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					                                         Alexandria, Minnesota
                                             July 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: Carlson, Benson, Frank
The following members were absent: Bigger, Miller
Also present were two news media representatives.


CONSENT AGENDA

        A.      Approve Minutes of July 13, 2009 City Council Meeting
        B.      Approve Licenses and Authorize Issuance
                      Heating:        Two Sons (new)
                                      All Season Heating (new)
                      Gambling:       Chain of Lakes Ducks Unlimited (sell raffles for 9/24/09 event
                                      at Broadway Ballroom)

Following discussion a motion was made by Frank and seconded by Benson to approve the Consent
Agenda as presented with the addition of the gambling permit. The motion carried by the following vote:

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


JASON MURRAY, AAEDC DIRECTOR, ITEMS OF BUSINESS

A.      TIF Compliance Summary – AAEDC Director Jason Murray reviewed the 2008 Municipal
        Incentive Programs, City of Alexandria, Compliance Summary, copy of which is attached to and
        made a part of these minutes. The compliance includes Tax Increment Financing – Housing
        Development Districts (Rental), Tax Increment Financing – Housing Development Districts
        (Owner Occupied), Tax Increment Financing – Economic Development Districts, and Job
        Opportunity Building Zones. This Compliance Summary is due to the State Auditor’s the end of
        July. Next year there will be four new districts. Mr. Murray mentioned districts that are not
        owner occupied will be decertified. The City is only decertifying the parcel, not the district.
        Generally they have 24 months to come into compliance, and they are very close to performing.
        JOBZ is governed differently that TIF, where the State mandates the minimum wage rate. All
        companies have met their job requirements, except the new ones, and are performing very well.
        The City has to make sure the districts are spending more than they are receiving, they must have
        expenditures that exceed their TIF note amount. The state average is about 4.5% of market
        valuation, and the City is at 3.8%.

B.      Resolutions Decertifying Tax Increment District (TIF) No. 25 – Mr. Murray mentioned “The
        Preserve” has a parcel (63-0039-060) that needs to be decertified from TIF District No. 25. This
        is due to a lack of qualified income.

        Mayor Ness recessed the City Council meeting at 7:09 p.m. and opened the Alexandria
        Economic Development Authority meeting.

        Following brief discussion, a motion was made by EDA Member Carlson and seconded by Frank
        to adopt EDA Resolution No. 09-09, RELATING TO THE DECERTIFICATION OF CERTAIN
        PARCELS WITHIN TAX INCREMENT FINANCING DISTRICT NO. 25, THE PRESERVE.
        The motion carried by the following vote:

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

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

        Council Member Carlson asked Mr. Murray to explain the “Summary of Preserve” sheet. Mr.
        Murray noted every applicant must go through the income qualifications. On the sheet, he
        highlighted in yellow those parcels that have been decertified, highlighted in red is the one taken
        out, and the white ones are yet to come. The City collects the increment and upon improvement
                                       Alexandria, Minnesota
                                           July 27, 2009

     check income qualifications, at that point if not income qualified that amount will be returned to
     the County. However, if they qualify it then becomes a second mortgage to fill the gap.

     A motion was then made by EDA Member Carlson and seconded by Frank to adjourn the EDA
     meeting at 7:12 p.m. The motion carried by the following vote:

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

     Mayor Ness reconvened the Alexandria City Council meeting.

     A motion was made by Frank and seconded by Carlson to adopt Resolution No. 09-51,
     RELATING TO THE DECERTIFICATION OF CERTAIN PARCELS WITHIN TAX
     INCREMENT FINANCING DISTRICT NO. 25, THE PRESERVE. The motion carried by the
     following vote:

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

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


CORRESPONDENCE:

A.   West Central MN Aidswalk – September 19, 2009 – Mayor Ness noted Diane Hermes, WC
     RAAN Office, is requesting permission to use City Park and Big Ole Park for the Sixth Annual
     West Central AIDS Walk on September 19th beginning at 10:00 a.m. and ending at noon. The
     walk would begin at the Bandstand Shelter at City Park, then proceed along the trail around Lake
     Agnes to Big Ole Park, and then back to the Bandstand Shelter. Following discussion, a motion
     was made by Carlson and seconded by Benson to approve the use of City Park and Big Ole Park
     for the Sixth Annual West Central AIDS Walk on September 19, 2009 subject to Park Board
     approval. The motion carried by the following vote:

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

B.   Bonito Mazatlan – Liquor License Refund Request – Mayor Ness noted the City received a letter
     from Fausto Lopez, who previously owned Bonito Mazatlan, the Mexican Restaurant on North
     Nokomis, requesting a refund on his liquor license. City Administrator Jim Taddei pointed out
     the City received the application in May, gave Mr. Lopez four months credit on his application,
     and charged him for eight months. He closed his business on June 4th, and is now requesting a
     refund of the $3,000 fee.

     Following discussion, a motion was made by Benson and seconded by Carlson to refund Mr.
     Lopez $1,875 for the five months remaining on his license. The motion carried by the following
     vote:

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

C.   Harold Koep – Special Use Vehicles – Harold Koep, 605 Hawthorne Street, introduced his
     representative Tom Reif, and explained he brought Mr. Reif with him to help present the
     ordinance they are proposing for the motorized golf carts.

     Mr. Reif indicated he is representing Harold Koep, who is asking to modify the current ordinance
     that currently allows motorized golf carts on the city streets. They are asking to allow motorized
     golf carts on all city streets except state and federal highways. There are all types of motorized
     vehicles on the streets. Currently there is an ordinance for certain requirements that would allow
     golf carts to drive on city streets. They are asking to expand or clarify that ordinance which they
     believe is outdated. The advantages for the use of golf carts in the city is the green factor, they
     get good gas mileage. Going “green” seems to be the most direction that most cities are going to
     nowadays. It is their feelings that this would help slow traffic down perhaps. This would also
                                          Alexandria, Minnesota
                                              July 27, 2009

        have a great advantage to the elderly or disabled that live in the City, but are not licensed. In lieu
        of being licensed they could present a permission letter that would allow those elderly to use golf
        carts. He does not see a lot of negative for allowing such. Of course there are restraints that
        would address many of those provisions including 18 years of age, safety factors, slow moving
        vehicle signage, and other mandates by the State of MN. He had not had a chance to talk to other
        communities that have allowed the use of golf carts. The City of Morris licenses them through
        the Police Department. That city has had no trouble whatsoever, and only finds positive things to
        say about it. Last year they had only 17 applications and no significant problems. Mr. Reif
        would like to provide and file copies of the proposed ordinance and letter from the Police Chief
        of the City of Morris.

        Council Member Carlson noted it was her understanding that the Legislative Committee referred
        this issue to the City staff to be discussed at the Council work session. Council Member Frank
        noted it was a recommendation from the Legislative Committee to suspend issuing any Special
        Use Vehicles licenses and to discuss the matter at the Council work session. Mr. Reif mentioned
        there would be no decisions made at the work session and therefore that is why they wish to
        present this now. Mr. Frank noted there have been a lot of questions since this issue has come to
        light.

        A motion was made by Frank and seconded by Carlson on behalf of the Legislative Committee to
        suspend the issuing of any permits and put it on the items to be discussed at the City Council
        work session on August 3rd. The motion carried by the following vote:

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


FEE SCHEDULE ORDINANCE – 911 SIGNS AT $30.00 – FIRST READING

City Administrator Jim Taddei noted with the recent annexation, the Douglas County Public Works is
charging the City a fee for the blue 911 signs, and therefore to recoup the cost the City needs to add this
fee to its fee schedule. Mayor Ness asked why is the City becoming involved in issuing and charging for
911 signs? Mr. Taddei noted this is more for rural residential areas, not the urbanized areas. The City
has worked out an area for this. Council Member Frank questioned why would a 911 sign be required in
a new developed area if there is a street name that could be used? Mayor Ness wondered if home owners
would be placing the 911 where ever they pleased. Mr. Taddei noted the City installs the poles for the
911 signs so that they are uniform and consistently in the same place for everyone. Following
discussion, a motion was made by Frank and seconded by Carlson to adopt for its first reading an
ordinance amending the fee schedule for the City of Alexandria by adding the $30.00 fee for the 911
signs. The motion carried by the following vote:

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


CITY PLANNER MIKE WEBER – PLANNING COMMISSION RECOMMENDATIONS

1. Public Hearing – Zoning District Amendment – Bernice Hill

    This application seeks to rezone property located at 901 and 903 Oak Street from R-1, “Single
    Family Residential” to R-2 “Single & Two Family Residential”. The lots proposed for rezoning are
    legally described as “the N 50 ft of Block 54 and the S 112.20 ft of Block 54, both contained within
    Holes Garden Park Addition”, (parcels 63-2627-000 and 63-2628-000, respectively).

    RECOMMEND APPROVAL of Zoning District Amendment (DA-09-003) submitted by Bernice Hill
    based on the following Findings of Fact:

    1. The request is consistent with the City’s Comprehensive Plan = Low to Medium Density
       Residential
    2. The request meets land area, floodplain and wetland requirements of the City Code.
    3. The request will not depreciate the surrounding area.
    4. The request is consistent with the character of the surrounding area with residential to the north,
       south and east; and light industrial to the west.
                                        Alexandria, Minnesota
                                            July 27, 2009

   5. Existing utilities adequate and are available in Oak Street, condition may be included for future
       development.
   6. Existing streets are adequate with Oak Street available.
   7. The request will not place any undue financial burden on the City.
   8. There are no significant, unanticipated changes due to changes in technology, urban development
       or social behavior.
   9. No community policies have changed.
   10. No mistakes were made at the time the Plan was developed or the Zoning Ordinance was
       adopted.
   11. The rezoning will not result in “spot” rezoning.

   Following discussion, a motion was made by Carlson and seconded by Frank to accept the
   recommendation of the Planning Commission to approve Zoning District Amendment DA-09-003
   based upon the Findings of Fact outlined above and adopt for a first reading an ordinance rezoning
   property in the City of Alexandria. The motion carried by the following vote:

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

2. Final Plat – “Lakewood Terrace”

       The City approved the preliminary PUD application for this project in March, 2009. One of the
       conditions of approval was submittal of the final plat creating separate parcels of land for the
       three apartment sites and the commercial site along South Broadway. The final plat creates six
       (6) parcels, with Lot 4 and Lot 5 both being identified in Section 1.5 of the Declarations for
       Common Interest Community N. 248 as “Common Elements” and in Section 2.3 as being subject
       to access easements for Lot 1, 2 and 3.

       RECOMMEND APPROVAL of the final plat for “Lakewood Terrace” with the following
       conditions:

           1. The Common Interest Community declarations must be recorded along with the approval
              final plat.
           2. Payment of a park contribution of $6700 prior to release of the final plat for recording.
           3. Connection to public utilities as per ALP/ALASD requirements.
           4. A Developer’s Agreement be executed prior to release of the final plat for recording. The
              agreement to include a schedule for the proposed public improvements as well as any
              cost-sharing or assessment.
           5. Proper evidence of title to be submitted to the City Attorney.

       Following discussion, a motion was made by Frank and seconded by Carlson to approve
       “Lakewood Terrace” based upon the conditions outlined above. The motion carried by the
       following vote:

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

3. Public Hearing – Residential Planned Unit Development – “Washington Square Developers”

   This application seeks to create a non-single-family Residential Planned Unit Development (PUD).
   The PUD would include: cooperative housing in the existing Washington School Building, the
   realignment of Kenwood Street, and the creation of pocket townhomes on the balance of the
   Washington School property. The property is located at 515 Jefferson Street and is legally described
   as: Blk 114, “Original Alexandria”, Blk 3, “Hicks 4th Addition”, and Lots 1-6, Blk 4, “Hicks 4th
   Addition”, Section 19, Township 128, Range 37, Douglas County, Minnesota”.

   A. RECOMMEND APPROVAL of the Subdivision Application (SA-09-002) submitted by
      Washington Square Developers subject to the following conditions:

       1. A developer’s agreement shall be executed prior to the release of the final plat for recording.
          The agreement shall include a schedule for the proposed public improvements and
          arrangements for the maintenance of all stormwater retention facilities.
       2. Title opinion to be submitted with final plat for review by City Attorney.
                                        Alexandria, Minnesota
                                            July 27, 2009

      3. Payment of the park cash contribution of $500 per unit on the difference in number of
         dwelling units (47) over the base of thirteen (13) in the final plat, payable prior to release of
         the final plat for recording.
      4. Connection to public utilities as per ALP/ALASD requirements.

      Following discussion, a motion was made by Carlson and seconded by Benson to accept the
      recommendation of the Planning Commission and approve Subdivision SA-09-002 based upon
      the conditions outlined above. The motion carried by the following vote:

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

   B. RECOMMEND APPROVAL of the Conditional Use Application (C-09-007) submitted by
      Washington Square Developers based upon the Findings of Fact:

      1. The proposed project is not detrimental to present and potential surrounding land use.
      2. Land surrounding the proposed development can be planned in coordination with the
          proposed development and can be developed so as to be mutually compatible.
      3. Streets and sidewalks, existing and proposed, are suitable and adequate to carry anticipated
          traffic within the proposed project and in the vicinity of the proposed project, in light of the
          criteria set forth in this Code and in compliance with transportation level of service standards
          and guidelines contained in the comprehensive plan.
      4. Services including potable water, sanitary sewer and storm drainage are available or can be
          provided by the development prior to occupancy so as to comply with the level of service
          standards or guidelines contained in the comprehensive plan.
      5. The development, as planned to be completed, contains the required parking spaces,
          recreation spaces, landscape and utility areas necessary for creating and sustaining a
          desirable and standard environment.
      6. The project conforms with the purposes and standards prescribed in Chapter Ten of the City
          Code.
      7. The project conforms to the recommendations contained within the Comprehensive Plan.
      8. The concurrent subdivision application is in conformance with the requirements of City
          Code Section 11.
      AND, the following conditions:
      1. Building permit required.
      2. Separate sign permit required.
      3. Off-street parking including 1.5 stalls per unit for co-op and 2 stalls per unit for townhomes.
      4. Connection as per ALP/ALASD. For co-op: no charge if the same size or smaller domestic
      lines are used. For townhomes: credit will be given for the five (5) previously existing units. The
      balance of the units (14) will be subject to 80% of the normal single-family housing charge of
      $9,000.
      5. Any exterior lighting to be hooded and directed away from public streets.

   Following discussion, a motion was made by Frank and seconded by Carlson to accept the
   recommendation of the Planning Commission and approve Conditional Use C-09-007 based upon the
   Findings of Fact and conditions outlined above, and with the conditions noted on the Conditional Use
   Analysis. The motion carried by the following vote:

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

C. RECOMMEND APPROVAL of Zoning District and Comprehensive Plan Amendment (DA-09-004)
   submitted by Washington Square Developers based on the following Findings of Fact:

      1. The request is consistent with the City’s Comprehensive Plan = Institutional surrounding,
         area = low to medium residential.
      2. The request meets land area, floodplain and wetland requirements of the City Code =
         Planned Unit Development (PUD).
      3. The request will not depreciate the surrounding area.
      4. The request is consistent with the character of the surrounding area with residential on all
         sides.
      5. Existing utilities adequate to accommodate the request.
      6. Existing streets are adequate to handle the request.
      7. The request will not place any undue financial burden on the City.
                                        Alexandria, Minnesota
                                            July 27, 2009

        8. School use is being abandoned.
        9. No community policies have changed.
        10. No mistakes were made at the time the Plan was developed or the Zoning Ordinance was
            adopted.
        11. The rezoning will not result in “spot” rezoning.

     Following discussion, a motion was made by Carlson and seconded by Frank to accept the
     recommendation of the Planning Commission and approve Zoning District and Comprehensive Plan
     Amendment DA-09-004 based upon the Findings of Fact outlined above and to adopt for its first
     reading an ordinance rezoning property in the City of Alexandria and amending the City’s
     Comprehensive Plan. The motion carried by the following vote:

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

4. Final Plat – “The Trails Third Addition”

        This is the final phase of The Trails subdivision. The preliminary plat for this subdivision was
        approved in 2002 and build out is proceeding in accordance to that preliminary plat. Since this
        phase is consistent with the approved preliminary plat, staff recommends approval of “The Trails
        Third Addition”, as submitted.

        RECOMMEND APPROVAL of the final plat for “The Trails Third Addition” as all
        requirements have been met.

        Following discussion, a motion was made by Carlson and seconded by Benson to accept the
        recommendation of the Planning Commission and approve “The Trail Third Addition” final plat.
        The motion carried by the following vote:

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

        Mr. Weber noted the rest of the Planning Commission meeting was informational.


CITY ATTORNEY’S ITEMS OF BUSINESS

City Attorney John Lervick noted the City Council had some concern about construction signs
advertising out of town businesses at the new Park Department Building.            However, at the
preconstruction meeting for the project, the contractors advised they would not be placing signs out
during the construction.

On another item, Mr. Lervick noted Michelle Clark, Lake Mary Township Attorney, contacted him
relating to Zavadil annexation, which will leave a road that is partially surrounded by the City and the
Township. Under state law, the City is required to negotiate with Lake Mary Township about snow
removal, etc. He has sent a proposal to Lake Mary Township concerning this.


CITY ADMINISTRATOR’S ITEMS OF BUSINESS

1.      Stormwater Management Plan Public Hearing/City Council Work Session – City Administrator
        Jim Taddei noted reminded the Mayor and City Council of the Stormwater Management Plan
        public hearing scheduled for Monday, August 3, 2009, at 6:00 p.m. in the Council Chambers, and
        the City Council work session will follow the hearing at 7:00 p.m. Items to date for the work
        session include special use vehicles regulations and expenditure options for the 2010 budget.
        This is an informational item not requiring City Council action.

2.      2009 Budget Amendment – Mr. Taddei explained the Governor has unalloted Local Government
        Aid (LGA) in 2009. Although the Department Heads and the Budget Committee has presented
        revisions to the 2009 budget in anticipation of the Governor’s unallotment, action should be
        taken on amending the 2009 Budget to reflect those changes. The $315,000 budget revision is
        more than the Governor has unalloted but this is in anticipation for 2010 cuts. Following
        discussion, a motion was made by Carlson and seconded by Frank to incorporate the $315,000
        revisions in the 2009 budget. The motion carried by the following vote:
                                         Alexandria, Minnesota
                                             July 27, 2009

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

3.      Waiver and Release of Road Right-of-Way Interest – Mr. Taddei noted as part of the Dakota
        Street project it became evident that there was an existing old road right-of-way through the
        Target property that has never been constructed. As part of the City’s negotiations with Target,
        the City has agreed to release and waive our interest in this right-of-way. Following discussion,
        a motion was made by Carlson and seconded by Benson to authorize the Mayor and City
        Administrator to sign the Waiver and Release. The motion carried by the following vote:

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


OLD AND OTHER BUSINESS

Council Member Carlson wondered if they could do general updates by the Committees at the Council
work session also. Mr. Taddei indicated he would add that item to the work session agenda.


PUBLIC COMMENT PERIOD

Virg Batesole, 121 6th Avenue West, felt the speaker system for the Council meetings worked very well.
Mayor Ness noted the City is going to look into the cost of lapel speakers as he feels it would be easier
for the audience to hear the discussion.

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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