Regular meeting

Kenyon City Council, May 13, 2025

The Kenyon City Council met May 13, 2025 with all five members present and spent much of the evening on the 2025 Street & Utility Improvements project. During citizen comments, Aaron Dean, attorney for Ims-Icon LLC, challenged the bid selection process, quoted state statutes on why his client should be awarded the contract, and threatened litigation.

12motions
12 unanimousno split votes
5present
3resolutions
—largest figure
Yesrecording posted

Watch the meeting

Meeting video, from the city's YouTube channel · open on YouTube
street and utility improvements special assessments bidding and contracts easements kmu governance chicken ordinance liquor store public safety hiring

What happened

  1. Attorney Aaron Dean, representing Ims-Icon LLC, questioned the bid process and threatened to sue the City if his client was not awarded the contract.
  2. Council rejected all bids for the 2025 Street & Utility Improvements 5-0 and ordered rebidding; Resolution 2025-14 was tabled.
  3. Assessment hearing opened at 7:09 p.m. and continued to June 10, 2025 at 7:00 p.m.
  4. Two residents contacted the engineer in advance: 10 Slee Street (assessment too high) and 608 8th Street (opposed to 8th Street sidewalk).
  5. Resolution 2025-15 adopting assessments and the Bolton & Menk construction engineering agreement were both tabled.
  6. Resolution 2025-16 accepting Langford Avenue easements adopted 5-0; two of four easements signed, one verbal, one owner not yet contacted.
  7. Council approved five City–KMU agreements plus an organizational chart, signed by the KMU Commission April 23, 2025.
  8. Resolution 2025-13 authorized merging KMU bank accounts and named Whitney an authorized user on the city account.
  9. Randy Eggert, James Malloy, and Jerry Houglum added as signers at Security State Bank of Kenyon.
  10. Chicken ordinance change failed 2-3 (Bailey and Kirchmann aye; Brunner, Sjolander, Helgeson nay); fourth such request since 2015.
  11. Consent agenda approved checks 77072-77140 and 5501E-5610E, a tobacco license, refuse containers, a July 19 block party street closure, the May 26 Memorial Day parade, and pool staff hires.

What was asked 20 raised · 11 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.

11 what happened next3 partly answered1 not a data question5 we hold no data
RequestAaron Dean, Attorney for Ims-Icon LLCfrom the minutes
He quoted state statutes as to why his client should be awarded the state contract. He also threatened to sue the City of Kenyon if his client was not awarded the contract.

Citizen comment challenging the bid selection process for the 2025 Street & Utility Improvements project.

At the meetingCouncil later voted 5-0 to reject all bids and restart the bidding process on Attorney Riggs' recommendation.

What happened next

Ims-Icon did not get the contract and no suit appears in our records. The council rejected all bids 5-0-0 on Attorney Riggs' recommendation, and after rebidding the work went to Fitzgerald Excavating at 2,294,629.25 dollars in July 2025. ICON's original bid of 2,313,649.71 dollars was marked nonresponsive and was 19,020.46 dollars above the price the city ultimately paid.

KENYON_BIDS.md / 7.8.25 Updated Council Packet and Agenda · taken up again 2025-07-08

Action itemCity Attorney Scott Riggsfrom the minutes
ENGINEERING Bid Acceptance - 2025 Street and Utility Improvements Attorney Riggs recommended rejecting all the bids and starting over on the bidding process.

Recommendation following the bid protest from Ims-Icon LLC's attorney.

At the meetingMotion by Bailey seconded by Helgeson to reject all bids and start over carried 5-0-0.

What happened next

The rejection carried 5-0-0 and the rebid worked. Olinger revised the plans and specifications to reduce the effect of the problematic price structures received the first time, and the council adopted Resolution 2025-18 ordering the new advertisement with the 8th Street sidewalk alternative removed. The second round opened July 2 2025 and produced a low bid of 2,294,629.25 dollars from Fitzgerald, 469,540.80 dollars below the 2,764,170.05 dollar engineer estimate.

7.8.25 Updated Council Packet and Agenda / KENYON_BIDS.md · taken up again 2025-07-08

Pendingfrom the minutes
Resolution 2025-14: Rejecting Bid and Accepting Bid 2025 Street and Utility Improvements Tabled Assessment Adoption – 2025 Street & Utility Improvements Resolution 2025-15: Adopting Assessment 2025 Street & Utility Improvements Motion by Bunner seconded by Kirchmann to table the assessment adoption.

Bid acceptance item for the street and utility project.

What happened next

Resolution 2025-14 was superseded rather than untabled. The award came back as Resolution 2025-19 accepting the bid for the 2025 Street and Utility Improvements on the July 8 2025 agenda, supported by a bid recommendation letter. Fitzgerald Excavating received the contract at 2,294,629.25 dollars.

7.8.25 Updated Council Packet and Agenda · taken up again 2025-07-08

PendingCouncil Member Brunner (motion), Mayor Kirchmann (second)from the minutes
Resolution 2025-14: Rejecting Bid and Accepting Bid 2025 Street and Utility Improvements Tabled Assessment Adoption – 2025 Street & Utility Improvements Resolution 2025-15: Adopting Assessment 2025 Street & Utility Improvements Motion by Bunner seconded by Kirchmann to table the assessment adoption. Motion carried 5-0-0.

Assessment adoption for the street and utility project could not proceed with bids rejected.

At the meetingTabled 5-0-0.

What happened next

The assessment returned once a real price existed. The July 8 2025 packet carries Resolution 2025-15R adopting the assessment with a final assessment roll revised to the updated bid. The engineer also warned that some or all of the four Langford Avenue easement owners might take an in-kind deduction against their assessment instead of a cash payment, which would change the roll again.

7.8.25 Updated Council Packet and Agenda · taken up again 2025-07-08

PendingCouncil Member Bailey (motion), Council Member Brunner (second)from the minutes
The resident at 10 Slee Street thought his assessment was too high and the resident at 608 8th Street was opposed to the 8th Street sidewalk. Motion by Bailey seconded by Brunner to continue the public hearing until June 10, 2025 at 7:00 pm.

Statutorily required hearing on assessments financing the project.

At the meetingMotion carried 5-0-0.

What happened next

The hearing was continued twice and drew no public comment. At the June 10 2025 continuation Attorney Riggs confirmed it carried on from May 13, no comments were received, and no action was taken because the project would be rebid in July, so the council continued it again to July 8 2025 at 7:00 pm on a 5-0-0 vote. No residents attended the original hearing either, though two contacted the engineer beforehand.

7.8.25 Updated Council Packet and Agenda · taken up again 2025-07-08

PendingCouncil Member Helgeson (motion), Council Member Bailey (second)from the minutes
Construction Engineering Agreement – 2025 Street & Utility Improvements Motion by Helgeson seconded by Bailey to table the approval of Bolton & Menk's construction engineering agreement.

Construction engineering contract deferred after bids were rejected.

At the meetingTabled 5-0-0.

What happened next

The construction engineering agreement was approved on August 12 2025 by roll call, 4-0-0, on a motion by Brunner seconded by Sjolander. Olinger presented scope and fees for construction engineering and surveying running through the end of the project in 2026 and said the cost was already inside the overall project budget. The fee amount itself is not stated in our records.

8.12.25 Council Packet Agenda Updated · taken up again 2025-08-12

Action itemLiquor Store Manager Matt Bartelfrom the minutes
LEGAL FINANCIAL OLD BUSINESS Liquor Store Update Matt Bartel, Liquor Store Manager, gave a general update on the liquor store and discussed the next steps in the NAPA building expansion. He is working on getting quotes for the improvements.

Liquor store update on next steps for the NAPA building expansion.

What happened next

The quotes arrived by October 2025. L and M Construction estimated 96,581.72 dollars to remodel the former NAPA building and Stan Morgan and Associates quoted 111,524.87 dollars for equipment, a combined 208,106.59 dollars against 215,000 dollars already in the budget, leaving 6,893.41 dollars of margin. The council approved the preliminary estimates 4-0-0 on October 14 2025.

10.14.25 Council Packet Agenda · taken up again 2025-10-14

To look upLiquor Store Manager Matt Bartelfrom the minutes
LEGAL FINANCIAL OLD BUSINESS Liquor Store Update Matt Bartel, Liquor Store Manager, gave a general update on the liquor store and discussed the next steps in the NAPA building expansion. He is working on getting quotes for the improvements.

Next steps on the liquor store's NAPA building expansion.

What happened next

The figures came in over five months. L and M's remodel quote was discussed alone on July 8 2025 with two more expected, and by October 14 2025 the council had L and M at 96,581.72 dollars and Stan Morgan and Associates at 111,524.87 dollars and approved both as preliminary estimates 4-0-0. Equipment turned out to be the larger half of the project at 53.6 percent of the total.

10.14.25 Council Packet Agenda · taken up again 2025-10-14

RequestA resident, reported by City Administrator Scott Lehnerfrom the minutes
NEW BUSINESS Consider Revising Chicken Ordinance Administrator Lehner stated that a resident requested that the council consider revising the chicken ordinance to allow chickens in residential areas.

New business item on revising the chicken ordinance.

At the meetingRoll call vote failed 2-3 (Bailey and Kirchmann aye; Brunner, Sjolander, Helgeson nay); the ordinance will remain as it is.

What happened next

The request failed. On the roll call Bailey and Kirchmann voted aye and Brunner, Sjolander and Helgeson voted nay, so the ordinance stands and chickens remain barred from residential areas. Attorney Riggs reviewed the ordinance history before the vote.

6-10-25 COUNCIL PACKET Updated · taken up again 2025-06-10

RequestResident at 608 8th Street, reported by Engineer Olingerfrom the minutes
The resident at 10 Slee Street thought his assessment was too high and the resident at 608 8th Street was opposed to the 8th Street sidewalk.

Pre-hearing contacts on the project scope, which includes an 8th Street sidewalk alternate.

At the meetingNo response recorded; assessments and bids were tabled.

What happened next

The objector prevailed. The June 2025 project scope listed 8th Street from Forest Street to Red Wing Avenue as full reconstruction and sidewalk as an alternate, but the alternates put out for the July rebid were 5th Street reconstruction, Forest Street mill and overlay and the Red Wing Avenue sidewalk from 7th to 8th, with the 8th Street sidewalk gone. Council adopted Resolution 2025-18 specifically with removal of the 8th Street sidewalk alternative.

7.8.25 Updated Council Packet and Agenda · taken up again 2025-07-08

Unsourced claimCity Administrator Scott Lehnerfrom the minutes
Process to Correct the Relationship Between the City and KMU Administrator Lehner stated that the KMU Commission accepted and signed the five contracts between the City and KMU on April 23, 2025.

Old business item on correcting the City-KMU relationship before council final approval.

At the meetingCouncil approved items a-f 5-0-0.

What happened next

The council gave final approval to all six items 5-0-0 on a motion by Helgeson seconded by Kirchmann: the administrative staff supervision agreement, building and property control, personnel utilization, billing, the municipal project agreement and the organizational chart. The KMU Commission minutes of April 23 2025 are not in our holdings, so the signing date rests on the administrator's statement. The unwinding continued into 2026, when the separate KMU checking account was closed in July.

6-10-25 COUNCIL PACKET Updated · taken up again 2025-06-10

Action itemEngineer Derek Olingerfrom the minutes
Unsigned Easements Engineer Olinger stated that two agreements have been signed. There is a verbal agreement with one of the property owners. The fourth property owner still needs to be contacted.

Four permanent right-of-way easements are needed from property owners adjacent to Langford Avenue.

At the meetingCouncil adopted Resolution 2025-16 accepting easements 5-0-0.

Partly answered

The council accepted the easements by Resolution 2025-16 on a 5-0-0 vote with only two of four signed and one verbal. By July 8 2025 the city still described the compensation as owed to all four owners and expected that some or all would request an in-kind deduction to their assessment instead of a direct payment. No signed easements from the third and fourth owners reach our records.

7.8.25 Updated Council Packet and Agenda

To look upCity Administrator Scott Lehnerfrom the minutes
A background check is being done now. This officer should be on board by mid to late June. 9 Business Park Update Administrator Lehner stated that Attorney Riggs finalized the developer's agreement today for one of the lots in the Business Park.

Administrator update on filling a police officer position.

Partly answered

No start date for that 2025 officer reaches our records, and the department was short again a year later. By July 14 2026 a prospective full-time officer was still in background check, and on September 8 2026 the full-time position was posted until filled with no applicants while part-time officers covered. The city's current posting pays 33.54 dollars an hour at entry, 38.57 dollars at three to five years and 42.61 dollars at five to ten years.

data/jobs.csv / 9-8-26 Council Packet

RequestResident at 10 Slee Street, reported by Engineer Olingerfrom the minutes
The resident at 10 Slee Street thought his assessment was too high and the resident at 608 8th Street was opposed to the 8th Street sidewalk.

Pre-hearing contacts received on the 2025 Street & Utility Improvements assessments.

At the meetingNo response recorded; the hearing was continued and assessment adoption tabled.

Partly answered

No response to the 10 Slee Street objection is recorded and the assessment was never adopted on the original numbers. The roll was rebuilt for the new bid and appears in the July 8 2025 packet as the final assessment roll version 8, updated bid, attached to Resolution 2025-15R. We do not hold the per-parcel amounts, so whether the objection changed anything cannot be determined.

7.8.25 Updated Council Packet and Agenda

QuestionAaron Dean, Attorney for Ims-Icon LLCfrom the minutes
CITIZEN COMMENT Aaron Dean, Attorney for Ims-Icon LLC, questioned the bid selection process for the 2025 Street & Utility Improvements.

Citizen comment period challenge to how bids were evaluated.

At the meetingNo direct answer recorded; Attorney Riggs recommended rejecting all bids and starting the bidding process over.

Not a data question

Whether the bid process was lawful is a legal determination for the city attorney and, if pressed, a court, not a fact in our records. What our bid file shows is that six bids were opened, ICON's low bid of 2,313,649.71 dollars was marked nonresponsive, and BCM was the low responsive bidder at 2,306,652.41 dollars, a spread of 6,997.30 dollars. Attorney Riggs advised rejecting all bids rather than resolving the responsiveness question.

KENYON_BIDS.md

To look upEngineer Derek Olingerfrom the minutes
Easement Approval – 2025 Street & Utility Improvements Engineer Olinger reviewed the requested permanent right-of-way easements from four property owners adjacent to Langford Avenue. These landowners would need to be compensated for the land rights obtained through these easements.

Easement approval for the 2025 Street & Utility Improvements.

We hold no data

No dollar figure for the Langford Avenue easements appears anywhere in our records. The only later detail is that the city expected some or all of the four owners to take an in-kind deduction against their special assessment rather than cash, which would bury the value inside the assessment roll. Appraisals or the executed easement agreements would settle the amounts.

7.8.25 Updated Council Packet and Agenda · would settle it: Appraisal or negotiated easement payment amounts for each parcel

PendingCity Administrator Scott Lehnerfrom the minutes
This officer should be on board by mid to late June. 9 Business Park Update Administrator Lehner stated that Attorney Riggs finalized the developer's agreement today for one of the lots in the Business Park. The EDA will need to hold a public hearing on the lot sale.

Attorney Riggs finalized the developer's agreement for a Business Park lot the day of the meeting.

We hold no data

We hold no EDA public hearing notice and no executed Business Park developer's agreement. The later passages cited here concern the Kenyon Crossings developer's agreement with Kenyon Real Estate 2, a different project. The EDA minutes and the recorded lot sale would settle it.

no holding · would settle it: A noticed EDA public hearing date and the executed developer's agreement

Action itemCity Administrator Scott Lehnerfrom the minutes
Community Access Channel Administrator Lehner stated that Whitney and he have been working with Comcast to get the cable access channel up and running.

Administrator update on the community access channel.

We hold no data

No Comcast activation date, agreement or cable access channel cost appears in any later packet we hold. The city's technology file records spending on phone, internet and cable of 33,318 dollars in 2025 and 34,250 dollars budgeted for 2026 but breaks out no cable access channel line. A Comcast franchise or channel agreement would settle it.

KENYON_IT_SPEND.md · would settle it: A Comcast activation date or agreement for the channel

Unsourced claimCity Administrator Scott Lehnerfrom the minutes
This is the fourth time the request to allow chickens in the city has come before the city council since 2015.

Background given during the chicken ordinance discussion.

We hold no data

We hold no index of council business before 2021 and cannot date the earlier chicken requests or confirm there were three of them. The claim rests entirely on the administrator's own statement in the minutes. Council minutes from 2015 forward would settle it.

no holding · would settle it: Council minutes since 2015 showing each prior chicken request

Unsourced claimCouncil Member Kim Helgesonfrom the minutes
COUNCIL AND STAFF GENERAL COMMENTS Mayor Kirchmann thanked everyone for all they are doing. Council Member Helgeson reminded everyone that the first Farmer's Market is Thursday, June 7.

General council comments reminder to the public.

We hold no data

We hold no Farmer's Market schedule for Kenyon and nothing in any later packet confirms the opening date. The passages cited for this item are investment schedules and meeting calendars unrelated to the market. A published market schedule or a vendor permit would settle it.

no holding · would settle it: The published Farmer's Market schedule confirming the date and day of week

Decisions 12 motions

Who did what

PersonAt this meeting
Donald Kirchmann
Mayor
Called the meeting to order, seconded motions on tabling the assessment adoption, the KMU agreements and Resolution 2025-13, and thanked everyone for their work.
Kim Helgeson
Council Member
Moved to open the public hearing, to reject all bids, to table the engineering agreement, to approve the KMU agreements, to add bank signatories; voted nay on chickens; announced the Farmer's Market.
Mary Bailey
Council Member
Moved to reject all bids, to continue the public hearing, and to adjourn; voted aye on considering a chicken ordinance change.
Lee Sjolander
Council Member
Seconded the motion to open the public hearing; voted nay on the chicken ordinance change.
Elana Brunner
Council Member
Moved to approve the agenda and to table the assessment adoption; voted nay on the chicken ordinance change.
Scott Lehner
City Administrator
Reported on police officer hiring, the Business Park developer's agreement, the Comcast community access channel, the KMU contracts, and the resident's chicken ordinance request.
Derek Olinger
City Engineer (Bolton & Menk)
Presented the assessment hearing summary and reviewed the four requested Langford Avenue right-of-way easements.
Scott Riggs
City Attorney
Recommended rejecting all bids and restarting bidding; reviewed the history of the chicken ordinance; finalized a Business Park developer's agreement.
Aaron Dean
Attorney for Ims-Icon LLC
Questioned the bid selection process, cited state statutes, and threatened to sue the City.
Doug Ims
Icon LLC
Attended the meeting as the low bidder's principal.
Matt Bartel
Liquor Store Manager
Gave a liquor store update, discussed next steps on the NAPA building expansion and quotes for improvements, and reported on the MMBA conference.
Holli Gudknecht
Administrative Assistant / Deputy City Clerk
Recorded and signed the minutes.
Jeff Sjoblom
Police Chief
Attended the meeting.
Brian Homeier
Officer
Attended the meeting.
Randy Eggert
Operations Superintendent
Added as a signer on the City of Kenyon checking account at Security State Bank.
James Malloy
Named signer
Added as a signer on the City of Kenyon checking account at Security State Bank.
Jerry Houglum
Named signer
Added as a signer on the City of Kenyon checking account at Security State Bank.

Organizations named: Ims-Icon LLC (ICON LLC), Bolton & Menk, Inc., Kenyon Municipal Utility (KMU), Security State Bank of Kenyon, Kenyon Tobacco & Vape, LLC, Junk Truck MN, LLC, Comcast, MMBA (Minnesota Municipal Beverage Association), Kenyon EDA, Wencl Construction Inc., BCM Construction Inc., Heselton Construction LLC, Snow Contracting LLC, A-1 Excavating LLC

Figures

AmountWhat
$3,104,052.39Total project cost for the 2025 Street & Utility Improvements including all alternates, per the assessment hearing presentation
$1,800,032.48ICON LLC base bid, the low base bid received April 2, 2025
$2,313,649.71ICON LLC bid for base plus alternates 1, 2, 3 and 4
$1,841,247.00Wencl Construction Inc. base bid
$1,841,550.67BCM Construction Inc. base bid
$2,316,763.50Engineer's Estimate for the base bid
$117.21Proposed street and site assessment rate per foot, 8th Street
$98.15Proposed street and site assessment rate per foot, Langford Avenue
$3,405.27Proposed water service assessment per connection
$2,765.27Proposed sanitary service assessment per connection

Said at the meeting

He also threatened to sue the City of Kenyon if his client was not awarded the contract.

Minutes, on citizen comment by Aaron Dean · packet, verbatim

Attorney Riggs recommended rejecting all the bids and starting over on the bidding process.

City Attorney Scott Riggs · minutes, verbatim

Administrator Lehner stated that Attorney Riggs finalized the developer's agreement today for one of the lots in the Business Park.

City Administrator Scott Lehner · packet, verbatim

Mayor Kirchmann thanked everyone for all they are doing.

Mayor Donald Kirchmann · minutes, verbatim

Council Member Helgeson reminded everyone that the first Farmer's Market is Thursday, June 7.

Council Member Kim Helgeson · minutes, verbatim

Resolutions and ordinances

  • Rejecting Bid and Accepting Bid 2025 Street and Utility Improvements Tabled Assessment Adoption – 2025 Street & Utility Improvements ResolutiRes. 2025-14
  • Accepting Easements Motion by Helgeson seconded by Brunner to adopt Resolution 2025-16Res. 2025-16
  • Authorizing the Merging of Kenyon Municipal Utility Bank Accounts and Appointing Authorized Users to City Bank Accounts Motion by Kirchmann sRes. 2025-13

Agenda

Each item links to where it appears in the packet.

  1. I. CALL TO ORDER AND ROLL CALL
  2. II. CITIZEN COMMENTS
  3. III. ADOPT AGENDA
  4. III.A Adopt the Agenda for May 13, 2025
  5. IV. CONSENT AGENDA
  6. IV.A Approve Consent Agenda including:
  7. V. APPROVAL OF MINUTES and APPOINTMENTS
  8. V.A Approve Minutes of the:
  9. VI. PRESENTATIONS/PUBLIC HEARINGS RECOGNITIONS/PROCLAMATIONS
  10. VI.A Assessment Hearing - 2025 Street & Utility Improvements
  11. VII. ENGINEERING
  12. VII.A Bid Acceptance - 2025 Street & Utility Improvements
  13. VII.B Assessment Adoption - 2025 Street & Utility Improvements
  14. VII.C Construction Engineering Agreement - 2025 Street & Utility Improvements
  15. VII.D Easement Approval - 2025 Street & Utility Improvements
  16. VIII. LEGAL
  17. IX. FINANCIAL
  18. IX.A Financial Reports and Checks from April
  19. X. OLD BUSINESS
  20. X.A Liquor Store Update
  21. X.B Process to Correct the Relationship Between the City and KMU
  22. XI. NEW BUSINESS
  23. XI.A Consider Revising Chicken Ordinance
  24. XII. F.Y.I. - Department Updates
  25. XII.A FYI for May 13, 2025
  26. XIII. COUNCIL AND STAFF GENERAL COMMENTS
  27. XIV. ADJOURNMENT
  28. A. Annual Tobacco License – Kenyon Tobacco & Vape, LLC, 211 Red Wing Ave.
  29. B. Annual Refuse Temporary Dumpster/Roll-off Containers – Junk Truck MN, LLC
  30. C. Street Closure – Whitetail Block Party – July 19
  31. D. Approve Memorial Day Parade for May 26, 2025
  32. E. Approve Hire of Municipal Swimming Pool Employees
  33. A. City Council Meeting Minutes of April 7, 2025
  34. B. City Council Work Session Meeting Minutes of April 29, 2025
  35. A. Assessment Hearing - 2025 Street & Utility Improvements
  36. VII. ADMINISTRATOR UPDATE
  37. A. Hiring of Police Officer
  38. B. Business Park Update
  39. C. Community Access Channel
  40. A. Bid Acceptance - 2025 Street and Utility Improvements
  41. B. Assessment Adoption – 2025 Street & Utility Improvements
  42. C. Construction Engineering Agreement – 2025 Street & Utility Improvements
  43. D. Easement Approval – 2025 Street & Utility Improvements
  44. A. Liquor Store Update
  45. B. Process to Correct the Relationship Between the City and KMU
  46. A. Consider Revising Chicken Ordinance
  47. XIII. OTHER BUSINESS
  48. A. Schedule of Upcoming Meetings

Full packet text (514k characters)

The minutes

Official minutes as adopted, from 6-10-25 COUNCIL PACKET Updated; text extracted from the PDF.

Council Meeting was duly held in the City Council chambers at 7:00 p.m. on the 13th day of May 2025. The meeting was called to order by Mayor Donald Kirchmann.

Present
Mayor Donald Kirchmann, Council Members Kim Helgeson, Mary Bailey, Lee Sjolander, and Elana Brunner
Absent
Also present
City Administrator Scott Lehner, Administrative Assistant Holli Gudknecht, Engineer Derek Olinger, City Attorney Scott Riggs, Officer Brian Homeier, Doug Ims-Icon LLC, Aaron Dean, John Lee, Josh Johnson, Bailey Ament, Dana Callstrom, Lynn Miller, Liquor Store Manager Matt Bartel, Police Chief Jeff Sjoblom, Allan and Connie Turner

The meeting opened with the Pledge of Allegiance.

Citizen Comment

Aaron Dean, Attorney for Ims-Icon LLC, questioned the bid selection process for the 2025 Street & Utility Improvements. He quoted state statutes as to why his client should be awarded the state contract. He also threatened to sue the City of Kenyon if his client was not awarded the contract.

Adopt Agenda

Motion

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

Consent Agenda

Motion

Motion by Bailey second by Helgeson to approve the Consent Agenda, which includes:

Motion carried 5-0-0

Presentations / Public Hearings / Recognitions / Prolamations

Assessment Hearing - 2025 Street & Utility Improvements
Motion

Motion by Helgeson seconded by Sjolander to open the public hearing at 7:09 pm. Motion carried

Motion

Motion by Bailey seconded by Brunner to continue the public hearing until June 10, 2025 at 7:00 pm.

Motion carried 5-0-0

Administrator Update

Hiring of Police Officer: Administrator Lehner stated that we are moving forward with the hiring process of one of the police officer applicants. A background check is being done now. This officer should be on board by mid to late June.

Business Park Update Administrator Lehner stated that Attorney Riggs finalized the developer's agreement today for one of the lots in the Business Park. The EDA will need to hold a public hearing on the lot sale.

Community Access Channel

Administrator Lehner stated that Whitney and he have been working with Comcast to get the cable access channel up and running.

Engineering

Bid Acceptance - 2025 Street and Utility Improvements

Attorney Riggs recommended rejecting all the bids and starting over on the bidding process.

Motion

Motion by Bailey seconded by Helgeson to reject all the bids for the 2025 Street and Utility Improvements project and start over. Motion carried 5-0-0. Resolution 2025-14: Rejecting Bid and Accepting Bid 2025 Street and Utility Improvements Tabled

Assessment Adoption – 2025 Street & Utility Improvements

Resolution 2025-15: Adopting Assessment 2025 Street & Utility Improvements

Motion

Motion by Bunner seconded by Kirchmann to table the assessment adoption. Motion carried 5-0-0.

Construction Engineering Agreement – 2025 Street & Utility Improvements
Motion

Motion by Helgeson seconded by Bailey to table the approval of Bolton & Menk's construction engineering agreement. Motion carried 5-0-0.

Easement Approval – 2025 Street & Utility Improvements

Engineer Olinger reviewed the requested permanent right-of-way easements from four property owners adjacent to Langford Avenue. These landowners would need to be compensated for the land rights obtained through these easements. Unsigned Easements Engineer Olinger stated that two agreements have been signed. There is a verbal agreement with one of the property owners. The fourth property owner still needs to be contacted. Resolution 2025-16: Accepting Easements

Motion

Motion by Helgeson seconded by Brunner to adopt Resolution 2025-16. Motion carried 5-0-0.

Legal

Financial

Old Business

Liquor Store Update

Matt Bartel, Liquor Store Manager, gave a general update on the liquor store and discussed the next steps in the NAPA building expansion. He is working on getting quotes for the improvements. He attended the MMBA conference which provided a lot of good information.

Process to Correct the Relationship Between the City and KMU

Administrator Lehner stated that the KMU Commission accepted and signed the five contracts between the City and KMU on April 23, 2025. The council needs to give their final approval of the five agreed upon contracts between KMU and the City and the organizational chart. Agreements Between KMU and City of Kenyon a. Administrative Staff Supervision Agreement to Include KMU 10 b. Building/Property Control Agreement c. Personnel Utilization Agreement d. Billing Agreement e. Municipal Project Agreement f. Organizational Chart

Motion

Motion by Helgeson seconded by Kirchmann to approve items a-f. between the City and KMU. Motion carried 5-0-0.

Resolution 2025-13: Authorizing the Merging of Kenyon Municipal Utility Bank Accounts and

Appointing Authorized Users to City Bank Accounts

Motion

Motion by Kirchmann seconded by Brunner to adopt Resolution 2025-13 authorizing the merging of the KMU bank account and appointing Whitney as an authorized user to the city bank account. Motion carried 5-0-0.

Add Signatories at Security State Bank of Kenyon
Motion

Motion by Helgeson seconded by Bailey to add Randy Eggert, James Malloy, and Jerry Houglum as signers on the City of Kenyon checking account at Security State Bank of Kenyon.

Motion Carried 5-0-0

New Business

Consider Revising Chicken Ordinance

Administrator Lehner stated that a resident requested that the council consider revising the chicken ordinance to allow chickens in residential areas. This is the fourth time the request to allow chickens in the city has come before the city council since 2015. Attorney Riggs reviewed the history of the current ordinance. The council discussed the pros and cons of allowing chickens in residential areas. The council took a vote to determine if allowing chickens in residential areas was something they would like the city to look at changing.

Roll call vote: Bailey – Aye, Kirchmann – Aye, Brunner – Nay, Sjolander – Nay, Helgeson – Nay

Ordinance will remain as it is.

Schedule for Upcoming Meetings

KMU Meeting: Tuesday, May 20th @ 4:00 p.m. EDA Meeting: Tuesday, May 27th @ 8 a.m. City Council Meeting: Tuesday, June 10th @ 7 p.m.

Council And Staff General Comments

Mayor Kirchmann thanked everyone for all they are doing.

Council Member Helgeson reminded everyone that the first Farmer's Market is Thursday, June 7.

Motion

Motion by Bailey seconded by Brunner to adjourn the meeting at 8:20 p.m. Motion carried 5-0-0.

Holli Gudknecht, Deputy City Clerk Donald Kirchmann, Mayor