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- 4.11.23 Council Packet Agenda packet · 110k chars
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AGENDA
CITY COUNCIL REGULAR SESSION
April 11, 2023
7:00 PM
I. CALL TO ORDER AND ROLL CALL
I.A Solid Waste Spring Clean Up Day
Summary Report
II. CITIZEN COMMENTS
III. ADOPT AGENDA
III.A Agenda
Summary Report
4-11-23 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
3-14-23 Minutes.doc
3-28-23 City Council Special Meeting.doc
VI. PRESENTATIONS/PUBLIC HEARINGS
RECOGNITIONS/PROCLAMATIONS
VII. ENGINEERING
VII.A April 2, 2023 Sewer Main Break
Summary Report
03.1_Wastewater Release.pdf
VII.B Pearl Creek Sanitary Sewer Improvements
Summary Report
02.1_2023 Street Improvements Summary.pdf
VII.C 2023 Street Improvements Summary
Summary Report
1
02.1_2023 Street Improvements Summary.pdf
VII.D Pearl Creek Sanitary Sewer Improvements
Summary Report
01.1_Pearl Creek Sewer Project Update.pdf
VIII. LEGAL
VIII.A Jeff and Ann Traxler – Request for City to vacate alley/ROW
Summary Report
DOC040723-005.pdf
IX. FINANCIAL
X. OLD BUSINESS
X.A
Update on Finance Director Hiring
Summary Report
X.B Review Quotes for Payroll Services
Summary Report
ADP City Revised Proposal.pdf 4-23.pdf
ADP KMU Revised Proposal.pdf 4-23.pdf
Paychexx Payroll proposal 4-23.pdf
Paylocity Proposal for City of Kenyon.pdf 4-23.pdf
XI. NEW BUSINESS
XI.A On-Sale Liquor License Renewal- Kenyon VFW
Summary Report
DOC040723-004.pdf
XI.B Board of Appeal and Equalization Meeting – Thursday, April 20, 2023
Summary Report
XI.C Request for Chickens within City Limits
Summary Report
XI.D Solid Waste Hauler Agreement
Summary Report
letter to city of Kenyon March 2023.docx
FlomAmendedSanitationcontract9-2020.docx
XI.E Resolution 2023-06 City Support for SF3087 Amendment for Appropriation,
Transportation Management Organization Development
2
Summary Report
DOC040723-001.pdf
Resolution 2023-06 City Support for SF3087 Amendment for Appropriation,
Transportation Management Organization Development.docx
XI.F Resolution 2023-07 Support of HF1285 to Remove the Income Restrictions for
Tax Increment in Non-Metropolitan Counties of Minnesota
Summary Report
Resolution 2023-07 Support of HF1285 TO REMOVE THE INCOME
RESTRICTIONS FOR TIF IN NON-METROPOLITAN COUNTIES OF
MINNESOTA..docx
DOC040723-002.pdf
DOC040723-001.pdf
XI.G Fire Relief Gambling Application – Kenyon Country Club
Summary Report
Resolution 2023-08 Approving the Application for Lawful Gambling of Kenyon
Firemen's Relief Assocation.doc
XII. F.Y.I. - Department Updates
XII.A FYI
Summary Report
4-11-23 FYI.pdf
XIII. COUNCIL AND STAFF GENERAL COMMENTS
XIV. ADJOURNMENT
3
AGENDA ITEM NO. I.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: April 11, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: New Business
AGENDA SECTION: CALL TO ORDER AND ROLL CALL
SUBJECT: Solid Waste Spring Clean Up Day
SUGGESTED ACTION: The Park Board at their April meeting asked the Council look into
holding a Spring Clean-up Day in May. Kyle Flom of Flom Disposal
is reviewing options for the best way to carry out the Spring Clean-up
Day. He has indicated that it would be better for his company to
operate Spring Clean-up day in a centralized location like the Depot
Park. He would not have the man-power available on a Saturday to
conduct door to door pick-ups throughout the City.
Possible dates for the pick-up could be May 13 or 20th. Also please
note the Spring Clean-up Day could not be coordinated with the
Goodhue County Public Works because their hazardous waste drop-
off will be held at Depot Park on Tuesday May 9, 2023. Kyle Flom
will be attendance at the Council meeting to discuss the item further.
MOTION NEEDED
ATTACHMENTS:
4
AGENDA ITEM NO. III.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: April 11, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: Agenda
AGENDA SECTION: ADOPT AGENDA
SUBJECT: Agenda
SUGGESTED ACTION: See attached Agenda below.
MOTION NEEDED
ATTACHMENTS:
4-11-23 Agenda Council Meeting.docx
5
AGENDA
CITY COUNCIL MEETING
April 11, 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 March 14, 2023
B. City Council Special Meeting Minutes of March 28, 2023
VI. PRESENTATIONS/PUBLIC HEARINGS
RECOGNITIONS/PROCLAMATIONS
Cora Boelman -CEDA - Update on Economic Development Activities
VII. ENGINEERING
A. April 2, 2023 Sewer Main Break
B. Pearl Creek Sanitary Sewer Improvements
C. 2023 Street Improvements Summary
VIII. LEGAL
A. Nuisance Property Violation – 1 Langford Avenue Update
IX. FINANCIAL
**A. March 2023 Treasurer’s Report
**B. Payment of Claims
X. OLD BUSINESS
A. Update on Finance Director Hiring
B. Review Quotes for Payroll Services
XI. NEW BUSINESS
A. On-Sale Liquor License Renewal- VFW
B. Board of Appeal and Equalization Meeting – Thursday, April 20, 2023
C. Request for Chickens within City Limits
D. Solid Waste Hauler Agreement
E. Resolution 2023-06 City Support for SF3087 Amendment for Appropriation,
Transportation Management Organization Development
6
F. Resolution 2023-07 Support of HF1285 to Remove the Income Restrictions for TIF in
Non-Metropolitan Counties of Minnesota
G. Fire Relief Gambling Application – Kenyon Country Club
1. Resolution 2023-08: Approving the Application for Lawful Gambling of Kenyon
Firemen’s Relief Association
H. Schedule Solid Waste Spring Clean-up Clean Up Day
XII. OTHER BUSINESS
A. Schedule of Upcoming Meetings
1. KMU Meeting: Tuesday, April 18th @ 4:00 p.m.
2. Board of Appeal & Equalization: Thursday, April 20th @ 5:00 p.m.
3. EDA Meeting: Tuesday, April 25, 2023 @ 8:00 a.m.
4. City Council Meeting: Tuesday, May 9th @ 7 p.m.
XIII. COUNCIL AND STAFF GENERAL COMMENTS
XIV. ADJOURNMENT
7
AGENDA ITEM NO. V.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: April 11, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: Minutes
AGENDA SECTION: APPROVAL OF MINUTES and APPOINTMENTS
SUBJECT: Approval of Minutes and Appointments
SUGGESTED ACTION: See attached minutes below.
ATTACHMENTS:
3-14-23 Minutes.doc
3-28-23 City Council Special Meeting.doc
8
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 14th day of March 2023. The meeting was called to order by Acting Mayor Ryan.
The following members were present: Council Members Kim Helgeson, Lee Sjolander, Mary Bailey, and
Molly Ryan
Absent: Doug Henke
Also, present: City Administrator Mark Vahlsing, Administrative Assistant Holli Gudknecht, Police Chief
Jeff Sjoblom, Engineer Derek Olinger, Attorney Joseph Sathe, Officer Brian Homeier, Public Works
Director Wayne Ehrich, Attorney David Jacobsen, George Eilertson, Briana and Joe Jensen and Family
The meeting opened with the Pledge of Allegiance.
CITIZEN COMMENT
Briana Jensen addressed the city council on the benefits of chickens and requested to be added to the agenda
in April for consideration of allowing chickens in the city.
ADOPT AGENDA
Addition: / XI / New Business / E / Boulevard of Roses – Wayne Ehrich
Motion by Bailey second by Helgeson to approve the agenda. Motion carried 4-0-0.
CONSENT AGENDA
Motion by Sjolander second by Ryan to approve the Consent Agenda, which includes payment of check
numbers, 74578 through 74672; 4472E through 4478E.
Motion carried 3-0-0.
PRESENTATIONS/PUBLIC HEARINGS/RECOGNITIONS/PROLAMATIONS
Public Hearing: Plan and Issuance of the Bonds to Finance the Cost of Street Reconstruction
Motion by Helgeson second by Bailey to open the Public Hearing at 7:11 pm.
Attorney Riggs stated that a public hearing is required as part of the bond sale for the Pearl Creek Sewer
Main replacement and 2023 street projects. No public comment was received.
Motion by Bailey, seconded by Sjolander to close the public hearing at 7:12 pm.
Annual Municipal Prosecution Report – David Jacobsen, Attorney
Attorney David Jacobsen presented a summary of the annual prosecution activity for the city provided by
Jacobsen Law Firm, P.A. in 2022. Attorney Jacobsen reported that the number of prosecuted offenses
were down for 2022. He prosecuted 55 cases from January 1, 2022 to December 31, 2022, which was
down 104 from 2021. He noted that 65% of the offenses were traffic violations. When compared to
2021, the number of prosecuted traffic offenses decreased by 71%. Community offenses decreased from
39 in 2021 to 19 in 2022. Two-thirds of the base fine is remitted back to the city of Kenyon, which
amounted to $11,989.04 for 2022.
ENGINEERING
Pearl Creek Sanitary Sewer Improvements
Engineer Olinger stated that they have been working with property owners regarding easements. An
extensive amount of easement and grading work will impact the Barrett property. A mutually agreeable
location for the new infrastructure on this property may have been reached. Negotiations with all
property owners for easements will continue.
2023 Project Cost Estimate Update – George Eilertson – Northland Public Finance
George Eilertson reviewed the options of issuing bonds showing the different scenarios to finance the
future sewer capital and street improvements. City Engineer Olinger stated that the project costs are
9
expected to come in higher than previously expected due to the underestimated cost of the lift station and
the segment of sanitary sewer needed to cross Pearl Creek. Also, recent soil borings indicated that
bedrock depths are shallower that originally thought.
2023 Street Improvement Summary
No public comments were received at the public hearing.
Resolution 2023-05: Approving a Street Reconstruction Plan and Authorizing the Issuance of General
Obligation Street Reconstruction Bonds
Motion by Sjolander second by Helgeson to adopt Resolution 2023-05.
Motion carried 4-0-0.
LEGAL
Nuisance Property Violation – 1 Langford Ave. Update
Attorney Riggs updated the council on the 1 Langford Avenue nuisance. Police Chief Sjoblom added that the
snow has slowed the cleanup progress. The owner did have the property surveyed and found that the downed
tree is on his property and he will clean it up. The property owner has until April to get the cleanup
completed.
2023 Agreement with Luis Tellez – Taco Express
City Administrator Vahlsing stated that Luis Tellez, owner of Taco Express has submitted the Annual Lease
Agreement for his mobile food truck to operate on city owned space directly east of the Municipal Liquor
Store. Vahlsing recommended increasing the agreement amount by $30 for a lease amount of $430 for 2023.
Motion by Bailey seconded by Ryan to approve the 2023 agreement with Luis Tellez – Taco Express for
$430.00. Motion carried 4-0-0.
OLD BUSINESS
City Hall Roof Replacement
Administrator Vahlsing reviewed the City Hall roof replacement that was discussed at the September 2022
council meeting. Vahlsing requested council approval to replace the roof with 50-year steel for $53,000. The
City would request an interfund loan from the KMU electric fund to cover the expenses.
Motion by Bailey second by Helgeson to proceed with replacing the roof of City Hall with 50-year steel for
$53,000 pending KMU approval of an interfund loan from the electric fund. Motion carried 4-0-0.
NEW BUSINESS
Review Quotes for Payroll Services
Administrator Vahlsing presented options for contracting payroll processing for the city. Three quotes
were received for payroll processing. He suggested scheduling a work session to have Abdo present their
services and explain how the process would work. A work session was scheduled for Tuesday, March 28
at 5:00.
On-Sale Liquor License Renewal- Kenyon Country Club
Motion by Bailey second by Helgeson to renew Kenyon Country Club’s liquor license.
Motion carried 4-0-0.
Approve Request for Liquor at Depot Park – Savannah Bleess, May 20, 2023
Motion by Helgeson, second by Bailey to approve the liquor request for Savannah
Bleess in Depot Park. Motion carried 5-0-0.
Update on Finance Director Hiring
10
Administrator Vahlsing stated that 19 applications had been received for the Finance
Director position. Seven applicants were scheduled for interviews.
Boulevard of Roses – Wayne Ehrich
Public Works Director Wayne Ehrich informed the council of their plan to make a switch
from tree roses to scrub roses in the boulevard. The current tree roses have been
discontinued. The scrub roses would be hardier, cheaper, and wouldn’t need to be buried in
the winter.
Schedule of Upcoming Meetings
KMU Meeting: Tuesday, March 21st @ 4:00 p.m.
City Council Meeting: Tuesday, April 11th @ 7 p.m.
Board of Appeal & Equalization: Thursday, April 20th @ 5:00 p.m.
COUNCIL AND STAFF GENERAL COMMENTS
Councilor Sjolander thanked public works and crew for all their work in clearing snow from the street. He
also thanked staff for coming in during inclement weather.
Councilor Helgeson, on behalf of Park & Rec, stated that the fundraiser when over great and thanked
everyone for all the donations.
Motion by Bailey second by Ryan to adjourn the meeting at 8:26 p.m.
Motion carried 4-0-0.
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 5:00 p.m. on the 28th day of March 2023. The meeting was called to order by Council member
Bailey. The following members were present: Lee Sjolander, Mary Bailey, and Kim Helgeson
Via Zoom: Mayor Doug Henke, Molly Ryan,
Also, present: Administrator Mark Vahlsing, KMU Supervisor Randy Eggert, Public Works Director
Wayne Ehrich, Sue Dodds. Via Zoom: Leah Davis Abdo, Diontae Jones Paylocity.
Council member Mary Bailey called the Council work session to order at 5:00 pm
Review Options for Payroll Processing Services – Leah Davis Abdo
Administrator Vahlsing updated the Council on the process of gathering quotes and information on
automated payroll services. The city had received 3 quotes for payroll processing. Staff has been discussing
options for payroll processing for some time. With the finance position opening up it was a good time to
look at options for contracting payroll processing. Utilizing a payroll service would take some of the load
off the new Finance Director. Both Kathy Flikke and Sue Dodds feel that it would be a good idea for the city
use a payroll service. I order to cover the costs the hours that the city pays toward the PD/City
Administrative position could be reduced. The personnel committee has reviewed the concept and was
supportive.
Leah Davis, CPA of Abdo provided a summary of how automated payroll system could work and improve
the overall process. She also discussed the role Abdo could play in assisting the City payroll preparation and
post payroll obligations..
Dionate Davis of Paylocity reviewed automated timecards and the features of Paylocity’s software. He
stated that Paylocity would provide the City with a quote for payroll processing.
Further Discussion and Possible Approval of Payroll Processing Proposal
The Council discussed further options for automated payroll. Administrator Vahlsing stated that he
would contact other cities that use automated payroll software. He would also contact the companies that
had submitted payroll proposals. Discussion would continue at the April 11 Council meeting.
Motion by Helgeson second by Bailey to adjourn the meeting at 7:05 p.m. Motion carried 5-0-0.
Mark Vahlsing, City Administrator Molly Ryan, Acting Mayor
12
AGENDA ITEM NO.
VII.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: April 11, 2023
SUBMITTED BY: Mark Vahlsing, Engineering
ITEM TYPE: Engineering
AGENDA SECTION: ENGINEERING
SUBJECT: April 2, 2023 Sewer Main Break
SUGGESTED ACTION: Public Works Director Ehrich found a broken sewer main pipe in the
south ditch of TH 60 which on Sunday April 2nd. Wastewater was
draining into the TH 60 ditch which leads to Pearl Creek. He
subsequently notified the State Duty officer. He then made
adjustments to plant operations and located a contractor to repair the
broken pipe on Monday. Further information is contained in the
attached update below from the City Engineer.
ATTACHMENTS:
03.1_Wastewater Release.pdf
13
April 2nd Wastewater Release
Summary
On Sunday April 2nd, Public Works discovered a broken forcemain pipe in the south ditch of TH 60 which was releasing
untreated wastewater into the TH 60 ditch and Pearl Creek. As required, Public Works notified the State, adjusted plant
operations, and found a contractor to repair the broken pipe by Monday morning. MnDOT assisted the City with traffic
control on Monday while the repair was completed.
In total, the volume of water released to the public water is estimated at approximately 1.1 million gallons. Given the
volume of this release, the MPCA was on site to evaluate the situation on Monday. Additional agencies, including the
DNR and MnDOT Office of Environmental Stewardship, were also notified.
Why/How did this happen?
To summarize, the release was the result of a broken forcemain pipe. The broken segment of pipe was found to be in close
proximity to bedrock, which likely weakened and damaged the pipe wall over time. This line is believed to have been
installed in the late 40’s, shortly after the city’s wastewater plant was first built. We are currently unaware of other issues
(past or present) with this pipe.
This forcemain pipe is used to pump wastewater from the plant to the pond near the county shop. The ponds temporarily
hold wastewater when flows are too high for the plant to handle. Rainfalls between March 31 st and April 3rd were about
2.6”. Additional runoff from snow melt and generally wet soil conditions resulted in heavy clearwater flow from inflow
and infiltration (I&I). Excessively high flows to the wastewater plant was the source of the flow volume which was
released. On April 1st, flows peaked at 1.1 million gal/day and have been gradually decreasing (0.8 million gal/day on
April 6th). Although the release issue is addressed, council should be aware that flows are still well above their preferred
levels, meaning an excessive amount of I&I is still entering the system.
What’s Next
As of the date of this letter, we are awaiting further correspondence from the MPCA. We are expecting some form of
violation notice from the MPCA. This may consist of a fine, mandated further investigation, and/or requirements related
to past/planned system maintenance and improvements related to the forcemain and system-wide I&I reduction.
For the time being, public works is actively managing high flows at the WW plant. Final costs associated with the release
are not yet known. Additional remedial steps should be expected in the near future; however, it is too early to speculate
the extent of that work.
Requested Action:
None, Information Only
Attached: Photos & Map
H:\KENYON_CI_MN\_General\Council Meetings\2023\04 - April 2023\01.1_Wastewater Release.docx
14
Page: 2
Photo Attachment
Photo 1: Water flowing down Th 60 Ditch Photo 2: Water Flowing out of ground at break location
Photo 3: Forcemain Repair Point
15
Sewer Map
North Fork Zumbro River
Approx Location
8" Forcemain Break Location
Pe
arl
Cr
ee
k
WW EQ Pond
April 6, 2023 1:3,600
0 0.03 0.06 0.12 mi
Sanitary Grinder Station Sanitary Service Lines Sanitary Pipe 12"
Sanitary Curb Stop Sanitary Forcemain 8" 15" 0 0.05 0.1 0.2 km
Sanitary Manhole 10"
ArcGIS WebApp Builder
16
AGENDA ITEM NO.
VII.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: April 11, 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 at the Council meeting.
See attached memo below.
ATTACHMENTS:
02.1_2023 Street Improvements Summary.pdf
17
2023 Street Improvements Summary
We are in the process of finalizing plans for this project. We will bring final plans for council approval at the May
meeting.
Requested Action:
None – information only
H:\KENYON_CI_MN\_General\Council Meetings\2023\04 - April 2023\02.1_2023 Street Improvements Summary.docx
18
AGENDA ITEM NO.
VII.C
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: April 11, 2023
SUBMITTED BY: Mark Vahlsing, Engineering
ITEM TYPE: Engineering
AGENDA SECTION: ENGINEERING
SUBJECT: 2023 Street Improvements Summary
SUGGESTED ACTION: Update from City Engineer. See attached below for more
information.
ATTACHMENTS:
02.1_2023 Street Improvements Summary.pdf
19
2023 Street Improvements Summary
We are in the process of finalizing plans for this project. We will bring final plans for council approval at the May
meeting.
Requested Action:
None – information only
H:\KENYON_CI_MN\_General\Council Meetings\2023\04 - April 2023\02.1_2023 Street Improvements Summary.docx
20
AGENDA ITEM NO.
VII.D
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: April 11, 2023
SUBMITTED BY: Mark Vahlsing, Engineering
ITEM TYPE: Engineering
AGENDA SECTION: ENGINEERING
SUBJECT: Pearl Creek Sanitary Sewer Improvements
SUGGESTED ACTION: Update from City Engineer. See attached below for more
information.
ATTACHMENTS:
01.1_Pearl Creek Sewer Project Update.pdf
21
Pearl Creek Sanitary Sewer Improvements
We are in the process of finalizing plans for this project and are planning to bring final plans and specifications for council
approval at the May meeting. We’ve also been working with the city attorney to draft easement agreements.
Requested Action:
None – for information only.
H:\KENYON_CI_MN\_General\Council Meetings\2023\04 - April 2023\01.1_Pearl Creek Sewer Project Update.docx
22
AGENDA ITEM NO.
VIII.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: April 11, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: Legal
AGENDA SECTION: LEGAL
SUBJECT: Jeff and Ann Traxler – Request for City to vacate alley/ROW
SUGGESTED ACTION: Jeff and Ann Traxler are asking for the City to vacate a right-of-way
area that abuts their property to the west. They are requesting the
area to be vacated 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:
DOC040723-005.pdf
23
24
25
AGENDA ITEM NO. X.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: April 11, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: Old Business
AGENDA SECTION: OLD BUSINESS
SUBJECT:
Update on Finance Director Hiring
SUGGESTED ACTION: 5 candidates were interviewed on March 13, and 23rd. Second
interview with three candidates were held on March 30 and April 4.
The committee has recommended Kelly Perry for appointment to the
position. The KMU Board will make the final appointment on
Tuesday April 11. The finalist has indicated she would be able to
start the second week of May.
ATTACHMENTS:
26
AGENDA ITEM NO. X.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: April 11, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: Old Business
AGENDA SECTION: OLD BUSINESS
SUBJECT: Review Quotes for Payroll Services
SUGGESTED ACTION: This is continuation of the discussion of automated payroll from the
March 28, 2023 special Council meeting Summary from 3-14-23
Council meeting Staff has been discussing options for payroll processing for
some time. With the finance position opening up it is a good time to look at
options for contracting payroll processing. Utilizing a payroll service would
take some of the load off of the new Finance Director. Both Kathy Flikke and
Sue Dodds feel that it would be a good idea for the city use a payroll service. I
order to cover the costs the hours that the city pays toward the PD/City
Administrative position could be reduced. The personnel committee has
reviewed the concept and is supportive. Updated quotes to reflect two
entities (City and KMU).
Annual Cost One
Time Cost
Paychex Inc, $6540 $1600
ADP $6072
Paylocity. $5758 $1000
Copies of the revised quotes are attached below. All quotes would include
timekeeping software. This Software would take the place of timecards.
Further action on this item may need to wait until the new finance director
starts. MOTION MAY BE NEEDED
ATTACHMENTS:
ADP City Revised Proposal.pdf 4-23.pdf
ADP KMU Revised Proposal.pdf 4-23.pdf
Paychexx Payroll proposal 4-23.pdf
Paylocity Proposal for City of Kenyon.pdf 4-23.pdf
27
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the first day*
• Provide employees with easy access
to pay history and up to three years of • With direct deposit, pay is deposited in
W-2s/1099s each employee’s account, or employees
can choose to have funds deposited to a
• Access HR tools and best practices to
Wisely® Direct debit card**
help you put HR strategies in place
*ZipRecruiter® 2021
**Wisely Direct is a prepaid account offered directly to consumers by ADP. It can be used to receive direct deposits as well as income from other sources.
ADP, the ADP logo, RUN Powered by ADP, Wisely, and Always Designing for People are trademarks of ADP, Inc. and its affiliates. ZipRecruiter is a
registered trademark of ZipRecruiter, Inc. All other marks are the property of their respective owners. Copyright © 2021 ADP, Inc. All rights reserved.
30
RUN POWERED BY ADP®
Proposal
For City of Kenyon
ADP PROPRIETARY AND CONFIDENTIAL 31
Solution Detail for City of Kenyon*:
Employees 4
Payroll Frequency Bi-Weekly
Start Date 03-16-2023
Payroll HR
• Payroll Processing • State and Federal Resources
• Tax Filing • HR Checkups
• Electronic Reports • Tip of the Week
• Employee Access • Quarterly HR Newsletter
• ADP Mobile Payroll • HR Dictionary
• General Ledger Interface • New Hire Paperwork
• Pay Option: FSDD Only • Zip Recruiter (includes 1 job slot, 50
• Delivery resume views)
• New Hire Reporting • Background Checks (5 per year)
• Pay Options • Employment Verification
• FSDD • Lifemart
• TotalPay • Small Business Marketing Toolkit
• Check Stuffing/Signing
• Poster Compliance Update Service
• General Ledger Interface
• Garnishment Payment Service
• State Unemployment Service
Processing Investment
Product Billing Frequency Per Processing Fee
ADP Enhanced Payroll Bi-Weekly $77.04 **
**In the event of additional jurisdictions, there will be a $8.95 charge per month/jurisdiction.
Annual W2 Fees
Y/E Information Stmt, W2 4 W2's Annually $80.95
Base price ($54.95) + Price per W2 ($6.50)
W-2 Delivery Annually $13.95
Promotions
6680 - Months 4, 5, 6 and 7 FREE
Total Savings with Promos: $667.68
*This is a Proposal only. Fees are estimates and are subject to change based on variation in payroll details, frequency, features, number of
employees, etc. Additional fees may be incurred if other services are purchased or for additional tax filings including, but not limited to,
additional states or ‘applied for’ statuses. Please consult with your sales representative for further details. The information contained in this
proposal is confidential and proprietary and should not be shared with anyone outside your company.
ADP PROPRIETARY AND CONFIDENTIAL
ADP, the ADP Logo and RUN Powered by ADP are registered trademarks, and ADP A more human resource. is a service mark, of ADP, Inc. Copyright © 2016 ADP, Inc. ALL RIGHTS RESERVED.
32
RUN Powered by ADP®
Enhanced Payroll
Enhanced Payroll delivers a comprehensive set of easy-to-use payroll tools, all backed
by ADP’s small business expertise.
With Enhanced Payroll, you can:
Run Payroll Calculate, Deduct
the way you want – online, and Pay Taxes
via our mobile app or by phone automatically
Get Answers 24/7 Pay Your People
from experienced payroll the way they want – paper
professionals by online checks or direct deposit
chat or over the phone
Plus, benefit from these enhanced features:
+
• View, export or print detailed reports • Launch a Google Ads campaign in minutes.
online, instantly Reach more customers across Google to
help grow your business.
• Integrate our solutions with your POS
systems and/or accounting programs • You and your employees get discounts on
such as Intuit®, Wave, Xero™ and more brand-name products and daily essentials
• Automatically receive updated labor • Receive up to 5 single-county criminal
law posters to maintain compliance background checks per year
with posting regulations • Post jobs to over 100 of the web’s leading
• Benefit from state unemployment job boards with ZipRecruiter®. 80% of jobs
insurance (SUI) management posted receive a qualified candidate within
the first day*
• Provide employees with easy access
to pay history and up to three years of • With direct deposit, pay is deposited in
W-2s/1099s each employee’s account, or employees
can choose to have funds deposited to a
• Access HR tools and best practices to
Wisely® Direct debit card**
help you put HR strategies in place
*ZipRecruiter® 2021
**Wisely Direct is a prepaid account offered directly to consumers by ADP. It can be used to receive direct deposits as well as income from other sources.
ADP, the ADP logo, RUN Powered by ADP, Wisely, and Always Designing for People are trademarks of ADP, Inc. and its affiliates. ZipRecruiter is a
registered trademark of ZipRecruiter, Inc. All other marks are the property of their respective owners. Copyright © 2021 ADP, Inc. All rights reserved.
33
Document: CPQ EFS
Investment Summary
CITY OF KENYON
Created Date: 04-04-2023
Quote Number: Q-664921
Prepared by: Prepared for:
Nicole Lane CITY OF KENYON
Mid-Market HCM Consultant MARK VAHLSING
nlane@paychex.com mvahlsing@cityofkenyon.com
CITY OF KENYON
Paychex Flex Enterprise
Per Pay Period - Bi-Weekly Units Rate / Unit Total Discount Rate / Unit Net Total
after Discount
Paychex Flex Enterprise
Paychex Flex Payroll Bundle - Per 1 $166.00 $166.00 45.0% $91.30 $91.30
Payrun Fee
Paychex Payroll 26 $5.45 $141.70 45.0% $3.00 $78.00
Flex Time 26 $2.50 $65.00 45.0% $1.37 $35.62
Paychex Flex Time - Per Payrun 1 $28.00 $28.00 45.0% $15.40 $15.40
Fee
Total $220.32
Annual Fees Units Rate / Unit Total Discount Rate / Unit Net Total
after Discount
YE Processing- Forms W2/1099 - 1 $82.50 $82.50 0.0% $82.50 $82.50
Base
YE Processing- Forms W2/1099 - 26 $7.50 $195.00 0.0% $7.50 $195.00
Per User
YE Handling Fee 1 $25.00 $25.00 0.0% $25.00 $25.00
Total $302.50
One-time Fees Units Rate / Unit Total Discount Rate / Unit Net Total
after Discount
Paychex Flex Payroll Bundle - Setup 1 $500.00 $500.00 0.0% $500.00 $500.00
Fee
Paychex Flex Time - Setup Fee 1 $1,000.00 $1,000.00 50.0% $500.00 $500.00
Total $1,000.00
1
34
Document: CPQ EFS
electric city of kenyon
Paychex Flex Enterprise
Per Pay Period - Bi-Weekly Units Rate / Unit Total Discount Rate / Unit Net Total
after Discount
Paychex Flex Enterprise
Paychex Payroll 4 $5.45 $21.80 45.0% $3.00 $12.00
Flex Time 4 $2.50 $10.00 45.0% $1.37 $5.48
Total $17.48
Annual Fees Units Rate / Unit Total Discount Rate / Unit Net Total
after Discount
YE Processing- Forms W2/1099 - 4 $7.50 $30.00 0.0% $7.50 $30.00
Per User
YE Handling Fee 1 $25.00 $25.00 0.0% $25.00 $25.00
Total $55.00
One-time Fees Units Rate / Unit Total Discount Rate / Unit Net Total
after Discount
Paychex Flex Time - Setup Fee 1 $600.00 $600.00 0.0% $600.00 $600.00
Total $600.00
2
35
Document: CPQ EFS
Investment Summary Package
Paychex Flex® Enterprise Paychex Flex® Enterprise
Talent Management Workforce Management
• HR Library • Reporting and Analytics
• Onboarding Tasks • General Ledger Report
• Post Jobs with Indeed®
• New-Hire Reporting
• Paychex Flex HR Administration
• Employment & Income Verification Services
• Employee Handbook Builder
• Paychex Employee Screening Essentials - 15
• Labor Compliance Poster Kit
• Performance Management • Custom Reports and Data Exports
• Document Management • State Unemployment Insurance Service
• Labor Distribution and Job Costing
• Time-Off Accrual (TOA) Reporting
Payroll and Financial Support Employee Experience
• Payroll Processing • Enhanced Employee Mobile Experience
• Payroll Tax Services - Taxpay® • Learning Management System (LMS)
• Flexible Employee Pay Options • Online Reports and Analytics
• Garnishment Payment Service • Corporate Events Calendar
• General Ledger Service • Cashflow Assistance (FinFit®)
• 401(k) Report
• Retirement Plan Summary Report
• 24/7 U.S. Based Expert Support
3
36
Document: CPQ EFS
Notations
Product / Billing
• Totals displayed do not include sales tax where applicable.
• Prices are subject to change with advance notice; promotions are excluded from change.
* Additional training content for Paychex Learning Product offering is purchased through the e-commerce tool site by
authorized users.
• Payroll Delivery: Delivery fees charged only if incurred.
• Quarter/Year End Report Delivery: Quarter/YE Report Delivery fees are not included and will be charged if a package is
delivered. Additional fees will apply.
Implementation
• Worker's Compensation Report or Worker's Compensation Payment Service: Worker's Compensation Payment Service
• General Ledger Report or General Ledger reporting service: General Ledger Report
Year-End Delivery
• Note: Please review your delivery method with your service provider before 12/31 to avoid additional charges.
• Online Only
• You and your employees will receive no physical output.
• W2s are typically available online within the first full week of January.
4
37
Investment Summary
April 5, 2023 | Quote # Q-102860 | Quote valid for 30 days
Client Company Client Contact
City of Kenyon Mark Vahlsing
709 2nd St 709 2nd St
Kenyon, MN 55946 Kenyon,MN 55946
(507) 789-6415 ext. 105 (507) 789-6415 ext. 105
Total Employee Count Total Annual Investment
35 $5,758.26
Implementation Fee (One Time) Monthly Fee
$1,000.00 $445.48
Loc # Group # Company Name Emp Cnt Base Rate Monthly Annual Implementation
1 1 City of Kenya 31 $108.29 $6.54 $311.03 $4,039.86 $543.47
2 1 kmu 4 $108.29 $6.54 $134.45 $1,718.40 $456.53
Total 35 $445.48 $5,758.26 $1,000.00
*Annualized fees do not include usage based fees
*Monthly fees based on # of active employees
**Plus sales tax if applicable
FT See following pages for line item
breakdown of services
Paylocity Account Executive
A Date Diontae Jones
Signature
R (612) 358-4010
Client Authorization
Signature *Signature1
D *DateSigned1
Date
Name (Print)
The Paylocity services covered by this agreement are provided in accordance with the terms and conditions of this agreement.
38
Investment Summary
April 5, 2023 | Quote # Q-102860 | Quote valid for 30 days
One-Time Fees Group Qty Rate Price
Bundle Implementation $1,000.00
Payroll Implementation 1 - - Included
Time Off Accruals Implementation 1 - - Included
General Ledger Implementation 1 - - Included
HR Implementation 1 - - Included
Self Service Implementation 1 - - Included
Time & Labor Implementation 1 - - Included
One-Time Total $1,000.00
Group(s): 1
Monthly Fees Qty Base Rate Monthly
Complete HCM Solution 35 (See First Page Summary) $445.48
HR & Payroll
Payroll Processing Bi-Weekly/Semi-Monthly - - - Included
Tax Filing - - - Included
Time Off Accruals - - - Included
Direct Deposit
Signed and Sealed Checks
New Hire Reporting
Unlimited Product Training
FT -
-
-
-
-
-
-
-
-
-
-
-
Included
Included
Included
Included
Analytics
Employee Action Forms
Payroll Proration/Retro-pay
A -
-
-
-
-
-
-
-
-
Included
Included
Included
General Ledger Service
HR
Self Service Portal
R -
-
-
-
-
-
-
-
-
Included
Included
Included
Employee Engagement
Mobile
Community
Peer Recognition
D -
-
-
-
-
-
-
-
-
Included
Included
Included
Time & Labor
Time & Labor - - - Included
Monthly Total $445.48
Annual Fees Grp # Ctrls Base Qty Rate Annual
W2 / 1099 1 2 $50.00 35 $7.00 $345.00
Annual SSN Verification 1 2 $25.00 35 $0.50 $67.50
Annual Total $412.50
Usage Based Fees Base Rate
Delivery Next Day (UPS) $20.00
Split Pack $6.00
Garnishment Managed Services $8.00
The fees listed above are invoiced as incurred on per usage basis in accordance with the terms and conditions. Please note
these fees are in addition to the ongoing fees stated in the Investment Summary section of the quote.
39
Investment Summary
April 5, 2023 | Quote # Q-102860 | Quote valid for 30 days
FT
A
R
D
40
AGENDA ITEM NO. XI.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: April 11, 2023
SUBMITTED BY: Mark Vahlsing, City Council
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: On-Sale Liquor License Renewal- Kenyon VFW
SUGGESTED ACTION: Annual liquor license for VFW. See attached license below.
ATTACHMENTS:
DOC040723-004.pdf
41
42
AGENDA ITEM NO. XI.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: April 11, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Board of Appeal and Equalization Meeting – Thursday, April 20,
2023
SUGGESTED ACTION: The Board of Appeal will be held by the Goodhue County Assessors
Office on April 20. The meeting will be held in the Council room.
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. See notice attached below.
ATTACHMENTS:
43
AGENDA ITEM NO. XI.C
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: April 11, 2023
SUBMITTED BY: Mark Vahlsing, Legal
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Request for Chickens within City Limits
SUGGESTED ACTION: Joe and Briana Jensen have requested consideration for an ordinance
to allow chickens in residentially zoned areas of the City. If the
Council is interested in exploring this idea further the City
Administrator and City Attorney would need to develop a draft
ordinance. The draft ordinance would then be reviewed by the
Council for possible adoption.
MOTION MAY BE NEEDED
ATTACHMENTS:
44
AGENDA ITEM NO. XI.D
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: April 11, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Solid Waste Hauler Agreement
SUGGESTED ACTION: The current agreement for Solid Waste (trash) hauling expires June 30, 2023.
The Council has the 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.
Flom has requested an increase to rates based on the CPI for the last two years
and higher tipping fees at the Red Wing Land Fill. The requested increase is
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
65gallon $2.68/monthly increase
45
95gallon $3.72/monthly increase
65gallon new rate $19.99, old rate $17.31 95gallon new
rate $ 28.50, old rate $ 24.78
If the Council would like to proceed staff would recommend a 3
year extension of the current agreement. The City attorney would
draft the revised agreement. Information is contained in the letter
from Flom attached below.
MOTION NEEDED
ATTACHMENTS:
letter to city of Kenyon March 2023.docx
FlomAmendedSanitationcontract9-2020.docx
46
5865 Kenyon Blvd * Faribault, MN 55021 507-334-5767
March 17th, 2023
Mark Vahlsing, Kenyon City Administrator
RE: Request for rate increase
I appreciate the opportunity to provide the City of Kenyon with our waste and recycling
services. I believe our partnership has been beneficial for my business as well as the residents
of Kenyon. We are in the second year of our five year extension and look forward to many
more.
This letter has two price adjustments, one due to City of Red Wing Solid Waste Campus
(Goodhue County) disposal fee increase of $5/ton and a CPI adjustment. No CPI adjustment
was done in 2021, therefore there is an adjustment for 2021 and 2022. CPI is determined by
using the U.S Department of Labor Bureau of Labor Statistics website:
https://www.usinflationcalculator.com/inflation/consumer-price-index-and-annual-percent-changes
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
65gallon $2.68/monthly increase 95gallon $3.72/monthly increase
65gallon new rate $19.99, old rate $17.31 95gallon new rate $ 28.50, old rate $ 24.78
The team here at Flom Disposal is proud of the service we provide for the City of Kenyon, and it
is my hope that we can continue to provide our services for many years to come. I am always
available to discuss any question or concerns.
Sincerely,
Kyle Flom
kyle@flomdisposal.com
Owner
Flom Disposal
47
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
1
DOCSOPEN\KE200\51\673859.v1-9/8/20
48
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.)
2
DOCSOPEN\KE200\51\673859.v1-9/8/20
49
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.
3
DOCSOPEN\KE200\51\673859.v1-9/8/20
50
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.
4
DOCSOPEN\KE200\51\673859.v1-9/8/20
51
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.E
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: April 11, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Resolution 2023-06 City Support for SF3087 Amendment for
Appropriation, Transportation Management Organization
Development
SUGGESTED ACTION: The Southeast League of Municipalities (SEMLM) has been working
with area transportation providers including Hiawatha land transit to
request State funding to assist with the development of a plan for a
regional transit system (TMO) in SE MN. This would connect cities
to one another for residents to get to higher education facilities,
medical care, jobs, and any other activities that require use of transit.
The study would gather input from cities, counties, employers, higher
education, medical care providers, K-12 schools, current transit
providers, and other interested entities. This study findings could
create the framework for how our region might set up a Transit
Management Organization (TMO). SEMLM is asking area city
councils to pass a resolution of support for state funding for the
study. The resolution and further information from SEMLM is
attached below.
ATTACHMENTS:
DOC040723-001.pdf
Resolution 2023-06 City Support for SF3087 Amendment for Appropriation, Transportation
Management Organization Development.docx
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RESOLUTION NO. 2023-06
CITY OF KENYON
COUNTY OF GOODHUE
STATE OF MINNESOTA
RESOLUTION IN SUPPORT OF SF3087 AMENDMENT FOR “APPROPRIATION;
TRANSPORTATION MANAGEMENT ORGANIZATION DEVELOPMENT.
$350,000 in fiscal year 2024 is appropriated from the general fund to the commissioner of
transportation for grants to the city of Chatfield to develop a transportation management
organization in southeastern Minnesota. The commissioner must not retain any portion of this
appropriation. Funds under this section are available for developing a comprehensive assessment
and financial plan for a transportation management organization in the counties of Rice, Goodhue,
Dodge, Steele, Wabasha, Olmsted, Winona, Freeborn, Mower, Fillmore, and Houston. From funds
under this section, the study must assess how the transportation management organization can
develop resources to meet the region's growing and changing transportation needs and prioritize
transportation-related challenges that affect the region's workforce, access to health care and
postsecondary education, and quality of life.”
Whereas, southeast Minnesota lost key transit services in the region during the recent
pandemic, and
Whereas, communities in southeast Minnesota are highly interconnected by jobs, higher
education, medical services, and other activities that require travel, and
Whereas, communities in southeast Minnesota wish to build on and advance the
region’s current transit systems, services, and facilities, and
Whereas, communities have identified the need for southeast Minnesota to affirm the
TMO approach meets regional needs and priorities, by including major employers, post-
secondary commuter-based education, healthcare insurers and providers, elected officials, and
transportation providers, and
Whereas, planning for a TMO requires a detailed financial plan for a three-year start-up
implementation phase, including specific public and private funding sources,
Now, therefore be it resolved that the City of Kenyon supports the appropriation request
stated above for the purpose of creating a study and plan of a Regional Transit Management
Organization for southeastern Minnesota.
Adopted by the City Council of the City of Kenyon on this 11th day of April, 2023.
ATTEST:
___________________________ ______________________________
Mark Vahlsing, City Administrator Douglas Henke, Mayor
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AGENDA ITEM NO. XI.F
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: April 11, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Resolution 2023-07 Support of HF1285 to Remove the Income
Restrictions for Tax Increment in Non-Metropolitan Counties of
Minnesota
SUGGESTED ACTION: 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. Further information on bill and housing TIF
districts is attached below.
ATTACHMENTS:
Resolution 2023-07 Support of HF1285 TO REMOVE THE INCOME RESTRICTIONS FOR TIF IN
NON-METROPOLITAN COUNTIES OF MINNESOTA..docx
DOC040723-002.pdf
DOC040723-001.pdf
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RESOLUTION NO. 2023-07
CITY OF KENYON
COUNTY OF GOODHUE
STATE OF MINNESOTA
RESOLUTION IN SUPPORT OF HF1285 TO REMOVE THE INCOME RESTRICTIONS FOR TIF
IN NON-METROPOLITAN COUNTIES OF MINNESOTA.
Whereas, there is need for more flexibility to use TIF as deemed necessary by the communities of
our region,
Whereas, there is a significant need for a broad spectrum of housing types in southeast Minnesota
communities,
Whereas, cities need the ability to set their own income limits for TIF housing projects,
Whereas, cities need the ability to locally set other parameters that match the needs of the
community, and
Whereas, this bill would make a difference in what cities could do to serve their communities,
Now, therefore be it resolved that the City of Kenyon hereby supports HF1285, which would
remove the income restrictions for TIF in the non-metropolitan counties in Minnesota.
Adopted by the City Council of the City of Kenyon on this 11th day of April, 2023.
ATTEST:
___________________________ ______________________________
Mark Vahlsing, City Administrator Douglas Henke, Mayor
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AGENDA ITEM NO. XI.G
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: April 11, 2023
SUBMITTED BY: Mark Vahlsing, Fire
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Fire Relief Gambling Application – Kenyon Country Club
SUGGESTED ACTION: The Fire Relief Association is requesting Council approval for a
lawful gambling application to operate pull tabs at the Kenyon
Country Club.
MOTION NEEDED
ATTACHMENTS:
Resolution 2023-08 Approving the Application for Lawful Gambling of Kenyon Firemen's Relief
Assocation.doc
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RESOLUTION 2023-08
CITY OF KENYON
COUNTY OF GOODHUE
STATE OF MINNESOTA
A RESOLUTION APPROVING THE APPLICATION
FOR LAWFUL GAMBLING OF KENYON FIREMEN’S RELIEF ASSOCIATION
WHEREAS, Kenyon Firemen’s Relief Association desires to continue lawful gambling
operations; and
WHEREAS, there is a requirement that the local unit government must pass a resolution
specifically approving or denying the gambling license application; and
WHEREAS, the Kenyon City Council acknowledges that Kenyon Firemen’s Relief
Association is applying for a premise permit for Pull Tabs within the City limits.
NOW THEREFORE, BE IT RESOLVED, that the City of Kenyon hereby approves the
application of Kenyon Firemen’s Relief Association to conduct lawful gambling at “Kenyon
Country Club”.
Adopted by the City Council on this 11th day of April 2023.
Douglas Henke
Mayor
ATTEST:
Mark Vahlsing
City Administrator
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AGENDA ITEM NO.
XII.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: April 11, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: Miscellaneous
AGENDA SECTION: F.Y.I. - Department Updates
SUBJECT: FYI
SUGGESTED ACTION: See attached department updates.
ATTACHMENTS:
4-11-23 FYI.pdf
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