MINUTES

MANKATO CITY COUNCIL

REGULAR MEETING, MONDAY, NOVEMBER 8, 1982



                                           CALL TO ORDER

1.  A Regular Meeting of the City Council was held commencing at 7:00 p.m. on
    the llth day of November, 1982, with Mayor Herbert Mocol presiding. 
    Councilmembers Lloyd Hagemann, Mary Lofy, Robert Schramski, Bruce Smith,
    John Berg, Arline Brown, the City Manager William Bassett, the Assistant
    City Manager Tom Melena and the City Attorney Michael McCauley were
    present.

                                            APPROVAL OF AGENDA

2.  Mayor Mocol asked if there were any changes to be made to the Agenda. 
    Mr.  Hagemann and Mrs. Brown indicated they had items to be discussed
    under Reports of City Council Members.  Mr. Bassett asked that item 10.3,
    an Ordinance revising fence height requirements be deleted.  He then
    asked that three items be added:  item 5.13, a Resolution authorizing an
    addendum to the ground lease between the City of Mankato and Herman
    Huffer; item 5.14, a Resolution authorizing acquisition of easement
    rights for Stage 3-C of the Flood Control Project from the Chicago,
    Milwaukee Railroad Company; and item 11.13, application of Bill Cosgrove,
    R.S. Productions for a Peddler's license.
        Mr. Bassett then asked that item 11.2, applications by Mankato Iron
    and Metal, Inc., be designated the first item on the agenda.  He
    explained that there were out of town representatives for Mankato Cold
    Storage who would like to appear before the Council as soon as possible
    so they could return home that night.
        Terry Pooley, representing Mankato Iron and Metal, appeared before
    the Council asking that his request not be acted on until 9:00 p.m,
    explaining that his attorney could not be present until then.  Mr.
    Bassett explained to Mr.  Pooley that he had spoken with his Attorney and
    that the request may be tabled because of several problems.  He explained
    it would be best to meet with all the parties to try and figure out how
    to solve the problems.  Mr. Bassett then stated that the representatives
    from Mankato Cold Storage would be first on the agenda, and the item
    would be continued when Mr. Pooley's attorney arrived.
        There being no further changes, Mr. Schramski moved adoption of the
    amended Agenda.  Mr. Hagemann seconded the motion, all voting aye, the
    motion carried.

                                            APPROVAL OF MINUTES

3.  Mayor Mocol asked if there were any changes or corrections to be made to
    the Minutes of the Regular Meeting of October 25, or to the Minutes of
    the Special Meeting of November 4, 1982.  There being none, Mr. Hagemann
    moved adoption of the Minutes of the Regular Meeting of October 25, 1982
    and the Minutes of the Special Meeting of November 4, 1982.  Mr.
    Schramski seconded the motion, all voting aye, the motion carried.

                                            CITY MANAGER'S REPORT

4.  (11.2a, b & c) Mr. Bassett reported on the application of Mankato Iron
    and Metal, Inc., for a Conditional Use Permit to allow a scrap metal
    salvage yard in an M-2 Zone, for a license to encroach in the right of
    way to utilize Willow Street between Rock and Elm Streets by stock piling
    metals on both sides of a railroad spur, and a license to load and unload
    in the right-of-way.

    City Council Meeting - 11/8/82
    Minutes - Page 2


4.  (11.2 continued) David Feiges, Vice President of Mankato Cold Storage,
    located on Elm Street, appeared before the Council stating that he had
    some concerns regarding the license applications of Mankato Iron and
    Metal.  He passed out copies of government manuals for operation of food
    processing plants to the
                                                       some problems that
    Councilmembers.  He asked them to take into considerationrequests.  He
    explained could be caused by approving Mankato Iron and Metal .
    that a fence would be necessary to keep it a neat operation.  He further
    explained that if the fence was on the lot line on the corner of Rock
    Street, where the semi's turn into the alley, it could cut their access. 
    He then stated that he was concerned with possible future problems.  He
    explained that each of the companies involved would have to be concerned
    with future growth.
        Mayor Mocol asked Mr. Feiges if the major problem as he saw it was
    the fence and the corner access.  Mr. Feiges replied yes, and further
    explained that it would be necessary to set some rules.  Mrs. Lofy stated
    that in the report, it was stated that one objection or concern was the
    cutting off of Willow Street.  Mr. Feiges stated that it would not be a
    problem if the corner at the alley and Rock Street were kept cut back. 
    Mayor Mocol asked Mr. Pooley if that was a problem.  Mr. Pooley replied
    that it was not a problem, explaining that the staff had looked at their
    plans and approved them.
        Mike Ryan, attorney for Mankato Cold Storage, appeared before the
    Council explaining that one of their concerns was the City's future plans
    for Rock Street, and whether it would be kept open.  Mr. Feiges stated
    that their semi trailers have to be able to make a loop.  Mayor Mocol
    stated that it appeared that Mr. Pooley and Mr. Feiges seemed to be in
    agreement.  He stated that it would be best to work it out with their
    attorneys and get it on paper so there would not be any future
    misunderstandings.  He then stated that discussion of this item would
    continue later in the evening.

5.  (5.1) Mr. Bassett reported on a Resolution authorizing the City Manager
    to enter into a grant agreement for Mass Transit funds for 1983.  He
    explained that the resolution was basically the same as last year's
    except that the break-down for cost reimbursement would be different.  He
    explained that this year 50% of Mass Transit expenditures would be
    reimbursed by Mn/DOT after the first month of operation, 40% after the
    seventh month, 9% after the twelfth month, with 1% being held until after
    the final audit.
        Mr. Schramski moved adoption of a RESOLUTION AUTHORIZING THE CITY
    MANAGER TO ENTER INTO GRANT AGREEMENT FOR MASSS TRANSIT FUNDS FOR 1983. 
    Mr. Hagemann seconded the motion, all voting aye, the motion carried.

6.  (5.2) Mr. Bassett reported on a petition submitted by Gerald Maschka,
    1006 Mulberry Street, requesting only one hockey rink at Hilltop Park. 
    He explained that there was a great deal of misunderstanding concerning
    this, and asked that the item be tabled until the next regular meeting of
    November 22, 1982.
        Mr. Hagemann moved to table the report on a petition requesting one
    hockey rink at Hilltop Park until November 22, 1982.  Mr. Schramski
    seconded the motion, all voting aye, the motion carried.

7.  (5.3) Mr. Bassett reported on the progress of the power lines being
    placed underground at the Municipal Airport.  He explained that as of
    November 3, the terminal ends had been completed, and it was anticipated
    that the entire project would be completed by December 1, 1982.
        Mr. Berg stated that George Sugden of the Airport Advisory Committee
    had requested that a representative from NSP be present at the next
    meeting to explain exactly what the project entailed.

    City Council Meeting - 11/8/82
    Minutes - Page 3


8.  (5.4, 5.5 & 5.7) Mr. Bassett reported on Change Orders for the Fourth
    Street Parking Ramp.  He explained that Change Order #1 provides for the
    contract adjustment of the caisson foundation, explaining that an
    additional 203.88 feet of caisson was required, for a cost of $6,116.40. 
    He further explained that the soil engineers cannot predict what they
    will find when making soil borings.
        Mr. Bassett went on to explain the Change Order process, explaining
    that previously, changes were made without the Council's
                                               knowledge.  He stated
                                         that he feels more
                                         comfortable reporting to the
                                         Council in regard to change
                                         orders.  He stated that the
                                         engineer has to have freedom
                                         to make decisions regarding
                                         change orders, explaining
                                         that projects would be more
                                         expensive if work had to be
                                         stopped in order for the
                                         engineer to report to the
                                         Council.  He stated that the
                                         engineer has to have the
                                         flexibility to make
                                         decisions in order to keep
                                         the project moving.  He
                                         explained that people
                                         concerned about the change
                                         order process are only aware
                                         of it because the Change
                                         Orders are presented
                                         publicly.  He further stated
                                         that there is no way to
                                         predict some of these change
                                         orders.  Mrs. Lofy asked if
                                         contingency funds were built
                                         into every project.  Mr.
                                         Bassett replied yes,
                                         explaining that the City
                                         never does a project
                                         anticipating that there will
                                         be no extra costs.
        Mr. Bassett then went on to explain Change Order #2 for the Fourth
    Street Parking Ramp.  He explained that it required the relocation of a
    floor drain on the ramp to provide adequate space for the piping, for a
    total cost of $1,075.96.
        Mr. Bassett then reported on Change Order #1 for the Fourth Street
    Parking Ramp, explaining that it was a substantial completion date change
    on the contract from November 1 to December 1, 1982, with the final
    completion to be April 30, 1983.  He explained that there had been delays
    on the project which allowed the developer time to secure all of the
    financing on the Nichols Hall project.  He further stated that since work
    did not start as early as anticipated, the extra month extension was
    considered to be acceptable.
        Mr. Bassett reported on Supplemental Agreement #1 for Project Number
    81306 and 81307, Third Avenue and Industrial Road, the installation of
    inlaid lane markings.  He explained that the project involves installing
    an experimental type of press-on lane markings.  He stated that since the
    materials are somewhat experimental, the project is reimbursable under a
    Federal Research project funding.  He explained that the installation
    needs to take place with the placement of the last asphalt lift which can
    be accomplished only between June lst and September 30th, which would
    delay the project until the 1983 construction season.  Mayor Mocol asked
    if the major benefit of the inlaid lane markings was because it would not
    have to be applied as often.  Mr. Bassett replied yes, explaining that it
    would have a longer lifetime.
        Mr. Bassett reported on Supplemental Agreement #1 for Project Number
    81362.  He explained that when Project Number 82038, the parking lot
    abutting Gamble Robinson, Westburne Supply and Richards Seamless  Gutter
    was ordered in September, it was determined that it would be necessary to
    attach the minor work items on this project to the adjoining
    Minnesota/Pike Street surfacing project in order to accomplish the work
    this fall.  He explained that the staff took the bids received on the Hy-
    Vee project and applied them to the parking lot.

9.  (5.6) Mr. Bassett reported on the rental of City farm properties.  He
    explained that the City had been asked to renew the leases at the 1982
    rates because of the depressed farm commodity markets and the tight
    economy.
        Mr. Bassett further explained that the Soil Conservation Service had
    been contacted requesting their assistance with the farm drainage
    inspection work.

    City Council Meeting - 11/8/82
    Minutes - Page 4


9.  (5.6 continued) Mr. Berg stated that he thought the request for 1982
    rates was fair.  Mr. Bassett stated that it would be hard to justify an
    increase.  Mr.  Schramski asked what the average price was for the rental
    of the land.  Mr.  Bassett replied that it averages out to about $75.00
    to $80.00 per acre, and stated that a lot of the land is not useable.

10. (5.8) Mr. Bassett reported on a resolution directing the application for
    tax forfeited property from the State of Minnesota, explaining that the
    property involved was located between Sunray Avenue and Fair Street.  He
    explained that this 30 foot strip could be used for a connector street.
        Mr. Hagemann asked if this would be done next year.  Mr. Bassett
    replied that a temporary road would be put in if the City could obtain
    the necessary easements.
        Mr. Schramski moved adoption of a RESOLUTION DIRECTING THE
    APPLICATION FOR TAX FORFEIT PROPERTY FROM THE STATE OF MINNESOTA, a lot
    located between Sunray Avenue and Fair Street.  Mr. Hagemann seconded the
    motion, all voting aye, the motion carried.

11. (5.9) Mr. Bassett reported on a Resolution appointing and designating the
    Commissioner of Transportation as agent of the City of Mankato to receive
    funds on behalf ot the City for an airport snow blower.  He explained
    that it was a standard resolution required by the State.
        Mr. Smith moved adoption of a RESOLUTION APPOINTING AND DESIGNATING
    THE COMMISSIONER OF TRANSPORTATION AS AGENT OF THE CITY OF MANKATO, for
    the acquisition of a snow blower for the Mankato Municipal Airport.  Mrs.
    Brown seconded the motion, all voting aye, the motion carried.

12. (5.10) Mr. Bassett reported on a resolution approving plans and
    specifications for widening, surfacing and traffic control signals at
    Highway 22 and Balcerzak Drive.  He explained Mn/DOT did not want to use
    Federal funds, so the City would be using MSA funds.
        Mr. Berg moved adoption of a RESOLUTION APPROVING PLANS AND
    SPECIFICATIONS FOR WIDENING, SURFACING AND TRAFFIC CONTROL SIGNALS AT
    HIGHWAY 22 AND BALCERZAK DRIVE.  Mr. Schramski seconded the motion, all
    voting aye, the motion carried.

13. (5.11) Mr. Bassett reported on a resolution for Improvement Numbers 80050
    and 80051, Hiniker's Second Subdivision.  He explained that this involved
    the property where the Prime Rate motel and McDonald's are located.
        Mr. Schramski moved adoption of a RESOLUTION DECLARING COSTS TO BE
    ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR IMPROVEMENT
    NUMBERS 80050 AND 80051, necessary sanitary sewer, water main, storm
    drainage, grading, base, curb and gutter, and bituminous surfacing in
    Hiniker's Second Subdivision, and moved to set the date of hearing for
    November 22, 1982.  Mr. Smith seconded the motion, all voting aye, the
    motion carried.

14. (5.12) Mr. Bassett reported on resolutions authorizing issuance and sale
    of General Obligation bonds.  He explained that all of the projects had
    been previously authorized, and the resolutions were being passed now so
    they could be put on the bond market.  Mayor Mocol asked if there would
    be a 1 mill levy because of this.  Mr. Bassett replied yes.  He then
    explained that there were $710,000 storm system bonds, $285,000 for the
    central garage, $100,000 for the Chesley project, $580,000 for the
    parking facility behind the Government Center, $150,000 for the Hy-Vee
    subsurface improvements, and $3,870,000 general obligation bonds.

    City Council Meeting - 11/8/82
    Minutes - Page 5


14. (5.12 continued) Mrs. Brown moved adoption of a RESOLUTION AUTHORIZING
    ISSUANCE OF $1,595,000 GENERAL OBLIGATION IMPROVEMENT BONDS.  Mr.
    Hagemann seconded the motion, all voting aye, the motion carried.
        Mr. Smith moved adoption of a RESOLUTION AUTHORIZING ISSUANCE OF
    $450,000 GENERAL OBLIGATION STORM SEWER BONDS.  Mrs. Lofy seconded the
    motion, all voting aye, the motion carried.
        Mr. Berg moved adoption of a RESOLUTION AUTHORIZING ISSUANCE OF
    $710,000 GENERAL OBLIGATION SEWER SYSTEM BONDS.  Mrs. Lofy seconded the
    motion, all voting aye, the motion carried.
        Mr. Hagemann moved adoption of a RESOLUTION AUTHORIZING ISSUANCE OF
    $285,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS.  Mr. Smith
    seconded the motion, all voting aye, the motion carried.
        Mrs. Brown moved adoption of a RESOLUTION AUTHORIZING ISSUANCE OF
    $100,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1982-A.  Mrs.
    Lofy seconded the motion, all voting aye, the motion carried.
        Mrs. Lofy moved adoption of a RESOLUTION AUTHORIZING ISSUANCE OF
    $580,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1982-B.  Mr. Berg
    seconded the motion, all voting aye, the motion carried.
        Mr. Hagemann moved adoption of a RESOLUTION AUTHORIZING SALE OF
    $150,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1982-C.  Mr.
    Smith seconded the motion, all voting aye, the motion carried.
        Mr. Hagemann moved adoption of a RESOLUTION AUTHORIZING SALE OF
    $3,870,000 GENERAL OBLIGATION BONDS.  Mrs. Lofy seconded the motion, all
    voting aye, the motion carried.

15. (5.13) Mr. Bassett reported on a resolution authorizing an addendum to
    the ground lease between the City of Mankato and Herman Huffer.  He
    explained that it provided for the installation and use of electrical
    plug-ins for tenants of the HECO Building.  He further explained that the
    installation and use of the plug-ins is at the sole cost of Herman Huffer
    and that he would indemnify the City.
        Mr. Hagemann moved adoption of a RESOLUTION AUTHORIZING ADDENDUM TO
    GROUND LEASE BETWEEN THE CITY OF MANKATO AND HERMAN HUFFER.  Mr. Berg
    seconded the motion, all voting aye, the motion carried.

16. (5.14) Mr. Bassett reported on a resolution authorizing the acquisition
    of easement rights for Stage 3-C of the Flood Control Project from the
    Chicago, Milwaukee Railroad Company.  He explained that the City would
    pay $32,000 for the easement and fee rights in order to meet the
    requirements of the U.S. Army Corps of Engineers, even though the amount
    exceeds the appraised value of the property.  He further explained that
    the reason the higher settlement was being recommended was because of the
    problem of proceeding in Federal Court in Chicago, and the estimated cost
    of doing that would be at least $26,000.00, with a potential cost in
    losses of $50,000.00.  He explained that he thought the City would not
    gain anything by fighting.
        Mrs. Lofy asked what the appraised value of the property was.  Mr.
    Bassett replied that it was $5,000.00.
        Mrs. Brown moved adoption of a RESOLUTION AUTHORIZING ACQUISITION OF
    EASEMENT RIGHTS FOR STAGE 3-C OF THE FLOOD CONTROL PROJECT FROM THE
    CHICAGO, MILWAUKEE RAILROAD COMPANY.  Mrs. Lofy seconded the motion, all
    voting aye, the motion carried.

    City Council Meeting - 11/8/82
    Minutes - Page 6


                                            REPORTS OF CITY COUNCIL MEMBERS

17. (6.1) Mr. Hagemann asked what was being done about keeping dogs out of
    school yards.  Mr. Bassett replied that an Ordinance had been drafted and
    submitted to the School Superintendent for his review, and he would
    report on his response at the next City Council meeting.

18. (6.2) Mr. Hagemann asked who would pay for a re-count of the ballots. 
    Mr.  Bassett replied that the taxpayers would subsidize a re-count.  Mr.
    McCauley explained that in a recount, a request would have to be made of
    the City Council and the candidate would pay if he lost.  He further
    explained that in an election contest the expense would involve County
    personnel rather than City staff in going through the ballots.
        Mr. Bassett explained that he had been following the media accounts
    of the election and he had discovered that the reporters have been trying
    to correctly explain the situation regarding spoiled ballots.  He
    explained that there were ballots were no one was voted for, and that
    they were not spoiled ballots in terms of a write-in.  He further
    explained that there was very little likelihood of a re-count
 overturning the election results.

19. (6.3) Mrs. Brown stated that there were several polling places which
    caused problems to the elderly and handicapped.  She stated that she
    would like the City Clerk to personally check out the polling stations
    and then submit a list of recommended polling places.
        Mr. Bassett explained that there would be a meeting with the
    National Handicapped Housing Committee where the City would evaluate
    their compliance with the 504 requirements.  He explained that a report
    would be put together and a proposal submitted to the Council.

                                            APPEARANCES

20. (7.1) Dave Coughlan, 113 Ridgley Road, appeared before the Council
    requesting their permission to delay the building of a storm shelter at
    the University Park trailer park until the Spring of 1983.  He indicated
    that he had conferred with Vern Carstenson, owner of Stadium Pizza, and
    had authorization to use the basement of Stadium Pizza as a temporary
    storm shelter.  He explained that the basement was built of concrete
    block walls with a concrete plank overhead.  Mrs.  Brown asked how far
    this was from the trailer park.  Mr. Coughlan replied that it was about
    4/10 of a mile.  Mrs. Brown asked how many units were being opened this
    fall.  Mr. Coughlan replied that there were 6 for sure with the
    possibility of another 6.  Mrs. Lofy asked when he expected to build the
    shelter.  Mr. Coughlan replied that it would be built by May 1, 1983. 
    Mrs. Lofy stated that she had concerns about that because although severe
    storms are not expected earlier than that, the possibility does exist. 
    Mr. Coughlan replied that they would have the use of the Stadium Pizza
    basement for that time period.  Mayor Mocol asked what kind of a
    guarantee the City could expect.  Mr. Coughlan replied that the City's
    policies gave them the right to close the park.  Mr. Smith asked if the
    City could ask the Coughlans to put up a bond.
        Mr. Bassett explained that he had met with the Coughlans and
    discussed the various proposals.  He stated that some of the ideas he was
    hearing at the meeting were new ones, and he recommended tabling the
    request until the staff could meet with the Coughlans.

    City Council Meeting - 11/8/82
    Minutes - Page 7


20. (7.1 continued) Mr. Smith asked what the state law was regarding a storm
    shelter.  Mr. Coughlan replied that an evacuation route was required. 
    Mr.  Bassett stated that the other issue was the City has the option of
    granting an occupancy permit, which required a shelter to be provided. 
    Mr. Hagemann asked why the shelter could not be built at the same time as
    the trailer park.  Mr.  Coughlan replied that there was a lack of funds. 
    Mrs. Lofy asked if an occupancy permit could be approved subject to the
    Coughlans providing adequate shelter, an adequate bond and a definite
    completion date.  Mr. Hagemann stated that he had concerns regarding a
    request for an additional extension at a later date.  Mayor Mocol stated
    that there was potential liability to the City by granting an occupancy
    permit.
        Mr. Smith asked that the City Attorney be instructed to research the
    City's liability.
        Mr. Hagemann moved that the request by the Coughlan's to delay
    building a storm shelter until the Spring of 1983 be tabled until the
    next regular meeting, so the staff could meet with them and inspect the
    proposed shelter in the building owned by Mr. Carstenson.  Mr. Berg
    seconded the motion, all voting aye, the motion carried.

                                            PLANNING COMMISSION

21. (8.1) Mr. Hagemann moved to set the date of hearing for November 22, 1982
    at the request of the Chesley Company, for the vacation of an alley,
    Block 9, Germania Park Addition.  Mr. Schramski seconded the motion, all
    voting aye, the motion carried.

22. (8.2) Mr. Schramski moved adoption of a RESOLUTION OF THE COUNCIL OF THE
    CITY OF MANKATO GRANTING A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT
    AND GAME ROOM IN A B-2 ZONE, for Burt Emanuel at 332 Park Lane.  Mr.
    Hagemann seconded the motion, all voting aye, the motion carried.

23. (8.3) Mr. Bassett reported on a request of Farmer Seed and Nursery to
    allow outdoor storage and display in the B-2 Zone, 1650 Madison Avenue. 
    He explained that staff recommended approval with the conditions that all
    material and merchandise for display or storage must be kept within the
    chain link fence and building, that the greenhouse or any other accessory
    building is set back 30 feet north of the front of the main building,
    that the chain link fence does not extend past the front of the main
    building, and that any signage complies with the B-2 Zoning District
    regulations.
        Mrs. Brown moved adoption of a RESOLUTION OF THE COUNCIL OF THE CITY
    OF MANKATO GRANTING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STARAGE AND
    DISPLAY IN A B-2 ZONE, requested by Farmer Seed & Nursery, 1650 Madison
    Avenue, subject to the conditions stated.  Mr. Smith seconded the motion,
    all voting aye, the motion carried.

24. (8.4) Mr. Bassett reported on a request of Dick Koberoski to allow
    outdoor storage and display in the B-2 Zone, 710 Madison Avenue.  He
    explained that there was a difference between the recommendations of
    Traffic & Safety and the Planning Commission.  He explained that the
    Planning Commission did not want to be restrictive, and they recommended
    that the westernmost access on Madison Avenue be closed.

    City Council Meeting - 11/8/82
    Minutes - Page 8


24. (8.4 continued) He stated that Traffic & Safety had recommended that the
    easterly driveway be closed.  He explained that it is not a big problem,
    and stated that the recommendation was to go with the Planning Commission
    and close the westernmost access on Madison Avenue.
        Mr. Schramski moved adoption of a RESOLUTION OF THE COUNCIL OF THE
    CITY OF MANKATO GRANTING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR
    STORAGE AND DISPLAY IN A B-2 ZONE, requested by Dick Koberoski, at 710
    Madison Avenue.  Mr. Hagemann seconded the motion, all voting aye, the
    motion carried.

25. (8.5) Mr. Schramski moved adoption of a RESOLUTION OF THE COUNCIL OF THE
    CITY OF MANKATO GRANTING A CONDITIONAL USE PERMIT TO ALLOW A POPCORN
    WAGON IN A B-2 ZONE, requested by Jerry Theissen, at Galleria East, 600
    Holly Lane.  Mr. Smith seconded the motion, all voting aye, the motion
    carried.

26. (8.6) Mr. Bassett reported on a request of Northern States Power Company
    to allow an ash disposal landfill at their Wilmarth Generating Plant in
    Lime Township.
        Mrs. Lofy stated that a test was done on the toxic level in the ash,
    and that it fell below the test measurements.
        Mr. Hagemann moved adoption of a RESOLUTION OF THE COUNCIL OF THE
    CITY OF MANKATO GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ASH
    DISPOSAL LANDFILL SITE IN AN M-2 ZONE, requested by Northern States Power
    Company at the Wilmarth Generating Plant in Lime Township.  Mr. Schramski
    seconded the motion, all voting aye, the motion carried.

27. (8.7) Mr. Hagemann introduced AN ORDINANCE REZONING CERTAIN REAL PROPERTY
    LOCATED IN THE CITY OF MANKATO, MINNESOTA FROM R-l ZONING DISTRICT TO R-2
    ZONING DISTRICT, 337 Glenwood Avenue through 423 Glenwood Avenue, and
    moved to set the date of hearing for November 22, 1982.  Mr. Schramski
    seconded the motion, all voting aye, the motion carried.

                                            VARIANCE REQUESTS

28. (9.1) Mr. Hagemann moved adoption of a RESOLUTION OF THE COUNCIL OF THE
    CITY OF MANKATO GRANTING A VARIANCE UNDER THE MANKATO ZONING ORDINANCE,
    at the request of Thomas Melena, 1109 E. Plum, for a side yard setback to
    build an attached garage.  Mrs. Brown seconded the motion, all voting
    aye, the motion carried.

29. (9.2) Mrs. Lofy moved to set the date of hearing for November 22, 1982 at
    the request of Bernhardt Fermenich, 412 Adams, for a variance to reduce
    the rear yard setback to 10 feet for the purpose of building a 14 x 25
    foot addition.  Mr. Smith seconded the motion, all voting aye, the motion
    carried.

                                             ORDINANCES

30. (10.1) Mr. Bassett reported on an Ordinance which would increase water,
    sewer and refuse collection rates.  He explained that the increases are
    essential in order to reach revenue projections in 1983.  He explained
    that there would be a 10% increase in water rates, and a 7% increase in
    sewer rates.
        Mr. Smith introduced AN ORDINANCE AMENDING SECTION 3.70, 3.71 AND
    3.72 OF THE CITY CODE TO ESTABLISH WATER, SEWER AND REFUSE COLLECTION
    RATES, and moved to set the date of hearing for November 22, 1982.  Mrs.
    Brown seconded the motion, all voting aye, the motion carried.

    City Council Meeting - 11/8/82
    Minutes - Page 9


31. (10.2) Mr. Berg introduced AN ORDINANCE AMENDING SECTION 5.35 SUBDIVISION
    B OF THE CITY CODE:  TOBACCO LICENSE FEES, and moved to set the date of
    hearing for November 22, 1982.  Mr. Schramski seconded the motion, all
    voting aye, the motion carried.

                                              LICENSES

32. (11.1) Mr. Smith moved approval and issuance of an Off-Sale liquor
    license for Clarence Schulte at 1707 North Front Street.  Mrs. Lofy
    seconded the motion, all voting aye, the motion carried.

33. (11.3) Mr. Bassett reported on an application of R.S. Productions,
    explaining that they had made application previously for a sale to take
    place at the National Guard Armory.  He explained that the premises were
    not adequate, and application was being made for different dates and a
    different location.
        Mr. Hagemann moved approval and issuance of a Peddler's license to
    R.S.  Productions for a sale of video and stereo equipment at 602 North
    Front Street, from November 12 through November 14, 1982.  Mrs. Brown
    seconded the motion, all voting aye, the motion carried.

34. (11.2) Mayor Mocol re-opened the hearing on the application of Mankato
    Iron and Metla, Inc., 215 West Elm Street for a request for a Conditional
    Use permit to allow a scrap metal salvage yard in the M-2 Zone,
    application of a license to encroach in the right-of-way to utilize
    Willow Street between Rock and Elm Streets, and application for a license
    to load and unload in the West Elm Street right-of-way.
        Mike Ryan, representing Mankato Cold Storage, appeared before the
    Council explaining that the problem they are concerned with is the
    possibility of Rock Street being closed.  Mr. Bassett stated that it was
    not the City's.intent to leave Rock Street open, explaining that that
    Mankato Iron and Metal s request requires negotiation.  He explained that
    their request for a Conditional Use Permit to allow a scrap metal salvage
    yard in the M-2 Zone and for a license to encroach in the right-of-way to
    utilize Willow Street between Rock and Elm Streets could be granted that
    evening.  He explained that their request for a license to load and
    unload in the west Elm Street right-of-way would require them to put in a
    new loading dock, and that more time should be taken to work out that
    problem.
        Mr. Pooley asked if he would be able to continue using his present
    loading dock as long as two streets were open.  Mr. Bassett replied yes.
        Mr. Schramski moved adoption of a RESOLUTION OF THE COUNCIL OF THE
    CITY OF MANKATO GRANTING A CONDITIONAL USE PERMIT TO ALLOW A SCRAP METAL
    SALVAGE YARD IN AN M-2 ZONE, and moved approval and issuance of a license
    to encroach in the right-of-way to utilize Willow Street between Rock and
    Elm Streets by stock piling metals on both sides of a railroad spur, to
    Mankato Iron and Metal, Inc., 215 West Elm Street.  Mrs. Lofy seconded
    the motion, all voting aye, the motion carried.
        Mrs. Lofy then moved to table an application of Mankato Iron and
    Metal for a license to load and unload in the West Elm Street right-of-
    way until November 22, 1982.  Mr. Smith seconded the motion, all voting
    aye, the motion carried.

    City Council Meeting - 11/8/82
    Minutes - Page 10


                                            ADJOURNMENT

35.  There being no further business, the meeting was adjourned at 8:35 p.m.

                                     Minutes Approved.



                                                            -_.-      
                                                    Herbert Mocol
                                     Mayor


                    ._-- 
    Attest:   .                                                  Carla S. Raberge
            Secretary to the Council

                         MINUTES OF THE MANKATO CITY COUNCIL


For more information about the City Council, contact the Executive Assistant at 507-387-8690