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					                                         Alexandria, Minnesota
                                            August 13, 2007
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 Dan Ness called the
meeting to order at 7:00 P.M.

The following members were present: Carlson, Weisel, Benson, Frank
The following members were absent: Bigger
Two news media representatives were present.


CONSENT AGENDA

        A. Approve Minutes of July 23, 2007 Council Meeting
        B. Approve July Bills and Authorize Issuance
        C. Approve License Application and Authorize Issuance
                      Gambling:       VFW Post 936 – Resolution Approving Class A Minnesota
                                      Lawful Gambling Premise Permit (sell pull-tab and conduct
                                      bingo)

Following discussion, a motion was made by Frank and seconded by Carlson to approve the Consent
Agenda as presented. The motion carried by the following vote:

                       YES:      Carlson, Weisel, Benson, Frank
                       NO:       None
                   ABSENT:       Bigger

A motion was made by Carlson and seconded by Weisel to adopt Resolution No. 07-55, RESOLUTION
APPROVING CLASS A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT. The motion
carried by the following vote:

                       YES:      Carlson, Weisel, Benson, Frank
                       NO:       None
                   ABSENT:       Bigger

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


BRADLEY PETERSON, FLAHERTY & HOOD – COALITION OF GREATER MINNESOTA
CITIES (CGMC) UPDATE

Bradley Peterson, along with Mike Flaherty, of Flaherty & Hood, representing the CGMC, indicated he
was present to update the City on the 2007 Legislative Session; a copy of the 2007 CGMC Positions and
Legislative Outcomes is attached to and made a part of these minutes. He then thanked the City Council
for being a member of the Coalition and also thanked Mayor Ness as the past President for the Coalition.
In summary, the Local Government Aid (LGA) increase was successful in the Legislature but then vetoed
by Governor Pawlenty due to his opposition to a technical change to the budget forecast. The vetoed tax
bill included an LGA study group, which will be working on a new formula. They are proposing have a
study group for the metro area and one for Greater Minnesota.

Mayor Ness noted the formula for LGA does not recognize Alexandria as a regional center. They were
hoping the formula would take into account Alexandria as a regional center rather than using the 2000
census for the formula. The Department of Employment and Economic Development recognizes that the
City of Alexandria is a regional center. The City keeps fighting that issue on its own. Mr. Peterson
indicated the CGMC does have it in their bill to update those figures. He then noted on the Environment
issue, the Coalition is fighting for TMDL standards affecting each water body individually. They were
successful in delaying the implementation of the state regulations until May 1, 2008. The MPCA
proposed rule would cost $135 million to certain cities. The Governor also vetoed the transportation
package but signed the “lights on” bill that would continue funding for MnDOT and provide an
additional $20 million to Metro Transit. The annexation bill went relatively smooth.

The Mayor and City Council mutually felt it was a very good report and thanked Mr. Bradley for his
presentation.


PUBLIC HEARING – INNOVATIVE ENTERPRISES OF ALEXANDRIA ON-SALE LIQUOR
APPLICATION

Mayor Ness noted it was 7:15 p.m. and opened the Innovative Enterprises of Alexandria on-sale liquor
license application public hearing.
                                         Alexandria, Minnesota
                                             August 13, 2007
City Administrator Jim Taddei noted the applicant is requesting a liquor license for a restaurant to be
located at the southwest corner of 30th Avenue and South Broadway – 2715 T.H. 29 South. The City
Code requires a business to have 55% food sales in order to obtain a liquor license, and the building must
be at least 1,200 square feet in size. They do not have a building yet, so their intention is to obtain the
liquor license now, to be assured they have it for 2008. They also have to have $300,000 in value for the
building.

Mayor Ness then called for public comments, and hearing none he closed the hearing at 7:20 p.m.

Following discussion, a motion was made by Frank and seconded by Carlson to approve the on-sale
liquor license for Innovative Enterprises of Alexandria d/b/a Bennigans of Alexandria and subject to the
investigative report signed and presented to the City and completion of the required building prior to the
issuance of the license. The motion carried by the following vote:

                      YES:      Carlson, Weisel, Benson, Frank
                      NO:       None
                  ABSENT:       Bigger

Mayor Ness noted for the record that this item passed on a 4/5 vote, which is required for on-sale liquor
license.


CORRESPONDENCE:

    A.      Bethany Community – Request To Block-Off Lark Street On September 22-23, 2007 for 90th
            Anniversary Celebration – Mayor Ness noted the City received an email from Bethany
            Community requesting permission to close off Lark Street between 10 th and 11th Avenues on
            September 22nd and 23rd for the purpose of celebrating it’s 90th Anniversary of operation in
            the City of Alexandria. They would be holding a celebration event and would like to use the
            street for display of antique vehicles and other displays appropriate to the event. Following
            discussion, a motion was made by Frank and seconded by Carlson to authorize Bethany
            Community to block-off Lark Street on September 22-23, 2007, during the daylight hours
            only, to contact the Police Department, Street Department, and Fire Department regarding
            the event, and to list the City of Alexandria as an additional insurer on its insurance policy.
            The motion carried by the following vote:

                      YES:      Carlson, Weisel, Benson, Frank
                      NO:       None
                  ABSENT:       Bigger

    B.      Viking Speedway – Request To Schedule Race On September 8, 2007 – Mayor Ness noted
            Viking Speedway would like to hold a racing event on Saturday, September 8, 2007 for the
            Jerry Kluver Memorial Superstock Special. This is a make up race because it was previously
            rained out. Council Member Frank wondered if this would be an additional license. Mr.
            Taddei stated he did not think so, but rather it would replace the rainout date from July 4 th.
            Following discussion, a motion was made by Frank and seconded by Benson to authorize
            Viking Speedway to hold a race event on Saturday, September 8, 2007. The motion carried
            by the following vote:

                               YES:      Carlson, Weisel, Benson, Frank
                               NO:       None
                           ABSENT:       Bigger

    C.      Ness Waller Pearson – 2007 Audit Agreement – City Administrator Jim Taddei noted the
            City received an agreement from its auditors, Ness Waller Pearson, to conduct the 2007
            audit, in the amount of $51,000. He pointed out there is a very significant increase in the
            amounts. The main difference is the new Federal requirements that are now enforced for
            audits. The GASB is replacement costs. Council Member Frank wondered if there was any
            chance the fee could be higher or lower since the letter states that they “estimate” their fees
            to be that amount. Mr. Taddei noted once the agreement is signed, the fee is set for the City,
            and any increase would require City Council approval. Following discussion, a motion was
            made by Frank and seconded by Carlson to approve the 2007 Audit Agreement, in the
            amount of $51,000 with Ness Waller Pearson. The motion carried by the following vote:

                      YES:      Carlson, Weisel, Benson, Frank
                      NO:       None
                  ABSENT:       Bigger

    D.      Virg Batesole – Request For Time Extension To Connect To Sanitary Sewer And Request
            To Purchase Property – Virg Batesole, 408 Agnes Boulevard, noted he is requesting to
                              Alexandria, Minnesota
                                 August 13, 2007
purchase a 30-foot strip of land adjacent to his property. He would be planting many trees
and the land would also be put back on the City’s tax rolls so the City would benefit from the
sale and the added taxes. He is also asking for a 90-day extension for replatting of the
property to run a sewer line. He pointed out the Mayor and City Council had been out to
view the property. It would add a lot to his property in that he would be getting a buffer
zone. It has been nine years since this has been industrial property abutting the residential
property. He is willing to put in that buffer at his own expense. The property would be back
on the tax rolls. Right now there is only about a five-foot strip that the City could use. He
can understand why the Street Commissioner would not want to sell it. It has been useable
property, but this has been unused by the City.

Concerning the 90-day extension issue, Council Member Carlson noted that in her
conversation with Mr. Batesole, he needs to replat the land he has and get the sewer in and
hooked up. She wondered if 90 days is an acceptable amount of time to get it platted and get
the sewer installed. City Planner Mike Weber noted the original time extension expired in
2005. Also Mr. Batesole has to receive approval from the Planning Commission for platting.
City Engineer noted its very poor timing to dig in the sewer in November. The Planning
Commission deadline for September is Friday, August 17th at 4:30 p.m. Mr. Batesole has
very short period of time to get it in. Council Member Weisel stated he was confused.
Council Member Frank wondered why it has taken so long to get this process taken care of
when there are guidelines in hand. What makes it different for Mr. Batesole to be allowed an
extension of over two years, and now he wants another 90 days? Mr. Frank remembers at
one time it was discussed about removing the house. He does not feel Mr. Batesole kept up
his end of the bargain, and wondered why has this taken so long? Mr. Batesole agreed the
whole process has been confusing and he does not know why it has taken so long. He
contact Mr. Ferguson four years ago and they went to ALASD and paid $2500 and got a
permit. Mr. Ferguson has had conversations with ALSAD and there is some type of hold
up. He checked with ALASD, who advised the City never approved it. Mr. Ferguson said it
is an ALASD permit so the City does not have to approve it. However, it was discovered
that the City does have to approve the permit. Mr. Batesole then contacted Nyberg
Surveying and they said a person could give himself an easement to go across his own
property. Mr. Batesole mentioned ALASD and the City did not like it done that way and
said it would be better if the whole thing was joined into one parcel instead of Mr. Batesole
giving himself an easement. He then talked to Mr. Stoeckel who said okay and then Mr.
Nyberg said okay. He then talked to Mr. Taddei and asked if he should give himself an
easement or combine the properties. Mr. Weber stated he felt it would be easier to combine
all the properties. Mr. Stoeckel felt it should be cleaned up without the jog in the property.
Mr. Batesole noted some times things just take time. He originally donated the house but it
would cost $85,000 to move the property to Garfield so the non-profit organization gave the
house back to him. At the very least, he would like to save the basement because it is the
Hicks original log cabin and he feels it is worth saving. He pointed out this whole process
with the sewer has just taken too long. Council Member Frank feels he is not in favor of the
extension because they gave Mr. Batesole a long period of time to comply. He does not
believe the 30-foot piece of property should be a part of this item. Mr. Batesole stated the
sewer would be put in next week if he could find a contractor. Whatever it takes, he is ready.
Council Member Carlson stated she understood Mr. Frank’s point and it was well taken, but
now what are the Council’s options – she feels they should extend it in good faith and they
would have a signed plat and a condition that says whenever the ground is unfrozen the
sewer would go in. Mr. Weber noted the option would be to extend the mainline to that
property –he does not have to plat the property. Mr. Schoonhoven stated it would require a
main extension, which needs a registered engineer, submit it to the State, and then get a
permit. Platting is just a way to get around that main extension. ALASD does not put
mainline in easements, but rather they put it in the road. Council Member Carlson stated it
could possibly take six weeks. Mr. Schoonhoven noted it would be six weeks for the permit
alone. Mr. Weber noted there are options beyond the platting option.

Mr. Batesole noted the disadvantage for him is, having to get all the engineer’s permits from
the state. It would run double to put the utilities in the ditch and now the cost is up to
$60,000 and it is over a block away. He wondered how many people have to pay for sewer
to be extended a block and a half way. He felt that $30,000 was a substantial amount to
install sewer, but now he is looking at $60,000. Council Member Benson wondered why the
sewer line was not put in when the rest of the sewer in the area was put in. Mr. Batesole
stated he has been waiting only to realize the City had not signed the permit. What changed
his mind in not tearing down the house was he learned through the historical society that it
was the second building in the whole county. Council Member Benson wanted to know if it
was designated historical. Mr. Batesole stated no, but it should be, and that he has been
trying to save the basement. He could possibly tear down the house and put a cover over the
basement to save it. Council Member Carlson stated it his choice and that he has options.
                                           Alexandria, Minnesota
                                              August 13, 2007
           Mr. Batesole stated no one ever told him that the ALASD permit had not been signed or
           approved. He went to ALASD after a year and asked him if his permit was going to expire,
           and Mr. Nelson stated he would take care of it. He stated his understanding was he could
           plat the property. Mr. Schoonhoven noted even if he gets the preliminary plat, they still
           would need to get an engineering sewer plan. It would be a condition that would have to be
           done. Mr. Weber stated the Council’s options would be to request Mr. Batesole to get the
           plat in by the 4:30 p.m. deadline on Friday, grant the extension, deny the extension and
           install the sewer line, or tear down the house. Mr. Schoonhoven noted there are two types of
           sewer lines – to extend the line, which would take about six weeks, or a sewer service, which
           is just replatting the property and do a service extension.

           Council Member Frank made a motion to deny the 90-day extension but extend the deadline
           for completion of the project to October. Council Member Benson wanted it explained to
           him by Mr. Weber. Mr. Weber felt Council Member Frank could incorporate the previously
           stated compliance, which would be to grant an extension until October 31 st conditioned on
           the platting and sewer extension process being completed. Council Member Frank then
           revised his motion and it was seconded by Carlson to grant Mr. Batesole an extension until
           October 31, 2007, conditioned on the platting and sewer extension process being completed.
           The motion carried by the following vote:

                      YES:     Carlson, Weisel, Benson, Frank
                      NO:      None
                  ABSENT:      Bigger

           On the second item concerning Mr. Batesole’s request to purchase a 30-foot strip of land,
           Council Member Carlson wondered if the City were to sell that land, would that impact Mr.
           Batesole’s extension? Mr. Weber stated he could seek to include that land in the plat
           assuming the Council agrees to sell it. However, there are other platting requirements in the
           plat that have not been met. He is not sure how much Mr. Stoeckel or another surveyor
           could do by Friday. Mr. Batsole stated he heard Mr. Stoeckel stated it would not be easier to
           make the property without the jogs. Mr. Weber noted this strip of land would straighten out
           the lot line, because the line is not currently crooked. Mr. Batesole pointed out he mailed a
           check to the City in the amount of $10,000 for the land and he never heard anything back,
           and the City promised to take care of the conveyance. He trusted the City to get this taken
           care of. Mr. Weber pointed out that the conditions of sale were included in Larry Johnson’s
           letter to Mr. Batesole in February 2004, and that the platting arrangements were Mr.
           Batesole’s responsibility and cost. He has not met those conditions and so no conveyance of
           land has taken place.

           Street Commissioner Bryan Bjorgaard stated he is requesting the City keep it to protect the
           slope for the City garage. They have no idea what is going to be on the backside of that
           slope. If they sell the property they would not have any protection except in the slope. The
           lot line is straight now. Council Member Weisel looked at property and he sees the need for
           the City to protect it. The City needs that property to protect it. Council Member Carlson
           asked Mr. Bjorgaard if he planned to plant trees. Mr. Bjorgaard stated he plans to put up a
           fence, as soon as Mr. Batesole removed the items he has on the property, and then the City
           would plant trees to help with erosion. Following discussion, a motion was made by Benson
           and seconded by Weisel to deny Mr. Batesole’s request to purchase the 30-foot strip of land
           adjacent to his property from the City of Alexandria. The motion carried by the following
           vote:

                              YES:     Carlson, Weisel, Benson, Frank
                              NO:      None
                          ABSENT:      Bigger


PETITION FOR ALLEWAY IMPROVEMENT BETWEEN 10TH AND 11TH AVENUE EAST,
AND BROADWAY AND HAWTHORNE STREETS

City Administrator Jim Taddei noted the City received a petition for alleyway improvements from three
property owners along the west side of the alleyway. They have agreed to pay the full cost of improving
the alley with the City covering the engineering fees, and to waive the public hearing requirements.
Following discussion, a motion was made by Carlson and seconded by Weisel to accept the petition and
adopt Resolution No. 07-56, RESOLUTION DECLARING ADEQUACY OF PETITION AND
ORDERING PREPARATION OF REPORT TO IMPROVE AND ALLEY. The motion carried by the
following vote:

                      YES:     Carlson, Weisel, Benson, Frank
                      NO:      None
                  ABSENT:      Bigger
                                           Alexandria, Minnesota
                                              August 13, 2007
The full text of this Resolution appears in the Resolution file.


CITY ENGINEER TIM SCHOONHOVEN – RESOLUTION AUTHORIZING THE WIDENING
OF WAL-MART DRIVE

City Engineer Tim Schoonhoven noted he met with the developer to come up with a solution for Wal-
Mart Drive. The proposed project would consist of the widening of Wal-Mart Drive from the curve
north of the Northwoods Plaza to the intersection with Twin Boulevard, approximately 451 feet, which is
basically one parking lane. The owner has agreed to pay for the entire cost, so there would need to be a
developer’s agreement to protect the City’s interest. The project would include widening the existing
street approximately eight feet on the south side, and would include a new curb and gutter, the
replacement of concrete driveway entrances, and the relocation of a catch basin and a fire hydrant.
Following discussion, a motion was made by Carlson and seconded by Frank to adopt Resolution No. 07-
57, RESOLUTION AUTHORIZING THE WIDENING OF WAL-MART DRIVE. The motion carried
by the following vote:

                       YES:      Carlson, Weisel, Benson, Frank
                       NO:       None
                   ABSENT:       Bigger

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

On another informational item, Mr. Schoonhoven noted a preconstruction meeting for the Downtown
Watermain Project had been held recently. The project is ready to start next week and would take about
three weeks with all underground boring. He pointed out there would not be a lot of disruption with this
project.

On an unrelated item, Council Member Benson wondered why the Spruce Street project is taking so long.
Mr. Schoonhoven noted it is an ALASD project but it is in the City streets so the City has an interest. He
met with the contractor and they are working to resolve the issue. He pointed out there was a soil
problem and that project has been tore up for at least six weeks.


CITY ATTORNEY’S ITEMS OF BUSINESS

City Attorney John Lervick noted they received notice from the Police Union that they are initiating the
2008-2009 contracts for the Police Department. He mentioned staff is meeting to go over what items the
City has concerns about.


CITY ADMINISTRATOR’S ITEMS OF BUSINESS

City Administrator Jim Taddei noted the City received several inquiries for the vacated position on the
Economic Development Board. The appointed member has historically represented Ward I. He noted
Council Member Bigger wanted to be involved in that item but she is not in attendance so perhaps they
should wait until the next City Council meeting. The Council mutually concurred.


OLD AND OTHER BUSINESS

Mayor Ness appreciated what ALP, Street Department and Park Department were doing in the wake of
the weekend storm. They got power restored as soon as possible. The fact that people can put their tree
trimmings on the boulevard and the City picking it up is a real service. He wanted to commend all of the
departments for their work. Council Member Benson stated ALP General Manager Al Crowser was
going through the neighborhoods to check things out. Council Member Frank added to Mr. Benson’s
comment in that looking at all the county and city departments and the amount of traffic they had to
handle -- the emergency services were put to the test over the weekend and they passed the test. City
Administrator Jim Taddei noted the Street and Park Department were out within 15 minutes after the
storm to get the streets cleared before daylight.

Mayor Ness noted he participated in the dedication of the Veteran’s Memorial at the Runestone
Community Center. It is a very tasteful memorial for all the branches of the military. Alexandria Light
and Power stated they would take care of the electrical costs and the RCC staff will take care of the
maintenance. During the Douglas County Fair, the Fair Board will dedicate the memorial, and the
various veteran clubs will take turns retiring of the colors during the Fair. He also noted there were State
Senators and County Commissioners at the dedication and he felt it was very well attended.
Congratulations to everyone who made that possible.

Council Member Carlson recognized County Commissioner Paul Anderson.
                                       Alexandria, Minnesota
                                          August 13, 2007
PUBLIC COMMENT PERIOD

Charlie Meyer, 116 Ivy Circle, reiterated that the City should be very proud of the Emergency Medical
Services. He noted his business was out of power at 1:30 a.m. and it was back on by 6:00 a.m. He
thanked the entire City crew for their speedy response.

Douglas County Commissioner Paul Anderson wanted to compliment the City’s response as to what
damage the storm did. The speed and the cooperation that it was taken care of were remarkable.

There being no further business a motion was made by Frank, seconded by Carlson, and carried
unanimously to adjourn the meeting at 8:42 p.m.

                                                      __________________________________
                                                      H. Dan Ness, Mayor

ATTEST: ______________________________
       James P. Taddei, City Administrator

				
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