Kenyon/City Hall/Meetings/June 11, 2024
Regular meeting

Kenyon City Council, June 11, 2024

The Kenyon City Council met June 11, 2024 with all five members present. Citizen comment dominated the opening: Goodhue County Commissioner Todd Greseth updated the council and thanked the city and fire department for storing the county's mobile command center, while resident Jay Kindseth raised concerns that 2004 restrictive covenants at Countryside Meadows were not being followed and questioned enforcement of the city's animal control ordinance limiting residences to three animals.

11motions
11 unanimousno split votes
5present
2resolutions
$104,319largest figure
Norecording posted
rezoning sanitary sewer city administrator hiring public works contracts subdivision covenants traffic safety city finances facility use

What happened

  1. Approved Pay Application No. 5 to BCM Construction for $104,318.56 for work through May 31, 2024 on the Pearl Creek & Gates Avenue lift station.
  2. Adopted Ordinance 104 rezoning two Peterson parcels (PID# 66.180.0130 and #66.180.0150) from I-1 and R-1 to C-2 (General Commercial), 5-0-0.
  3. Adopted Resolution 2024-16 approving summary publication of Ordinance 104 and Resolution 2024-15 approving the Peterson lot combination at 98 Gunderson Boulevard.
  4. Finance Director Whitney Kyllo moved the City CD from a 0.4% rate to 4.87% for 24 months, raising quarterly interest from about $105 to an expected $1,000-plus.
  5. Council set four priorities for Interim Administrator Boyles: select an administrator recruitment proposal, hire and contract with a new administrator, review the pay study, and implement a modified pay plan.
  6. Approved implementing a "Request for Council Action" form to standardize staff reports.
  7. Denied the KW Wrestling Booster Club's request to meet monthly at the Fire Hall, citing insurance and equal-access concerns.
  8. Approved closing the City Office and Library on Friday, July 5, 2024.
  9. Approved a liquor request for Colin Lambert at Depot Park on July 13, 2024.
  10. Consent agenda approved payment of check numbers 76082 through 76167 and 4969E through 4993E; August meeting date to be moved because August 13 is the Primary Election.

What was asked 24 raised · 13 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.

13 what happened next5 partly answered3 not a data question3 we hold no data
QuestionJay Kindseth, citizenfrom the minutes
Jay Kindseth questioned the enforcement of the animal control ordinance that states it is unlawful for a residential unit or site to keep more than three animals over six months of age without securing a permit from the city.

Citizen said he knows of a residence with at least nine dogs.

At the meetingAttorney Riggs said the council may direct city staff to look at the ordinance and propose possible changes to be enforced.

What happened next

The ordinance was rewritten rather than enforced as written. On August 20 2024 Attorney Riggs reported revisions to city code 900.11 limiting dogs or cats over six months of age to three, and stated the existing ordinance had unclear and problematic aspects. One named defect was that the old text said animals rather than dogs and cats, so any animal not otherwise regulated appeared to be capped at three. No permit register and no enforcement action record appears in anything we hold.

8-20-24 Agenda and 7.9.24 Council Packet · taken up again 2024-08-20

Action itemInterim Administrator Frank Boylesfrom the minutes
He would like the council to hear their proposal presentations. A special council meeting will be held after checking with the two firms on a possible date.

Two quotes were obtained for solicitation and recruitment of a new full-time city administrator.

At the meetingNo date set at the meeting.

What happened next

The special meeting was held on June 20 2024, with both firms presenting: David Drown Associates and South Central Service Cooperative, whose proposals are attached to that agenda. The council selected South Central Service Cooperative, with Mike Humpal, at $14,500.

6-20-24 Agenda and KENYON_BIDS.md · taken up again 2024-07-09

Action itemCouncil Member Sjolander (motion), seconded by Helgesonfrom the minutes
Motion by Sjolander seconded by Helgeson to prioritize the following four items to be completed first. 1. Receive two proposals and select one to solicit and recruit a new full-time city administrator. 2.

Council prioritization of 11 staff- and council-identified tasks down to four.

At the meetingMotion carried 5-0-0.

What happened next

Both proposals were heard at the June 20 2024 special meeting and the council selected South Central Service Cooperative, represented by Mike Humpal, at $14,500, over David Drown Associates. The motion setting this as priority one carried 5-0-0.

6-20-24 Agenda and KENYON_BIDS.md · taken up again 2024-07-09

Action itemCouncil Member Sjolander (motion), seconded by Helgesonfrom the minutes
Receive two proposals and select one to solicit and recruit a new full-time city administrator. 2. Conduct the selection process and execute an employment agreement with the new administrator. 9 3.

Second of four prioritized tasks.

At the meetingMotion carried 5-0-0.

What happened next

The selection finished on November 12 2024, when the council reviewed each candidate's strengths and concerns and Mayor Henke announced for the public that a candidate had been chosen, with consultant Mike Humpal directed to negotiate the employment agreement and return for final approval. The administrator named in every packet from January 2025 onward is Scott Lehner, and the recruitment that produced him cost $14,500.

11.12.24 Council Packet and KENYON_BIDS.md · taken up again 2024-11-12

Action itemCouncil Member Sjolander (motion), seconded by Helgesonfrom the minutes
Conduct the selection process and execute an employment agreement with the new administrator. 9 3. Review in detail the pay study to determine what portions are usable, and which need modification. 4.

Third of four prioritized tasks for the interim administrator.

At the meetingMotion carried 5-0-0.

What happened next

The review produced two adopted plans rather than a memo. At the August 29 2024 work session staff reported that 2024 pay adjustments had already been made for three of the city's four employee groups and that adopting a compensation and classification plan plus a performance evaluation plan would let the fourth group be treated comparably. From 2025 both plans apply to all groups at the start of the year and are updated on the market and council action. The pay study document itself is not in anything we hold.

8-29-24 work session · taken up again 2024-08-29

Action itemCouncil Member Sjolander (motion), seconded by Helgesonfrom the minutes
Review in detail the pay study to determine what portions are usable, and which need modification. 4. Implement the modified pay plan, over time.

Fourth of four prioritized tasks.

At the meetingMotion carried 5-0-0.

What happened next

Implementation ran over the following two years and was still being argued in 2026. The fourth employee group was brought into line through the 2024 plans, then the 2026 budget carried a 3 percent cost-of-living adjustment but no step increase, which Lehner put at approximately $41,000 to add. The council voted to pay the 2026 step increase retroactive to the first payroll and to move to a January cost-of-living adjustment with steps on anniversary dates from 2027.

8-29-24 work session and 2-10-26 Council Packet · taken up again 2026-01-13

Action itemEngineer Derek Olingerfrom the minutes
Sanitary Sewer Flows Engineer Olinger stated that continued support to monitor and make improvements to the City's sewer system is needed.

Sewer flows exceeding treatment plant capacity after heavy rain.

At the meetingNo specific work plan or cost presented.

What happened next

This became a standing capital program. By March 10 2026 the sanitary sewer plan listed five items: prioritize inflow and infiltration reduction, continue replacing and rehabilitating clay pipe, a future sump pump program, detailed sewer televising and review, and treatment plant considerations. Work already spent against it includes $1,241,494.22 to BCM Construction for Pearl Creek sanitary sewer and Gates Avenue in 2023, $12,782.68 to Empire Pipe Services for televising in 2022, the Visu-Sewer award for Highway 60 televising in May 2026, and sewer lining inside the $2,294,629.25 2025 project. A costed list of specific problem areas still does not exist in our record.

3-10-26 Council Packet and KENYON_BIDS.md · taken up again 2026-03-10

PendingEngineer Derek Olingerfrom the minutes
ENGINEERING Pearl Creek & Gates Avenue Utility Improvements 8 Engineer Olinger stated that work is continuing on the lift station.

Engineering project update.

What happened next

The lift station finished but the project did not close cleanly. Electrical work was nearly complete by August 20 2024 with completion expected mid-August, and by January 14 2025 most work was done but minor grading, stabilization and turf establishment on the Barrett property remained. The engineer recommended setting a completion date in early spring, with liquidated damages suspended over the winter, and pay application 11 covering November 2 to December 3 came to just $4,430 against a contract of $1,241,494.22.

8-20-24 Agenda and 1-14-25 Council Packet · taken up again 2025-01-14

RequestKW Wrestling Booster Clubfrom the minutes
Facility Use Form – KW Wrestling Booster Club Interim Administrator Boyles stated that the KW Wrestling Booster Club filled out a facility request to meet at the Fire Hall once a month during the school year.

New business item on facility use by outside groups.

At the meetingThe request was denied after council concerns about opening city buildings to public use.

What happened next

The request was denied, on the stated grounds that opening city buildings to the public would require additional liability insurance and that allowing one group would require allowing all. The rule has since been applied with one carve-out: on April 12 2026 a Community Summer Safety Event at the Fire Hall on June 2 2026 was put forward for approval specifically because the fire department was a participant, with the packet noting that the fire department is usually not used for public events. No written facility use policy appears in anything we hold.

7.9.24 Council Packet and 4-12-26 Council Packet · taken up again 2026-04-12

Unsourced claimCouncil Member Helgeson (motion), seconded by Baileyfrom the minutes
Pay Application #5 to BCM Construction Motion by Helgeson second by Bailey to approve pay request No. 5 to BCM Construction in the amount of $104,318.56 for work completed through May 31, 2024.

Approval of a progress payment on the Pearl Creek & Gates Avenue utility project.

At the meetingMotion carried 5-0-0.

What happened next

Pay request 5 for $104,318.56 through May 31 2024 was approved on a motion by Helgeson seconded by Bailey, carried 5-0-0. Payments continued with request 6 at $112,532.25 through June 28 2024, request 10 in November 2024 and request 11 at $4,430 in January 2025. The underlying contract is BCM Construction at $1,241,494.22, awarded June 13 2023 against Minger at $1,327,721.90, Heselton at $1,385,155.00 and an engineer's estimate of $1,536,065.

7.9.24 and 8-20-24 packets, KENYON_BIDS.md · taken up again 2025-01-14

Action itemCouncil Member Ryan (motion), seconded by Helgesonfrom the minutes
Motion by Ryan seconded by Helgeson to implement the "Request for Council Action" form for council agenda items.

Standardizing staff reports so the public and commissions can find information consistently.

At the meetingMotion carried 5-0-0.

What happened next

The form was adopted 5-0-0 and is visibly in use across the record that follows. Packets from June 2024 onward carry its headings, with the June 20 2024 agenda using Title of Issue and Background and Supplemental Information, the August 29 2024 work session using Requested Council Action, and packets through 2026 using Subject and Suggested Action. The blank template itself is not in anything we hold.

6-20-24 Agenda, 8-29-24 work session, 9-8-26 Council Packet · taken up again 2024-06-20

PendingInterim Administrator Frank Boylesfrom the minutes
Receive Fulltime City Administrator Solicitation and Recruitment Proposal Interim Administrator Boyles stated two quotes were obtained for the solicitation and recruitment of a new city administrator. He would like the council to hear their proposal presentations.

Council will hear presentations from the two firms at a special meeting.

At the meetingNo selection made; a special meeting is to be scheduled.

What happened next

Both proposals were presented at the June 20 2024 special meeting, attached to that agenda as the David Drown Associates and South Central Service Cooperative documents, and the council selected South Central Service Cooperative with Mike Humpal at $14,500. Humpal then ran the selection through to November 12 2024, when the council picked a candidate and directed him to negotiate the employment agreement.

6-20-24 Agenda, KENYON_BIDS.md, 11.12.24 Council Packet · taken up again 2024-11-12

RequestInterim Administrator Frank Boylesfrom the minutes
Holiday Office Closing - City Office/Library Close July 5 Interim Administrator Boyles requested approval for City Offices and the Library to be closed on Friday, July 5, 2024.

Holiday office closing item.

At the meetingApproved 5-0-0.

What happened next

The council approved closing the city offices and library on Friday July 5 2024 on a motion by Bailey seconded by Ryan, carried 5-0-0. The same approval pattern repeats for winter closings, with December 24 and 26 2025 approved 4-0-0 and December 24 2024 plus an early library close on December 31 approved 5-0-0.

7.9.24, 1-13-25 and 1-14-25 Council Packets · taken up again 2024-07-09

Action itemInterim Administrator Frank Boylesfrom the minutes
Date Change of August Council Meeting Interim Administrator Boyles stated the August council meeting is scheduled for August 13, which is the date of the Primary Election. He will work on setting up an alternative meeting date in August.

Conflict between the regular August meeting and the Primary Election.

At the meetingNo alternative date selected at the meeting.

Partly answered

No alternative August 2024 meeting date appears in anything we hold, so whether the meeting moved and to when is unresolved. The city faced the identical conflict two years later and handled it on the record: on August 6 2026 Lehner reported the August 11 council meeting had to move for the primary election, and the council rescheduled it to Thursday August 6 at 7:00 p.m. on a motion by Sjolander seconded by Bailey, carried 4-0-0. The 2024 rescheduling notice would settle this one.

7.9.24 Council Packet and 8-6-26 Council Packet

Unsourced claimEngineer Derek Olingerfrom the minutes
With the recent heavy rains, the sanitary sewer flows at the wastewater treatment plant have spiked well above the facility's capacity.

Engineering update on sanitary sewer flows.

At the meetingOlinger said continued support to monitor and make improvements to the sewer system is needed and public works has been working to resolve known problematic issues.

Partly answered

We hold no wastewater plant flow data and no rated capacity figure, so the size of the spike cannot be checked. The cause is documented: Bolton and Menk's existing conditions report for the 2025 project states that many sanitary sewers throughout Kenyon are older clay pipes susceptible to groundwater infiltration. The plant had a separate compliance failure in May 2025, when testing showed mercury out of compliance and the Pollution Control Agency was notified. Plant flow logs against the permitted capacity would settle the original claim.

9.10.24 Council Packet and 9-9-25 Council Packet · taken up again 2025-09-09

Unsourced claimCity Attorney Scott Riggsfrom the minutes
The original covenants were revised in March 2024 with several of the covenants being deleted. The remaining open lots were sold to Bigelow & Lennon Construction in April 2024.

Response to citizen complaint about covenant compliance.

At the meetingOffered as the attorney's explanation; no document cited.

Partly answered

No recorded covenant amendment and no April 2024 deed appears in anything we hold, so the March and April sequence rests on the attorney's statement alone. Current assessment records do corroborate the purchase: Bigelow and Lennon Construction LLC holds 5 buildable vacant lots, and it is the only owner in Kenyon with more than one. The recorded amendment and the deed from Goodhue County would settle the dates.

7.9.24 Council Packet and taxes/data/kenyon_tax.json

Unsourced claimNate Rud, Bigelow & Lennon Constructionfrom the minutes
Nate Rud from Bigelow & Lennon Construction stated that the covenants were changed before they bought the lots in April. He thought everything was fine.

Builder's response to the citizen's covenant complaint.

At the meetingNo action taken by council.

Partly answered

The builder's account matches the attorney's on sequence, covenants revised in March 2024 and lots sold in April 2024, but neither is supported by a document in our record. Only the recording date stamped on the covenant amendment and the date on the deed, both held by the Goodhue County recorder, can establish which came first. Our assessment data confirms only the end state, that Bigelow and Lennon Construction LLC now holds 5 buildable vacant lots in the city.

7.9.24 Council Packet and taxes/data/kenyon_tax.json

Unsourced claimInterim Administrator Frank Boylesfrom the minutes
NEW BUSINESS City Council Prioritization of Upcoming Action Interim Administrator Boyles reviewed a list of 11 tasks to be completed that were identified as priorities by staff and city council.

Council prioritization discussion, from which four items were selected.

At the meetingCouncil selected four of the tasks by motion.

Partly answered

Only the four tasks the council selected are recorded, not the full list of 11. The four are recruiting a firm to solicit a city administrator, running the selection and executing an employment agreement, reviewing the pay study in detail, and implementing the modified pay plan over time. The seven unselected tasks are not named in anything we hold, and the packet attachment listing all 11 would settle what the council set aside.

7.9.24 Council Packet

RequestJay Kindseth, 702 Bullis Street, citizenfrom the minutes
SEMMCHRA had signed a "Declaration of Restrictive Covenants for Countryside Meadows Addition" in 2004 that stated it was to be in effect for 30 years. Kindseth stated that the covenants were not being followed.

Citizen comment on new home construction in the Countryside Meadows subdivision.

At the meetingAttorney Riggs said the city was not involved in the original or revised covenants and that as long as the builder follows the current covenants there should not be an issue.

Not a data question

Enforcement of the Countryside Meadows covenants is not the city's call. Attorney Riggs stated the city was not a party to the original or the revised covenants, which makes this a private matter between the covenant holders and the builder. Assessment records do confirm the builder's position in town: Bigelow and Lennon Construction LLC is the only owner in Kenyon holding more than one buildable vacant lot, with 5, and the covenant signer SEMMCHRA holds 3 parcels worth $2,391,700 on which it pays no city tax.

7.9.24 Council Packet, taxes/data/kenyon_tax.json, dashboard/data/entities.json

Unsourced claimCity Attorney Scott Riggsfrom the minutes
Attorney Riggs stated that the city would need to get additional liability insurance if the public was allowed to use city buildings.

Basis for denying the KW Wrestling Booster Club facility request.

At the meetingCouncil denied the request.

Not a data question

Whether public use of a city building requires added coverage is a determination for the city's insurer and its attorney, and no written coverage opinion or premium quote appears in anything we hold. For contrast on how the city treats liability elsewhere, it requires developers to carry at least $1,000,000 in public liability naming the city as an additional insured, while alcohol at a private party in a city park is allowed by permit with no condition on glass, vendor or insurance.

The city refuses a monthly booster club meeting in the fire hall on liability grounds while permitting private parties to serve alcohol in its parks with no insurance condition at all.

9-8-26 Council Packet and KENYON_DEPOT_PARK.md

RequestColin Lambertfrom the minutes
Approve Request for Liquor at Depot Park – Colin Lambert, July 13, 2024 Motion by Helgeson, seconded by Henke to approve the liquor request for Colin Lambert in Depot Park on July 13, 2024.

New business liquor request for a park event.

At the meetingApproved 5-0-0.

Not a data question

Nothing is outstanding on this item. The request was approved 5-0-0, and park alcohol permits carry no condition on glass, vendor or insurance under the city's ordinance.

KENYON_DEPOT_PARK.md

To look upfrom the minutes
Date Change of August Council Meeting Interim Administrator Boyles stated the August council meeting is scheduled for August 13, which is the date of the Primary Election.

August 13 regular meeting conflicts with the Primary Election.

We hold no data

We hold no record of the date the August 2024 meeting was moved to. The council packet or posted notice for the rescheduled August 2024 meeting would settle it. The only fixed dates in our record for that month are the August 13 2024 primary election and an August 20 2024 council agenda and an August 29 2024 work session, which suggests the meeting landed on August 20.

8-20-24 Agenda and 8-29-24 work session · would settle it: A set meeting date adopted by council.

Unsourced claimFinance Director Whitney Kyllo (via council packet update)from the minutes
The CD was only gaining about $105 of interest quarterly, with this new interest rate, we should expect over $1,000 quarterly in interest earnings.

Finance item on the Security State Bank of Kenyon public funds CD.

At the meetingReported as an update in the council packet; no action noted.

We hold no data

The Security State Bank certificate of deposit confirmation is not in our archive, so the rate, term and principal cannot be verified.

KENYON_DATA_IN_MEETINGS.md · would settle it: The CD confirmation document from Security State Bank showing rate, term, and principal.

Unsourced claimJay Kindseth, citizenfrom the minutes
Jay Kindseth questioned the enforcement of the animal control ordinance that states it is unlawful for a residential unit or site to keep more than three animals over six months of age without securing a permit from the city. He knows of a residence with at least nine dogs.

Supporting his question about animal control ordinance enforcement.

At the meetingNo verification offered at the meeting.

We hold no data

We hold no code enforcement file, police report or animal permit register for any Kenyon address, so the nine dogs cannot be confirmed or ruled out. A city inspection record for the address would settle it. The complaint did move the ordinance: two months later the council clarified code 900.11, in part because the old text capped animals generally rather than dogs and cats.

7.9.24 Council Packet and 8-20-24 Agenda · taken up again 2024-08-20 · would settle it: A police or code enforcement inspection record for the address.

Decisions 11 motions

Who did what

PersonAt this meeting
Doug Henke
Mayor
Called the meeting to order; seconded the Depot Park liquor request approval
Kim Helgeson
Council Member
Moved approval of the BCM pay request, the lot combination resolution and the liquor request; thanked city staff
Mary Bailey
Council Member
Moved approval of the consent agenda and the July 5 office/library closing
Molly Ryan
Council Member
Moved agenda adoption, Ordinance 104, Resolution 2024-16, the staff report form and adjournment
Lee Sjolander
Council Member
Moved the four-item council priority list; thanked public works, police and pool staff
Frank Boyles
Interim Administrator
Presented 11 candidate priorities, the Request for Council Action form, two administrator recruitment quotes, the August meeting date conflict, the facility use request and the July 5 closing
Holli Gudknecht
Administrative Assistant
Recorded the minutes and prepared agenda items
Scott Riggs
City Attorney
Explained the Countryside Meadows covenants history, advised on animal ordinance enforcement, reviewed the rezoning and lot combination, and warned of liability insurance needs for public building use
Derek Olinger
City Engineer
Reported on lift station progress and elevated sanitary sewer flows; reviewed the Peterson rezoning request
Wayne Ehrich
Public Works Director
Present; public works work to resolve known sewer inflow problems was noted
Jeff Sjoblom
Police Chief
Present at the meeting
Brian Homeier
Officer
Presented the Toward Zero Deaths program summary with Jessica Seide
Jessica Seide
SE MN TZD Coordinator
Presented a summary of Toward Zero Deaths Program activities
Todd Greseth
Goodhue County Commissioner
Gave a county update and thanked the fire department and city for storing the county mobile command center
Jay Kindseth
Resident, 702 Bullis Street
Raised concerns about Countryside Meadows covenants and animal control ordinance enforcement
Nate Rud
Bigelow & Lennon Construction
Said covenants were changed before the company bought the lots in April
Whitney Kyllo
Finance Director
Reported moving the City CD to a 4.87% rate for 24 months
Paul Peterson
Property owner/applicant
Requested rezoning of two parcels and a lot combination, both approved
Lisa Peterson
Property owner/applicant
Co-applicant for the rezoning and lot combination
Colin Lambert
Liquor permit applicant
Received approval for liquor at Depot Park on July 13, 2024

Organizations named: BCM Construction, Bolton & Menk, SEMMCHRA, Bigelow & Lennon Construction, Goodhue County, Kenyon Fire Department, MnDOT / Toward Zero Deaths Program, Security State Bank of Kenyon, KW Wrestling Booster Club, Kenyon Police Department, Kenyon Municipal Utilities (KMU), Kenyon Public Library

Figures

AmountWhat
$104,318.56Pay Application No. 5 to BCM Construction for the Pearl Creek & Gates Avenue utility improvements
$105approximate quarterly interest the City CD earned at the old 0.4% rate
$1,000expected quarterly interest earnings on the City CD at the new 4.87% rate
$1,241,494.22original contract price for the 2023 Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements (packet)
$14,800.00net change by change orders on the BCM Construction contract (packet)
$685,324.90total work completed and materials stored to date on the project (packet)
$546,740.09less previous payments to BCM Construction (packet)

Said at the meeting

As long as the builder is following the current covenants, there should not be an issue.

Scott Riggs, City Attorney · minutes, verbatim

Attorney Riggs replied that the council may direct city staff to look at the ordinance and propose possible changes to be enforced.

Scott Riggs, City Attorney · minutes, verbatim

He didn't mean to cause any trouble.

Nate Rud, Bigelow & Lennon Construction · minutes, verbatim

With the recent heavy rains, the sanitary sewer flows at the wastewater treatment plant have spiked well above the facility's capacity.

Derek Olinger, Engineer · packet, verbatim

Council Member Helgeson thanked all the city staff.

Kim Helgeson, Council Member · packet, verbatim

Resolutions and ordinances

  • Approving Summary Publication of an Ordinance 104 by Title and Summary Motion by Ryan seconded by Helgeson to adopt Resolution 2024-16Res. 2024-16
  • Approving Lot Combination (Peterson) Motion by Helgeson second by Sjolander to adopt Resolution 2024-15 approving the lot combination for PauRes. 2024-15
  • Rezoning Two Parcels of Land Owned by Paul and Lisa Peterson from I-1 (General Industrial) to C-2 (General Commercial) anOrd. 104

Agenda

Each item links to where it appears in the packet.

  1. I. CALL TO ORDER AND ROLL CALL
  2. II. ADOPT AGENDA
  3. II.A Adopt the Agenda for 6-11-24
  4. III. CONSENT AGENDA
  5. IV. PRESENTATIONS/PUBLIC HEARINGS RECOGNITIONS/PROCLAMATIONS
  6. IV.A Toward Zero Death Program - Jessica Schleck MNDOT TZD Coordinator
  7. V. ENGINEERING
  8. V.A Pearl Creek & Gates Ave Utility Improvements
  9. V.B Sanitary Sewer Flows
  10. VI. LEGAL
  11. VI.A Ordinance 104: Rezoning of Two Parcels of Land from I-1 and R-1 to C-2 (General
  12. VI.B Resolution 2024-15: Granting Approval of a Lot Combination for Paul and Lisa
  13. VII. FINANCIAL
  14. VII.A May 2024 Treasurer's Report
  15. VII.B Payment of Claims
  16. VII.C Security State Bank of Kenyon Public Funds CD
  17. VIII. OLD BUSINESS
  18. IX. NEW BUSINESS
  19. IX.A City Council Prioritization of Upcoming Actions
  20. IX.B Modification of City Staff Reports
  21. IX.C Receive Fulltime City Administrator Solicitation and Recruitment Proposals
  22. IX.D Date Change of August Council Meeting
  23. IX.E Approve Request for Liquor at Depot Park – Colin Lambert, July 13, 2024
  24. IX.F Facility Use - KW Wrestling Boosters Club
  25. IX.G Holiday Office Closing - City Office/Library Close July 5
  26. X. F.Y.I. - Department Updates
  27. XI. COUNCIL AND STAFF GENERAL COMMENTS
  28. XII. ADJOURNMENT
  29. II. CITIZEN COMMENTS
  30. A. City Council Meeting Minutes of May 14, 2024
  31. B. City Council Special Session Meeting Minutes of May 14, 2024
  32. C. City Council Special Session Meeting Minutes of May 22, 2024
  33. D. Approve Hire of Municipal Liquor Store Employees Reganne Androli and Flint
  34. VI. PRESENTATIONS/PUBLIC HEARINGS
  35. A. Toward Zero Death Program - Jessica Schleck MNDOT TZD Coordinator
  36. A. Pearl Creek & Gates Avenue Utility Improvements
  37. B. Sanitary Sewer Flows
  38. A. Rezoning Request – Paul & Lisa Peterson
  39. B. Lot Combination: Paul & Lisa Peterson
  40. A. City Council Prioritization of Upcoming Actions
  41. B. Modification of City Staff Reports
  42. C. Receive Fulltime City Administrator Solicitation and Recruitment Proposals
  43. D. Date Change of August Council Meeting
  44. E. Approve Request for Liquor at Depot Park – Colin Lambert, July 13, 2024
  45. F. Facility Use Form – KW Wrestling Booster Club
  46. A. Holiday Office Closing - City Office/Library Close July 5
  47. XII. OTHER BUSINESS
  48. A. Schedule of Upcoming Meetings

Full packet text (187k characters)

The minutes

Official minutes as adopted, from 7.9.24 Council Packet 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 June 2024. The meeting was called to order by Mayor Henke.

Present
Mayor Doug Henke, Council Members Kim Helgeson, Mary Bailey, Molly Ryan, and Lee Sjolander
Also present
Interim Administrator Frank Boyles, Administrative Assistant Holli Gudknecht, Police Chief Jeff Sjoblom, Engineer Derek Olinger, Public Works Director Wayne Ehrich, City Attorney Scott Riggs, Officer Brian Homeier, Todd Greseth, Jay Kindseth, Nate Rud

The meeting opened with the Pledge of Allegiance.

Citizen Comment

Goodhue County Commissioner, Todd Greseth, gave an update on what is happening in the County and what is coming up. He thanked the Kenyon Fire Department and City for storing the Goodhue County mobile command center vehicle.

Jay Kindseth, 702 Bullis Street, expressed his concerns about the new home construction at Countryside Meadows subdivision. SEMMCHRA had signed a "Declaration of Restrictive Covenants for Countryside Meadows Addition" in 2004 that stated it was to be in effect for 30 years. Kindseth stated that the covenants were not being followed.

Attorney Riggs replied that the city was not involved in the original or revised covenants. The original covenants were revised in March 2024 with several of the covenants being deleted. The remaining open lots were sold to Bigelow & Lennon Construction in April 2024. As long as the builder is following the current covenants, there should not be an issue.

Nate Rud from Bigelow & Lennon Construction stated that the covenants were changed before they bought the lots in April. He thought everything was fine. He didn't mean to cause any trouble.

Jay Kindseth questioned the enforcement of the animal control ordinance that states it is unlawful for a residential unit or site to keep more than three animals over six months of age without securing a permit from the city. He knows of a residence with at least nine dogs.

Attorney Riggs replied that the council may direct city staff to look at the ordinance and propose possible changes to be enforced.

Adopt Agenda

Motion

Motion by Ryan seconded by Bailey to approve the agenda. Motion carried 5-0-0.

Consent Agenda

Motion

Motion by Bailey seconded by Ryan to approve the Consent Agenda, which includes payment of check numbers 76082 through 76167; 4969E through 4993E. Motion carried 5-0-0.

Presentations / Public Hearings / Recognitions / Proclamations

Toward Zero Deaths Update – Jessica Seide

Jessica Seide, SE MN TZD Coordinator and Officer Homeier presented a summary of the Toward Zero Deaths Program activities. The goal of the TZD program is to reduce injuries and deaths due to speeding, impaired and drunk driving and other preventable causes on Minnesota Roads.

Engineering

Pearl Creek & Gates Avenue Utility Improvements

Engineer Olinger stated that work is continuing on the lift station. Pay Application #5 to BCM Construction

Motion

Motion by Helgeson second by Bailey to approve pay request No. 5 to BCM Construction in the amount of $104,318.56 for work completed through May 31, 2024. Motion carried 5-0-0.

Sanitary Sewer Flows

Engineer Olinger stated that continued support to monitor and make improvements to the City's sewer system is needed. With the recent heavy rains, the sanitary sewer flows at the wastewater treatment plant have spiked well above the facility's capacity. Public works has been working to resolve some of the known problematic issues.

Legal

Rezoning Request – Paul & Lisa Peterson

Attorney Riggs and Engineer Olinger reviewed the request from Paul and Lisa Peterson to rezone two parcels (PID# 66.180.0130 and #66.180.0150) they own from I-1 (General Industrial) to C-2 (General Commercial) and from R-1 (Residential) to C-2 (General Commercial). The Planning Commission held a public hearing on June 4, 2024, and recommended the rezoning change. There were no public comments.

Ordinance 104: Rezoning Two Parcels of Land Owned by Paul and Lisa Peterson from I-1 (General

Industrial) to C-2 (General Commercial) and from R-1 (Residential) to C-2 (General Commercial

Motion

Motion by Ryan seconded by Bailey to adopt Ordinance 104. Motion carried 5-0-0.

Resolution 2024-16 Approving Summary Publication of an Ordinance 104 by Title and Summary
Motion

Motion by Ryan seconded by Helgeson to adopt Resolution 2024-16. Motion carried 5-0-0.

Lot Combination: Paul & Lisa Peterson

Attorney Riggs stated that Paul & Lisa Peterson requested approval to combine two lots located at 98 Gunderson Boulevard. Resolution 2024-15: Approving Lot Combination (Peterson)

Motion

Motion by Helgeson second by Sjolander to adopt Resolution 2024-15 approving the lot combination for Paul & Lisa Peterson. Motion carried 5-0-0.

Old Business

Finance

Security State Bank of Kenyon Public Funds CD

Finance Director, Whitney Kyllo included an update in the council packet showing she moved the City CD from an interest rate of .4% to a 4.87% interest rate for 24 months. The CD was only gaining about $105 of interest quarterly, with this new interest rate, we should expect over $1,000 quarterly in interest earnings.

New Business

City Council Prioritization of Upcoming Action Interim Administrator Boyles reviewed a list of 11 tasks to be completed that were identified as priorities by staff and city council. The council was asked to prioritize the tasks and identify three to five priorities to be accomplished by Boyles.

Motion

Motion by Sjolander seconded by Helgeson to prioritize the following four items to be completed first. 1. Receive two proposals and select one to solicit and recruit a new full-time city administrator. 2. Conduct the selection process and execute an employment agreement with the new administrator. 9 3. Review in detail the pay study to determine what portions are usable, and which need modification. 4. Implement the modified pay plan, over time.

Motion carried 5-0-0

Modification of City Staff Reports Interim Administrator Boyles introduced a "Request for Council Action" form to be used by staff to request city council meeting actions. This form would make all public reports consistent looking so the public, committee members, and commissioners know exactly where to find information.

Motion

Motion by Ryan seconded by Helgeson to implement the "Request for Council Action" form for council agenda items. Motion carried 5-0-0.

Receive Fulltime City Administrator Solicitation and Recruitment Proposal

Interim Administrator Boyles stated two quotes were obtained for the solicitation and recruitment of a new city administrator. He would like the council to hear their proposal presentations. A special council meeting will be held after checking with the two firms on a possible date.

Date Change of August Council Meeting

Interim Administrator Boyles stated the August council meeting is scheduled for August 13, which is the date of the Primary Election. He will work on setting up an alternative meeting date in August.

Approve Request for Liquor at Depot Park – Colin Lambert, July 13, 2024
Motion

Motion by Helgeson, seconded by Henke to approve the liquor request for Colin Lambert in Depot Park on July 13, 2024. Motion carried 5-0-0.

Facility Use Form – KW Wrestling Booster Club

Interim Administrator Boyles stated that the KW Wrestling Booster Club filled out a facility request to meet at the Fire Hall once a month during the school year. Several council members expressed concerns over opening up city buildings for public use. Attorney Riggs stated that the city would need to get additional liability insurance if the public was allowed to use city buildings. Also, if one group was allowed to use the buildings, it would need to be opened up to all groups. The request was denied.

Holiday Office Closing - City Office/Library Close July 5

Interim Administrator Boyles requested approval for City Offices and the Library to be closed on Friday, July 5, 2024.

Motion

Motion by Bailey seconded by Ryan to close the City Office and Library on Friday, July 5, 2024.

Motion carried 5-0-0
Schedule of Upcoming Meetings

KMU Meeting: Tuesday, June 18th @ 4:00 p.m. City Council Meeting: Tuesday, July 9th @ 7 pm

Council And Staff General Comments

Council Member Helgeson thanked all the city staff. She appreciates everything they all do.

Council Member Sjolander thanked city staff for all they do, especially public works, police, and pool staff.

Council Members Bailey and Ryan and Mayor Henke agreed to thanking the city staff for all they do.

Motion

Motion by Ryan seconded by Helgeson to adjourn the meeting at 8:38 pm. Motion carried 5-0-0. 10 Holli Gudknecht, Administrative Assistant Douglas Henke, Mayor

Pursuant to due call and notice thereof, a City