Kenyon City Council Meeting - June 13, 2023

Posted

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 13th day of June 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 (left at 8:10 pm), Molly Ryan

Absent: None

Also, present: City Administrator Mark Vahlsing, Police Officer Brian Homeier, Attorney Scott Riggs, Public Works Director Wayne Ehrich, City Engineer Derik Olinger, Administrative Assistant Holli Gudknecht, McLellan & Linda Bean, Jerry & Diane Barrett, Nicole Eggert, Lora Zimmerman

The meeting opened with the Pledge of Allegiance.

CITIZEN COMMENT

Lora Zimmerman questioned the need to remove a vehicle from 1 Langford Avenue and why storage containers are allowed on some properties but not 1 Langford Avenue.

ADOPT AGENDA

Addition: / VIII / Legal / C / Resolution 2023-14: Approving Publication of Ordinance No. 100 by Title and Summary

Motion by Ryan second by Bailey to approve the amended agenda. Motion carried 5-0-0.

CONSENT AGENDA

Motion by Helgeson second by Bailey to approve the Consent Agenda, which includes payment of check numbers, 74859 through 74958; 4534E through 4553E.

Motion carried 5-0-0.

PRESENTATIONS/PUBLIC HEARINGS/RECOGNITIONS/PROLAMATIONS

ENGINEERING

2023 Street Maintenance Project

Engineer Olinger reviewed the pavement management plan for the city this year. Quotes for reclamite work to seal specified streets were solicitated. One proposal was received.

Approve Quote of Corrective Asphalt Materials $34,935

Motion by Ryan, second by Henke to approve the quote of $34,935 from Corrective Asphalt Materials for the 2023 street maintenance project. Motion carried 5-0-0.

Pearl Creek Sanitary Sewer Improvements

Engineer Olinger stated that the bids for the Pearl Creek Sewer project were opened last week and were lower than projected.

Update on Easements for Project

Engineer Olinger updated the council on the progress of securing easements for the sewer project. Easement agreements are still being negotiated with property owners.

Approve Resolution 2023-12 Accepting Bid for 2023 Pearl Creek Sewer Project

Motion by Henke second by Helgeson to adopt Resolution 2023-12 accepting the bid from BCM Construction, Inc. for the Pearl Creek Sewer project, including Alternate 1 to pave the lift station driveway. Motion carried 5-0-0.

2023 Street Improvement Summary

Engineer Olinger stated that the bids for the 2023 street improvement project were opened on June 8. The bids came in lower than previously estimated.

Approve Resolution 2023-13 Accepting Bid for 2023 Street Improvement Project

Motion by Ryan second by Sjolander to adopt Resolution 2023-13 accepting the bid from Bituminous Materials, Inc. for the 2023 Street Improvement project including alternates 1 and 2.

Motion Carried 5-0-0.

LEGAL

Request for City to relocate alley/ROW - Jeff and Ann Traxler

Attorney Riggs stated that the new survey showing the proposed location of the alley on the Traxler property has been completed by Rapp Surveying. Once the new legal description is completed, the deeds for the land exchange will be completed. The planning commission did approve the setback variance for Traxler’s new commercial building.

Review New Legalized Cannabis Law

Attorney Riggs updated the council on the newly passed law legalizing cannabis. If the Council wanted to adopt an interim ordinance regulating Cannabis sales a public hearing would need to be scheduled. It would have to be held before an ordinance is adopted.

Adopt Interim Ordinance No. 102

No discussion. On hold pending public hearing

Resolution 2023-11 Approving Summary Publication of an Ordinance Authorizing a Study and Imposing a Moratorium of the Operation of Cannabis Business

No discussion. On hold pending public hearing.

Resolution 2023-14: Approving Publication of Ordinance No. 100 by Title and Summary

Attorney Riggs stated that Ordinance No. 100, adding section 120 to the Kenyon City code establishing a reasonable accommodation process in accordance with the fair housing act, was approved at the May council meeting. A summary of the ordinance has been prepared for publication.

Motion my Sjolander second by Helgeson to adopt Resolution 2023-14: Approving Publication of Ordinance No. 100 by Title and Summary. Motion carried 5-0-0.

OLD BUSINESS

Request for Chickens within City Limits

Administrator Vahlsing stated that the city attorney had drafted a chicken ordinance for the city of Kenyon. The ordinance does require a permit to keep chickens.

McLellan Bean, 1140 Mantorville Rd, expressed concerns with several requirements to the proposed ordinance.

Nicole Eggert, 97 Gunderson Blvd, questioned why a heated coop would be required.

Council member Ryan thanked the citizens for their comments and stated that she is still on the fence on allowing chickens. She doesn’t want someone to continuously have to police this.

Mayor Henke also questioned who would enforce the ordinance and what allowing chickens would do to property values.

Council member Bailey would like to see some revisions made to the proposed ordinance.

Council member Helgeson didn’t feel chickens belonged in the city and felt it would cause added work for City Staff.

Council member Sjolander would like a public survey done to see what the citizens of Kenyon want.

The request for chickens within city limits will be tabled until the July meeting so a survey can be conducted. Administrator Vahlsing stated that a survey would be set-up on the City web site and Facebook page to gauge interest in allowing chickens in residential areas. He will report the survey results back to the Council at the July meeting.

NEW BUSINESS

Juneteenth

Attorney Riggs stated that the Governor signed a new law into effect making Juneteenth an official holiday in the state of Minnesota. The new holiday will be observed starting on Monday, June 19, 2023. No city business can be transacted on this day.

Motion by Sjolander, second by Ryan to approve adding the Juneteenth holiday to the Kenyon personnel policy. Motion carried 5-0-0.

Request to Change Police Department Holiday Pay

Administrator Vahlsing stated that Police Chief Sjoblom requested changing the holiday pay practices for police officers. Sjoblom is requesting that the officers be paid 1 ½ times for the hours they work on the holiday plus be paid for the eight hours of holiday pay at straight time. The eight hours of holiday pay would also apply to officers who have days off that fall on holidays.

Motion by Henke seconded by Ryan to approve a personnel policy change to pay police officers 1 ½ times for hours worked on a holiday plus pay the eight hours of holiday pay at straight time including paying eight hours of holiday to officers who have days off that fall on holidays starting with the June 19th holiday.

Motion carried 4-0-0.

New On-Sale Liquor License – Angies’

Motion by Ryan second by Helgeson to approve the liquor license for Angies’.

Motion carried 4-0-0.

Snowdrifter’s Donation to Police Dept. for Body Cameras

Administrator Vahlsing reported that the Snowdrifters would like to donate $12,600 to the police department for body cameras.

Motion by Sjolander second by Ryan to accept a donation of $12,600 from the Snowdrifters for police department body cameras. Motion carried 4-0-0.

Request to Remove Sidewalk – David Stenbakken – 712 Home St

Administrator Vahlsing presented a request from David Stenbakken to remove the sidewalk from the front of his property at 712 Home Street. The sidewalk does not continue to either end of the block that his house is located on.

Motion by Sjolander second by Helgeson to approve the removal of the sidewalk from the property located at 712 Home Street. Motion carried 4-0-0.

Schedule of Upcoming Meetings

KMU Meeting: Tuesday, June 20th @ 4:00 p.m.

City Council Meeting: Tuesday, July 11th @ 7 p.m.

EDA Meeting: Tuesday, August 1st @ 8:00 a.m.

COUNCIL AND STAFF GENERAL COMMENTS

Council member Helgeson would like us to keep the family of Russ Thurmes in our thoughts and prayers. He is a former Kenyon City Council member who recently passed away.

Councilmen Sjolander thanked public works and the pool staff for their work on getting the pool going. He also thanked Matt Bartel for the work he does for Rose Fest. He also expressed sympathy to the Russ Thurmes family.

Mayor Henke thanked the Park & Rec committee for organizing the Farmer’s Market.

City Administrator Vahlsing stated that the council members would be receiving evaluation forms to fill out on him.

Public Works Supervisor Ehrich noted that with the lower cost of the new street repairs bids, we will be able to do more repairs.

Motion by Ryan second by Helgeson to adjourn the meeting at 8:25p.m.

Motion carried 4-0-0.

Holli Gudknecht, Administrative Assistant Douglas Henke, Mayor