Kenyon/City Hall/Meetings/May 9, 2023/Packet

Packet text, May 9, 2023

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5.9.23 Council Packet and Agenda packet · 270k chars

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AGENDA
CITY COUNCIL REGULAR SESSION
May 9, 2023
7:00 PM
I. CALL TO ORDER AND ROLL CALL

II. CITIZEN COMMENTS

III. ADOPT AGENDA

III.A Adopt Agenda
Summary Report
5-9-23 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 Minutes and Appointments
Summary Report
3-28-23 City Council Special Meeting.doc
4-11-23 Minutes.doc

VI. PRESENTATIONS/PUBLIC HEARINGS
RECOGNITIONS/PROCLAMATIONS

VII. ENGINEERING

VII.A 2023 Street Improvements Summary
1. Resolution 2023-09 Approving plan and authorizing bids

Summary Report
01.1_2023 Street Improvements Summary.pdf
01.3_Street PlanSpec Excerptr.pdf
Resolution 2023-09 Approving PlanSpec Street project-Ordering Bid
Advertisement.docx

VII.B Pearl Creek Sanitary Sewer Improvements

1. Update on Easements for project

2. Resolution 2023-10 Approving plans and authorizing bids

1
Summary Report
02.1_Pearl Creek Sewer Project Update.pdf
02.3_Pearl Cr PlanSpec Excerptr.pdf
Resolution 2023-10 Approving PlanSpec Pearl Creek Sewer-Ordering Bid
Advertisement.docx

VIII. LEGAL

VIII.A Request for City to adjust alley/ROW location - Jeff and Ann Traxler
Summary Report
Traxler Alley request.pdf 5-23.pdf
TRAXLER SAMPLE 2.pdf

VIII.B Request for Reasonable Accommodation – Fence
1. Adopt Reasonable Accommodation Ordinance

Summary Report
DOCSOPEN-#873587-v1-Hopkins Reasonable Accommodation Application.PDF
City Attorney Memo - Reasonable Accommodation.pdf
DOCSOPEN-#873566-v1-Ordinance Reasonable Accommodation Process.DOCX

IX. FINANCIAL

X. OLD BUSINESS

X.A Request for Chickens within City Limits
Summary Report
Example of Chicken Keeping brochure.pdf
Example of Chicken Ordinances.pdf
Examples of application for the keeping of chickens.pdf

X.B Solid Waste Hauler Agreement
Summary Report
Redlined draft Solid Waste License_Agreement.pdf
Draft Solid Waste License Agreement.DOCX

X.C Solid Waste Clean-up day update
Summary Report
Springcleanupdayflyer2.jpg 5-23.jpg

XI. NEW BUSINESS

XI.A Approve Memorial Day Parade for May 31, 2023
Summary Report
Parade permit.pdf

XI.B LMCIT Liability Coverage Waiver
Summary Report
LMC Coverage Waiver Form.pdf

2
XII. F.Y.I. - Department Updates

XII.A FYI
Summary Report
DOC050523-001.pdf

XIII. COUNCIL AND STAFF GENERAL COMMENTS

XIV. ADJOURNMENT

3
AGENDA ITEM NO. III.A

Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT

DATE: May 9, 2023

SUBMITTED BY: Holli Gudknecht, Administration

ITEM TYPE: Agenda

AGENDA SECTION: ADOPT AGENDA

SUBJECT: Adopt Agenda

SUGGESTED ACTION: See May 2023 Agenda attached below,

ATTACHMENTS:
5-9-23 Agenda Council Meeting.docx

4
AGENDA
CITY COUNCIL MEETING
May 9, 2023
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 March 28, 2023
B. City Council Special Meeting Minutes of April 11, 2023
C. Appoint Municipal Swimming Pool Employees

VI. PRESENTATIONS/PUBLIC HEARINGS
RECOGNITIONS/PROCLAMATIONS

VII. ENGINEERING
A. 2023 Street Improvements Summary
1. Resolution 2023-09: Approving plan and authorizing bids
B. Pearl Creek Sanitary Sewer Improvements
1.Update on Easements for project
2. Resolution 2023-10: Approving plans and authorizing bids

VIII. LEGAL
A. Request for City to relocate alley/ROW Jeff and Ann Traxler
B. Request for Reasonable Accommodation – Fence
1. Adopt Reasonable Accommodation Ordinance

IX. FINANCIAL
**A. April 2023 Treasurer’s Report
**B. Payment of Claims

X. OLD BUSINESS
A. Request for Chickens within City Limits
B. Solid Waste Hauler Agreement
C. Solid Waste Clean-up Day Update

XI. NEW BUSINESS
A. Approve Memorial Day Parade for May 31, 2023
B. LMCIT Liability Coverage Waiver

5
XII. OTHER BUSINESS
A. Schedule of Upcoming Meetings
1. KMU Meeting: Tuesday, May 16th @ 4:00 p.m.
2. City Council Meeting: Tuesday, June 13th @ 7 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: May 9, 2023

SUBMITTED BY: Holli Gudknecht, Administration

ITEM TYPE: Minutes

AGENDA SECTION: APPROVAL OF MINUTES and APPOINTMENTS

SUBJECT: Approval of Minutes and Appointments

SUGGESTED ACTION:
City Council Meeting Minutes of March 28, 2023

City Council Special Meeting Minutes of April 11, 2023
Appoint Municipal Swimming Pool Employees
See attached below.
MOTION NEEDED

ATTACHMENTS:
3-28-23 City Council Special Meeting.doc
4-11-23 Minutes.doc

7
Pursuant to due call and notice thereof, a City Council work session was duly held in the City Council
chambers at 5:00 p.m. on the 28th day of March 2023. The meeting was called to order by Council member
Bailey. The following members were present: Lee Sjolander, Mary Bailey, and Kim Helgeson
Via Zoom: Mayor Doug Henke, Molly Ryan,
Also, present: Administrator Mark Vahlsing, KMU Supervisor Randy Eggert, Public Works Director
Wayne Ehrich, Sue Dodds. Via Zoom: Leah Davis Abdo, Diontae Jones Paylocity.

Council member Mary Bailey called the Council work session to order at 5:00 pm

Review Options for Payroll Processing Services – Leah Davis Abdo
Administrator Vahlsing updated the Council on the process of gathering quotes and information on
automated payroll services. The city had received 3 quotes for payroll processing. Staff has been discussing
options for payroll processing for some time. With the finance position opening up it was a good time to
look at options for contracting payroll processing. Utilizing a payroll service would take some of the load
off the new Finance Director. Both Kathy Flikke and Sue Dodds feel that it would be a good idea for the city
use a payroll service. I order to cover the costs the hours that the city pays toward the PD/City
Administrative position could be reduced. The personnel committee has reviewed the concept and was
supportive.

Leah Davis, CPA of Abdo provided a summary of how automated payroll system could work and improve
the overall process. She also discussed the role Abdo could play in assisting the City payroll preparation and
post payroll obligations.

Dionate Davis of Paylocity reviewed automated timecards and the features of Paylocity’s software. He
stated that Paylocity would provide the city with a quote for payroll processing.

Further Discussion and Possible Approval of Payroll Processing Proposal

The Council discussed further options for automated payroll. Administrator Vahlsing stated that he
would contact other cities that use automated payroll software. He would also contact the companies that
had submitted payroll proposals. Discussion would continue at the April 11 Council meeting.

Motion by Helgeson second by Bailey to adjourn the meeting at 7:05 p.m. Motion carried 5-0-0.

Mark Vahlsing, City Administrator Molly Ryan, Acting Mayor

8
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 April 2023. The meeting was called to order by Mayor Henke.
The following members were present: Mayor Doug Henke, Council Members Kim Helgeson, and Molly
Ryan
Absent: Lee Sjolander, Mary Bailey
Also, present: City Administrator Mark Vahlsing, Administrative Assistant Holli Gudknecht, Police Chief
Jeff Sjoblom, Attorney Scott Riggs, Police Officer Brian Homeier, Public Works Director Wayne Ehrich,
Cora Boelman, Briana and Joe Jensen and Family, Jeff Traxler, Todd Greseth, Don Kirchmann, and Kyle
Flom

The meeting opened with the Pledge of Allegiance.

CITIZEN COMMENT
Briana Jensen presented some research information she had been asked to gather on allowing chickens in
city limits.
Goodhue County Commissioner, Todd Greseth, gave an update on what’s happening in the County. They are
working on the 2024 budget.

ADOPT AGENDA
Motion by Helgeson second by Ryan to approve the agenda. Motion carried 3-0-0.

CONSENT AGENDA
Motion by Ryan second by Henke to approve the Consent Agenda, which includes payment of check
numbers, 74673 through 74759; 4478E through 4501E.
Motion carried 3-0-0.

PRESENTATIONS/PUBLIC HEARINGS/RECOGNITIONS/PROLAMATIONS
Cora Boelman -CEDA - Update on Economic Development Activities
Cora Boelman updated the EDA members on the projects she has been working on including: park prospect,
Regional Development Tour scheduled for late summer, façade improvement plan applications, and various
grants that are being applied for.

ENGINEERING
April 2, 2023 Sewer Main Break
Public Works Director Wayne Ehrich stated that Public Works had discovered a broken force main pipe
in the ditch along Hwy 60 on Sunday, April 2. The proper authorities were notified and a contractor was
able to repair the broken pipe on Monday morning. Further correspondence will likely be received from
the MPCA within 60 days.

Pearl Creek Sanitary Sewer Improvements
Administrator Vahlsing stated that plans are being finalized for the Pearl Creek Sewer project. The final
plans will be ready for council approval in May. The City Attorney has been working on drafting
easement agreements.

2023 Street Improvement Summary
Administrator Vahlsing reported that the 2023 street improvement plans are being finalized and will be ready
for approval in May.

LEGAL
Jeff and Ann Traxler – Request for City to vacate alley/ROW
9
Attorney Riggs stated a request was received from Jeff and Ann Traxler asking for the city to vacate a right-of-way
area that runs between two separate parcels that they own. They are requesting the area to be vacated to help
with a planned expansion of their business. Riggs recommended realigning the location of the alley further to the
north since it seems the alley is still needed.
Motion by Ryan second by Helgeson to authorize staff to move ahead on the realignment of the alley right-of-way
to the north on the Traxler property at 502 Huseth St. Motion carried 3-0-0.

OLD BUSINESS
Update on Finance Director Hiring
Administrator Vahlsing stated that five candidates were interviewed with three candidates being
interviewed a second time. The committee recommended hiring Kelly Perry. The KMU Commission
met today to approve her appointment. Kelly Perry will start as the Finance Director on May 15.

Review Quotes for Payroll Services
Administrator Vahlsing presented updated quotes and revised proposals for contracting payroll
processing for the city. This item was tabled until the new Finance Director starts so she can be involved
in the decision.

NEW BUSINESS
On-Sale Liquor License Renewal- VFW
Motion by Henke second by Helgeson to renew the VFW’s liquor license.
Motion carried 3-0-0.

Board of Appeal and Equalization Meeting – Thursday, April 20, 2023
Mayor Henke stated that the Board of Appeal and Equalization meeting will be held by the Goodhue County
Assessor’s Office on April 20 in the Council Chambers at 5:00 pm. The purpose of the Board of Appeal is for
property owners to appeal their tax valuation. The Assessors office will serve as the Board for at least the next
three years.

Request for Chickens within City Limits
Mayor Henke acknowledged the request to allow chickens in residentially zoned areas of the city. Fees, limitations,
etc. of housing chickens were discussed. This item was tabled until next month to allow for more research to be done.

Solid Waste Hauler Agreement
Administrator Vahlsing stated that the current agreement for Solid Waste hauling with Flom Disposal expires on
June 30, 2023. A letter was received from Flom Disposal asking for a rate increase that would be effective the end
of June with the new agreement. The council was in agreement with the increase and a draft agreement will be
brought to the May council meeting.

Resolution 2023-06 City Support for SF3087 Amendment for Appropriation, Transportation
Management Organization Development
Administrator Vahlsing stated that the Southeast League of Municipalities (SEMLM) has been working with area
transportation providers including Hiawathaland transit to request State funding to assist with the development of a plan for a
regional transit system in SE MN. SEMLM is asking area city councils to pass a resolution of support for state funding for
this study.
Motion by Ryan second by Helgeson to adopt Resolution 2023-06. Motion carried 3-0-0.

Resolution 2023-07 Support of HF1285 to Remove the Income Restrictions for TIF in Non-
Metropolitan Counties of Minnesota
Administrator Vahlsing stated that the SE League of Municipalities is requesting that City Councils pass a
resolution in support of a Minnesota House Bill that would remove income restrictions for housing TIF districts
for areas in greater Minnesota.
Motion by Helgeson second by Ryan to adopt Resolution 2023-07. Motion carried 3-0-0.
10
Fire Relief Gambling Application – Kenyon Country Club
Resolution 2023-08: Approving the Application for Lawful Gambling of Kenyon Firemen’s Relief
Association
Motion by Ryan second by Helgeson to adopt Resolution 2023-08. Motion carried 3-0-0.

Schedule Solid Waste Spring Clean-up Day
Administrator Vahlsing stated that the Park Board requested that the Council look into holding a Spring Clean-up
Day in May. Discussion and ideas for the clean-up day were presented. Kyle Flom described his restrictions and
would make a list of what they would be able to take.
Motion by Ryan second by Helgeson to approve a spring clean-up day for Saturday, May 20 from 9 am to noon at
the pool parking lot for city residents for a fee. Motion carried 3-0-0.

Schedule of Upcoming Meetings
KMU Meeting: Tuesday, April 18th @ 2:00 p.m.
Board of Appeal & Equalization: Thursday, April 20th @ 5:00 p.m.
EDA Meeting: Tuesday, April 25, 2023 @ 8:00 a.m.
City Council Meeting: Tuesday, May 9th @ 7 p.m.

COUNCIL AND STAFF GENERAL COMMENTS
Councilors Helgeson and Ryan thanked Wayne for keeping the council informed about the sewer main
break.

Administrator Vahlsing and Mayor Henke appreciated all the work Wayne, Randy, and their crews did to
assist with the sewer main break.

Motion by Helgeson second by Ryan to adjourn the meeting at 8:54 p.m.
Motion carried 3-0-0.

Holli Gudknecht, Administrative Assistant Douglas Henke, Mayor

11
AGENDA ITEM NO.
VII.A

Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT

DATE: May 9, 2023

SUBMITTED BY: Holli Gudknecht, Engineering

ITEM TYPE: Engineering

AGENDA SECTION: ENGINEERING

SUBJECT: 2023 Street Improvements Summary
1. Resolution 2023-09 Approving plan and authorizing bids

SUGGESTED ACTION: The City Engineer will provide an update on the Street project. He is
asking for Council approval of Resolution 2023-09 which will
approve the plans and authorize bids for the project. See attached
resolution and summary below.
MOTION NEEDED

ATTACHMENTS:
01.1_2023 Street Improvements Summary.pdf
01.3_Street PlanSpec Excerptr.pdf
Resolution 2023-09 Approving PlanSpec Street project-Ordering Bid Advertisement.docx

12
2023 Street Improvements Summary
We have reviewed final plans with public works and this project is now ready for bidding. Although this project is not
technically a “reconstruction”, portions of the project (particularly within 7 th Street and the bid alternate Washington and
State Streets – i.e. the SEMCRA development) are heavily deteriorated so impacts to residents during the work will be
more intrusive in those areas. For most of the remaining areas, access impacts to adjacent homes will be minor

As per this contract, work needs to be completed by mid-October, 2023 and the contractor will also be required to finish
any paving work within 30 days of starting work.

The attached resolution is for approval of the plans and specification and provides us with authority to advertise the
project for bidding. If approved, we will tabulate bids received and present them to council for consideration of award and
the regular June meeting.

Requested Action:
Approve Resolution Approving Plans And Specifications And Ordering Advertisement For Bids on the
2023 Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements

H:\KENYON_CI_MN\_General\Council Meetings\2023\05 - May 2023\01.1_2023 Street Improvements Summary.docx

13
14
Plan & Spec Excerpt
CITY OF KENYON, MINNESOTA
CONSTRUCTION PLANS FOR
RESOURCE LIST
CITY OF KENYON

City Hall
709 Second Street
UTILITIES

GAS
Minnesota Energy Resources
Tom Livingston
507-529-5129
2023 STREET IMPROVEMENTS
Kenyon, MN 55946 BITUMINOUS PATCHING, BITUMINOUS MILL & OVERLAY
Phone: 507-789-6415 Northern Natural Gas
SHEET
City Administrator:
Kay Klemmer
507-456-1137
BASE BID: BULLIS ST, WASHINGTON ST, 7TH ST, 8TH ST NUMBER
SHEET TITLE
Mark Vahlsing
TELEPHONE
ALTERNATE BID: STATE ST, WASHINGTON ST GENERAL
Mayor: Doug Henke Frontier Communications
Richard Schrantz (Mi-Tech)
MAY, 2023 G0.01 TITLE SHEET, LEGEND, GENERAL NOTES
City Council Members: 612-368-9068
Kim Helgeson
CenturyLink
G1.01 STATEMENT OF ESTIMATED QUANTITIES
Molly Ryan
Mary Bailey David Haedtke
Lee Sjolander 769-786-0750

Jaguar Communications
CIVIL
City Engineer:
Derek Olinger, P.E. Michael S. Broadwater
507-214-0236
C0.01 DETAILS
Bolton & Menk, Inc.
C6.01 - C6.02 7TH STREET

WASHINGTON ST
2900 43rd St NW, Suite 100
Rochester, MN 55901 CABLE
507-525-2685 Mediacom
Paul Cousineau
C6.03 8TH STREET
derek.olinger@bolton-menk.com
507-456-1745 1ST ST C6.04 WASHINGTON STREET 4TH - 5TH
Utility Superintendent (Electric
& Water): C6.05 WASHINGTON STREET 2ND - 3RD
Randy Eggert
507-838-6023 C6.06 BULLIS STREET 1ST - 2ND
utility@cityofkenyon.com

2ND ST/TH60
C6.07 ALT 1 STATE STREET 7TH - 8TH
2ND ST/TH60
2ND ST/TH 60

Public Works Director (Street
2ND ST/TH 60

C6.07 ALT 2 WASHINGTON STREET 7TH - 8TH

BULLIS ST
& Sewer):
Wayne Ehrich

WASHINGTON ST
507-273-1953
publicworks@cityofkenyon.com

3RD ST THIS PLAN SET CONTAINS 10 SHEETS.

SPRING ST FOREST ST
4TH ST

RED WING AVE
BULLIS ST
5TH ST
MAP OF THE
CITY OF KENYON
GOODHUE COUNTY, MN
5TH ST

SPRING ST
NOTE: EXISTING UTILITY INFORMATION SHOWN ON THIS
PLAN HAS BEEN PROVIDED BY THE UTILITY OWNER. THE
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.

THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS 6TH ST R

SPRING ST FOREST ST
UTILITY QUALITY LEVEL D UNLESS OTHERWISE NOTED. THIS

HUSETH ST/CSAH 12
UTILITY LEVEL WAS DETERMINED ACCORDING TO THE
GUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD
GUIDELINES FOR THE COLLECTION AND DEPICTION OF 7TH ST
EXISTING SUBSURFACE UTILITY DATA."
0 300 600

WASHINGTON ST
7TH ST

STATE ST BULLIS ST
SCALE FEET

c Bolton & Menk, Inc. 2023, All Rights Reserved
MAP LEGEND
8TH ST
PROJECT LIMITS (BASE BID)
8TH ST
PROJECT LIMITS (ALTERNATE BID)
BID LOCATION
RECORD DRAWING
EXCESS EXCAVATED INFORMATION
MATERIAL DISPOSAL SITE

H:\KENYON_CI_MN\0H1127340\CAD\C3D\127340CG001.dwg 5/5/2023 12:14:45 PM
PROJECT DATUM: OBSERVER:

BITUMINOUS MILLINGS HORIZONTAL: CONTRACTOR:
STOCKPILE SITE 2011 Goodhue County Coordinate System
VERTICAL: DATE:
NAVD 1988 in Feet
KENYON, MINNESOTA
DESIGNED NO. ISSUED FOR DATE
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED
DPO SHEET
BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED 2900 43RD STREET NW, SUITE 100
0 25 0 5 10 PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
50 ROCHESTER, MINNESOTA 55901 DRAWN

HORZ.
SCALE FEET
VERT.
SCALE FEET DEREK P. OLINGER
Phone: (507) 208-4332
Email: Rochester@bolton-menk.com
CHECKED
RLC
DPO
2023 STREET IMPROVEMENTS
G0.01
54287 05/09/2023
R
www.bolton-menk.com CLIENT PROJ. NO. TITLESHEET
LIC. NO. DATE 0H1.127340
Plan & Spec Excerpt

PROJECT MANUAL
2023 Street Improvements
0H1.127340
City of Kenyon
Kenyon, MN

15
Plan & Spec Excerpt
CERTIFICATIONS PAGE

PROJECT MANUAL

FOR

2023 STREET IMPROVEMENTS
0H1.127340
CITY OF KENYON
KENYON, MN

Signature:
Typed or Printed Name: Derek P. Olinger
Date: 05/09/2023 License Number: 54287

City of Kenyon - 0H1.127340 CERTIFICATIONS PAGE
April 2023 PAGE 00 01 05-1
© Bolton & Menk, Inc. 2023, All Rights Reserved

16
Plan & Spec Excerpt
TABLE OF CONTENTS
2023 Street Improvements
0H1.127340
City of Kenyon
This Project Manual incorporates, either in full or in part, various EJCDC copyrighted documents. Documents incorporated
in full are subject to the copyright notice in the EJCDC document footnotes. For those EJCDC documents excerpted,
modified, or incorporated in part, those portions of the text that originated in copyrighted EJCDC documents remain subject
to the EJCDC license and copyright. Copyright © 2018 National Society of Professional Engineers, American Council of
Engineering Companies, and American Society of Civil Engineers. All rights reserved.

CONTRACT DOCUMENTS:
PROJECT MANUAL:
Introductory Information, Bidding Requirements, Contract Forms and Conditions of Contract
00 01 05 CERTIFICATIONS PAGE
00 01 10 TABLE OF CONTENTS
00 11 13 ADVERTISEMENT FOR BIDS
00 21 13 INSTRUCTIONS TO BIDDERS
00 41 00 BID FORMS
00 43 13 BID SECURITY FORM
00 45 11 RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE
00 51 00 NOTICE OF AWARD
00 51 11 ADDITIONAL SUBCONTRACTORS LIST
00 52 00 AGREEMENT FORMS
00 55 00 NOTICE TO PROCEED
00 61 13.13 PERFORMANCE BOND FORM
00 61 13.16 PAYMENT BOND FORM
00 61 13.19 WARRANTY BOND FORM
00 72 00 C-700 2018 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
00 73 00 C-800 2018 SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT
00 65 16 CERTIFICATE OF SUBSTANTIAL COMPLETION
00 63 49 WORK CHANGE DIRECTIVE FORM
00 63 63 CHANGE ORDER FORM
00 63 36 FIELD ORDER FORM
00 62 11 SUBMITTAL TRANSMITTAL FORM
01 11 00 SUMMARY OF WORK
01 21 16 CONTINGENCY ALLOWANCES
01 29 00 PAYMENT PROCEDURES
01 31 00 PROJECT MANAGEMENT AND COORDINATION
01 31 19 PROJECT MEETINGS
01 32 16 CONSTRUCTION PROGRESS SCHEDULE
01 33 00 SUBMITTAL PROCEDURES
01 35 13 SPECIAL PROJECT PROCEDURES
01 41 00 REGULATORY REQUIREMENTS
01 41 26 PERMIT REQUIREMENTS
01 42 19 REFERENCE STANDARDS
01 45 00 QUALITY CONTROL
01 55 17 HAUL ROUTES AND TEMPORARY ACCESS
01 55 26 TRAFFIC CONTROL
01 71 13 MOBILIZATION
01 71-23 FIELD ENGINEERING
01 77 00 CLOSEOUT PROCEDURES

City of Kenyon - 0H1.127340 TABLE OF CONTENTS
April 2023 PAGE 00 01 10-1
© Bolton & Menk, Inc. 2023, All Rights Reserved

17
Plan & Spec Excerpt
SPECIFICATIONS:
02 41 13 SELECTIVE SITE DEMOLITION
31 01 21 APPLICATION OF WATER
31 20 00 EARTH MOVING
31 23 13 SUBGRADE PREPARATION
31 32 19.13 GEOGRIDSOIL STABILIZATION
32 01 16.13 ASPHALT PAVEMENT MILLING
32 11 23 AGGREGATE BASE COURSES
32 12 00 FLEXIBLE PAVING
32 12 01 FLEXIBLE PAVEMENT PATCHING
32 15 00 AGGREGATE SURFACING
32 16 14 CURBS, GUTTERS, AND DRIVEWAYS
32 16 23.13 CONCRETE WALKS
32 91 19.13 TOPSOIL PLACEMENT AND GRADING

APPENDIX:
A – SUMMARY LETTER – PAVEMENT CORE THICKNESSES (AMERICAN ENGINEERING TESTING)

DRAWINGS (UNDER SEPARATE COVER):

10 sheets numbered G0.01 through C6.07, inclusive, dated 05/09/2023, and with each sheet bearing the following general
title:
2023 Street Improvements
City of Kenyon

****END OF SECTION****

City of Kenyon - 0H1.127340 TABLE OF CONTENTS
April 2023 PAGE 00 01 10-2
© Bolton & Menk, Inc. 2023, All Rights Reserved

18
Plan & Spec Excerpt
ADVERTISEMENT FOR BIDS

2023 STREET IMPROVEMENTS

CITY OF KENYON
KENYON, MN

RECEIPT AND OPENING OF PROPOSALS: Proposals for the work described below will be received online through
QuestCDN.com until 10:00 AM on Thursday June 1 st, 2023 at which time the bids will be opened and publicly read at the
office of the City Administrator, City of Kenyon, 709 2nd Street, Kenyon, MN 55946. Tabulated bids will be considered by
the Kenyon City Council at the next regular council meeting following the bid opening.
DESCRIPTION OF WORK: The work includes the construction of approximately:
Item Quantity Item Quantity
Sawing Conc/Bit Pavement 750 LF Adjust Casting (Donut Cut-Out) 10 EACH
Mill Bit Surface (2”) 3500 SY Conc Curb & Gutter 325 LF
Mill Bit Surface (Full Depth) 3500 SY Conc Driveway/Sidewalk 95 SY
Minor Grading & Excavation 11.3 RD STA Conc Valley Gutter 85 SY
Bit Patch Special 600 SY Traffic Control 1 LS
SP 12.5 Wearing Course Mix (2,B) 1600 TON Minor Grading/Turf Restoration 1 LS

together with numerous related items of work, all in accordance with Plans and Specifications. This project is subject to
Responsible Contractor Certification.
COMPLETION OF WORK: All work under the Contract must be complete by the end of the 2023 construction season.
Additional Detail is available in the bid packet.
PLAN HOLDERS LIST, ADDENDUMS AND BID TABULATION: The plan holders list, addendums and bid tabulations will be
available for download on-line at www.questcdn.com or www.bolton-menk.com.
TO OBTAIN BID DOCUMENTS: Complete digital project bidding documents are available at www.questcdn.com or
www.bolton-menk.com. You may view the digital plan documents for free by entering Quest project # 8512824 on the
website’s Project Search page. Documents may be downloaded for $50.00. Please contact QuestCDN.com at 952-233-1632
or info@questcdn.com for assistance in free membership registration, viewing, downloading, and working with this digital
project information.
BID SUBMITTAL: A bid shall be submitted online no later than the date and time prescribed. For this project, the Owner
will only be accepting online electronic bids through QuestCDN. To access the electronic bid form, download the project
document and click online bidding button at the top of the advertisement. Prospective bidders must be on the plan holders
list through QuestCDN for bids to be accepted.
BID SECURITY: A Proposal Bond in the amount of not less than 5 percent of the total amount bid, drawn in favor of City of
Kenyon shall accompany each bid.
OWNER'S RIGHTS RESERVED: The Owner reserves the right to reject any or all bids and to waive any irregularities and
informalities therein and to award the Contract to other than the lowest bidder if, in their discretion, the interest of the
Owner would be best served thereby.
DATED: May 9, 2023 /S/ Mark Vahlsing
City Administrator
Published:
The Kenyon Leader: 5/10/2023
QuestCDN: 5/10/2023

****END OF SECTION****

City of Kenyon - 0H1.127340 ADVERTISEMENT FOR BIDS
April 2023 PAGE 00 11 13-1
© Bolton & Menk, Inc. 2023, All Rights Reserved

19
RESOLUTION NO. 2023-09

CITY OF KENYON
COUNTY OF GOODHUE
STATE OF MINNESOTA

RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS
2023 STREET IMPROVEMENTS

WHEREAS, the city engineer has prepared plans and specifications for the 2023 Street
Improvements project, the improvement of Bullis St, Washington St, 7th St, 8th St, and also
alternate improvements to State St and Washington St for asphalt overlays, patching and
repaving and other minor surface repairs and has presented such plans and specifications to the
council for approval;

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF KENYON,
MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made a part hereof,
are hereby approved.
2. The city administrator shall prepare and cause to be inserted in the official paper and in
an online bidding service (Quest CDN) advertisement for bids upon the making of such
improvement under such approved plans and specifications. The advertisement shall be
published for 3 weeks, shall specify the work to be done, shall state that bids will be
received through the online bidding service until 10:00 a.m. on June 1, 2023, at which
time they will be publicly opened in the council chambers of the city hall by the city
administrator and engineer, will then be tabulated, and will be considered by the council
at 7:00 p.m. on June 13, 2023, in the council chambers of the city hall. Bid opening and
consideration times and locations provided above are subject to change if deemed
appropriate by the city administrator and engineer, provided that proper notice is
provided to bidders. Any bidder whose responsibility is questioned during consideration
of the bid will be given an opportunity to address the council on the issue of
responsibility. No bids will be considered unless sealed and filed with the clerk and
accompanied by a cash deposit, cashier’s check, bid bond or certified check payable to
the clerk for 5 percent of the amount of such bid.
Adopted by the City Council of the City of Kenyon on this 9th day of May, 2023.

__________________________
Douglas Henke, Mayor
ATTEST:

_____________________________
Mark Vahlsing, City Administrator

20
AGENDA ITEM NO.
VII.B

Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT

DATE: May 9, 2023

SUBMITTED BY: Holli Gudknecht, Engineering

ITEM TYPE: Engineering

AGENDA SECTION: ENGINEERING

SUBJECT: Pearl Creek Sanitary Sewer Improvements

1. Update on Easements for project

2. Resolution 2023-10 Approving plans and authorizing bids

SUGGESTED ACTION: The City Engineer will provide an update on the Pearl Creek Sewer
project. He is asking for Council approval of Resolution 2023-10
which will approve the plans and authorize bids for the project. See
attached resolution and summary below.
MOTION NEEDED

ATTACHMENTS:
02.1_Pearl Creek Sewer Project Update.pdf
02.3_Pearl Cr PlanSpec Excerptr.pdf
Resolution 2023-10 Approving PlanSpec Pearl Creek Sewer-Ordering Bid Advertisement.docx

21
Pearl Creek Sanitary Sewer Improvements
Plans and specifications for this project are now complete and ready for bidding. As discussed previously, the work
schedule provisions require that the work be completed by summer of 2024. Following bid approval, we expect that the
project will sit idle for a period of time to account for longer lead times on materials necessary to construct the lift station.

In this past month, we have been evaluating alternatives for the final layout of the lift station site and access drive within
the Barrett property. The final proposed layout is nearly identical to the previously proposed layout, with a few exceptions
including: A portion of the site immediately around the lift station will be paved with concrete to allow for easier
maintenance and visual appearance of the site. We are also including asphalt paving of the access drive and parking turn-
around area into the project scope, as a bid alternate. Once bids are received, the council may decide on whether or not to
move forward with the asphalt paving with a better understanding of total project costs.

We do not have any easements ready for execution yet. I expect to have additional information by the meeting time so we
will provide a verbal update on easement(s) at that time.

The attached resolution is for approval of the plans and specification and provides us with authority to advertise the
project for bidding. Given that there are still some questions related to the timing of easements on this project, the
resolution allows staff flexibility on the actual bid time; however, the current goal is to have bids ready for council
consideration at the regular June meeting.

Requested Action:
Approval of Resolution Approving Plans and Specifications and Ordering Advertisement for Bids on the 2023
Pearl Creek Sanitary Sewer and Gates Ave Utility Improvements.

H:\KENYON_CI_MN\_General\Council Meetings\2023\05 - May 2023\02.1_Pearl Creek Sewer Project Update.docx

22
CITY OF KENYON, MINNESOTA
CONSTRUCTION PLANS FOR
2023 PEARL CREEK SANITARY SEWER & GATES AVE UTILITY IMPROVEMENTS
FORCEMAIN & GRAVITY SANITARY SEWER, WATERMAIN, LIFT STATION, GRADING,
EROSION CONTROL & TURF ESTABLISHMENT, PAVEMENT PATCHING

MAY 2023
RESOURCE LIST UTILITIES

CITY OF KENYON GAS
Minnesota Energy Resources
City Hall Tom Livingston
709 Second Street 507-529-5129
Kenyon, MN 55946
Phone: 507-789-6415 Northern Natural Gas
Kay Klemmer
City Administrator: 507-456-1137
Mark Vahlsing
TELEPHONE
Mayor: Doug Henke Frontier Communications
Richard Schrantz (Mi-Tech)
SHEET NUMBER SHEET TITLE
City Council Members: 612-368-9068 GENERAL
Kim Helgeson
Molly Ryan CenturyLink
David Haedtke
G0.01 - G0.02 TITLE SHEET & LEGEND
Mary Bailey
Lee Sjolander 769-786-0750
G1.01 STATEMENT OF ESTIMATED QUANTITIES
City Engineer:
Derek Olinger, P.E.
Jaguar Communications
Michael S. Broadwater
G2.01 LOCATION PLAN
Bolton & Menk, Inc. 507-214-0236
2900 43rd St NW, Suite 100

T
SLEE S
Rochester, MN 55901
507-525-2685
CABLE
Mediacom CIVIL
derek.olinger@bolton-menk.com Paul Cousineau
507-456-1745 C0.01 - C0.03 EXISTING CONDITIONS & REMOVAL PLAN
Utility Superintendent (Electric & C1.01 - C1.06 TYPICAL SECTIONS, TABLES & DETAILS
REET
PROJECT LOCATION
Water):
Randy Eggert
507-838-6023
C2.01 - C2.05 SWPPP, EROS & SEDIMENT CONTROL PLAN
utility@cityofkenyon.com C3.01 GRADING & SITE PLAN
ET
S STRE
CROS C4.01 - C4.04 PEARL CREEK SANITARY SEWER PLAN & PROFILE
Public Works Director (Street &
Sewer):
Wayne Ehrich
507-273-1953 MART STREET C4.05 GATES AVE UTILITY PLAN & PROFILE
publicworks@cityofkenyon.com C5.01 - C5.02 LIFT STATION PLAN AND SECTIONS

ELECTRICAL
REE T

GATES AVE
E1.01 ELECTRICAL SYMBOLS AND ABBREVIATIONS
PINE STREET PINE ST
EK E1.02 LIFT STATION ELECTRICAL PLAN

LANGFORD AVE
E1.03 - E1.04 ELECTRICAL DETAILS

RED WING AVE
NOTE: EXISTING UTILITY INFORMATION SHOWN ON THIS
RE
PLAN HAS BEEN PROVIDED BY THE UTILITY OWNER. THE LC
CONTRACTOR SHALL FIELD VERIFY EXACT LOCATIONS PRIOR AR
TO COMMENCING CONSTRUCTION AS REQUIRED BY STATE PE THIS PLAN SET CONTAINS 31 SHEETS.
LAW. NOTIFY GOPHER STATE ONE CALL, 1-800-252-1166 OR
651-454-0002.

THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS
UTILITY QUALITY LEVEL D UNLESS OTHERWISE NOTED. THIS
UTILITY LEVEL WAS DETERMINED ACCORDING TO THE
2ND STREET
GUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD
GUIDELINES FOR THE COLLECTION AND DEPICTION OF
CSAH 12
EXISTING SUBSURFACE UTILITY DATA."

c Bolton & Menk, Inc. 2023, All Rights Reserved
R

PIT 0 250 500
MAP LEGEND OL CS MAP OF THE
CITY OF KENYON
AH SCALE FEET
HW 12 GOODHUE COUNTY, MN

PROJECT LIMITS Y
CITY HALL

PUBLIC WORKS SHOP HOME STREET PROJECT DATUM:
RECORD DRAWING
INFORMATION
BM=1101.06

H:\KENYON_CI_MN\0H1126462\CAD\C3D\126462G001.dwg 5/5/2023 12:30:57 PM
OBSERVER:

PROPERTY PIN HORIZONTAL:
STA. 27+07.41 10.09' LT 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
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
Phone: (507) 208-4332
Email: Rochester@bolton-menk.com
CHECKED
2023 PEARL CREEK SANITARY SEWER & GATES AVE UTILITY IMPROVEMENTS
G0.01
54287 05/09/2023
R
www.bolton-menk.com CLIENT PROJ. NO. TITLE SHEET
LIC. NO. DATE 0H1.126462 23
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EXISTING CONTOUR MINOR SITE GRADING LIMITS
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PERM UTIL/ACCESS EASEMENT
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113 NOTES:
1135 1. AS PART OF SITE GRADING, STRIP, SALVAGE, AND STOCKPILE ALL TOPSOIL AND/OR ORGANIC MATERIAL ENCOUNTERED ON THE PROJECT DURING CONSTRUCTION.
FOLLOWING CONSTRUCTION, PLACE TOPSOIL IN TURF RESTORATION AREAS. >

T
2 2. EXTEND BASE OF AGGREGATE SURFACING TO A MINIMUM 12" BEYOND THE LIMITS SHOWN ON THE PLAN.
1134.0

ALLEY S
) 3. EXCESS EXCAVATED AND UNSUITABLE MATERIALS ARE THE PROPERTY OF THE CONTRACTOR AND SHALL BE DISPOSED IN ACCORDANCE WITH THE REQUIREMENTS OF
YP MN/DOT SPEC 2106.
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OE >
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2
CITY OF KENYON, MINNESOTA
DESIGNED NO. ISSUED FOR DATE
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED
SHEET
BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED 2900 43RD STREET NW, SUITE 100
0 25 PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
50 ROCHESTER, MINNESOTA 55901 DRAWN

HORZ.
SCALE FEET DEREK P. OLINGER
Phone: (507) 208-4332
Email: Rochester@bolton-menk.com
CHECKED
2023 PEARL CREEK SANITARY SEWER & GATES AVE UTILITY IMPROVEMENTS
C3.01
54287 05/09/2023
R
www.bolton-menk.com CLIENT PROJ. NO. GRADING & SITE PLAN
LIC. NO. DATE 0H1.126462 24
PROJECT MANUAL
Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements
0H1.126462
City of Kenyon
Kenyon, MN

25
CERTIFICATIONS PAGE

PROJECT MANUAL

FOR

PEARL CREEK SANITARY & GATES AVENUE UTILITY IMPROVEMENTS
0H1.126462
CITY OF KENYON
KENYON, MN

I hereby certify that this plan, specification, or report was
prepared by me or under my direct supervision, and that I am
a duly Licensed Professional Engineer under the laws of the
State of Minnesota.
Signature:
Typed or Printed Name: Derek P. Olinger
Date: 05/09/2023 License Number: 54287

City of Kenyon - 0H1.126462 CERTIFICATIONS PAGE
April 2023 PAGE 00 01 05-1
© Bolton & Menk, Inc. 2023, All Rights Reserved

26
TABLE OF CONTENTS
Pearl Creek Sanitary & Gates Avenue Utility Improvements
0H1.126462
City of Kenyon
This Project Manual incorporates, either in full or in part, various EJCDC copyrighted documents. Documents incorporated
in full are subject to the copyright notice in the EJCDC document footnotes. For those EJCDC documents excerpted,
modified, or incorporated in part, those portions of the text that originated in copyrighted EJCDC documents remain subject
to the EJCDC license and copyright. Copyright © 2018 National Society of Professional Engineers, American Council of
Engineering Companies, and American Society of Civil Engineers. All rights reserved.

01 11 00 SUMMARY OF WORK
01 21 16 CONTINGENCY ALLOWANCES
01 23 00 ALTERNATES
01 29 00 PAYMENT PROCEDURES
01 31 00 PROJECT MANAGEMENT AND COORDINATION
01 31 19 PROJECT MEETINGS
01 32 16 CONSTRUCTION PROGRESS SCHEDULE
01 33 00 SUBMITTAL PROCEDURES
01 35 13 SPECIAL PROJECT PROCEDURES
01 41 00 REGULATORY REQUIREMENTS
01 41 26 PERMIT REQUIREMENTS
01 42 19 REFERENCE STANDARDS
01 45 00 QUALITY CONTROL
01 55 17 HAUL ROUTES AND TEMPORARY ACCESS
01 55 26 TRAFFIC CONTROL
01 57 13 TEMPORARY EROSION & SEDIMENT CONTROL

City of Kenyon - 0H1.126462 ADVERTISEMENT FOR BIDS
April 2023 PAGE 00 11 13-1
© Bolton & Menk, Inc. 2023, All Rights Reserved

27
01 71 13 MOBILIZATION
01 71 23 FIELD ENGINEERING
01 77 00 CLOSEOUT PROCEDURES

SPECIFICATIONS:
02 32 19 EXPLORATORY EXCAVATION
02 41 13 SELECTIVE SITE DEMOLITION

26 05 00 COMMON WORK RESULTS FOR ELECTRICAL
26 05 19 CONDUCTORS AND CABLES
26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS
26 05 29 SUPPORTING DEVICES
26 05 33 RACEWAYS, FITTINGS AND BOXES
26 24 11 ELECTRICAL SERVICE
26 24 15 TRANSFER SWITCHES
26 24 19 MOTOR CONTROL
26 32 13 ENGINE GENERATORS
26 51 00 LIGHTING
26 90 04 LIFT STATION CONTROL SYSTEM

31 11 00 CLEARING AND GRUBBING
31 20 00 EARTH MOVING
31 23 19 DEWATERING
31 32 19 GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION

32 12 01 FLEXIBLE PAVEMENT PATCHING
32 15 00 AGGREGATE SURFACING
32 16 14 CURBS, GUTTERS, AND DRIVEWAYS
32 91 19.13 TOPSOIL PLACEMENT AND GRADING
32 92 00 TURF AND GRASSES

33 00 00 SITE UTILITIES
33 01 30.12 CLEANING AND TELEVISION INSPECTION OF SEWERS
33 01 30.81 MANHOLE REHABILITATION
33 01 30.86 MANHOLE RIM ADJUSTMENT
33 05 06 TRENCHING AND BACKFILLING
33 05 07 TRENCHLESS INSTALLATION OF UTILITY PIPING
33 05 60 LIFT STATION STRUCTURE
33 05 97.36 UNDERGROUND UTILITY LOCATION SYSTEM
33 14 00 WATER UTILITY TRANSMISSION AND DISTRIBUTION
33 31 23 SANITARY SEWERAGE FORCE MAIN PIPING

41 22 00 HOISTS AND CRANES
43 25 00 SUBMERSIBLE CENTRIFUGAL PUMPS

APPENDIX:
A – REPORT OF GEOTECHNICAL EXPLORATION (AMERICAN ENGINEERING TESTING)
DRAWINGS (UNDER SEPARATE COVER):
31 sheets numbered G0.01 through E1.04, inclusive, dated 05/09/2023, and with each sheet bearing the following general
title:
Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements, City of Kenyon
****END OF SECTION****

City of Kenyon - 0H1.126462 ADVERTISEMENT FOR BIDS
April 2023 PAGE 00 11 13-2
© Bolton & Menk, Inc. 2023, All Rights Reserved

28
ADVERTISEMENT FOR BIDS

PEARL CREEK SANITARY SEWER & GATES AVE UTILITY IMPROVEMENTS

CITY OF KENYON
KENYON, MN

RECEIPT AND OPENING OF PROPOSALS: Proposals for the work described below will be received online through
QuestCDN.com until 10:00 AM on Thursday, June 8, 2023 at which time the bids will be opened and publicly read at the
office of the City Administrator, City of Kenyon, 709 2nd Street, Kenyon, MN 55946. Tabulated bids will be considered by
the Kenyon City Council at the next regular council meeting following the bid opening.
DESCRIPTION OF WORK: The work includes the construction of approximately:
Item Quantity Item Quantity
CLEARING & GRUBBING 1 LS 4” FORCEMAIN PIPE (HDD) 1275 LF
SITE GRADING 1 LS DRAINAGE STRUCTURE 4 EA
PAVEMENT/CURB/DRIVE PATCH 1 LS LIFT STATION & VALVE VAULT 1 LS
STABILIZE & REESTABLISH TURF 1 LS SITE ELECTRIC 1 LS
DEWATERING 1 LS 4-8” WATERMAIN (OPEN CUT/HDD) 650 LF
ROCK EXCAVATION 180 CY 4” ELECT CONDUIT (OPEN CUT/HDD) 650 LF
6-8” PIPE SEWER (OPEN CUT/HDD) 745 LF ASPHALT PAVING (AS ALTERNATE) 165 TON

together with numerous related items of work, all in accordance with Plans and Specifications. This project is subject to
Responsible Contractor Certification.
PLAN HOLDERS LIST, ADDENDUMS AND BID TABULATION: The plan holders list, addendums and bid tabulations will be
available for download on-line at www.questcdn.com or www.bolton-menk.com.
TO OBTAIN BID DOCUMENTS: Complete digital project bidding documents are available at www.questcdn.com or
www.bolton-menk.com. You may view the digital plan documents for free by entering Quest project # on the
website’s Project Search page. Documents may be downloaded for $50.00. Please contact QuestCDN.com at 952-233-1632
or info@questcdn.com for assistance in free membership registration, viewing, downloading, and working with this digital
project information.
BID SUBMITTAL: A bid shall be submitted online no later than the date and time prescribed. For this project, the Owner
will only be accepting online electronic bids through QuestCDN. To access the electronic bid form, download the project
document and click online bidding button at the top of the advertisement. Prospective bidders must be on the plan holders
list through QuestCDN for bids to be accepted.
BID SECURITY: A Proposal Bond in the amount of not less than 5 percent of the total amount bid, drawn in favor of City of
Kenyon shall accompany each bid.
OWNER'S RIGHTS RESERVED: The Owner reserves the right to reject any or all bids and to waive any irregularities and
informalities therein and to award the Contract to other than the lowest bidder if, in their discretion, the interest of the
Owner would be best served thereby.
DATED: May 9, 2023 /S/ Mark Vahlsing
City Administrator
Published:
Kenyon Leader: 5/17/2023
QuestCDN: 5/17/2023

****END OF SECTION****

City of Kenyon - 0H1.126462 ADVERTISEMENT FOR BIDS
April 2023 PAGE 00 11 13-3
© Bolton & Menk, Inc. 2023, All Rights Reserved

29
RESOLUTION NO. 2023-10

CITY OF KENYON
COUNTY OF GOODHUE
STATE OF MINNESOTA

RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS
2023 PEARL CREEK SANITARY SEWER & GATES AVE UTILITY IMPROVEMENTS

WHEREAS, the city engineer has prepared plans and specifications for the 2023 Pearl Creek
Sanitary Sewer & Gates Ave Utility Improvements project, including the rerouting of the Pearl
Creek sanitary sewer main via lift station and forcemain, and the extension of new watermain
and electrical conduit near Gates Avenue, and has presented such plans and specifications to the
council for approval;

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF KENYON,
MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made a part hereof,
are hereby approved.
2. The city administrator shall prepare and cause to be inserted in the official paper and in
an online bidding service (Quest CDN) advertisement for bids upon the making of such
improvement under such approved plans and specifications. The advertisement shall be
published for 3 weeks, shall specify the work to be done, shall state the bid submittal and
council consideration time(s) and location(s). Any bidder whose responsibility is
questioned during consideration of the bid will be given an opportunity to address the
council on the issue of responsibility. No bids will be considered unless submitted as
described in the advertisement and filed with the clerk and accompanied by a cash
deposit, cashier’s check, bid bond or certified check payable to the clerk for 5 percent of
the amount of such bid.
3. The city administrator and engineer shall be given authority to set the bid opening and
council consideration times and locations, provided proper notice is given, as noted
above.
Adopted by the City Council of the City of Kenyon on this 9th day of May, 2023.

__________________________
Douglas Henke, Mayor
ATTEST:

_____________________________
Mark Vahlsing, City Administrator

30
AGENDA ITEM NO.
VIII.A

Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT

DATE: May 9, 2023

SUBMITTED BY: Holli Gudknecht, Administration

ITEM TYPE: Legal

AGENDA SECTION: LEGAL

SUBJECT: Request for City to adjust alley/ROW location - Jeff and Ann
Traxler

SUGGESTED ACTION: Information at this time. A survey of the area is being completed by
Dave Rapp. The planning commission meeting to consider the
variance will be May 30 or 31st. The land swap can be reviewed by
the Council after the survey is completed. Most likely by the June
council meeting. See attachments below for more information.

From the April Council meeting. Jeff and Ann Traxler are asking for the City
to conduct a land swap of right-of-way area that abuts their property to the
west. They are requesting the land area to be traded with the City to help
with a planned expansion project of their business. They are also applying
for a variance related to the proposed building project. Further information
is attached below. The alley vacation process would require a survey of the
area and a public hearing.

ATTACHMENTS:
Traxler Alley request.pdf 5-23.pdf
TRAXLER SAMPLE 2.pdf

31
32
33
34
AGENDA ITEM NO.
VIII.B

Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT

DATE: May 9, 2023

SUBMITTED BY: Holli Gudknecht, Legal

ITEM TYPE: Legal

AGENDA SECTION: LEGAL

SUBJECT: Request for Reasonable Accommodation – Fence
1. Adopt Reasonable Accommodation Ordinance

SUGGESTED ACTION: The city has received a request for Reasonable Accommodation
under the Federal Fair Housing Act (FHA). Under this act the cities
are required to make reasonable accommodations for individuals with
disabilities. A reasonable accommodation is exception or adjustment
to regulations or policies to give persons with disabilities equal
opportunity to use their property. In this case the property owner is
requesting approval to construct a 6-foot-high fence in the front
yard. City Code only allows a maximum height of 3 1/2 feet. The
City attorney will address the requirements and the need for the City
to adopt an ordinance covering Reasonable Accommodation. The
applicants name or address cannot be released due to HIPAA
regulations. Further information is attached below.

Request Reasonable Accommodation Ordinance
MOTION NEEDED

ATTACHMENTS:
DOCSOPEN-#873587-v1-Hopkins Reasonable Accommodation Application.PDF
City Attorney Memo - Reasonable Accommodation.pdf
DOCSOPEN-#873566-v1-Ordinance Reasonable Accommodation Process.DOCX

35
City of Hopkins
1010 1st Street South, Hopkins, MN 55343 Application Number
952-935-8474 | 952-935-1834 (fax) | www.hopkinsmn.com

Reasonable Accommodation Request
General Data
Applicant Name (Last, First)
The above named individual, firm, or corporation hereby respectfully submits the following supplemental data in
support of the preliminary information provided on the accompanying zoning application summary form dated
for the purpose of securing an accommodation from existing land use zoning controls, official
controls or regulations.
Daytime Phone Other Phone
Contact Name (Last, First)
Daytime Phone Number Email Address
Mailing Address City State ZIP
Property Address City State ZIP
Owner (if other than applicant)

Project Information
Specify the section of the ordinance, official control or regulation from which a reasonable accommodation is sought:

Describe the request for reasonable accommodations. Attach additional sheet(s) as necessary.

Explain why the application of the referenced land use zoning controls, official controls or regulations act as a barrier
to fair housing opportunities due to the disability of existing or proposed residents. (This must include a detailed explanation
of why the accommodation is reasonably necessary to make the specific housing available to the person(s), including information establishing that the
applicant is disabled under applicable laws.) Attach additional sheet(s) as necessary.

Describe any proposed changes that will be made to the subject property and structures if the request is approved.
Attach additional sheet(s) as necessary.

Check all additional supporting documents which are being submitted to help explain this project proposal.
Site Plan Topographic Map Other (specify)

06-22 36
City of Hopkins Reasonable Accommodation Request (Page 2 of 2)

Certification
I hereby certify with my signature that all data on my applications forms, plans, and specifications are true and correct to the best
of my knowledge.
X Applicant's Signature Date

Order Granting or Denying a Reasonable Accommodation (For Office Use Only)
In accordance with the findings stated on the reverse side of this document, the City of Hopkins hereby
 approves,  denies the foregoing application for a reasonable accommodation. If approved, said approval is
subject to the general and special conditions following the Findings section on page 2.
Authorized Signature
Title Date

Reasonable Accommodation Findings
Strict application of the provisions of the land zoning controls, official controls or regulations  would,
 would not present a barrier to compliance with the Federal Fair Housing Amendments Act of 1988 because
of the finding of facts made in the City’s accommodation specialist’s attached written decision. If approved,
any reasonable accommodation is further subject to the specific conditions that might be outlined in said
written decision.

For conditions of the reasonable accommodation, see the attached.

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Sec. XX-XX. Reasonable accommodation requests.
(a) Purpose. It is the policy of the city, pursuant to the Federal Fair Housing Amendments Act of 1988 to provide
reasonable accommodation in the application of zoning and other regulations for qualified persons with
disabilities seeking fair and equal access to housing. Reasonable accommodation means providing a qualified
person with flexibility in the application of land use, zoning and other regulations or policies (including the
modification or waiver of certain requirements), when it is necessary to eliminate barriers to fair housing
opportunities. The purpose of this article is to establish a process for making and acting upon requests for
reasonable accommodation.
(b) Definitions.
Accommodation specialist: City staff appointed by the city administrator or their designee to coordinate and
administer the reasonable accommodation process outlined in Kenyon City Code section XX-XX.
Qualified person: Any individual with a disability, their representative, or a developer or provider of housing
for an individual with a disability.
Disability: Those disabilities which are recognized under applicable federal law.
Reasonable accommodation: Process by which the city may provide a qualified person flexibility in the
application of land use, zoning, or other regulations.
(c) Initiation of reasonable accommodation request. Any qualified person who requests a reasonable
accommodation in the form of modification in the application of a zoning or other regulation which may act
as a barrier to fair housing opportunities due to the disability of existing or proposed residents, may do so on
an application form provided by the city's accommodation specialist. The application shall include a detailed
explanation of why the accommodation is reasonably necessary to make the specific housing available to the
person(s), including information establishing that the applicant is disabled under applicable laws, as well as
other information required by the accommodation specialist to make the determination. If the project for
which the request is being made also requires an additional land use review or approval, the applicant shall
file the request concurrently with the land use review.
(d) Accommodation specialist: Required findings. The accommodation specialist, in consultation with other
appropriate city staff, shall have the authority to consider and act on requests for reasonable
accommodation. The accommodation specialist shall issue a written decision in which the request is
approved, approved subject to conditions, or denied. In making the decision as to whether an
accommodation is reasonable, the following factors shall be considered:
(1) Special need created by the disability;
(2) Potential benefit that can be accomplished by the requested accommodation;
(3) Need for the requested accommodation, including alternatives that may provide an equivalent level of
benefit;
(4) Physical attributes of and any proposed changes to the subject property and structures;
(5) Potential impact on surrounding uses;
(6) Whether the requested accommodation would constitute a fundamental alteration of the zoning
regulations, policies, or procedures of the city, and/or nature of the area in which the accommodation
is being requested;
(7) Whether the requested accommodation would impose an undue financial or administrative burden on
the city;

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(8) Whether the requested accommodation is likely to have any negative impacts on the health, safety, or
general welfare of members of the community, and
(9) Any other factor that may be determined to have a bearing on the request.
Any approval issued under this section may include such reasonable conditions that the accommodation
specialist deems necessary to mitigate any adverse impacts that the granting of such reasonable accommodation
may produce or amplify.
(e) Notice of decision. The written decision of the accommodation specialist shall be mailed to the applicant
within five business days of such decision being made. All written decisions shall give notice of the right to
appeal a decision of the accommodation specialist pursuant to section XX-XX. The decision of the
accommodation specialist shall constitute the final decision of the city, unless appealed according to the
procedures and within the time limits provided in section XX-XX. Only the aggrieved applicant of the written
reasonable accommodation determination has a right to appeal the decision.
A reasonable accommodation approved under this section shall become effective on the first calendar day
following expiration of the right to appeal.
(f) Applicability. Any approved request shall constitute a limited license which shall allow the property owner or
occupant to continue to rely upon such accommodation only so long as they own or occupy the property.
Approval of a reasonable accommodation does not constitute a property right, does not run with the land,
and does not provide future owners or occupants any rights to rely upon such accommodation approvals.
Only the person who applied for such reasonable accommodation, and who is specifically named in the city's
approval of such accommodation, shall be entitled to the benefits and protections thereof. The holder of an
approved reasonable accommodation license hereunder shall, on or before January 1st of each year, provide
the city with an updated affirmation that the reasonable accommodation is still necessary. In the event that
the accommodations specialist has reasonable cause to believe that the factors supporting the original
approval of a reasonable accommodation have changed, the accommodation specialist may request
additional information from the license holder. Failure to annually reaffirm the need for the reasonable
accommodation, or failure to provide information reasonably requested by the accommodation specialist
shall result in automatic termination of the reasonable accommodation upon written notice by the
accommodation specialist.
(g) Conditions and guarantees. Prior to the issuance of any permits relative to an approved reasonable
accommodation request, the accommodation specialist may require the applicant to record a covenant
acknowledging and agreeing to comply with the terms and conditions established in the determination.
(h) Appeals. Any decision reached by the accommodation specialist pursuant to section XX-XX shall be subject to
appeal to the city council by those persons with a right to appeal as provided herein. All appeals shall be
initiated by submitting a notice of appeal, in writing, to the accommodation specialist within 30 days of the
date upon which the decision was made. Upon notice of appeal, the city administrator or their designee shall
present such appeal to the city council for action within 30 days. Following a hearing on such appeal, the city
council shall issue its findings, in writing, within 30 days.

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AGENDA ITEM NO. X.A

Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT

DATE: May 9, 2023

SUBMITTED BY: Holli Gudknecht, Administration

ITEM TYPE: Old Business

AGENDA SECTION: OLD BUSINESS

SUBJECT: Request for Chickens within City Limits

SUGGESTED ACTION: As a follow-up to the April Council meeting, I have attached some
ordinances, and applications from other area communities. If the
Council is interested in allowing Chickens, the City Administrator
and Attorney should be authorized to develop a draft application and
ordinance.

ATTACHMENTS:
Example of Chicken Keeping brochure.pdf
Example of Chicken Ordinances.pdf
Examples of application for the keeping of chickens.pdf

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AGENDA ITEM NO. X.B

Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT

DATE: May 9, 2023

SUBMITTED BY: Holli Gudknecht, Administration

ITEM TYPE: Old Business

AGENDA SECTION: OLD BUSINESS

SUBJECT: Solid Waste Hauler Agreement

SUGGESTED ACTION: The current agreement for Solid Waste (trash) hauling expires June 30, 2023.
At the April meeting the Council authorized staff and the City Attorney to
develop a 3-year agreement with Flom Disposal. A copy of the new
agreement is attached below. The new agreement contains increased fees
shown below. The new rates are based on CPI increases for the last two years
and higher tipping fees at the Red Wing Land Fill.

City of Red Wing Solid Waste increase breakdown:

Avg 42 tons/month is collected, $5x42=2520/yr.
increase

.27/month/resident

CPI (consumer price index adjustment) 2021=7% and
2022=6.5%

65gallon
95gallon

$1.21/month increase 2021
$1.73/month increase 2021

$1.20/month increase 2022
$1.72/month increase 2022

Total $2.41/Month
Total $3.45/month

65 gallon $2.68/monthly increase 95

70
gallon $3.72/monthly increase

65 gallon new rate $19.99, old rate $17.31 95
gallon new rate $ 28.50, old rate $ 24.78

MOTION NEEDED

ATTACHMENTS:
Redlined draft Solid Waste License_Agreement.pdf
Draft Solid Waste License Agreement.DOCX

71
SECOND AMENDED AND RESTATED LICENSE AGREEMENT

THIS SECOND AMENDED AND RESTATED LICENSE AGREEMENT (the
“Agreement”) is entered into this 12th________ day of August_________, 20202023, by and
between the City of Kenyon, located at 709 2nd Street, Kenyon, Minnesota 55946 (hereinafter
"City") and Flom Disposal, Inc., a Minnesota business corporation, located at 5865 Kenyon
Boulevard, Faribault, MN 55021 (hereinafter "Flom Disposal”).

WITNESSETH:

WHEREAS, the parties entered into a License Agreement on June 28, 2018, and an
Amended and Restated License Agreement on August 12, 2020, and now desire to amend such
Amended and Restated License Agreement as set forth in this Agreement;

WHEREAS, consistent with Kenyon City Code Section 1115 and City of Kenyon
Administrative Policy No. 24, the City and Flom Disposal desire to enter into this Agreement and
transfer an existing license for garbage and refuse collection within the City to Flom Disposal; and

WHEREAS, both the City and Flom Disposal have concluded that it is in the best interests
of both parties to enter into the following Agreement, including the terms and conditions hereinafter
set forth.

NOW, THEREFORE, the parties hereto do mutually agree as set forth below:

A. Terms and Conditions for License.

1. Consistent with Kenyon City Code Section 1115, Kenyon Administrative Policy
No. 24 and Minnesota statutes, the City agrees to transfer and issue a collector license to
collect garbage or refuse in the City to Flom Disposal, as provided in this Agreement.

2. Flom Disposal shall (a) have water-tight, packer-type vehicles in good condition to
prevent loss in transit of liquid or solid cargo; (b) keep all vehicles clean and as free from
offensive odors as possible and not allow vehicles to stand in any street longer than
reasonably necessary to collect garbage or refuse; and (c) all vehicles shall be dumped or
unloaded only at a designated sanitary landfill.

3. Flom Disposal must file with the city administrator evidence of public liability
insurance on all vehicles used and in operations by Flom Disposal. The minimum limits of
coverage of such insurance shall be:

a) Each person injured, at least $1,000,000.00;
b) Each accident, at least $1,000,000.00;
c) Property damage, at least $300,000.00;
d) Workers’ compensation with statutory limits on all employees.

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Any insurance policy required under this section shall remain in full force and effect at all
times that Flom Disposal is licensed by the City. All policies shall contain a provision
requiring the City to be notified at least 30 days prior to the expiration or cancellation of any
insurance policy. Failure to carry the required insurance shall be grounds for termination of
the license and this Agreement.

4. In the interest of maintaining healthful and sanitary conditions in the City, the City
may specify and assign certain areas for scheduled pick up on dates as determined by the
City. Scheduled pick-up of garbage and refuse shall occur no earlier than 7:30 a.m.

5. The term of this license and this Agreement shall be for three years, from July 1,
20182023 through June 30, 20212026, unless terminated earlier as provided herein, and
with an option to extend this license and Agreement for an additional two-year time period
in the sole discretion of the City.

6. A schedule of rates to be charged during the licensed period is set forth in Section B
below. Flom Disposal may petition the council for review of such rates 24 months from the
original date of this Agreement. Any requested increase in rates shall be submitted to the
City in writing, at least 90 days, or such other timeframe as set forth in the Goodhue
County Waste Designation Ordinance, whichever timeframe is shorter, prior to the
proposed implementation date for any rate increase. A request for rate increase by Flom
Disposal shall include all information necessary to support the proposed adjustment, as well
as any other information requested by the City including comparative rates in surrounding
communities. Any rate increases must be approved by the council. Prior to voting on any
proposed rate increase, the City may hold a public hearing, preceded by 10 days’ published
notice. Flom Disposal may not charge rates in excess of the rates approved by the City.
The pricing system to be used by Flom Disposal shall be based upon the volume of the
garbage or other refuse collected.

7. Flom Disposal acknowledges that the license to collect and haul garbage within the
City is subject to all terms and conditions contained in this Agreement, Kenyon City Code
Section 1115, City of Kenyon Administrative Policy No. 24 and Minnesota Statutes, with
both Section 1115 and Administrative Policy No. 24 being incorporated into this
Agreement by reference as if fully set forth herein.

8. Flom Disposal must maintain a current Goodhue County Refuse Hauler License during
the term of this agreement. Flom Disposal shall procure, at its own expense, all licenses,
permits or other rights, required for the provision of services contemplated by the
agreement. Flom Disposal shall inform the City of any changes in the above within five (5)
days of occurrence.

B. Rates and Billing.

1. City customers that pay the family garbage rate will get a 96 gallon cart and those
that pay the single/senior rate will get a 64 gallon cart. There shall be no charge for carts,

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and the cart must remain with the property should the customer move. (If the customer
takes the cart, the customer will be charged for it.)

2. Base Rates. Base rates per month are determined when applying for utility
service:

a. Single / Senior (62 or over): $17.3119.99
b. Family: $24.7828.50

The rates provided herein are effective November 10, 20202023 and constitute rate
increases from the initial License Agreement and Amended and Restated terms and rates
based upon cost increases resulting from the Goodhue County Waste Designation
Ordinance, as well as an included rate increase equal to the Consumer Price Index as
contemplated by Paragraph B.4. of this Agreement.

3. Fuel Surcharge. In order to provide the most cost-effective solution for the City,
the following separator for fuel prices shall apply. If diesel fuel remains below $3.50 per
gallon, the fuel surcharge shall be 0 percent. If diesel fuel is at or above $3.50 per gallon,
the following fuel surcharge percentages shall apply to the base rate:

Diesel Fuel Price per Gallon Fuel Surcharge
<$3.50 0 percent
$3.50 to $3.74 2 percent
$3.75 to $3.99 4 percent
For every $0.25 per gallon increase The Fuel Surcharge will increase by 1%
above $3.99

The published index for determining monthly diesel fuel prices will be the Department of
Energy’s (DOE) “Weekly Retail On-Highway Diesel Prices” for the Midwest region. The
price published for the first Monday of the month will be used as that month’s diesel fuel
price. The prices can be viewed at the DOE’s website:
http://www.eia.gov/petroleum/gasdiesel/

4. The rates set forth in Section B.2. and B.3. of this Agreement shall not increase
for twenty-four (24) months from the starting date of this agreement. Upon the request of
Flom Disposal, consistent with the terms of this Agreement and City Code Section 1115,
a rate increase equal to the Consumer Price Index may be allowed after the first
twenty-four months of this Agreement. Any subsequent increase requests must be
approved by the City Council under the terms of this agreement.

5. The City will conduct all billing for garbage collections. Said billing will be part
of the residential monthly utility bill. All billing amounts collected shall be forwarded to
Flom Disposal within 30 days. The City will attempt to collect all past due billings but
will not guarantee the amount forwarded to the City each month. Flom Disposal shall pay
the City $800.00 per month to cover the City’s costs for billing associated with this
Agreement.

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C. Garbage Collection.

1. Garbage Pickup Schedule. The weekly garbage pickup schedule will be approved
by City Council, in its sole discretion, and memorialized in City of Kenyon Administrative
Policy No. 24. The current pickup day is Wednesday. Any requested schedule changes
shall be submitted in writing to the City for consideration by the City Council. Flom
Disposal shall bear all costs involved in notifying customers of approved schedule
changes.

2. Use of Garbage Carts:

a. All garbage must be in the cart.
b. Carts must be placed at the end of a driveway, with the opening of the lid
facing the street.
c. Three feet of space must be provided around the cart.
d. Items that do not fit into the cart will not be collected with the regular
garbage unless the customer has contacted Flom Disposal ahead of time to
arrange for pickup. (There may be an additional fee charged at the time of
any extra pickup.)

3. Interruption of Garbage Service. No charges will be incurred for any billing
period if there is an absence of at least 30 consecutive days. All interruptions in service
must be approved in advance by the City.

D. Compliance. Flom Disposal’s operations and activities shall be in compliance with all
court orders, law, statutes, ordinances, executive orders, or regulations promulgated by a
governmental authority having jurisdiction.

E. License Fee. The annual fee for this license shall be set by City resolution and shall not be
prorated. Subsequent annual payments of the license fee shall be paid by the first working
day of each year. Failure to pay the license fee shall be grounds for termination of the
license and this Agreement. In determining the amount of the license fee, the City shall
include all costs incurred by the City to administer the license and to enforce City Code
provisions relating to refuse collection.

F. No Customer Contracts. City customers shall not be required to enter into a contract or
other term agreement with Flom Disposal to receive service pursuant to this license and this
Agreement.

G. Missed Pick-ups/customer complaints. Whenever a customer notifies Flom Disposal, or the
City, of a location which did not receive scheduled service, Flom Disposal shall service
such location no later than the day following the customer notification. All customer
complaints made to Flom Disposal shall be answered promptly and courteously, and a
record of said complaints shall be maintained by Flom Disposal and provided to the City
upon demand. Flom Disposal shall meet with City staff at least quarterly to address any

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customer complaints regarding Flom Disposal’s performance of refuse collection, hauling or
disposing.

H. Assignability of license. The license issued by the City and this Agreement may not be
assigned or transferred in whole or in part by Flom Disposal unless the City gives its
approval prior to any proposed assignment or transfer. Any attempt to assign or transfer the
license in whole or in part without prior approval of the City shall be grounds for
termination of the license and this Agreement.

I. Termination or Revocation. The license and Agreement may be terminated by the City, in
its sole discretion, by providing 90 days’ written notice to Flom Disposal. The license and
Agreement may be revoked immediately upon occurrence of any of the following:

1. Flom Disposal fails to comply with the provisions of the Agreement, or is in violation of
city or county ordinances, state or federal laws or regulations; or

2. The City determines that Flom Disposal’s performance of refuse collection, hauling or
disposal is unsatisfactory.

J. Hold Harmless and Indemnification; No Waiver by the City. Flom Disposal agrees to
defend, indemnify and hold the City, its officials, employees, agents and contractors
harmless from any liability, claims, damages, costs, judgments, or expenses, including
reasonable attorneys’ fees, resulting directly or indirectly from an act or omission (including
without limitation professional errors or omissions) of Flom Disposal, its agents,
employees, or subcontractors in the performance of the services provided by this Agreement
and against all losses by reason of the failure of Flom Disposal fully to perform, in any
respect, all obligations under this Agreement.

By issuing this license or entering into this Agreement, the City does not waive its
entitlement to any immunities under Minnesota statutes, case law or common law.

K. Severability. If any clause, sentence or section of this license and Agreement is deemed
invalid by any judicial, regulatory or legislative body having proper jurisdiction, the
remaining provisions shall not be affected.

L. Subcontractors. Flom Disposal shall not enter into subcontracts for services provided under
this license and this Agreement without the express written consent of the City.

M. Assignment. Flom Disposal shall not assign this license or this Agreement or any interest
arising herein without the express approval and written consent of the City.

N. Records Access. Flom Disposal shall provide the City access to any books, documents,
papers, and records which are directly pertinent to the license or this Agreement, for the
purpose of making audit, examination, excerpts, and transcriptions, for three years after
final payments and all other pending matters related to this license and this Agreement are
closed.

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O. City Expenses. Flom Disposal shall reimburse the City for all expenses associated with
development of this Agreement.

P. Data Practices Act Compliance. Data provided to the City concerning this matter and/or
under this Agreement shall be administered in accordance with Minnesota Statutes, Chapter
13, and all data on individuals or license applicants shall be maintained in accordance with
statutory guidelines. The parties acknowledge that this Agreement is public data.

Q. 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 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.

R. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments
signed by the parties shall constitute the entire agreement between City and Flom Disposal,
and supersedes any other written or oral agreements between City and Flom Disposal. This
Agreement can only be modified in writing signed by City and Flom Disposal.

S. Execution in Counterparts. This Agreement may be executed in counterparts by the parties
hereto.

[Signature page to follow]

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IN WITNESS WHEREOF, the City and Flom Disposal have approve this Agreement the
day and year first written above.

CITY OF KENYON

Dated: ____________, 20202023. By: __________________________________
Douglas Henke, Mayor

Dated: ____________, 20202023. By: __________________________________
Mark R. Vahlsing
City Administrator

FLOM DISPOSAL, INC.

Dated: ____________, 20202023. By: __________________________________

Its: __________________________________

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79
SECOND AMENDED AND RESTATED LICENSE AGREEMENT

THIS SECOND AMENDED AND RESTATED LICENSE AGREEMENT (the
“Agreement”) is entered into this ________ day of _________, 2023, by and between the City of
Kenyon, located at 709 2nd Street, Kenyon, Minnesota 55946 (hereinafter "City") and Flom Disposal,
Inc., a Minnesota business corporation, located at 5865 Kenyon Boulevard, Faribault, MN 55021
(hereinafter "Flom Disposal”).

WITNESSETH:

WHEREAS, both the City and Flom Disposal have concluded that it is in the best interests of
both parties to enter into the following Agreement, including the terms and conditions hereinafter set
forth.

NOW, THEREFORE, the parties hereto do mutually agree as set forth below:

A. Terms and Conditions for License.

2. Flom Disposal shall (a) have water-tight, packer-type vehicles in good condition to
prevent loss in transit of liquid or solid cargo; (b) keep all vehicles clean and as free from
offensive odors as possible and not allow vehicles to stand in any street longer than reasonably
necessary to collect garbage or refuse; and (c) all vehicles shall be dumped or unloaded only
at a designated sanitary landfill.

a) Each person injured, at least $1,000,000.00;
b) Each accident, at least $1,000,000.00;
c) Property damage, at least $300,000.00;
d) Workers’ compensation with statutory limits on all employees.

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Any insurance policy required under this section shall remain in full force and effect at all
times that Flom Disposal is licensed by the City. All policies shall contain a provision
requiring the City to be notified at least 30 days prior to the expiration or cancellation of any
insurance policy. Failure to carry the required insurance shall be grounds for termination of
the license and this Agreement.

4. In the interest of maintaining healthful and sanitary conditions in the City, the City
may specify and assign certain areas for scheduled pick up on dates as determined by the City.
Scheduled pick-up of garbage and refuse shall occur no earlier than 7:30 a.m.

5. The term of this license and this Agreement shall be for three years, from July 1, 2023
through June 30, 2026, unless terminated earlier as provided herein, and with an option to
extend this license and Agreement for an additional two-year time period in the sole discretion
of the City.

6. A schedule of rates to be charged during the licensed period is set forth in Section B
below. Flom Disposal may petition the council for review of such rates 24 months from the
original date of this Agreement. Any requested increase in rates shall be submitted to the City
in writing, at least 90 days, or such other timeframe as set forth in the Goodhue County
Waste Designation Ordinance, whichever timeframe is shorter, prior to the proposed
implementation date for any rate increase. A request for rate increase by Flom Disposal shall
include all information necessary to support the proposed adjustment, as well as any other
information requested by the City including comparative rates in surrounding communities.
Any rate increases must be approved by the council. Prior to voting on any proposed rate
increase, the City may hold a public hearing, preceded by 10 days’ published notice. Flom
Disposal may not charge rates in excess of the rates approved by the City. The pricing system
to be used by Flom Disposal shall be based upon the volume of the garbage or other refuse
collected.

7. Flom Disposal acknowledges that the license to collect and haul garbage within the
City is subject to all terms and conditions contained in this Agreement, Kenyon City Code
Section 1115, City of Kenyon Administrative Policy No. 24 and Minnesota Statutes, with
both Section 1115 and Administrative Policy No. 24 being incorporated into this Agreement
by reference as if fully set forth herein.

8. Flom Disposal must maintain a current Goodhue County Refuse Hauler License during
the term of this agreement. Flom Disposal shall procure, at its own expense, all licenses,
permits or other rights, required for the provision of services contemplated by the agreement.
Flom Disposal shall inform the City of any changes in the above within five (5) days of
occurrence.

B. Rates and Billing.

1. City customers that pay the family garbage rate will get a 96 gallon cart and those
that pay the single/senior rate will get a 64 gallon cart. There shall be no charge for carts,

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and the cart must remain with the property should the customer move. (If the customer
takes the cart, the customer will be charged for it.)

2. Base Rates. Base rates per month are determined when applying for utility service:

a. Single / Senior (62 or over): $19.99
b. Family: $28.50

The rates provided herein are effective November 10, 2023 and constitute rate increases
from the initial License Agreement and Amended and Restated terms and rates based upon
cost increases resulting from the Goodhue County Waste Designation Ordinance, as well
as an included rate increase equal to the Consumer Price Index as contemplated by
Paragraph B.4. of this Agreement.

Diesel Fuel Price per Gallon Fuel Surcharge
<$3.50 0 percent
$3.50 to $3.74 2 percent
$3.75 to $3.99 4 percent
For every $0.25 per gallon increase The Fuel Surcharge will increase by 1%
above $3.99

4. The rates set forth in Section B.2. and B.3. of this Agreement shall not increase for
twenty-four (24) months from the starting date of this agreement. Upon the request of
Flom Disposal, consistent with the terms of this Agreement and City Code Section 1115,
a rate increase equal to the Consumer Price Index may be allowed after the first twenty-
four months of this Agreement. Any subsequent increase requests must be approved by
the City Council under the terms of this agreement.

5. The City will conduct all billing for garbage collections. Said billing will be part
of the residential monthly utility bill. All billing amounts collected shall be forwarded to
Flom Disposal within 30 days. The City will attempt to collect all past due billings but will
not guarantee the amount forwarded to the City each month. Flom Disposal shall pay the
City $800.00 per month to cover the City’s costs for billing associated with this Agreement.

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C. Garbage Collection.

1. Garbage Pickup Schedule. The weekly garbage pickup schedule will be approved
by City Council, in its sole discretion, and memorialized in City of Kenyon Administrative
Policy No. 24. The current pickup day is Wednesday. Any requested schedule changes shall
be submitted in writing to the City for consideration by the City Council. Flom Disposal
shall bear all costs involved in notifying customers of approved schedule changes.

2. Use of Garbage Carts:

3. Interruption of Garbage Service. No charges will be incurred for any billing period
if there is an absence of at least 30 consecutive days. All interruptions in service must be
approved in advance by the City.

E. License Fee. The annual fee for this license shall be set by City resolution and shall not be
prorated. Subsequent annual payments of the license fee shall be paid by the first working
day of each year. Failure to pay the license fee shall be grounds for termination of the license
and this Agreement. In determining the amount of the license fee, the City shall include all
costs incurred by the City to administer the license and to enforce City Code provisions
relating to refuse collection.

F. No Customer Contracts. City customers shall not be required to enter into a contract or other
term agreement with Flom Disposal to receive service pursuant to this license and this
Agreement.

G. Missed Pick-ups/customer complaints. Whenever a customer notifies Flom Disposal, or the
City, of a location which did not receive scheduled service, Flom Disposal shall service such
location no later than the day following the customer notification. All customer complaints
made to Flom Disposal shall be answered promptly and courteously, and a record of said
complaints shall be maintained by Flom Disposal and provided to the City upon demand.
Flom Disposal shall meet with City staff at least quarterly to address any customer complaints
regarding Flom Disposal’s performance of refuse collection, hauling or disposing.

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H. Assignability of license. The license issued by the City and this Agreement may not be
assigned or transferred in whole or in part by Flom Disposal unless the City gives its approval
prior to any proposed assignment or transfer. Any attempt to assign or transfer the license in
whole or in part without prior approval of the City shall be grounds for termination of the
license and this Agreement.

I. Termination or Revocation. The license and Agreement may be terminated by the City, in its
sole discretion, by providing 90 days’ written notice to Flom Disposal. The license and
Agreement may be revoked immediately upon occurrence of any of the following:

1. Flom Disposal fails to comply with the provisions of the Agreement, or is in violation of
city or county ordinances, state or federal laws or regulations; or

2. The City determines that Flom Disposal’s performance of refuse collection, hauling or
disposal is unsatisfactory.

J. Hold Harmless and Indemnification; No Waiver by the City. Flom Disposal agrees to defend,
indemnify and hold the City, its officials, employees, agents and contractors harmless from
any liability, claims, damages, costs, judgments, or expenses, including reasonable attorneys’
fees, resulting directly or indirectly from an act or omission (including without limitation
professional errors or omissions) of Flom Disposal, its agents, employees, or subcontractors
in the performance of the services provided by this Agreement and against all losses by reason
of the failure of Flom Disposal fully to perform, in any respect, all obligations under this
Agreement.

By issuing this license or entering into this Agreement, the City does not waive its entitlement
to any immunities under Minnesota statutes, case law or common law.

L. Subcontractors. Flom Disposal shall not enter into subcontracts for services provided under
this license and this Agreement without the express written consent of the City.

M. Assignment. Flom Disposal shall not assign this license or this Agreement or any interest
arising herein without the express approval and written consent of the City.

N. Records Access. Flom Disposal shall provide the City access to any books, documents,
papers, and records which are directly pertinent to the license or this Agreement, for the
purpose of making audit, examination, excerpts, and transcriptions, for three years after final
payments and all other pending matters related to this license and this Agreement are closed.

O. City Expenses. Flom Disposal shall reimburse the City for all expenses associated with
development of this Agreement.

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P. Data Practices Act Compliance. Data provided to the City concerning this matter and/or under
this Agreement shall be administered in accordance with Minnesota Statutes, Chapter 13, and
all data on individuals or license applicants shall be maintained in accordance with statutory
guidelines. The parties acknowledge that this Agreement is public data.

Q. 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 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.

S. Execution in Counterparts. This Agreement may be executed in counterparts by the parties
hereto.

[Signature page to follow]

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IN WITNESS WHEREOF, the City and Flom Disposal have approve this Agreement the day
and year first written above.

CITY OF KENYON

Dated: ____________, 2023. By: __________________________________
Douglas Henke, Mayor

Dated: ____________, 2023. By: __________________________________
Mark R. Vahlsing
City Administrator

FLOM DISPOSAL, INC.

Dated: ____________, 2023. By: __________________________________

Its: __________________________________

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AGENDA ITEM NO. X.C

Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT

DATE: May 9, 2023

SUBMITTED BY: Holli Gudknecht, Administration

ITEM TYPE: Old Business

AGENDA SECTION: OLD BUSINESS

SUBJECT: Solid Waste Clean-up day update

SUGGESTED ACTION: At the April Council meeting a spring clean-up day was scheduled at
Depot Park on Saturday May 20 from 9:00am to 12:00 pm.
The event is open to City residents. Further information s listed in the
flyer attached below.

ATTACHMENTS:
Springcleanupdayflyer2.jpg 5-23.jpg

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AGENDA ITEM NO. XI.A

Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT

DATE: May 9, 2023

SUBMITTED BY: Holli Gudknecht, Police

ITEM TYPE: New Business

AGENDA SECTION: NEW BUSINESS

SUBJECT: Approve Memorial Day Parade for May 31, 2023

SUGGESTED ACTION:
Council approval of the parade route is required by City Code. Parade
information from the Kenyon Color Guard:

The parade will start at 10:30 AM. The parade will run from
Speedway to the cemetery. The parade permit is attached below.

Motion Needed

ATTACHMENTS:
Parade permit.pdf

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AGENDA ITEM NO. XI.B

Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT

DATE: May 9, 2023

SUBMITTED BY: Holli Gudknecht, Legal

ITEM TYPE: New Business

AGENDA SECTION: NEW BUSINESS

SUBJECT: LMCIT Liability Coverage Waiver

SUGGESTED ACTION:
The City Council is annually required to designate whether to waive
the monetary insurance liability limits. State statute limits a city's tort
liability to a maximum of $500,000 per claimant and $1,500,000 per
occurrence. These limits apply whether the claim is against the city,
against the individual officer or employee, or against both. Cities can
choose to waive the state liability limits. Cities can purchase
additional insurance coverage up to $2,000,000 annually. Further
information is contained in a League of MN Cities form in the
packet. In the past the City has not waived the liability limits.

MOTION NEEDED

ATTACHMENTS:
LMC Coverage Waiver Form.pdf

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AGENDA ITEM NO.
XII.A

Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT

DATE: May 9, 2023

SUBMITTED BY: Holli Gudknecht, Administration

ITEM TYPE: Miscellaneous

AGENDA SECTION: F.Y.I. - Department Updates

SUBJECT: FYI

SUGGESTED ACTION: Department Reports

ATTACHMENTS:
DOC050523-001.pdf

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