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AGENDA
CITY COUNCIL REGULAR SESSION
June 13, 2023
7:00 PM
I. CALL TO ORDER AND ROLL CALL
II. CITIZEN COMMENTS
III. ADOPT AGENDA
III.A Agenda
Summary Report
6-13-23 Agenda Council Meeting.docx
Consent Agenda
IV. APPROVAL OF MINUTES and APPOINTMENTS
IV.A Approval of Minutes and Appointments
Summary Report
5-9-23 Closed-Open Meeting minutes.docx
5-9-23 Minutes.doc
V. PRESENTATIONS/PUBLIC HEARINGS
RECOGNITIONS/PROCLAMATIONS
VI. ENGINEERING
VI.A 2023 Street Maintenance (Sealing) project
Approve quote of Corrective Asphalt Materials. $34,935
MOTION NEEDED
Summary Report
01.1_2023 Street Maintenance Project.pdf
01.2_CAM Proposal.pdf
VI.B Pearl Creek Sanitary Sewer Improvements
1. Update on Easements for project
2. Approve Resolution 2023- Approving low bidder for Pearl Creek Sewer project
Summary Report
02.3_Pearl Creek Bid Recommendation Letter.pdf
02.1_2023 Project Summary.pdf
Resolution 2023-12 Pearl Creek_Accepting Bid.docx
VI.C
2023 Street Improvement Project
1
1. Approve Resolution 2023- Approving low bidder for the Street improvement
project.
Summary Report
02.2_2023 Streets Bid Recommendation Letter.pdf
02.1_2023 Project Summary.pdf
Resolution 2023-09 Approving PlanSpec Street project-Ordering Bid
Advertisement.docx
VII. LEGAL
VII.A Request for City to relocate alley/ROW Jeff and Ann Traxler
Summary Report
D2334C.pdf
VII.B Review of new legalized Cannabis law
-Adopt interim Ordinance 102
-Resolution 2023-11 Approving Summary Publication of an Ordinance
Authorizing a Study and Imposing a Moratorium of the Operation of Cannabis
Business
Summary Report
DOCSOPEN-#881560-v1-Memo_Cannabis_Act_Summary.DOCX
DOCSOPEN-#881565-v1-MEMO_Immediate_Changes_to_Law_(Cannabis
Act).DOCX
Resolution 2023-11
Summary_Publication_Resolution_for_Cannabis_Moratorium.docx
ORDINANCE 102 Cannabis Business Interim.docx
VIII. FINANCIAL
IX. OLD BUSINESS
IX.A Request for Chickens within City Limits
Summary Report
DOCSOPEN-#881142-v3-Kenyon_Chicken_Ordinance.DOCX
X. NEW BUSINESS
X.A Juneteenth
-Revise Presonnel Policy
Summary Report
DOC060923-002.pdf
X.B Request to change Police Department Holiday Pay
Summary Report
0189_001.pdf
X.C Approve On-Sale Liquor License - Angie’s
2
Summary Report
DOC060923-002.pdf
X.D Snowdrifter’s donation to Police Dept. for Body Cameras
Summary Report
Snowmobile Club Donation Letter to Council.docx
X.E Request to Remove Sidewalk – David Stenbakken- 712 Home St.
Summary Report
DOC060923-004.pdf
XI. F.Y.I. - Department Updates
XI.A FYI-
Department Updates
Summary Report
FYI 6-13-23.pdf
XII. COUNCIL AND STAFF GENERAL COMMENTS
XIII. ADJOURNMENT
3
AGENDA ITEM NO. III.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 13, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: Agenda
AGENDA SECTION: ADOPT AGENDA
SUBJECT: Agenda
SUGGESTED ACTION: See June agenda City Council attached below.
ATTACHMENTS:
6-13-23 Agenda Council Meeting.docx
4
AGENDA
CITY COUNCIL MEETING
June 13, 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 Closed and regular Meeting Minutes of May 9, 2023
B. Appoint Municipal Liquor Store Employees
VI. PRESENTATIONS/PUBLIC HEARINGS
RECOGNITIONS/PROCLAMATIONS
VII. ENGINEERING
A. 2023 Street Maintenance (Sealing) project
Approve quote of Corrective Asphalt Materials. $34,935
B. Pearl Creek Sanitary Sewer Improvements
1. Update on Easements for project
2. Approve Resolution 2023-12 Accepting bid for 2023 Pearl Creek Sewer Project
C. 2023 Street Improvement Project
1. Approve Resolution 2023-13 Accepting Bid for 2023 Street Improvement Project
VIII. LEGAL
A. Request for City to relocate alley/ROW Jeff and Ann Traxler
B. Review on new legalized Cannabis law
1. Adopt Interim Ordinance No. 102
2. Resolution 2023-11 Approving Summary Publication of an Ordinance
Authorizing a Study and Imposing a Moratorium of the Operation of Cannabis
Business
IX. FINANCIAL
**A. May 2023 Treasurer’s Report
**B. Payment of Claims
X. OLD BUSINESS
A. Request for Chickens within City Limits
5
XI. NEW BUSINESS
A. Juneteenth
B. Request to change Police Department Holiday Pay
C. New On-Sale Liquor License - Angie’s
D. Snowdrifter’s donation to Police Dept. for Body Cameras
E. Request to Remove Sidewalk – David Stenbakken- 712 Home St.
XII. OTHER BUSINESS
A. Schedule of Upcoming Meetings
1. KMU Meeting: Tuesday, June 20th @ 4:00 p.m.
2. City Council Meeting: Tuesday, July 11th @ 7 p.m.
XIII. COUNCIL AND STAFF GENERAL COMMENTS
XIV. ADJOURNMENT
6
AGENDA ITEM NO. IV.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 13, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: Minutes
AGENDA SECTION: APPROVAL OF MINUTES and APPOINTMENTS
SUBJECT: Approval of Minutes and Appointments
SUGGESTED ACTION: See attached closed and regular minutes of 5-9-2023
ATTACHMENTS:
5-9-23 Closed-Open Meeting minutes.docx
5-9-23 Minutes.doc
7
Pursuant to due call and notice thereof, a Special City Council Meeting was duly held in the City
Council chambers at 7:00 p.m. on the 9th day of May 2023.
The following members were present: Mayor Doug Henke, Council Members Kim Helgeson, Lee
Sjolander, and Mary Bailey
Absent: Molly Ryan
Also, present: City Administrator Mark Vahlsing, Police Chief Jeff Sjoblom, and Attorney Scott
Riggs
The closed meeting was called to order by Mayor Henke at 8:06 pm.
Nuisance Abatement at 1 Langford Avenue, Kenyon, MN
Discussion was held on the property abatement enforcement action of 1 Langford Avenue.
Motion by Ryan seconded by Houglum to adjourn the closed session at 8:26 pm.
Motion carried 4-0-0.
The special meeting was called to order at 8:00 pm by Mayor Henke.
General Discussion/Issues
No Discussion
ADJOURNMENT
Motion by Helgeson second by Bailey to adjourn meeting at 8:26 pm.
Motion carried 4-0-0.
Mark Vahlsing, City Administrator Douglas Henke, 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 9th day of May 2023. The meeting was called to order by Mayor Henke.
The following members were present: Mayor Doug Henke, Council Members Kim Helgeson, Lee
Sjolander, Mary Bailey, Molly Ryan (left at 7:45 pm)
Absent: None
Also, present: City Administrator Mark Vahlsing, Police Chief Jeff Sjoblom, Attorney Scott Riggs,
Administrative Assistant Linda Bean, Public Works Director Wayne Ehrich, Cal Bean, Ed Doyle, Mrs.
Doyle
The meeting opened with the Pledge of Allegiance.
CITIZEN COMMENT
Ed Doyle addressed the Council on his opinion on the clean-up and the abatement order on the 1 Langford
property. He felt that the property owner had met the conditions of the abatement order.
ADOPT AGENDA
Motion by Ryan second by Bailey to approve the agenda. Motion carried 5-0-0.
CONSENT AGENDA
Motion by Sjolander second by Bailey to approve the Consent Agenda, which includes payment of check
numbers, 74760 through 74858; 4502E through 4533E.
Motion carried 5-0-0.
PRESENTATIONS/PUBLIC HEARINGS/RECOGNITIONS/PROLAMATIONS
ENGINEERING
2023 Street Improvement Summary
Engineer Olinger provided on update on the status of the Street Improvement Project. He reported that the
2023 street improvement final plans are complete and have been reviewed with public works. The plans are
ready to advertise for bids.
Resolution 2023-09: Approving Plan and Specifications and Ordering Advertisement for Bids 2023 Street
Improvements
Motion by Bailey, second by Ryan to adopt Resolution 2023-09. Motion carried 5-0-0.
Pearl Creek Sanitary Sewer Improvements
Engineer Olinger provided on update on the status of the stated that plans for the Pearl Creek Sewer
project are complete and ready to advertise for bids.
Update on Easements for Project
Engineer Olinger updated the council on the progress of gaining easements for the project.
Resolution 2023-10: Approving Plan and Specifications and Ordering Advertisement for Bids 2023
Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements
Motion by Helgeson second by Henke to adopt Resolution 2023-10. Motion carried 5-0-0.
LEGAL
Request for City to relocate alley/ROW - Jeff and Ann Traxler
Attorney Riggs stated that 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
9
City to help with a planned expansion project of their business. They are also applying for a variance
related to the proposed building project. A planning commission meeting to consider the variance will
be held in late May.
Request for Reasonable Accommodation – Fence
Attorney Riggs stated that the city received a request for Reasonable Accommodation under the Federal
Fair Housing Act (FHA). He stated that 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.
Adopt Reasonable Accommodation Ordinance
Motion by Sjolander second by Ryan to authorize the City Administrator and City Attorney to develop a
reasonable accommodation ordinance.
Roll Call Vote: Henke- Aye, Sjolander – Aye, Bailey – Aye, Ryan – Aye, Helgeson - Aye
Motion carried 5-0-0
OLD BUSINESS
Request for Chickens within City Limits
The City Attorney provided examples of Chicken ordinances and applications from neighboring
communities. City Attorney Riggs reviewed some options for ordinances.
Councilmen Bailey stated that she supported allowing Chickens in the City with restrictions and permitting.
Councilmen Ryan has concerns with enforcement.
Mayor Henke also had concerns with enforcement but he had seen more communities on League of
Minnesota Cities Mayors forum that did allow chickens then didn’t.
Councilmen Sjolander stated that the City Attorney and administrator should write a draft Chicken
ordinance.
Motion by Sjolander second by Bailey to authorize the City Administrator and City Attorney to develop a
draft application and ordinance. Motion carried 5-0-0
Roll Call Vote: Henke- Nay, Sjolander – Aye, Bailey – Aye, Ryan – Aye, Helgeson - Aye
Motion carried 4-1-0
Molly Ryan left the meeting at 7:45 pm
Solid Waste Hauler Agreement
Administrator Vahlsing stated that the current agreement for Solid Waste hauling with Flom Disposal
expires on June 30, 2023. Attorney Riggs developed a new 3-year agreement with Flom Disposal. The
new agreement contains increased rates based on CPI increases for the last two years and higher tipping
fees at the Red Wing Land Fill.
Motion by Henke, second by Bailey to approve 3-year solid waste hauling agreement with Flom
Disposal. Motion Carried 4-0-0
Solid Waste Clean-up Day Update
Administrator Vahlsing stated that a spring clean-up day is scheduled at for Saturday, May 20 from
9:00am to 12:00 pm. at the pool parking lot. The event is open to City residents.
NEW BUSINESS
Approve Memorial Day Parade Permit for May 29, 2023
Mayor Henke stated that the annual Memorial Day parade is going to go down 2nd Street ending with a
10
ceremony at the cemetery.
Motion by Henke, second by Bailey to approve the Memorial Day Parade permit for May 29, 2023.
Motion carried 4-0-0.
LMCIT Liability Coverage Waiver
City Attorney Riggs stated that the City Council is required to decide whether to waive the liability insurance
limits. State statutes limit 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 $3,000,000 annually.
Motion by Sjolander seconded by Helgeson not to waive the LMCIT State Liability limits.
Motion carried 4-0-0.
Schedule of Upcoming Meetings
KMU Meeting: Tuesday, May 16th @ 4:00 p.m.
City Council Meeting: Tuesday, June 13th @ 7 p.m.
COUNCIL AND STAFF GENERAL COMMENTS
Councilmen Sjolander thanked Public Works Superintendent Ehrich and Police Chief Sjoblom
for their recent work.
Councilmen Helgeson discussed the upcoming Farmers Market.
City Administrator Vahlsing welcomed new Finance Director Kelly Perry and thanked Deputy
Clerk/administrative assistant Holli Gudknecht, Administrative Assistant Linda Bean and Sue Dodds for
their work in the interim of the hiring of a new finance director.
Chief Jeff Sjoblom stated that the city had been awarded a grant for new defibrillator units.
Motion by Helgeson second by Bailey to adjourn the meeting at 8:05p.m.
Motion carried 4-0-0.
Mark Vahlsing, City Administrator Douglas Henke, Mayor
11
AGENDA ITEM NO. VI.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 13, 2023
SUBMITTED BY: Mark Vahlsing, Engineering
ITEM TYPE: Engineering
AGENDA SECTION: ENGINEERING
SUBJECT: 2023 Street Maintenance (Sealing) project
Approve quote of Corrective Asphalt Materials. $34,935
MOTION NEEDED
SUGGESTED ACTION: Street maintenance is conducted projects annually consisting of chip
sealing or crack
filling of paved streets. This maintenance work is performed on street
in good condition. Fort 2023 the City Engineer is proposing a
different
type of street maintenance with a product called “Reclamite”. This
process has been utilized by other cites in Minnesota. Further
information from the City Engineer is attached.
ATTACHMENTS:
01.1_2023 Street Maintenance Project.pdf
01.2_CAM Proposal.pdf
12
2023 Street Maintenance Project
The city budgets for street maintenance projects annually. Most commonly, these projects consist of chip sealing or crack
filling of asphalt streets. This type of maintenance work is performed on good condition streets and the work helps to
ensure that life cycle costs of streets are maximized.
This year, we are proposing a slightly different form of street maintenance. The attached proposal is for the application of
a product called “Reclamite”. This is a proprietary product from Corrective Asphalt Materials, out of South Roxanna, IL.
Each year, this contractor mobilizes to the Minnesota to perform this same work for several larger cities near the metro.
Reclamite works by rejuvenating the flexible characteristics of asphalt and sealing the surface from moisture. This product
can only be used on pavements less than 5 years old; therefore, the project area consists of recent projects (Red Wing Ave,
Engel Drive, Centennial Drive, etc. – See attached map). Although this product is new to Kenyon, it has been tried and
true for a decade or more for many cities in Minnesota with good results. In comparison to more traditional chip sealing,
long term maintenance costs appear to be 20%-30% less for Reclamite. Supplemental information is attached.
We solicited for quotes on the work and one proposal was received, as expected when using a proprietary product. The
attached proposal from Corrective Asphalt Materials in the amount of $34,935 is recommended for approval. The city
budgeted approximately $45,000 for maintenance in 2023 – the savings will be used by public works to perform some
additional pavement repairs in town.
Requested Action:
Motion approving Proposal from Corrective Asphalt Materials for the 2023 Street Maintenance Project.
H:\KENYON_CI_MN\_General\Council Meetings\2023\06 - June 2023\01.1_2023 Street Maintenance Project.docx
13
2023 2023 Street
Street Maintenance
Rejuvenator Project
Project Location
May 11, 2023 1:7,200
Estimated Quantities
0 0.05 0.1 0.2 mi
Goodhue County Roads
0 0.07 0.15 0.3 km
CEM; ; OCTY; OCRLN; CTRLN
CSAHP; CRP
SHWY City of Kenyon, MN
Page 1 of 3 Derek Olinger 14
May 17, 2023
Derek Olinger, P.E.
Bolton & Menk, Inc.
Derek.Olinger@bolton-menk.com
Re: City of Kenyon
709 2nd St.
Kenyon, MN. 55946
Corrective Asphalt Materials, LLC, (CAM) thanks you for the opportunity to bid the City of Kenyon Asphalt Preservation Project.
Please accept the following as our formal proposal to apply Reclamite Maltene Based Rejuvenating Agent to selected asphalt
pavement.
Apply Reclamite to 29,000 SY of selected asphalt pavement
CAM’s responsibilities:
o Furnish and apply Reclamite
o Furnish and apply lime screenings
o All traffic control and signs related to project
o Street Sweeping post application
o Posting of no parking signs as needed
o Handle any complaints or issues that may arise from application
Unit Price: $1.13 SY Price: $32,770.00
Mobilization Add: $1,165.00
Total = $34,935
Mike Sumrall, Operations Manager will be contacting you to schedule the project.
Info: mike@cammidwest.com Cell: 630-465-4142
Billing Information (please fill out upon acceptance)
Name : ____________________________ Address: _________________________________
Phone Number: _____________________ _________________________________
Again, thank you for the opportunity. We look forward to providing our professional services.
Sincerely,
Michael Sumrall Colleen West
Operations Manager Business Development
APPROVED BY:
Sign Date
15
orrective The Science of Proactive Asphalt Rejuvenation
sphalt Airports • Roadways
Utilities • Parking Areas
aterials Reclamite®
Petroleum Maltene-Based
Rejuvenating Agent
What is Reclamite?
According to the National Center for Pavement Preservation
“a true asphalt rejuvenator is a maltene-based petroleum
product which has the ability to absorb or penetrate into
an asphaltic concrete pavement and restore those reactive
components (maltenes) that have been lost from the asphalt
cement binder due to the natural process of oxidation.”
Reclamite comprises the same maltene fractions as the
asphalt binder. Reclamite is refined from a naphthenic (wax
free) base that seals and preserves the surface “in-depth”.
How does it work?
Reclamite has been used for more than 50 years and is proven
to add 5-7 years service life to pavements. It penetrates,
rejuvenates and seals the surface by replenishing the lost
maltene fraction in the asphalt binder. Maltene is necessary to
make the surface durable and flexible. Reclamite fluxes with
the asphalt binder, restoring the aggregate/asphalt bond.
When should Reclamite be used? Reclamite prevents raveling and stripping and, by densifying
Reclamite is a “top-of-the-curve” application. Apply to newer the pavement’s surface, it helps address compaction issues,
pavement (less than six years old in northern climates, less reduces surface permeability, and prevents air and moisture
than ten years old in southern climates) that shows minimal intrusion. It adjusts viscosity and penetration values. It does
signs of surface deterioration. not contain degreasers, solvents or creosotes.
Pavement Treated with Reclamite
Road treated with Reclamite
Road with no Maintenance
Road with microsurface or chip seal
Serviceability
Major Rehabilitation Needed
Service Life Added
Pavement Lifetime
16
Main Office (800) 374-5560 • CorrectiveAsphalt.com
How is Reclamite applied?
Reclamite is sprayed like a fog seal. The emulsion is
diluted with water to 60 percent Reclamite. Application
rates average between .05-.08 gallons per square yard. It
is applied in one pass, has a 20-45 minute cure time and
leaves no surface coating. Then a light coating of sand
or limestone screening is applied (1-2 pounds per square
yard). The screenings are swept between 1-2 days after
application. Striping is not compromised and remains
visible throughout the application process.
Application of Reclamite
Cost Comparison Over Time
$500,000
$450,000 HMA Seal Maintenance
$400,000 HMA Overlay
39% Cost
$350,000
Traditional Savings
COST
$300,000
Method Cost
$250,000
$200,000
$150,000
$100,000 Reclamite
$50,000 Method Cost
$0
1 5 9 13 17 21 25 29 33 37 41 45 49 53 57 61
Source: Town of Avon, Indiana Preservation Study. Schneider Engineering Case Study
Presented at Purdue University www.youtube.com/watch?v=dYlDAA2Ey4k
AVON PASER AVG. 1999-2013
7.8
Paved in 2008 Paved in 2007. Treated with
7.7 No treatment Reclamite in 2007
7.6
7.5
7.4
7.3
7.2
7.1
7
6.9
1999 2004 2008 2013
PASER AVG.
Untreated vs.Treated
Chart shows average Paser ratings
increasing after Reclamite program
was initiated
Photo taken in November 2015
17
Main Office (800) 374-5560 • CorrectiveAsphalt.com
Lakeville Reclamite Demo-8/20/2019
Innsbrook @ Ipava Ave
Paved 2018 & Appled at .06 gal/sy
Application 5 Minutes
10 Minutes 18 Minutes Sanded at 18 Minutes
18
2 Weeks Post Treatment 8 Weeks Post Treatment
19
Edina Reclamite- 4 Weeks Post Treatment
Bush Lake Road
Treated
Untreated
Untreated
Treated
20
Rejuvenator – Lombard, IL
Year 7 vs. Year 9
Photo taken in 2015 Photo taken in 2015
• Village of Lombard – paved in 2008, treated in 2009
Photo taken in 2017 Photo taken in 2017
21
AGENDA ITEM NO. VI.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 13, 2023
SUBMITTED BY: Mark Vahlsing, Engineering
ITEM TYPE: Engineering
AGENDA SECTION: ENGINEERING
SUBJECT: Pearl Creek Sanitary Sewer Improvements
1. Update on Easements for project
2. Approve Resolution 2023- Approving low bidder for Pearl
Creek Sewer project
SUGGESTED ACTION: The city received three bids for the project. The low bidder was
BCM Construction of Faribault. Their bid was $1,222,220.22. The
engineer's estimate was $1,510,165. A summary of the bids received
and the resolution approving the low bidder is attached. Due to the
low bid received staff would also recommend approving the low bid
and Alternate 1.
MOTION NEEDED
ATTACHMENTS:
02.3_Pearl Creek Bid Recommendation Letter.pdf
02.1_2023 Project Summary.pdf
Resolution 2023-12 Pearl Creek_Accepting Bid.docx
22
June 8, 2023
Mark Vahlsing
City Administrator
City of Kenyon
709 2nd Street
Kenyon, MN 55946
RE: Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements
City of Kenyon, MN
BMI Project No. 0H1.126462
Dear Mark:
Bids were received and opened at City Hall on Thursday, June 8, 2023 at 10:00am for the project
referenced above. Three bids were received and the results of the bids are tabulated below:
Total Base and
Bidder Base Bid Amount Alternate 1 Amount
Alternate 1 Amount:
BDM Construction
C $1,222,222.22 $19,272.00 $1,241,494.22
Minger Construction Co $1,306,427.90 $21,294.00 $1,327,721.90
Heselton Construction LLC $1,362,495.00 $22,660.00 $1,385,155.00
Engineer’s Estimate $1,510,165.00 $25,900.00 $1,536,065.00
A detailed bid abstract of all the bids is enclosed. If deemed financially feasible, we recommend
awarding the contract to BCM Construction.
Please feel free to contact me if you have any questions.
Sincerely,
Bolton & Menk, Inc.
Derek Olinger, PE
City Engineer
Enclosures
H:\KENYON_CI_MN\0H1126462\6_Plans-Specs\C_Bids Received\126462 Recommendation Letter for Bid Award 06-08-2023.docx
23
ABSTRACT OF BIDS
2023 PEARL CREEK SANITARY SEWER & GATES AVE UTILITY IMPROVEMENTS
CITY OF KENYON, MINNESOTA
BMI PROJECT NO. 0H1.126462
BID DATE: 6/8/2023
TIME: 10:00 AM
Engineer's Estimate BCM Construction Minger Construction Co Inc Heselton Construction LLC
ITEM MnDOT APPROX. Bolton & Menk, Inc. Faribault, MN Jordan, MN Faribault, MN
NO. SPEC NO ITEM QUANT. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
SECTION A - SITE IMPROVEMENTS & RESTORATION
1 2021.501 MOBILIZATION 1 LS $ 85,000.00 $ 85,000.00 $ 55,000.00 $ 55,000.00 $ 55,000.00 $ 55,000.00 $ 65,000.00 $ 65,000.00
2 2101.501 CLEARING AND GRUBBING 1 LS $ 5,000.00 $ 5,000.00 $ 13,125.00 $ 13,125.00 $ 15,000.00 $ 15,000.00 $ 22,500.00 $ 22,500.00
3 2104.507 REMOVE RIPRAP (P) 75 CY $ 20.00 $ 1,500.00 $ 21.00 $ 1,575.00 $ 20.00 $ 1,500.00 $ 45.00 $ 3,375.00
4 2106.601 SITE GRADING 1 LS $ 25,000.00 $ 25,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 46,000.00 $ 46,000.00
5 2108.504 GEOGRID TYPE 1 1130 SY $ 3.00 $ 3,390.00 $ 1.75 $ 1,977.50 $ 3.80 $ 4,294.00 $ 2.50 $ 2,825.00
6 2118.509 AGGREGATE SURFACING CLASS 2 630 TON $ 30.00 $ 18,900.00 $ 25.00 $ 15,750.00 $ 28.00 $ 17,640.00 $ 24.00 $ 15,120.00
7 2531.501 PAVEMENT/CURB/DRIVEWAY PATCHING 1 LS $ 52,000.00 $ 52,000.00 $ 26,500.00 $ 26,500.00 $ 57,000.00 $ 57,000.00 $ 100,000.00 $ 100,000.00
8 2531.504 6" CONCRETE DRIVEWAY (REINFORCED) 160 SY $ 90.00 $ 14,400.00 $ 114.00 $ 18,240.00 $ 95.00 $ 15,200.00 $ 120.00 $ 19,200.00
9 2540.602 BOLLARD 4 EA $ 200.00 $ 800.00 $ 252.00 $ 1,008.00 $ 920.00 $ 3,680.00 $ 1,650.00 $ 6,600.00
10 2563.601 TRAFFIC CONTROL 1 LS $ 5,000.00 $ 5,000.00 $ 4,500.00 $ 4,500.00 $ 4,500.00 $ 4,500.00 $ 4,000.00 $ 4,000.00
11 2575.601 EROSION & SEDIMENTATION CONTROL 1 LS $ 12,000.00 $ 12,000.00 $ 12,000.00 $ 12,000.00 $ 10,500.00 $ 10,500.00 $ 16,000.00 $ 16,000.00
12 2575.601 STABILIZE & REESTABLISH TURF 1 LS $ 36,300.00 $ 36,300.00 $ 15,000.00 $ 15,000.00 $ 34,000.00 $ 34,000.00 $ 26,000.00 $ 26,000.00
13 2123.610 EXPLORATORY EXCAVATION 10 HOUR $ 500.00 $ 5,000.00 $ 400.00 $ 4,000.00 $ 750.00 $ 7,500.00 $ 450.00 $ 4,500.00
14 CONSTRUCTION ALLOWANCE 35000 UNIT $ 1.00 $ 35,000.00 $ 1.00 $ 35,000.00 $ 1.00 $ 35,000.00 $ 1.00 $ 35,000.00
SECTION B - SANITARY SEWER IMPROVEMENTS
15 2104.502 HWY 60 MH & PIPE DISCONNECTIONS 1 LS $ 8,500.00 $ 8,500.00 $ 8,000.00 $ 8,000.00 $ 11,000.00 $ 11,000.00 $ 11,000.00 $ 11,000.00
16 2104.502 REMOVE MANHOLE (SANITARY) 3 EACH $ 650.00 $ 1,950.00 $ 1,500.00 $ 4,500.00 $ 1,825.00 $ 5,475.00 $ 5,400.00 $ 16,200.00
17 2106.507 EXCAVATION - ROCK 180 CY $ 150.00 $ 27,000.00 $ 84.00 $ 15,120.00 $ 91.00 $ 16,380.00 $ 150.00 $ 27,000.00
18 2106.601 DEWATERING 1 LS $ 100,000.00 $ 100,000.00 $ 20,000.00 $ 20,000.00 $ 2,500.00 $ 2,500.00 $ 13,000.00 $ 13,000.00
19 2503.602 CONNECT TO EXISTING SANITARY SEWER MAIN 2 EACH $ 2,000.00 $ 4,000.00 $ 875.00 $ 1,750.00 $ 3,795.00 $ 7,590.00 $ 1,500.00 $ 3,000.00
20 2503.602 CONNECT TO EXISTING SANITARY SEWER SERVICE 2 EACH $ 500.00 $ 1,000.00 $ 600.00 $ 1,200.00 $ 2,555.00 $ 5,110.00 $ 1,500.00 $ 3,000.00
21 2502.602 6" PVC PIPE DRAIN CLEANOUT 3 EACH $ 550.00 $ 1,650.00 $ 400.00 $ 1,200.00 $ 865.00 $ 2,595.00 $ 2,300.00 $ 6,900.00
22 2503.603 8" PVC PIPE SEWER (CREEK CROSSING) 157 LF $ 900.00 $ 141,300.00 $ 1,400.00 $ 219,800.00 $ 900.00 $ 141,300.00 $ 260.00 $ 40,820.00
23 2503.603 8" PVC PIPE SEWER 280 LF $ 150.00 $ 42,000.00 $ 90.00 $ 25,200.00 $ 157.50 $ 44,100.00 $ 110.00 $ 30,800.00
24 2503.603 6" PVC SANITARY SERVICE PIPE 304 LF $ 100.00 $ 30,400.00 $ 102.00 $ 31,008.00 $ 110.50 $ 33,592.00 $ 112.00 $ 34,048.00
25 2503.603 4" FORCE MAIN PIPE 1274 LF $ 75.00 $ 95,550.00 $ 37.00 $ 47,138.00 $ 46.75 $ 59,559.50 $ 98.00 $ 124,852.00
26 2503.604 4" INSULATION 25 SY $ 30.00 $ 750.00 $ 65.00 $ 1,625.00 $ 61.60 $ 1,540.00 $ 78.00 $ 1,950.00
27 2506.502 CONST DRAINAGE STRUCTURE DES 4007 (MH A) 1 EACH $ 10,200.00 $ 10,200.00 $ 7,000.00 $ 7,000.00 $ 17,615.00 $ 17,615.00 $ 17,000.00 $ 17,000.00
28 2506.502 CONST DRAINAGE STRUCTURE (MH B - AIR/VAC RELEASE) 1 EACH $ 33,200.00 $ 33,200.00 $ 5,500.00 $ 5,500.00 $ 13,850.00 $ 13,850.00 $ 11,500.00 $ 11,500.00
29 2506.502 CONST DRAINAGE STRUCTURE DES 4007 (MH C) 1 EACH $ 11,500.00 $ 11,500.00 $ 8,200.00 $ 8,200.00 $ 9,575.00 $ 9,575.00 $ 13,750.00 $ 13,750.00
Abstract
6/8/2023, 11:19 AM Bolton & Menk, Inc. Page 1 of 2
24
ABSTRACT OF BIDS
2023 PEARL CREEK SANITARY SEWER & GATES AVE UTILITY IMPROVEMENTS
CITY OF KENYON, MINNESOTA
BMI PROJECT NO. 0H1.126462
BID DATE: 6/8/2023
TIME: 10:00 AM
Engineer's Estimate BCM Construction Minger Construction Co Inc Heselton Construction LLC
ITEM MnDOT APPROX. Bolton & Menk, Inc. Faribault, MN Jordan, MN Faribault, MN
NO. SPEC NO ITEM QUANT. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
30 2506.502 CONST DRAINAGE STRUCTURE DES 4007 (MH D) 1 EACH $ 11,100.00 $ 11,100.00 $ 8,000.00 $ 8,000.00 $ 9,330.00 $ 9,330.00 $ 11,250.00 $ 11,250.00
31 2506.502 REPLACE & ADJUST CASTING 1 EACH $ 1,100.00 $ 1,100.00 $ 1,350.00 $ 1,350.00 $ 2,350.00 $ 2,350.00 $ 1,750.00 $ 1,750.00
32 2506.502 CONSTRUCT 8" INSIDE DROP (MH C) 1 EACH $ 12,000.00 $ 12,000.00 $ 4,500.00 $ 4,500.00 $ 4,390.00 $ 4,390.00 $ 6,500.00 $ 6,500.00
33 2506.502 CONSTRUCT 8" INSIDE DROP (MH D) 1 EACH $ 7,000.00 $ 7,000.00 $ 4,500.00 $ 4,500.00 $ 4,390.00 $ 4,390.00 $ 6,500.00 $ 6,500.00
34 2506.601 SANITARY SEWER TRACER SYSTEM 1 LS $ 2,500.00 $ 2,500.00 $ 3,000.00 $ 3,000.00 $ 925.00 $ 925.00 $ 1,500.00 $ 1,500.00
35 2503.601 LIFT STATION & VALVE VAULT 1 LS $ 415,000.00 $ 415,000.00 $ 235,090.22 $ 235,090.22 $ 288,775.00 $ 288,775.00 $ 270,000.00 $ 270,000.00
36 2545.601 ELECTRICAL (POWER EXTEN, BACKUP GEN, CONTROL, LIGHT, CONCRETE PADS) 1 LS $ 140,000.00 $ 140,000.00 $ 200,000.00 $ 200,000.00 $ 210,000.00 $ 210,000.00 $ 182,000.00 $ 182,000.00
37 GAS SERVICE ALLOWANCE 8000 UNIT $ 1.00 $ 8,000.00 $ 1.00 $ 8,000.00 $ 1.00 $ 8,000.00 $ 1.00 $ 8,000.00
SECTION C - WATER & ELECTRICAL SYSTEM IMPROVEMENTS
38 2504.602 DISCONNECT EXISTING WATER MAIN 1 EACH $ 1,500.00 $ 1,500.00 $ 500.00 $ 500.00 $ 2,955.00 $ 2,955.00 $ 2,000.00 $ 2,000.00
39 2504.602 CONNECT TO EXISTING WATER MAIN 5 EACH $ 700.00 $ 3,500.00 $ 1,000.00 $ 5,000.00 $ 2,130.00 $ 10,650.00 $ 2,000.00 $ 10,000.00
40 2504.602 HYDRANT (9' BURY) 1 EACH $ 7,000.00 $ 7,000.00 $ 6,500.00 $ 6,500.00 $ 6,895.00 $ 6,895.00 $ 6,800.00 $ 6,800.00
41 2504.602 4" GATE VALVE AND BOX 1 EACH $ 2,600.00 $ 2,600.00 $ 2,000.00 $ 2,000.00 $ 2,160.00 $ 2,160.00 $ 2,400.00 $ 2,400.00
42 2504.602 6" GATE VALVE AND BOX 2 EACH $ 2,800.00 $ 5,600.00 $ 2,250.00 $ 4,500.00 $ 2,530.00 $ 5,060.00 $ 2,750.00 $ 5,500.00
43 2504.602 8" GATE VALVE AND BOX 1 EACH $ 3,600.00 $ 3,600.00 $ 3,000.00 $ 3,000.00 $ 3,880.00 $ 3,880.00 $ 3,600.00 $ 3,600.00
44 2504.603 4" WATERMAIN 16 LF $ 65.00 $ 1,040.00 $ 100.00 $ 1,600.00 $ 81.25 $ 1,300.00 $ 195.00 $ 3,120.00
45 2504.603 6" WATERMAIN 20 LF $ 70.00 $ 1,400.00 $ 100.00 $ 2,000.00 $ 85.75 $ 1,715.00 $ 200.00 $ 4,000.00
46 2504.603 8" WATERMAIN 615 LF $ 75.00 $ 46,125.00 $ 70.00 $ 43,050.00 $ 55.80 $ 34,317.00 $ 95.00 $ 58,425.00
47 2504.608 WATERMAIN FITTINGS 654 LB $ 15.00 $ 9,810.00 $ 13.25 $ 8,665.50 $ 12.60 $ 8,240.40 $ 15.00 $ 9,810.00
48 2504.601 WATERMAIN TRACER SYSTEM 1 LS $ 1,500.00 $ 1,500.00 $ 2,500.00 $ 2,500.00 $ 675.00 $ 675.00 $ 1,500.00 $ 1,500.00
49 2545.503 6" NON-METALLIC CONDUIT 650 LF $ 30.00 $ 19,500.00 $ 57.00 $ 37,050.00 $ 40.50 $ 26,325.00 $ 56.00 $ 36,400.00
50 2545.602 ELECTRICAL VAULT MANHOLE 1 EACH $ 2,000.00 $ 2,000.00 $ 10,500.00 $ 10,500.00 $ 11,500.00 $ 11,500.00 $ 10,500.00 $ 10,500.00
TOTAL BASE BID AMOUNT: $ 1,510,165.00 $ 1,222,222.22 $ 1,306,427.90 $ 1,362,495.00
ALTERNATE 1 - LS SITE PAVING
1.01 2021.501 PAVING MOBILIZATION 1 LS $ 2,500.00 $ 2,500.00 $ 1,800.00 $ 1,800.00 $ 1,950.00 $ 1,950.00 $ 1,600.00 $ 1,600.00
1.02 2360.509 TYPE SP 12.5 WEARING COURSE MIXTURE (2,B) (SINGLE 3" LIFT) 156 TON $ 150.00 $ 23,400.00 $ 112.00 $ 17,472.00 $ 124.00 $ 19,344.00 $ 135.00 $ 21,060.00
TOTAL ALTERNATE 1 BID AMOUNT: $ 25,900.00 $ 19,272.00 $ 21,294.00 $ 22,660.00
TOTAL BASE AND ALTERNATE 1 BID AMOUNT: $ 1,536,065.00 $ 1,241,494.22 $ 1,327,721.90 $ 1,385,155.00
Abstract
6/8/2023, 11:19 AM Bolton & Menk, Inc. Page 2 of 2
25
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 6 TH 60 SHEET NUMBER SHEET TITLE
709 Second Street
Kenyon, MN 55946
507-529-5129
TH 5 GENERAL
Northern Natural Gas
Phone: 507-789-6415
Kay Klemmer G0.01 - G0.02 TITLE SHEET & LEGEND
507-456-1137
City Administrator:
R G1.01 STATEMENT OF ESTIMATED QUANTITIES
IVE
Mark Vahlsing
TELEPHONE
R G2.01 LOCATION & TRAFFIC CONTROL PLAN
BRO
Mayor: Doug Henke Frontier Communications
ZUM
Richard Schrantz (Mi-Tech)
612-368-9068
ORK
City Council Members:
Kim Helgeson
NF 0 CIVIL
/6
Molly Ryan CenturyLink
56
David Haedtke
Mary Bailey
C0.01 - C0.03 EXISTING CONDITIONS & REMOVAL PLAN
TH
Lee Sjolander 769-786-0750 EK
City Engineer: Jaguar Communications
LC
RE C1.01 LIFT STATION DETAILS
Derek Olinger, P.E. Michael S. Broadwater
Bolton & Menk, Inc. 507-214-0236 AR C1.02 SANITARY SEWER DETAILS
2900 43rd St NW, Suite 100
C1.03 WATER SYSTEM DETAILS
T
SLEE S
Rochester, MN 55901 CABLE PE
507-525-2685 Mediacom
derek.olinger@bolton-menk.com Paul Cousineau C1.04 SURFACE & RESTORATION DETAILS
507-456-1745
Utility Superintendent (Electric & C1.05 EROSION & SEDIMENT CONTROL DETAILS
REET
PROJECT LOCATION
Water):
Randy Eggert C1.06 - C1.08 TRACER WIRE DETAILS
507-838-6023
utility@cityofkenyon.com C2.01 - C2.05 SWPPP, EROS & SEDIMENT CONTROL PLAN
ET
S STRE C3.01 GRADING & SITE PLAN
CROS
Public Works Director (Street &
Sewer):
Wayne Ehrich C4.01 - C4.04 PEARL CREEK SANITARY SEWER PLAN & PROFILE
507-273-1953 MART STREET C4.05 GATES AVE UTILITY PLAN & PROFILE
publicworks@cityofkenyon.com
ELECTRICAL
T
S TREE E1.01 ELECTRICAL SYMBOLS AND ABBREVIATIONS
PINE STREET PINE E1.02 LIFT STATION ELECTRICAL PLAN
E1.03 - E1.04 ELECTRICAL DETAILS
RED WING AVE LANGFORD AVE
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
PEA THIS PLAN SET CONTAINS 30 SHEETS.
LAW. NOTIFY GOPHER STATE ONE CALL, 1-800-252-1166 OR
GATES AVE
651-454-0002. RL
THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS CRE
UTILITY QUALITY LEVEL D UNLESS OTHERWISE NOTED. THIS
EK
UTILITY LEVEL WAS DETERMINED ACCORDING TO THE
TH 60 2ND STREET
GUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD
GUIDELINES FOR THE COLLECTION AND DEPICTION OF
CSAH 12 0 250 500
EXISTING SUBSURFACE UTILITY DATA."
R
SCALE FEET
KENYON
c Bolton & Menk, Inc. 2023, All Rights Reserved
MAP LEGEND CS BUSINESS
AH PARK
MAP OF THE
CITY OF KENYON
TH 12 GOODHUE COUNTY, MN
PROJECT LIMITS
CITY HALL
56
PUBLIC WORKS SHOP HOME STREET PROJECT DATUM:
RECORD DRAWING
INFORMATION
H:\KENYON_CI_MN\0H1126462\CAD\C3D\126462G001.dwg 5/26/2023 7:53:18 PM
OBSERVER:
HORIZONTAL:
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
DPO SHEET
BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED 2900 43RD STREET NW, SUITE 100 1 BID 05/27/2023
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
LW
DPO
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 26
2023 Project Summary
2023 Street Improvements and 2023 Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements
Easements – Pearl Creek Sanitary Sewer
Over this past month, we have continued negotiations with property owners to acquire easements. Several minor plan
revisions have been made to accommodate owner requests to date. Some additional modifications may still be required
before we have agreements ready for council consideration.
If the council elects to award contracts at the upcoming meeting, it will be several months before the contractor will be
able to start due to equipment lead-times. No work would actually be allowed to begin until easements are acquired.
Bids Received
On Thursday June 8th, we opened bids for both the 2023 Street Project and the Pearl Creek Sewer Project. Three bids were
received for each project and pricing came in well below our previous estimates. The low bid for the projects is provided
below:
Project Engineer’s Estimate Low Bid
2023 Street Improvements $547,705.00 $450,693.95 (18% less)
(Bituminous Materials, Inc - Faribault, MN)
Pearl Creek Sanitary/Gates Ave Utility $1,536,065.00 $1,241,494.22 (19% less)
(BCM Construction - Faribault, MN)
Note: Costs above include base bid and all alternates.
Additional details for all bids received are included in the attached bid recommendation letters.
Funding
Total project cost summaries have been updated with the low bid pricing and are provided below.
Project Component Revenue Source
Streets/General Sanitary Sewer Water Electric
Construction $451,000 $1,072,000 $122,000 $48,000
Contingency $14,000 $32,000 $2,000 $2,000
Eng, Admin, Easements $125,000 $413,000 $33,000 $5,000
Financing $19,000 $48,000 $5,000 $0
Totals $608,000 $1,566,000 $163,000 $54,000
Total Project Cost $2,390,000
Bond Amount $2,337,000 ~$250,000 less than March 2023 Financing update
Notes: Costs rounded to nearest $1,000. Gates Ave electrical work will not be financed. Costs assume all alternates are awarded.
It should be noted that awarding both alternates for the 2023 street project (State St and Washington St in SEMMCRA
development) will cause an ~18% increase in street spending, in comparison to previous projections. This is because the
state and Washington Street alternates were previously estimated to be beyond the amount approved in the 2022 CIP. The
council may consider awarding both alternates given the low pricing and poor condition of those streets.
H:\KENYON_CI_MN\_General\Council Meetings\2023\06 - June 2023\02.1_2023 Project Summary.docx
27
Page: 2
Sanitary sewer costs will see a ~20% decrease, which will help to bring this project closer to original projections in the
2022 CIP.
The City’s financial advisor will be present during the July meeting to review the bond sale for this year’s projects. Final
bond sizing will depend on the awarded alternates. If the council elects to delay awarding any of the contracts, it would be
appropriate to specify the desired alternates so we can continue the project financing process.
Council Actions:
Approve Resolution Accepting Bid: 2023 Street Improvements
o Specify award for Alternate 1 (State Street) and Alternate 2 (Washington Street)
Approve Resolution Accepting Bid: 2023 Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements
o Specify award for Alternate 1 (Lift Station Driveway Paving)
28
RESOLUTION 2023-12
CITY OF KENYON
COUNTY OF GOODHUE
STATE OF MINNESOTA
RESOLUTION ACCEPTING BID
2023 PEARL CREEK SANITARY SEWER & GATES AVE UTILITY IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids 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, bids
were received, opened, and tabulated according to the law, and the following bids were received
complying with the advertisement:
Alternate 1
(Pave Lift Station
Bidder Base Bid Driveway)
BCM Construction, Inc. $1,222,222.22 $19,272.00
Minger Construction Co $1,306,427.90 $21,294.00
Heselton Construction LLC $1,362,495.00 $22,660.00
AND WHEREAS, it appears that BCM Construction, Inc. of Faribault, MN is the lowest responsible
bidder,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF KENYON, MINNESOTA:
1. The mayor and city administrator are hereby authorized and directed to enter into the attached
contract with BCM Construction, Inc. of Faribault, MN in the name of the city of Kenyon for the
2023 Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements project according to the
plans and specifications therefor approved by the city council and on file at City Hall.
2. The city council hereby authorizes the following portions of work:
Project Component Awarded
Base Bid _______
Alternate 1 (Pave Lift Station Driveway) _______
3. Authorization to proceed with Gates Ave utility work is contingent upon KMU approval.
4. The city administrator is hereby authorized and directed to return forthwith to all bidders the
deposits made with their bids, except that the deposits of the successful bidder and the next
lowest bidder shall be retained until a contract has been signed.
Adopted by the City Council of the City of Kenyon on this 13th day of June, 2023.
__________________________
Douglas Henke, Mayor
ATTEST:
_____________________________
Mark Vahlsing, City Administrator
29
AGENDA ITEM NO. VI.C
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 13, 2023
SUBMITTED BY: Mark Vahlsing, Engineering
ITEM TYPE: Engineering
AGENDA SECTION: ENGINEERING
SUBJECT:
2023 Street Improvement Project
1. Approve Resolution 2023- Approving low bidder for the
Street improvement project.
SUGGESTED ACTION: The city received three bids for the project. The low bidder was
Bituminous Materials Inc of Faribault in the amount of $344,862.
The engineers estimate for the project was $406,591. A summary of
the bids received and the resolution approving the low bidder is attached.
Due to the low bid received staff would also recommend approving
Alternates 1 and 2.
MOTION NEEDED
ATTACHMENTS:
02.2_2023 Streets Bid Recommendation Letter.pdf
02.1_2023 Project Summary.pdf
Resolution 2023-09 Approving PlanSpec Street project-Ordering Bid Advertisement.docx
30
June 8, 2023
Mark Vahlsing
City Administrator
City of Kenyon
709 2nd Street
Kenyon, MN 55946
RE: 2023 Street Improvements
City of Kenyon, MN
BMI Project No. 0H1.127340
Dear Mark:
Bids were received and opened at City Hall on Thursday, June 8, 2023 at 10:00am for the project
referenced above. Three bids were received and the results of the bids are tabulated below:
Base Bid Alternate 1 Alternate 2 Total Base Bid &
Bidder
Amount State St Washington St Alternates
Bituminous Materials Inc $340,862.40 $53,594.20 $56,237.35 $450,693.95
Crane Creek Asphalt $349,839.39 $55,427.62 $58,318.61 $463,585.62
SL Contracting Inc $396,754.10 $67,249.00 $71,434.50 $535,437.60
Engineer’s Estimate $406,591.00 $69,816.00 $71,298.00 $547,705.00
A detailed bid abstract of all the bids is enclosed. If deemed financially feasible, we recommend
awarding the contract to Bituminous Materials Inc.
Please feel free to contact me if you have any questions.
Sincerely,
Bolton & Menk, Inc.
Derek Olinger, PE
City Engineer
Enclosures
H:\KENYON_CI_MN\0H1127340\6_Plans-Specs\C_Bids Received\127340 Recommendation Letter for Bid Award 06-08-2023.docx
31
ABSTRACT OF BIDS
2023 STREET IMPROVEMENTS
CITY OF KENYON, MINNESOTA
BMI PROJECT NO. 0H1.127340
BID DATE: 6/8/2023
TIME: 10:15 AM
Engineer's Estimate Bituminous Materials Inc Crane Creek Asphalt SL Contracting Inc
ITEM MnDOT APPROX. Bolton & Menk, Inc. Faribault, MN Faribault, MN Rochester, MN
NO. SPEC NO ITEM QUANT. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
BASE BID
1 2021.501 MOBILIZATION 1 LS $ 30,000.00 $ 30,000.00 $ 20,000.00 $ 20,000.00 $ 30,632.00 $ 30,632.00 $ 40,000.00 $ 40,000.00
2 2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH) 60 LF $ 4.00 $ 240.00 $ 7.00 $ 420.00 $ 5.50 $ 330.00 $ 10.00 $ 600.00
3 2104.503 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) 570 LF $ 4.00 $ 2,280.00 $ 4.00 $ 2,280.00 $ 1.80 $ 1,026.00 $ 4.00 $ 2,280.00
4 2104.503 REMOVE CURB AND GUTTER OR VALLEY GUTTER 465 LF $ 8.00 $ 3,720.00 $ 9.50 $ 4,417.50 $ 6.00 $ 2,790.00 $ 10.00 $ 4,650.00
5 2104.504 REMOVE CONCRETE DRIVEWAY OR WALK 73 SY $ 8.00 $ 584.00 $ 8.50 $ 620.50 $ 15.00 $ 1,095.00 $ 15.00 $ 1,095.00
6 2104.504 REMOVE BITUMINOUS PAVEMENT 545 SY $ 6.00 $ 3,270.00 $ 6.75 $ 3,678.75 $ 9.00 $ 4,905.00 $ 4.00 $ 2,180.00
7 2106.507 EXCAVATION - SUBGRADE 180 CY $ 20.00 $ 3,600.00 $ 19.00 $ 3,420.00 $ 33.00 $ 5,940.00 $ 17.00 $ 3,060.00
8 2106.507 STABILIZING AGGREGATE (CV) 180 CY $ 50.00 $ 9,000.00 $ 31.50 $ 5,670.00 $ 45.00 $ 8,100.00 $ 45.00 $ 8,100.00
9 2106.619 MINOR GRADING & EXCAVATION 11.32 ROAD STA $ 1,500.00 $ 16,980.00 $ 600.00 $ 6,792.00 $ 750.00 $ 8,490.00 $ 595.00 $ 6,735.40
10 2118.509 AGGREGATE SURFACING CLASS 2 45 TON $ 30.00 $ 1,350.00 $ 23.25 $ 1,046.25 $ 50.00 $ 2,250.00 $ 30.00 $ 1,350.00
11 2211.504 AGGREGATE BASE REGRADE/REPAIR 80 SY $ 50.00 $ 4,000.00 $ 20.50 $ 1,640.00 $ 50.00 $ 4,000.00 $ 10.00 $ 800.00
12 2231.604 BITUMINOUS PATCH SPECIAL 545 SY $ 60.00 $ 32,700.00 $ 36.90 $ 20,110.50 $ 29.00 $ 15,805.00 $ 32.00 $ 17,440.00
13 2232.504 MILL BITUMINOUS SURFACE (2") 3570 SY $ 3.00 $ 10,710.00 $ 2.25 $ 8,032.50 $ 3.95 $ 14,101.50 $ 2.20 $ 7,854.00
14 2232.504 MILL BITUMINOUS SURFACE (FULL DEPTH) 3480 SY $ 8.00 $ 27,840.00 $ 2.00 $ 6,960.00 $ 4.15 $ 14,442.00 $ 1.59 $ 5,533.20
15 2301.602 DRILL AND GROUT DOWEL BAR 98 EACH $ 15.00 $ 1,470.00 $ 18.00 $ 1,764.00 $ 16.00 $ 1,568.00 $ 20.00 $ 1,960.00
16 2357.506 BITUMINOUS MATERIAL FOR TACK COAT 489 GAL $ 3.00 $ 1,467.00 $ 3.60 $ 1,760.40 $ 0.01 $ 4.89 $ 8.50 $ 4,156.50
17 2360.509 TYPE SP 12.5 WEARING COURSE MIXTURE (2,B) 1595 TON $ 115.00 $ 183,425.00 $ 97.50 $ 155,512.50 $ 92.00 $ 146,740.00 $ 115.00 $ 183,425.00
18 2504.602 ADJUST VALVE BOX 10 EACH $ 200.00 $ 2,000.00 $ 425.00 $ 4,250.00 $ 550.00 $ 5,500.00 $ 290.00 $ 2,900.00
19 2504.602 REPLACEMENT VALVE BOX TOP SECTION 4 EACH $ 100.00 $ 400.00 $ 760.00 $ 3,040.00 $ 680.00 $ 2,720.00 $ 345.00 $ 1,380.00
20 2506.502 ADJUST FRAME & CASTING (STORM SWR CURB INLET) 1 EACH $ 600.00 $ 600.00 $ 1,150.00 $ 1,150.00 $ 1,250.00 $ 1,250.00 $ 1,400.00 $ 1,400.00
21 2506.502 ADJUST FRAME & CASTING (MH - DONUT CUTOUT) 10 EACH $ 1,000.00 $ 10,000.00 $ 2,725.00 $ 27,250.00 $ 1,650.00 $ 16,500.00 $ 3,240.00 $ 32,400.00
22 2506.502 REPLACEMENT FRAME & CASTING 3 EACH $ 600.00 $ 1,800.00 $ 685.00 $ 2,055.00 $ 1,570.00 $ 4,710.00 $ 1,100.00 $ 3,300.00
23 2506.502 CAST-IN-PLACE CURB INLET REPLACEMENT 1 EACH $ 1,000.00 $ 1,000.00 $ 1,050.00 $ 1,050.00 $ 2,500.00 $ 2,500.00 $ 2,900.00 $ 2,900.00
24 2531.503 CONCRETE CURB AND GUTTER (ALL TYPES) 365 LF $ 40.00 $ 14,600.00 $ 50.00 $ 18,250.00 $ 52.00 $ 18,980.00 $ 57.00 $ 20,805.00
25 2531.618 TRUNCATED DOMES 8 SF $ 60.00 $ 480.00 $ 62.50 $ 500.00 $ 65.00 $ 520.00 $ 70.00 $ 560.00
26 2531.504 6" CONCRETE DRIVEWAY/WALK PAVEMENT 120 SY $ 110.00 $ 13,200.00 $ 89.00 $ 10,680.00 $ 88.00 $ 10,560.00 $ 117.00 $ 14,040.00
27 2531.604 7" CONCRETE VALLEY GUTTER 85 SY $ 135.00 $ 11,475.00 $ 104.50 $ 8,882.50 $ 44.00 $ 3,740.00 $ 70.00 $ 5,950.00
28 2563.601 TRAFFIC CONTROL 1 LS $ 5,000.00 $ 5,000.00 $ 3,800.00 $ 3,800.00 $ 3,600.00 $ 3,600.00 $ 5,000.00 $ 5,000.00
29 2573.502 STORM DRAIN INLET PROTECTION 12 EACH $ 200.00 $ 2,400.00 $ 215.00 $ 2,580.00 $ 170.00 $ 2,040.00 $ 200.00 $ 2,400.00
30 2575.602 MINOR ROADSIDE GRADING & TURF RESTORATION 1 EACH $ 1,000.00 $ 1,000.00 $ 3,250.00 $ 3,250.00 $ 5,000.00 $ 5,000.00 $ 2,500.00 $ 2,500.00
31 N/A CONSTRUCTION ALLOWANCE 10000 UNIT $ 1.00 $ 10,000.00 $ 1.00 $ 10,000.00 $ 1.00 $ 10,000.00 $ 1.00 $ 10,000.00
BASE BID TOTAL $ 406,591.00 $ 340,862.40 $ 349,839.39 $ 396,754.10
Abstract
6/8/2023, 11:47 AM Bolton & Menk, Inc. Page 1 of 2 32
ABSTRACT OF BIDS
2023 STREET IMPROVEMENTS
CITY OF KENYON, MINNESOTA
BMI PROJECT NO. 0H1.127340
BID DATE: 6/8/2023
TIME: 10:15 AM
Engineer's Estimate Bituminous Materials Inc Crane Creek Asphalt SL Contracting Inc
ITEM MnDOT APPROX. Bolton & Menk, Inc. Faribault, MN Faribault, MN Rochester, MN
NO. SPEC NO ITEM QUANT. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
ALTERNATE 1 - STATE STREET
1.01 2021.501 MOBILIZATION 1 LS $ 5,000.00 $ 5,000.00 $ 3,400.00 $ 3,400.00 $ 3,210.00 $ 3,210.00 $ 10,000.00 $ 10,000.00
1.02 2104.503 REMOVE CURB AND GUTTER 60 LF $ 8.00 $ 480.00 $ 13.25 $ 795.00 $ 6.00 $ 360.00 $ 10.00 $ 600.00
1.03 2106.507 EXCAVATION - SUBGRADE 85 CY $ 20.00 $ 1,700.00 $ 19.00 $ 1,615.00 $ 33.00 $ 2,805.00 $ 17.00 $ 1,445.00
1.04 2106.507 STABILIZING AGGREGATE (CV) 85 CY $ 50.00 $ 4,250.00 $ 33.00 $ 2,805.00 $ 45.00 $ 3,825.00 $ 45.00 $ 3,825.00
1.05 2106.619 MINOR GRADING & EXCAVATION 4.86 ROAD STA $ 1,500.00 $ 7,290.00 $ 550.00 $ 2,673.00 $ 750.00 $ 3,645.00 $ 700.00 $ 3,402.00
1.06 2232.504 MILL BITUMINOUS SURFACE (FULL DEPTH) 1240 SY $ 8.00 $ 9,920.00 $ 2.25 $ 2,790.00 $ 4.15 $ 5,146.00 $ 1.00 $ 1,240.00
1.07 2301.602 DRILL AND GROUT DOWEL BAR 6 EACH $ 15.00 $ 90.00 $ 18.00 $ 108.00 $ 16.00 $ 96.00 $ 20.00 $ 120.00
1.08 2357.506 BITUMINOUS MATERIAL FOR TACK COAT 62 GAL $ 3.00 $ 186.00 $ 3.60 $ 223.20 $ 0.01 $ 0.62 $ 8.50 $ 527.00
1.09 2360.509 TYPE SP 12.5 WEARING COURSE MIXTURE (2,B) 300 TON $ 115.00 $ 34,500.00 $ 97.50 $ 29,250.00 $ 92.00 $ 27,600.00 $ 115.00 $ 34,500.00
1.1 2504.602 ADJUST VALVE BOX 1 EACH $ 200.00 $ 200.00 $ 500.00 $ 500.00 $ 550.00 $ 550.00 $ 290.00 $ 290.00
1.11 2506.502 ADJUST FRAME & CASTING (STORM SWR CURB INLET) 1 EACH $ 600.00 $ 600.00 $ 1,150.00 $ 1,150.00 $ 1,250.00 $ 1,250.00 $ 1,500.00 $ 1,500.00
1.12 2506.502 ADJUST FRAME & CASTING (MH - DONUT CUTOUT) 1 EACH $ 1,000.00 $ 1,000.00 $ 2,650.00 $ 2,650.00 $ 1,650.00 $ 1,650.00 $ 3,400.00 $ 3,400.00
1.13 2531.503 CONCRETE CURB AND GUTTER (ALL TYPES) 60 LF $ 40.00 $ 2,400.00 $ 57.00 $ 3,420.00 $ 52.00 $ 3,120.00 $ 70.00 $ 4,200.00
1.14 2573.502 STORM DRAIN INLET PROTECTION 1 EACH $ 200.00 $ 200.00 $ 215.00 $ 215.00 $ 170.00 $ 170.00 $ 200.00 $ 200.00
1.15 N/A CONSTRUCTION ALLOWANCE 2000 UNIT $ 1.00 $ 2,000.00 $ 1.00 $ 2,000.00 $ 1.00 $ 2,000.00 $ 1.00 $ 2,000.00
ALTERNATE 1 BID TOTAL $ 69,816.00 $ 53,594.20 $ 55,427.62 $ 67,249.00
ALTERNATE
ALTERNATE 2 -2 -WASHINGTON
WASHINGTONSTREET
STREET $ - $ - $ - $ - $ -
2.01 2021.501 MOBILIZATION 1 LS $ 5,000.00 $ 5,000.00 $ 3,400.00 $ 3,400.00 $ 3,189.00 $ 3,189.00 $ 10,000.00 $ 10,000.00
2.02 2104.503 REMOVE CURB AND GUTTER 80 LF $ 8.00 $ 640.00 $ 10.75 $ 860.00 $ 6.00 $ 480.00 $ 10.00 $ 800.00
2.03 2106.507 EXCAVATION - SUBGRADE 85 CY $ 20.00 $ 1,700.00 $ 18.75 $ 1,593.75 $ 33.00 $ 2,805.00 $ 17.00 $ 1,445.00
2.04 2106.507 STABILIZING AGGREGATE (CV) 85 CY $ 50.00 $ 4,250.00 $ 33.00 $ 2,805.00 $ 45.00 $ 3,825.00 $ 45.00 $ 3,825.00
2.05 2106.619 MINOR GRADING & EXCAVATION 4.73 ROAD STA $ 1,500.00 $ 7,095.00 $ 550.00 $ 2,601.50 $ 750.00 $ 3,547.50 $ 700.00 $ 3,311.00
2.06 2232.504 MILL BITUMINOUS SURFACE (FULL DEPTH) 1210 SY $ 8.00 $ 9,680.00 $ 2.00 $ 2,420.00 $ 4.15 $ 5,021.50 $ 1.00 $ 1,210.00
2.07 2301.602 DRILL AND GROUT DOWEL BAR 15 EACH $ 15.00 $ 225.00 $ 18.00 $ 270.00 $ 16.00 $ 240.00 $ 20.00 $ 300.00
2.08 2357.506 BITUMINOUS MATERIAL FOR TACK COAT 61 GAL $ 3.00 $ 183.00 $ 3.60 $ 219.60 $ 0.01 $ 0.61 $ 8.50 $ 518.50
2.09 2360.509 TYPE SP 12.5 WEARING COURSE MIXTURE (2,B) 295 TON $ 115.00 $ 33,925.00 $ 97.50 $ 28,762.50 $ 92.00 $ 27,140.00 $ 115.00 $ 33,925.00
2.1 2506.502 ADJUST FRAME & CASTING (STORM SWR CURB INLET) 3 EACH $ 600.00 $ 1,800.00 $ 1,150.00 $ 3,450.00 $ 1,250.00 $ 3,750.00 $ 1,500.00 $ 4,500.00
2.11 2506.502 ADJUST FRAME & CASTING (MH - DONUT CUTOUT) 1 EACH $ 1,000.00 $ 1,000.00 $ 2,650.00 $ 2,650.00 $ 1,650.00 $ 1,650.00 $ 3,400.00 $ 3,400.00
2.12 2531.503 CONCRETE CURB AND GUTTER (ALL TYPES) 80 LF $ 40.00 $ 3,200.00 $ 57.00 $ 4,560.00 $ 52.00 $ 4,160.00 $ 70.00 $ 5,600.00
2.13 2573.502 STORM DRAIN INLET PROTECTION 3 EACH $ 200.00 $ 600.00 $ 215.00 $ 645.00 $ 170.00 $ 510.00 $ 200.00 $ 600.00
2.14 N/A CONSTRUCTION ALLOWANCE 2000 UNIT $ 1.00 $ 2,000.00 $ 1.00 $ 2,000.00 $ 1.00 $ 2,000.00 $ 1.00 $ 2,000.00
ALTERNATE 2 BID
TOTAL SECTION D - STORM SEWER TOTAL
IMPROVEMENTS $ 71,298.00 $ 56,237.35 $ 58,318.61 $ 71,434.50
TOTAL BID AMOUNT BASE BID + ALTERNATES $ 547,705.00 $ 450,693.95 $ 463,585.62 $ 535,437.60
Abstract
6/8/2023, 11:47 AM Bolton & Menk, Inc. Page 2 of 2 33
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
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
C1.01 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
utility@cityofkenyon.com
2ND ST/TH60
C6.07 STATE STREET (ALT 1) & WASHINGTON STREET (ALT 2)
2ND ST/TH60
2ND ST/TH 60
Public Works Director (Street
2ND ST/TH 60
BULLIS ST
& Sewer):
Wayne Ehrich
THIS PLAN SET CONTAINS 10 SHEETS.
WASHINGTON ST
507-273-1953
publicworks@cityofkenyon.com
3RD ST
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.
NOTE: PRIVATE UTILITIES WERE NOT LOCATED AS PART OF 6TH ST R
SPRING ST FOREST ST
DESIGN. THIS INFORMATION MUST BE LOCATED IN FIELD.
HUSETH ST/CSAH 12
THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS
UTILITY QUALITY LEVEL D UNLESS OTHERWISE NOTED. THIS
UTILITY LEVEL WAS DETERMINED ACCORDING TO THE 7TH ST
GUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD 0 300 600
WASHINGTON ST
GUIDELINES FOR THE COLLECTION AND DEPICTION OF 7TH ST
STATE ST BULLIS ST
EXISTING SUBSURFACE UTILITY DATA." SCALE FEET
c Bolton & Menk, Inc. 2023, All Rights Reserved
MAP LEGEND
8TH ST
PROJECT LIMITS (BASE BID)
8TH ST
PROJECT LIMITS (ALTERNATE BID)
RECORD DRAWING
INFORMATION
H:\KENYON_CI_MN\0H1127340\CAD\C3D\127340CG001.dwg 5/19/2023 11:30:07 AM
PROJECT DATUM: OBSERVER:
HORIZONTAL: CONTRACTOR:
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 1 BID 05/19/2023
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
RLC
DPO
2023 STREET IMPROVEMENTS
G0.01
54287
R
www.bolton-menk.com CLIENT PROJ. NO. TITLESHEET
LIC. NO. DATE 05/09/2023 0H1.127340 34
2023 Project Summary
2023 Street Improvements and 2023 Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements
Easements – Pearl Creek Sanitary Sewer
Over this past month, we have continued negotiations with property owners to acquire easements. Several minor plan
revisions have been made to accommodate owner requests to date. Some additional modifications may still be required
before we have agreements ready for council consideration.
If the council elects to award contracts at the upcoming meeting, it will be several months before the contractor will be
able to start due to equipment lead-times. No work would actually be allowed to begin until easements are acquired.
Bids Received
On Thursday June 8th, we opened bids for both the 2023 Street Project and the Pearl Creek Sewer Project. Three bids were
received for each project and pricing came in well below our previous estimates. The low bid for the projects is provided
below:
Project Engineer’s Estimate Low Bid
2023 Street Improvements $547,705.00 $450,693.95 (18% less)
(Bituminous Materials, Inc - Faribault, MN)
Pearl Creek Sanitary/Gates Ave Utility $1,536,065.00 $1,241,494.22 (19% less)
(BCM Construction - Faribault, MN)
Note: Costs above include base bid and all alternates.
Additional details for all bids received are included in the attached bid recommendation letters.
Funding
Total project cost summaries have been updated with the low bid pricing and are provided below.
Project Component Revenue Source
Streets/General Sanitary Sewer Water Electric
Construction $451,000 $1,072,000 $122,000 $48,000
Contingency $14,000 $32,000 $2,000 $2,000
Eng, Admin, Easements $125,000 $413,000 $33,000 $5,000
Financing $19,000 $48,000 $5,000 $0
Totals $608,000 $1,566,000 $163,000 $54,000
Total Project Cost $2,390,000
Bond Amount $2,337,000 ~$250,000 less than March 2023 Financing update
Notes: Costs rounded to nearest $1,000. Gates Ave electrical work will not be financed. Costs assume all alternates are awarded.
It should be noted that awarding both alternates for the 2023 street project (State St and Washington St in SEMMCRA
development) will cause an ~18% increase in street spending, in comparison to previous projections. This is because the
state and Washington Street alternates were previously estimated to be beyond the amount approved in the 2022 CIP. The
council may consider awarding both alternates given the low pricing and poor condition of those streets.
H:\KENYON_CI_MN\_General\Council Meetings\2023\06 - June 2023\02.1_2023 Project Summary.docx
35
Page: 2
Sanitary sewer costs will see a ~20% decrease, which will help to bring this project closer to original projections in the
2022 CIP.
The City’s financial advisor will be present during the July meeting to review the bond sale for this year’s projects. Final
bond sizing will depend on the awarded alternates. If the council elects to delay awarding any of the contracts, it would be
appropriate to specify the desired alternates so we can continue the project financing process.
Council Actions:
Approve Resolution Accepting Bid: 2023 Street Improvements
o Specify award for Alternate 1 (State Street) and Alternate 2 (Washington Street)
Approve Resolution Accepting Bid: 2023 Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements
o Specify award for Alternate 1 (Lift Station Driveway Paving)
36
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
37
AGENDA ITEM NO.
VII.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 13, 2023
SUBMITTED BY: Mark Vahlsing, Legal
ITEM TYPE: Legal
AGENDA SECTION: LEGAL
SUBJECT: Request for City to relocate alley/ROW Jeff and Ann Traxler
SUGGESTED ACTION: The survey showing the new location of the alley area has been
completed by Rapp Surveying. They are completing the legal
description. Once the legal description is received the City attorney
can compete the deeds for the land exchange. The planning
Commission approved a setback variance for a new commercial
building on Traxler's property. A copy of the relocated alley survey
is attached.
ATTACHMENTS:
D2334C.pdf
38
39
AGENDA ITEM NO.
VII.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 13, 2023
SUBMITTED BY: Mark Vahlsing, Legal
ITEM TYPE: Legal
AGENDA SECTION: LEGAL
SUBJECT: Review of new legalized Cannabis law
-Adopt interim Ordinance 102
-Resolution 2023-11 Approving Summary Publication of an
Ordinance Authorizing a Study and Imposing a Moratorium of the
Operation of Cannabis Business
SUGGESTED ACTION: The City Attorney will provide an update on the newly passed law
legalizing Cannabis. Summaries of the new law, a copy of the
interim ordinance and resolution are attached.
Ordinance 102 MOTION NEEDED
Resolution 2023-11 MOTION NEEDED
ATTACHMENTS:
DOCSOPEN-#881560-v1-Memo_Cannabis_Act_Summary.DOCX
DOCSOPEN-#881565-v1-MEMO_Immediate_Changes_to_Law_(Cannabis Act).DOCX
Resolution 2023-11 Summary_Publication_Resolution_for_Cannabis_Moratorium.docx
ORDINANCE 102 Cannabis Business Interim.docx
40
Kennedy & Graven
Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
MEMORANDUM
TO: City of Kenyon
FROM: Scott Riggs, city attorney
Jason Hill and Joseph Sathe, attorneys
DATE: June 9, 2023
RE: Summary of cannabis legalization and city roles and regulations
______________________________________________________________________________
I. Introduction
This memorandum provides a summary of the cannabis legalization (the “Act”) that Governor
Walz signed into law on May 30, 2023, and identifies the potential, although limited, regulatory
options available to Minnesota cities, including the ability of the City to adopt a moratorium that
would remain in place until January 1, 2025. This memorandum does not include a summary of
all provisions of the Act, which is approximately 319 pages long, but rather focuses on key
provisions that may impact the City of Kenyon (herein, the “City”).
Most provisions of the Act take effect on either July 1, 2023, or August 1, 2023. However, certain
changes related to edible cannabinoid products (the products authorized in 2022) went into effect
on May 31, 2023, the day after the Act was signed. Those changes are addressed in a separate
memorandum to the City, also dated June 5, 2023.
II. State Agency and Licensing
A. Office of Cannabis Management
The stated purpose of the Act includes (1) elimination of the illicit market for cannabis, (2) meeting
the market demand for cannabis, (3) promoting a craft industry for cannabis, and (4) prioritizing
growth and recovery in communities that have experienced a disproportionate, negative impact
from cannabis prohibition.
The Act creates the Minnesota Office of Cannabis Management (“OCM”), which will have several
very broad powers and duties that include, in general: establishing rules and regulating the
industry, promoting economic growth, issuance and renewal of licenses, inspections, and
authorizing research and studies. The regulation of medical cannabis, which is already legal in
1
KE200\1\881560.v1
41
Minnesota, will also transfer to the OCM effective March 1, 2025. The director of the OCM is
appointed by the Governor with the consent of the Senate. The Act also requires the creation of a
Division of Social Equity within the OCM to “engage with the community and administer grants
to communities that experienced a disproportionate, negative impact from cannabis prohibition
and usage in order to promote economic development, improve social determinants of health,
provide services to prevent violence, support early intervention programs for youth and families,
and promote community stability and safety.”
B. State Licensing and Rulemaking
The Act establishes licenses, to be issued by the OCM, and licensing processes, for the following
businesses (all of which are expressly defined in the Act):
cannabis microbusiness;
cannabis mezzobusiness;
cannabis cultivator;
cannabis manufacturer;
cannabis retailer;
cannabis wholesaler;
cannabis transporter;
cannabis testing facility;
cannabis event organizer;
cannabis delivery service;
lower-potency hemp edible manufacturer;
lower-potency hemp edible retailer;
medical cannabis cultivator;
medical cannabis processor;
medical cannabis retailer; or
medical cannabis combination business.
A license is not required for the sale of hemp-derived topical products.
The provision establishing the OCM has an effective date of July 1, 2023, and it authorizes
expedited state rulemaking. Under the expedited process, an agency publishes notice of its
proposed rule(s) in the State Register and mails notices to those who have requested notice. The
agency must then allow at least 30 days for comment. At the end of the comment period, and after
an administrative law judge approves the form and legality, the agency may adopt the rule(s).
Unlike the customary rulemaking process, there is no opportunity for public hearings under the
expedited process unless the legislature specifically provides for this opportunity. Technically, the
OCM could adopt rules within 30 days and start issuing licenses after that rulemaking is completed.
However, given the scope of the task at hand, it seems apparent that rulemaking will not be
completed for a significant period of time. The State must go through the process of establishing
the OCM and retaining employees before it can even start the rulemaking process. According to
the League of Minnesota Cities’ website, the authors of the Act anticipate that the first retail
licenses for products will be issued sometime in 2024.
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C. Communications with Cities
Cities will be involved, to an extent, in the OCM’s licensing process. Upon receipt of an
application for a license, the OCM is required to contact the City and provide it with 30 days in
which to provide input on the application. Within 30 days of receiving a copy of an application
for a cannabis business license from the OCM, the City shall certify on a form provided by the
OCM whether a proposed cannabis business complies with local zoning ordinances and, if
applicable, whether the proposed business complies with the state fire code and building code. The
City can provide the OCM with any additional information it believes is relevant to the OCM’s
decision on whether to issue a license, including, but not limited to, identifying concerns about the
proposed location of a cannabis business or sharing public information about an applicant.
The OCM will establish an expedited complaint process to receive, review, and respond to
complaints made by cities about a cannabis business. Complaints may include alleged violations
of local ordinances or other alleged violations. At a minimum, the expedited complaint process
will require the OCM to provide an initial response to the complaint within seven days and perform
any necessary inspections within 30 days.
If the City notifies the OCM that a cannabis business (other than a cannabis retailer, cannabis
microbusiness with a retail operations endorsement, cannabis mezzobusiness, lower-potency hemp
edible retailer, medical cannabis retailer, or medical cannabis combination business) poses an
immediate threat to the health or safety of the public, the OCM must respond within one business
day and may take certain enforcement action against said business.
III. Local Control and Obligations
As expected, the degree of local control available to cities is extremely limited. However, there
are a few options in the Act that the City can pursue.
A. General Regulatory and Zoning Authority
The Act expressly provides that a city cannot prohibit the possession, transportation, or use of
cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products authorized under the statutes, and a city may not prohibit the establishment or operation
of a cannabis business licensed under state statute. However, the City may adopt “reasonable
restrictions on the time, place, and manner of the operation of a cannabis business provided
that such restrictions do not prohibit the establishment or operation of cannabis businesses.”
The OCM is tasked with working with local governments to develop model ordinances that
includes these provisions, standardized forms, and procedures for the issuance of retail registration
(see below) and model policies and procedures for compliance checks.
The Act also allows regulation on distances from certain types of buildings/uses through zoning
regulations. Specifically, cities may prohibit the operation of a cannabis business within 1,000 feet
of a school or 500 feet of a day care, residential treatment facility, or an attraction within a public
park that is regularly used by minors, including a playground or athletic field.
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Additionally, cities can limit, by ordinance, the number of cannabis retailers, cannabis
mezzobusinesses with a retail operations endorsement, and cannabis microbusinesses with a
retail operation to no fewer than one registration for every 12,500 residents. A city may also allow
licensed cannabis retailers in excess of these minimums. It is important to note that the language
of the ordinance must reference “registrations” as opposed to licenses. Furthermore, if a county
has one active registration for every 12,500 county residents, a city within the county is not
obligated to register a cannabis business. The Act does not address when populations don’t exactly
match the 12,500 number or multiples thereof, and whether cities should round up or round down.
The future OCM rules may address this question.
In the zoning context, the Act also requires that prior to the issuance of a cannabis business license,
the OCM “shall request a land use compatibility statement from the city, town, or county that
authorizes the land use. The land use compatibility statement must demonstrate that the requested
license is for a land use that is allowable within the given zoning designation where the land is
located. The OCM may not issue a license if the land use compatibility statement shows that the
proposed land use is prohibited in the applicable zone or if the applicant has failed to meet the land
use requirements of the jurisdiction. A city that receives such a request must act on the request
within 21 days of receipt if the use is allowable and has applied for and received all necessary land
use approvals. Based on the language used in the Act, it is unclear if the OCM will also be
requesting land use compatibility statement for lower potency hemp licenses. Again, that might
be clarified in the OCM rules. As a general rule, structures housing cannabis businesses must also
comply with local building and fire regulations.
B. Interim Ordinance/Moratorium
The Act provides that if a city is “conducting studies or has authorized a study to be conducted or
has held or has scheduled a hearing for the purpose of considering adoption or amendment of
reasonable restrictions on the time, place, and manner of the operation of a cannabis business, the
governing body of the local unit of government may adopt an interim ordinance applicable to all
or part of its jurisdiction for the purpose of protecting the planning process and the health, safety,
and welfare of its citizens.” As part of this interim ordinance, a city may prohibit a cannabis
business from opening in its jurisdictional boundaries until January 1, 2025. Before adopting
the interim ordinance, a city must hold a public hearing. There are no specific provisions regarding
notice or other public hearing guidelines. The City should determine now whether it wants to
adopt a moratorium on cannabis businesses as authorized by the Act, which will provide the City
some time to consider what options are available and what policy direction is most desirable.
Adopting an interim ordinance will also allow the City to consider the not-yet-established rules
and model ordinance the OCM will develop. Given all of the questions and uncertainties
surrounding the Act and its potential impacts, it is recommended that the City adopt such a
moratorium after July 1, 2023.
C. City Cannabis Store/Liquor Store Sales
If a city desires, it may establish, own, and operate a municipal cannabis store subject to the
restrictions in the Act. Liquor stores may also sell edible cannabinoids immediately with the
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passage of the Act. That said, prior to selling any of these products, it is recommended that cities
first confirm with their insurance carrier whether they have adequate liability coverage in place.
D. Retailer Registration
1. General Provisions
The Act requires the following retailers to register with the City prior to making sales to customers
or patients:
A cannabis microbusiness with a retail operations endorsement;
Cannabis mezzobusiness with a retail operations endorsement;
Cannabis retailer;
Medical cannabis retailer;
Medical cannabis combination business; and
Lower-potency hemp edible retailer.
The registration requirement does not apply to other cannabis businesses (manufacturers,
wholesalers, cultivators, transporters, etc.). The City may impose an initial retail registration
fee of $500, or up to half the amount of the applicable initial license fee paid to the State,
whichever is less. The City may also impose a renewal retail registration fee of $1,000, or up
to half the amount of the applicable renewal license fee paid to the State, whichever is less.
The initial license fee includes the fee for initial registration and the first annual renewal.
Therefore, renewal fees must be charged by the City at the time of the second renewal and each
subsequent annual renewal thereafter. The City cannot charge an application fee, and a cannabis
business with a cannabis and medical cannabis retail license for the same location can only be
charged a single registration fee. For reference, the following are the fees charged by the State:
Cannabis microbusiness: initial license fee of $0 and a renewal license fee of $2,000;
Cannabis mezzobusiness: an initial license fee of $5,000 and a renewal license fee of
$10,000;
Cannabis retailer: an initial license fee of $2,500 and a renewal license fee of $5,000;
Medical cannabis retailer: an initial license fee of $0 and a renewal license fee of $0;
Medical cannabis combination business: an initial license fee of $20,000 and a renewal
license fee of $70,000; and
Lower-potency hemp edible retailer: an initial license fee of $250 per retail location and a
renewal license fee of $250 per retail location.
2. Registration Obligations Imposed Upon the City
The City must issue a registration if the business meets certain criteria (valid license, paid fees,
compliant with preliminary check and current on property taxes). Before issuing a retail
registration, the City can conduct a “preliminary compliance check” to ensure that the
cannabis business is in compliance with the applicable operation requirements and the limits
on the types of products that may be sold. When the OCM renews a license, the City must renew
the registration.
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Registration creates additional obligations on the part of the City. The City is required to
“conduct compliance checks of every cannabis business and hemp business with a retail
registration issued by” the City. The checks must assess compliance with age verification
requirements, the applicable operation requirements, and the applicable limits on the types of
products being sold. Checks regarding compliance with operation requirement and the limits on
the types of products sold must be performed at least once each calendar year and may be
performed by a law enforcement officer or another City employee.
Similar to tobacco licensing, the City is also required to conduct unannounced age
verification compliance checks at least once each calendar year. Age verification compliance
checks must involve persons at least 17 years of age, but under the age of 21, who, with the prior
written consent of a parent or guardian if the person is under the age of 18, attempt to purchase
adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-
derived consumer products under the direct supervision of a law enforcement officer or an
employee of the City.
3. Registration Suspension
If the City determines that a cannabis business or hemp business with a retail registration is
not operating in compliance with the statute or that it poses an immediate threat to the health
or safety of the public, the City may suspend the retail registration of the cannabis business
or hemp business. The City must immediately notify the OCM of the suspension and include a
description of the grounds for the suspension. The OCM will review the suspension and may order
reinstatement of the retail registration or other licensed based penalties or enforcement action. The
retail registration suspension may not exceed 30 days unless the OCM suspends the license and
operating privileges of the cannabis business or hemp business for a longer period or revokes the
license. The City may reinstate the retail registration if the City determines that any violation has
been cured. The City must reinstate the retail registration if the OCM orders reinstatement.
Sales are prohibited without registration, and the City may impose a civil penalty of up to $2,000
for each violation of the registration provisions.
4. Retailer Operation Standards
The Act includes operational standards for retail facilities, which are regulated by the State. A few
standards that the City may want to know about are below:
Cannabis retailers are authorized to sell a variety of other products.
A cannabis retailer may operate up to five retail locations in the state.
A person, cooperative, or business holding a cannabis retailer license may also hold a
cannabis delivery service license, a medical cannabis retailer license, and a cannabis event
organizer license. It cannot hold or operate any other cannabis business.
No person, cooperative, or business may hold a license to own or operate more than one
cannabis retail business in one city and three retail businesses in one county. A restriction
on the number or type of license a business may hold applies to every cooperative member
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or every director, manager, and general partner of a cannabis business. (This is potentially
an issue for current cannabis business that appear to be very interconnected.)
The Act also establishes hours of operation for cannabis retailers, but the City can by ordinance,
further restrict the hours of sale. The Act prohibits sales during the following hours:
On Sundays, except between the hours of 11:00 a.m. and 6:00 p.m.;
Before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday;
On Thanksgiving Day and Christmas Day; and
After 8:00 p.m. on Christmas Eve, December 24.
Any additional reasonable restriction on hours imposed by the City within the Act’s
requirements.
IV. Data Practices Implications
The Act includes data practices provisions that expressly apply to the OCM and indirectly apply
to the City. Application data submitted by an applicant for a cannabis business license or hemp
business license, other than the specific data listed in Minnesota Statutes, section 342.20 is not
public, as is the identity of a complainant who has made a report concerning a license holder or an
applicant that appears in inactive investigative data unless the complainant consents to the
disclosure. Keep in mind, however, that even though the OCM receives the application or may
receive the complaint, the protection travels with the data, so if the City receives any of that data
from the OCM, the applicant, or the complainant, then the protected data classification applies.
Once an applicant for a cannabis business license or hemp business license becomes a license
holder, most of the application data that the license holder previously submitted become public
data with a few exceptions.
V. Local Government Cannabis Aid/Revenue Sharing
The Act includes aid to local governments. With regard to cities, it provides:
Beginning for aid payable in 2024, the amount available for aid to cities equals 50 percent
of the amount certified in that year to the commissioner (balance of the local government
cannabis aid account in the special revenue fund).
The amount available “must be distributed proportionally to each city according to the
number of cannabis businesses located in the city as compared to the number of cannabis
businesses in all cities as of the most recent certification.
Beginning in fiscal year 2025 and annually thereafter, the amount in the local government
cannabis aid account in the special revenue fund is annually appropriated to the
commissioner of revenue to make the aid payments.
The local government cannabis aid account is funded with state sales revenue. Specifically, state
tax revenue is divided as follows: 80 percent to the general fund and 20 percent to the local
government cannabis aid account in the special revenue fund.
VI. Additional Act Highlights
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A cannabis event organizer must receive City approval, including obtaining any necessary
permits or licenses issued by the City, before holding a cannabis event.
Upon City approval, a cannabis event may designate an area for consumption of adult-use
cannabis flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived
consumer products, or any combination of those items.
The Act creates a private cause of action for a “nuisance” with relief being limited to
injunctive relief and the “greater of the person’s actual damages or a civil penalty of $250.”
If a landlord or association “fails to enforce the terms of a lease, governing document, or
policy related to the use of adult-use cannabis flower on the premises or property, a person
who is injuriously affected or whose personal enjoyment is lessened by a nuisance . . . as a
result of the failure to enforce the terms may bring an action against the landlord or
association seeking injunctive relief and the greater of the person's actual damages or a
civil penalty of $500.”
The State imposes a sales tax of 10% on sales, in addition to existing taxes that may apply
to sales. Cities are prohibited from imposing a tax on the sale of cannabis products.
The Act includes provisions for certain grants, and cities are eligible participants for many
of the grants.
The Act includes regulatory provisions enforced by the State, including packaging,
labeling, testing, and advertising.
VII. Scope of Personal Adult Use of Cannabis
Under the Act, personal use cannabis for a person 21 years of age or older is allowed as follows
(cities cannot establish stricter regulations):
Use, possess, or transport cannabis paraphernalia;
Possess or transport two ounces or less of adult-use cannabis flower in a public place;
Possess two pounds or less of adult-use cannabis flower in the individual's private
residence;
Possess or transport eight grams or less of adult-use cannabis concentrate;
Possess or transport edible cannabis products or lower-potency hemp edibles infused with
a combined total of 800 milligrams or less of THC;
Give for no remuneration to an individual who is at least 21 years of age:
o two ounces or less of adult-use cannabis flower;
o eight grams or less of adult-use cannabis concentrate; or
o an edible cannabis product or lower-potency hemp edible infused with 800
milligrams or less of THC; and
Use adult-use cannabis flower and adult-use cannabis products in the following locations:
o A private residence, including the individual's curtilage or yard;
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o On private property, not generally accessible by the public, unless the individual
is explicitly prohibited from consuming adult-use cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products on the
property by the owner of the property; or
o On the premises of an establishment or event licensed to permit on-site
consumption.
Up to eight cannabis plants, with no more than four being mature, may be grown at a
single residence without a license to cultivate cannabis provided cultivation takes place
at the primary residence of an individual 21 years of age or older and in an enclosed,
locked space that is not open to public view.
VIII. Human Resources Considerations
In light of the Act, there are employment/human resources provisions that will trigger amendments
to the City’s personnel policies. Some considerations by cities as employers will include:
Drug testing and how policies are written. The Act redefines the term “drug” to not include
specified cannabis products, separates newly created “cannabis testing” from “drug
testing”, includes limitations to such cannabis testing, and, as confusing as it seems, lists
the instances, based on type of job, when cannabis use can be treated as a “drug” for
purposes of “drug testing” rather than a cannabis product subject to “cannabis testing.”
Impact of the Act with respect to CDL holders and safety-sensitive employees.
Impact of the Act regarding statutory protection of off-duty use of legal products under
Minn. Stat. § 181.938. The Act expands the statutory protections to the newly legalized
products. However, the Act specifically states that section 181.938 does not limit an
employer's ability to discipline or discharge an employee for cannabis flower, cannabis
product, lower-potency hemp edible, or hemp-derived consumer product use, possession,
impairment, sale, or transfer during working hours, on work premises, or while operating
an employer's vehicle, machinery, or equipment, or if a failure to do so would violate
federal or state law or regulations or cause an employer to lose a monetary or licensing-
related benefit under federal law or regulations.
IX. Further Limitations on Use of Cannabis
Use in public is not allowed. Indeed, a city may adopt an ordinance establishing a petty
misdemeanor offense for a person who unlawfully uses cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products in a public place
provided that the definition of public place does not include the following:
o a private residence, including the person's curtilage or yard;
o private property not generally accessible by the public, unless the person is
explicitly prohibited from consuming cannabis flower, cannabis products, lower-
potency hemp edibles, or hemp-derived consumer products on the property by the
owner of the property; or
o the premises of an establishment or event licensed to permit on-site consumption.
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Use in a vehicle is not allowed and operation while impaired is still unlawful.
Use in schools is not allowed.
Use in areas where smoking is prohibited is not allowed.
Cannot “vaporize or smoke cannabis flower, cannabis products, artificially derived
cannabinoids, or hemp-derived consumer products in any location where the smoke,
aerosol, or vapor would be inhaled by a minor.”
“A proprietor of a family or group family day care program must disclose to parents or
guardians of children cared for on the premises of the family or group family day care
program, if the proprietor permits the smoking or use of cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products on the
premises outside of its hours of operation. Disclosure must include posting on the premises
a conspicuous written notice and orally informing parents or guardians. Cannabis flower
or cannabis products must be inaccessible to children and stored away from food products.”
Extraction of cannabis concentrate using solvents is not allowed without a license.
X. Summary of Key Impacts to the City
On or after July 1, 2023:
o City may adopt an interim ordinance and moratorium through January 1, 2025.
o The City may adopt “reasonable restrictions on the time, place, and manner of the
operation of a cannabis business provided that such restrictions do not prohibit the
establishment or operation of cannabis businesses.” There will be model ordinances
prepared, but they likely will not be available for a significant period of time.
o The City can enforce other ordinances. Based on the language of the Act, this would
include public nuisance provisions.
o The City can, by ordinance, limit the number of licensed cannabis retailers,
cannabis mezzobusinesses with a retail operations endorsement, and cannabis
microbusinesses with a retail operations endorsement in the City, but it can go no
lower than one registration for every 12,500 residents. If the county has one active
registration for every 12,500 residents in the county, the City is not obligated to
register a cannabis business.
Once state rulemaking and licensing begins:
o Within 30 days of receipt, the City must certify to the OCM that an applicant’s
proposed business plan complies with local zoning ordinances and, if applicable,
whether the proposed business complies with the state fire code and building code.
o The City can give OCM additional relevant information prior to the issuance of a
license, including concerns about the proposed location of a cannabis business or
sharing public information about an applicant.
o The City can charge limited registration fees for businesses that have to register
with the City. The City has no discretion as to the issuance of the registration or the
maximum amount of the fees.
o The City has limited authority to suspend a registration, but the ultimate license
authority rests with the OCM.
o Before issuing a retail registration, the City can conduct a “preliminary compliance
check” to ensure that the cannabis business is in compliance with the applicable
operation requirements and the limits on the types of products that may be sold.
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o The City must conduct compliance and age verification checks for retailers
registered in the City on an annual basis. The compliance checks must assess
compliance with age verification requirements, the applicable operation
requirements, and the applicable limits on the types of products being sold.
o The Act provides retailer hours of operation, but the City can limit those hours a
little further by ordinance.
o The City may establish, own, and operate a municipal cannabis store subject to the
restrictions in the statutes.
o A cannabis event organizer must receive City approval, including obtaining any
necessary permits or licenses issued by the City, before holding a cannabis event.
XI. Conclusion and Recommendation
As you might glean from the information summarized above, the Act is extensive and contains
numerous provisions, many of which are still being interpreted and reconciled. It is anticipated
that OCM is still many months away from rulemaking and license issuance. That said, due to all
of the uncertainty around potential rules and impacts, it is strongly recommended that the
City adopt an interim ordinance after July 1, 2023 to allow it ample time to establish local
regulations that satisfy any of the City’s potential policy concerns within the extent
authorized. Following the adoption of such an interim ordinance, the City would have until
January 1, 2025 to establish reasonable restrictions on the time, place and manner of the operation
of cannabis businesses. This will also provide time to make important decisions and review model
ordinances as they are made available. The interim ordinance would not necessarily need to remain
in effect through January 1, 2025 should the City determine how it wishes to regulate prior to then.
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Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
MEMORANDUM
TO: City of Kenyon
FROM: Scott Riggs, City Attorney
Joseph Sathe, Assistant City Attorney
DATE: June 9, 2023
RE: Summary of immediately effective changes to Minnesota Statutes, section 151.72
(2022 legalized edible cannabinoid products)
______________________________________________________________________________
I. Introduction
The purpose of this memorandum is to provide guidance on the impact of the recently enacted
cannabis legalization bill (the “Act”) to Minnesota Statutes, section 151.72, which you might recall
was amended in 2022 and resulted in the expanded sales of hemp-derived THC products in
Minnesota. The Governor signed the Act on May 30, 2023. Unlike the majority of the provisions
in the Act, which take effect on July 1, 2023, the provisions amending section 151.72 are effective
immediately. In addition to amending section 151.72, the Act also amends Minnesota Statues,
section 340A.412 to allow edible cannabinoid products to be sold at exclusive liquor stores.
However, before a city decides to sell these products, it should first confirm with its insurance
provider that adequate liability coverage is in place.
II. Regulation for Sales
The Act clarifies what types of products are considered under the two categories of products
created in 2022: 1) nonintoxicating cannabinoids; 2) edible cannabinoid products.
A. Nonintoxicating Cannabinoids
Previous guidance from the Minnesota Board of Pharmacy provided that nonintoxicating
cannabinoids could include a wide range of products that could be ingested by humans and animals
in many ways. The Act limits nonintoxicating cannabinoid products to products that are meant for
external application only, but which do not produce an intoxicating effect when consumed by any
route of administration. The new language explicitly prohibits the sale of nonintoxicating
nonedible products meant for vaping or inhaling of smoke, chewing, drinking, swallowing,
injection, or by application to the mucus membrane.
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B. Edible Cannabinoid Products
The definition of edible cannabinoid products remains the same – a product that is intended to be
eaten or consumed as a beverage by humans, contains a cannabinoids in combination with food
ingredients, and is not a drug – but a number of minor changes contained in the Act impact the
sale edible cannabinoid products.
1. Likeness
In addition to the previous requirements specific to edible cannabinoid products, such as the
requirement that they not bear resemblance to a real or fictional person, animal, or fruit that appeals
to children, be modeled after a brand of products primarily consumed or marketed to children, or
be made by applying an extracted or concentrated hemp-derived cannabinoid to a commercially
available candy or food snack item, they now also must not be substantially similar to a meat food
product; poultry food product, or dairy product (the latter two have statutory definitions elsewhere
in law).
2. Beverage Serving Size
Edible cannabinoid products that are meant to be consumed as a beverage may contain no more
than two servings (5 mg per serving means a beverage may contain no more than 10 mg per
package). The limits for edible cannabinoid products that are not intended to be consumed as a
beverage remain the same – 50 mg of any THC total per package and each serving must be
differentiated by wrapping, scoring or other indicator, and must not contain more than 5 mg of any
THC.
3. Type of THC Allowed
The Act adds new definitions for “artificially derived cannabinoid” and “synthetically derived
cannabinoids.” Artificially derived cannabinoids are cannabinoids derived from hemp that are
changed after extraction and synthetically derived cannabinoids are substances with a similar
chemical structure and have a similar impact to a cannabinoid, but which are not extracted or
derived from hemp plants or parts. The Act clarifies that an edible cannabinoid product may
contain delta-8 or delta-9 cannabinoids that is extracted or derived from the hemp plant or is an
artificially derived cannabinoid but edible cannabinoid products cannot contain a synthetically
derived cannabinoid (not derived or extracted from hemp).
4. Display and Storage
The Act requires that all edible cannabinoid products available for retail sale must be displayed
behind the checkout counter where the public is not permitted or in a locked case. This display
and storage requirement does not apply to edible cannabinoid products meant to be consumed as
beverages.
The Act adds additional and specific age verification requirements. Retailers must verify that a
client is over the age of 21 before completing a sale. Proof of age can be established only via
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passport, driver’s license, Tribal ID, state ID, or instructional permit. Retailers may seize IDs if
they believe them to be falsified or used in violation of the law but must then deliver the same to
law enforcement within 24 hours of seizure.
5. Exclusive Liquor Store Sales Authorized
In addition to amending Minnesota Statutes, section 151.72, the Act amends Minnesota Statutes,
section 340A.412 to specifically allow exclusive liquor stores to sell edible cannabinoid products.
C. On-Site Consumption – Edible Cannabinoid Products and Nonintoxicating
Cannabinoids
Products may be sold for on-site consumption if the retailer has an on-sale liquor license under
Minnesota Statutes, section 340A. Additionally, products must be served in their original
packaging and cannot be sold to patrons who a retailer knows or should reasonably know is
intoxicated. Retailers cannot permit the products to be mixed with alcohol, and products that are
removed from packaging must be consumed on-site. This change allows the on-site consumption
of both nonintoxicating cannabinoid products and edible cannabinoid products, including both
traditional edibles and products meant to be consumed as beverages.
D. Regulations for Testing
The Act adds a definition for “batch.” A batch is a specified amount of product that must meet
certain manufacturing requirements, a portion of which is then submitted to the testing facility.
Each batch must be tested and each label must identify the batch. The Act also requires additional
testing and disclosure requirements.
Manufacturers must submit a sample of each batch of products for testing to an accredited,
independent laboratory before July 2, 2023. The manufacturer must further disclose to the lab all
known information regarding pesticides, fertilizers, solvents, and other foreign materials applied
or added to the hemp during manufacturing. The commissioner of health is entitled to review test
results at any time.
E. Regulations for Registration
The Act also transitions the state level enforcement of aspects of Minnesota Statutes, section
151.72 to the Minnesota Department of Health. All individuals selling edible cannabinoid products
must register with the Minnesota Department of Health on or before October 1, 2023. Selling
without registration after that date is prohibited.
F. Penalties for Violations
The new legislation makes violating or falsifying records to comply with Minnesota Statutes,
section 151.72 a gross misdemeanor punishable by a $3,000 fine, up to one year imprisonment, or
both.
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III. Termination of Minnesota Statues, section 151.72
Under the Act, Minnesota Statues, section 151.72 will be automatically repealed on March 1, 2025.
The Act also contains regulations for products defined as “lower-potency hemp edibles” which are
defined similarly (but not the same) as edible cannabinoid products, although it is still unclear how
the transition between Minnesota Statues, section 151.72, i.e., edible cannabinoid products, to
lower-potency hemp edibles will occur between now and March 1, 2025.
IV. Conclusions; Next Steps
The amendments to Minnesota Statues, section 151.72 make clarifications to the types of products
that may be sold as edible cannabinoid products, increase testing and labeling requirements, and
provide for additional criteria and requirements related to sales. In addition, changes to Minnesota
Statutes, section 340A.412 allows edible cannabinoid products to be sold in exclusive liquor stores.
That said, if a city wishes to sell these products in, for example, a municipal liquor store, it should
first check with its insurance carrier to confirm that proper coverage is in place. It is my
understanding that, as of the date of this memorandum, the League of Minnesota Cities Insurance
Trust (LMCIT) is still determining how to proceed under the new law.
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RESOLUTION NO. 2023-11
CITY OF KENYON
COUNTY OF GOODHUE
STATE OF MINNESOTA
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE
AUTHORIZING A STUDY AND IMPOSING A MORATORIUM ON THE
OPERATION OF CANNABIS BUSINESSES
WHEREAS, the City Council of the City of Kenyon acted at its
June 13, 2023 meeting to adopt Ordinance No. 101, “An Interim Ordinance Authorizing a
Study and Imposing a Moratorium on the Operation of Cannabis Businesses”
(“Ordinance”); and
WHEREAS, Minnesota Statutes, section 412.191, subdivision 4 allows publication of
adopted ordinances by title and summary in the case of lengthy ordinances or those containing
charts or maps; and
WHEREAS, the City Council determines publishing the entire text of the Ordinance is
not in the best interests of the City as the Ordinance is lengthy and is readily available to the
public by contacting City Hall; and
WHEREAS, the City Council determines the following summary clearly informs the
public of the intent of Ordinance and where to obtain a copy of the full text.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Kenyon hereby approves the following summary language as publication of the Ordinance:
CITY OF KENYON
SUMMARY PUBLICATION
Ordinance No. 101
AN INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING A
MORATORIUM ON THE OPERATION OF CANNABIS BUSINESSES
The Kenyon City Council adopted the above-referenced ordinance at its meeting on June 13,
2023. The ordinance is an interim ordinance authorizing a study and imposing a moratorium on
the operation of cannabis businesses, as defined by Minnesota Statutes, within the City. The
ordinance includes citations to authority and legislative findings, definitions of terms used, and
provides for a study regarding the adoption or amendment of reasonable restrictions on the time,
place, and manner of the operation of cannabis businesses, as well as the other potential local
regulations allowed under Minnesota Statutes. The ordinance provides that the moratorium is in
effect upon publication and will be in place until January 1, 2025, unless repealed earlier.
Exceptions from the moratorium include (1) the continued operation of a business as part of the
Medical Cannabis Program administered by the Minnesota
KG400-1-880687.v2
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Department of Health that was lawfully operating within the City prior to July 1, 2023, (2) the
lawful sale of edible cannabinoid products in compliance with Minnesota Statutes, section
151.72 and (3) sales of edible cannabinoid products at an exclusive liquor store in accordance
with Minnesota Statutes, section 340A.412, subdivision 14. The full text of the ordinance is
available by contacting City Hall.
BE IT FURTHER RESOLVED by the City Council that the City Clerk keep a copy of the
Ordinance at City Hall for public inspection, place a copy in a public location within the City, and
place it in the City’s ordinance book within 20 days from publication of the summary.
Date Douglas, Henke, Mayor
ATTEST:
_____________________________
Mark Vahlsing, City Administrator
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ORDINANCE NO. 102
AN INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING A
MORATORIUM ON THE OPERATION OF CANNABIS BUSINESSES
THE CITY COUNCIL OF THE CITY OF KENYON, GOODHUE COUNTY,
MINNESOTA, ORDAINS:
ARTICLE I. Authority and Legislative Findings.
A. The Minnesota Legislature recently enacted, and Governor signed, 2023 Minnesota
Session Laws, Chapter 63 – H.F. No. 100 (“Act”), which is comprehensive legislation
relating to cannabis including, but not limited to, the establishment of the Office of
Cannabis Management (“OCM”), legalizing and limiting the possession and use of
cannabis and certain hemp products by adults, providing for the licensing, inspection, and
regulation of cannabis businesses and hemp businesses, taxing the sale of cannabis flower,
cannabis products, and certain hemp products, establishing grant and loan programs,
amending criminal penalties, providing for expungement of certain convictions and
providing for the temporary regulation of certain edible cannabinoid products.
B. The Act provides local units of government certain authority related to cannabis businesses,
including the authority to (1) require local registration of certain cannabis businesses
operating retail establishments, (2) adopt reasonable restrictions on the time, place, and
manner of the operation of cannabis businesses, provided that such restrictions do not
prohibit the establishment or operation of a cannabis businesses, (3) limit the number of
certain cannabis businesses based on the population of the community, and (4) prohibit the
operation of a cannabis business within 1,000 feet of a school, or 500 feet of a day care,
residential treatment facility, or an attraction within a public park that is regularly used by
minors, including a playground or athletic field.
C. The Act requires the OCM, which was established effective July 1, 2023, to work with
local governments to develop model ordinances for reasonable restrictions on the time,
place, and manner of the operation of cannabis businesses. The Act also requires the OCM
to establish additional rules and regulations relating to the operation of cannabis businesses.
The City will benefit from reviewing and analyzing the OCM’s model ordinances, rules
and regulations before making any decisions related to the regulation of cannabis
businesses in the City.
D. The Act (Minnesota Statutes, section 342.13(e)) expressly allows a local unit of
government that is conducting studies or has authorized a study to be conducted or has held
or scheduled a hearing for the purpose of considering adoption or amendment of reasonable
restrictions on the time, place and manner of the operation of cannabis businesses to adopt
an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting
the planning process and the health, safety, and welfare of its citizens. The interim
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ordinance may regulate, restrict, or prohibit the operation of cannabis businesses within the
jurisdiction or a portion thereof until January 1, 2025.
E. Given the uncertainty regarding the model ordinances to be developed by the OCM and
the broad scope of the changes to Minnesota law brought about by the Act, the City desires
to adopt an interim ordinance for the purpose of protecting the planning process and the
health, safety, and welfare of its citizens.
F. The City desires to conduct a study for the purpose of considering the adoption or
amendment of reasonable restrictions on the time, place and manner of the operation of
cannabis businesses as well as the other regulations local units of government may adopt
under the Act.
G. On July , 2023, after providing at least 10 days published notice, the City Council held
a public hearing regarding the consideration and adoption of an interim ordinance
prohibiting the operation of cannabis businesses within the City until January 1, 2025.
ARTICLE II. Definitions. For purposes of this Ordinance, the following terms shall have the
meaning given them in this section.
(a) “Act” means 2023 Minnesota Session Laws, Chapter 63 (H.F. No. 100).
(b) “Cannabis Business” has the meaning given the term in Minnesota Statutes, section
342.01, subdivision 14.
(c) “City” means the City of Kenyon.
(d) “Edible Cannabinoid Product” has the meaning given the term in Minnesota Statutes,
section 151.72, subdivision 1(f).
(e) “OCM” means the Office of Cannabis Management, established as set forth in Minnesota
Statutes, section 342.02, subd. 1.
(f) “Ordinance” means this interim ordinance, which is adopted pursuant to Minnesota
Statutes, section 342.13(e).
ARTICLE III. Study Authorized. The City Council hereby authorizes and directs the City
Administrator/City Manager to have City staff conduct a study regarding the adoption or
amendment of reasonable restrictions on the time, place, and manner of the operation of Cannabis
Businesses, as well as the other potential local regulations allowed under the Act, and report to the
City Council on the potential regulation of Cannabis Businesses. The study must include a review
of the model ordinances the OCM is directed to draft under Minnesota Statutes, section 342.13(d),
an analysis of potential setback regulations allowed under Minnesota Statues, section 342.13(c),
and such other matters as staff may determine are relevant to the City Council’s consideration of
this matter. The report shall include the City staff’s recommendations on whether the City Council
should adopt regulations and, if so, the recommended types of regulations.
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ARTICLE IV. Moratorium. A moratorium is hereby imposed regarding the operation of a
Cannabis Business within the City. During the term of this Ordinance, no business, person, or
entity may establish or operate a Cannabis Business within the jurisdictional boundaries of the
City. The City shall not accept, process, or act on any application, site plan, building permit, zoning
request, or other approval, including any requested confirmation, certification, approval, or other
request from the OCM or other governmental entity requesting City review of any application or
proposal for a business proposing to engage in the operation of a Cannabis Business.
ARTICLE V. Violation. During the term of the moratorium, it is a violation of this Ordinance for
any business, person, or entity to establish or operate a Cannabis Business within the City.
ARTICLE VI. Exceptions. The moratorium imposed by this Ordinance does not apply to: (1) the
continued operation of a business as part of the Medical Cannabis Program administered by the
Minnesota Department of Health that was lawfully operating within the City prior to July 1, 2023;
(2) the lawful sale of Edible Cannabinoid Products in compliance with Minnesota Statutes, section
151.72; or (3) sales of Edible Cannabinoid Products at an exclusive liquor store in accordance with
Minnesota Statutes, section 340A.412, subdivision 14. Nothing in this Article exempts a business,
person, or entity that is selling Edible Cannabinoid Products from having to comply with all
requirements and prohibitions of applicable laws and ordinances.
ARTICLE VII. Enforcement. Violation of this Ordinance is a misdemeanor. The City may also
enforce this Ordinance by mandamus, injunction, or other appropriate civil remedy in any court of
competent jurisdiction. A violation of this Ordinance is also subject to the City’s general penalty
in City Code and may result in the City reporting the violation to the OCM if relevant to OCM
licensing. The City Council hereby authorizes the City Administrator/City Manager, in
consultation with the City Attorney, to initiate any legal action deemed necessary to secure
compliance with this Ordinance.
ARTICLE VIII. Duration. This Ordinance shall become effective on the first day of publication
after adoption and shall remain in effect until January 1, 2025. This Ordinance may be repealed
earlier upon the effective date of an ordinance adopting or amending reasonable restrictions on the
time, place and manner of the operation of a Cannabis Business within the City or by resolution
of the City Council terminating this Ordinance prior to the expiration date.
ARTICLE IX. Severability. Every section, provision, and part of this Ordinance is declared
severable from every other section, provision, and part thereof. If any section, provision, or part
of this Ordinance is held to be invalid by a court of competent jurisdiction, such judgment shall
not invalidate any other section, provision, or part of this Ordinance.
Adopted this 13th day of June, 2023.
ATTEST: Douglas Henke, Mayor
___________________________________
Mark R. Vahlsing, City Administrator
(Published in the Kenyon Leader on ___________, 2023)
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AGENDA ITEM NO. IX.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 13, 2023
SUBMITTED BY: Mark Vahlsing, Legal
ITEM TYPE: Old Business
AGENDA SECTION: OLD BUSINESS
SUBJECT: Request for Chickens within City Limits
SUGGESTED ACTION: As requested at the May Council meeting, a draft chicken ordinance
is attached for Council review. The ordinance would require a
permit. Other requirements include:
1. Chickens shall be kept in a coop or other similar type of
structure. No free range keeping of chickens allowed.
Enclosures shall be located in the rear yard. be at least 10 feet
from any property lines.
2. All keeping of poultry shall be for personal use. Any selling of
eggs shall be prohibited.
3. A maximum of 4 chickens may be kept. No rosters shall be
permitted.
4. The property shall be maintained in neat and sanitary
condition. The construction and use of any enclosures or pens
an storage areas shall comply with all applicable State Building
Codes and Department of Agriculture regulations.
5. Only Chickens are allowed. No keeping of other types of
poultry or birds including Ducks, Geese, Swans, Pheasants,
Pigeons, Peacocks, Turkeys, Emu’s or Ostriches shall not be
allowed. These are listed for discussion and can be revised.
There are also requirements for enclosures (coops).
6.
Overall, it will have to be decided whether a permit is required. If so
what the permit cost would cost and who will be responsible for
inspections. We will attach a draft permit before Tuesday.
MOTION MAY BE NEEDED
ATTACHMENTS:
DOCSOPEN-#881142-v3-Kenyon_Chicken_Ordinance.DOCX
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ORDINANCE NO. 101
AN ORDINANCE ADDING SECTION 901 OF THE
KENYON CITY CODE PERMITTING BACKYARD CHICKENS AND ESTABLISHING
REGULATIONS OR RULES FOR THE KEEPING OF CHICKENS
THE CITY COUNCIL OF THE CITY OF KENYON, MINNESOTA, ORDAINS:
Section 1. Chapter IX of the Kenyon City Code is hereby amended by adding Section 901, as follows:
SECTION 901 KEEPING OF CHICKENS
901.01. Purpose. To establish rules for the keeping of chickens in residential areas.
901.03. Definitions.
Subdivision 1. “Backyard Chickens” means Chickens, as permitted per City Code, in
residential backyards.
Subd. 2. “Chicken” means a domesticated bird that serves as a source of eggs and meat.
Subd. 3. “Chicken Coop” means structure for the keeping and housing of chickens.
Subd. 4. “Hen” means a female chicken.
Subd. 5. “Rooster” means a male chicken.
Subd. 6. “Run” means an enclosed area attached to a coop where chickens can roam
unsupervised.
901.05. Permit Required. Any person wishing to keep backyard chickens in any district besides the
Agricultural District, shall be required to obtain a permit from the City and shall be subject to the
following requirements:
A. Chickens shall be kept in a coop or other similar type of structure. No free range keeping
of chickens allowed.
B. All keeping of backyard chickens shall be for personal use. Any selling of eggs shall be
prohibited.
C. A maximum of four (4) chicken hens may be kept.
D. Keeping of roosters is prohibited.
E. The property shall be maintained in neat and sanitary condition. The construction and use
of any enclosures or pens and storage areas shall comply with all applicable State Building
Codes, Department of Agriculture regulations, and this Chapter.
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F. Chickens must not be housed in a residential house or in an attached or detached garage,
except chickens under the age of six (6) weeks for brooding purposes.
G. Slaughtering and processing of the chickens on the property is prohibited.
H. No chicken may be kept or raised in a manner as to cause injury or annoyance to persons
or other animals on other property in the vicinity by reason of noise, odor, or filth.
I. Only Chickens are allowed. The keeping of other types of poultry or birds, including
ducks, geese, swans, pheasants, pigeons, peacocks, turkeys, emus, and ostriches, is
prohibited.
901.07. Chicken coop requirements.
A. Chickens must be provided a secure and well-ventilated roofed chicken coop in
compliance with this Section. Any chicken coop and run fencing must be consistent with
building and zoning codes.
B. No chicken coop or run shall be constructed on any lot prior to the time of construction of
the principal structure.
D. Chicken coops and runs shall not be in the front or side yard. The chicken coop and run
must be located in the rear yard.
E. Any chicken coop or run shall be set back at least ten feet from the property line and 40
feet from the principal structure on any adjacent lots, as measured in all directions.
Measurement shall be a straight-line distance between the closest points on each structure.
F. The chicken coop must be built in such a manner that it is not considered a nuisance to the
neighboring properties.
G. The chicken coop must be built tall enough to ensure proper cleaning of the structure.
H. The chicken coop must be fully enclosed, wind and weatherproof, and have sufficient
windows for natural light.
I. The chicken coop must have a heat source for the winter months.
J. The chicken coop must be constructed with materials that will prevent rodent and predator
access.
K. Any coop or run shall be screened from view with a solid fence or landscaped buffer with
a minimum height of four feet.
L. All chicken coops must have a minimum two square feet per chicken and the coop must
not exceed a total of 30 square feet (by outside dimensions) and must be elevated with a
clear open space of at least 18 inches between the ground and the floor or framing of the
coop and must not exceed six feet in total height. The coop’s floor, foundation or footings
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must be constructed in such a manner as to make the coop rodent-resistant. Fenced-in
chicken runs must be a minimum of three square feet per chicken with a maximum of 30
square feet and fencing must not exceed six feet in total height. Chicken runs may be
enclosed with wood and/or woven wire materials, and may allow chickens to contact the
ground. Chicken runs must have a protective overhead netting or be constructed under
the coop to keep the chickens separated from other animals. The run must be constructed
in such a manner as to make the run rodent-resistant.
M. Chickens must be secured in a chicken coop from sunset to sunrise each day.
N. Chicken grains and feed must be stored in rodent-proof and racoon-proof containers inside
a structure.
O. Only one chicken coop may be constructed on any lot.
901.09. Duration of Permit. A permit to keep chickens shall be issued to applicant for a period of 1
year, so long as the owner continues to own chickens. The permit is not assignable or transferable. If
the permit holder moves from the property but the chickens remain on the property, the new owner
must apply for a new permit.
901.11. Inspections. Any chicken coop or run for the chickens authorized under this section may be
inspected at any reasonable time by authorized city staff to inspect for compliance with this chapter
and other relevant laws and regulations.
901.13. Revocation of permit. A permit may be revoked by the city council for a violation of any
condition of this section following notice and a hearing as provided for in this code.
901.15. Violations. Violations of this subsection are punishable with a misdemeanor citation or civil
or administrative penalties, as authorized by law.
Section 2. This ordinance shall be in full force and effect upon its passage and publication.
Passed by the City Council of the City of Kenyon, Minnesota, this 13th day of June, 2023.
______________________________
ATTEST: Douglas Henke, Mayor
___________________________________
Mark R. Vahlsing, City Administrator
(Published in the Kenyon Leader on ______, 2023)
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AGENDA ITEM NO. X.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 13, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Juneteenth
-Revise Presonnel Policy
SUGGESTED ACTION: The law was originally supposed to go into effect on August 1, 2023
but a provision to amend the effective date of the new law was
adopted and was signed by the Governor. No public business can be
transacted on any holiday, except in case of necessity, including the
new Juneteenth holiday which will be celebrated this year on
Monday, June 19th, 2023.
The Council will need to approve adding the holiday to the Personnel
Policy.
MOTION NEEDED
ATTACHMENTS:
DOC060923-002.pdf
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AGENDA ITEM NO. X.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 13, 2023
SUBMITTED BY: Mark Vahlsing, Police
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Request to change Police Department Holiday Pay
SUGGESTED ACTION: The Police Chief is asking to change the holiday pay practices.
Currently the PD officers bank 8 hours for the holiday that can be
used later. They also are paid straight time for the hours worked on
the holiday. The Chief is asking that they be paid 1 1/2 times for the
hours they work on the Holiday plus the 8 hours of holiday pay at
straight time. The 8 hours of holiday pay would also apply to
officers who have days off that fall on holidays. Other area police
departments and the Sheriff's department pay time and a half for
hours worked and pay out the 8 hours of holiday pay on a separate
check. A letter from the Chief is attached.
The Personnel Committee will be discussing this request on Monday
June 12. I will forward their recommendation to the Council on
Tuesday.
MOTION NEEDED
ATTACHMENTS:
0189_001.pdf
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AGENDA ITEM NO. X.C
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 13, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Approve On-Sale Liquor License - Angie’s
SUGGESTED ACTION: Approval of on-sale and Sunday liquor license for Angies Restuarant.
Motion Needed
ATTACHMENTS:
DOC060923-002.pdf
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AGENDA ITEM NO. X.D
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 13, 2023
SUBMITTED BY: Mark Vahlsing, Police
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Snowdrifter’s donation to Police Dept. for Body Cameras
SUGGESTED ACTION: The Council will need to accept the donation of $12,600 from the
Snow Drifters for body cameras for the police department.
MOTION NEEDED
ATTACHMENTS:
Snowmobile Club Donation Letter to Council.docx
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Kenyon Police Department
Chief Jeffrey Sjoblom
709 2nd St., Kenyon, MN 55946
Office Phone # 507-789-5214
Non-Emergency # 651-385-3155
To: Kenyon City Council
Re: Snowmobile Club’s Donation for the Body Worn Cameras
Date: June 9, 2023
Dear Council Members,
I recently met with Snowmobile Club members to discuss Body Worn Cameras (BWCs). I
explained to them, Minnesota will likely be implementing a law, in the near future, requiring
all officers to be wearing BWC, while on duty. This came from a conversation I had with a
staff member, who works for our local representative.
I was asked to attend the club’s meeting last Wednesday night to talk about BWCs, as well
as the most recent quote we got from our vendor. The total quote cost is $29,198.00, for 5
cameras. (Last December, it was about $23,000. It went up after the 1st of the year.) The
amount could either be paid for upfront, or it can be broken down into 5-year payments.
The first year, startup year, is $12,638. Then the following four years at $4,140 annually.
With all that being said, I am pleased to announce the Snowmobile Club is willing to donate
the $12,638 startup cost. On behalf of the Police Department, I would like to say thank you
to the Snowmobile Club for their generous donation.
I am still waiting to hear back from the SRT grant people. We have a couple options to look
at. First, we can put the donation in the bank and wait to see if we get any money from the
grant. Second, move forward and order the BWCs as soon as we get the donation. If we
proceed with the grant, we have to show that we have not made any BWC purchases, so
we’ll have to leave the money in the bank until we hear back on the grant.
Just a heads up, when we implement the BWCs, there will be an annual cost to operate
them, along with the Squad Cameras (SCs). I’m still trying to gather all the costs from our
BWC rep. It’s no different from any other agency with BWCs, everyone has to budget for
them. At this time, I can’t say what it will be exactly. If I had to guess, it would be around
$4,000 annually. If we don’t find donors for the four years of $4,140 payments, that will
have to be added onto the $4,000 annual budget for BWCs and SCs.
Let me know if you have any questions.
Sincerely,
Chief Jeffrey Sjoblom
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AGENDA ITEM NO. X.E
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 13, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: New Business
AGENDA SECTION: NEW BUSINESS
SUBJECT: Request to Remove Sidewalk – David Stenbakken- 712 Home St.
SUGGESTED ACTION: David Stenbakken is requesting approval to remove the sidewalk
from the front of his property at 712 Home St. The sidewalk is not
connected to other areas of sidewalk so removing it would not create
any issues. This request has also been reviewed by the City Engineer
and Public Works Director. They do not see any issues if the
sidewalk is removed. The removal would require Council approval.
MOTION NEEDED
ATTACHMENTS:
DOC060923-004.pdf
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AGENDA ITEM NO. XI.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: June 13, 2023
SUBMITTED BY: Mark Vahlsing, Administration
ITEM TYPE: Miscellaneous
AGENDA SECTION: F.Y.I. - Department Updates
SUBJECT: FYI-
Department Updates
SUGGESTED ACTION: See attached below.
ATTACHMENTS:
FYI 6-13-23.pdf
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