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					                                         Alexandria, Minnesota
                                            April 25, 2005

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: Kalpin, Carlson, Weisel, Benson, Frank
The following members were absent: None
Also present was one news media representative.


CONSENT AGENDA

         A. Approve Minutes of April 11, 2005 Council Meeting
         B. Proclamations:
                Arbor Day – April 29, 2005
                Building Safety Week – May 8-14, 2005

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

                        YES:    Kalpin, Carlson, Weisel, Benson, Frank
                        NO:     None


CORRESPONDENCE:

    A.      Alexandria Beetles – Request to Extend Lease Option 10 Years – The Alexandria Beetles
            Baseball Club is requesting the current lease agreement with the City of Alexandria be
            extended for ten years with annual renewal. They would like to start on the process now.
            Following discussion, a motion was made by Frank and seconded by Carlson to refer this
            item to City staff for review. The motion carried by the following vote:

                        YES:    Kalpin, Carlson, Weisel, Benson, Frank
                        NO:     None

    B.      Voyager Elementary School – Request to Allow Parking in Bike Lane for Grandparents Day
            The City received a letter from Voyager Elementary School indicating they are having their
            annual Grandparents Day on Friday, May 6th and Monday, May 9th, copy of which is attached
            to and made a part of these minutes. This activity brings approximately 75 extra cars to
            Voyager, and they do not have enough parking spots to accommodate them. In order to
            alleviate the parking problem, they are requesting permission to allow parking in the bike
            lane in front of Voyager Elementary School on the north side only of County Road 44.
            Following discussion, a motion was made by Kalpin and seconded by Carlson to approve
            parking in the bike lane on the north side only of County Road 44 from 9:00 a.m. to 12:00
            p.m. on Friday, May 6th and Monday, May 9th. The motion carried by the following vote:

                        YES:    Kalpin, Carlson, Weisel, Benson, Frank
                        NO:     None


COUNCIL MEMBER SARA CARLSON – PARK BOARD RECOMMENDATIONS

Council Member Carlson credited Gary Martin for finding “Fort Alexandria” Park along the south side of
Second Avenue between Hawthorne and Irving Streets. She indicated there is a rock wall on the site that
Mr. Martin has asked the Historical Society to look into because it could possibly be part of the Fort.
The City owns the property and the Park Board recommends keeping the property and turning it into
another park in the City. Some of the development ideas include preserving the rock wall bank on the
south side of the park, plant trees and shrubs, placement of gazebo, park benches, flowerbed, fountain,
and six parking spaces. City Administrator Jim Taddei noted the property owner to the south had
expressed interest in the property. City Attorney John Lervick indicated this property had been acquired
as part of the Second Avenue project. He also indicated there could possibly some historical significance
to it, and there might be a municipal purpose supplemental to the purchase of Second Avenue. Following
discussion, a motion was made by Carlson and seconded by Weisel to accept the recommendation of the
Park Board and retain the property located on Second Avenue between Hawthorne and Irving Streets for
the purpose of a City park. The motion carried by the following vote:

                        YES:    Kalpin, Carlson, Weisel, Benson, Frank
                        NO:     None
                                           Alexandria, Minnesota
                                              April 25, 2005

SOUTH NOKOMIS STREET WATERLINE – REVISED FEASIBILITY REPORT –
RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR SOUTH
NOKOMIS WATERMAIN

City Administrator Jim Taddei noted the initial petition was to extend water in Nokomis Street south of
18th Avenue East. The City then held a hearing, at which there was a request to extend the water farther
south. Therefore, the City Engineer amended the feasibility report to include that extension. The issue
is, if the City’s share is 30% who is going to pay for the rest of the cost? The options are 1) have all
three property owners split the cost, 2) since the Tech College has no desire or need the cost would be
split between the property owners (Becker and Conn) on the east side of the street, or 3) delay the
assessment to the Technical College. City Engineer Tim Schoonhoven pointed out there is no other
waterline along South Nokomis. Mr. Taddei noted the Technical College stated they do not plan on
developing the property so they have no interest in the waterline. The Council indicated the College
might actually need the water for fire protection. Council Member Frank stated Mr. Conn’s property
would require sprinkler systems because the occupancy will be changing. Building Inspector Bruce
Jaspersen noted it would be changing from laundry to water softener business and, therefore, triggered
the sprinkler requirement. Following discussion, a motion was made by Weisel and seconded by Frank
to adopt Resolution No. 05-34, RESOLUTION ORDERING IMPROVEMENT AND PREPARATION
OF PLANS FOR SOUTH NOKOMIS WATERMAIN and using option #1 which would be to divide the
cost between the three property owners. The motion carried by the following vote:

                         YES:    Kalpin, Carlson, Weisel, Benson, Frank
                         NO:     None

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


CITY PLANNER MIKE WEBER

    A.      Planning Commission Recommendations

            1. Public Hearing – Platting Application – Fastenal Company, “Fastenal Addition”

                The applicant is requesting to plat property. The property is located at 514 22 nd Ave. W
                and is legally described as NW Irreg 2.77 ac tract of W2SW4, Alexandria City (Ward 4).

                RECOMMEND APPROVAL of the Preliminary Plat (SA-05-004) of “Fastenal
                Addition” from Fastenal Company to plat property as presented and with the following
                Conditions:

                     1. Connection of Lot 1 per ALP and ALASD requirements
                     2. Waiver of the City’s park dedication requirements, since this is a commercial
                        subdivision.
                     3. Title opinion to be submitted with final plat for review by City Attorney.

                Following discussion, a motion was made by Frank and seconded by Carlson to accept
                the recommendation of the Planning Commission and approve the “Fastenal Addition”
                preliminary plat SA-05-004 based upon the conditions outlined above. The motion
                carried by the following vote:

                                 YES:     Kalpin, Carlson, Weisel, Benson, Frank
                                 NO:      None

            2. Public Hearing – Conditional Use Application – Lee Backhaus

                The applicant is requesting to allow a professional office in a RB, “Residential Business”
                zone. The property is located at 1713 Nokomis St. S and is legally described as Lot 1
                Blk 1 “Nokomis Apartments”, Alexandria City (Ward 3).

                RECOMMEND APPROVAL of the Conditional Use Application (C-05-007) of Lee
                Backhaus to allow a professional office in a RB, “Residential Business” zone based on
                the following Finding of Facts:

                     1. The request is consistent with the City’s Comprehensive Plan, residential but a
                        professional office is allowed as a conditional use.
                     2. The request does meet land area, setback, shoreland, floodplain, and wetland
                        requirements, all are not applicable.
                     3. The request will not depreciate the surrounding area.
                            Alexandria, Minnesota
                               April 25, 2005

       4. The request is consistent with the character of the surrounding area, mix of
          commercial, residential, and institutional uses.
       5. There are existing or proposed utilities adequate to accommodate the request, all
          utilities are existing.
       6. There are existing or proposed streets adequate to handle the request, Nokomis
          Street is existing.
       7. The request will not place undue financial burden on the City.
       AND the following Conditions:
       1. A separate building permit is required for the conversion.
       2. A separate sign permit is required.
       3. Five (5) paved, off-street parking stalls required.
       4. Any exterior lighting to be hooded and directed away from the street.

   Following discussion, a motion was made by Kalpin and seconded by Carlson to accept
   the recommendation of the Planning Commission and approve Conditional Use C-05-007
   based upon the Findings of Fact and conditions outlined above. The motion carried by
   the following vote:

                           YES:    Kalpin, Carlson, Weisel, Benson, Frank
                           NO:     None

3. Public Hearing – Conditional Use Application – Blue Eye Development

   The applicant is requesting to allow a State operated short-term mental health facility in
   a R-3, “Medium Density Residential” zone. The property is located south of Eighth
   Avenue between Victor Street and McKay Avenue and is legally described as Lot 1 Blk
   3 “Windbreak Addition”, Alexandria City (Ward 3).

   RECOMMEND APPROVAL of the Conditional Use Application (C-05-008) of Blue
   Eye Development to allow a State operated short-term mental health facility in a R-3,
   “Medium Density Residential” zone based on the following Findings of Fact:

       1. The request is consistent with the City’s Comprehensive Plan, residential.
       2. The request does meet land area, setback, shoreland, floodplain, and wetland
          requirements.
       3. The request will not depreciate the surrounding area.
       4. The request is consistent with the character of the surrounding area, multiple
          family and institutional uses to the east and west.
       5. There are existing or proposed utilities adequate to accommodate the request, 8”
          sewer and water are both in Eighth Avenue.
       6. There are existing or proposed streets adequate to handle the request, Eighth
          Avenue is existing.
       7. The request will not place undue financial burden on the City.
       AND the following Conditions:
       1. A separate building permit is required.
       2. A separate sign permit is required.
       3. Thirty paved, off-street parking stalls required.
       4. Utility connections as per ALP and ALASD requirements.
       5. Any exterior lighting to be hooded and directed away from the street.
       6. A complete, engineered drainage plan to be submitted to the City Engineer.
       7. A complete landscape plan to be submitted for approval.

   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-05-008
   based upon the Findings of Fact and conditions outlined above. The motion carried by
   the following vote:

                           YES:    Kalpin, Carlson, Weisel, Benson, Frank
                           NO:     None

4. Public Hearing – Conditional Use Application – Michael Doehling, Countryside Body
   Shop

   The applicant is requesting to allow minor auto vehicle and large commercial vehicle
   repairs in an I-1, “Light Industrial” zone. The property is located at 3810 Minnesota
   Street and is legally described as Lot 5 Blk 7 ex W 100’ “Airport Industrial Park”,
   Alexandria City (Ward 5).
                            Alexandria, Minnesota
                               April 25, 2005

   RECOMMEND APPROVAL of the Conditional Use Application (C-05-009) of Michael
   Doehling, Countryside Body Shop, to allow minor auto vehicle and large commercial
   vehicle repairs in a I-1, “Light Industrial” zone based on the following Findings of Fact:

       1. The request is consistent with the City’s Comprehensive Plan, industrial.
       2. The request does meet land area, setback, shoreland, floodplain, and wetland
          requirements, not applicable.
       3. The request will not depreciate the surrounding area.
       4. The request is consistent with the character of the surrounding area, industrial or
          vacant on all sides.
       5. There are existing or proposed utilities adequate to accommodate the request, not
          applicable.
       6. There are existing or proposed streets adequate to handle the request, Minnesota
          Street and 39th Avenue are existing.
       7. The request will not place undue financial burden on the City.
       AND the following Conditions:
       1. A separate building permit is required if needed.
       2. Two paved, off-street parking stalls per bay.
       3. Any outdoor storage to be screened from the street.
       4. Any outdoor lighting to be hooded and directed away from street.

   Following discussion, a motion was made by Kalpin and seconded by Frank to accept the
   recommendation of the Planning Commission and approve Conditional Use C-05-009
   based upon the Findings of Fact and conditions outlined above. The motion carried by
   the following vote:

                   YES:    Kalpin, Carlson, Weisel, Benson, Frank
                   NO:     None

5. Public Hearing – Zoning District Amendment Application – Heritage Property
   Development

   The applicant is requesting to rezone property from I-1, “Light Industrial” zone to I-B,
   “Industrial Business” zone. The property is located south and west of Dakota Street in
   the “Heritage Industrial Park” and is legally described as Lots 2 & 3 Blk 2, Lots 2, 3, & 4
   Blk 3, and Lots 4, 5, 6, 7, 8, & 9 Blk 4 “Heritage Industrial Park”, Alexandria City (Ward
   5).

   RECOMMEND APPROVAL of the Zoning District Amendment Application (DA-05-
   004) of Heritage Property Development to rezone property from I-1, “Light Industrial” to
   I-B, “Industrial Business” based on the following Findings of Fact:

       1. The request is consistent with the City’s Comprehensive Plan in that the Plan
          designates the area as industrial.
       2. The request meets the land area, floodplain and wetland requirements of the City
          Code.
       3. The request is consistent with the character of the surrounding area in that it is
          bounded by high intensity commercial and industrial uses.
       4. There are adequate existing or proposed utilities to accommodate the request.
       5. There are adequate existing or proposed streets to accommodate the request.
       6. The request will not place an undue financial burden on the City.
       7. The rezoning will not result in “spot zoning” in that it still permits industrial
          uses.

   Following discussion, a motion was made by Frank and seconded by Weisel to accept the
   recommendation of the Planning Commission and approve Zoning District Amendment
   DA-05-004 based upon the Findings of Fact outlined above. The motion carried by the
   following vote:

                           YES:     Kalpin, Carlson, Weisel, Benson, Frank
                           NO:      None

6. Public Hearing – Platting Application – UTAH Group, LLC

   The applicant is requesting to re-plat vacant property. The property is located south of
   22nd Ave. E and north of 30th Ave. E between Broadway and Jefferson Street and is
   legally described as Lot 3 Blk 1 “1st Addn to South Park”, Lot 4 Blk 1 “1st Addn to South
   Park”, Lot 5 Blk 1 “1st Addn to South Park”, S 200 ft of Lot 1 lying E of N-S Qtr Section
   line “South Park Addn”, and Lot 2 ex: W 545’ of S 594.5’ of N 644.50’ & pt lying in the
                         Alexandria, Minnesota
                            April 25, 2005

SE cor, SE of 30th Ave; Lot 3 lying N of 30th Ave Ex W 545’ “South Park Addn”,
Alexandria City (Ward 4).

RECOMMEND APPROVAL of the Preliminary Plat application (SA-05-002) of
“Jefferson Street Addition” from UTAH Group, LLC to re-plat property as presented
with the following Conditions:

    1. A complete engineered drainage plan be provided for review by the City
       Engineer.
    2. Arrangements for the necessary acquisition of land for public right-of-way are
       made.
    3. Agreement on the ownership, development and maintenance of any storm water
       retention ponds.
    4. A developer’s agreement to be executed prior to release of the final plat for
       recording. The agreement to include a schedule for the proposed public
       improvements.
    5. Waiver of any park dedication requirement, since this is a commercial
       subdivision.
    6. A copy of the Title opinion is submitted with the original plat documents for
       review and approval by the City Attorney prior to the release of the final plat for
       recording.

Council Member Frank stated the part in the Planning Commission minutes about getting
approval from Jerry Hagenmiller was already completed. Mr. Weber concurred he has
met personally with Jerry Hagenmiller and has received written documents approving the
wetland mitigation. Mr. Frank wondered about the property to the north and the
drainage. Mr. Weber stated it has been approved. Mr. Frank wondered about the other
property owner and wondered where this triggered Mr. Pederson is “on board”. Mr.
Weber noted the rejection of an earlier improvement petition did not slow down the
applicant’s feasibility report, and that the City Attorney indicated the Utah Group could
do a feasibility report on its own. Mr. Weber was not sure what “on board” meant; but it
could mean Mr. Pederson needs to sign the plat, or sell the property. Mr. Frank had
several more questions concerning the traffic issue and the road to “nowhere”. He does
not think the Utah Group or the City should put Mr. Pederson in that type of situation
that he is required to sign the plat or sell the property. There are big issues, and
indicated he is not comfortable with the plat. Council Member Carlson does not feel the
City should be involved in the land issue and telling property owners whether or not they
have to sell. Mr. Weber concurred and stated if Mr. Pederson does not sign or chose not
to sell his property; the preliminary plat would have to be revised. He feels the Planning
Commission action is consistent with the City Council action in February in that the
Utah Group did a private feasibility report, and then came back with a plat as the Council
requested, so the City could review it and make some type of decision. He concurred
with Council Member Carlson’s statement earlier. Mr. Frank pointed out that if Mr.
Pederson does not come “on board” in some way or fashion the streets the Utah Group
are proposing will go “nowhere”. Mr. Weber noted this is the first proposal the Planning
Commission has looked at. This is the first preliminary plat, not a reconfigured plat they
have rejected or considered. Mr. Frank noted the engineering staff had approved the
street. Mr. Weber noted staff recommendation does not design projects, they only
review and analyze submittals. Certainly there is ample opportunity to discuss if a street
should be changed, but it is not appropriate for staff to redesign items. Mr. Frank
reiterated that by approving this application, it is not a done deal. Mr. Weber agreed.
Mr. Frank stated it does not say that the City will go out and condemn Mr. Pederson’s
property. Council Member Carlson noted the two property owners have to work out the
design; if they cannot, then the Utah Group will have to change their plans. Council
Member Frank indicated there were several more discussions that were not in the
Planning Commission minutes that he would like to talk about. Mayor Ness asked Mr.
Frank if he was the Chairperson of the Planning Commission. Mr. Frank stated he was
not. Then Mayor Ness questioned Mr. Frank’s indication of items that were discussed at
the Planning Commission but not included in the minutes. Following lengthy discussion,
a motion was made by Frank to deny “Jefferson Street Addition” preliminary plat SA-05-
002 based upon the conditions outlined above. Mayor Ness called for a second to the
motion, and hearing none, he declared the motion died for lack of second.

Council Member Weisel stated he was not at the Planning Commission but this comes
before them with a unanimous recommendation from the Commission, and that the
property owners would handle the street issues. A motion was made by Weisel and
seconded by Kalpin to approve the Preliminary Plat application. Lengthy discussion
followed with Council Member Carlson indicating she was unsure of what to do with
this application. Council Member Weisel noted the Planning Commission came forth
                                   Alexandria, Minnesota
                                      April 25, 2005

         with a unanimous recommendation and therefore they covered all the bases and he feels
         this items needs to go forward. Council Member Carlson reiterated her earlier statement
         that the City is not involved in any dispute between the Utah Group and Mr. Pederson. If
         the two property owners work it out then the plat would be okay; if not, the City would
         not approve the plat. Mr. Weber noted this plat does not cost the City anything, and the
         City is not taking sides between the two property owners. Mr. Taddei noted the
         preliminary plat could not be finalized until the Utah Group obtains the right-of-way.
         Council Member Benson noted the Utah Group could not propose a street and have it
         built without approval from the City. The City would not have to approve their proposal
         of the street. Mr. Weber noted if a plat meets the City’s standards, he is not sure if there
         would be a basis for the Council to deny it. It there was problems with the design or
         utilities the Planning Commission would not have recommended approval. Council
         Member Carlson wondered where the subject of condemnation came about. Mr. Weber
         was not sure where the discussion of condemnation came into the conversation but that it
         is premature. City Attorney John Lervick noted acquisition by eminent domain could
         only be initiated by the City Council, not the property owners. The condition here is that
         property owners join in the plat, which is the second condition listed; the Planning
         Commission is telling the Council the developers have to acquire the land over which the
         street will travel, or the owner of the land of which the street will travel, must join in the
         plat. No plat can be recorded until the City Attorney’s Office has acquired evidence that
         all signing owners have agreed to sign the plat. The above motion carried by the
         following vote:

                                  YES:     Kalpin, Carlson, Weisel, Benson, Frank
                                  NO:      Frank

B.   Sidewalk Café Ordinance – City Planner Mike Weber noted the City has received a number
     of requests to allow restaurants to be able to offer outdoor dining to their patrons, on a
     portion of the public sidewalk. The City presently allows the temporary and occasional
     display of goods or merchandise on the public sidewalk, but such display is limited to four
     (4) times in a calendar year, for a maximum of five (5) days per occurrence. Obviously, such
     a limitation will not work for outdoor seating for a restaurant, which would last for the
     duration of the warm weather, typically mid-May through October. In response to the
     request, Mr. Weber has prepared a draft ordinance, which defines and authorizes sidewalk
     cafés. The City would include this under its general licensing, which would require an
     annual license.

     Assistant City Planner Marty Schultz presented this to the Disability Committee at their
     meeting. Council Member Kalpin noted the Disability Committee made a recommendation
     to deny the request because they had a hard time getting businesses to keep items off the
     sidewalks to begin with. They feel the City should just forget about it because the disabled
     would have a hard time getting by the chairs and tables with wheelchairs.

     Following discussion, a motion was made by Kalpin and seconded by Benson to not adopt
     for its first reading an ordinance defining and authorizing sidewalk cafés. Council Member
     Benson felt putting obstructions on the sidewalk would not be acceptable for the disabled
     people. Council Member Carlson wondered about Crazy Daze downtown. Mr. Weber
     clarified that a business can already get a permit four times a calendar year up to five days
     per time for merchandise display on the sidewalk. These café permits would be issued
     during warm season and only during the time the business is open. The particular request
     was for one table and two chairs, however other businesses could request to have more table
     and chairs. Mayor Ness noted Alexandria’s visitors come from all over, and he feels that
     with the vibrant downtown many visitors would like to sit outside. He would hope the
     permits would have restrictions for the disabled to have access on the sidewalks. Council
     Member Benson noted if the Council directs City staff to look at this he would withdraw his
     seconding motion. Council Member Kalpin concurred and also withdrew his original
     motion. Mr. Weber noted staff would come back with a more detailed ordinance. This
     proposed draft ordinance is not intended to be the final language. Council Member Frank
     stated the City needs to look at how many table and chairs it would permit per business.
     Council Member Weisel concurred with Mayor Ness; he has also observed that having the
     sidewalk cafés is part of the café accommodations. He feels sidewalk cafés are attractive to
     the community. Following discussion, a motion was made by Weisel and seconded by
     Carlson to refer this item to City staff for additional restrictions, language, and
     recommendation for a first reading to the City Council. The motion carried by the following
     vote:

                          YES:    Kalpin, Carlson, Weisel, Benson, Frank
                          NO:     None
                                         Alexandria, Minnesota
                                            April 25, 2005

CITY ATTORNEY’S ITEMS OF BUSINESS

City Attorney John Lervick noted on the prolonged acquisition of 41st Avenue and Iowa Street, his office
is proceeding to obtain orders of possession for the right-of-way.


CITY ADMINISTRATOR’S ITEMS OF BUSINESS

    1.      Board of Equalization – City Administrator Jim Taddei reminded the City Council they
            would meet as the Board of Equalization on Tuesday, April 26th at 10:00 in the Council
            Chambers. A quorum is required. This is an informational item only.

    2.      Regional Airport – Jason Murray, representing a task force investigating a regional airport
            serving Alexandria and Glenwood, has contacted the City. City Administrator Jim Taddei
            advised him to meet with the Airport Commission regarding this item. This is an
            informational item only.

    3.      Joint ALP/Council Meeting – The Board of Public Works (ALP) and the City Council joint
            meeting is scheduled for Monday, May 2nd at 5:30 p.m. at the Holiday Inn. This is an
            informational item only.

    4.      Waterline Assessment Appeals – City Administrator Jim Taddei noted two parties have
            contacted him regarding the $3,500 waterline assessment for the Phase I Annexation Area.
            Lee Saeugling (LD Development) owns a vacant property just north of the water treatment
            plant along North Nokomis Street. There is an existing waterline along North Nokomis
            Street, which is on a delayed assessment basis to be paid when connection is made to that
            line. Also, in 2004 a new waterline was installed on the backside, or east side of that
            property. The City held the final hearings last fall. As a result, the City charged a $5,000
            assessment to that property. Mr. Saeugling’s contention is that he will be happy to pay the
            assessment for connection to the Nokomis Street waterline when connection is made, but
            does not think it is fair to have an assessment charged immediately for the new waterline on
            the east side of his property. Mr. Taddei advised him that he would bring it to the Council’s
            attention for review and consideration. Mayor Ness pointed out the appeal must be within
            30 days of the assessment notices and hearing, and in the absence of that there would be no
            appeal. City Administrator Jim Taddei noted the Mayor is correct in that the assessment
            process has already been completed.

            Mr. Taddei noted the second appeal relates to a property owned by Ray Wood who lives in
            Brandon, but recently purchased rental property in the Caldwell Addition area. The
            assessment is $3,500 for that residential property. Mr. Wood contends that when his title
            company did an assessment search last fall, prior to his purchasing the property, City staff
            advised the title company there was no pending assessments on the records. In a sense that is
            true because the assessment records would not show the new water assessment until 2005.
            Mr. Wood contends that since he was advised there were no pending assessments but in
            reality the water assessment was to be charged in 2005, he would like the assessment waived
            or paid by the City. The City’s contention is the property owner who sold the land to him
            was aware of the proposed assessment and obviously the project was under construction
            during 2004. Mr. Taddei did inform him he would bring it to the City Council for review
            and consideration. Council Member Frank indicated the staff was correct. City Attorney
            John Lervick noted the distinction is at the time of the assessment search there was no
            assessment pending. There are no assessments until the assessment were levied by the
            authority. The previous owner had acknowledgement of the assessment and did not mention
            it. Unless there is a levy documented before January 1, there is no assessment, and then as of
            January 2, then there would be an assessment.

            City Attorney John Lervick noted it would be prudent for the Council to take action on the
            appeals. He felt to protect the City it might be appropriate to deny the requests for any
            further action because the appeals were not filed in a timely fashion. Following discussion, a
            motion was made by Weisel and seconded by Benson to deny the assessment appeals request
            by Lee Saeugling because of the absence of the timely appeal. The motion carried by the
            following vote:

                        YES:    Kalpin, Carlson, Weisel, Benson, Frank
                        NO:     None

            City Attorney John Lervick noted for the second item the basis for denial is the City does not
            have any duty to provide information for pending assessments, and since there was no
            assessment actually levied there was no inaccuracy on behalf of the City. A motion was
            made by Carlson and seconded by Frank to deny the assessment appeal request by Ray Wood
                                        Alexandria, Minnesota
                                           April 25, 2005

           because the appeal was not filed in a timely manner. The motion carried by the following
           vote:

                               YES:    Kalpin, Carlson, Weisel, Benson, Frank
                               NO:     None

   5.      Highway Committee Recommendation – The City received a complaint about the traffic
           speed on the detour for the T.H. 27 East construction project. The detour moves traffic from
           T.H. 27 to 5th Avenue. The Committee has advised the Police Department about the concern
           raised regarding the traffic speed and they are monitoring and patrolling the area. This is an
           informational item only.


OLD AND OTHER BUSINESS

Council Member Frank noted it was brought before the Runestone Community Center Commission that
Jim Berkman is willing to serve on the RCC Board. A motion was made by Frank and seconded by
Carlson to appoint Jim Berkman to the Runestone Community Center Commission to fill unexpired term
of Ken Kloubec. The motion carried by the following vote:

                       YES:    Kalpin, Carlson, Weisel, Benson, Frank
                       NO:     None

Mayor Ness noted Council Member Weisel is having hip-replacement surgery, and indicated the Council
and staff wish him the best with good results.


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 8:34 p.m.

                                                       _________________________________
                                                       H. Dan Ness, Mayor

ATTEST:______________________________
       James P. Taddei, City Administrator

				
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