Alexandria, Minnesota November 28, 2011

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, followed by the Invocation, after which Mayor Dan Ness called the meeting to order at 7:00 P.M.

The following members were present: Batesole, Carlson, Miller, Benson, Frank The following members were absent: None Two news media representatives were present.

CONSENT AGENDA

A. Approve Minutes from November 14, 2011 Council Meeting B. Approve License Applications and Authorize Issuance Temporary Liquor: The Church of St. Mary (sale of liquor on February 11, 2012)

Council Member Batesole indicated he had three amendments to the minutes concerning the HRA DEED grant from the previous meeting that he feels were key items.

A motion was made by Frank and seconded by Miller to approve the Consent Agenda with the exception of the minutes for November 14, 2011. The motion carried by the following vote:

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

Council Member Batesole mentioned he would like three items added to the HRA discussion: 1) As to what the City is going to do and what the HRA is going to do. The document “says the City” but staff says that is really HRA. Then Batesole said it should say HRA. 2) Mr. Batesole stated the motion should go back to staff to be revised with all our comments before Council approves it. Staff said there was not time and it would have to go back to the other affected parties. Staff said it would be changed prior to being signed. Mr. Batesole said with that assurance, he would vote to approve but would like a copy of the revised motion. 3) Mr. Batesole also asked the chairman to repeat the motion, which he did, and listed all the changes that Miller and Batesole stated.

A motion was made by Frank and seconded by Carlson to approve the changes as discussed above. The motion carried by the following vote:

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

PUBLIC HEARING FOR 2012 ON-SALE LIQUOR LICENSE RENEWAL APPLICATIONS; AND CONSIDER 2012 LICENSE APPLICATIONS

Mayor Ness noted it was 7:05 p.m. and declared open the public hearing for the 2012 On-Sale Liquor Licenses Renewal Application.

City Administrator Jim Taddei noted a public hearing must be held to consider the on-sale liquor license renewals, a copy of which is attached to and made a part of these minutes.

Mayor Ness then called for public comments, and hearing none he closed the public hearing at 7:12 p.m.

City Attorney John Lervick noted his office has not had any reports of violations for the establishments. City Administrator Jim Taddei noted that Mulligan’s at the Alexandria Golf Course renews their license in the spring due to coincide with the golf season.

Following discussion, a motion was made by Carlson and seconded by Frank to approve the 2012 On- Sale Liquor License Renewal Applications and authorize issuance. The motion carried by the following vote:

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

Mayor Ness then mentioned the City Council also needs to consider and approve the various other 2012 license applications and authorize issuance, a copy of which is attached to and made a part of these minutes. He pointed out the license for Cash Wise is off-sale liquor, not on-sale as stated on the list, and also the tobacco license for Farmer’s Union Oil at 915 Broadway has been withdrawn. Following discussion, a motion was made by Carlson and seconded by Frank to approve the regular 2012 License Applications with the exception of Viking Speedway, and authorize issuance. There were no reports of violations for any of the businesses according to City Attorney John Lervick. The motion carried by the following vote: Alexandria, Minnesota November 28, 2011

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

Mayor Ness noted the 2012 Viking Speedway application includes a list of conditions for selling beer and for the racing schedule.

Council Member Frank asked if the rain dates were just rain dates in the event it does rain, and not to for extra races. Bert Pexsa, Viking Speedway representative, stated that was correct, those dates were not scheduled races but rather only if needed for rain dates. Mr. Pexsa also thanked the City for the work the Street Department has done at the Fairgrounds.

Following discussion, a motion was made by Frank and seconded by Miller to approve the Viking Speedway beer license and racing scheduled with the following conditions:

Beer licenses conditions:

1. Beer sales sold under the Grand Stand only with the exception of beer runners in the Grand Stand. 2. Beer sales may not commence more than one hour prior to the scheduled race time and must terminate at 9:55 p.m. 3. All containers must be opened at point of sale. 4. Wristbands to be used for age designation. 5. Beer consumption shall be limited to persons in the designated Grand Stand portion only of the licensed premises. 6. Security measures be approved by the Police Chief and paid overtime by Viking Speedway. 7. No alcohol shall be allowed in the pit area. 8. Beer sales shall be limited to only the approved Viking Speedway events.

Racing schedule conditions:

1. The races shall run no later than 10:45 p.m. with no extensions. 2. The races shall run no later than 9:00 p.m. on nights prior to a school day.

The motion carried by the following vote:

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

PUBLIC HEARING – 2012 BUDGET AND TAX LEVY

Mayor Ness noted it was 7:20 p.m. and declared open the public hearing for the 2012 Budget and Tax Levy.

City Administrator Jim Taddei highlighted the following changes to the 2012 preliminary budget: Police pay increased $65,000 to cover holiday pay and the Debt Retirement increased $153,149 to cover bond payments. He noted the Council may decrease the levy but cannot increase the levy approve in September. The total proposed budget is $10,203,602, or a 0.4% increase. The total receipts are $4,809,804, or a 3.9% decrease, which is $98,000 less than 2011. The total certified levy is $5,535,176, or a 4.57% increase from 2011.

In 2011, the Minnesota State Legislature reduced state aid to cities. For Alexandria, the Market Value Homestead Credit and the Local Government Aid were cut $673,695 for a 36% reduction from the anticipated certified amount. Significant changes to the budget include a $65,000 reduction in storm sewer utility funding; a decrease to the City’s contribution to the Senior Program from $18,000 to $10,000; reduced funding to the Rainbow Rider from $25,000 to $15,000; eliminating the $2,500 annual taxi subsidy for senior citizens; the Employee Benefit Fund and the Planning Commission Development Fund have been cut in half to $7,500 and $16,000, respectively; and the various Equipment Funds have been reduced in half ($175,000) from their 2011 budgeted amounts. On the revenue side, significant changes include a $170,400 increase in building permit fees because the City Council recommends adopting the 1997 Building Permit Fee Schedule; an increase from Alexandria Light and Power in its payment in lieu of taxes from $746,000 to $1,000,000; and a $48,000 increase in Township Fire Levies. The 2012 budget reflects no increase in employee wages compared to 2011.

City Assessor Reed Heidelberger then gave a presentation concerning changes that happened with the homestead program and how those changes float through property taxes in general. He gave a history of how property taxes are calculated. The market value is determined by the assessor, the class rate is determined by the Legislature, the tax capacity is determined by multiplying the market value by the class rate, the tax rate (levy rate) is determined by dividing the local taxing jurisdictions’ levy amounts (budgets) by the available tax capacity; and the property tax is determined by multiplying the tax capacity Alexandria, Minnesota November 28, 2011 by the tax rate. The changes made to the market value homestead credit program impacted all property classifications. Mayor Ness then called for public comments.

Orrin Johnson, indicated on the statement he received on 8 acres he had a 127% increase and wondered why. Mayor Ness indicated Mr. Johnson to bring in that tax statement to the Assessor and he would help him with that.

Hearing no further comments, Mayor Ness closed the public hearing at 7:45 p.m.

Mr. Taddei also mentioned the City Council had in their packets tax information from selected cities. The City of Alexandria’s tax capacity rate is very competitive.

Following discussion, a motion was made by Carlson and seconded by Frank to adopt Resolution No. 2011-56, RESOLUTION ADOPTING THE BUDGET FOR THE CITY OF ALEXANDRIA FOR THE YEAR 2012 AND ESTABLISHING THE TAX LEVY FOR THE YEAR 2011 PAYABLE IN 2012. Council Member Batesole stated he plans to vote against the budget as he disagrees with it. He feels the tax levy should be down to zero rather than 4.57%. Council Member Miller pointed out the 4.57% levy covers strictly the non-discretionary amounts that need to be covered. The City does not have all the money available for equipment due to the zero levy change that was approved in the past. Yes the City is looking at a 4.57% levy, but it would be looking at a better situation if the Governor and Legislature had not cut the Local Government Aid; and if the public has concerns they need to go back to their Legislators and Governor, because that is the effect we are feeling in the city. Council Member Frank thanked Mayor Ness and Council Member Benson for serving on the Budget Committee along the rest of the City staff for their work on the budget. As for the 4.57% levy, there is some of it that is uncontrollable such as the ALASD levy amount. The motion carried by the following vote:

YES: Carlson, Miller, Benson, Frank NO: Batesole

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

AMEND 2011 CITY OF ALEXANDRIA BUDGET

City Administrator Jim Taddei explained that while reviewing the 2011 budget amounts, there were several additional changes needed to the 2011 budget. The changes included Police holiday pay not included in the 2011 budget which increased $64,500; added Police maintenance - increase $12,425; Animal Control - decrease $12,425; the Building Department wages did not include the secretarial expenses in the initial budget - increase $27,000; the total $91,500 change is balanced by reducing the Capital Improvement Fund by $91,500. He explained these funds have been corrected for the 2012 budget; however the City Council needs to amend the 2011 budget to reflect these changes.

Following discussion, a motion was made by Miller and seconded by Carlson to approve amending the 2011 City of Alexandria Budget as outlined above. Council Member Batesole knows the City Council is allowed to make changes but now it takes a 4/5 vote instead of a majority; he is not in disagreement with removing the $91,500 to cover the overrun, as in the case of the holiday overpay. However, when considering the 2012 budget, if $91,500 is being taken out of the Capital Improvement Plan to cover these overruns, what is it that is not going to be done? This also means $91,500 less in 2012 because in doing the budget, what was not spent in 2011 would be carried over into 2012.

Assistant City Administrator Marty Schultz explained there are funds in the Capital Improvement Fund that exist to cover the changes. As the City does with any of the projects, they need to be approved by the City Council prior to commencing. There may be road projects that can be moved back another year. Given the decrease of $300,000 to $81,000 staff certainly expects there would be less expenditures in 2012. Mr. Taddei noted there is about $800,000 in the Capital Improvement Fund. Batesole agrees but everything the City has in the budget is designated tentatively for those projects. The City is going to have $91,000 less in 2012 than the budget it just approved because we are using money not used in 2011 to cover the over run. Mr. Schultz has assured Batesole he will be revising the Capital Improvement Plan items, of which the City Council will be receiving a copy. Council Miller noted this is a prime example of what the zero levy increase in the past affects. Batesole noted the charter states it takes a 4/5 vote not a majority for approving these changes by taking from one fund to cover another fund.

The motion carried by the following vote:

YES: Batesole, Carlson, Miller, Benson, Frank NO: None Alexandria, Minnesota November 28, 2011

JOHN TIMMERMAN, BUG-A-BOO BAY AND CHARLIE MEYER, GARDEN CENTER – REQUEST AMENDING CITY CODE TO ALLOW 2:00 A.M. CLOSING

John Timmerman, Bug-A-Boo Bay, noted that he, along with Charlie Meyer from the Garden Center, is asking for a later closing. After listening to the City Assessor’s presentation, Mr. Timmerman noted it interesting how the taxes are being shifted to commercial, so they would like to add this additional hour of operation to their businesses. Three more cities in the area have adopted the 2:00 a.m. closing, but not all the businesses have chosen to stay open.

Mr. Meyer indicated they would like to even the playing field instead of watching customers running down the road to the competition because they stay open until 2:00 a.m. The 2:00 a.m. closing would perhaps allow less traffic on the roads.

Mr. Timmerman mentioned that the impact of bars staying open until 2:00 a.m. in Douglas County was not significant according to the Douglas County Sheriff’s office. As for what would it do to the Police in Alexandria, he contact Chief Wyffels who indicated it was up to the Council to decide how to handle the extra hour.

Council Member Frank thanked Mr. Timmerman and Mr. Meyer for how they presented this request to the City Council. He pointed out that when it was presented by another business a year ago the City Council was not ready for it. However, now the way Mr. Timmerman has presented it at this time is much more organized. Mr. Meyer stated he did not want to be involved in how the previous presentation went last year when that establishment gave the City the ultimatum of approving the request or their sale would not go through. Frank asked if this is going to be an every night occurrence or just on the weekends, and does this change the outdoor music. What type of guidelines would they have in regard to this? Mr. Meyer noted as of now they cannot do outside music without the Council approval; also he is looking at the 2:00 a.m. closing on Thursday-Saturday and at this time would probably remain at the 1:00 a.m. Sunday-Wednesday. Mr. Timmerman indicated that the outdoor music requests has to come to the Council, and he would also be looking at staying open until 2:00 a.m. Thursday-Saturday, but there is always a possibility of doing other nights. Council Member Carlson asked, with extended hours, does the liquor license cost more. Mr. Meyer pointed out there is the state license that has to be requested for the 2:00 a.m. closing. The cost of the first year is $200 and then subsequent years are based on gross sales. Carlson mentioned a public hearing is not required, but the City Council may choose that option. City Administrator Jim Taddei stated the ordinance would require two readings, so there is in effect a public hearing. Council Member Miller noted in essence it is not a public hearing tonight so there would be time to hold one. He then asked if the bars have a cut off time as far as serving. Mr. Meyer noted the State of Minnesota and City of Alexandria allows serving until 1:00 a.m., and the building must be vacated by 1:30 a.m. Is there any limitation of drinks they serve at any given time – Mr. Meyer stated they are not supposed to over serve. Those types of regulations are already in place and have not change. Mr. Meyer personally feels there should not be a time limit because he has people working 24/7. Miller noted if there are additional people leaving at 12:30 a.m. intoxicated and if they would stay in Alexandria just maybe the roads will be a little bit safer rather having those individuals driving out on the roads a longer way away. Mr. Meyer mentioned that people have gotten more responsible. Carlson pointed out other liquor establishments in the City will not be required to go with the 2:00 a.m. closing. Mr. Timmerman noted there is a choice that is out there with the 2:00 a.m. closing, and other bars will not be forced to go with it. Carlson noted Bug-A-Boo and Garden Center are basically the only two establishments requesting it at this time. Mr. Meyer indicated the owner of The Depot stated he was not going to fight the request, he just was not going to do it; Bennigans are in favor but will probably not change their hours; the Holiday Inn is very excited about it. Mr. Timmerman noted it is important to point out that the other bar establishment will have a choice. Mr. Meyer noted this does not change the liquor/food ratio requirements – they still have to abide by those rules. Carlson feels there is some work that needs to be done on this as far as the draft ordinance, staff reports, etc. Mr. Taddei noted the ordinance requires a first and second reading. Miller appreciated the phone call from Mr. Timmerman and being able to ask Mr. Timmerman many questions concerning this request.

Following discussion, a motion was made by Frank and seconded by Miller to direct City staff to draft an ordinance for the next meeting on December 12th and to receive public input. The motion carried by the following vote:

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

POLICE OFFICERS LIFE SAVING RECOGNITION

Police Chief Rick Wyffels introduced Susie Osaki, CentraCare Heart and Vascular Center, who mentioned in a cardiac arrest you actually do die. She stated they work with communities to increase the awareness of people who perform Certified Public Resuscitation. One target is the high school and they went to Jefferson High School and taught them to do CPR and the AED shocks. They do not charge for training sessions. She also pointed there is no discrimination of age for cardiac arrest. Nationally, the Alexandria, Minnesota November 28, 2011 survival rate is 5%. After talking with Chief Wyffels he mentioned not all their squad cars have an AED so the St. Cloud Hospital will be donating the AED for one squad car. Howard Grafenstein got immediate help from three Alexandria Police Officers and recovered rather quickly. Sergeant Chad Schroeder, Police Officer James Ross, and Police Officer Jason Rosha were the three officers to respond. Mr. Grafenstein went into cardiac arrest, lost control and crashed his vehicle into a residence. Those officers responded and used the AED; due to their quick response and hard work there is a survivor. Ms. Osaki then presented the Certificate of Life Saving Recognition to those officers.

Chief Wyffels mentioned this is an opportunity to celebrate and look at the lives saved, and it is really nice to be able to influence a positive outcome. This is a wonderful time to celebrate such a thing and he appreciates his staff.

Mr. Grafenstein and his wife Judy thanked the Officers and commended them on how they helped them through the process.

Mayor Ness noted on behalf of the Council he is very proud of the Alexandria Police Department and the three Officers involved, and he publicly thanked them.

RUNESTONE COMMUNITY CENTER – SECURITY CAMERAS

Vinnie Hennen, Runestone Community Center Manager, noted the Runestone Community Center Commission would like to request $5000 from the equipment fund to purchase eight security cameras, one DVR 16-channel recorder, and cables.

Council Member Frank noted he sits on the RCC Board, and the RCC has had a lot of damage and they are trying to get a handle on that. They feel this would get the key areas covered in the facility.

Following discussion, a motion was made by Miller and seconded by Benson to approve the purchase of eight security cameras, one DVR 16-channel recorder, and cables in the amount of $5,000. Council Member Batesole noted the RCC has the money in its equipment fund but questioned whether or not this was a planned purchase. Mr. Hennen indicated they do have the funds available, but they only get $20,000 per year designated for equipment so it takes awhile to build up that fund. Frank noted this request has been put off for three years and the Commission decided to move forward on this instead of waiting until 2012. This is half the price they have been looking at the past three years. The motion carried by the following vote:

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

CITY PLANNER MIKE WEBER – PLANNING COMMISSION RECOMMENDATIONS

1. Public Hearing – American National Bank – Exception To Platting (EP-11-001)

This application seeks to use the one-time split provisions allowed under the Subdivision Ordinance to create a separately conveyable 0.77 acre parcel of land. The property is currently owned by American National Bank and is located north of 22nd Avenue, between Aga Drive and Eric Circle (the buildings formerly housed the Fingerhut/American Spirit operations) and is legally described as: “N 464.7 Ft Of W 394.4 Ft Of S 610.7 Ft & N 80 Ft Of E 66 Ft Of S 146 Ft Of W 227 Ft Of SE NW4 Unplatted Alexandria City, AC 4.33, Section 30, Township 128, Range 37, Douglas County, Minnesota.”

RECOMMEND APPROVAL of the Exception to Platting Application submitted by American National Bank based upon the Findings of Fact:

A. The parcel is unplatted property. B. All buildings meet zoning building setbacks. C. All accessory buildings meet maximum size requirements. D. All created lots or parcels meet zoning land area requirements. E. No street dedication is required. F. Adequate street access is provided to each parcel. G. Adequate utilities are available to service the parcels. H. Proper utility easements are secured I. The original parcel has not been “split-off” after February 9, 1976. AND, the following conditions: 1. The applicant to prepare and record any necessary easement to ALP as per the procedure outlined in the October 27, 2011 letter from Scott Deitz. 2. Connection charges for water and sanitary sewer will be due upon development of the newly created 0.77 acre parcel. Alexandria, Minnesota November 28, 2011

3. Waiver of the City’s park dedication requirements, since this is a subdivision for conveyance and the land is zoned and planned for commercial use. Following discussion, a motion was made by Frank and seconded by Carlson to accept the recommendation of the Planning Commission and approve Exception to Platting EP-11-001 based upon the Findings of Fact and Conditions outlined above. The motion carried by the following vote:

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

CITY ENGINEER TIM SCHOONHOVEN – AGENCY DELEGATED CONTRACTING PROCESS AGREEMENT

City Engineer Tim Schoonhoven noted this is not a project specific agreement but rather for any type of project funded by the federal government. Every city that receives funding in the State of Minnesota is required to execute this agreement. He mentioned the City gets a significant federal project funded about every five years. This puts in place process to allow MnDOT to act as the City’s agent.

Following discussion, a motion was made by Carlson and seconded by Frank to approve the Agency Delegated Contracting Process Agreement with MnDOT and to adopt Resolution No. 2011-57, RESOLUTION REQUESTING MN/DOT TO ACT AS AGENT FOR THE CITY OF ALEXANDRIA. Council Member Batesole stated he read this agreement numerous times and sought legal help to understand it. He feels contracts like this are basically too much for him to understand and he believes the City should have its legal staff look at it. Batesole then made an amendment to the motion to have legal staff review it. Council Member Frank seconded the motion for discussion. Frank pointed out this is not the first time the City has done this program. Does the City want to incur more costs by having legal look at it again? City Administrator Jim Taddei noted this is for federal transportation funds – basically if you want federal funds, then the City must sign this agreement. This is how it works if the City wants the funding. Batesole noted it is an action between the City and the Federal on how to handle the funds. The feds provide the funds but the City is responsible. He does not know if the agreement has been approved – there are changes made to that. It seems when something is too complicated we should know what we are approving. Batesole feels the City has the right to ask legal counsel to look at the agreement. Council Member Miller asked Mr. Schoonhoven if he would highlight what this agreement does for the City. Mr. Schoonhoven explained the federal funds pay about 80% of a project and the rest is municipal state aid. All this agreement does is allows for federal funds to flow through MnDOT. It spells out what the City needs to do for a federal project, and is what the City already does. The City is always responsible for its projects; this is just for funding purposes. Miller noted this supersedes the previous contract, so the City needs to move forward on this.

The amendment to the motion failed by the following vote:

YES: Batesole NO: Carlson ABSTAIN: Miller, Benson, Frank

The original motion carried by the following vote:

YES: Carlson, Miller, Benson, Frank NO: Batesole

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

Council Member Frank asked Mr. Schoonhoven if the North Nokomis project is all wound up. Mr. Schoonhoven noted it is almost done.

CITY ATTORNEY’S ITEMS OF BUSINESS

City Attorney John Lervick had an informational item. The City was served with a complaint on November 18th from Duinick Brothers concerning the southwest storm sewer project. This item was discussed during the Budget Committee meeting. Nothing has materialized from discussions after the project was completed and during the process of completing the project. Both sides have spent a lot of time trying to iron the differences. Basically the City would not let Duinick Brothers add to the dirt pile at the Airport during the construction of the southwest storm sewer project and now Duinick is suing; there are nine different specific-related claims. When the City was served, Mr. Taddei sent it to the City’s insurance agent, and they in turn sent it to the League of Minnesota Cities Insurance Trust (LMCIT). The LMCIT has assigned an attorney to handle this case. Mr. Lervick noted this is informational only at this time, they probably will not hear too much about it until it goes to trial. This is a complicated law suit. The project has been completed but we are now talking about the aftermath of the project. The whole process could take up to 12 months. Alexandria, Minnesota November 28, 2011

CITY ADMINISTRATOR’S ITEMS OF BUSINESS

A. ALP/City Joint Meeting – City Administrator Jim Taddei mentioned Alexandria Light and Power is suggesting the following dates for the joint meeting with the City Council: December 19, 20, 21, 22, 28, and 29. The City Council mutually agreed December 29th at 5:00 p.m.

B. Village Cooperative Grand Opening – Mr. Taddei has been contacted by the manager of the Village Cooperative (old Washington School) who wanted the Mayor and City Council to know that a grand opening is scheduled for 10:30 a.m. on Thursday, December 8th.

C. Excess Liability Coverage – Mr. Taddei noted that each year the City Council needs to take separate action on whether or not the City should endorse excess liability coverage in the amounts above the $1,500,000 current statutory limit. Mr. Taddei indicated that since he has been City Administrator, the City Council has decided not to seek the additional liability coverage. The cost for the excess liability coverage is estimated at $29,000 per year. He pointed out the rather strange wording, but if the City wishes not to have the additional coverage, the City Council must take action that the “City does not waive the monetary limit on municipal tort liability established by Minnesota Statute 466.04”.

Following discussion, a motion was made by Miller and seconded by Frank to not waive the statutory monetary limit on municipal tort liability established by Minnesota Statute 466.04. The motion carried by the following vote:

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

D. Community Performance Measurement Survey – Mr. Taddei mentioned the State Legislature has set up a program to encourage cities to conduct community surveys as a means of improving services to the residents of the community.

Assistant City Administrator Marty Schultz mentioned in June the Council authorized participating in the performance measurement survey. His intent is to have the survey on the website for the month of December.

OLD AND OTHER BUSINESS

Council Member Batesole mentioned follow up items – the grant for the safe routes to school meeting that was held while he attended the CGMC Conference in Fergus Falls. The City Council should get a summary of what happened at the meeting and what the general feeling was from the public. He has had two calls since that meeting. City Administrator Jim Taddei noted this item will be brought before the Planning Commission who will hold the public hearing and receive comments; then it will come back to the City Council. Batesole stated his observation is - when it goes before the Planning Commission people are hesitant to talk, whereas in an informal meeting setting they are more likely to speak. He would still like to get an idea of what went on at the meeting. Mr. Taddei stated he would see if anyone has minutes or information from the meeting.

On a second item, Batesole wondered about the contract negotiations with the cable company; he indicated the Council had previously mentioned trying to negotiate an office in the City along with several other items to negotiate. He wondered what happened in those negotiations. Assistant City Attorney Tom Jacobson noted they have met with the negotiator for Charter Communications, and Charter has some revisions they would also like to make, and the City has some items also. Charter representatives said it would take about a month to get it reviewed. It is a long process but they are on top of it.

On a third item, Batesole understands the DEED cooperative agreement letter that went out was not made with the changes that the City Council made and approved. He is wondering why it went out without the revisions and why it was not handled in accordance with the City’s charter. He indicated the City Council approved the agreement as modified. Mayor Ness noted the State would not accept the changes – so due to the time constraints it had to be signed. And with that, Mayor Ness noted he would like the City Council to ratify his actions on signing the agreement. Batesole stated he would like the City Attorney to answer how this should be handled. The City’s Charter talks of an emergency situation if this cannot the handled. Council Member Miller stated he made the original motion and the amendment for some of the changes in the agreement; he then received a phone call from staff advising the changes could not be made. Therefore he moved to ratify the Mayor Ness signature according to the State format. The second was by Frank. The motion carried by the following vote:

YES: Carlson, Miller, Benson, Frank NO: Batesole Alexandria, Minnesota November 28, 2011

Council Member Miller noted the Coalition of Greater Minnesota Cities conference in Fergus falls addressed the property taxes that City Assessor Reed Heidelberger mentioned. On another note, 980 golf balls have been collected for members of the military and shipped overseas. On December 15 th the officers of the commissioning crew for the USS Minnesota submarine, which is being built, will be in Alexandria. The Alex Tech has the largest number participants for naming the USS Minnesota.

Mayor Ness mentioned the art work displayed on the back table in the Council Chambers. This is work from the artist that will be constructing the living tree structure in Big Ole Central Park.

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 9:15 p.m.

______H. Dan Ness, Mayor ATTEST: ______James P. Taddei, City Administrator