Alexandria, Minnesota by 66sU9a0

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									                                           Alexandria, Minnesota
                                              April 27, 2009

Pursuant to due call and notice thereof, a regular meeting of the City Council was held in the Council
Chambers with those present reciting the Pledge of Allegiance, after which Mayor Ness called the
meeting to order at 7:00 p.m.

The following members were present: Bigger, Carlson, Miller, Benson, Frank
The following members were absent: None
Also present were two news media representatives.


CONSENT AGENDA

        A.      Approve Minutes of April 13, 2009 City Council Meeting
        B.      Approve Licenses and Authorize Issuance
                      Peddlers:       Duke Coin LLC (located at Holiday from May 11-31, 2009)
                                      The Country Stop (located at Dairy Queen South and TireMaxx
                                      from May 22, 2009 to September 7, 2009)
                      Massage:        Kelly Anderson (d/b/a RejuveNation located at 822 Quincy
                                      Street)
                      Sign Hangar: Froggy’s Signs Inc. (new)
                      Heating:        JGT Plumbing & Heating (new)
                      Excavating:     Eagle Construction Company Inc. (new)
                      Fireworks:      Chris Ford d/b/a TNT Fireworks (inside sales at Wal-Mart from
                                      5/11/09 to 7/7/09)
                                      Timothy Bachtle d/b/a Vapor of Smoke Fireworks LLC (outdoor
                                      sales at 1806 Broadway from 6/22/09 to 7/5/09)
                      Gambling:       Alexandria Chamber of Commerce (sell raffles for August 12,
                                      2009 event at Runestone Museum)
                                      Knights of Columbus (sell raffles for May
                                      2, 2009 event at Holiday Inn) – Resolution Approving One Day
                                      Off-Site Minnesota Lawful Gambling Premise Permit

Following discussion about The Country Stop permit, a motion was made by Carlson and seconded by
Bigger to approve the Consent Agenda as presented with the addition of Eagle Construction Company,
The Country Stop, TNT Fireworks, and Vapor of Smoke Fireworks as outlined above. The motion
carried by the following vote:

                         YES:    Bigger, Carlson, Miller, Benson, Frank
                         NO:     None

A motion was made by Bigger and seconded by Carlson to adopt Resolution No. 09-34, RESOLUTION
APPROVING ONE DAY OFF-SITE MINNESOTA LAWFUL GAMBLING PREMISE PERMIT. The
motion carried by the following vote:

                         YES:    Bigger, Carlson, Miller, Benson, Frank
                         NO:     None

The full text of this Resolution appears in the Resolution file.


BILL ANDERSON, DOUGLAS AREA TRAIL ASSOCIATION – TRAIL PLANNING

Bill Anderson, representing Douglas Area Trail Association (D.A.T.A.) introduced the new DATA
Manager Jeff Linn. Mr. Anderson mentioned it was a good winter for snowmobiling; the business
community is very happy with the effort the DATA has done for getting trails. Due to the growth of the
area, it is getting very hard to find a place to put trails. The area is growing, which is good, but with that
there are problem finding trails. The development in the south is limiting the area of getting to and from
the DATA system. DATA is trying to put forth a proposal for developing a trail and would like to use
right of way on CR 46 before the area gets too developed. Jeff Linn, DATA Manager, pointed out with
the traffic lights this would be a safe place to cross the road. They need a resolution from the City
designating the trail. They do not want business interrupted because snowmobilers cannot get to them.
Mayor Ness asked City Engineer Tim Schoonhoven about the Dakota Street project and how would it fit
with the DATA trail. Mr. Schoonhoven noted the intersection configuration will remain about the same
– it may shift over a little bit but essentially remain the same. He pointed out the trail along CR 46 is the
nicest right-of-way within the City. Mr. Anderson indicated they want the input from the City Engineer
and Public Works Coordinator. Council Member Miller asked about the trail crossing CR 46. Mr.
Anderson explained the reason it crosses the road is due to the wind and to utilize the snow.
                                          Alexandria, Minnesota
                                             April 27, 2009

Mr. Anderson mentioned the County has already signed off on the permit because it is a county road.
The City’s actual permit would be for the right-of-way on McKay Avenue. Council Member Miller then
recognized Bill Anderson for his work on establishing the DATA trails. City Administrator Jim Taddei
stated he would have a resolution for Council consideration at the next meeting designating the right-of-
way along McKay Avenue for a DATA trail. No action was taken by the City Council at this time.


PUBLIC HEARING – BYRNE JUSTICE ASSISTANCE GRANT FOR D.A.R.E. PROGRAM

Mayor Ness noted it was 7:25 p.m. and opened the Byrne Justice Assistance Grant for D.A.R.E. Program
public hearing.

City Administrator Jim Taddei noted the Alexandria Police Department was notified of an award for the
department in the amount of $12,497 to help assist law enforcement to prevent or reduce crime and
violence. The Police Department is applying for this grant award to assist with the D.A.R.E program in
an attempt to keep the school officer in the schools and help provide for the program supplies. No action
is required by the City Council as this hearing was to receive comments only.

Mayor Ness then asked for public comments, and hearing none he closed the public hearing at 7:26 p.m.


REED BECKER, WSN – APPROVE BIDS FOR PLAZA LIQUOR STORE REMODELING
PROJECT

Reed Becker, Widseth Smith Nolting, noted seven bids were opened on April 15 th for the Plaza Liquor
Store Remodeling Project:

Name of Bidder                                   Bid Amount                        Alternate
Alliance Building Group, Sartell, MN             $425,415                          $3,855
Innovative Builders, Alexandria, MN              $436,800                          $7,000
Lee’s Construction, Alexandria, MN               $448,750                          $8,000
Rapp Construction, Alexandria, MN                $449,000                          $5,900
JP Structures, Menahga, MN                       $453,800                          $7,500
Master Builders, Evansville, MN                  $593,240                          $2,090

The low bidder was Alliance Building Group from Sartell in the amount of $425,415. The engineer’s
estimate was $434,000. The bids were very tight and about 15-20% less than a year ago or a year from
now. There are eight local sub-contractors, which will help the local economy. Mr. Becker talked to
other architects concerning the contractor and they all indicated that Alliance is very good to work with.
Mr. Becker also mentioned this is a very tight schedule so as not to interrupt business at the Liquor Store.
He recommends awarding the bid to Alliance.

City Administrator Jim Taddei noted the City needs to have consent from MnDOT for this project. The
last discussion with them concerned height restriction, which has been approved. The other issue is the
lighting and MnDOT also wants to review it. Any action taken has to be conditioned upon those two
items. Council Member Carlson noted MnDOT has given the City permission for the project, which they
have never done in the past, so this is a big deal. She mentioned the money is coming out of the
enterprise fund. The City is loaning the Liquor Store money and the Liquor Store is paying the City back
so it is not tax payer’s money being used. Ms. Carlson also stated she is happy to see local contractors
being used for this project. Council Member Miller questioned the lighting and if it would change the
bid. Mr. Becker stated it would not. Following discussion, a motion was made by Bigger and seconded
by Benson to accept the low bid, Alliance Building Group, in the amount of $425,415 conditioned on
MnDOT approval. The motion carried by the following vote:

                        YES:     Bigger, Carlson, Miller, Benson, Frank
                        NO:      None


CITY PLANNER MIKE WEBER – PLANNING COMMISSION RECOMMENDATIONS

1.      Public Hearing – Subdivision Application – Bill Leuthner “J.A. Meadows”

        The applicant is requesting to plat vacant land. The legal description of the property is “N2NE4
        Ex: E 588’, SW 5 AC, N’ly 2.64 AC *34 Ave, NW’ly 5 AC & Pt Of NW4NE4 Platted to
        “Broadway Acres”, Section 31, Township 128, Range 37, Douglas County, MN” and is generally
                                          Alexandria, Minnesota
                                             April 27, 2009

          located immediately to the south of 34th Avenue and east of South Broadway and contains 46.66
          acres.

          RECOMMEND TABLING Subdivision Application (SA-09-003) submitted by Bill Leuthner
          “J.A. Meadows”.

          Following discussion, a motion was made by Carlson and seconded by Frank to accept the
          recommendation of the Planning Commission to table Subdivision SA-09-003. The motion
          carried by the following vote:

                         YES:     Bigger, Carlson, Miller, Benson, Frank
                         NO:      None

2.        Douglas County Comprehensive Plan

          City Planner Mike Weber updated the City Council on the City’s involvement with the Douglas
          County Comprehensive Plan. The County has not updated their Comprehensive Plan since 1998.
          They are very excited about updating it and using it as a guide in the same fashion the City
          utilizes theirs. This is an informational item only, not requiring City Council action.

3.        Public Hearing – Conditional Use Application– Kerry Donley

          The applicant is requesting to allow open and outdoor sales display as an accessory use. The
          property is located at 315 Nokomis Street and is legally described as: “Holes Addn, Lots 11 &
          12, Blk 7, Section 20, Township 128, Range 37, Douglas County, Minnesota”.

          RECOMMEND APPROVAL of Conditional Use Application (C-09-003) submitted by Kerry
          Donley based on the following Findings of Fact:

                 1.      The request is consistent with the City’s Comprehensive Plan = Commercial
                 2.      The request meets land area and setback requirements.
                 3.      The request will not depreciate the surrounding area.
                 4.      The request is consistent with the character of the surrounding area with
                         commercial on all sides.
                 5.      Existing utilities adequate.
                 6.      Existing streets are adequate with Nokomis Street existing.
                 7.      The request will not place any undue financial burden on the City.
                 8.      Any exterior lighting to be hooded and directed away from public streets.

          Following discussion, a motion was made by Bigger and seconded by Carlson to accept the
          recommendation of the Planning Commission and approve Conditional Use C-09-003 based
          upon the Findings of Fact and Conditions outlined above. The motion carried by the following
          vote:

                         YES:     Bigger, Carlson, Miller, Benson, Frank
                         NO:      None

     4.   Public Hearing – Conditional Use Application– Mark Fisher

          The applicant seeks after-the-fact authorization to convert a single-family dwelling to group
          quarters, housing up to five (5) individuals. The property is located at 608 Edgewater Drive and
          is legally described as: “Lake Agnes Estates, Lot 9, Blk 1, AC .35, Section 18, Township 128,
          Range 37, Douglas County, Minnesota”.

          RECOMMEND DENIAL of Conditional Use Application (C-09-004) submitted by Mark Fisher
          based on the Findings of Fact, as follows:

             1. The proposed high density use is not consistent with the Comprehensive Plan or the
                single-family character of the neighborhood.
             2. There is insufficient room to provide the required on-site parking for the proposed use.

          Following discussion, a motion was made by Carlson and seconded by Bigger to accept the
          recommendation of the Planning Commission and deny Conditional Use C-09-004 based upon
          the Findings of Fact outline above. The motion carried by the following vote:
                                     Alexandria, Minnesota
                                        April 27, 2009

                    YES:     Bigger, Carlson, Miller, Benson, Frank
                    NO:      None

5.   Public Hearing – Section 10.24 Amendments

     This application seeks to amend Section 10.24, (Signs) of the City Code. The amendments
     primarily include technical corrections and clarification changes. Additions to the definitions
     have also been added to address a greater variety of signs.

     City staff has initiated these corrections merely to clean up the many revisions throughout the
     years. The changes make it easier to answer questions and interpret regulations.

     RECOMMEND APPROVAL of Zoning Text Amendment (TA-09-003) to amend Section 10.24
     (Signs) of the City Code.

     Following discussion, a motion was made by Miller and seconded by Carlson to accept the
     recommendation of the Planning Commission to approve Zoning Text TA-09-003 and approve
     for a first reading an ordinance amending City Code Section 10.24 with following changes: page
     3, #13 – change “includes” to “include”; page 10, M. iii – change “avoid” to “above”; page 11,
     Subd. 10, 4th sentence – change “aor” to “and/or”; page 20, 19. F – omit; page 21, B – change
     “licenses” to “licensed”; page 21, D – change second sentence to “…cause the removal of any
     sign...”. Council Member Carlson commended Ms. Tank for her work on the sign ordinance.
     The motion carried by the following vote:

                    YES:     Bigger, Carlson, Miller, Benson, Frank
                    NO:      None

6.   Public Hearing – Environmental Assessment Worksheet – Knute Nelson

     The Environmental Assessment Worksheet (EAW) prepared by the proposer of these projects
     was distributed for public review and comment and the notice of availability was sent for
     publication in the EQB “Monitor” on March 9, 2009. The thirty (30) day EAW comment period
     ended at 4:30 pm on April 8, 2009. No public hearing is required, since all comments were
     required to be made in writing by the close of the 30-day comment period.

     City staff has prepared written responses to all substantive comments received. The next step in
     the Environmental Review process is a decision by the City (acting as the Responsible
     Governmental Unit, or RGU) as to whether information sufficient to make a decision on the
     environmental impacts has been provided.

     In making its decision, the City must compare the impacts that may reasonably be expected to
     occur from the project with the following criteria or factors (taken from Minnesota Rules
     4410.1700):

        A. Type, extent, and reversibility of environmental effects
        B. Cumulative potential effects of related or anticipated future projects
        C. The extent to which environmental effects are subject to mitigation by ongoing public
           regulatory authority; and
        D. The extent to which environmental effects can be anticipated and controlled as a result of
           other available environmental studies undertaken by public agencies or the project
           proposer, including other Environmental Impact Statements.

     RECOMMEND the Council issue a negative declaration on the need for an Environmental
     Impact Statement for Knute Nelson Senior Living/Burgen Sunrise Living, based upon the Record
     of Decision, Findings of Fact and Conclusions.

     Following discussion, a motion was made by Carlson and seconded by Frank to accept the
     recommendation of the Planning Commission and adopt Resolution No. 09-35, RESOLUTION
     ISSUING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL
     IMPACT STATEMENT – “KNUTE NELSON SENIOR LIVING ADDITION AND BURGEN
     SUNRISE SENIOR LIVING ADDITION”. Council Member Bigger asked Mr. Weber about the
     EAW and the financial impact. Mr. Weber then reviewed that with the Mayor and City Council.
     The above motion carried by the following vote:

                    YES:     Bigger, Carlson, Miller, Benson, Frank
                    NO:      None
                                           Alexandria, Minnesota
                                              April 27, 2009


The full text of this Resolution appears in the Resolution file.

7.      Burgen Sunrise Third Addition – Final Plat

        Mr. Weber noted this is the next phase of the “Burgen Sunrise” development, which received
        preliminary plat approval from the City/Township Joint Planning Board in September 2005.
        Since the land itself is now located within the City limits, the Joint Planning Board no longer has
        jurisdiction over the development.

        Following staff review, it appears that the submitted final plat is consistent with the approved
        preliminary plat. All of the conditions for approval of the previous plat will carry forward to this
        phase as well, including the Developer’s Agreement, conservation easements, etc.

        RECOMMEND APPROVAL the final plat for “Burgen Sunrise Third Addition” with the
        conditions as noted.

        Following discussion, a motion was made by Bigger and seconded by Carlson to accept the
        recommendation of the Planning Commission and approve “Burgen Sunrise Third Addition”
        based upon the conditions outlined above. The motion carried by the following vote:

                         YES:    Bigger, Carlson, Miller, Benson, Frank
                         NO:     None


CITY ENGINEER’S ITEMS OF BUSINESS

A.      Airport Commission Recommendation – Improvement Projects – City Engineer Tim
        Schoonhoven noted the Airport Commission met to discuss the Airport sanitary sewer and the
        parking lot repaving. Most of the hangar area was repaved, but this area was not done because
        the pavement was in good enough shape to wait. This is a good time to replace the sanitary
        sewer because it is very shallow. This is a federal aid project and therefore 95% of the project
        would be funded. The City received about $150,000 per year in funding and this would come out
        of those funds. Following discussion, a motion was made by Bigger and seconded by Carlson to
        approve the Confirmation of Request for Engineering Services in the amount of $24,900 for the
        sanitary sewer and parking lot repaving projects at the Alexandria Airport. The motion carried
        by the following vote:

                         YES:    Bigger, Carlson, Miller, Benson, Frank
                         NO:     None

B.      Dakota Street – No Parking Resolution – Mr. Schoonhoven noted the Dakota Street project
        would be starting this summer and is a federal aid project that has been in the works for a long
        time. A resolution approved by the City Council is a requirement in the federal air process, and
        would ban parking on Dakota Street from T.H. 29 to 36th Avenue at all times. Mayor Ness
        wondered why not restrict parking all the way along Dakota Street to T.H. 27. Mr. Schoonhoven
        noted they wanted to leave the parking for Colorful Seasons. Mayor Ness pointed out that area is
        exactly where the bottle next is with all the traffic parking in that area. Mr. Schoonhoven noted
        this resolution is just for the Dakota Street project to get the plans approved. The City has local
        jurisdiction to restrict parking in that area the Mayor mentioned. Following discussion, a motion
        was made by Carlson and seconded by Benson to adopt Resolution No. 09-36, STATE AID FOR
        LOCAL TRANSPORTATION RESOLUTION RELATING TO PARKING RESTRICTIONS.
        The motion carried by the following vote:

                         YES:    Bigger, Carlson, Miller, Benson, Frank
                         NO:     None

The full text of this Resolution appears in the Resolution file.


CITY ATTORNEY’S ITEMS OF BUSINESS

City Attorney John Lervick had no items of business.
                                       Alexandria, Minnesota
                                          April 27, 2009

CITY ADMINISTRATOR’S ITEMS OF BUSINESS

City Administrator Jim Taddei reminded the Mayor and City Council of the League of Minnesota Cities
Annual Conference scheduled for June 24-26, 2009, in St. Paul.


OLD AND OTHER BUSINESS

Mayor Ness noted Wednesday in St. Paul is the Joint Legislative Conference, and that all five Douglas
County Commissioners, the County Coordinator, and one more County representative would be there.
City Representatives would include Council Member Miller and himself.


PUBLIC COMMENT PERIOD

There were no public comments.

There being no further business, a motion was made by Frank seconded by Carlson, and carried
unanimously to adjourn the meeting at 8:00 p.m.

                                                      ______________________________________
                                                      H. Dan Ness, Mayor

ATTEST: _________________________________
        James P. Taddei, City Administrator

								
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