Packet text, February 8, 2022
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- 2.8.2022 Council Packet Agenda packet · 468k chars
- 2.8.22 Council Work Session Minutes minutes · 0k chars
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AGENDA
CITY COUNCIL REGULAR SESSION
February 8, 2022
7:00 PM
I. CALL TO ORDER AND ROLL CALL
II. CITIZEN COMMENTS
III. ADOPT AGENDA
III.A Adopt Agenda
Summary Report
2-8-22 Agenda Council Meeting.docx
IV. CONSENT AGENDA
**All items listed with asterisks (**) are considered routine and non-controversial by the
Council and will be approved by one motion. There will be not separate discussion of these
items unless a Council member, City staff or citizen so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda.
V. APPROVAL OF MINUTES and APPOINTMENTS
V.A
Approval of City Council Meeting Minutes of January 11, 2022
Summary Report
1-11-22 City Council Mtg.doc
V.B Appoint Planning Commission Member
Summary Report
Planning Commission Application.pdf
VI. PRESENTATIONS/PUBLIC HEARINGS
RECOGNITIONS/PROCLAMATIONS
VII. ENGINEERING
VII.A Pearl Creek & Forest Street Sanitary Sewer Improvements Update - Derek
Olinger, City Engineer
1. Approve Continued design and completion work.
Summary Report
01.1_Pearl Cr-Forest St San Sewer Improvements_v2.pdf
01.2_Televising RFP Figures.pdf
01.3_Proposal_2-4-22_v2.pdf
VII.B North Street Drainage Improvements
1
1. Authorization to seek construction proposals
2. Authorization to acquire drainage easements
Summary Report
02.1_North Street Drainage Improvements.pdf
02.2_North Street Plan Excerpt.pdf
01.2_Televising RFP Figures 8.5x11.pdf
02.2_North Street Plan Excerpt 8.5x11-red.pdf
VIII. LEGAL
VIII.A Ag Lease for City owned land
Summary Report
KenyonAgricultural Lease 2022-2024.doc
Aerial map of 2.25 acre area DOC020222-02022022150207.pdf
Area map showing 2.25-acre parcel DOC020422-02042022115708.pdf
IX. FINANCIAL
X. OLD BUSINESS
X.A Discuss Lease for Fire/EMS Vehicle
Summary Report
EMT Fire Vehicle Lease OptionsDOC020222-02022022130005.pdf
EMT Fire Vehicle Purchase information DOC020222-02022022131514.pdf
EMS/Rescue Vehicle images.pdf
XI. NEW BUSINESS
XI.A Kenyon Muni - 2022 Rose Fest Street Dance Band Contract
Summary Report
Dads Band Agreement DOC020222-02022022150145.pdf
XI.B Discuss and possibly appoint person to City Council.
Summary Report
City Council applicant letters DOC013122-01312022120054.pdf
XI.C Renew Lease for City Hall Copier – Toshiba
Summary Report
Toshiba Copier Lease quote DOC020222-02022022150506.pdf
XI.D Goodhue County Sheriff’s Department - Communications Subscriber Agreement
– with Kenyon PD
Summary Report
DOC020222-02022022150619.pdf
XI.E Appoint Pool Manager 2022 Season
2
Summary Report
XII. OTHER BUSINESS
XII.A FYI
Summary Report
2-8-22 FYI.pdf
XIII. COUNCIL AND STAFF GENERAL COMMENTS
XIV. ADJOURNMENT
3
AGENDA ITEM NO. III.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Administration
ITEM TYPE: Miscellaneous
AGENDA SECTION: ADOPT AGENDA
SUBJECT: Adopt Agenda
SUGGESTED ACTION: See agenda below.
Motion Needed
ATTACHMENTS:
2-8-22 Agenda Council Meeting.docx
4
AGENDA
CITY COUNCIL MEETING
February 8, 2022
Recite Pledge of Allegiance
7:00. I. CALL TO ORDER AND ROLL CALL
II. CITIZEN COMMENTS
III. ADOPT AGENDA
IV. CONSENT AGENDA
** All items listed with asterisks (**) are considered routine and non-controversial by the Council and will
be approved by one motion. There will be no separate discussion of these items unless a Council member,
City staff or citizen so requests, in which case the item will be removed from the Consent Agenda and
considered in its normal sequence on the agenda.
V. **APPROVAL OF MINUTES and APPOINTMENTS
A. City Council Meeting Minutes of January 11, 2022
B. Appoint Planning Commission Member
VI. PRESENTATIONS/PUBLIC HEARINGS
RECOGNITIONS/PROCLAMATIONS
VII. ENGINEERING
A. Pearl Creek and Forest Street Sanitary Sewer Improvements Update
1. Engineering/Survey Proposal
B. North Street Drainage Improvements
1. Requests for Proposals to Contractors
2. Consider Authorizing Acquisition of Drainage Easement for New Storm Sewer
VIII. LEGAL
A. Ag Lease for City Owned Land
IX. FINANCIAL
**A. January 2022 Treasurer’s Report
**B. Payment of Claims
X. OLD BUSINESS
A. Discuss Lease for Fire/EMS Vehicle
XI. NEW BUSINESS
A. Kenyon Muni - 2022 Rose Fest Street Dance Band Contract
B. Discuss and Possibly Appoint Person to City Council
C. Renew Lease for City Hall Copier – Toshiba
D. Goodhue County Sheriff’s Department - Communications Subscriber Agreement –
with Kenyon PD
E. Appoint Pool Manager 2022 Season
5
XII. OTHER BUSINESS
A. Schedule of Upcoming Meetings
1. KMU Meeting: Tuesday, February 15th @ 2:00 p.m.
2. City Council Meeting: Tuesday, March 8th @ 7 p.m.
3. EDA Annual Meeting March 15, 2022@ 9:00 pm.
4. Board of Appeal & Equalization: Thursday, April 14th @ 5:00 p.m.
XIII. COUNCIL AND STAFF GENERAL COMMENTS
XIV. ADJOURNMENT
6
AGENDA ITEM NO. V.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Administration
ITEM TYPE: Minutes
AGENDA SECTION: APPROVAL OF MINUTES and APPOINTMENTS
SUBJECT:
Approval of City Council Meeting Minutes of January 11, 2022
SUGGESTED ACTION: See attached minutes below.
ATTACHMENTS:
1-11-22 City Council Mtg.doc
7
Pursuant to due call and notice thereof, a City Council Meeting was duly held in the City Council chambers
at 7:00 p.m. on the 11th day of January 2022. The meeting was called to order by Acting Mayor Rechtzigel.
The following members were present: Council Members Dan Rechtzigel, Molly Ryan, and Mary Bailey
Via Zoom: Mayor Doug Henke, Administrator Mark Vahlsing, Attorney Scott Riggs
Absent:
Also, present: Administrative Assistant Holli Gudknecht, Police Chief Jeff Sjoblom, Engineer Derek
Olinger, Kathy Flikke Finance Clerk, Todd Greseth, Rodney and Michelle Robertson, and Michelle Vlasak
reporter for Kenyon Leader
The meeting opened with the Pledge of Allegiance.
CITIZEN COMMENT
Goodhue County Commissioner, Todd Greseth, gave an update on what’s happening in the County.
ADOPT AGENDA
Motion by Bailey second by Ryan to approve the agenda.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0.
CONSENT AGENDA
Motion by Bailey second by Henke to approve the Consent Agenda, which includes payment of check
numbers, 73146 through 73255; 3847E through 3854E.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0.
PRESENTATIONS/PUBLIC HEARINGS/RECOGNITIONS/PROLAMATIONS
Police Chief Sjoblom announced the hire of part-time Officer Rodney Roberts. Officer Roberts gave the
Council a background on himself and introduced his wife, Michelle.
ENGINEERING
Request for Authorization to Begin Preliminary Engineering Design for 2023 Pearl Creek & Forest
Street Sanitary Sewer Lining Project
Engineer Olinger stated that the City has two sanitary sewer lining projects listed on the infrastructure
management plan for completion in 2023. One project is located on Forest Street between 3rd Street and 9th
Street and the other is the Pearl Creek main located between 2nd Street and the wastewater plant. Olinger
outlined the preliminary activities, fees, and the tentative schedule for this project.
Motion by Ryan seconded by Bailey to approve the proposal by Bolton & Menk to proceed with the
preliminary data collection on the Pearl Creek and Forest Street sanitary sewer improvements at a cost of
$8,946.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0.
LEGAL
2022 Appointments and Designations
Planning Commission – 2 Year Term – Jerry Barrett, Dennis Wickum
Public Utility Commission – 3 Year Term – Jim Malloy
Library Board – 3 Year Term – Eileen Ehrich
a. Acting Mayor – Dan Rechtzigel
b. Legal Newspaper – Kenyon Leader
c. Depository – Security State Bank of Kenyon
8
d. City Attorney – Scott Riggs, Kennedy & Graven Chartered
e. Prosecuting Attorney – David Jacobsen, Hero, Jorstad, Jacobsen Law Firm
f. City Engineer – Derek Olinger, Bolton & Menk
g. City Auditor – Abdo Eich and Meyers
h. Financial Consultant – George Eilertson- Northland Securiteis
i. Investments – As Allowed Per Minnesota Statutes
j. Deputy Clerk – Holli Gudknecht
k. Weed Inspector – Doug Henke
l. Audit Committee – Doug Henke, Molly Ryan, Kathy Flikke, Mark Vahlsing
m. Personnel Committee – Dan Rechtzigel, Doug Henke and Mark Vahlsing
n. Liquor Committee – Doug Henke, Russell Thurmes, Mark Vahlsing
o. Kenyon Fire Relief Association – Doug Henke and Mark Vahlsing
Motion by Ryan seconded by Rechtzigel to approve the 2022 committee appointments and designations.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0.
Resolution 2022-01: Establishing License Fees and Compensation
Administrator Vahlsing stated that the only increase for 2022 was an additional $10 for the Depot Park
building rent.
Motion by Bailey second by Ryan to approve Resolution 2022-01.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan – Aye
Motion carried 4-0-0.
Annual Refuse Licenses
Flom Disposal Inc., Waste Management, Veit Container Corp (Commercial, Temporary roll off, dumpster)
Annual Recycling Licenses
Flom Disposal Inc., Goodhue County Public Works, Waste Management (Commercial Recycling).
Annual Sidewalk Obstruction Licenses
Kenyon Ace Hardware, Kenyon VFW Post 141, Mary’s Rustic Rose, Twice Found, D&S Banner, Taco
Express
Annual Dance License
Kenyon VFW Post 141
Annual Mobile Merchant License
Che Che’s Lunchera, Taco Express
Motion by Ryan second by Bailey to approve the annual refuse, recycling, sidewalk, dance, and mobile
merchant licenses.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0.
Kennedy & Graven 2022 Rates for Legal Services
Attorney Riggs reviewed the proposed rates for legal services for 2022. This increase would raise the hourly
base rate from $174.00 to $180.00 an hour.
Motion by Ryan seconded by Bailey to approve 2022 rates for legal services.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
9
Motion carried 4-0-0.
Resolution 2022-04: Approving Minor Subdivision - Lot Split Application – 302 Bullis St. (PID
66.320.0210) – Hauge Lutheran Church
City Administrator Vahlsing stated that Allen Stolee, representing Hauge Lutheran Church, was seeking
approval of a lot split that would restore the property boundary between lots 4 and 5 in Block 29 of
Bullis’ Second South Side addition to the original plat. The proposed lot split has been reviewed and
signed off by the City Attorney.
Motion by Henke seconded by Ryan to adopt Resolution 2022-04 approving the lot split for Hauge
Lutheran Church.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0.
Resolution 2022-05: Approving Minor Subdivision - Lot Split Application – 1221 Mantorville Rd
(PID 66.140.0270) – Cecelia Foss
City Administrator Vahlsing stated that Russell Foss, POA for Cecelia Foss, was seeking approval to
split a 2.49 acre parcel from their larger parcel located at 1221 Mantorville Road. The area is zoned
residential. The proposed lot split has been reviewed and signed off by the City Attorney.
Motion by Bailey seconded by Ryan to adopt Resolution 2022-05 approving the lot split for Cecelia
Foss.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0.
OLD BUSINESS
None
NEW BUSINESS
Sewer Rate Study – Review Possible Sewer Rate Increase
Administrator Vahlsing reviewed the sewer rate study that was completed and the proposed rate increase.
The study shows an increase to existing sewer rates is necessary due to a projected shortfall.
Motion by Henke second by Ryan to implement the staff’s recommended sewer rate changes that would
take affect with the April billing period that begins March 15, 2022.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0.
Resolution 2022-02: A Resolution Authorizing Acceptance of 2021 Donations
Motion by Ryan second by Bailey to approve Resolution 2022-02 authorizing the acceptance of the
2021 donations of $17,510.02.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0.
Resolution 2022-03 Declaring Vacant City Council Seat
Attorney Riggs stated that this resolution declares the open council seat of Tom Gard, who resigned his
seat at the December council meeting. Since the remaining term is less than two years, the Council can
appoint a replacement to serve until the term expires in December 2022. Vahlsing will advertise for
interest in this position.
Motion by Bailey second by Ryan to adopt Resolution 2022-03 declaring vacant City Council seat.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0.
10
Approve job descriptions - Library
Youth Services/Library Assistant
Library Assistant
Administrator Vahlsing stated that Assistant Librarian Barb Bonde will be retiring from her full-time
position in March. Library Director Otte and the Library Board are requesting approval to create two
part-time positions, a Youth Services/Assistant Librarian and a Library Assistant.
Motion by Ryan second by Henke to approve the Youth Services/Assistant Librarian job description and
posting.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0.
Motion by Bailey second by Ryan to approve the Library Assistant job description and posting.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Bailey – Aye, Ryan - Aye
Motion carried 4-0-0.
Schedule of Upcoming Meetings
KMU Meeting: Tuesday, January 18th @ 2:00 p.m.
EDA Annual Meeting: Tuesday, January 25th @ 9 a.m. at Lacey’s Kitchen & Cocktails (Rescheduled to
March)
City Council Meeting: Tuesday, February 8th @ 7 p.m.
COUNCIL AND STAFF GENERAL COMMENTS
Chief Sjolander stated that they have been dealing with several incidents that have occurred in town.
Mayor Henke commented on the nice weather in Arizona.
Administrator Vahlsing thanked Derek for running the electronic part of the meeting and thanked Mayor
Henke for zooming in to the meeting.
Motion by Ryan second by Bailey to adjourn the meeting at 7:52 p.m.
Roll Call Vote: Henke- Aye, Rechtzigel – Aye, Gard – Aye, Ryan - Aye
Motion carried 4-0-0.
Holli Gudknecht, Administrative Assistant Dan Rechtzigel, Acting Mayor
11
AGENDA ITEM NO. V.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Administration
ITEM TYPE: Miscellaneous
AGENDA SECTION: APPROVAL OF MINUTES and APPOINTMENTS
SUBJECT: Appoint Planning Commission Member
SUGGESTED ACTION:
ATTACHMENTS:
Planning Commission Application.pdf
12
13
14
AGENDA ITEM NO.
VII.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Engineering
ITEM TYPE: Engineering
AGENDA SECTION: ENGINEERING
SUBJECT: Pearl Creek & Forest Street Sanitary Sewer Improvements
Update - Derek Olinger, City Engineer
1. Approve Continued design and completion work.
SUGGESTED ACTION: The City Engineer will provide an update on Pearl Creek & Forest
Street Sanitary Sewer Improvement project. The two sewer lining
projects are listed on the infrastructure management plan for 2023.
They are located on Forest Street (9th St to 3rd St) and 2nd Street to
the wastewater plant. To date design work has involved cleaning
and televising the affected lines and survey work of the areas
impacted by the project.
The City engineer is requesting Council approval to complete the
remainder of preliminary design, alternatives analysis, data collection
and survey work. This work will be used to complete final design,
scope and budget for the project. Total fees for this engineering work
are estimated to be $48,300 and the work should be completed by
July 2022. See attachments below for more information.
MOTION NEEDED
ATTACHMENTS:
01.1_Pearl Cr-Forest St San Sewer Improvements_v2.pdf
01.2_Televising RFP Figures.pdf
01.3_Proposal_2-4-22_v2.pdf
15
Pearl Creek & Forest Street Sanitary Sewer Improvements
In January, council authorized us to move forward with various preliminary activities for this project.
Updates from this work are summarized below.
Televising RFP
The request for sanitary televising proposals was sent out this week and will be available for review at the
next council meeting. Due to the access challenges associated with this line, the City may only receive
one proposal for the work. Proposals will be available for review next month. Figures from the RFP
packet are attached.
Title Work
Title work has been received for the parcels containing the Pearl Creek sanitary main. There are no
existing easements associated with the Pearl Creek main. Information from the property legal descriptions
is also useful in building the survey scope appropriately.
Early Scoping
After pulling record plans for the original Pearl Creek line and reviewing the project area in additional
detail, we have identified the key components of the preliminary design which will require analysis prior
to moving forward with final design.
Along with continued coordination with public work to restore equipment access to main, we will also be
verifying sewer depths in wooded areas and channel crossings. Some of the stream crossings may be
shallower than standards allow. For this reason, part of the preliminary design process will include
evaluating other options for rerouting the sanitary sewer through this area.
Evaluating these options and completing this preliminary work will allow the City to better understand
costs and verify that the proposed scope is addressing the primary goal of the project: reducing inflow and
infiltration within the Pearl Creek line.
Proposal
The attached proposal includes services to complete the remainder of preliminary design, alternatives
analysis, data collection and survey work. Following completion of this work, we expect to have enough
information to recommend a final design scope and budget for the project moving forward. Total fees are
estimated at approximately $48,300 and a report would be available for review mid-summer.
Requested Action:
Approve proposal for continued preliminary design and survey work.
H:\KENYON_CI_MN\_General\Council Meetings\2022\2 - February 2022\01.1_Pearl Cr-Forest St San Sewer Improvements_v2.docx
16
Sanitary System Pearl Creek Main
City of Kenyon, MN February 2022
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Map Document: \\arcserver1\GIS\KENYON_CI_MN\_Basemap\ESRI\Pro\2022\Kenyon_SanitarySewer\Kenyon_SanitarySewer.aprx | Username: Kendell.Hillis | Date Saved: 2/1/2022 2:38 PM
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526 517 711
8"
515
522 521
400 517
8" !
5 FR-110 530 523
530 529
521
532 529
523 534
533 !
5 !
5 CENTENNIAL DR
8"
!
5 !
5 529 529 529 540
8" 301' 538
535
529 529
529 539 624
8" 529 529
8" 529529
529
529
529 544 543
544
529529 529 616
543
8" 8" 8" 8"
8" !
5 5 6TH ST
! !
5 !
5 !
5
!
5 FR-120
8" 8" 549
600 603
SPRING ST
603 603 615 602
Map Document: \\arcserver1\GIS\KENYON_CI_MN\_Basemap\ESRI\Pro\2022\Kenyon_SanitarySewer\Kenyon_SanitarySewer.aprx | Username: Kendell.Hillis | Date Saved: 2/1/2022 2:38 PM
604 606
324 322 623
603
605
606 607 609 608
608 612 609
607 612 !
5
8" 8" 8" 425'
TRAILER CT
608 609 615
304 610 615
308 609 618
610 622
611 621
612
615
8" 621
!
5 5 8"
! 616 404 613 510
630 627 624 626
614
!
5
6" 6" 8"
!
5 !
5 !
5 629
701 !
5 7TH ST
WASHINGTON ST
8" FR-130
705 702
702 703 703
326
706
!
5 603 607 611 615 621 625
706 707 629 705
8"
706 707 8"
713 !
5
710 713 8" 394'
717 710 713
714 719 530
!
5 717 608 612 616 622 626 626 8" 711
714 404
714
!
5
514
FR-140
725 8"
8TH ST !
5 !
5 8"
!
5 !
5
305' 8S-010
8" Work Notes !
5
300
51. All lines highlighted yellow on map to be televised.
! 4" 209' 601 605 611 615 627 804
2. City will clean line immediately prior to televising.
Mapping may be inaccurate - only
8"
3. Coordinate with City staff as needed. televise if diameter allows. If so,
Contact - Wayne Ehrich 507-273-1953 locate line to extent possible 8"
8"
I
! FORE ST S
Legend 602 602 820
Sanitary Pipe (By Material) Sanitary Forcemain T
8" 8" 8"
!
5 !
5 !
5 5 9TH ST
! !
5
PVC
!
5 Sanitary Manhole
8"
701 8"
SOUTHVIEW ESTATES 901
VCP
Ú
[ Sanitary Lift Station
603 603 627 902 8"
CIP
Parcels
CIPP Lined
City Limits
!
5
Unknown 8"
!
5
0 200 930
Feet
8"
Source: City of Kenyon, Goodhue County
18
February 4th, 2022
Mr. Mark Vahlsing
City Administrator
City of Kenyon
RE: Pearl Creek and Forest Street Sanitary Improvements
Proposal for Preliminary Design & Survey Services
Mr. Vahlsing:
This proposal includes continued engineering and surveying services related to preliminary planning and
design for the above noted project.
1. Preliminary Activity Scope
A. Alternatives Analysis & Preliminary Design
The preliminary design work will consist of a closer review of the project area to better
understand elements of the project prior to moving forward with final design. The preliminary
design also includes a high level evaluation of an alternative sewer routing option, for use in
comparison with the original sewer lining scope.
Preliminary design services will include the following basic tasks:
• Develop original sewer lining scope
o For use in better understanding costs
o Includes evaluating both Pearl Creek and Forest Street Lines
• Develop alternative sewer routing option
o For comparison with lining project option
• Cost Estimates & Figures
• Soil Borings/Geotechnical Review (by sub-consultant)
o If sewer lining option is favorable, information used for liner design
o If secondary routing option favorable, information used for understanding soil
and rock profile, increasing accuracy of cost estimates
• Review of Sanitary Televising
o Evaluate condition of existing pipe and suitability for lining
o Locating mains and any service connections
• Prepare & Present Preliminary Design Report
The final report will include recommendations regarding the project scope, for council
consideration.
B. Topographic and Boundary Survey
Bolton and Menk will mobilize our survey crew to the site to complete topographic survey and
sanitary structure inventory within the Pearl Creek project area. No topographic survey will be
completed within Forest Street; in this area, only structure inventories are needed. Information
19
Pearl Creek/Forest Street Sanitary Improvements Feb. 4, 2022
Proposal for Preliminary Design & Survey Services Page 2
from this data will be needed for evaluation of the preliminary design work noted above and
would eventually be required for final design.
Boundary survey would include establishing property lines within the area containing the Pearl
Creek line. Information from this work will be required for establishing utility and access
easements for the main later.
2. Fees
A summary of the fees associated with the scope is provided below
Item Cost
Project Management $ 2,475
Sanitary Cleaning & Televising RFP $ 25,045
Survey (Title Search & Review) $ 20,780
Total $ 48,300
The fees noted above are estimated, based on the scope noted above. A breakdown of these fees is
attached. Costs will be billed on an hourly basis and any substantial changes from the total fees
provided will be discussed with the city. The terms of the work performed under this proposal would
be in accordance with the existing Agreement for Professional Services between the City of Kenyon
and Bolton & Menk.
3. Schedule
The following provides a tentative project schedule, based on 2023 Construction.
• Preliminary Data Collection Feb 2022
• Topographic & Boundary Survey Mar-Apr 2022
• Preliminary Design/Alternatives Analysis Mar-July 2022
• Feasibility Report (Assessment) July 2022
• Public Improvement Hearing/Order Project Aug 2022
• Final Design Sep-Dec 2022
• Approve Plans/Bidding Jan-Feb 2023
• Construction Summer 2023
We value our relationship with the City of Kenyon as your City Engineer and appreciate the opportunity
to assist the City with this project. If there are any questions related to this proposal, please contact us.
Sincerely,
Bolton & Menk, Inc.
Derek P. Olinger, P.E.
Project Manager
Attachments: Engineering Fee Breakdown
Figures (Included in Agenda Packet)
20
Engineering Fee Breakdown
2/3/2022
Project: Pearl Creek & Forest Street Sanitary Sewer Improvements
Design Engr
Principal Survey Cr
City Engr
Eng Chief Total Reimb
Proj Survey AA Total Labor Total
Hr Expense
Engr/Srvy Tech
1.2 Project Management 15.0 15.0 $ 2,475.00 $ - $ 2,475.00
2.4 Alternatives Analysis, Prelim Design 7.5 65.0 40.0 112.5 $ 17,042.50 $ 8,000.00 $ 25,042.50
3.1 Survey (Topo & Boundary) 2.0 8.0 20.0 72.0 30.0 132.0 $ 19,740.00 $ 1,040.00 $ 20,780.00
Subtotal Hours 24.5 8.0 85.0 40.0 72.0 30.0 259.5 $ 39,257.50 $ 9,040.00 $ 48,297.50
*Reimbursible Expense Breakdown (Included in Totals Above)
Geotechnical/Soil Borings $ 8,000.00
Remainder of Title Work $ 1,040.00
21
AGENDA ITEM NO.
VII.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Engineering
ITEM TYPE: Engineering
AGENDA SECTION: ENGINEERING
SUBJECT: North Street Drainage Improvements
1. Authorization to seek construction proposals
2. Authorization to acquire drainage easements
SUGGESTED ACTION: At the September 2021 Council budget session, the ravine area
directly near North Street was discussed by Public Works Director
Ehrich. Over time the hillside in the area has eroded away. The
storm sewer line is in need of replacement and has caused sinkholes
in the surrounding area. The engineers estimated project cost is
$75,000, including construction and design work. This project was
included in the 2022 budget.
The city engineer has completed an RFP for collecting quotes from
contractors. It has an alternate that can be utilized if quotes come in
higher than expected. Attached below are the engineer's summary and
portions of the RFP. The City Engineer is requesting 1) Council
authorization to seek Construction Proposals, and 2) Authorization to
acquire of drainage easements.
MOTIONS NEEDED
ATTACHMENTS:
02.1_North Street Drainage Improvements.pdf
02.2_North Street Plan Excerpt.pdf
01.2_Televising RFP Figures 8.5x11.pdf
02.2_North Street Plan Excerpt 8.5x11-red.pdf
22
North Street Drainage Improvements
The ravine area directly north of North Street has had issues over the past several years with erosive
action on the hillside washing away slopes. The storm sewer conveying runoff from north street is also
beyond its useful life and holes in the pipe itself is causing sinkholes in the overlying green space.
More recently, we also discovered a small segment of sanitary sewer main in a nearby ravine that is at
risk of damage from an adjacent washout. To mitigate the issues noted above, the north street drainage
improvements was included in the 2022 storm sewer repair budget. The total project cost was estimated at
$75,000, including construction and design work.
At the request of public works, we have completed a simple plan and proposal packet for use by the city
in collecting pricing from contractors. The request for proposals was prepared with alternate work
options, which will allow the City to award only part of the planned construction in case pricing comes in
higher than expected.
An excerpt from the plans is included in the council packet. If found acceptable by the Council, we would
be requesting approval to collect proposals from area contractors. If approved, proposals would be
available for review by April.
Other Considerations
The existing storm sewer conveying runoff from North Street is located on private property and no
easement exists. If the council would like move forward with the project, we would recommend that a
formal drainage easement be acquired and recorded. Easements are not required, but are good practice.
Requested Action:
- Motion approving collection of construction proposals
- Motion approving City Engineer and Attorney to work with staff on acquiring drainage easement
H:\KENYON_CI_MN\_General\Council Meetings\2022\2 - February 2022\02.1_North Street Drainage Improvements.docx
23
CITY OF KENYON, MINNESOTA
CONSTRUCTION PLANS FOR
Partial Plan
NORTH STREET DRAINAGE OUTFALL IMPROVEMENTS
GRADING, STORM SEWER
RESOURCE LIST Northern Natural Gas JANUARY 2022
Kay Klemmer
CITY OF KENYON 507-456-1137
City Hall TELEPHONE
709 Second Street Frontier Communications
Kenyon, MN 55946 Richard Schrantz (Mi-Tech)
Phone: 507-789-6415 612-368-9068
City Administrator: CenturyLink
Mark Vahlsing David Haedtke
769-786-0750
Mayor: Doug Henke
Jaguar Communications
BRO RIVER SHEET
SHEET TITLE
City Council Members: Michael S. Broadwater
FOR K ZUM NUMBER
ORTH
Tom Gard 507-214-0236
Molly Ryan
CABLE N GENERAL
Mary Bailey
Mediacom 1 TITLE SHEET
PROJECT LOCATION
Dan Rechtzigel
Paul Cousineau
507-456-1745
PROJECT LOCATION
City Engineer:
Derek Olinger, P.E.
Bolton & Menk, Inc.
2900 43rd St NW, Suite 100
(BASE WORK: NORTH ST) CIVIL
Rochester, MN 55901
507-525-2685
(ALTERNATE WORK: TH 60) 2 DETAILS
derek.olinger@bolton-menk.com 3 EROSION CONTROL PLAN
4 STORM SEWER PLAN AND PROFILE
IVER
Utility Superintendent (Electric &
BRO R
Water):
5 ALTERNATE WORK: TH 60 DRAINAGE
K ZUM
Randy Eggert
H FOR
507-838-6023
IMPROVEMENTS
NORT
utility@cityofkenyon.com
Public Works Director (Street &
ARK THIS PLAN SET CONTAINS 5 SHEETS.
Sewer):
SIDE P
Wayne Ehrich
507-273-1953
R I V E R
publicworks@cityofkenyon.com
UTILITIES
NORTH STREET
GAS
RED WING AVENUE/TH 60/TH 56
Minnesota Energy Resources
Tom Livingston
507-529-5129
MAP OF THE
FRONT STREET CITY OF KENYON
GOODHUE COUNTY, MN
NOTE: EXISTING UTILITY INFORMATION SHOWN ON THIS
PLAN HAS BEEN PROVIDED BY THE UTILITY OWNER. THE
WASHINGTON STREET
CONTRACTOR SHALL FIELD VERIFY EXACT LOCATIONS PRIOR
TO COMMENCING CONSTRUCTION AS REQUIRED BY STATE
LAW. NOTIFY GOPHER STATE ONE CALL, 1-800-252-1166 OR
651-454-0002.
1ST STREET
R
MAP LEGEND TH 60 CSAH 12
0 200 400
BULLIS STREET SPRING STREET
FOREST STREET
SCALE FEET
c Bolton & Menk, Inc. 2022, All Rights Reserved
PROJECT AREA
SECONDARY ACCESS ROAD/TRAIL
TH
56
3RD STREET
RECORD DRAWING
H:\KENYON_CI_MN\0H1124760\CAD\C3D\124760_G001.dwg 1/17/2022 4:58:37 PM
PROJECT DATUM: INFORMATION
HORIZONTAL: OBSERVER:
2011 Goodhue County Coordinate System CONTRACTOR:
VERTICAL:
DATE:
NAVD 1988 in Feet
CITY OF KENYON, MINNESOTA
DESIGNED NO. ISSUED FOR DATE
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED
LCW SHEET
BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED 2900 43RD STREET NW, SUITE 100
PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. DRAWN
ROCHESTER, MINNESOTA 55901
DEREK P. OLINGER, P.E.
Phone: (507) 208-4332
Email: Rochester@bolton-menk.com
CHECKED
LCW
DPO
NORTH STREET DRAINAGE OUTFALL
1
54287 1/14/22
R
www.bolton-menk.com CLIENT PROJ. NO. TITLE SHEET
LIC. NO. DATE OH1.124760 24
>
>
OU
SNOWMOBILE TRAIL
R
>
OU
>
NORTH FORK ZUMBRO RIVER
OU APPROX
OU
OU
OU CONST
OU LIMITS >
OU
.00 OU
1+0
0
PI: 1
BP:
>>
>
OU
+12
>>1+00 . 93 PROTECT EXISTING REMOVE EXISTING
STORM SEWER 4+00
>> CURB & GUTTER
(103 LF)
>
OU
/////
A-S DIAPHRAGM
>>>
/////
> A-S DIAPHRAGM >>
/////
/////
>>/ / / / / / / / / / / MH-3 >>
/////
STA:2+65.00
EX MH-1 >>
>>/ / / / / / / / / / / /
/
>> STA:2+21.34 3+00 >>
>>
///// >
/////
>>/ / / / / / / / / / /
>>
/////
OU
>> 15" RCP >>
///// 76.34 >> APRON - 4
>>
/////
>>/ / / / / / / / / / /
/////
>> >>
/////
/////
>>/ / / / / / / / / / / / 15" RCP >> >> >>
PI: 1+
/////
CONNECT TO EXISTING >> >>
/////
>> >>
1080
/////
>>/ / / / / / / / / / /
/////
>>
>
>>/ 1085
OU
>> 2+00
/////
STORM SEWER
>> >> 1090
>> 1095
110 >
ST 5 0
110
OU
MH - 2
11
TH 11 20
11
15
10 S
2 5 11
NOR OU
11
30 > LEGEND
>
OU
952 EXISTING CONTOUR MINOR (1')
CLEAR AND GRUB TREES & BRUSH TO >
ACCOMMODATE STORM SEWER PIPE 950 EXISTING CONTOUR MAJOR (5')
> PROPOSED GRADING LIMITS
OU
> >> >> >> PROPOSED STORM SEWER PIPE/CULVERT
> STORM SEWER FLARED END / APRON
////////////////////////////////////////////////////
REMOVE PIPE
>
> >> >> >> A-S DIAPHRAGM
1150 > 1150
NOTES
1145 EX MH-1 1145
1+12.9-0.0' MH - 2 1. CONTRACTOR SHALL USE EXCESS CLAY SOIL FROM TRENCH TO FILL IN ADJACENT
1140 R=1131.92
I=1129.92 12" S
1+76.3-0.0' 1140
WASHOUTS NEAR NEW PIPE (GRADED FLOW LINES SHALL BE LOCATED A MIN 10' FROM
DESIGN 48-4020 NEW PIPE)
I=1129.82 12" N
R=1130.01 2. MAINTAIN 18" MINIMUM VERTICAL SEPARATION BETWEEN SEWER AT CROSSING
1135 I=1123.73 15" S 1135
63' I=1118.95 15" NW
15" CAS STM
1130 @ 9.60% 1130
1125 1125
1120 1120
1115 1115
MH-3
13 3+10.0-0.0'
1110 15" CA 4' DESIGN 48-4020 1110
S
@ 20.3 STM R=1098.93
0%
1105 I=1091.82 15" SE
I=1091.62 15" NW TRAIL 1105
1100 GRADE 10' FLAT OUTFALL AREA FOR 1100
RIPRAP (SEE DETAIL ON SHEET 2)
1095 1095
1090 1090
c Bolton & Menk, Inc. 2022, All Rights Reserved
A-S DIAPHRAGM 35'
1085 15" CAS STM 1085
@ 5.50%
1080 PROTECT VCP SAN SEWER PIPE 1080
(VERIFY LOCATION AND DEPTH 15" CAS APRON
1075 DURING CONSTRUCTION) I = 1089.67 1075
1070 1070
H:\KENYON_CI_MN\0H1124760\CAD\C3D\124760_C501.dwg 1/17/2022 5:06:08 PM
1065 1132.3 1132.5 1131.9 1130.2 1123.0 1114.4 1109.0 1105.0 1100.5 1095.6 1090.2 1079.6
1065
1060 1132.30 1132.52 1131.92 1130.15 1122.97 1114.40 1109.01 1104.98 1100.54 1095.59 1090.15 1079.56 1060
1+00 1+50 2+00 2+50 3+00 3+50 4+00
CITY OF KENYON, MINNESOTA
DESIGNED NO. ISSUED FOR DATE
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED
LCW SHEET
BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED 2900 43RD STREET NW, SUITE 100
0 10 20 PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
ROCHESTER, MINNESOTA 55901 DRAWN
HORZ.& VERT.
SCALE FEET
Phone: (507) 208-4332
Email: Rochester@bolton-menk.com
CHECKED
LCW
DPO
NORTH STREET DRAINAGE OUTFALL IMPROVEMENTS
4
DEREK P. OLINGER, P.E.
54287 1/14/22
R
www.bolton-menk.com CLIENT PROJ. NO. STORM SEWER PLAN AND PROFILE
LIC. NO. DATE OH1.124760 25
>
PROJECT ALTERNATE: FILL DITCH & PLACE CULVERT GRADING/CULVERT PLAN & PROFILE
>
> NO
RTH
F
> ORK
> R
ZUM
10" E
EXIST > RIV
>
BRO
> FILL EXISTING WASHOUT
EROSION & TURF PLAN ~22 CY NEW CLAY FILL (CV)
AN
R
~8 CY EXIST FILL (EV)
>
VCP S >
>
> -(EXCAV & RECOMPACT)
109
>
8.68 >
CLEAR AND GRUB TREES & BRUSH TO
> .37
ACCOMMODATE CULVERT & GRADING
R
>
109
>
6
> >
>
APRON 1 >
17 TON RIPRAP CL III
>
1 >> 1+00
5.8 >> 15" CAS
> >
9
10 >>
>
>> APRON 2
>
> 4.92
A-S DIAPHRAM 10
EP: 1+7
> >
STA 0+95 86.7
1080
>
> 7
> >
7.08
> > 1
>
109
>> 10
>
1+00
1110 95 ABANDONED SEWER PIPE
>>
> >
.74
>>
> >
>>
>
EP: 1+
ILE T
>
74.92
MOB
1105
> >
SNOW
>
> 108
> 5
1100 109
> > 1
> 0
> RAIL 5
109
>
> >
17 TON RIPRAP CL III >
1120 1120
>
>
>
> 1115 1115
1110 APRON 1 1110
>
3+30.7-267.0' R
TRAIL
>
R=1097.32
> 1105 I=1095.80 15" N 1105
FINAL GRADE APRON 2
>
1100 3+72.3-278.5' R 1100
R=1087.82
1095 I=1086.30 15" S 1095
EXIST GRADE
EROSION/TURF LEGEND 1090 1090
A-S DIAPHRAM
1085 STA 0+95 1085
GRADING LIMITS
PROTECT EX VCP SAN SEWER EXIST DITCH
TOPSOIL BERM PERIMETER CONTROL 1080 (VERIFY LOC'N AND DEPTH PRIOR FLOW LINE 1080
SEDIMENT CONTROL LOG (TYPE WOOD CHIP OR COMPOST) TO PLACING CULVERT & FILL)
INLET PROTECTION 1075 1094.9 1088.2
1075
1102.4 1097.9 1097.19 1089.51 1083.6
EROSION CONTROL BLANKETS, SEEDING AND FERTILIZING 1070 1070
0+50 1+00 1+50 1+75
RIPRAP CL III
NOTES NOTES (GRADING & CULVERT PLAN & PROFILE) LEGEND (GRADING AND CULVERT PLAN & PROFILE)
1. SEE SHEET 3 FOR EROSION, SEDIMENTATION AND TURF ESTABLISHMENT 1. CONTRACTOR SHALL SCARIFY EXISTING DITCH SURFACE A VARIABLE
REQUIREMENTS DEPTH OF 6"-12" PRIOR TO PLACING NEW FILL. VARIABLE DEPTH 952 CONTOUR MINOR (1')
SCARIFICATION INTENDED TO KEY NEW FILL INTO DITCH. 950 CONTOUR MAJOR (5')
2. DITCH CONTAINS 10- 15 CY OF PARTIALLY UNCOMPACTED FILL SOIL OVER PROPOSED GRADING LIMITS
EXISTING SANITARY SEWER. CONTRACTOR SHALL REMOVE, SALVAGE,
GRADE BREAK
c Bolton & Menk, Inc. 2022, All Rights Reserved
AND RECOMPACT THIS FILL. THIS QUANTITY IS ACCOUNTED FOR IN
PRICING SCHEDULE. >> >> >> PROPOSED STORM SEWER PIPE/CULVERT
3. EXPOSE AND VERIFY LOCATION OF EXISTING SEWER PRIOR TO ANY
OVERLYING WORK. USE CAUTION WHEN COMPACTING SOILS WITHIN 3' STORM SEWER FLARED END / APRON
OF EXISTING SEWER PIPE. ////////////////////////////////////////////////////
REMOVE PIPE
4. FILL SOILS SHALL BE COMPACTED IN 12" MAXIMUM LIFTS AND SHALL BE
COMPACTED WITH MECHANICAL SHEEPS FOOT COMPACTION >> >> >> A-S DIAPHRAGM
EQUIPMENT. BUCKET PACKING ALONE WILL BE CONSIDERED
INADAQUATE COMPACTION EFFORT.
H:\KENYON_CI_MN\0H1124760\CAD\C3D\124760_C501.dwg 1/17/2022 4:59:30 PM
CITY OF KENYON, MINNESOTA
DESIGNED NO. ISSUED FOR DATE
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED
LCW SHEET
BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED 2900 43RD STREET NW, SUITE 100
0 10 20 PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
ROCHESTER, MINNESOTA 55901 DRAWN
HORZ.& VERT.
SCALE FEET
Phone: (507) 208-4332
Email: Rochester@bolton-menk.com
CHECKED
LCW
DPO
NORTH STREET DRAINAGE OUTFALL IMPROVEMENTS
5
DEREK P. OLINGER, P.E.
54287 1/14/22
R
www.bolton-menk.com CLIENT PROJ. NO. ALTERNATE WORK: TH 60 DRAINAGE OUTFALL IMPROVEMENTS
LIC. NO. DATE OH1.124760 26
27
28
29
30
31
AGENDA ITEM NO.
VIII.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Legal
ITEM TYPE: New Business
AGENDA SECTION: LEGAL
SUBJECT: Ag Lease for City owned land
SUGGESTED ACTION: Recently an approximately 85-acre area owned by Festal Farms was
sold by Auction. The land was purchased by Dick Nystuen. After
reviewing the ad for the land auction staff realized that a 2.25-acre
area of City owned had been farmed by Festal Foods. This area was
contiguous to the 85-acre (but it was not part of the auction). The
parcel is located directly east of the Wastewater plant overflow
lagoon. The small parcel had been farmed by Festal Farms as part of
the larger area for many years.
In order to address the contiguous farming staff would recommend an
ag lease between the city and the owner of the contiguous larger
parcel. A copy of the proposed lease is attached. This is the same
format and rental price used for City other ag leases. Dick Nystuen
would agree to the lease and rental price. Also attached below are
maps of the area.
ATTACHMENTS:
KenyonAgricultural Lease 2022-2024.doc
Aerial map of 2.25 acre area DOC020222-02022022150207.pdf
Area map showing 2.25-acre parcel DOC020422-02042022115708.pdf
32
City of Kenyon
Agriculture Land Lease
2022-2024
City of Kenyon
709 2nd Street
Kenyon, MN 55946
547435v4 BDL KE200-47
33
AGRICULTURE LAND LEASE AGREEMENT
THIS AGREEMENT, made this 11th day of February, 2022, by and between the City of
Kenyon, a Municipal Corporation, (“City”) and _________________, (“Tenant”) of
_________________________, Kenyon, MN 55946, is for the purpose of illustrating the rights and
responsibilities of the parties to this Agreement. The parties to this Agreement do agree as follows:
1. Lease of Agricultural Property. In consideration of the rents and promises hereinafter
described, the City hereby leases to Tenant 2.25 acres, more or less, of tillable agricultural fields
located in the County of Goodhue and State of Minnesota, and described as set forth on Exhibit A,
attached hereto and incorporated herein (hereinafter referred to as the “property”).
2. Term. The term of this lease is for two farming years commencing on the 1st day of
January, 2022, and terminating on the last day of December, 2024.
3. Holding Over. If Tenant remains in possession of the Premises after the expiration of the
term, such holding over will only create a month to month tenancy, which may be terminated by
either party at the end of any calendar month, upon thirty (30) days advance written notice. In the
event of such holding over, Tenant shall perform all of the terms and conditions of this lease, except
the rent and other charges which are paid annually to City shall be prorated on a monthly basis and
paid in advance.
4. Rent. a. Rent shall be calculated on the basis of $170 per acre or portion thereof for the
cropping year of 2022, and $180 per acre or portion thereof for the cropping year of 2023, and $180
Rent payments are due annually by the 27th day of April, beginning on April 27. 2022.
b. The Tenant waives any right to withhold rent in any claim against the City.
c. Rent shall be paid to the City of Kenyon, 709 2nd Street, Kenyon, MN 55946 and credited to
the appropriate accounts.
5. Taxes. The City shall pay any ad valorem taxes on the property.
6. Sublease; Assignment. The Tenant cannot mortgage, encumber, assign as security,
transfer, assign, or sublet their interest in this agreement, in whole or in part, without receiving prior
written consent from the City. Violation of this provision shall constitute default by Tenant and
shall be grounds for termination of this Agreement.
7. Maintenance of leased property. Tenant, at Tenant’s own cost and expense shall keep and
maintain the property in good order. Tenant shall not permit any waste or nuisance on the leased
property. In the event the property is not properly maintained, the City may, after notifying the
tenant, cause the property to be maintained. The costs of maintenance and an administrative fee
will be billed to the tenant and become Tenant’s responsibility.
8. Hazardous Materials. Tenant shall not store hazardous materials on the leased premises
except such materials normal to and reasonably necessary for agricultural production and such
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maintenance operations reasonably conducted on the premises. All hazardous materials shall be
stored, handled, and disposed of properly in accordance with all local, state and federal rules and
regulations, and any spill or discharge shall be immediately reported to the City. Improper storage,
use, handling, or disposal of hazardous materials shall be grounds for termination of this lease
agreement.
9. Costs associated with this Lease. The City is not responsible for paying any of the
Tenant’s costs associated with this lease, including preparation of the property for farming, brush or
tree removal, rock removal, etc. The Tenant shall pay all costs related to farming the property,
including preparation of the property for farming, brush or tree removal, rock removal, etc. and the
cost of plowing property back at the end of this lease.
10. City Responsibilities. The City shall be responsible for the following:
a. The City shall peaceably allow the tenant to occupy the land for normal, customary farming
and agricultural practices.
11. Tenant Responsibilities. Tenant shall be responsible for the following:
a. The Tenant shall occupy the premises for agricultural purposes only. The Tenant will use
normal, customary farming practices in the care and maintenance of the property and, without
limiting said customary practices, keep the premises free of noxious weeds.
b. The Tenant shall comply with all statutes, ordinances, rules, orders, regulations, and
requirements of the federal, state, county, and municipal governments regulating the use of the
property.
d. The Tenant shall allow access to the property by the City and its agents during all reasonable
hours for the purpose of examining the property to ascertain compliance with the terms and
conditions of this lease and for any other lawful purpose including, but not limited to, exhibiting the
property for sale.
e. The Tenant shall not remove or move any existing structures or improvements made to the
property by the City. The Tenant may not store equipment on the property for periods exceeding
one week without coordinating such storage with the City.
f. The Tenant shall pile rocks or other items, including but not limited to brush and trees, taken
out of any field in areas designated by the City. The Tenant shall pay all costs related to brush or
tree removal, rock removal, etc., including transportation to a disposal site.
g. Tenant shall not permit or authorize use of the property by any party for recreational
purposes (e.g., hunting, ATV riding, etc.)
h. Tenant shall provide, upon request by City, accurate documentation of all
herbicides and pesticides used on the property. City reserves the right to prohibit the placement of
any herbicides and/or pesticides on the land.
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i. Tenant agrees to leave the land chisel plowed or receive advance approval from the City
to leave it in any other condition prior to the termination of this lease.
j. Tenant agrees to cultivate the premises in a careful manner, and to maintain and keep
up the fences so as to protect all crops from injury and waste, and to protect any fruit or shade trees
thereon, and to commit no waste or damage on the premises and to suffer none to be done by any
other parties.
12. Liability; Indemnification. Notwithstanding anything to the contrary in this Agreement,
the City, its officers, agents, and employees shall not be liable or responsible in any manner to the
Tenant, Tenant's successors or assigns, the Tenant's contractor or subcontractors, material suppliers,
laborers, or to any other person or persons for any claim, demand, damage, or cause of action of any
kind or character arising out of or by reason of the execution of this Agreement or the performance
of this Agreement, nor will the Tenant make any claim against the City for or on account of any
injury, loss or damage resulting from the Tenant’s property or use thereof. The Tenant, and the
Tenant's successors or assigns, agree to protect, defend and save the City, and its officers, agents,
and employees, harmless from all such claims, demands, damages, and causes of action and the
costs, disbursements, and expenses of defending the same, including but not limited to, attorneys
fees, consulting services, and other technical, administrative or professional assistance. Nothing in
this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to
which the City is entitled under Minnesota Statutes, Chapter 466 or otherwise.
13. Insurance. The Tenant shall acquire and maintain property and/or liability insurance in at
least the sum of $500,000, per occurrence, for bodily injury and property damage coverage. The
Tenant’s policy shall include the City as a named additional insured, shall be in a form acceptable to
the City and shall provide insurance with respect to Tenant’s full indemnification and defense
responsibilities contained in this lease. Said insurance policy shall not be cancelable, reduced or
materially changed unless prior written notice shall have been given to the City in accordance with
applicable Minnesota statutes. The Tenant shall provide proof of insurance upon request by the
City.
14. Default. Any of the following shall constitute a default under this lease:
a. Tenant fails to pay money owed to City under this lease when due, and such failure
continues for ten (10) days after written notice from City to Tenant.
b. Tenant uses the premises for any purpose not expressly authorized by this lease and such
default continues for ten (10) days following written notice from City to Tenant.
c. Tenant fails to allow an inspection in accordance with the terms and conditions of this lease
and such default continues for ten (10) days following written notice from City to Tenant.
d. Tenant assigns, subleases or transfers this Lease except as otherwise permitted, and such
default continues for ten (10) days following written notice from City to Tenant.
e. Tenant fails to carry the insurance required under this lease; any insurance required under
this lease is cancelled, terminated, expires or is reduced or materially changed so as to not comply
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with this lease, or City receives notice of any such conditions, and such failure continues for a
period of ten (10) days following written notice from City to Tenant.
f. Tenant vacates or abandons the premises, and such default continues for ten (10) days
following written notice from City to Tenant.
g. Tenant fails to discharge, by payment or bond, any lien or encumbrance placed upon the
premises in violation of this lease within thirty (30) days following written notice from City to
Tenant that any such lien or encumbrance is filed against the premises and/or improvements.
h. Tenant (i) makes a general assignment for the benefit of creditors; (ii) commences any case,
proceeding or other action seeking to have an order for relief entered or to adjudicate tenant
bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution
or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other
similar official for it or for all or any substantial part of its property; or (iii) involuntarily becomes
the subject of any proceeding for relief which is not dismissed within sixty (60) days of its filing or
entry.
i. Tenant fails to comply with any other term or condition of this lease and such default
continues for more than thirty (30) days after written notice from City to Tenant, or for a longer
period of time as may be reasonably necessary to cure the default, but only if: (i) Tenant is
reasonably capable of curing the default, and (ii) is working diligently as determined by City to cure
the default.
15. City Remedies. If a default occurs, City, at its option and in its sole discretion, may at any
time thereafter do one or more of the following to the extent permitted by applicable law:
a. City may, without releasing tenant from its obligations under the lease, attempt to cure the
default. City may enter the premises for such purpose and take such action as it deems desirable or
appropriate to cure the default. If default occurs during cropping season, the City of Kenyon may
harvest any and all remaining crops and apply proceeds to rent payment. This entry is not an
eviction of Tenant or a termination of this lease
b. With legal process, but without further notice to Tenant, re-enter the premises or any part
thereof and take possession of it fully and absolutely, without such re-entry working a forfeiture of
the money to be paid and the terms and conditions to be performed by Tenant for the full term of
this lease. City’s re-entry of the premises is not a termination of this lease. In the event of such re-
entry, City may proceed for the collection of money to be paid under this lease or for properly
measured damages.
c. Terminate this lease upon written notice to Tenant and re-enter the premises as of its former
estate, and tenant covenants in the case of such termination to indemnify City against all loss of
rents and expenses during the remainder of the term.
d. Exercise all other rights and remedies including injunctive relief, ejectment or summary
proceedings such as an eviction action and any other lawful remedies, actions or proceedings.
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In the event of any default and for any type of remedy chosen by City, Tenant shall reimburse City
for all reasonable fees and costs incurred by City, including reasonable attorneys’ fees, relating to
such default and/or the enforcement of City’s rights hereunder, and costs incurred attempting to cure
a default. Any and all legal remedies, actions and proceedings shall be cumulative.
16. Cumulative Default. Notwithstanding the notice and cure periods set forth above, and
subject to the inspection procedures or rights set forth herein, City shall only be required to provide
Tenant with notice and opportunity to cure two (2) cumulative defaults in any calendar year. Only
for purposes of this paragraph, cumulative default means: (i) Tenant’s failure to pay money due
under this lease; (ii) Tenant’s failure to comply with the use of premises section of this lease; and
(iii) any violation of the terms and conditions of this lease which has the likelihood in City’s
reasonable discretion to cause harm to life or property. In addition, City shall only be required to
provide Tenant with notice and opportunity to cure two (2) defaults of failing to allow an inspection
of the premises in any calendar year. Beginning with the third (3rd) cumulative default or third
(3rd) failure to allow an inspection in any calendar year, City will not be required to provide notice
and opportunity to cure and may immediately take such action as City deems appropriate under this
lease.
17. Termination. The City may, after providing 90 days written notice take possession of the
property for any purpose deemed in the best interest of the City. The City shall allow the Tenant to
remove crops with normal, customary farming practices or return all rents paid for the year and
compensate the Tenant at rates not exceeding the current market rate per acre for any crop planted.
18. Surrender of Possession. The Tenant shall surrender the property to the City in good
condition and repair upon termination of the Lease, whether by lapse of time or otherwise.
19. Discrimination Provision. The Tenant, in the use of the property, shall not discriminate or
permit discrimination against any person or group of persons on the grounds of race, color, or
national origin.
20. Waiver. The waiver by City or tenant of any breach of any term of this Agreement shall not
be deemed a waiver of any prior or subsequent breach of the same term or any other term of this
agreement.
21. Headings. The headings in this Agreement are for convenience in reference and are not
intended to define or limit the scope of any provision of this agreement.
22. Entire Agreement; Amendments. This Agreement represents the entire agreement
between the parties and supersedes any prior agreements regarding the premises. This Agreement
may only be amended or modified if done in writing and executed by all parties to this Agreement.
23. Severability. If any part of this agreement shall be held invalid, it shall not affect the
validity of the remaining parts of this Agreement, provided that such invalidity does not materially
prejudice either party under the remaining parts of this Agreement.
24. Choice of Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising
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out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to
this Agreement waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
25. Public Data. This Agreement, and the information related to it, is subject to the Minnesota
Government Data Practices Act, which presumes that data collected by City is public data unless
classified otherwise by law.
26. Commitments to Federal and State Agencies. Nothing in this Agreement shall be
construed to prevent City from making such commitments as it desires to the Federal Government
or the State of Minnesota in order to qualify for the expenditure of Federal or State funds.
27. Successors. This Agreement shall extend and apply to the legal representatives, successors
and assigns of the parties to this Agreement.
28. Relationship of Parties. Nothing contained in this Agreement shall be deemed to create a
partnership, association or joint venture between City and Tenant, or to create any other relationship
between the parties other than that of landlord and tenant.
29. Consent and Approvals. Whenever in this Agreement the consent or approval of City is
required, such phrase means the formal approval or consent of City through a meeting of the
Kenyon City Council. When the consent or approval of City’s staff is required, such phrase means
the consent or approval from the appropriate employee or agent of City.
30. Compliance with Laws. The Tenant agrees to abide by and conform to all laws, rules, and
regulations, including future amendments, controlling or affecting the use or occupancy of the
property.
31. Lease Agreement is Binding. This Lease Agreement shall be binding upon the parties
hereto and their heirs, successors and assigns.
32. Notification. Notification related to this Agreement shall be sent to the following
addresses:
Tenant: ___________________ Owner: City of Kenyon
___________________ 709 2nd Street
Kenyon, MN 55946 Kenyon, MN 55946
Notice is deemed given (i) two business days after being deposited in the mail, whether or not the
notice is accepted by the named recipient, or (ii) if delivered by any other means, the date such
notice is actually received by the named recipient. Either party may change the party’s address for
notice by providing written notice to the other party.
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[The remainder of this page intentionally blank.]
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IN TESTIMONY WHEREOF, the City and Tenant have set their hands as of the day and year first
above written.
CITY OF KENYON TENANT
By: _________________________ By: ______________________________
Douglas Henke ______________________________
Mayor
Attest:
______________________________
Mark R. Vahlsing
City Administrator
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EXHIBIT A
LEGAL DESCRIPTION
A-1
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AGENDA ITEM NO. X.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Administration
ITEM TYPE: Old Business
AGENDA SECTION: OLD BUSINESS
SUBJECT: Discuss Lease for Fire/EMS Vehicle
SUGGESTED ACTION: The city received notification from Rosenbauer Equipment that the
EMS/Fire rescue vehicle that was originally ordered in 2020 is
nearing completion. The city previously paid $41,397 toward the
$181,739 purchase price when the truck was ordered. The City’s
plan was to finance the remaining balance $137,434 with a lease.
A lease estimate from Kinetic Leasing through the Security State
Bank of Kenyon is attached. There are two proposed 7-year lease
options. The first option would be structured with the first payment
due when the truck is delivered. Under this option the annual
payment would be $21,620 for 7 years at 3.29%. The second option
who have the first payment due on 3/1/23. The annual payment
would be $22,755 for 7 years at 3.79%.
Also attached is other information on the new truck.
MOTION NEEDED
ATTACHMENTS:
EMT Fire Vehicle Lease OptionsDOC020222-02022022130005.pdf
EMT Fire Vehicle Purchase information DOC020222-02022022131514.pdf
EMS/Rescue Vehicle images.pdf
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AGENDA ITEM NO. XI.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Municipal Liquor
ITEM TYPE: Contracts
AGENDA SECTION: NEW BUSINESS
SUBJECT: Kenyon Muni - 2022 Rose Fest Street Dance Band Contract
SUGGESTED ACTION: Approve Contract for the band The Dads to perform at Rose fest
Street dance on August 20, 2022. 9:00 pm - 1:00 am. Terms are the
cost is $2000 (plus50% of ticket sales over 400 persons). This was
the same arrangement as last year. See attached contract below.
MOTION NEEDED
ATTACHMENTS:
Dads Band Agreement DOC020222-02022022150145.pdf
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AGENDA ITEM NO. XI.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Administration
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Discuss and possibly appoint person to City Council.
SUGGESTED ACTION: To date the city has received interest from two persons for the vacant
City Council seat. The Council met with the interested persons at a
work session. preceding the regular meeting. See correspondence
attached below from interested persons.
MOTION MAY BE NEEDED.
ATTACHMENTS:
City Council applicant letters DOC013122-01312022120054.pdf
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AGENDA ITEM NO. XI.C
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Administration
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Renew Lease for City Hall Copier – Toshiba
SUGGESTED ACTION: The current copier lease with Toshiba runs through the end of the
year. The City has the option to replace the copier in the last year of
the lease. We requested updated lease proposals from Toshiba. The
proposed monthly lease costs are as follows:
Current lease (2017) $199.40 35ppm
Proposed renewal: $165.66 35ppm
$175.82 45ppm
The renewed contracts also have lower service cost. .0041
b&w/.0385color per copy compared to .0049 b&w/.051color per
copy
1. Renew Lease for City Hall Copier – Toshiba
Staff would recommend leasing a 45 page per minute copier. This
model would be an upgrade from the current copier at a lower cost.
MOTION NEEDED
ATTACHMENTS:
Toshiba Copier Lease quote DOC020222-02022022150506.pdf
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AGENDA ITEM NO. XI.D
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Police
ITEM TYPE: Contracts
AGENDA SECTION: NEW BUSINESS
SUBJECT: Goodhue County Sheriff’s Department - Communications
Subscriber Agreement – with Kenyon PD
SUGGESTED ACTION: Police Chief Sjoblom will discuss the communications system
agreement with Goodhue County Sheriff's Department covering the
Regional Public Safety 800 mhz. radio system. All the cities in the
County, and Prairie Island are participating in the agreement. The
police and fire departments utilize the 800mhz radio system. The
agreement runs through 2027. The agreement is attached below.
MOTION NEEDED
ATTACHMENTS:
DOC020222-02022022150619.pdf
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AGENDA ITEM NO. XI.E
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Administration
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Appoint Pool Manager 2022 Season
SUGGESTED ACTION: Cheryl Dahl has asked to step down as pool manager. The position
was posted. Brandi Kyllo lives in Kenyon would be interested is
serving as the pool manager this upcoming season. She does have
extensive experience working in and managing pools. She served for
a number of years as the manager of the Wanamingo pool. Cheryl
knows Brandi and feels she would be a good choice. I checked with
the City of Wanamingo and there were no issues that came up.
Cheryl is willing to continue to work at the pool on a limited basis.
She would help Brandi with lifeguard hiring and the start-up of the
pool.
The personnel committee has reviewed having her serve as pool
manager. There were no issues raised to the idea. The appointment
of Brandi Kyllo as pool manager for the 2022 season would require
Council approval.
MOTION NEEDED
ATTACHMENTS:
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AGENDA ITEM NO.
XII.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: February 8, 2022
SUBMITTED BY: Holli Gudknecht, Administration
ITEM TYPE: Miscellaneous
AGENDA SECTION: OTHER BUSINESS
SUBJECT: FYI
SUGGESTED ACTION:
ATTACHMENTS:
2-8-22 FYI.pdf
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