyon, MN

Plan & Spec Excerpt CERTIFICATIONS PAGE

Project Manual

FOR

2023 STREET IMPROVEMENTS 0H1.127340 CITY OF KENYON KENYON, MN

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 Date: 05/09/2023 License Number: 54287

City of Kenyon - 0H1.127340 CERTIFICATIONS PAGE April 2023 PAGE 00 01 05-1 © Bolton & Menk, Inc. 2023, All Rights Reserved

Plan & Spec Excerpt TABLE OF CONTENTS 2023 Street Improvements 0H1.127340 City of Kenyon This Project Manual incorporates, either in full or in part, various EJCDC copyrighted documents. Documents incorporated in full are subject to the copyright notice in the EJCDC document footnotes. For those EJCDC documents excerpted, modified, or incorporated in part, those portions of the text that originated in copyrighted EJCDC documents remain subject to the EJCDC license and copyright. Copyright © 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Contract Documents:

PROJECT MANUAL: Introductory Information, Bidding Requirements, Contract Forms and Conditions of Contract 00 01 05 CERTIFICATIONS PAGE 00 01 10 TABLE OF CONTENTS 00 11 13 ADVERTISEMENT FOR BIDS 00 21 13 INSTRUCTIONS TO BIDDERS 00 41 00 BID FORMS 00 43 13 BID SECURITY FORM 00 45 11 RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE 00 51 00 NOTICE OF AWARD 00 51 11 ADDITIONAL SUBCONTRACTORS LIST 00 52 00 AGREEMENT FORMS 00 55 00 NOTICE TO PROCEED 00 61 13.13 PERFORMANCE BOND FORM 00 61 13.16 PAYMENT BOND FORM 00 61 13.19 WARRANTY BOND FORM 00 72 00 C-700 2018 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 00 73 00 C-800 2018 SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT 00 65 16 CERTIFICATE OF SUBSTANTIAL COMPLETION 00 63 49 WORK CHANGE DIRECTIVE FORM 00 63 63 CHANGE ORDER FORM 00 63 36 FIELD ORDER FORM 00 62 11 SUBMITTAL TRANSMITTAL FORM 01 11 00 SUMMARY OF WORK 01 21 16 CONTINGENCY ALLOWANCES 01 29 00 PAYMENT PROCEDURES 01 31 00 PROJECT MANAGEMENT AND COORDINATION 01 31 19 PROJECT MEETINGS 01 32 16 CONSTRUCTION PROGRESS SCHEDULE 01 33 00 SUBMITTAL PROCEDURES 01 35 13 SPECIAL PROJECT PROCEDURES 01 41 00 REGULATORY REQUIREMENTS 01 41 26 PERMIT REQUIREMENTS 01 42 19 REFERENCE STANDARDS 01 45 00 QUALITY CONTROL 01 55 17 HAUL ROUTES AND TEMPORARY ACCESS 01 55 26 TRAFFIC CONTROL 01 71 13 MOBILIZATION 01 71-23 FIELD ENGINEERING 01 77 00 CLOSEOUT PROCEDURES

City of Kenyon - 0H1.127340 TABLE OF CONTENTS April 2023 PAGE 00 01 10-1 © Bolton & Menk, Inc. 2023, All Rights Reserved

Plan & Spec Excerpt SPECIFICATIONS: 02 41 13 SELECTIVE SITE DEMOLITION 31 01 21 APPLICATION OF WATER 31 20 00 EARTH MOVING 31 23 13 SUBGRADE PREPARATION 31 32 19.13 GEOGRIDSOIL STABILIZATION 32 01 16.13 ASPHALT PAVEMENT MILLING 32 11 23 AGGREGATE BASE COURSES 32 12 00 FLEXIBLE PAVING 32 12 01 FLEXIBLE PAVEMENT PATCHING 32 15 00 AGGREGATE SURFACING 32 16 14 CURBS, GUTTERS, AND DRIVEWAYS 32 16 23.13 CONCRETE WALKS 32 91 19.13 TOPSOIL PLACEMENT AND GRADING

Appendix:

A – SUMMARY LETTER – PAVEMENT CORE THICKNESSES (AMERICAN ENGINEERING TESTING)

Drawings (Under Separate Cover):

10 sheets numbered G0.01 through C6.07, inclusive, dated 05/09/2023, and with each sheet bearing the following general title: 2023 Street Improvements City of Kenyon

****END OF SECTION****

City of Kenyon - 0H1.127340 TABLE OF CONTENTS April 2023 PAGE 00 01 10-2 © Bolton & Menk, Inc. 2023, All Rights Reserved

Plan & Spec Excerpt ADVERTISEMENT FOR BIDS

2023 STREET IMPROVEMENTS

City Of Kenyon

KENYON, MN

RECEIPT AND OPENING OF PROPOSALS: Proposals for the work described below will be received online through QuestCDN.com until 10:00 AM on Thursday June 1 st, 2023 at which time the bids will be opened and publicly read at the office of the City Administrator, City of Kenyon, 709 2nd Street, Kenyon, MN 55946. Tabulated bids will be considered by the Kenyon City Council at the next regular council meeting following the bid opening. DESCRIPTION OF WORK: The work includes the construction of approximately: Item Quantity Item Quantity Sawing Conc/Bit Pavement 750 LF Adjust Casting (Donut Cut-Out) 10 EACH Mill Bit Surface (2") 3500 SY Conc Curb & Gutter 325 LF Mill Bit Surface (Full Depth) 3500 SY Conc Driveway/Sidewalk 95 SY Minor Grading & Excavation 11.3 RD STA Conc Valley Gutter 85 SY Bit Patch Special 600 SY Traffic Control 1 LS SP 12.5 Wearing Course Mix (2,B) 1600 TON Minor Grading/Turf Restoration 1 LS

together with numerous related items of work, all in accordance with Plans and Specifications. This project is subject to Responsible Contractor Certification. COMPLETION OF WORK: All work under the Contract must be complete by the end of the 2023 construction season. Additional Detail is available in the bid packet. PLAN HOLDERS LIST, ADDENDUMS AND BID TABULATION: The plan holders list, addendums and bid tabulations will be available for download on-line at www.questcdn.com or www.bolton-menk.com. TO OBTAIN BID DOCUMENTS: Complete digital project bidding documents are available at www.questcdn.com or www.bolton-menk.com. You may view the digital plan documents for free by entering Quest project # 8512824 on the website's Project Search page. Documents may be downloaded for $50.00. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, viewing, downloading, and working with this digital project information. BID SUBMITTAL: A bid shall be submitted online no later than the date and time prescribed. For this project, the Owner will only be accepting online electronic bids through QuestCDN. To access the electronic bid form, download the project document and click online bidding button at the top of the advertisement. Prospective bidders must be on the plan holders list through QuestCDN for bids to be accepted. BID SECURITY: A Proposal Bond in the amount of not less than 5 percent of the total amount bid, drawn in favor of City of Kenyon shall accompany each bid. OWNER'S RIGHTS RESERVED: The Owner reserves the right to reject any or all bids and to waive any irregularities and informalities therein and to award the Contract to other than the lowest bidder if, in their discretion, the interest of the Owner would be best served thereby. DATED: May 9, 2023 /S/ Mark Vahlsing City Administrator Published: The Kenyon Leader: 5/10/2023 QuestCDN: 5/10/2023

****END OF SECTION****

City of Kenyon - 0H1.127340 ADVERTISEMENT FOR BIDS April 2023 PAGE 00 11 13-1 © Bolton & Menk, Inc. 2023, All Rights Reserved

RESOLUTION NO. 2023-09

City Of Kenyon

COUNTY OF GOODHUE

STATE OF MINNESOTA

Resolution Approving Plans And Specifications And Ordering

ADVERTISEMENT FOR BIDS

2023 STREET IMPROVEMENTS

WHEREAS, the city engineer has prepared plans and specifications for the 2023 Street Improvements project, the improvement of Bullis St, Washington St, 7th St, 8th St, and also alternate improvements to State St and Washington St for asphalt overlays, patching and repaving and other minor surface repairs and has presented such plans and specifications to the council for approval;

Now Therefore, Be It Resolved By The City Council Of Kenyon,

MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The city administrator shall prepare and cause to be inserted in the official paper and in an online bidding service (Quest CDN) advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be received through the online bidding service until 10:00 a.m. on June 1, 2023, at which time they will be publicly opened in the council chambers of the city hall by the city administrator and engineer, will then be tabulated, and will be considered by the council at 7:00 p.m. on June 13, 2023, in the council chambers of the city hall. Bid opening and consideration times and locations provided above are subject to change if deemed appropriate by the city administrator and engineer, provided that proper notice is provided to bidders. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the clerk for 5 percent of the amount of such bid. Adopted by the City Council of the City of Kenyon on this 9th day of May, 2023.

__________________________ Douglas Henke, Mayor ATTEST:

_____________________________ Mark Vahlsing, City Administrator

AGENDA ITEM NO. VII.B

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: May 9, 2023
SUBMITTED BY: Holli Gudknecht, Engineering
ITEM TYPE: Engineering

Agenda Section: Engineering

SUBJECT: Pearl Creek Sanitary Sewer Improvements

1. Update on Easements for project

2. Resolution 2023-10 Approving plans and authorizing bids

SUGGESTED ACTION: The City Engineer will provide an update on the Pearl Creek Sewer

project. He is asking for Council approval of Resolution 2023-10 which will approve the plans and authorize bids for the project. See attached resolution and summary below. MOTION NEEDED

Attachments:

02.1_Pearl Creek Sewer Project Update.pdf 02.3_Pearl Cr PlanSpec Excerptr.pdf Resolution 2023-10 Approving PlanSpec Pearl Creek Sewer-Ordering Bid Advertisement.docx

Pearl Creek Sanitary Sewer Improvements Plans and specifications for this project are now complete and ready for bidding. As discussed previously, the work schedule provisions require that the work be completed by summer of 2024. Following bid approval, we expect that the project will sit idle for a period of time to account for longer lead times on materials necessary to construct the lift station.

In this past month, we have been evaluating alternatives for the final layout of the lift station site and access drive within the Barrett property. The final proposed layout is nearly identical to the previously proposed layout, with a few exceptions including: A portion of the site immediately around the lift station will be paved with concrete to allow for easier maintenance and visual appearance of the site. We are also including asphalt paving of the access drive and parking turn- around area into the project scope, as a bid alternate. Once bids are received, the council may decide on whether or not to move forward with the asphalt paving with a better understanding of total project costs.

We do not have any easements ready for execution yet. I expect to have additional information by the meeting time so we will provide a verbal update on easement(s) at that time.

The attached resolution is for approval of the plans and specification and provides us with authority to advertise the project for bidding. Given that there are still some questions related to the timing of easements on this project, the resolution allows staff flexibility on the actual bid time; however, the current goal is to have bids ready for council consideration at the regular June meeting.

Requested Action: Approval of Resolution Approving Plans and Specifications and Ordering Advertisement for Bids on the 2023 Pearl Creek Sanitary Sewer and Gates Ave Utility Improvements.

H:\KENYON_CI_MN\_General\Council Meetings\2023\05 - May 2023\02.1_Pearl Creek Sewer Project Update.docx

CITY OF KENYON, MINNESOTA CONSTRUCTION PLANS FOR 2023 PEARL CREEK SANITARY SEWER & GATES AVE UTILITY IMPROVEMENTS FORCEMAIN & GRAVITY SANITARY SEWER, WATERMAIN, LIFT STATION, GRADING, EROSION CONTROL & TURF ESTABLISHMENT, PAVEMENT PATCHING

May 2023

RESOURCE LIST UTILITIES

City Of Kenyon Gas

Minnesota Energy Resources

City Hall Tom Livingston 709 Second Street 507-529-5129 Kenyon, MN 55946 Phone: 507-789-6415 Northern Natural Gas Kay Klemmer City Administrator: 507-456-1137 Mark Vahlsing TELEPHONE Mayor: Doug Henke Frontier Communications Richard Schrantz (Mi-Tech) SHEET NUMBER SHEET TITLE City Council Members: 612-368-9068 GENERAL Kim Helgeson Molly Ryan CenturyLink David Haedtke G0.01 - G0.02 TITLE SHEET & LEGEND Mary Bailey Lee Sjolander 769-786-0750 G1.01 STATEMENT OF ESTIMATED QUANTITIES City Engineer: Derek Olinger, P.E. Jaguar Communications Michael S. Broadwater G2.01 LOCATION PLAN Bolton & Menk, Inc. 507-214-0236 2900 43rd St NW, Suite 100

T SLEE S Rochester, MN 55901 507-525-2685 CABLE Mediacom CIVIL derek.olinger@bolton-menk.com Paul Cousineau 507-456-1745 C0.01 - C0.03 EXISTING CONDITIONS & REMOVAL PLAN Utility Superintendent (Electric & C1.01 - C1.06 TYPICAL SECTIONS, TABLES & DETAILS REET PROJECT LOCATION Water): Randy Eggert 507-838-6023 C2.01 - C2.05 SWPPP, EROS & SEDIMENT CONTROL PLAN utility@cityofkenyon.com C3.01 GRADING & SITE PLAN ET S STRE CROS C4.01 - C4.04 PEARL CREEK SANITARY SEWER PLAN & PROFILE Public Works Director (Street & Sewer): Wayne Ehrich 507-273-1953 MART STREET C4.05 GATES AVE UTILITY PLAN & PROFILE publicworks@cityofkenyon.com C5.01 - C5.02 LIFT STATION PLAN AND SECTIONS

Electrical

REE T

Gates Ave

E1.01 ELECTRICAL SYMBOLS AND ABBREVIATIONS

PINE STREET PINE ST EK E1.02 LIFT STATION ELECTRICAL PLAN

Langford Ave

E1.03 - E1.04 ELECTRICAL DETAILS

Red Wing Ave

NOTE: EXISTING UTILITY INFORMATION SHOWN ON THIS

RE PLAN HAS BEEN PROVIDED BY THE UTILITY OWNER. THE LC CONTRACTOR SHALL FIELD VERIFY EXACT LOCATIONS PRIOR AR TO COMMENCING CONSTRUCTION AS REQUIRED BY STATE PE THIS PLAN SET CONTAINS 31 SHEETS. LAW. NOTIFY GOPHER STATE ONE CALL, 1-800-252-1166 OR 651-454-0002.

The Subsurface Utility Information In This Plan Is

UTILITY QUALITY LEVEL D UNLESS OTHERWISE NOTED. THIS

UTILITY LEVEL WAS DETERMINED ACCORDING TO THE 2ND STREET GUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF CSAH 12 EXISTING SUBSURFACE UTILITY DATA."

CA

c Bolton & Menk, Inc. 2023, All Rights Reserved R

Pit 0 250 500

MAP LEGEND OL CS MAP OF THE

CITY OF KENYON AH SCALE FEET HW 12 GOODHUE COUNTY, MN

Project Limits Y

CITY HALL

Public Works Shop Home Street Project Datum:

RECORD DRAWING

INFORMATION BM=1101.06

H:\KENYON_CI_MN\0H1126462\CAD\C3D\126462G001.dwg 5/5/2023 12:30:57 PM

OBSERVER:

Property Pin Horizontal:

STA. 27+07.41 10.09' LT 2011 Goodhue County Coordinate System CONTRACTOR:

Vertical: Date:

NAVD 1988 in Feet

City Of Kenyon, Minnesota

DESIGNED NO. ISSUED FOR DATE

I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED SHEET BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED 2900 43RD STREET NW, SUITE 100 PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. DRAWN ROCHESTER, MINNESOTA 55901

Derek P. Olinger

Phone: (507) 208-4332 Email: Rochester@bolton-menk.com CHECKED 2023 PEARL CREEK SANITARY SEWER & GATES AVE UTILITY IMPROVEMENTS G0.01 54287 05/09/2023 R www.bolton-menk.com CLIENT PROJ. NO. TITLE SHEET LIC. NO. DATE 0H1.126462 23 4" P VC > > SAN LEGEND EXISTING CONTOUR MINOR SITE GRADING LIMITS 1329 > 109 PERM UTIL/ACCESS EASEMENT 5 EXISTING CONTOUR MAJOR 1330 > 110 5 110 5 PROPOSED CONTOUR MINOR TEMP CONST EASEMENT 11 1 0 1329 E CUR 110 0 > V 111 PROPOSED CONTOUR MAJOR GRADE BREAKLINE 1330 5

SAN 1118' @ R

8" CLAY> 34 CE 112 PROPOSED SLOPE (RISE:RUN) AGGREGATE SURFACING .71 NTE 1:X 0 11 5 R 35 112

Reet)

.44 > 0 113 NOTES: 1135 1. AS PART OF SITE GRADING, STRIP, SALVAGE, AND STOCKPILE ALL TOPSOIL AND/OR ORGANIC MATERIAL ENCOUNTERED ON THE PROJECT DURING CONSTRUCTION. FOLLOWING CONSTRUCTION, PLACE TOPSOIL IN TURF RESTORATION AREAS. >

T 2 2. EXTEND BASE OF AGGREGATE SURFACING TO A MINIMUM 12" BEYOND THE LIMITS SHOWN ON THE PLAN. 1134.0

Alley S

) 3. EXCESS EXCAVATED AND UNSUITABLE MATERIALS ARE THE PROPERTY OF THE CONTRACTOR AND SHALL BE DISPOSED IN ACCORDANCE WITH THE REQUIREMENTS OF YP MN/DOT SPEC 2106. ' (T 14 > '

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D T E SS T >

CA O S 114 S

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OE > OE 1103.59 DO 27+ G D 11 10 > 00 OE 11 OE 15 G 0 > 5+0 OE 2 CITY OF KENYON, MINNESOTA DESIGNED NO. ISSUED FOR DATE I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED SHEET BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED 2900 43RD STREET NW, SUITE 100 0 25 PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. 50 ROCHESTER, MINNESOTA 55901 DRAWN

Horz.

SCALE FEET DEREK P. OLINGER

Phone: (507) 208-4332 Email: Rochester@bolton-menk.com CHECKED 2023 PEARL CREEK SANITARY SEWER & GATES AVE UTILITY IMPROVEMENTS C3.01 54287 05/09/2023 R www.bolton-menk.com CLIENT PROJ. NO. GRADING & SITE PLAN LIC. NO. DATE 0H1.126462 24 PROJECT MANUAL Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements 0H1.126462 City of Kenyon Kenyon, MN

CERTIFICATIONS PAGE

Project Manual

FOR

Pearl Creek Sanitary & Gates Avenue Utility Improvements

0H1.126462 CITY OF KENYON KENYON, MN

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 Date: 05/09/2023 License Number: 54287

City of Kenyon - 0H1.126462 CERTIFICATIONS PAGE April 2023 PAGE 00 01 05-1 © Bolton & Menk, Inc. 2023, All Rights Reserved

TABLE OF CONTENTS Pearl Creek Sanitary & Gates Avenue Utility Improvements 0H1.126462 City of Kenyon This Project Manual incorporates, either in full or in part, various EJCDC copyrighted documents. Documents incorporated in full are subject to the copyright notice in the EJCDC document footnotes. For those EJCDC documents excerpted, modified, or incorporated in part, those portions of the text that originated in copyrighted EJCDC documents remain subject to the EJCDC license and copyright. Copyright © 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Contract Documents:

PROJECT MANUAL: Introductory Information, Bidding Requirements, Contract Forms and Conditions of Contract 00 01 05 CERTIFICATIONS PAGE 00 01 10 TABLE OF CONTENTS 00 11 13 ADVERTISEMENT FOR BIDS 00 21 13 INSTRUCTIONS TO BIDDERS 00 41 00 BID FORMS 00 43 13 BID SECURITY FORM 00 45 11 RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE 00 45 16 BIDDERS QUALIFICATIONS 00 51 00 NOTICE OF AWARD 00 51 11 ADDITIONAL SUBCONTRACTORS LIST 00 52 00 AGREEMENT FORMS 00 55 00 NOTICE TO PROCEED 00 61 13.13 PERFORMANCE BOND FORM 00 61 13.16 PAYMENT BOND FORM 00 61 13.19 WARRANTY BOND FORM 00 72 00 C-700 2018 STANDARD GENERAL CONDITIONS OF THE CONTRUCTION CONTRACT 00 73 00 C-800 2018 SUPPLEMENTARY CONDITIONS OF THE CONTRUCTION CONTRACT 00 65 16 CERTIFICATE OF SUBSTANTIAL COMPLETION 00 63 49 WORK CHANGE DIRECTIVE FORM 00 63 63 CHANGE ORDER FORM 00 63 36 FIELD ORDER FORM 00 62 11 SUBMITTAL TRANSMITTAL FORM

01 11 00 SUMMARY OF WORK 01 21 16 CONTINGENCY ALLOWANCES 01 23 00 ALTERNATES 01 29 00 PAYMENT PROCEDURES 01 31 00 PROJECT MANAGEMENT AND COORDINATION 01 31 19 PROJECT MEETINGS 01 32 16 CONSTRUCTION PROGRESS SCHEDULE 01 33 00 SUBMITTAL PROCEDURES 01 35 13 SPECIAL PROJECT PROCEDURES 01 41 00 REGULATORY REQUIREMENTS 01 41 26 PERMIT REQUIREMENTS 01 42 19 REFERENCE STANDARDS 01 45 00 QUALITY CONTROL 01 55 17 HAUL ROUTES AND TEMPORARY ACCESS 01 55 26 TRAFFIC CONTROL 01 57 13 TEMPORARY EROSION & SEDIMENT CONTROL

City of Kenyon - 0H1.126462 ADVERTISEMENT FOR BIDS April 2023 PAGE 00 11 13-1 © Bolton & Menk, Inc. 2023, All Rights Reserved

27 01 71 13 MOBILIZATION 01 71 23 FIELD ENGINEERING 01 77 00 CLOSEOUT PROCEDURES

Specifications:

02 32 19 EXPLORATORY EXCAVATION 02 41 13 SELECTIVE SITE DEMOLITION

26 05 00 COMMON WORK RESULTS FOR ELECTRICAL 26 05 19 CONDUCTORS AND CABLES 26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 26 05 29 SUPPORTING DEVICES 26 05 33 RACEWAYS, FITTINGS AND BOXES 26 24 11 ELECTRICAL SERVICE 26 24 15 TRANSFER SWITCHES 26 24 19 MOTOR CONTROL 26 32 13 ENGINE GENERATORS 26 51 00 LIGHTING 26 90 04 LIFT STATION CONTROL SYSTEM

31 11 00 CLEARING AND GRUBBING 31 20 00 EARTH MOVING 31 23 19 DEWATERING 31 32 19 GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION

32 12 01 FLEXIBLE PAVEMENT PATCHING 32 15 00 AGGREGATE SURFACING 32 16 14 CURBS, GUTTERS, AND DRIVEWAYS 32 91 19.13 TOPSOIL PLACEMENT AND GRADING 32 92 00 TURF AND GRASSES

33 00 00 SITE UTILITIES 33 01 30.12 CLEANING AND TELEVISION INSPECTION OF SEWERS 33 01 30.81 MANHOLE REHABILITATION 33 01 30.86 MANHOLE RIM ADJUSTMENT 33 05 06 TRENCHING AND BACKFILLING 33 05 07 TRENCHLESS INSTALLATION OF UTILITY PIPING 33 05 60 LIFT STATION STRUCTURE 33 05 97.36 UNDERGROUND UTILITY LOCATION SYSTEM 33 14 00 WATER UTILITY TRANSMISSION AND DISTRIBUTION 33 31 23 SANITARY SEWERAGE FORCE MAIN PIPING

41 22 00 HOISTS AND CRANES 43 25 00 SUBMERSIBLE CENTRIFUGAL PUMPS

Appendix:

A – REPORT OF GEOTECHNICAL EXPLORATION (AMERICAN ENGINEERING TESTING) DRAWINGS (UNDER SEPARATE COVER): 31 sheets numbered G0.01 through E1.04, inclusive, dated 05/09/2023, and with each sheet bearing the following general title: Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements, City of Kenyon ****END OF SECTION****

City of Kenyon - 0H1.126462 ADVERTISEMENT FOR BIDS April 2023 PAGE 00 11 13-2 © Bolton & Menk, Inc. 2023, All Rights Reserved

ADVERTISEMENT FOR BIDS

Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements

City Of Kenyon

KENYON, MN

RECEIPT AND OPENING OF PROPOSALS: Proposals for the work described below will be received online through QuestCDN.com until 10:00 AM on Thursday, June 8, 2023 at which time the bids will be opened and publicly read at the office of the City Administrator, City of Kenyon, 709 2nd Street, Kenyon, MN 55946. Tabulated bids will be considered by the Kenyon City Council at the next regular council meeting following the bid opening. DESCRIPTION OF WORK: The work includes the construction of approximately: Item Quantity Item Quantity CLEARING & GRUBBING 1 LS 4" FORCEMAIN PIPE (HDD) 1275 LF SITE GRADING 1 LS DRAINAGE STRUCTURE 4 EA PAVEMENT/CURB/DRIVE PATCH 1 LS LIFT STATION & VALVE VAULT 1 LS STABILIZE & REESTABLISH TURF 1 LS SITE ELECTRIC 1 LS DEWATERING 1 LS 4-8" WATERMAIN (OPEN CUT/HDD) 650 LF ROCK EXCAVATION 180 CY 4" ELECT CONDUIT (OPEN CUT/HDD) 650 LF 6-8" PIPE SEWER (OPEN CUT/HDD) 745 LF ASPHALT PAVING (AS ALTERNATE) 165 TON

together with numerous related items of work, all in accordance with Plans and Specifications. This project is subject to Responsible Contractor Certification. PLAN HOLDERS LIST, ADDENDUMS AND BID TABULATION: The plan holders list, addendums and bid tabulations will be available for download on-line at www.questcdn.com or www.bolton-menk.com. TO OBTAIN BID DOCUMENTS: Complete digital project bidding documents are available at www.questcdn.com or www.bolton-menk.com. You may view the digital plan documents for free by entering Quest project # on the website's Project Search page. Documents may be downloaded for $50.00. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, viewing, downloading, and working with this digital project information. BID SUBMITTAL: A bid shall be submitted online no later than the date and time prescribed. For this project, the Owner will only be accepting online electronic bids through QuestCDN. To access the electronic bid form, download the project document and click online bidding button at the top of the advertisement. Prospective bidders must be on the plan holders list through QuestCDN for bids to be accepted. BID SECURITY: A Proposal Bond in the amount of not less than 5 percent of the total amount bid, drawn in favor of City of Kenyon shall accompany each bid. OWNER'S RIGHTS RESERVED: The Owner reserves the right to reject any or all bids and to waive any irregularities and informalities therein and to award the Contract to other than the lowest bidder if, in their discretion, the interest of the Owner would be best served thereby. DATED: May 9, 2023 /S/ Mark Vahlsing City Administrator Published: Kenyon Leader: 5/17/2023 QuestCDN: 5/17/2023

****END OF SECTION****

City of Kenyon - 0H1.126462 ADVERTISEMENT FOR BIDS April 2023 PAGE 00 11 13-3 © Bolton & Menk, Inc. 2023, All Rights Reserved

RESOLUTION NO. 2023-10

City Of Kenyon

COUNTY OF GOODHUE

STATE OF MINNESOTA

Resolution Approving Plans And Specifications And Ordering

ADVERTISEMENT FOR BIDS

2023 PEARL CREEK SANITARY SEWER & GATES AVE UTILITY IMPROVEMENTS

WHEREAS, the city engineer has prepared plans and specifications for the 2023 Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements project, including the rerouting of the Pearl Creek sanitary sewer main via lift station and forcemain, and the extension of new watermain and electrical conduit near Gates Avenue, and has presented such plans and specifications to the council for approval;

Now Therefore, Be It Resolved By The City Council Of Kenyon,

MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The city administrator shall prepare and cause to be inserted in the official paper and in an online bidding service (Quest CDN) advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state the bid submittal and council consideration time(s) and location(s). Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless submitted as described in the advertisement and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the clerk for 5 percent of the amount of such bid. 3. The city administrator and engineer shall be given authority to set the bid opening and council consideration times and locations, provided proper notice is given, as noted above. Adopted by the City Council of the City of Kenyon on this 9th day of May, 2023.

__________________________ Douglas Henke, Mayor ATTEST:

_____________________________ Mark Vahlsing, City Administrator

AGENDA ITEM NO. VIII.A

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: May 9, 2023
SUBMITTED BY: Holli Gudknecht, Administration
ITEM TYPE: Legal

Agenda Section: Legal

SUBJECT: Request for City to adjust alley/ROW location - Jeff and Ann Traxler

SUGGESTED ACTION: Information at this time. A survey of the area is being completed by Dave Rapp. The planning commission meeting to consider the variance will be May 30 or 31st. The land swap can be reviewed by the Council after the survey is completed. Most likely by the June council meeting. See attachments below for more information.

From the April Council meeting. Jeff and Ann Traxler are asking for the City

to conduct a land swap of right-of-way area that abuts their property to the west. They are requesting the land area to be traded with the City to help with a planned expansion project of their business. They are also applying for a variance related to the proposed building project. Further information is attached below. The alley vacation process would require a survey of the area and a public hearing.

Attachments:

Traxler Alley request.pdf 5-23.pdf

TRAXLER SAMPLE 2.pdf

31 32 33 34 AGENDA ITEM NO. VIII.B

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: May 9, 2023
SUBMITTED BY: Holli Gudknecht, Legal
ITEM TYPE: Legal

Agenda Section: Legal

SUBJECT: Request for Reasonable Accommodation – Fence

1. Adopt Reasonable Accommodation Ordinance

SUGGESTED ACTION: The city has received a request for Reasonable Accommodation

under the Federal Fair Housing Act (FHA). Under this act the cities are required to make reasonable accommodations for individuals with disabilities. A reasonable accommodation is exception or adjustment to regulations or policies to give persons with disabilities equal opportunity to use their property. In this case the property owner is requesting approval to construct a 6-foot-high fence in the front yard. City Code only allows a maximum height of 3 1/2 feet. The City attorney will address the requirements and the need for the City to adopt an ordinance covering Reasonable Accommodation. The applicants name or address cannot be released due to HIPAA regulations. Further information is attached below.

Request Reasonable Accommodation Ordinance

MOTION NEEDED

Attachments:

DOCSOPEN-#873587-v1-Hopkins Reasonable Accommodation Application.PDF

City Attorney Memo - Reasonable Accommodation.pdf DOCSOPEN-#873566-v1-Ordinance Reasonable Accommodation Process.DOCX

City of Hopkins 1010 1st Street South, Hopkins, MN 55343 Application Number 952-935-8474 | 952-935-1834 (fax) | www.hopkinsmn.com

Reasonable Accommodation Request

General Data Applicant Name (Last, First)  The above named individual, firm, or corporation hereby respectfully submits the following supplemental data in support of the preliminary information provided on the accompanying zoning application summary form dated for the purpose of securing an accommodation from existing land use zoning controls, official controls or regulations. Daytime Phone Other Phone  Contact Name (Last, First) Daytime Phone Number Email Address  Mailing Address City State ZIP  Property Address City State ZIP  Owner (if other than applicant) 

Project Information 

Specify the section of the ordinance, official control or regulation from which a reasonable accommodation is sought:  Describe the request for reasonable accommodations. Attach additional sheet(s) as necessary.

Explain why the application of the referenced land use zoning controls, official controls or regulations act as a barrier to fair housing opportunities due to the disability of existing or proposed residents. (This must include a detailed explanation of why the accommodation is reasonably necessary to make the specific housing available to the person(s), including information establishing that the applicant is disabled under applicable laws.) Attach additional sheet(s) as necessary.

Describe any proposed changes that will be made to the subject property and structures if the request is approved. Attach additional sheet(s) as necessary.

Check all additional supporting documents which are being submitted to help explain this project proposal. Site Plan Topographic Map Other (specify) 

06-22 36 City of Hopkins Reasonable Accommodation Request (Page 2 of 2)

Certification I hereby certify with my signature that all data on my applications forms, plans, and specifications are true and correct to the best of my knowledge. X Applicant's Signature Date 

Order Granting or Denying a Reasonable Accommodation (For Office Use Only)

In accordance with the findings stated on the reverse side of this document, the City of Hopkins hereby  approves,  denies the foregoing application for a reasonable accommodation. If approved, said approval is subject to the general and special conditions following the Findings section on page 2. Authorized Signature  Title Date 

Reasonable Accommodation Findings

Strict application of the provisions of the land zoning controls, official controls or regulations  would,  would not present a barrier to compliance with the Federal Fair Housing Amendments Act of 1988 because of the finding of facts made in the City's accommodation specialist's attached written decision. If approved, any reasonable accommodation is further subject to the specific conditions that might be outlined in said written decision.

For conditions of the reasonable accommodation, see the attached.

37 38 39 40 41 42 Sec. XX-XX. Reasonable accommodation requests. (a) Purpose. It is the policy of the city, pursuant to the Federal Fair Housing Amendments Act of 1988 to provide reasonable accommodation in the application of zoning and other regulations for qualified persons with disabilities seeking fair and equal access to housing. Reasonable accommodation means providing a qualified person with flexibility in the application of land use, zoning and other regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to fair housing opportunities. The purpose of this article is to establish a process for making and acting upon requests for reasonable accommodation. (b) Definitions. Accommodation specialist: City staff appointed by the city administrator or their designee to coordinate and administer the reasonable accommodation process outlined in Kenyon City Code section XX-XX. Qualified person: Any individual with a disability, their representative, or a developer or provider of housing for an individual with a disability. Disability: Those disabilities which are recognized under applicable federal law. Reasonable accommodation: Process by which the city may provide a qualified person flexibility in the application of land use, zoning, or other regulations. (c) Initiation of reasonable accommodation request. Any qualified person who requests a reasonable accommodation in the form of modification in the application of a zoning or other regulation which may act as a barrier to fair housing opportunities due to the disability of existing or proposed residents, may do so on an application form provided by the city's accommodation specialist. The application shall include a detailed explanation of why the accommodation is reasonably necessary to make the specific housing available to the person(s), including information establishing that the applicant is disabled under applicable laws, as well as other information required by the accommodation specialist to make the determination. If the project for which the request is being made also requires an additional land use review or approval, the applicant shall file the request concurrently with the land use review. (d) Accommodation specialist: Required findings. The accommodation specialist, in consultation with other appropriate city staff, shall have the authority to consider and act on requests for reasonable accommodation. The accommodation specialist shall issue a written decision in which the request is approved, approved subject to conditions, or denied. In making the decision as to whether an accommodation is reasonable, the following factors shall be considered: (1) Special need created by the disability; (2) Potential benefit that can be accomplished by the requested accommodation; (3) Need for the requested accommodation, including alternatives that may provide an equivalent level of benefit; (4) Physical attributes of and any proposed changes to the subject property and structures; (5) Potential impact on surrounding uses; (6) Whether the requested accommodation would constitute a fundamental alteration of the zoning regulations, policies, or procedures of the city, and/or nature of the area in which the accommodation is being requested; (7) Whether the requested accommodation would impose an undue financial or administrative burden on the city;

Page 1 of 2 DOCSOPEN\KE200\206\873566.v1-5/2/23 43 (8) Whether the requested accommodation is likely to have any negative impacts on the health, safety, or general welfare of members of the community, and (9) Any other factor that may be determined to have a bearing on the request. Any approval issued under this section may include such reasonable conditions that the accommodation specialist deems necessary to mitigate any adverse impacts that the granting of such reasonable accommodation may produce or amplify. (e) Notice of decision. The written decision of the accommodation specialist shall be mailed to the applicant within five business days of such decision being made. All written decisions shall give notice of the right to appeal a decision of the accommodation specialist pursuant to section XX-XX. The decision of the accommodation specialist shall constitute the final decision of the city, unless appealed according to the procedures and within the time limits provided in section XX-XX. Only the aggrieved applicant of the written reasonable accommodation determination has a right to appeal the decision. A reasonable accommodation approved under this section shall become effective on the first calendar day following expiration of the right to appeal. (f) Applicability. Any approved request shall constitute a limited license which shall allow the property owner or occupant to continue to rely upon such accommodation only so long as they own or occupy the property. Approval of a reasonable accommodation does not constitute a property right, does not run with the land, and does not provide future owners or occupants any rights to rely upon such accommodation approvals. Only the person who applied for such reasonable accommodation, and who is specifically named in the city's approval of such accommodation, shall be entitled to the benefits and protections thereof. The holder of an approved reasonable accommodation license hereunder shall, on or before January 1st of each year, provide the city with an updated affirmation that the reasonable accommodation is still necessary. In the event that the accommodations specialist has reasonable cause to believe that the factors supporting the original approval of a reasonable accommodation have changed, the accommodation specialist may request additional information from the license holder. Failure to annually reaffirm the need for the reasonable accommodation, or failure to provide information reasonably requested by the accommodation specialist shall result in automatic termination of the reasonable accommodation upon written notice by the accommodation specialist. (g) Conditions and guarantees. Prior to the issuance of any permits relative to an approved reasonable accommodation request, the accommodation specialist may require the applicant to record a covenant acknowledging and agreeing to comply with the terms and conditions established in the determination. (h) Appeals. Any decision reached by the accommodation specialist pursuant to section XX-XX shall be subject to appeal to the city council by those persons with a right to appeal as provided herein. All appeals shall be initiated by submitting a notice of appeal, in writing, to the accommodation specialist within 30 days of the date upon which the decision was made. Upon notice of appeal, the city administrator or their designee shall present such appeal to the city council for action within 30 days. Following a hearing on such appeal, the city council shall issue its findings, in writing, within 30 days.

Page 2 of 2 DOCSOPEN\KE200\206\873566.v1-5/2/23 44 AGENDA ITEM NO. X.A

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: May 9, 2023
SUBMITTED BY: Holli Gudknecht, Administration
ITEM TYPE: Old Business

Agenda Section: Old Business

SUBJECT: Request for Chickens within City Limits

SUGGESTED ACTION: As a follow-up to the April Council meeting, I have attached some ordinances, and applications from other area communities. If the Council is interested in allowing Chickens, the City Administrator and Attorney should be authorized to develop a draft application and ordinance.

Attachments:

Example of Chicken Keeping brochure.pdf

Example of Chicken Ordinances.pdf Examples of application for the keeping of chickens.pdf

45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 AGENDA ITEM NO. X.B

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: May 9, 2023
SUBMITTED BY: Holli Gudknecht, Administration
ITEM TYPE: Old Business

Agenda Section: Old Business

SUBJECT: Solid Waste Hauler Agreement

SUGGESTED ACTION: The current agreement for Solid Waste (trash) hauling expires June 30, 2023. At the April meeting the Council authorized staff and the City Attorney to develop a 3-year agreement with Flom Disposal. A copy of the new agreement is attached below. The new agreement contains increased fees shown below. The new rates are based on CPI increases for the last two years and higher tipping fees at the Red Wing Land Fill.

City of Red Wing Solid Waste increase breakdown:

Avg 42 tons/month is collected, $5x42=2520/yr. increase

.27/month/resident

CPI (consumer price index adjustment) 2021=7% and 2022=6.5%

65gallon 95gallon

$1.21/month increase 2021 $1.73/month increase 2021

$1.20/month increase 2022 $1.72/month increase 2022

Total $2.41/Month Total $3.45/month

65 gallon $2.68/monthly increase 95

70 gallon $3.72/monthly increase

65 gallon new rate $19.99, old rate $17.31 95 gallon new rate $ 28.50, old rate $ 24.78

Motion Needed

Attachments:

Redlined draft Solid Waste License_Agreement.pdf

Draft Solid Waste License Agreement.DOCX

SECOND AMENDED AND RESTATED LICENSE AGREEMENT

THIS SECOND AMENDED AND RESTATED LICENSE AGREEMENT (the

"Agreement") is entered into this 12th________ day of August_________, 20202023, 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 an Amended and Restated License Agreement on August 12, 2020, and now desire to amend such Amended and Restated 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.

DOCSOPEN\-KE200\-51\-673859.v12-9/8/20

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 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, 20182023 through June 30, 20212026, 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 mus