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 14th day of January 2025. The meeting was called to order by Mayor Kirchmann.
The following members were present: Mayor Don Kirchmann, Council Members Kim Helgeson, Lee Sjolander, Mary Bailey, and Elana Brunner
Also, present: City Administrator Scott Lehner, Interim City Administrator Frank Boyles, Administrative Assistant Holli Gudknecht, Engineer Derek Olinger, Finance Director Whitney Kyllo, Public Works Director Wayne Ehrich, City Attorney Scott Riggs, Officer Brian Homeier, Officer Josey Homeier, Josh Johnson, Operations Superintendent Randy Eggert, Austin Fitch, John Lee, Jim Malloy, Matt Brunner, Daren Strobel-Kenyon Leader
The Oath of Office was read by Donald Kirchmann, Mary Bailey, and Elana Brunner.
The meeting opened with the Pledge of Allegiance.
CITIZEN COMMENT
ADOPT AGENDA
Motion by Sjolander seconded by Bailey to approve the agenda. Motion carried 5-0-0.
CONSENT AGENDA
Remove the following items from the agenda and add them to the consent agenda:
Kennedy & Graven 2025 Rates for Legal Services from VIII / Legal / F
Jacobsen Law - Request for Increase to Fees for 2025 Criminal Prosecution Contract from XI / New Business / F
Motion by Bailey second by Helgeson to approve the amended Consent Agenda, which includes:
Payment of check numbers, 75739 through 75835; 5258E through 5327E
Resolution 2025-01: Establishing License Fees and Compensation
Annual licenses
Minutes and Appointments
Kennedy & Graven 2025 Rates for Legal Services
Jacobsen Law - Request for Increase to Fees for 2025 Criminal Prosecution Contract
Motion carried 5-0-0.
PRESENTATIONS/PUBLIC HEARINGS/RECOGNITIONS/PROLAMATIONS
ENGINEERING
2025 Street and Utility Improvements
Engineer Olinger stated that there will be an open house neighborhood meeting on Monday, January 27 from 5:30 pm to 7:00 pm at city hall. Residents who will be affected by the 2025 street and utility improvements will be mailed a notice. During the open house, Bolton & Menk’s design team will share information about the project and answer questions.
LEGAL
Ordinance No. 108 Amending Section 520.13 of the Kenyon City Code Regarding Accessory Building and Structures
Attorney Riggs summarized the planning commission’s requested changes to the accessory building and structures code for residential districts. The Planning Commission held a public hearing on January 7, 2025. No public comment was received at the hearing. The Planning Commission recommended approval of the zoning changes to the City Council.
Motion by Bailey seconded by Helgeson to adopt Ordinance No.108.
Roll Call Vote: Kirchmann – Aye, Bailey- Aye, Sjolander – Aye, Helgeson - Aye, Brunner – Aye
Motion carried 5-0-0.
Ordinance No. 109 Adding Section 520.37 to the Kenyon City Code Regarding Residential Performance Standards (R-1, R-2)
Attorney Riggs reviewed Ordinance No. 109 adding a section to the city code regarding residential performance standards. The Planning Commission held a public hearing on January 7, 2025. No public comment was received at the hearing. The Planning Commission recommended approval of the zoning changes to the City Council.
Motion by Helgeson seconded by Bailey to adopt Ordinance No.109.
Roll Call Vote: Kirchmann – Aye, Bailey- Aye, Sjolander – Aye, Helgeson - Aye, Brunner – Aye
Motion carried 5-0-0.
Resolution 2025-03: Approving Publication of Ordinance No. 109 by Title and Summary
Motion by Helgeson seconded by Bailey to adopt Resolution 2025-03. Motion Carried 5-0-0.
Ordinance No. 110 Amending Section 515.15, Subd. 2 of the Kenyon City Code Regarding Permitted Uses in the C-1 Downtown Commercial District within the City of Kenyon
Attorney Riggs stated that Ordinance 110 further defines the permitted uses in the downtown commercial zoning district by adding tattoo parlors and body art establishments as a permitted use.
The Planning Commission held a public hearing on January 7, 2025. No public comment was received at the hearing. The Planning Commission recommended approval of the zoning changes to the City Council.
Motion by Helgeson seconded by Sjolander to adopt Ordinance No.110.
Roll Call Vote: Kirchmann – Aye, Bailey- Aye, Sjolander – Aye, Helgeson - Aye, Brunner – Aye
Motion carried 5-0-0.
Resolution 2025-04: Approving Publication of Ordinance No. 110 by Title and Summary
Motion by Bailey seconded by Helgeson to adopt Resolution 2025-04. Motion Carried 5-0-0.
Ordinance No. 111 Adding Section 1135 – Tattoos, Body Piercing, Branding, Scarring and Painting Establishments
Attorney Riggs stated that Ordinance 111 added section 1135 to the city code, which regulates the business of body art in order to protect the health and welfare of the general public. This ordinance follows state statutes to license and define tattoo, body piercing, branding, scarring, and painting establishments. The Planning Commission held a public hearing on January 7, 2025. No public comment was received at the hearing. The Planning Commission recommended approval of the zoning changes to the City Council.
Motion by Helgeson seconded by Sjolander to adopt Ordinance No.111.
Roll Call Vote: Kirchmann – Aye, Bailey- Aye, Sjolander – Aye, Helgeson - Aye, Brunner – Aye
Motion carried 5-0-0.
Resolution 2025-05: Approving Publication of Ordinance No. 111 by Title and Summary
Motion by Helgeson seconded by Bailey to adopt Resolution 2025-05. Motion Carried 5-0-0.
Ordinance No. 112 Amending the Kenyon City Code Pertaining to Cannabis and Hemp Business
Attorney Riggs reviewed Ordinance 112 which added Section 1140 to the city code pertaining to cannabis and hemp businesses. The Planning Commission held a public hearing on January 7, 2025. No public comment was received at the hearing. The Planning Commission recommended approval of the zoning changes to the City Council.
Motion by Bailey seconded by Helgeson to adopt Ordinance No.112.
Roll Call Vote: Kirchmann – Aye, Bailey- Aye, Sjolander – Aye, Helgeson - Aye, Brunner – Aye
Motion carried 5-0-0.
Resolution 2025-06: Approving Publication of Ordinance No. 112 by Title and Summary
Motion by Bailey seconded by Helgeson to adopt Resolution 2025-06. Motion Carried 5-0-0.
OLD BUSINESS
Goodhue County Delegation Agreement for Cannabis Retail Registration
Attorney Riggs stated that either the city of Kenyon or Goodhue County could be responsible for the retail registration and compliance checks on cannabis retail businesses. At the December council meeting, the council expressed interest in entering into an agreement with Goodhue County to have them responsible for the registration and compliance checks. Attorney Riggs stated that this agreement could be rescinded at any time.
Motion by Bailey seconded by Sjolander to approve the Goodhue County Delegation Agreement for Cannabis Retail Registration. Motion carried 5-0-0.
NEW BUSINESS
2025 Appointments and Designations
1. EDA – 4-Year Term
a. John Mortensen
b. Stuart Campbell
c. Don Kirchmann (Council)
2. Library Board – 3-Year Term
a. Kayla Larkin
3. Planning Commission – 2-Year Term
a. Jim Malloy
b. Elana Brunner
4. Kenyon Municipal Utility Commission
a. Doug Henke
5. Historic Preservation Commission
a. Vacant
6. Park & Recreation
a. Jill Warner
b. Vacant
7. Appointments
a. Acting Mayor – Mary Bailey
b. Legal Newspaper – Kenyon Leader
c. Depository – Security State Bank, 4M, Northland Securities
d. City Attorney – Scott Riggs, Kennedy & Graven Chartered
e. Prosecuting Attorney – David Jacobsen, Jacobsen Law Firm
f. City Engineer – Derek Olinger, Bolton & Menk
g. City Auditor – Abdo Eich and Meyers
h. Financial Consultant – George Eilertson - Northland Securities
i. Investments – As Allowed Per Minnesota Statutes
j. Deputy Clerk – Holli Gudknecht
k. Weed Inspector – Donald Kirchmann
l. Personnel Committee – Don Kirchmann, Kim Helgeson, Scott Lehner
m. Kenyon Fire Relief Association – Don Kirchmann and Scott Lehner
Motion by Bailey seconded by Brunner to approve the 2025 committee appointments and designations, eliminating the audit committee. Motion carried 5-0-0.
KMU Discussion
City Administrator Lehner stated that when he came here, he wanted to understand how the reporting structure worked. He reviewed policies, ordinances, the code book, and the organizational chart. He researched the background of the relationship between the city and KMU. He dug into the relationship to determine who KMU reported to. In 2000-2001, agreements between the city and KMU were drawn up, but the signed documents could not be found. He stated that the organizational chart was complicated. He would like to see all entities of the city brought into one.
Interim City Administrator Boyles stated that he was trying to clarify and recreate this organization in a fashion that it should be with KMU being part of it. There should be one standard in the city. Something needs to change. He felt city administration and city council need to be involved in the overall supervision, management, financial and administrative authority of KMU as it is with the rest of the city. He recommended getting back to what the five agreements from 2000-2001 were.
City Attorney Riggs stated that from 1997 to 2001 there was alot of discussion about KMU/City relations and agreements were written. The idea was to bring the two entities closer together, because staff was being utilized in both entities. The city and KMU need to work together as smoothly as possible. Riggs thought these agreements were signed, but signed copies cannot be found.
Finance Director Kyllo pointed out the positives and negatives of having multiple bank accounts, two sets of payrolls, etc.
Operations Superintendent Eggert addressed the council with concerns about changing the organizational chart.
Motion by Kirchmann seconded by Sjolander to start the process to correct the relationship between the city and KMU. Motion carried 5-0-0.
Resolution 2025-02: A Resolution Authorizing Acceptance of 2024 Donations
Motion by Bailey seconded by Helgeson to approve Resolution 2025-02 authorizing the acceptance of the
2024 donations of $45,488.23. Motion carried 5-0-0.
Ag Lease for 2.25 Acres City Owned Land
This ag lease was a renewal of a three-year lease of 2.25 acres of City-owned land located just east of the wastewater plant overflow lagoon.
Motion by Helgeson seconded by Bailey to approve the lease agreement for 2.25 acres with Richard Nystuen. Motion carried 5-0-0.
Ag Lease for 10.5 Acres City Owned Land
This ag lease was a renewal of a three-year lease of 10.5 acres of City-owned land located along Hwy. 60 east of the Waste Treatment Plant.
Motion by Bailey seconded by Brunner to approve the lease agreement for 10.5 acres with Scott Wickum.
Motion carried 5-0-0.
Add Signatory at Security State Bank of Kenyon
Motion by Helgeson seconded by Bailey to add Donald Kirchmann as a signer on the City of Kenyon checking account at Security State Bank of Kenyon. Motion Carried 5-0-0.
LMC Council Training
Interim City Administrator Boyles emphasized the importance of training our city council in their roles with the city. He recommended sending all the council members to the LMC Elected Leaders Institute in Mankato. He stated that the funds were in the city council budget for this training.
Motion by Sjolander seconded by Bailey to approve sending the council members and city administrator to the LMC Elected Leaders Institute in Mankato on February 7-8. Motion carried 5-0-0.
Schedule of Upcoming Meetings
KMU Meeting: Tuesday, January 21st @ 4:00 p.m.
EDA Annual Meeting: Tuesday, January 21st @ 8 a.m. at Cahill Bistro
City Council Meeting: Tuesday, February 11th @ 7 p.m.
COUNCIL AND STAFF GENERAL COMMENTS
Council Member Sjolander congratulated the new council members.
Council Member Bailey welcomed the new council members and thanked KMU for all they do.
Mayor Kirchmann thanked everyone for being patient with him and supporting him in his new role as mayor.
Council Member Helgeson welcomed the new council members.
Council Member Brunner stated that she had alot to learn and was thankful for the opportunity to serve the city.
Finance Director Kyllo stated that it was Interim Administrator Boyles last day. She thanked him for helping.
City Administrator Lehner also thanked Boyles and wished him well.
Motion by Bailey seconded by Helgeson to adjourn the meeting at 9:05 p.m.
Motion carried 5-0-0.
Scott Lehner, City Administrator
Donald Kirchmann, Mayor
