Kenyon City Council, December 2, 2025

No Quorum

The special meeting began at 6:00 pm.

2026 Fire Contract Meeting with Townships The purpose of the meeting was to review the proposed 2026 contracts for fire protection with the six townships in the Kenyon Fire Department service area. The contracts were based on a breakdown of 51% city and 49% township of the operating budget. Each township's portion of the budget was split based on the number of sections covered by the Fire Department.

Fire Chief Ehrich summarized what made up the 2026 budget and answered questions from the Township board members. The 2026 budget increased from 2025 by $1,658.17. The increase was mainly due to replacing pagers/radios and increased property insurance. The fire department took possession of the new 520 Tender truck last week. In 2025, Fire Relief donated $27,000 to the truck fund from gambling proceeds. The 1988 C70 Chevrolet Tanker will be sold on auction next week.

Public Budget and Levy discussion

The Truth in Taxation meeting was designed for citizens who had questions about the proposed budget and levy for 2026. The maximum levy approved by the Council in September was 9.93%. In November, Jessi Sturtz from Abdo reported that the final levy budget was down to 9.18%. No citizen comments.

The meeting was closed at 6:36 pm.

Holli Gudknecht, Administrative Assistant Mary Bailey, Acting Mayor

AGENDA ITEM NO. VII.A

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: December 9, 2025

SUBMITTED BY: Holli Gudknecht, Engineering

ITEM TYPE: Engineering

Agenda Section: Engineering

SUBJECT: 2025 Street & Utility Improvements

Suggested Action:

Work for this year is now complete. Fitzgerald has not yet provided a planned start date for the remainder of work on the project. This information will be shared once available.

Pay Estimate #4 and Change Order #1 are not yet available, since we are still working with the contractor to finalize those documents. These will be uploaded to the packet prior to the meeting. A brief summary of each is provided below:

Change Order #1 will contain contract revisions that align with the contractors executed work plan through the end of the year. Our primary goal with the project schedule was for the contractor to complete a substantial (yet undefined) amount of work during 2025, while making sure that all areas opened up were paved and finished by the end of the 2025 construction season. In our opinion, Fitzgerald achieved this goal. The change order will adjust 2025 completion dates so liquidated damages would no longer apply to the 2025 work. As discussed previously, we changed some construction methods for the installation of watermain within 2nd Street, given some unforeseen shallow bedrock. This change order will redefine the payment for this change in work. No cost increase is expected.

Pay Estimate #4

This pay estimate covers work through the end of the construction season. Since last month, work has included paving and turf

24 restoration. The pay estimate will also include an estimated amount due for 2nd Street watermain changes (Future Change Order #1).

Requested Action: Motion Approving Pay Application #4. No

Action requested for Change Order #1.

Attachments:

2025 Project_Pay Application No. 4.pdf

Contractor's Application for Payment Owner: CITY OF KENYON Owner's Project No.: N/A Engineer: BOLTON & MENK Engineer's Project No.: 24X.134934.000 Contractor: FITZGERALD EXCAVATING & TRUCKING INC Agency's Project No.: N/A Project: 2025 STREET & UTILITY IMPROVEMENTS Contract: N/A Application No.: 4 Application Date: 12/9/2025 Application Period: From 11/1/2025 to 11/28/2025

1. Original Contract Price $ 2,294,629.25 2. Net change by Change Orders $ - 3. Current Contract Price (Line 1 + Line 2) $ 2,294,629.25 4. Total Work completed and materials stored to date (Sum of Column G Lump Sum Total and Column J Unit Price Total) $ 1,098,616.97 5. Retainage a. 5% X $ 1,098,616.97 Work Completed $ 54,930.85 b. X $ - Stored Materials $ - c. Total Retainage (Line 5.a + Line 5.b) $ 54,930.85 6. Amount eligible to date (Line 4 - Line 5.c) $ 1,043,686.12 7. Less previous payments $ 822,884.75 8. Amount due this application $ 220,801.37 Contractor's Certification The undersigned Contractor certifies, to the best of its knowledge, the following: (1) All previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with the Work covered by prior Applications for Payment; (2) Title to all Work, materials and equipment incorporated in said Work, or otherwise listed in or covered by this Application for Payment, will pass to Owner at time of payment free and clear of all liens, security interests, and encumbrances (except such as are covered by a bond acceptable to Owner indemnifying Owner against any such liens, security interest, or encumbrances); and (3) All the Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective.

Contractor: Fitzgerald Excavating and Trucking, LLC

Signature: Date: Name: Nick Dahle Title: Project Manager

Recommended by Engineer Approved by Owner

By: By: Name: Derek Olinger, P.E. Name: Scott Lehner Title: City Engineer Title: City Administrator Date: Date:

EJCDC C-620 Contractor's Application for Payment

(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved. 26 Progress Estimate - Unit Price Work Contractor's Application for Payment Owner: CITY OF KENYON Owner's Project No.: Engineer: BOLTON & MENK Engineer's Project No.: 24X.134934.000 Contractor: FITZGERALD EXCAVATING & TRUCKING INC Contractor's Project No.: Project: 2025 STREET & UTILITY IMPROVEMENTS Agency's Project No.: Contract:

Application No.: 4 Application Period: From 11/01/25 to 11/28/25 Application Date: 12/09/25

A B C D E F F1 F2 G H I J K L Contract Information Previous Estimate Work Completed Work Completed % of Estimated Value of Work and Materials Value of Value of Bid Item Quantity Completed to Date Materials Currently Stored Stored to Date Item Balance to Finish (F Bid Item Unit Price (C X E) Quantity Previous Value Previous Incorporated in (E X G) (not in G) (H + I) (J / F) - J) No. Description Item Quantity Units ($) ($) Estimate Estimate the Work ($) ($) ($) (%) ($) Original Contract 1 MOBILIZATION 1.00 LS 37,500.00 37,500.00 0.32 12,000.00 0.50 18,750.00 18,750.00 50% 18,750.00 2 CLEARING 6.00 EACH 1,000.00 6,000.00 5.00 5,000.00 5.00 5,000.00 5,000.00 83% 1,000.00 3 GRUBBING 6.00 EACH 500.00 3,000.00 6.00 3,000.00 6.00 3,000.00 3,000.00 100% - 4 SALVAGE SIGN 5.00 EACH 50.00 250.00 2.00 100.00 2.00 100.00 100.00 40% 150.00 5 SAWING CONCRETE PAVEMENT (FULL DEPTH) 95.00 LF 7.00 665.00 88.00 616.00 88.00 616.00 616.00 93% 49.00 6 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) 402.00 LF 5.00 2,010.00 198.00 990.00 198.00 990.00 990.00 49% 1,020.00 7 REMOVE CURB AND GUTTER 1,305.00 LF 5.00 6,525.00 1,164.00 5,820.00 1,164.00 5,820.00 5,820.00 89% 705.00 8 REMOVE CONCRETE DRIVEWAY PAVEMENT 128.00 SY 10.00 1,280.00 84.50 845.00 84.50 845.00 845.00 66% 435.00 9 REMOVE BITUMINOUS DRIVEWAY PAVEMENT 230.00 SY 7.00 1,610.00 - - - - - 1,610.00 10 REMOVE BITUMINOUS PAVEMENT 4,907.00 SY 4.00 19,628.00 2,059.60 8,238.40 2,059.60 8,238.40 8,238.40 42% 11,389.60 11 REMOVE CONCRETE WALK 480.00 SF 2.00 960.00 237.10 474.20 237.10 474.20 474.20 49% 485.80 12 EXCAVATION - COMMON (P) 2,857.00 CY 13.00 37,141.00 1,190.00 15,470.00 1,190.00 15,470.00 15,470.00 42% 21,671.00 13 EXCAVATION - SUBGRADE (P) 1,394.00 CY 13.00 18,122.00 682.00 8,866.00 682.00 8,866.00 8,866.00 49% 9,256.00 14 EXPLORATORY EXCAVATION 8.00 HR 300.00 2,400.00 4.00 1,200.00 4.00 1,200.00 1,200.00 50% 1,200.00 15 SELECT GRANULAR EMBANKMENT (CV) (P) 1,394.00 CY 25.00 34,850.00 682.00 17,050.00 682.00 17,050.00 17,050.00 49% 17,800.00 16 GEOTEXTILE FABRIC TYPE 9 5,574.00 SY 2.50 13,935.00 1,984.40 4,961.00 1,984.40 4,961.00 4,961.00 36% 8,974.00 17 AGGREGATE SURFACING CLASS 2 36.00 CY 30.00 1,080.00 - - - - - 1,080.00 18 AGGREGATE BASE (CV) CLASS 5 (P) 1,167.00 CY 25.00 29,175.00 455.00 11,375.00 455.00 11,375.00 11,375.00 39% 17,800.00 19 SURFACE RESTORATION (2ND ST) 1.00 LS 47,500.00 47,500.00 - - 1.00 47,500.00 47,500.00 100% - 20 PAVEMENT MARKINGS (2ND ST) 1.00 LS 4,860.00 4,860.00 - - - - - 4,860.00 21 SURFACE RESTORATION (SANITARY REPAIR) 3.00 EACH 4,500.00 13,500.00 - - 3.00 13,500.00 13,500.00 100% - 22 GRAVEL RESTORATION (SANITARY REPAIR) 1.00 EACH 1,000.00 1,000.00 1.00 1,000.00 1.00 1,000.00 1,000.00 100% - 23 TYPE SP 9.5 WEARING COURSE MIXTURE (3;C) 1.5" THICK 7,760.00 SY 9.00 69,840.00 - - - - - 69,840.00 24 TYPE SP 12.5 WEARING COURSE MIXTURE (3;C) 2.0" THICK 2,807.00 SY 11.75 32,982.25 - - - - - 32,982.25 25 TYPE SP 12.5 WEARING COURSE MIXTURE (3;C) 2.5" THICK 2,145.00 SY 14.50 31,102.50 - - 2,164.00 31,378.00 31,378.00 101% (275.50) 26 BITUMINOUS PATCH SPECIAL (DRIVEWAY) 70.00 SY 36.00 2,520.00 - - - - - 2,520.00 27 6" PERF PVC PIPE DRAIN 2,281.00 LF 15.25 34,785.25 1,079.30 16,459.33 1,079.30 16,459.33 16,459.33 47% 18,325.92 28 SUMP PUMP SERVICE 13.00 EACH 1,000.00 13,000.00 11.00 11,000.00 10.00 10,000.00 10,000.00 77% 3,000.00 29 DRAIN OUTLET DESIGN SPECIAL (END SECTION) 1.00 EACH 400.00 400.00 1.00 400.00 1.00 400.00 400.00 100% - 30 6" PVC PIPE DRAIN CLEANOUT 7.00 EACH 300.00 2,100.00 6.00 1,800.00 6.00 1,800.00 1,800.00 86% 300.00 31 CONCRETE STEP 170.00 SF 30.00 5,100.00 77.90 2,337.00 77.90 2,337.00 2,337.00 46% 2,763.00 32 4" CONCRETE WALK 355.00 SF 7.50 2,662.50 260.60 1,954.50 260.60 1,954.50 1,954.50 73% 708.00 33 6" CONCRETE WALK 70.00 SF 12.25 857.50 - - - - - 857.50 34 CONCRETE CURB AND GUTTER DESIGN B618 1,060.00 LF 25.80 27,348.00 1,102.00 28,431.60 1,102.00 28,431.60 28,431.60 104% (1,083.60) 35 CONCRETE CURB AND GUTTER DESIGN D DRIVEOVER 1,910.00 LF 23.75 45,362.50 - - - - - 45,362.50 36 6" CONCRETE DRIVEWAY PAVEMENT 175.00 SY 88.25 15,443.75 102.50 9,045.63 102.50 9,045.63 9,045.63 59% 6,398.12 37 7" CONCRETE DRIVEWAY PAVEMENT 420.00 SY 92.50 38,850.00 - - - - - 38,850.00 38 7" CONCRETE VALLEY GUTTER 71.00 SY 95.00 6,745.00 57.00 5,415.00 57.00 5,415.00 5,415.00 80% 1,330.00 39 TRUNCATED DOMES 10.00 SF 55.00 550.00 - - - - - 550.00 40 TRAFFIC CONTROL 1.00 LS 14,000.00 14,000.00 0.32 4,480.00 0.50 7,000.00 7,000.00 50% 7,000.00 41 INSTALL SIGN 6.00 EACH 350.00 2,100.00 - - 3.00 1,050.00 1,050.00 50% 1,050.00 42 STABILIZED CONSTRUCTION EXIT 2.00 LS 500.00 1,000.00 1.00 500.00 1.00 500.00 500.00 50% 500.00 43 EROSION CONTROL SUPERVISOR 1.00 LS 500.00 500.00 0.38 187.50 0.38 187.50 187.50 38% 312.50 44 STORM DRAIN INLET PROTECTION 30.00 EACH 200.00 6,000.00 3.00 600.00 3.00 600.00 600.00 10% 5,400.00 45 SILT FENCE; TYPE MS 235.00 LF 2.50 587.50 90.00 225.00 90.00 225.00 225.00 38% 362.50 46 SEDIMENT CONTROL LOG TYPE WOOD FIBER 240.00 LF 5.00 1,200.00 240.00 1,200.00 240.00 1,200.00 1,200.00 100% - 47 SEDIMENT CONTROL LOG TYPE ROCK 120.00 LF 5.00 600.00 - - - - - 600.00 48 COMPOST GRADE 2 140.00 CY 30.00 4,200.00 - - - - - 4,200.00 49 FERTILIZER TYPE 3 105.00 LB 2.50 262.50 - - - - - 262.50 50 SODDING 2,515.00 SY 7.00 17,605.00 - - 774.00 5,418.00 5,418.00 31% 12,187.00

EJCDC C-620 Contractor's Application for Payment

Unit Price 1 of 5 (c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved. 27 Progress Estimate - Unit Price Work Contractor's Application for Payment Owner: CITY OF KENYON Owner's Project No.: Engineer: BOLTON & MENK Engineer's Project No.: 24X.134934.000 Contractor: FITZGERALD EXCAVATING & TRUCKING INC Contractor's Project No.: Project: 2025 STREET & UTILITY IMPROVEMENTS Agency's Project No.: Contract:

Application No.: 4 Application Period: From 11/01/25 to 11/28/25 Application Date: 12/09/25

A B C D E F F1 F2 G H I J K L Contract Information Previous Estimate Work Completed Work Completed % of Estimated Value of Work and Materials Value of Value of Bid Item Quantity Completed to Date Materials Currently Stored Stored to Date Item Balance to Finish (F Bid Item Unit Price (C X E) Quantity Previous Value Previous Incorporated in (E X G) (not in G) (H + I) (J / F) - J) No. Description Item Quantity Units ($) ($) Estimate Estimate the Work ($) ($) ($) (%) ($) 51 RAPID STABILIZATION METHOD 2 1,258.00 SY 3.00 3,774.00 - - - - - 3,774.00 52 TOPSOIL PREPARATION 2,515.00 SY 2.50 6,287.50 - - 774.00 1,935.00 1,935.00 31% 4,352.50 53 TURF MAINTENANCE 60.00 DAY 75.00 4,500.00 - - 7.00 525.00 525.00 12% 3,975.00 54 TURF RESTORATION (2ND ST) 1.00 LS 2,500.00 2,500.00 - - - - - 2,500.00 55 CONSTRUCTION ALLOWANCE 74,000.00 UNIT 1.00 74,000.00 - - - - - 74,000.00 56 REMOVE MANHOLE (SANITARY) 2.00 EACH 400.00 800.00 2.00 800.00 2.00 800.00 800.00 100% - 57 REMOVE SEWER PIPE (SANITARY) 340.00 LF 5.00 1,700.00 339.00 1,695.00 339.00 1,695.00 1,695.00 100% 5.00 58 CONNECT TO EXISTING SANITARY SEWER 1.00 EACH 1,500.00 1,500.00 1.00 1,500.00 1.00 1,500.00 1,500.00 100% - 59 8"X6" PVC WYE 12.00 EACH 375.00 4,500.00 16.00 6,000.00 16.00 6,000.00 6,000.00 133% (1,500.00) 60 8" PVC PIPE SEWER 424.00 LF 65.00 27,560.00 391.00 25,415.00 411.00 26,715.00 26,715.00 97% 845.00 61 6" PVC SANITARY SERVICE PIPE 400.00 LF 40.00 16,000.00 276.00 11,040.00 276.00 11,040.00 11,040.00 69% 4,960.00 62 2" PE PRESSURE SEWER SERVICE 105.00 LF 40.00 4,200.00 108.00 4,320.00 108.00 4,320.00 4,320.00 103% (120.00) 63 LINING SEWER PIPE 8" 3,648.00 LF 41.50 151,392.00 - - - - - 151,392.00 64 CASTING ASSEMBLY (SANITARY) 2.00 EACH 1,300.00 2,600.00 - - - - - 2,600.00 65 FINAL CASTING ADJUSTMENT (DONUT CUT) 5.00 EACH 1,700.00 8,500.00 - - - - - 8,500.00 66 CONSTRUCT DRAINAGE STRUCTURE DESIGN 4007 14.70 LF 500.00 7,350.00 14.70 7,350.00 14.70 7,350.00 7,350.00 100% - 67 SANITARY LATERAL REINSTATEMENT 56.00 EACH 55.00 3,080.00 - - - - - 3,080.00 68 TRIMMING PROTRUDING TAPS 7.00 EACH 1,139.00 7,973.00 - - - - - 7,973.00 69 SANITARY LATERAL GROUTING 56.00 EACH 450.00 25,200.00 - - - - - 25,200.00 70 LATERAL CLEANING 28.00 EACH 500.00 14,000.00 - - - - - 14,000.00 71 ROOT CUTTING 1,200.00 LF 3.00 3,600.00 - - - - - 3,600.00 72 SANITARY MANHOLE REHABILITATION (SPRAY-ON) 9.00 EACH 5,320.00 47,880.00 - - - - - 47,880.00 73 SANITARY SEWER BYPASSING 1.00 LS 2,815.00 2,815.00 - - - - - 2,815.00 74 POINT REPAIR - SANITARY SEWER PIPE 4.00 EACH 4,500.00 18,000.00 4.00 18,000.00 4.00 18,000.00 18,000.00 100% - 75 INTERNAL POINT REPAIR (SHORT LINER) 3.00 EACH 2,000.00 6,000.00 - - - - - 6,000.00 76 INTERNAL CHIMNEY SEAL (REHAB) 7.00 EACH 1,550.00 10,850.00 - - - - - 10,850.00 77 REPLACE & ADJUST RING AND CASTING 3.00 EACH 1,400.00 4,200.00 1.50 2,100.00 1.50 2,100.00 2,100.00 50% 2,100.00 78 SANITARY SEWER TRACER SYSTEM 1.00 LS 2,600.00 2,600.00 1.00 2,600.00 1.00 2,600.00 2,600.00 100% - 79 REMOVE GATE VALVE AND BOX 16.00 EACH 300.00 4,800.00 11.00 3,300.00 11.00 3,300.00 3,300.00 69% 1,500.00 80 REMOVE CURB STOP AND BOX 22.00 EACH 150.00 3,300.00 19.00 2,850.00 19.00 2,850.00 2,850.00 86% 450.00 81 REMOVE HYDRANT 6.00 EACH 400.00 2,400.00 4.00 1,600.00 4.00 1,600.00 1,600.00 67% 800.00 82 REMOVE WATER MAIN 1,806.00 LF 5.00 9,030.00 1,216.00 6,080.00 1,216.00 6,080.00 6,080.00 67% 2,950.00 83 TEMPORARY WATER SERVICE 1.00 LS 20,000.00 20,000.00 0.86 17,200.00 0.86 17,200.00 17,200.00 86% 2,800.00 84 CONNECT TO EXISTING WATER MAIN 12.00 EACH 1,500.00 18,000.00 8.00 12,000.00 8.00 12,000.00 12,000.00 67% 6,000.00 85 DISCONNECT EXISTING WATER MAIN (P) 3.00 EACH 900.00 2,700.00 3.00 2,700.00 3.00 2,700.00 2,700.00 100% - 86 HYDRANT (8.0' BURY) 5.00 EACH 6,600.00 33,000.00 4.00 26,400.00 4.00 26,400.00 26,400.00 80% 6,600.00 87 HYDRANT (11' BURY) 1.00 EACH 8,000.00 8,000.00 - - - - - 8,000.00 88 ADJUST VALVE BOX 18.00 EACH 300.00 5,400.00 2.00 600.00 2.00 600.00 600.00 11% 4,800.00 89 1" CORPORATION STOP 27.00 EACH 450.00 12,150.00 20.00 9,000.00 20.00 9,000.00 9,000.00 74% 3,150.00 90 6" GATE VALVE AND BOX 16.00 EACH 2,675.00 42,800.00 9.00 24,075.00 9.00 24,075.00 24,075.00 56% 18,725.00 91 8" GATE VALVE AND BOX 2.00 EACH 3,500.00 7,000.00 2.00 7,000.00 2.00 7,000.00 7,000.00 100% - 92 10" GATE VALVE AND BOX 2.00 EACH 6,000.00 12,000.00 1.00 6,000.00 1.00 6,000.00 6,000.00 50% 6,000.00 93 1" CURB STOP AND BOX 27.00 EACH 500.00 13,500.00 20.00 10,000.00 20.00 10,000.00 10,000.00 74% 3,500.00 94 1" TYPE PE PIPE 765.00 LF 35.00 26,775.00 516.00 18,060.00 516.00 18,060.00 18,060.00 67% 8,715.00 95 DIRECTIONAL DRILL SERVICE BELOW CSAH 12 2.00 EACH 5,000.00 10,000.00 2.00 10,000.00 2.00 10,000.00 10,000.00 100% - 96 6" PVC WATERMAIN 65.00 LF 50.00 3,250.00 63.50 3,175.00 63.50 3,175.00 3,175.00 98% 75.00 97 8" PVC WATERMAIN 645.00 LF 57.00 36,765.00 645.00 36,765.00 645.00 36,765.00 36,765.00 100% - 98 10" PVC WATERMAIN 1,130.00 LF 75.00 84,750.00 140.00 10,500.00 140.00 10,500.00 10,500.00 12% 74,250.00 99 10" PVC WATERMAIN (DIRECTIONAL DRILLED) 780.00 LF 185.00 144,300.00 422.00 78,070.00 722.00 133,570.00 133,570.00 93% 10,730.00 100 4" INSULATION 99.00 SY 50.00 4,950.00 37.00 1,850.00 37.00 1,850.00 1,850.00 37% 3,100.00 101 WATERMAIN FITTINGS 2,992.00 LB 15.00 44,880.00 1,971.00 29,565.00 1,971.00 29,565.00 29,565.00 66% 15,315.00

EJCDC C-620 Contractor's Application for Payment

Unit Price (c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved. 2 of 5 28 Progress Estimate - Unit Price Work Contractor's Application for Payment Owner: CITY OF KENYON Owner's Project No.: Engineer: BOLTON & MENK Engineer's Project No.: 24X.134934.000 Contractor: FITZGERALD EXCAVATING & TRUCKING INC Contractor's Project No.: Project: 2025 STREET & UTILITY IMPROVEMENTS Agency's Project No.: Contract:

Application No.: 4 Application Period: From 11/01/25 to 11/28/25 Application Date: 12/09/25

A B C D E F F1 F2 G H I J K L Contract Information Previous Estimate Work Completed Work Completed % of Estimated Value of Work and Materials Value of Value of Bid Item Quantity Completed to Date Materials Currently Stored Stored to Date Item Balance to Finish (F Bid Item Unit Price (C X E) Quantity Previous Value Previous Incorporated in (E X G) (not in G) (H + I) (J / F) - J) No. Description Item Quantity Units ($) ($) Estimate Estimate the Work ($) ($) ($) (%) ($) 102 VALVE BOX TOP SECTION & CAP 1.00 EACH 250.00 250.00 - - - - - 250.00 103 WATERMAIN TRACER SYSTEM 1.00 LS 5,000.00 5,000.00 0.40 2,000.00 0.40 2,000.00 2,000.00 40% 3,000.00 104 REMOVE PIPE APRON 1.00 EACH 250.00 250.00 - - - - - 250.00 105 REMOVE MANHOLE OR CATCH BASIN 1.00 EACH 400.00 400.00 1.00 400.00 1.00 400.00 400.00 100% - 106 REMOVE SEWER PIPE (STORM) 118.00 LF 9.00 1,062.00 - - - - - 1,062.00 107 SALVAGE CASTING 1.00 EACH 100.00 100.00 1.00 100.00 1.00 100.00 100.00 100% - 108 24" RC PIPE APRON 1.00 EACH 1,500.00 1,500.00 - - - - - 1,500.00 109 TRASH GUARD FOR 24" PIPE APRON 1.00 EACH 1,600.00 1,600.00 - - - - - 1,600.00 110 24" RC PIPE SEWER DESIGN 3006 CLASS III 40.00 LF 110.00 4,400.00 - - - - - 4,400.00 111 CONNECT TO EXISTING STORM SEWER 1.00 EACH 1,000.00 1,000.00 - - - - - 1,000.00 112 CONNECT TO EXISTING DRAINAGE STRUCTURE 2.00 EACH 1,500.00 3,000.00 - - - - - 3,000.00 113 12" PIPE SEWER 81.00 LF 45.00 3,645.00 - - - - - 3,645.00 114 18" PIPE SEWER 732.00 LF 55.00 40,260.00 - - - - - 40,260.00 115 24" PIPE SEWER 219.00 LF 68.00 14,892.00 - - - - - 14,892.00 116 CASTING ASSEMBLY (STORM) 13.00 EACH 1,200.00 15,600.00 - - - - - 15,600.00 117 FINAL CASTING ADJUSTMENT (DONUT CUT) 4.00 EACH 1,700.00 6,800.00 - - - - - 6,800.00 118 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL (R-1) 21.00 LF 450.00 9,450.00 - - - - - 9,450.00 119 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 10.20 LF 600.00 6,120.00 - - - - - 6,120.00 120 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-4020 9.00 LF 950.00 8,550.00 - - - - - 8,550.00 121 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4022 4.60 LF 500.00 2,300.00 - - - - - 2,300.00 122 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60-4022 6.30 LF 1,000.00 6,300.00 - - - - - 6,300.00 123 RECONSTRUCT DRAINAGE STRUCTURE 9.90 LF 700.00 6,930.00 - - - - - 6,930.00 1001 MOBILIZATION (5TH ST) 1.00 LS 10,000.00 10,000.00 0.80 8,000.00 0.90 9,000.00 9,000.00 90% 1,000.00 1002 SALVAGE SIGN 1.00 EACH 50.00 50.00 1.00 50.00 1.00 50.00 50.00 100% - 1003 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) 516.00 LF 5.00 2,580.00 476.00 2,380.00 567.00 2,835.00 2,835.00 110% (255.00) 1004 REMOVE CURB & GUTTER 315.00 LF 5.00 1,575.00 328.00 1,640.00 328.00 1,640.00 1,640.00 104% (65.00) 1005 REMOVE BITUMINOUS DRIVEWAY PAVEMENT 34.00 SY 7.00 238.00 44.00 308.00 44.00 308.00 308.00 129% (70.00) 1006 REMOVE BITUMINOUS PAVEMENT 1,541.00 SY 5.00 7,705.00 1,659.10 8,295.50 1,659.10 8,295.50 8,295.50 108% (590.50) 1007 EXCAVATION - COMMON (P) 1,216.00 CY 16.00 19,456.00 1,216.00 19,456.00 1,216.00 19,456.00 19,456.00 100% - 1008 EXCAVATION - SUBGRADE (P) 347.00 CY 16.00 5,552.00 347.00 5,552.00 347.00 5,552.00 5,552.00 100% - 1009 SELECT GRANULAR EMBANKMENT (CV) (P) 347.00 CY 25.00 8,675.00 347.00 8,675.00 347.00 8,675.00 8,675.00 100% - 1010 GEOTEXTILE FABRIC TYPE 9 2,847.00 SY 2.25 6,405.75 1,984.00 4,464.00 1,984.00 4,464.00 4,464.00 70% 1,941.75 1011 AGGREGATE BASE (CV) CLASS 5 (P) 526.00 CY 25.00 13,150.00 526.00 13,150.00 526.00 13,150.00 13,150.00 100% - 1012 TYPE SP 9.5 WEARING COURSE MIXTURE (3;C) 1.5" THICK 3,553.00 SY 9.00 31,977.00 - - 2,189.00 19,701.00 19,701.00 62% 12,276.00 1013 TYPE SP 12.5 WEARING COURSE MIXTURE (3;C) 2.0" THICK 1,777.00 SY 11.75 20,879.75 - - 1,773.00 20,832.75 20,832.75 100% 47.00 1014 BITUMINOUS PATCH SPECIAL (DRIVEWAY) 25.00 SY 38.25 956.25 - - 15.00 573.75 573.75 60% 382.50 1015 6" PERF PVC PIPE DRAIN 795.00 LF 15.00 11,925.00 822.00 12,330.00 822.00 12,330.00 12,330.00 103% (405.00) 1016 6" PVC PIPE DRAIN CLEANOUT 4.00 EACH 300.00 1,200.00 4.00 1,200.00 4.00 1,200.00 1,200.00 100% - 1017 4" CONCRETE WALK 3,535.00 SF 7.50 26,512.50 3,451.00 25,882.50 3,851.00 28,882.50 28,882.50 109% (2,370.00) 1018 6" CONCRETE WALK 335.00 SF 12.25 4,103.75 254.50 3,117.63 254.50 3,117.63 3,117.63 76% 986.12 1019 TRUNCATED DOMES 90.00 SF 55.00 4,950.00 90.00 4,950.00 90.00 4,950.00 4,950.00 100% - 1020 CONCRETE CURB AND GUTTER DESIGN B618 855.00 LF 25.75 22,016.25 888.40 22,876.30 888.40 22,876.30 22,876.30 104% (860.05) 1021 7" CONCRETE VALLEY GUTTER 117.00 SY 95.00 11,115.00 101.00 9,595.00 101.00 9,595.00 9,595.00 86% 1,520.00 1022 7" CONCRETE DRIVEWAY PAVEMENT (COMMERCIAL) 40.00 SY 92.50 3,700.00 32.80 3,034.00 32.80 3,034.00 3,034.00 82% 666.00 1023 CONCRETE SILL 420.00 LF 12.50 5,250.00 413.00 5,162.50 413.00 5,162.50 5,162.50 98% 87.50 1024 TRAFFIC CONTROL (5TH ST) 1.00 LS 1,525.00 1,525.00 0.80 1,220.00 0.90 1,372.50 1,372.50 90% 152.50 1025 INSTALL SIGN 1.00 EACH 350.00 350.00 - - 1.00 350.00 350.00 100% - 1026 STABILIZED CONSTRUCTION EXIT 1.00 LS 500.00 500.00 - - - - - 500.00 1027 STORM DRAIN INLET PROTECTION 9.00 EACH 200.00 1,800.00 - - - - - 1,800.00 1028 SILT FENCE; TYPE MS 523.00 LF 2.25 1,176.75 - - - - - 1,176.75 1029 SEDIMENT CONTROL LOG TYPE WOOD FIBER 60.00 LF 5.00 300.00 700.00 3,500.00 700.00 3,500.00 3,500.00 1167% (3,200.00)

EJCDC C-620 Contractor's Application for Payment

Unit Price (c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved. 3 of 5 29 Progress Estimate - Unit Price Work Contractor's Application for Payment Owner: CITY OF KENYON Owner's Project No.: Engineer: BOLTON & MENK Engineer's Project No.: 24X.134934.000 Contractor: FITZGERALD EXCAVATING & TRUCKING INC Contractor's Project No.: Project: 2025 STREET & UTILITY IMPROVEMENTS Agency's Project No.: Contract:

Application No.: 4 Application Period: From 11/01/25 to 11/28/25 Application Date: 12/09/25

A B C D E F F1 F2 G H I J K L Contract Information Previous Estimate Work Completed Work Completed % of Estimated Value of Work and Materials Value of Value of Bid Item Quantity Completed to Date Materials Currently Stored Stored to Date Item Balance to Finish (F Bid Item Unit Price (C X E) Quantity Previous Value Previous Incorporated in (E X G) (not in G) (H + I) (J / F) - J) No. Description Item Quantity Units ($) ($) Estimate Estimate the Work ($) ($) ($) (%) ($) 1030 SEDIMENT CONTROL LOG TYPE ROCK 40.00 LF 5.00 200.00 - - - - - 200.00 1031 COMPOST GRADE 2 39.00 CY 30.00 1,170.00 - - - - - 1,170.00 1032 FERTILIZER TYPE 3 29.00 LB 2.50 72.50 - - - - - 72.50 1033 SODDING 700.00 SY 7.00 4,900.00 - - 1,033.00 7,231.00 7,231.00 148% (2,331.00) 1034 RAPID STABILIZATION METHOD 2 350.00 SY 3.00 1,050.00 - - - - - 1,050.00 1035 TOPSOIL PREPARATION 700.00 SY 2.50 1,750.00 - - 1,033.00 2,582.50 2,582.50 148% (832.50) 1036 TURF MAINTENANCE (5TH ST) 30.00 DAY 100.00 3,000.00 - - 7.00 700.00 700.00 23% 2,300.00 1037 REMOVE HYDRANT 1.00 EACH 400.00 400.00 1.00 400.00 1.00 400.00 400.00 100% - 1038 REMOVE WATERMAIN PIPE 538.00 LF 5.00 2,690.00 553.00 2,765.00 553.00 2,765.00 2,765.00 103% (75.00) 1039 CONNECT TO EXIST WATERMAIN 2.00 EACH 1,500.00 3,000.00 2.00 3,000.00 2.00 3,000.00 3,000.00 100% - 1040 ADJUST VALVE BOX 2.00 EACH 300.00 600.00 2.00 600.00 2.00 600.00 600.00 100% - 1041 6" GATE VALVE & BOX 3.00 EACH 2,500.00 7,500.00 3.00 7,500.00 3.00 7,500.00 7,500.00 100% - 1042 6" PVC WATERMAIN 15.00 LF 3,500.00 52,500.00 0.40 1,400.00 0.40 1,400.00 1,400.00 3% 51,100.00 1043 8" PVC WATERMAIN 520.00 LF 55.00 28,600.00 494.80 27,214.00 494.80 27,214.00 27,214.00 95% 1,386.00 1044 HYDRANT (8' BURY) 1.00 EACH 6,500.00 6,500.00 1.00 6,500.00 1.00 6,500.00 6,500.00 100% - 1045 WATERMAIN FITTINGS 300.00 LB 15.25 4,575.00 457.90 6,982.98 457.90 6,982.98 6,982.98 153% (2,407.98) 1046 WATERMAIN TRACER SYSTEM (5TH ST) 1.00 LS 5,000.00 5,000.00 1.00 5,000.00 1.00 5,000.00 5,000.00 100% - 1047 REMOVE MANHOLE OR CATCH BASIN 1.00 EACH 500.00 500.00 1.00 500.00 1.00 500.00 500.00 100% - 1048 REMOVE SEWER PIPE (STORM) 85.00 LF 9.00 765.00 71.00 639.00 71.00 639.00 639.00 84% 126.00 1049 CONNECT TO EXISTING STORM 2.00 EACH 1,250.00 2,500.00 2.00 2,500.00 2.00 2,500.00 2,500.00 100% - 1050 CONNECT TO EXISTING DRAINAGE STRUCTURE 1.00 EACH 1,500.00 1,500.00 1.00 1,500.00 1.00 1,500.00 1,500.00 100% - 1051 18" PIPE SEWER 46.00 LF 55.00 2,530.00 72.20 3,971.00 72.20 3,971.00 3,971.00 157% (1,441.00) 1052 STORM SEWER CASTING ASSEMBLY 2.00 EACH 1,200.00 2,400.00 3.00 3,600.00 3.00 3,600.00 3,600.00 150% (1,200.00) 1053 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL (R-1) 4.30 LF 450.00 1,935.00 4.30 1,935.00 4.30 1,935.00 1,935.00 100% - 1054 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4022 5.20 LF 500.00 2,600.00 5.20 2,600.00 5.20 2,600.00 2,600.00 100% - 1055 CONSTRUCTION ALLOWANCE (5TH ST) 18,000.00 UNIT 1.00 18,000.00 20,846.40 20,846.40 20,846.40 20,846.40 20,846.40 116% (2,846.40) 2001 MOBILIZATION (FOREST M&O) 1.00 LS 5,000.00 5,000.00 - - - - - 5,000.00 2002 BITUMINOUS PATCH SPECIAL (PARTIAL DEPTH) 110.00 SY 38.25 4,207.50 - - - - - 4,207.50 2003 MILL BITUMINOUS PAVEMENT (2") 2,832.00 SY 3.00 8,496.00 - - - - - 8,496.00 2004 BITUMINOUS MATERIAL FOR TACK COAT 283.00 GAL 3.50 990.50 - - - - - 990.50 2005 TYPE SP 12.5 WEARING COURSE MIXTURE (3;B) 2.0" THICK 2,832.00 SY 11.00 31,152.00 - - - - - 31,152.00 2006 ADJUST VALVE BOX 2.00 EACH 300.00 600.00 - - - - - 600.00 2007 7" CONCRETE DRIVEWAY PAVEMENT (COMMERCIAL) 15.00 SY 92.50 1,387.50 - - - - - 1,387.50 2008 TRAFFIC CONTROL (FOREST ST M&O) 1.00 LS 700.00 700.00 - - - - - 700.00 2009 CONSTRUCTION ALLOWANCE (FOREST ST M&O) 1,000.00 UNIT 1.00 1,000.00 - - - - - 1,000.00 3001 MOBILIZATION (RED WING AVE) 1.00 LS 2,000.00 2,000.00 0.80 1,600.00 1.00 2,000.00 2,000.00 100% - 3002 TREE CLEARING 1.00 EACH 1,200.00 1,200.00 1.00 1,200.00 1.00 1,200.00 1,200.00 100% - 3003 TREE GRUBBING 1.00 EACH 500.00 500.00 1.00 500.00 1.00 500.00 500.00 100% - 3004 SALVAGE SIGN 1.00 EACH 50.00 50.00 - - 1.00 50.00 50.00 100% - 3005 REMOVE CURB & GUTTER 15.00 LF 5.00 75.00 15.00 75.00 15.00 75.00 75.00 100% - 3006 EXCAVATION - COMMON (P) 167.00 CY 16.00 2,672.00 167.00 2,672.00 167.00 2,672.00 2,672.00 100% - 3007 4" CONCRETE WALK 1,545.00 SF 7.50 11,587.50 1,540.00 11,550.00 1,540.00 11,550.00 11,550.00 100% 37.50 3008 6" CONCRETE WALK 85.00 SF 12.25 1,041.25 81.00 992.25 81.00 992.25 992.25 95% 49.00 3009 TRUNCATED DOMES 10.00 SF 55.00 550.00 - - - - - 550.00 3010 CONCRETE CURB AND GUTTER DESIGN B618 15.00 LF 25.75 386.25 15.00 386.25 15.00 386.25 386.25 100% - 3011 7" CONCRETE DRIVEWAY PAVEMENT (COMMERCIAL) 25.00 SY 92.50 2,312.50 19.20 1,776.00 19.20 1,776.00 1,776.00 77% 536.50 3012 STORM DRAIN INLET PROTECTION 2.00 EACH 200.00 400.00 - - - - - 400.00 3013 SEDIMENT CONTROL LOG TYPE ROCK 10.00 LF 5.00 50.00 - - - - - 50.00 3014 COMPOST GRADE 2 30.00 CY 30.00 900.00 - - - - - 900.00 3015 FERTILIZER TYPE 3 23.00 LB 2.50 57.50 - - - - - 57.50 3016 SODDING 535.00 SY 7.00 3,745.00 - - 544.00 3,808.00 3,808.00 (63.00)

EJCDC C-620 Contractor's Application for Payment

Unit Price (c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved. 4 of 5 30 Progress Estimate - Unit Price Work Contractor's Application for Payment Owner: CITY OF KENYON Owner's Project No.: Engineer: BOLTON & MENK Engineer's Project No.: 24X.134934.000 Contractor: FITZGERALD EXCAVATING & TRUCKING INC Contractor's Project No.: Project: 2025 STREET & UTILITY IMPROVEMENTS Agency's Project No.: Contract:

Application No.: 4 Application Period: From 11/01/25 to 11/28/25 Application Date: 12/09/25

A B C D E F F1 F2 G H I J K L Contract Information Previous Estimate Work Completed Work Completed % of Estimated Value of Work and Materials Value of Value of Bid Item Quantity Completed to Date Materials Currently Stored Stored to Date Item Balance to Finish (F Bid Item Unit Price (C X E) Quantity Previous Value Previous Incorporated in (E X G) (not in G) (H + I) (J / F) - J) No. Description Item Quantity Units ($) ($) Estimate Estimate the Work ($) ($) ($) (%) ($) 3017 RAPID STABILIZATION METHOD 2 268.00 SY 3.00 804.00 - - - - - 804.00 3018 INSTALL SIGN 1.00 EACH 350.00 350.00 - - 1.00 350.00 350.00 - 3019 TOPSOIL PREPARATION 535.00 SY 2.50 1,337.50 - - 544.00 1,360.00 1,360.00 (22.50) 3020 TURF MAINTENANCE (RED WING AVE WALK) 30.00 DAY 500.00 15,000.00 - - 7.00 3,500.00 3,500.00 11,500.00 3021 CONSTRUCTION ALLOWANCE (RED WING AVE WALK) 1,000.00 UNIT 1.00 1,000.00 - - - - - 1,000.00 Original Contract Totals $ 2,294,629.25 $ 866,194.47 $ 1,098,616.97 $ - $ 1,098,616.97 48% $ 1,196,012.28

EJCDC C-620 Contractor's Application for Payment

Unit Price (c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved. 5 of 5 31 AGENDA ITEM NO. VIII.A

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: December 9, 2025

SUBMITTED BY: Holli Gudknecht, Administration

ITEM TYPE: Legal

Agenda Section: Legal

SUBJECT: Ordinance No. 113: Regulating the Discharge of Firearms, Bows, and

Hunting Within City Limits 1. Resolution 2025-25: Approving Publication of Ordinance No. 113 by Title and Summary

Summary of Changes from the Original Ordinance –

Hunting & Weapon Discharge Ordinance

1. Bow Hunting on Private Property is Now Explicitly Allowed (with Restrictions): The amended ordinance allows limited bow hunting on private property within city limits, provided:

The hunter has landowner permission;

All Minnesota DNR regulations and state safety laws are followed; and

All required safety setback distances from occupied buildings are met. This was previously unclear or fully prohibited under the original ordinance.

2. All Hunting is Prohibited on City-Owned Property: The amendment clearly prohibits all forms of hunting—firearms and archery—on all City-owned property, including:

City parks

Trails

Public facilities

Public rights-of-way This establishes a uniform, easily enforceable no-hunting policy for all public land.

3. Firearms Discharge Remains Fully Prohibited in City Limits: No change was made to the long-standing prohibition on firearm discharge anywhere within the city.

4. State Law and DNR Restrictions are Now Incorporated by Reference: The ordinance now directly incorporates Minnesota state law and DNR hunting restrictions, including:

Prohibitions near occupied buildings and livestock;

Road and right-of-way discharge bans;

Property permission requirements;

Public land restrictions;

Posted "No Hunting" and safety zones.

Suggested Action: Motion Needed To Adopt Ordinance 113

Motion Needed (Only If Ordinance 113 Is Adopted)

TO ADOPT RESOLUTION 2025-25: APPROVING

PUBLICATION OF ORDINANCE NO. 113 BY TITLE AND SUMMARY

Attachments:

Ordinance_113_Regulating_the_Discharge_of_Firearms_Bows_and_Hunting_within_City_Limits.docx Resolution 2025-25 Approving_publication_of_Ordinance_No__113_by_title_and_summary.doc

ORDINANCE NO. 113, THIRD SERIES

An Ordinance Amending The Kenyon City Code By

ADDING A NEW SECTION 925 REGULATING THE DISCHARGE

OF FIREARMS, BOWS, AND HUNTING WITHIN CITY LIMITS

The City Council Of The City Of Kenyon, Minnesota, Ordains:

Section 1. Chapter 9 of the Kenyon City Code is hereby amended by adding the following new Section 925 Firearms, Bows and Hunting Within City Limits, as follows:

Section 925 – Firearms, Bows And Hunting Within City Limits

925.01. Findings and Purpose: The City of Kenyon makes the following legislative findings: The purpose of this ordinance is to protect the public health, safety and welfare of the residents of the City by regulating the discharge of firearms, the use of bows, and the location of hunting activities within the corporate limits while maintaining consistency with Minnesota law and Minnesota Department of Natural Resources (DNR) regulations.

925.03. Authority: This ordinance is adopted pursuant to the authority granted to the City of Kenyon under the Minnesota Constitution, Minnesota Statutes §§ 412.221, 471.633, 97B.001, and other applicable laws authorizing municipalities to regulate weapons, hunting activity and public safety.

925.05. Definitions: For the purposes of this ordinance, the following terms shall have the meanings given: Subd. 1. City. The City of Kenyon, Minnesota. Subd. 2. City limits or corporate limits. The geographic boundaries of the City of Kenyon. Subd. 3. City-Owned Property. All parks, trails, road rights-of-way, public lands, buildings, facilities, and any real property owned, leased, or controlled by the City of Kenyon. Subd 4. Firearm. Any device designed to propel a projectile by the action of an explosive, including, but not limited to, pistols, rifles, shotguns, and muzzleloaders. Subd. 5. Bow. Any device designed to propel an arrow by elastic force, including but not limited to longbows, recurve bows, compound bows, and crossbows. Subd. 6. Discharge. The firing, shooting, releasing, launching, or otherwise allowing the propelled projectile to leave the device. Subd. 7. Hunting. Pursuing, shooting, killing, capturing, or attempting to take wild animals or game. Subd. 8. Person. Any natural person, firm, partnership, association or corporation.

925.07. Prohibition: The discharge of any firearm within the City of Kenyon is strictly prohibited at all times, except as authorized in Section 8 of this ordinance.

925.09. Hunting on City-Owned Property Prohibited: No hunting of any kind is permitted on City-owned property, including but not limited to: (A) City parks and trails. (B) Public rights-of-way.

DOCSOPEN\KE200\5\1064681.v2-12/8/25 34 (C) Public buildings and grounds. (D) Public recreation areas. (E) Any land owned, leased, or maintained by the City.

This prohibition applies to both firearm and bow hunting, without exception, except as authorized under 925.15.

925.11. Bow Hunting on Private Property Permitted With Restrictions: Bow hunting on private property within the City is permitted, provided that all of the following conditions are met:

(A) Landowner Permission Required. The hunter must have the express permission of the property owner.

(B) State Law 500-Foot Safety Zone Applies. In accordance with Minnesota Statutes § 97B.001, no discharge may occur within 500 feet of any occupied building, livestock, or corral, unless the owner of that structure or livestock gives permission.

(C) Minnesota DNR Rules Must Be Followed. All hunting must comply with:

a. Licensed hunting requirements. b. Legal seasons. c. Bag limits. d. Legal equipment restrictions. e. Shooting hour limitations. f. Safety clothing and blaze orange/pink requirements when applicable.

(D) Trespassing Prohibited. No person may enter another's land for hunting without permission pursuant to Minnesota trespass law.

(E) Public Road Restrictions Apply. No person may shoot from, across, or along any public road or right-of-way.

(F) No Reckless Endangerment. Any discharge that creates a risk to persons or property is prohibited.

925.13. Prohibited Hunting Locations Under State and DNR Rules: Hunting is not permitted, regardless of weapon type, in the following locations pursuant to Minnesota law and DNR regulation:

(A) Within 500 feet of occupied buildings or livestock without owner permission (B) From, across, or along public roadways (C) On posted "No Hunting" land or established safety zones (D) Within State Parks except during special DNR-authorized hunts (E) Within Scientific & Natural Areas (SNAs) unless expressly posted as open (F) On City-owned property as stated in Section 5 (G) In any location where discharge would violate state, federal, county, or local law

DOCSOPEN\KE200\5\1064681.v2-12/8/25 35 925.15. Authorized Exceptions: This ordinance shall not apply to: (A) Law enforcement officers of the City, county, state or federal government acting in the scope of their duties. (B) Persons acting in defense of persons or property where use of force is otherwise permitted by Minnesota law. (C) Discharge of a firearm or other projectile device at an officially designated and permitted shooting range, archery range, or training facility located within the City and approved by the City Council. (No such range shall be established without prior City Council approval and review.) (D) Legally authorized activities carried out by the U.S. Fish & Wildlife Service, Minnesota Department of Natural Resources, or other governmental agencies when acting in an official capacity (for example, depredation control) and only when such activity has been coordinated with and approved by the City. (E) Use of antique firearms or similar devices for ceremonial purposes if conducted under a City permit or with prior City approval and with safety precautions required by the City.

925.17. Temporary Special Permits: The City Council may, by resolution, authorize temporary permits allowing discharge for specific events or uses (e.g., ceremonial salutes, special training) subject to conditions designed to protect public safety. Applications for permits must: (1) be made in writing; (2) identify the applicant, purpose, location, date(s) and times; (3) show proof of insurance and safety plan; and (4) comply with any conditions imposed by the City.

925.19. Enforcement and Penalties: (A) Any person who violates any provision of this ordinance shall be subject to enforcement and penalties as provided in the City Code. Violations may be prosecuted as a misdemeanor or as municipal ordinance violations, at the City's option, and may be subject to: (i) a civil fine not to exceed $1,000 for each offense; (ii) criminal penalties permitted under Minnesota law; and (iii) restitution for any damage caused. Each separate discharge constitutes a separate offense. (B) The City may seek injunctive or other equitable relief to prevent ongoing or threatened violations. (C) Officers of the Kenyon Police Department are authorized to issue citations for violations of this ordinance.

925.21. Civil Liability: Nothing in this ordinance shall limit the civil liability of any person whose negligent or willful discharge of a firearm, bow, or other projectile device causes injury, death, or property damage. The liability provisions of applicable law remain in effect.

925.23. Severability: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 2. Effective Date. This ordinance shall be in full force and effect upon its passage and publication.

Adopted by the City Council of the City of Kenyon, Minnesota, this 9th day of December, 2025.

DOCSOPEN\KE200\5\1064681.v2-12/8/25 36 ______________________________ ATTEST: Donald Kirchmann, Mayor

_________________________________ Scott Lehner, City Administrator

(Published in the Kenyon Leader on December 17, 2025)

DOCSOPEN\KE200\5\1064681.v2-12/8/25 37 RESOLUTION NO. 2025-25

City Of Kenyon

COUNTY OF GOODHUE

STATE OF MINNESOTA

A Resolution Approving Publication Of

ORDINANCE NO. 113 BY TITLE AND SUMMARY

WHEREAS, on November 12, 2025, the City Council of the City of Kenyon adopted Ordinance No. 113 entitled "AN ORDINANCE OF THE CITY OF KENYON REGULATING FIREARMS, BOWS, AND HUNTING WITHIN CITY LIMITS"; and

WHEREAS, the ordinance is approximately three pages in length; and

WHEREAS, Minnesota Statutes, section 412.191, subd. 4 allows publication by title and summary in the case of lengthy ordinances; and

WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of

Kenyon that the following summary is hereby approved for official publication:

Summary Publication

ORDINANCE NO. 113

AN ORDINANCE OF THE CITY OF KENYON REGULATING FIREARMS, BOWS, AND HUNTING WITHIN CITY LIMITS

On December 9, 2025, the City Council of the City of Kenyon adopted Ordinance No. 113,

the title of which is stated above. The Ordinance regulates firearms, bows, and hunting within the City of Kenyon. The Ordinance allows limited bow hunting on private property with landowner permission and full compliance with Minnesota DNR and state safety laws. The ordinance prohibits all hunting on City-owned property, including parks, trails, and public facilities. The existing ban on firearm discharge within city limits remains unchanged. The Ordinance sets forth exceptions for law enforcement, persons acting in self-defense permitted by Minnesota law, officially designated and permitted shooting range or training facility approved by city council, legally authorized activities caried out by governmental agencies, and other circumstances permitted and approved by the city. The ordinance also establishes enforcement and penalties for violations. The full text of Ordinance No. 113 is available for inspection at Kenyon City Hall during regular business hours.

NOW, THEREFORE, IT IS HEREBY FURTHER RESOLVED by the City Council of the City of Kenyon that the Deputy City Clerk is directed to publish the above summary in lieu of publication of the entire ordinance, and is further directed to post a copy of the entire text of the ordinance at the Kenyon Library and on the bulletin board at Kenyon City Hall for a period of not

1 38 less than 30 days. In addition, a printed copy of the ordinance is available for inspection by any person during regular office hours at Kenyon City Hall.

Adopted by the Kenyon City Council on this 9th day of December, 2025.

____________________________________ Donald Kirchmann Mayor ATTEST:

___________________________________________ Scott Lehner City Administrator

2 39 AGENDA ITEM NO. VIII.B

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: December 9, 2025

SUBMITTED BY: Holli Gudknecht, Legal

ITEM TYPE: New Business

Agenda Section: Legal

SUBJECT: MN Paid Leave Policy

SUGGESTED ACTION: Attorney Riggs and his staff put together this policy for the new MN Paid Leave.

MOTION NEEDED to adopt this policy with any final revisions by staff to follow.

Attachments:

MINNESOTA_PAID_LEAVE_POLICY_-_State_Plan_template.DOCX

MINNESOTA PAID LEAVE POLICY (State Plan)

Background Employees are entitled to leaves of absence for various reasons, including reasons protected by law. Depending upon an employee's situation, more than one form of leave may apply during the same period. There are many laws that address and/or otherwise relate to leave, and these laws are continually changing and being addressed by state and/or federal courts, agencies, and other decision makers. These laws include the Family Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), Pregnant Workers Fairness Act (PWFA), Minnesota Human Rights Act (MHRA), Minnesota Paid Family and Medical Leave (MNPL, also referred to as PFML or paid leave), Earned Sick and Safe Time (ESST), Minnesota Pregnancy and Parental Leave Law, workers' compensation, public safety duty disability law, and other laws. An employee will need to meet the requirements of each form of leave separately. Leave requests will be evaluated on a case-by-case basis. In addition, collective bargaining agreements and other employment contracts may have additional provisions related to leaves. If there is any inconsistency between city policy and the law, the city will follow the law.

Except as otherwise stated, all paid time off, taken under any of the City's leave programs, must be taken concurrently (avoiding stacking of leave if possible) as well as to avoid any intervening unpaid leave between periods of paid leave. The City will provide employees with time away from work as required by state or federal statutes or contracts, if there are requirements for such time off that are not described in and/or inconsistent with the City's personnel policies.

Overview Effective January 1, 2026, the City will provide time off to eligible employees who qualify for Minnesota Paid Leave (MNPL) benefits under Minnesota law. The City of _______ is a participant in the State of Minnesota's Paid Leave program. MNPL benefits are funded through premium contributions payable to the State of Minnesota. The premium cost will be split between the City and employees as follows: The City of ___________ will pay 50% of the required premium and employees will pay 50% of the premium cost through payroll deductions starting January 1, 2026.

Eligibility Eligibility determinations for MNPL benefits are made by the State of Minnesota. Generally, to be eligible for MNPL, you must meet both of the following requirements:

1. Work 50% or more during the calendar year at a location in Minnesota**; and 2. Meet the financial eligibility requirements by having earned over a specific amount of wages as defined by Minnesota law at the time of your requested leave.

**(If you work less than 50% of the time in a calendar year in Minnesota, another state, or U.S. territory or foreign nation, but you live in Minnesota during 50% or more of the calendar year, your employment is also covered by paid leave.)

Benefit Amount

An employee's weekly MNPL benefits are calculated and determined by the Minnesota Department of Employment and Economic Development (DEED). 1 DOCSOPEN\KG400\1\1056392.v3-11/3/25 41 Definitions (Please note that these definitions are or may be different than definitions used in other leave-related laws, and therefore, eligibility and other provisions may differ.)

 "Family member" includes: o Spouse or partner o Child (including biological, adopted, step, or foster children, or a child you raise even if you are not legally related) o Parent or person who raised you o Sibling o Grandchild or grandparent o In-laws (including son, daughter, father, or mother) o Anyone close to you who depends on you like family, even if not related by blood

 A "serious health condition" means a physical or mental illness, injury, impairment, condition, or substance use disorder. Taking care of yourself for this serious condition may involve evaluation, treatment, inpatient care, recovery, or not being able to perform regular work, attend school, or do regular daily activities. This includes childbirth, conditions related to pregnancy, or surgery.

Leave Entitlement and Usage

The State of Minnesota may approve MNPL leave for the following conditions in a benefit year:  Up to 12 weeks of medical leave (for yourself) to take care of yourself for a serious health condition, including pregnancy, childbirth, recovery, or surgery.  Up to 12 weeks of family leave to: o Bond with a child through birth, adoption, or foster placement o Care for a family member with a serious health condition o Support a military family member called to active duty o Receive covered types of care for yourself or a family member because of domestic abuse, sexual assault, or stalking

You can take both types of leave in the same year, but you cannot exceed 20 weeks total within a single benefit year. For example, an employee may be entitled to 12 weeks of family leave to bond with a child and another 8 weeks of medical leave for their serious health condition. Your benefit year starts the first day you take Paid Leave, which may be different than the benefit year for leave taken under other laws. There is no waiting period for MNPL if you are granted the benefit, but there is a seven-day qualifying event requirement for some types of leave.

MNPL Intermittent Leave

Employees may apply for intermittent leave in most cases, provided the leave is reasonable and appropriate to the needs of the individual requiring care.

A) Eligibility

In addition to the other eligibility requirements under the MN Paid Leave law, employees seeking intermittent leave must have at least eight hours of accumulated leave (unless more than 30 days have lapsed since taking the initial leave).

B) Notice

DOCSOPEN\KG400\1\1056392.v3-11/3/25 42 In situations where employees seek MNPL on an intermittent basis, employees must make a reasonable effort to provide written notice to ______________of the need for intermittent leave before applying for MNPL benefits through the State program. As part of the notice, employees must provide the City with the following: 1) proposed intermittent leave schedule; and 2) a completed certification from a health care provider identifying the leave as necessary and a reasonable estimate of the frequency and duration and treatment schedule for the leave.

The City may dispute an employee's eligibility and/or benefits with DEED if an employee fails to provide notice and a proposed leave schedule to the city before applying for MNPL benefits.

C) Increments of Leave & Maximum Number of Hours

Consistent with other forms of leave provided by the City, employees may take intermittent leave in increments of 15 minutes. If eligible for intermittent leave, the City allows a maximum of 480 hours of intermittent leave in any 12-month period. After reaching the maximum amount of allowed intermittent leave, employees may request continuous MNPL provided the continuous leave does not exceed the maximum amount of MNPL allowed by law.

Notice Prior to starting a claim with the State, employees should reach out to _______________to notify them of the intention to take leave. If the need is foreseeable, we ask that you provide at least two weeks' notice prior to taking leave. If the leave is not foreseeable you will still be able to take leave under MNPL, and we ask that you provide as much notice as possible.

How to Apply for Minnesota Paid Leave

After your leave has been discussed you may apply for MNPL through ____________________________. Contact ________________if you need assistance.

Interaction with Other Laws and Benefits

MNPL will run concurrently with any leave and/or wage supplement for which you may be eligible for under local, state, or federal law which may include: Family and Medical Leave Act (FMLA) and/or Minnesota Pregnancy and Parenting Leave.

The City offers a short-term disability (STD) policy that may run concurrently and require its own filing requirement pursuant to the terms of the STD policy. Contact the City for more information. STD payments may be offset, pursuant to the terms of the STD policy, by MNPL benefits paid to the employee.

Supplementing MNPL Benefits with Accrued Paid Leave

If you are receiving MNPL benefits, the City allows you to supplement, or "top off," your MNPL benefits with any accrued but unused paid leave. If you choose to supplement your MNPL benefits in this way, the combined weekly sum of MNPL benefits and City-provided paid leave benefits cannot exceed your Individual Average Weekly Wage (IAWW). In other words, you cannot receive more income (from all sources including paid leave) while on leave than you would if you were working. For more information, contact _________________. (Paid leave (i.e., PTO, vacation) does not accrue during the time an employee is on MNPL.

DOCSOPEN\KG400\1\1056392.v3-11/3/25 43 Maintaining Health Coverage During Leave Unless the employee revokes coverage while on MNPL, the City will continue to provide group health insurance coverage for an employee on MNPL under the same conditions as the coverage was provided before the employee took leave. You must continue to make timely payments of your share of the premiums for such coverage. If you are not using paid time off to cover part or all of the leave, you will be responsible for remitting your portion of health premiums to the City to ensure continuation of benefits.

Group health insurance may be cancelled if an employee's premium payment is 30 days late. Before terminating coverage, the City will provide written notice to the employee at least 15 days before the coverage is terminated listing the final date payment is due (30 days past the due date) to avoid cancellation and the date coverage will end if payment is not received.

An employee's share of premium payments for their group health insurance coverage may, at the employee's option, be: 1. prepaid at or before the start of the leave in which your health deductions may be modified to accept the agreed upon amounts and cadence of premium deductions; 2. arranged to write a check every 2 weeks for the duration that the employee may be out; 3. postpaid after the leave has ended in which your health deductions may be modified to accept the agreed upon amounts and cadence of premium deductions.

For any payments requiring deductions other than through normal payroll procedures, the City will obtain a written authorization for such deduction(s). There may be tax advantages and/or consequences for these various options, and it is the employee's obligation to understand these and decide accordingly. Coverage that lapses due to nonpayment of premiums will be reinstated immediately upon return to work without a waiting period.

Reinstatement Upon return from covered MNPL, you will be reinstated to your previous position or to an equivalent position, with the same status, pay, employment benefits, length-of-service credit, and seniority credit as of the date of leave as long as you have worked for the City for a minimum of 90 calendar days.

Upon return to work, if it becomes evident that the employee is unable to perform the key essential functions of their position (with or without reasonable accommodation), the City may engage in an interactive process, consistent with the American with Disability Act (ADA) and/or Minnesota Human Rights Act (MHRA) and other applicable laws and workplace policies, including workplace safety protocols, to determine appropriate next steps.

Retaliation The City will not interfere or retaliate against employees who request or take leave in accordance with the Minnesota Paid Leave law.

DOCSOPEN\KG400\1\1056392.v3-11/3/25 44 AGENDA ITEM NO. VIII.C

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: December 9, 2025

SUBMITTED BY: Holli Gudknecht, Administration

ITEM TYPE: Legal

Agenda Section: Legal

SUBJECT: Firebird LLC Contract

Suggested Action: Motion Needed

Attachments:

redlined Firebird Purchase and Development Agreement 12.5.2025 (II).pdf DOCSOPEN-#1059954-v5-Firebird_LLC_Purchase_and_Development_Agreement.DOC

PURCHASE AND DEVELOPMENT AGREEMENT

By and Between

Kenyon Economic Development Authority

and

Firebird Llc

This document drafted by:

Kennedy & Graven, Chartered (Sjr)

150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300

DOCSOPEN\KE200\219\1059954.v1-11/11/25DOCSOPEN\KE200\219\1059954.v5-12/5/25 46 TABLE OF CONTENTS PAGE

Preamble 1

Article I

Definitions

Section 1.1. Definitions 1

Section 1.2. Exhibits 3 Section 1.3. Rules of Interpretation 3 Section 1.4. Incorporation of Recitals and Exhibits 3

Article Ii

Representations and Warranties

Section 2.1. Representations by the Authority 3

Section 2.2. Representations and Warranties by the Developer 4 Section 2.3 Representations Ongoing 4

Article Iii

Conveyance of Development Property

Section 3.1. Conveyance of the Development Property 5

Section 3.2. Condition of Title 5 Section 3.3. Financing 6 Section 3.4. Representations 6 Section 3.5. Conditions Precedent to Conveyance 7 Section 3.6. Developer Contingencies 8 Section 3.7. Closing; Delivery and Recording 8 Section 3.8 Attorney Costs……………………………………………………………………...9

Article Iv

Construction of Minimum Improvements

Section 4.1. Construction of Minimum Improvements 9

Section 4.2. Construction Plans 9 Section 4.3. Commencement and Completion of Construction 10 Section 4.4. Certificate of Completion and Release of Forfeiture 10 Section 4.5. Reconstruction of Improvements 11

i DOCSOPEN\KE200\219\1059954.v1-11/11/25DOCSOPEN\KE200\219\1059954.v5-12/5/25

PAGE

Article V

Insurance

Section 5.1. Required Insurance 11

Section 5.2 Evidence of Insurance 12

Article Vi

Collection of Taxes

Section 6.1. Taxes 12

Section 6.2. Right to Collect Delinquent Taxes 13

Article Vii

Prohibition Against Sale; Encumbrances; Indemnification

Section 7.1. Prohibition Against Sale of Minimum Improvements 14

Section 7.2. Limitation Upon Encumbrance of Development Property 14 Section 7.3. Release and Indemnification Covenants 14

Article Viii

Events of Default

Section 8.1. Events of Default Defined 15

Section 8.2. Remedies on Default 16 Section 8.3. Revesting Interest in the Authority Upon Happening of Event of Default Subsequent to Conveyance to Developer 16 Section 8.4 Resale of Reacquired Development Property; Disposition of Proceeds 17 Section 8.5. No Remedy Exclusive 18 Section 8.6. No Additional Waiver Implied by One Waiver 18

Article Ix

Additional Provisions

Section 9.1. Conflict of Interests; Representatives Not Individually Liable 19

Section 9.2. Equal Employment Opportunity 19 Section 9.3. Restrictions on Use 19 Section 9.4. Provisions Not Merged With Deed; No Merger of Representations, Warranties 19 Section 9.5. Notices and Demands 19 Section 9.6. Counterparts 20 Section 9.7. Disclaimer of Relationships 20 Section 9.8. Release of Claims 20 Section 9.9. Modification and Waiver 20

ii DOCSOPEN\KE200\