Kenyon City Council, June 30, 2026

Mayor Kirchmann called the special meeting to order at 3:30 p.m.

Public Hearing, Presentation, review and discussion relating to the City's proposed establishment of Municipal Development District No. 2 (the "Development District "), adoption of a Development Program for the Development District (the "Development Program"), establishment of Tax Increment Financing District No. 2-1 (Apartment Building) (a redevelopment tax increment financing district) (the "District") in the Development District, and adopt a Tax Increment Financing Plan (the "TIF Plan") for the District issues for the Kenyon Real Estate 2, LLC redevelopment project. Attorney Riggs stated the purpose of the public hearing and that the resolutions included were needed to move forward with this project. Tammy with Northland Securities reviewed the TIF purpose and process, projected tax increment, and duration of the TIF. The actions taken today would approve the plan. Attorney Riggs added that this meeting was to adopt the plan and create the framework to allow this project to move forward.

Mayor Kirchmann questioned what percent of the new housing would be for Section 8. Alex Baraniak of Rebound stated that their intention would be zero Section 8 apartments.

Approval of Resolution No. 2026-18 "Establishing Municipal Development District No. 2; Adopting a

Development Program for Development District No. 2, Establishing Tax Increment Financing District No. 2-1 (Apartment Building) Therein and Adopting a Tax Increment Financing Plan Thererfor; Adopting Contract; Adopting Interfund Loan.

Approval and Authorizing an Interfund Loan for Advance of Certain Costs in Connection with Tax

Increment District No. 2-1: Apartment Building (A Redevelopment Tax Increment Financing District).

Other Project-Related Matters

None

15

Scott Lehner, City Administrator Donald Kirchmann, Mayor

AGENDA ITEM NO. VI.A

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: July 14, 2026

SUBMITTED BY: Holli Gudknecht, Administration

ITEM TYPE: Miscellaneous

Agenda Section: Presentations / Public Hearings

RECOGNITIONS/PROCLAMATIONS

SUBJECT: Public Hearing on Flom Disposal, Inc. Rate Increase

Suggested Action: Need Motion To Open And Close Public Hearing

Attachments:

Garbage Public Hearing.pdf

17 18 Agenda Item Summary CITY COUNCIL AGENDA ITEM REPORT

DATE: July 14, 2026

SUBMITTED BY: Holli Gudknecht, Administration

ITEM TYPE: Administrator Update

Agenda Section: Administrator Update

Subject: Administrator Update:

1. Recognition of Pool Staff – Addison Lindell, Cosette Rice, and Leah Widholm 2. Election Update 3. KMU New Hire 4. Personnel Policy Update

SUGGESTED ACTION: Administrator Lehner will give an update.

Attachments:

AGENDA ITEM NO. VII.A

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: July 14, 2026

SUBMITTED BY: Holli Gudknecht, Engineering

ITEM TYPE: Engineering

Agenda Section: Engineering

Subject:

2025 Street & Utility Project – Pay Application 7

Suggested Action:

Most of the reconstruction work within Langford Avenue is now complete and we anticipate that sod will be placed by the time of the council meeting. The last remaining major item of work is sewer lining and manhole rehabitation of various sewer mains throughout town. Crews have installed the liner systems but they still need to install manhole liners, adjust castings, and grout service connections.

We'll provide an update on schedule during the meeting.

The attached pay estimate includes work completed through 7/3/2026.

Requested Action:

Motion approving Pay Estimate #7 for the 2025 Street & Utility Improvements

Attachments:

134934 Pay Application No. 7-revised.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.: 7 Application Date: 7/14/2026 Application Period: From 5/30/2026 to 7/3/2026

1. Original Contract Price $ 2,294,629.25 2. Net change by Change Orders $ (37,814.00) 3. Current Contract Price (Line 1 + Line 2) $ 2,256,815.25 4. Total Work completed and materials stored to date (Sum of Column G Lump Sum Total and Column J Unit Price Total) $ 1,964,638.53 5. Retainage a. 5% X $ 1,964,638.53 Work Completed $ 98,231.93 b. X $ - Stored Materials $ - c. Total Retainage (Line 5.a + Line 5.b) $ 98,231.93 6. Amount eligible to date (Line 4 - Line 5.c) $ 1,866,406.60 7. Less previous payments $ 1,405,217.46 8. Amount due this application $ 461,189.14 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. 21 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.: 7 Application Period: From 05/30/26 to 07/03/26 Application Date: 07/14/26

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 0.66 24,750.00 0.87 32,625.00 32,625.00 87% 4,875.00 2 CLEARING 6.00 EACH 1,000.00 6,000.00 6.00 6,000.00 6.00 6,000.00 6,000.00 100% - 3 GRUBBING 6.00 EACH 500.00 3,000.00 6.00 3,000.00 7.00 3,500.00 3,500.00 117% (500.00) 4 SALVAGE SIGN 5.00 EACH 50.00 250.00 6.00 300.00 6.00 300.00 300.00 120% (50.00) 5 SAWING CONCRETE PAVEMENT (FULL DEPTH) 95.00 LF 7.00 665.00 88.00 616.00 124.00 868.00 868.00 131% (203.00) 6 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) 402.00 LF 5.00 2,010.00 198.00 990.00 423.00 2,115.00 2,115.00 105% (105.00) 7 REMOVE CURB AND GUTTER 1,305.00 LF 5.00 6,525.00 1,253.00 6,265.00 1,313.00 6,565.00 6,565.00 101% (40.00) 8 REMOVE CONCRETE DRIVEWAY PAVEMENT 128.00 SY 10.00 1,280.00 84.50 845.00 114.50 1,145.00 1,145.00 89% 135.00 9 REMOVE BITUMINOUS DRIVEWAY PAVEMENT 230.00 SY 7.00 1,610.00 124.00 868.00 267.00 1,869.00 1,869.00 116% (259.00) 10 REMOVE BITUMINOUS PAVEMENT 4,907.00 SY 4.00 19,628.00 4,854.60 19,418.40 4,874.60 19,498.40 19,498.40 99% 129.60 11 REMOVE CONCRETE WALK 480.00 SF 2.00 960.00 237.10 474.20 360.10 720.20 720.20 75% 239.80 12 EXCAVATION - COMMON (P) 2,857.00 CY 13.00 37,141.00 1,617.00 21,021.00 2,857.00 37,141.00 37,141.00 100% - 13 EXCAVATION - SUBGRADE (P) 1,394.00 CY 13.00 18,122.00 983.00 12,779.00 1,394.00 18,122.00 18,122.00 100% - 14 EXPLORATORY EXCAVATION 8.00 HR 300.00 2,400.00 14.50 4,350.00 16.50 4,950.00 4,950.00 206% (2,550.00) 15 SELECT GRANULAR EMBANKMENT (CV) (P) 1,394.00 CY 25.00 34,850.00 983.00 24,575.00 1,394.00 34,850.00 34,850.00 100% - 16 GEOTEXTILE FABRIC TYPE 9 5,574.00 SY 2.50 13,935.00 2,887.70 7,219.25 5,653.70 14,134.25 14,134.25 101% (199.25) 17 AGGREGATE SURFACING CLASS 2 36.00 CY 30.00 1,080.00 - - 45.00 1,350.00 1,350.00 125% (270.00) 18 AGGREGATE BASE (CV) CLASS 5 (P) 1,167.00 CY 25.00 29,175.00 589.00 14,725.00 1,167.00 29,175.00 29,175.00 100% - 19 SURFACE RESTORATION (2ND ST) 1.00 LS 47,500.00 47,500.00 1.00 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 4.00 18,000.00 18,000.00 133% (4,500.00) 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 - - 3,030.65 27,275.85 27,275.85 39% 42,564.15 24 TYPE SP 12.5 WEARING COURSE MIXTURE (3;C) 2.0" THICK 2,807.00 SY 11.75 32,982.25 - - 3,030.65 35,610.14 35,610.14 108% (2,627.89) 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 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 - - 148.80 5,356.80 5,356.80 213% (2,836.80) 27 6" PERF PVC PIPE DRAIN 2,281.00 LF 15.25 34,785.25 1,488.30 22,696.58 2,836.30 43,253.58 43,253.58 124% (8,468.33) 28 SUMP PUMP SERVICE 13.00 EACH 1,000.00 13,000.00 10.00 10,000.00 12.00 12,000.00 12,000.00 92% 1,000.00 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 8.00 2,400.00 2,400.00 114% (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 1,954.50 309.50 2,321.25 2,321.25 87% 341.25 33 6" CONCRETE WALK 70.00 SF 12.25 857.50 - - 61.00 747.25 747.25 87% 110.25 34 CONCRETE CURB AND GUTTER DESIGN B618 1,060.00 LF 25.80 27,348.00 1,102.00 28,431.60 1,157.00 29,850.60 29,850.60 109% (2,502.60) 35 CONCRETE CURB AND GUTTER DESIGN D DRIVEOVER 1,910.00 LF 23.75 45,362.50 - - 1,872.00 44,460.00 44,460.00 98% 902.50 36 6" CONCRETE DRIVEWAY PAVEMENT 175.00 SY 88.25 15,443.75 102.50 9,045.63 146.80 12,955.10 12,955.10 84% 2,488.65 37 7" CONCRETE DRIVEWAY PAVEMENT 420.00 SY 92.50 38,850.00 - - 350.80 32,449.00 32,449.00 84% 6,401.00 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 - - 9.00 495.00 495.00 90% 55.00 40 TRAFFIC CONTROL 1.00 LS 14,000.00 14,000.00 0.66 9,240.00 0.87 12,180.00 12,180.00 87% 1,820.00 41 INSTALL SIGN 6.00 EACH 350.00 2,100.00 3.00 1,050.00 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 12.00 2,400.00 12.00 2,400.00 2,400.00 40% 3,600.00 45 SILT FENCE; TYPE MS 235.00 LF 2.50 587.50 235.00 587.50 235.00 587.50 587.50 100% - 46 SEDIMENT CONTROL LOG TYPE WOOD FIBER 240.00 LF 5.00 1,200.00 420.00 2,100.00 420.00 2,100.00 2,100.00 175% (900.00) 47 SEDIMENT CONTROL LOG TYPE ROCK 120.00 LF 5.00 600.00 20.00 100.00 20.00 100.00 100.00 17% 500.00 48 COMPOST GRADE 2 140.00 CY 30.00 4,200.00 - - - - - 4,200.00

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. 22 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.: 7 Application Period: From 05/30/26 to 07/03/26 Application Date: 07/14/26

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 ($) ($) ($) (%) ($) 49 FERTILIZER TYPE 3 105.00 LB 2.50 262.50 - - - - - 262.50 50 SODDING 2,515.00 SY 7.00 17,605.00 1,612.00 11,284.00 1,612.00 11,284.00 11,284.00 64% 6,321.00 51 RAPID STABILIZATION METHOD 2 1,258.00 SY 3.00 3,774.00 1,487.10 4,461.30 1,487.10 4,461.30 4,461.30 118% (687.30) 52 TOPSOIL PREPARATION 2,515.00 SY 2.50 6,287.50 1,612.00 4,030.00 1,612.00 4,030.00 4,030.00 64% 2,257.50 53 TURF MAINTENANCE 60.00 DAY 75.00 4,500.00 19.00 1,425.00 19.00 1,425.00 1,425.00 32% 3,075.00 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 19,749.00 19,749.00 52,140.00 52,140.00 52,140.00 70% 21,860.00 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 17.00 6,375.00 17.00 6,375.00 6,375.00 142% (1,875.00) 60 8" PVC PIPE SEWER 424.00 LF 65.00 27,560.00 419.00 27,235.00 419.00 27,235.00 27,235.00 99% 325.00 61 6" PVC SANITARY SERVICE PIPE 400.00 LF 40.00 16,000.00 346.00 13,840.00 346.00 13,840.00 13,840.00 87% 2,160.00 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 - - 3,650.00 151,475.00 151,475.00 100% (83.00) 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 - - 66.00 3,630.00 3,630.00 118% (550.00) 68 TRIMMING PROTRUDING TAPS 7.00 EACH 1,139.00 7,973.00 - - 7.00 7,973.00 7,973.00 100% - 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 - - 1,225.00 3,675.00 3,675.00 102% (75.00) 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 - - 1.00 2,815.00 2,815.00 100% - 74 POINT REPAIR - SANITARY SEWER PIPE 4.00 EACH 4,500.00 18,000.00 5.00 22,500.00 5.00 22,500.00 22,500.00 125% (4,500.00) 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 16.00 4,800.00 16.00 4,800.00 4,800.00 100% - 80 REMOVE CURB STOP AND BOX 22.00 EACH 150.00 3,300.00 19.00 2,850.00 24.00 3,600.00 3,600.00 109% (300.00) 81 REMOVE HYDRANT 6.00 EACH 400.00 2,400.00 6.00 2,400.00 6.00 2,400.00 2,400.00 100% - 82 REMOVE WATER MAIN 1,806.00 LF 5.00 9,030.00 2,188.00 10,940.00 2,188.00 10,940.00 10,940.00 121% (1,910.00) 83 TEMPORARY WATER SERVICE 1.00 LS 20,000.00 20,000.00 1.00 20,000.00 1.00 20,000.00 20,000.00 100% - 84 CONNECT TO EXISTING WATER MAIN 12.00 EACH 1,500.00 18,000.00 12.00 18,000.00 12.00 18,000.00 18,000.00 100% - 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 5.00 33,000.00 5.00 33,000.00 33,000.00 100% - 87 HYDRANT (11' BURY) 1.00 EACH 8,000.00 8,000.00 1.00 8,000.00 1.00 8,000.00 8,000.00 100% - 88 ADJUST VALVE BOX 18.00 EACH 300.00 5,400.00 4.00 1,200.00 4.00 1,200.00 1,200.00 22% 4,200.00 89 1" CORPORATION STOP 27.00 EACH 450.00 12,150.00 26.00 11,700.00 26.00 11,700.00 11,700.00 96% 450.00 90 6" GATE VALVE AND BOX 16.00 EACH 2,675.00 42,800.00 16.00 42,800.00 16.00 42,800.00 42,800.00 100% - 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 2.00 12,000.00 2.00 12,000.00 12,000.00 100% - 93 1" CURB STOP AND BOX 27.00 EACH 500.00 13,500.00 26.00 13,000.00 26.00 13,000.00 13,000.00 96% 500.00 94 1" TYPE PE PIPE 765.00 LF 35.00 26,775.00 675.00 23,625.00 675.00 23,625.00 23,625.00 88% 3,150.00 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 99.50 4,975.00 99.50 4,975.00 4,975.00 153% (1,725.00) 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 1,104.00 82,800.00 1,104.00 82,800.00 82,800.00 98% 1,950.00 99 10" PVC WATERMAIN (DIRECTIONAL DRILLED) 780.00 LF 185.00 144,300.00 780.00 144,300.00 780.00 144,300.00 144,300.00 100% -

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 23 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.: 7 Application Period: From 05/30/26 to 07/03/26 Application Date: 07/14/26

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 ($) ($) ($) (%) ($) 100 4" INSULATION 99.00 SY 50.00 4,950.00 88.50 4,425.00 88.50 4,425.00 4,425.00 89% 525.00 101 WATERMAIN FITTINGS 2,992.00 LB 15.00 44,880.00 2,988.00 44,820.00 2,992.00 44,880.00 44,880.00 100% - 102 VALVE BOX TOP SECTION & CAP 1.00 EACH 250.00 250.00 - - 2.00 500.00 500.00 200% (250.00) 103 WATERMAIN TRACER SYSTEM 1.00 LS 5,000.00 5,000.00 0.70 3,500.00 1.00 5,000.00 5,000.00 100% - 104 REMOVE PIPE APRON 1.00 EACH 250.00 250.00 1.00 250.00 1.00 250.00 250.00 100% - 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 1,062.00 118.00 1,062.00 118.00 1,062.00 1,062.00 100% - 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 1.00 1,500.00 1.00 1,500.00 1,500.00 100% - 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 40.00 4,400.00 40.00 4,400.00 4,400.00 100% - 111 CONNECT TO EXISTING STORM SEWER 1.00 EACH 1,000.00 1,000.00 1.00 1,000.00 1.00 1,000.00 1,000.00 100% - 112 CONNECT TO EXISTING DRAINAGE STRUCTURE 2.00 EACH 1,500.00 3,000.00 2.00 3,000.00 2.00 3,000.00 3,000.00 100% - 113 12" PIPE SEWER 81.00 LF 45.00 3,645.00 49.00 2,205.00 81.00 3,645.00 3,645.00 100% - 114 18" PIPE SEWER 732.00 LF 55.00 40,260.00 481.00 26,455.00 732.00 40,260.00 40,260.00 100% - 115 24" PIPE SEWER 219.00 LF 68.00 14,892.00 218.00 14,824.00 218.00 14,824.00 14,824.00 100% 68.00 116 CASTING ASSEMBLY (STORM) 13.00 EACH 1,200.00 15,600.00 - - 9.00 10,800.00 10,800.00 69% 4,800.00 117 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 12.00 5,400.00 21.00 9,450.00 9,450.00 100% - 119 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 10.20 LF 600.00 6,120.00 5.30 3,180.00 10.20 6,120.00 6,120.00 100% - 120 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-4020 9.00 LF 950.00 8,550.00 9.00 8,550.00 9.00 8,550.00 8,550.00 100% - 121 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4022 4.60 LF 500.00 2,300.00 4.60 2,300.00 4.60 2,300.00 2,300.00 100% - 122 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60-4022 6.30 LF 1,000.00 6,300.00 6.30 6,300.00 6.30 6,300.00 6,300.00 100% - 123 RECONSTRUCT DRAINAGE STRUCTURE 9.90 LF 700.00 6,930.00 9.90 6,930.00 9.90 6,930.00 6,930.00 100% - 1001 MOBILIZATION (5TH ST) 1.00 LS 10,000.00 10,000.00 1.00 10,000.00 1.00 10,000.00 10,000.00 100% - 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 2,580.00 567.00 2,835.00 567.00 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 3,711.00 33,399.00 3,711.00 33,399.00 33,399.00 104% (1,422.00) 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 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 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 3,851.00 28,882.50 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 1.00 1,525.00 1.00 1,525.00 1,525.00 100% - 1025 INSTALL SIGN 1.00 EACH 350.00 350.00 1.00 350.00 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

EJCDC C-620 Contractor's Application for Payment

Unit Price 3 of 5 (c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved. 24 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.: 7 Application Period: From 05/30/26 to 07/03/26 Application Date: 07/14/26

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 ($) ($) ($) (%) ($) 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) 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 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 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 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 1.00 5,000.00 1.00 5,000.00 5,000.00 100% - 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 2,832.00 8,496.00 2,832.00 8,496.00 8,496.00 100% - 2004 BITUMINOUS MATERIAL FOR TACK COAT 283.00 GAL 3.50 990.50 175.00 612.50 175.00 612.50 612.50 62% 378.00 2005 TYPE SP 12.5 WEARING COURSE MIXTURE (3;B) 2.0" THICK 2,832.00 SY 11.00 31,152.00 2,832.00 31,152.00 2,672.00 29,392.00 29,392.00 94% 1,760.00 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 1.00 700.00 1.00 700.00 700.00 100% - 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 1.00 2,000.00 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 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 10.00 550.00 10.00 550.00 550.00 100% - 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

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 25 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.: 7 Application Period: From 05/30/26 to 07/03/26 Application Date: 07/14/26

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 ($) ($) ($) (%) ($) 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 3,808.00 544.00 3,808.00 3,808.00 102% (63.00) 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 1.00 350.00 350.00 100% - 3019 TOPSOIL PREPARATION 535.00 SY 2.50 1,337.50 544.00 1,360.00 544.00 1,360.00 1,360.00 102% (22.50) 3020 TURF MAINTENANCE (RED WING AVE WALK) 30.00 DAY 500.00 15,000.00 7.00 3,500.00 7.00 3,500.00 3,500.00 23% 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 $ 1,516,990.27 $ 2,002,452.53 $ - $ 2,002,452.53 87% $ 292,176.72

Change Orders

209 10" PVC WATERMAIN (DIRECTIONAL DRILLED) (204.40) L F 185.00 (37,814.00) (204.40) (37,814.00) (204.40) (37,814.00) (37,814.00) 100% - - - - - Change Order Totals $ (37,814.00) $ (37,814.00) $ (37,814.00) $ - $ (37,814.00) 100% $ -

Original Contract and Change Orders

Project Totals $ 2,256,815.25 $ 1,479,176.27 $ 1,964,638.53 $ - $ 1,964,638.53 87% $ 292,176.72

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 26 AGENDA ITEM NO. VII.B

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: July 14, 2026

SUBMITTED BY: Holli Gudknecht, Engineering

ITEM TYPE: Engineering

Agenda Section: Engineering

Subject:

2025 Street & Utility Project – Change Order 2

Suggested Action:

As we discussed last month, some settlement of service line trenches is visible within 8th Street. The original contract required that 8th Street (and any other remaining streets) be paved with the final lift of asphalt by July 18th. To allow for additional settlement time, we are recommending that final paving for 8th Street be delayed until the end of this construction season. We are also including Langford Avenue in this change order since final pavement is not yet placed in that street. All other work within the contract is still required to be complete by July 18th. Remaining Punch list corrections must be competed by August 30th.

Requested Action:

Motion approving Change Order 2 for the 2025 Street & Utility Improvements

Attachments:

134934 Change Order 2.pdf

CHANGE ORDER FORM NO.: 2 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. Contractor's Project No.: N/A Project: 2025 Street & Utility Improvements Contract Name: N/A Date Issued: 7/14/2026 Effective Date of Change Order: 7/14/2026 The Contract is modified as follows upon execution of this Change Order: Description: Soils used to backfill underground utility trenches from 2025 construction within 8 th Street have settled over the previous year and the Engineer has recommended final paving of these areas be delayed to allow for additional settlement to occur. At the time of this Change Order, final paving of Langford Ave has also not occurred so the paving date revision will also apply to that area. In an effort to define completion expectations, the provisions described below are added to the contract (deleted text crossed out, new text in bold italics): Project Manual Revisions 1. Modify the following to Section 00 52 00 – Agreement Forms, Article 4.04, as follows: The work will be substantially completed on or before July 18, 2026, and completed and ready for final payment in accordance with Paragraph 15.06 of Section 00 72 00 "General Conditions" of this Project Manual on or before August 30, 2026, except that within 8th Street and Langford Avenue, the final lift of bituminous pavement and any required subsequent work must be substantially completed and ready for final payment on or before October 31, 2026. Clarification: This Change order is not intended to alleviate or reduce the responsibility of the contractor to address defective work in the future. If additional settlement occurs within 8 th street or other areas of the project after final paving, repair of the defective work is still required, in accordance with the original contract. The revised completion dates for final paving, as described above, will be used for establishing start dates for the correction period and related responsibilities for the entire project. Attachments: None

-The remainder of this page was intentionally left blank. See next page –

This document is a MODIFED version of EJCDC® C‑941, Copyright© 2018 by NSPE, ACEC, and ASCE. All rights reserved. City of Kenyon - 24X.134934.000 CHANGE ORDER 2 June 2025 PAGE 00 63 63-1 28 Change in Contract Price Change in Contract Times (WD=working day) Original Contract Price: Original Contract Times: Substantial Completion: 07/18/2026 $ 2,294,629.25 Ready for final payment: 08/30/2026 Milestone 1A,1B,1C,1D & 2A 15 WD, 22 WD, 30 WD, 11 WD, 10/31/2025 Change from prev. Change Orders: Change from previously approved Change Orders: Substantial Completion: N/A $ (37,814.00) Ready for final payment: N/A Milestones: 1D Omitted, 2A pushed to 11/28/2025 Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: 07/18/2026 $ 2,294,629.25 Ready for final payment: 08/30/2026 Milestone 1A,1B,1C,1D & 2A 15 WD, 22 WD, 30 WD, 11/28/2025 [Decrease] this Change Order: Change this Change Order: Substantial Completion: 07/18/2026 (except final paving 10/31/26) $ -0- Ready for final payment: 08/30/2026 (except final paving 10/31/26) Milestones: 1D Omitted, 2A pushed to 11/28/2025 Contract Price with this Change Order: Contract Times with all approved Change Orders: Substantial Completion: 07/18/2026 (except final paving 10/31/26) $ 2,256,815.25 Ready for final payment: 08/30/2026 (except final paving 10/31/26) Milestone 1A,1B,1C & 2A 15 WD, 22 WD, 30 WD, 11/28/2025

Recommended by Engineer (if required) Accepted by Contractor

By: Title: Date: Authorized by Owner Approved by Funding Agency (if applicable) By: Title: Date:

This document is a MODIFED version of EJCDC® C‑941, Copyright© 2018 by NSPE, ACEC, and ASCE. All rights reserved. City of Kenyon - 24X.134934.000 CHANGE ORDER 2 June 2025 PAGE 00 63 63-2 29 AGENDA ITEM NO. VIII.A

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: July 14, 2026

SUBMITTED BY: Holli Gudknecht, Administration

ITEM TYPE: Legal

Agenda Section: Legal

SUBJECT: Kenyon Crossing Update – Agreement, Approval, etc. 1. Resolution 2026-24 Approving Contract for Private Development and Sub-Grant Agreement with Kenyon Real Estate 2, LLC for Certain Properties in the City of Kenyon

SUGGESTED ACTION: Attorney Riggs will give an update.

Motion Needed To Adopt Resolution 2026-24

Attachments:

Resolution 2026-24 APPROVING CONTRACT FOR PRIVATE DEVELOPMENT AND SUB-

GRANT AGREEMENT WITH KENYON REAL ESTATE 2, LLC FOR CERTAIN PROPERTY IN THE CITY OF KENYON.docx

RESOLUTION NO. 2026-24 CITY OF KENYON COUNTY OF GOODHUE STATE OF MINNESOTA

Resolution Approving Contract For Private

DEVELOPMENT A N D S U B - G R A N T A G R E E M E N T

WITH KENYON REAL ESTATE 2, LLC FOR CERTAIN PROPERTY IN THE CITY OF KENYON

BE IT RESOLVED by the City of Kenyon, Minnesota (the "City") as follows:

Section I. Recitals.

1.01. The City has determined a need to exercise the powers of an economic development authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ("EDA Act").

1.02. Among the activities to be assisted by the City is a proposed development by Kenyon Real Estate 2, LLC, a Minnesota limited liability company (the "Developer"), which has asked for financial assistance to help pay a portion of the costs of demolition of the existing structures and construction of a new 36-unit apartment development residential building on the Redevelopment Property located at the Redevelopment Property on certain real property located within the City of Kenyon, Goodhue County (the "Project").

1.03. The City supports private efforts to develop, redevelop, rehabilitate and renovate properties located within the City.

1.04. There has been presented before the City a form of Contract for Private Development between the City and the Developer (the "Contract for Private Development"), which sets forth the terms of the assistance and additional terms and conditions related to the Project and the form of a pay-as-you-go tax increment financing note which will assist in funding the Project.

1.05. The City and Developer have applied for and received a grant from the State of Minnesota as memorialized in a DEED Grant Contract Agreement (previously approved and executed by the City) and a further Sub-Grant Agreement between the City and the Developer.

1.06. There has been presented before the City a form of Sub-Grant Agreement between the City and the Developer (the " Sub-Grant Agreement"), which sets forth the terms of the assistance and additional terms and conditions related to the Project.

1.07. The Developer proposes to utilize the financial assistance from the City to construct housing and therefore such assistance is not a "business subsidy" within the meaning of Minnesota Statutes, sections 1161.993 to 1161.995.

1.08. The City has reviewed the Contract for Private Development and Sub-Grant Agreement and finds that the execution thereof by the City and performance of the City's

DOCSOPEN\KE215\20\1106440.v3-7/14/26 31 obligations thereunder are in the best interest of the City and its residents. Section 2. Findings.

2.01. The recitals set forth in the preamble to this Resolution and the exhibits attached to this Resolution are incorporated into this Resolution as if fully set forth herein.

2.02. The Contract for Private Development and Sub-Grant Agreement are hereby in all respects authorized, approved and confirmed by the City and the Mayor and City Administrator are hereby authorized and directed to execute and deliver the Contract for Private Development and Sub-Grant Agreement for and on behalf of the City in substantially the form now on file with the City, but with such modifications as shall be deemed necessary, desirable or appropriate, its execution thereof to constitute conclusive evidence of the approval of any and all modifications therein.

Section 3. Implementation.

3.01. The Mayor and City Administrator are authorized and directed to execute and deliver any additional agreements, certificates or other documents that the City determines are necessary to implement this Resolution.

3.02. The City directs the City staff to take any appropriate action and to prepare any appropriate documents to facilitate the directives of the City as set forth in this Resolution and in performing its obligations under the Contract for Private Development and Sub-Grant Agreement.

3.03. The Mayor, City Administrator, City staff, City attorney, and City consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this Resolution.

Section 4. Effective Date. This resolution is effective upon the date of its adoption.

Approved by the City of Kenyon this 14th day of July, 2026.

City Of Kenyon

_______________________________ Donald Kirchmann, Mayor ATTEST:

_________________________ Scott Lehner, City Administrator

DOCSOPEN\KE215\20\1106440.v3-7/14/26 32 AGENDA ITEM NO. IX.A

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: July 14, 2026

SUBMITTED BY: Holli Gudknecht, Administration

ITEM TYPE: **Financial

Agenda Section: Financial

SUBJECT: June 2026 Financial Reports and Payments of Claims

SUGGESTED ACTION: **These items were approved under the Consent Agenda

Attachments:

7-14-26 Checks.pdf 7-14-26 Revenue.pdf 7-14-26 Expenses.pdf

33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 AGENDA ITEM NO. XI.A

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: July 14, 2026

SUBMITTED BY: Holli Gudknecht, Engineering

ITEM TYPE: New Business

Agenda Section: New Business

Subject:

616 9th Street Fence Variance Request

Suggested Action:

See attached staff report.

Requested Action:

Motion approving Resolution 2026-22

Attachments:

City Council - 616 9th Street Fence Variance Staff Report.pdf Resolution 2026-22 Fence Variance at 616 9th St.docx

MEMORANDUM Date: July 8, 2026 To: Kenyon City Council From: Kristi Trisko, AICP, PMP Subject: 616 9th Street Fence Variance

Meeting Date: July 14, 2026

Applicant: Ms. Stephanie Brezina Location: 616 9th Street, See Fig #1 Property ID: 665600240 Legal Description: Southern Heights Addition; Lots 12,13, & 14 Block 2. See Fig #2.

Request: Ms. Brezina has requested to place an 8' fence along the western edge of her property line from the rear yard to 25' from the front property line. See Figure #3. Figure 2 – So. Heights Plat

Figure 1- Yard Exhibit

Variance: Requesting a 2'

additional fence height from rear to halfway through side yard and a 4.5' fence variance from halfway through side/front yard. See Figure #3.

Figure 3 - Variance Site Plan

C:\Users\kristitr\Desktop\Misc Work\Kenyon\616 9th Street\Variance\Staff Report\City Council Brezina Staff Report.docx

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Staff Report

Zone: R-2 (One and two Family Residential)

See Figure #4

Single Family

. Single Family &

Multi-Family Family Daycare Commercial Figure 4 - Zoning Map

Existing Land Use: Single family uses are located on

Vacant the north and west of the site. Commercial and multi-family uses are located just east and southeast of the site. The site just south of the site is vacant. The variance site, 616 9th Street is used as Figure 5 - Land Use Exhibit a single-family use as well as a family daycare. See Figure #5

Tree/Shrub Coverage Site Use and Site Details: The site is used as a home

and a family childcare facility of up to 14 children.

Existing Fence

Outdoor The outdoor use area includes both hard surface Daycare Use play areas and the grass area in the backyard as seen in the Figure #6. There is an existing fence to

Tree/Shrub Coverage

Home the east of the site partial on the L & M Company Parking site which has been approved by the owner. The site also has extensive tree/shrub cover on the north and west side of the site and a circular driveway with parking areas near the central west side of the home as seen in Figure #6.

Figure 6 - Trees / Coverage on Site

Relevant City Code:

520.09 Fencing - Subd. 4. Residential fencing and screening. a. Except as provided herein, fences extending across rear yards and the rear half of the side yard shall not exceed six feet in height. b. Fences extending across front yards shall, and the front half of the side yard shall not exceed 3-1/2 feet in height and must be at least 50 percent open for the passage of air and light. 505.03 Definitions • Subd. 223. Yard, front - A yard extending along the full width of the front lot line between the side lot lines and extending from the abutting street right-of-way line to the depth required in the setback regulations for the zoning district in which such lot is located. • Subd. 225. Yard, rear - The portion of the yard on the same lot with the principal building located

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between the rear line of the building and the rear lot line and extending for the full width of the lot. • Subd. 227. Yard, side - The yard extending along the side lot line between the front yard and rear yards to the depth and width required by setback regulations for the zoning district in which such lot is located.

Details of the request: The owner added 2' to an existing 6' fence solid wood fence in a portion of the rear yard adjacent to the western side of the property in October of 2025 for "safety, privacy and the well-being of the children in her licensed childcare program". See Figure #7 and #8. The owner would like to continue that fence forward towards her front yard with an 8' tall fence to approximately the front corner of her existing home or 25' back from the property line. See the attached Site Plan or Figure #3.

The City of Kenyon's fence standards allow for up to a 6' fence height in rear and ½ of rear/side yards. The front ½ side yard is allowed up to 3.5' in fence height. See "Relevant City Code" for fencing standards and yard definitions.

Figure 8 - Current Fencing Figure 7 - Existing Fence

Neighborhood Notification: All property owners within 350' feet of this property were notified within ten days of the public hearing and published in the paper on June 24, 2026, that a public hearing would be held on July 7, 2026, for this variance request.

Additional Comments Received:

K and M Hoffman - We received a letter from you today about the 8' fence for resident on 9th st. My question to you is why is Bolton involved on a city ordinance issue? Seems it should be handled through the city or county, as it always has. I'm just wondering the reasoning or legal reasoning of Boltons involvement. Just found it to be quite unordinary.

Amber Wood - So as long as she is ONE foot (East) from the property line with the new fence and trailer to be removed, we are good with this with located and approved property pins.

Staff and Board of Adjustments -Considered Findings:

a. The variance is in harmony with the general purposes and intent of this Chapter;

Finding: The installation and allowance of fences in residential areas are typical in most cities. The site is also used as a licensed family daycare with up to 14 children, additional fencing would provide additional privacy for the children. In addition, the uses to the east and south are commercial or vacant which are unique to this block providing additional needs for fencing that provides privacy.

Specific site evaluation: Given the existing tree/shrub coverage along the western property edge an additional height of 2' in the rear side half and 4.5' on the front side half will not substantially alter the

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general purpose and intent of the fencing standards or be out of character along the western property edge of this site. b. The variance is consistent with the comprehensive plan;

Finding: From the Economic / Community Development Goal #1 – promote on-going cooperative

effort among the City, including business owners and residents to pursue a wide range of economic opportunities. Goal #2 – Support and encourage the efforts of private sectors in businesses. Allowing a fence variance for increased privacy directly supports a local private sector business as a family daycare facility is on-site.

c. The applicant proposes to use the property in a reasonable manner not permitted by this code;

Finding: A state licensed family childcare facility is an allowed, permitted use in all low-density residential zones. As a home and a state licensed family daycare, increased privacy is an expected and required condition to maintain a state license. Increasing the fence from 6' to 8' would allow the site to be used as a reasonable manner.

d. Unique circumstances apply to the property, which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography, or other circumstances over which the owner of the property since the enactment of this Chapter has had no control. The unique circumstances do not result from the actions of the applicant;

Finding: The unique circumstances for this site are; 1. Surrounding properties include commercial uses to the east and southeast side of the site and a vacant site to the south of the site, so the use is not adjacent to a complete block of residential uses 2. The site has two valid permitted uses, a single-family home and a state licensed daycare. The daycare requires private outdoor play areas. 3. The property is larger than typical city lots and located near the city's jurisdictional boundary that allows for great flexibility in uses, lot sizes, and city infrastructure. The rural setting includes a gravel roadway rather than a typical hard surfaced street. This more rural setting should allow for more flexibility in fencing standards.

e. That the variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties.

Finding: Economic conditions are not a factor in this variance request. The fence variance has been requested for additional privacy for a single-family home and daycare use along the western side of the home. A 2' and 4.5' fence height variance would provide the privacy needed along the side yard of the home while also requesting that the homeowner remove the trailer that is currently on the site for additional privacy concerns. A consistent solid wood fence that is 8' in height will provide a tidy appearance of the side yard from 9th Street and is the minimum variance needed to alleviate the practical difficult of privacy on this side yard.

f. The variance does not alter the essential character of the neighborhood; and

Finding: A solid wood fence is a typical feature in most residential and mixed residential and commercial neighborhoods. Though, typically taller and more security-based fencing that includes some level of gates are sometimes allowed in commercial and industrial areas. An additional fence height of 8' total or 2' above the standard height will not alter the essential character of this block.

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g. The board of adjustments may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this code, or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended, Ord. No. 72, Third Series)

Recommended Conditions: 1. The trailer must be removed from the front yard before the fence is installed. 2. A building permit must be obtained for the new 8' high fence. 3. The existing fence must be removed and rebuilt to be 1 foot off the property line and with the good side of the fence facing the outside property line per code. (Added by Planning Commission) 4. Fence type must match along the entire west side property line. (Added by Planning Commission)

STAFF RECCOMENDATION: Based on Section 560.09 VARIANCES, The Board of Adjustments will not issue a variance unless it shall make findings based upon the evidence presented to it in each specific case that all the findings must be met. The Planning Consultant, Krist Trisko, recommends that the current and future fence requests meet the findings as outlined in this report and recommends approval with the recommended conditions.

PLANNING COMMISSION RECCOMENDATION: The Planning Commission unanimously recommended that with a rebuilt 8' current fence and the future 8' fence as shown on the site plan that is built to city code, meet the findings as outlined in this report and recommends approval with the four recommended conditions.

Board Of Adjustments Action:

As required in the Ordinance, The Board must determine if all of the findings have been met. The Board may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards.

91 92 93 94 95 RESOLUTION 2026-22 (Revised) CITY OF KENYON COUNTY OF GOODHUE STATE OF MINNESOTA

Resolution Adopting A Fence Variance

LOCATED AT 616 9TH STREET KENYON, MINNESOTA

PID# 665600240

WHEREAS, as a public hearing was legally notified to residents within 350 feet of the subject property and posted in the local paper on Wednesday, June 24, 2026, for the scheduled public hearing held on Tuesday, July 7, 2026; and

WHEREAS, The Kenyon City Council acting as the Board of Adjustments provided the following findings of fact.

1. The variance is in harmony with the general purposes and intent of this Chapter; The installation and allowance of fences in residential areas are typical in most cities. The site is also used as a licensed family daycare with up to 14 children, additional fencing would provide additional privacy for the children. In addition, the uses to the east and south are commercial or vacant which are unique to this block providing additional needs for fencing that provides privacy. Given the existing tree/shrub coverage along the western property edge an additional height of 2' in the rear side half and 4.5' on the front side half will not substantially alter the general purpose and intent of the fencing standards or be out of character along the western property edge of this site.

2. The unique circumstances for this site are; a. Surrounding properties include commercial uses to the east and southeast side of the site and a vacant site to the south of the site, so the use is not adjacent to a complete block of residential uses b. The site has two valid permitted uses, a single-family home and a state licensed daycare. The daycare requires private outdoor play areas. c. The property is larger than typical city lots and located near the city's jurisdictional boundary that allows for great flexibility in uses, lot sizes, and city infrastructure. The rural setting includes a gravel roadway rather than a typical hard surfaced street. This more rural setting should allow for more flexibility in fencing standards.

3. The variance is consistent with the comprehensive plan - Allowing a fence variance for increased privacy directly supports a local private sector business as a family daycare facility is on-site.

4. The applicant proposes to use the property in a reasonable manner not permitted by this code; A state licensed family childcare facility is an allowed, permitted use in all low-density residential zones. As a home and a state licensed family daycare, increased privacy is an expected and required condition to maintain a state license. Increasing the fence from 6' to 8' would allow the site to be used as a reasonable manner.

5. That the variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. Economic conditions are not a factor in this variance request. A 2' and 4.5' fence height variance would 1 of 2

96 provide the privacy needed along the side yard of the home while also requesting that the homeowner remove the trailer that is currently on the site for additional privacy concerns. A consistent solid wood fence that is 8' in height will provide a tidy appearance of the side yard from 9th Street and is the minimum variance needed to alleviate the practical difficulty of privac