Annexation Protest Hearing

CITY OF LEEDS

Minutes

October 3, 2016

6:05 PM

A regular meeting of the Leeds City Council was called to order by President Kyle Nelsen onOctober 3, 2016, 6:05 pm at Leeds City Hall. Present were Council Members:Rob Nelsen, Patrick Streyle, and Kris Larson, absent Mayor LloydHimle.Also present wereSheriff Rohrer, Brad Muscha, Moore Engineering,Virgil Anderson, Jeana Brossart, Tom Sabo, Robert Hendrickson,city employees: Justin Nelsen and Edythe Nelsen.

Police

Sheriff Rohrer presented his report to the Council. He reminded everyone to report anything suspicious to the Sheriff.

Annexation Protest Hearing

Virgil Anderson, past member of the Leeds Township Board, questioned who would maintain the old highway from City limits to new highway as the Leeds Township would now lose tax money with annexation of the Industrial Park. The Council agreed to look into requirements for taking over maintenance of the old highway. They will ask Attorney Gibbens to draw up something assuming maintenance until a more formal process can take place. A copy will be sent to Duane Anderson and Eric Jorgenson, Officers of Leeds Township.

Jeana Brossart asked for more information about Special Assessments. Council and Brad Muscha answered her questions.

Tom Sabo questioned the assessment on his vacant lot. Council explained the procedure of the Special Assessment Committee and answered his questions.

Public Hearings/ Public Comments

Rob Hendrickson appeared before the Council to request a transfer of liquor license. He presented a signed application;his estimated start date is November first. Streyle made a motion to approve the assumption of KJ’s Bar liquor license contingent on approval by the State Attorney General Office and closing the sale with Keller. Larson seconded the motion and it carried unanimously.

Sewer Improvement Project

Brad stated the Keller Paving Invoice is not part of the project cost. Pat Streyle made a motion, seconded by Kris Larson to pay the Keller paving bill, motion carried.

Brad will send in the request to purchase Banyon Software module for assessments to RD for approval for $2,500 plus training andone year support. Kris Larson moved to approve the purchase of Banyon software in case RD does not approve. Motion seconded by Streyle and carried.

Brad Muscha reported work on manhole rehabilitation and sewer televising & relining was continuing.

Pat Streyle made a motion, seconded by Kris Larson, to approve Contract Change Order No. 2 in the amount of $21,816.00 for 1 additional block of sewer relining and other miscellaneous improvements.

The motion carried unanimously.

Rob Nelsen made a motion, seconded by Kris Larson to approve Amendment No. 1 to the Owner-Engineer Agreement for additional services related to Change Order No. 1 and No. 2. The motion carried unanimously.

A motion to approve Contractor’s Application for Payment No. 5 in the amount of $61,848.25 was made by Patrick Streyle, seconded by Rob Nelsen. The motion carried unanimously.

A motion was made by Kris Larson, seconded by Patrick Streyle to approve Moore Engineering Invoice No. 13854 in the amount of $20,104.70 for engineering services provided. Motion carried unanimously.

Brad reported the Mayor and Auditor need to pick a date and time in the near future for the loan closing and to let him know by Wednesday.

DWSRF Project questionnaires were signed by President Kyle Nelsen and returned to Brad.

Annexation

In the absence of protests filed by the owners of one forth or more of the territory the proposed area to be annexed becomes a part of the City. Brad reported the City Attorney, Bruce Gibbens, has the official plat and he will record it.

Public Works Superintendent

Justin recommended the H & H Contract for the water tower and clear well be signed, the Council agreed.

The Engstrom Bean and Seed Road & Drainage issues were discussed. Justin reported the drainage now flows across the City road and he had 3 loads of gravel placed over that section. Council asked the auditor to send a letter to Engstrom requesting he come to the next meeting to discuss road drainage issues on the NW qtr, of town.

Sewer connection issues where there are separate buildings were discussed. The Council requested the auditors check for Water/Sewer Ordinances informing how to handle situations where there is water and sewer in out buildings or property that is later split into separate parcels.

The Wensmann cut to the County road was discussed. Streyle moved that the cost plus 15% to repair the cut be charged to Wensmann. Motion seconded by Rob Nelsen and carried.

The parking of an anhydrous tank within City limits was discussed. Council asked Justin to notify the ownerthe tank cannot be parked in the City.

Motion was made by Rob Nelsen, seconded by Kris Larson, to approved Public Works timesheets, carried unanimously.

Financials

Motion by Rob Nelsen, second by Kris Larson to approve the final budget, carried unanimously.

Motion by Kris Larson, second by Pat Streyle, to approve the balance of the financials, carried unanimously.

Pat Streyle made a motion to approve the financials timesheets, second by Kris Larson, carried unanimously.

A motion was made by Kris Larson, seconded by Rob Nelsen, to approve the Auditor’s report, carried unanimously.

Rob Nelsen moved to approve the minutes, second by Kris Larson, carried unanimously.

Old business:

The Raffle permit was tabled.

Pat Streyle made a motion to follow up with Candace Carlson, LRDHU, regarding a possiblegrant for asbestos removal, seconded by Kris Larson, carried unanimously.

New Business

The Wensmann Building Permit was discussed, when a motion was called for, no motion was made. The building permit was denied due to lack of a motion. The permit is to be marked denied and returned.

Rob Nelsen moved to appoint Lloyd Himle to the Benson County Hazard Mitigation Committee. Motion seconded by Kris Larson and carried unanimously.

A motion to approve the Leeds Public School Raffle Permit was made by Patrick Streyle, second by Rob Nelsen and carried unanimously.

A motion to approve the Special Event Liquor License was made by Rob Nelsen, second by Kris Larson and carried unanimously.

Bills were approved.

Motion to adjourn was made by Pat Streyle, second by Rob Nelsen, carried. Meeting adjourned at 8:20 pm.

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Leeds City Council

October 3rd, 2016