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Alexandria, Minnesota
September 28, 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 Dan 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
Two news media representatives were present
CONSENT AGENDA
A. Approve Minutes from September 14, 2009 City Council Meeting
B. Approve License Applications and Authorize Issuance
Gambling Permit: Alexandria Red Line Hockey Booster Club (sell raffles
for 12/8/09 event at RCC)
Alexandria Chapter of MN Deer Hunters (sell raffles for
3/20/10 event at Eagles Club)
Excavating: Dynamic Landscapes and Hydro seeding (new)
Proclamation: Fire Prevention Week – October 4-10, 2009
Following discussion, a motion was made by Bigger and seconded by Benson to approve the Consent
Agenda as presented with the addition of the Excavating License. The motion carried by the following
vote:
YES: Bigger, Carlson, Miller, Benson, Frank
NO: None
TENTH AVENUE EAST/ISD 206 – RESOLUTION ADOPTING ASSESSMENT
Assistant City Administrator Marty Schultz noted Tenth Avenue East is the public street on the north side
of the new elementary school. The School District waived the public hearing requirements of Minnesota
Statutes Chapter 429. The City is paying for the over-sizing of the sanitary sewer lift station, and School
District 206 agreed to pay for the remainder of the costs of the improvement, including the extension of
sanitary sewer in CSAH 46 to reach the school site. This sewer extension was constructed as part of the
Phase II, Part 2 Orderly Annexation Area waterline improvement project. The original estimated cost per
the development agreement was $427,248.97; the final cost was $311,960.33, and the final assessment is
$252,128.31.
Following discussion, a motion was made by Bigger and seconded by Carlson to adopt Resolution No.
09-71, RESOLUTION ADOPTING ASSESSMENTS FOR THE TENTH AVENUE EAST
IMPROVEMENT PROJECT. 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.
FILLMORE STREET PARKING LOT – RESOLUTION ADOPTING ASSESSMENT
Council Member Carlson recused herself from this discussion as she has a vested interest in the project.
City Planner Mike Weber noted the City held the public hearing for this project in August and now the
adoption of the final assessment is ready. The total project cost is $542,443. The total amount assessed
to the district is $243,970 which represents about 45% of the total project cost. Following discussion, a
motion was made by Bigger and seconded by Frank to adopt Resolution No. 09-72, RESOLUTION
ADOPTING ASSESSMENTS FOR THE FILLMORE STREET PARKING LOT IMPROVEMENTS.
The motion carried by the following vote:
YES: Bigger, Miller, Benson, Frank
NO: None
The full text of this Resolution appears in the Resolution file.
CITY PLANNER MIKE WEBER – PLANNING COMMISSION RECOMMENDATIONS
1. Public Hearing – Conditional Use Permit – Troy Hocum
Alexandria, Minnesota
September 28, 2009
This application seeks an after-the-fact conditional use permit to allow open and outdoor display of
equipment, trailers and vehicles for rental purposes. The property is located at 2634 State Hwy 29
South and is located at Bert’s Pit Stop between Fastenal and Stub’s Marine and is legally described as
“Emerson Addition”, E’ly .42 AC of Lot 3 Blk 1 Having 172.52’ on Emerson Street and “Burgau
First Addition” Lot 2 Blk 1 AC 1.44, Section 20, Township 128, Range 37, Douglas County,
Minnesota.
RECOMMEND TABLING Conditional Use Permit (C-09-008) submitted by Troy Hocum with the
following conditions:
1. A revised sketch must be submitted to City staff by October 1, 2009 showing the current use
of the property and the intention of the applicant to hard surface the area to be used for
display.
2. The applicant, Troy Hocum, must represent himself at the October 19, 2009 meeting.
Mr. Weber noted the City Council had tabled this item at a previous City Council meeting, therefore
no action is required by the City Council at this time.
2. Public Hearing – Subdivision Application – Gary & Cindy Zacher “50th Avenue South Park
Addition”
This application seeks to plat previously unplatted property. The site is located along the east side of
South Broadway, north of 50th Avenue. The legal description of the property is “the South half of the
Southeast quarter of Section 31, Township 128 North, Range 37 West, Douglas County, Minnesota
excepting there from the East 33 feet thereof and excepting there from the East 875 feet of the West
1625 feet of the South 450 feet of said South half of the Southeast quarter, containing 69.62 acres
more or less”.
RECOMMEND APPROVAL of Subdivision Application (SA-09-005) submitted by Gary & Cindy
Zacher “50th Avenue South Park Addition” subject to the following conditions:
1. Proper evidence of title to be submitted to City Attorney for review and approval prior to final
plat submittal.
Following discussion, a motion was made by Frank and seconded by Carlson to accept the
recommendation of the Planning Commission and approve Subdivision SA-09-005 with the condition
outlined above. The motion carried by the following vote:
YES: Bigger, Carlson, Miller, Benson, Frank
NO: None
3. Public Hearing – Zoning Text Amendment – City of Alexandria
This application seeks to amend the Zoning Ordinance, Section 10.02, (Definitions); 10.03, Subd. 2l,
D. (Accessory Buildings, Uses and Equipment); Section 10.11, Subd. 4. (B-1 General Business
District); Section 10.15, Subd. 4. (Light Industrial District) and Section 10.20 (The Shoreland
Ordinance) of the City Code. The changes include the addition of Lake Andrew to the protected
waters inventory as well as clarifications and changes to the provisions for open and outdoor storage,
display and sales.
RECOMMEND APPROVAL of Zoning Text Amendment (TA-09-005) with the recommended
language changes to paragraph 6.a.
Following discussion, a motion was made by Carlson and seconded by Bigger to accept the
recommendation of the Planning Commission to approve Zoning Text Amendment TA-09-005. The
motion carried by the following vote:
YES: Bigger, Carlson, Miller, Benson, Frank
NO: None
A motion was made by Carlson and seconded by Miller to approve for its first reading an ordinance
amending the Zoning Ordinance of the City Code. The motion carried by the following vote:
YES: Bigger, Carlson, Miller, Benson, Frank
NO: None
4. Final Plat – Sun Opta – “Seventh Addition to Airport Industrial Park”
This request seeks to replat previously platted property. The site is located between Iowa Street and
Minnesota Street (south of the industrial park water tower). The purpose of the replat is to join three
Alexandria, Minnesota
September 28, 2009
parcels which are presently contained in two different plats and cannot, therefore, be joined without
the replat.
RECOMMEND APPROVAL of “Seventh Addition to Airport Industrial Park” final plat subject to
the following conditions:
1. Execution of Developers’ Agreement prior to release of the plat for recording. The
Agreement to provide a schedule for the proposed and required relocation of the existing
drainage easement and pond from Lot Two.
2. Proper evidence of title to be submitted to City Attorney for review and approval.
Following discussion, a motion was made by Frank and seconded by Carlson to accept the
recommendation of the Planning Commission and approve “Seventh Addition to Airport Industrial
Park” final plat with the condition outlined above. The motion carried by the following vote:
YES: Bigger, Carlson, Miller, Benson, Frank
NO: None
CITY ENGINEER’S ITEMS OF BUSINESS
A. Highway Committee Recommendation – City Engineer Tim Schoonhoven noted the Alexandria
Highway Committee met on Monday, September 14, 2009. The following items were discussed:
1. Elden’s proposal to construct 4-feet into Maple Street - Representatives from Elden’s Foods came
to the Highway Committee and presented a proposal to construct an addition to Elden’s Foods
which would extend 4-feet into the Maple Street right-of-way. The request was previously made
at a development review team meeting where the applicant was told that it was very unlikely that
the City would approve this request. The Highway Committee does not support this request. The
Maple Street right-of-way is needed for the current and future use of the street. The City has
been very consistent in preserving public right-of way in the past.
Recommend Council action to deny the request by Elden’s to build on a portion of the Maple
Street right-of-way.
Following discussion, a motion was made by Carlson and seconded by Benson to accept the
recommendation of the Highway Committee and deny the request to build on a portion of the
Maple Street right-of-way. The motion carried by the following vote:
YES: Bigger, Carlson, Miller, Benson, Frank
NO: None
2. Stop sign request at 7th Avenue and Quincy. The Highway Committee reviewed the accident
history and found no recorded accidents at this location. This intersection did have a large bush
which was blocking visibility from one street on the southwest corner. The City sent a letter to
the property owner requiring the owner to trim the bush, and now the bush has been trimmed.
Recommend no change in signage. Staff will continue to monitor this location.
No Council action required at this time.
GRADY THIRD, BETHANY COMMUNITY – REQUEST TO LIFT SPECIAL USES VEHICLE
MORATORIUM
Grady Third, 4751 West Latoka Lane SW, Director of Support Services at Bethany Community, indicated
he was representing 272 of the residents at the Bethany Community, after which he presented a petition
signed by 176 residents, staff, volunteers, and other interested community members.
Council Member Owen Miller asked if the petition has been checked for residency of the City of
Alexandria. City Administrator Jim Taddei stated since he just received the petition, he has not checked
for City residency.
Council Member Bigger felt that after all the phone calls and work sessions, she wished the City Council
could find a compromise, and not only to help Bethany Community. She would like to once again take
this issue to a work session to try and figure something out.
Mayor Ness pointed out the last time the Council discussed this issue they were hoping for changes in the
state law because the current law does not allow the City to require reasonable safety provisions,
therefore, a moratorium was placed on new special use vehicle permits.
Alexandria, Minnesota
September 28, 2009
Council Member Frank concurred with Bigger and felt this item should go back to a work session. A
decision needs to be made.
Council Member Miller indicated one thing to look at is the current moratorium and get the State Statutes
and go from there. Following brief discussion, a motion was made by Miller and seconded by Carlson to
adopt for its first reading an ordinance rescinding the current ordinance Section 7.20. The motion carried
by the following vote:
YES: Carlson, Miller, Benson
NO: Bigger, Frank
AMENDMENT TO THYPIN LAND LEASE AT AIRPORT
City Administrator Jim Taddei noted he has been negotiating with Richard Thypin, representing Terteling
Trust, regarding the land lease the City has with them for the Eagle Aircraft Building at the Airport.
Every five years the lease is reviewed. Both parties have tentatively agreed to a revision in the lease
relating to the annual land rental rates for the period June 11, 2009 through June 10, 2014. The rates are
increased based upon the previous five years annual Consumer Price Index. Mr. Taddei would like the
revision sent to the City Attorney’s office for review.
Following discussion, a motion was made by Bigger and seconded by Benson to approve and authorize
execution of the Sixth Amendment to Ground Lease Related to Annual Rental Rates with Terteling Trust.
The motion carried by the following vote:
YES: Bigger, Carlson, Miller, Benson, Frank
NO: None
CITY ATTORNEY’S ITEMS OF BUSINESS
Assistant City Attorney Tom Jacobson indicated he had been directed to prepare a Memorandum of
Understanding with the Maritime Museum for the museum’s use of City property north of Second
Avenue. That agreement has been prepared and is ready to be executed.
Following brief discussion, a motion was made by Benson and seconded by Bigger to authorize the
Mayor and City Administrator to execute the Memorandum of Understanding between the City of
Alexandria and the Maritime Museum. Mr. Jacobson pointed out the agreement authorizes the Museum
to foot the bill to improve the area subject to the Park Department approval. It also states if this
arrangement were to ever end all the site improvements would be owned by the City. The City’s only
commitment is to maintain this area as they do with the other City parks. City Administrator Jim Taddei
noted the Maritime Museum would like to hold events on that property. Council Member Carlson
indicated both the Park Director and the Park Board are excited about the area and it will be a beautiful
area. The above motion carried by the following vote:
YES: Bigger, Carlson, Miller, Benson, Frank
NO: None
CITY ADMINISTRATOR’S ITEMS OF BUSINESS
1. Douglas County/City Law Enforcement Center Update – City Administrator Jim Taddei
noted that on Tuesday, September 22, 2009, the Douglas County Board of
Commissioners, on a 3/2 vote, decided to not proceed with the Joint LEC with the City.
Upon advice from the County Attorney, the Board also instructed the County Attorney to
prepare a letter terminating the contracts with the various consultants on the LEC project.
Some reasons the Board cited were the dollars were not available in 2010, the bonding
position is better in 2012, and the Board is not willing to do a bond with an interest only
payment in 2010 and 2011. Commissioners Anderson and Olson voted against the
motion to not proceed with the LEC. In light of this decision, Mr. Taddei recommends
the City Council to direct the City’s LEC Committee meet to discuss and review the
City’s options, and recommend appropriate action to the City Council.
Following discussion, a motion was made by Bigger and seconded by Frank to direct the
City’s LEC Task Force to meet and discuss this issue and report back to the City Council.
The motion carried by the following vote:
YES: Bigger, Carlson, Miller, Benson, Frank
NO: None
Alexandria, Minnesota
September 28, 2009
Council Member Carlson noted the LEC Committee has never disbanded and has been
meeting and assumed the County would act in good faith. She feels the City needs to
move into phase two and see what the numbers will look like.
Council Member Frank felt the deadline was decided at a joint meeting. It is a sad day
that the County will not proceed. The City needs to look at moving forward with this
building.
City Administrator Jim Taddei mentioned he received a letter from the County Attorney
indicating the County’s decision to be removed from the Memorandum of Understanding.
2. Wind Energy Conversion Systems Ordinance – 2nd Reading – Mr. Taddei noted at the
previous meeting, the City Council took action approving a first reading of this
ordinance, and now a second reading is in order. Following discussion, a motion was
made by Frank and seconded by Carlson to adopt Ordinance No. 645, 2nd Series, AN
ORDINANCE ADDING SECTION 10.32 TO THE ALEXANDRIA CITY CODE
RELATING TO WIND ENERGY CONVERSION SYSTEMS. The motion carried by
the following vote:
YES: Bigger, Carlson, Miller, Benson, Frank
NO: None
The full text of this Ordinance appears in the Ordinance file.
OLD AND OTHER BUSINESS
A motion was made by Miller and seconded by Benson to have an opening prayer after the Pledge of
Allegiance at the City Council meetings. The motion carried by the following vote:
YES: Bigger, Carlson, Miller, Benson, Frank
NO: None
Mayor Ness stated he went to a LMC meeting called the “Big Three” – cities, counties, and school
districts. The meeting idea was to strive to fight the financial battle each group is facing, and how to
work together. The Committee is still deciding what their mission should be and how to attack it. He felt
it was a very interesting meeting because all the problems are the same on all levels.
Council Member Miller mentioned that on October 5th at 10:00 a.m. the new VA Clinic is having its
ribbon cutting ceremony, and he invited the public to attend.
Mayor Ness noted he and Council Members Bigger and Miller, along with Assistant City Administrator
Marty Schultz attended the LMC Regional meeting at Parkers Prairie. Council Member Bigger also
stated at the regional meeting they discussed the use of the media to get the word out, and she felt the
Legislative Session review was very powerful.
PUBLIC COMMENT PERIOD
There were no public comments.
There being no further business a motion was made by Miller, seconded by Carlson, and carried
unanimously to adjourn the meeting at 7:46 p.m.
__________________________________
H. Dan Ness, Mayor
ATTEST: _______________________________
James P. Taddei, City Administrator
