MINUTES

MANKATO CITY COUNCIL

REGULAR MEETING, MONDAY, AUGUST 8, 1988

 
 
                               CALL TO ORDER
 
    A Regular Meeting of the Mankato City Council was held commencing
 at 7:00 p.m. on the 8th day of August, 1988, with Mayor Vernon
 Carstensen presiding.  Council Members John Just Jr., Mary Lofy,
 Kathleen Sheran, Michael Davis, City Manager Bill Bassett, Assistant
 City Attorney Eileen Wells, and Secretary of the Council Sandra Paulson
 were present.  Council Members Tony Knapp and Claire Faust were excused.
 
                            APPROVAL OF AGENDA
 
    Mayor Carstensen asked if there were any changes or additions to be
 made to the agenda.
    There being no changes or additions, Ms. Sheran moved and Mr. Davis
 seconded a motion to approve the agenda.  With all members voting in
 favor the agenda was approved.
 
                            APPROVAL OF MINUTES
 
    Mayor Carstensen asked if there were any changes or corrections to
 be made to the Minutes of the Regular Meeting of July 25, 1988.  Ms.
 Lofy requested that page 191, fourth paragraph, line two, "prominently"
 be inserted in place of "promptly".  Mr. Just requested that page 185,
 under item No. 8.2, "stated" be inserted after Bassett in the first
 line.  Mr. Just also requested that page 188, third complete paragraph,
 last line, "it" be inserted after the word that.
    There being no further changes or corrections, Ms. Lofy moved and
 Ms. Sheran seconded a motion to approve the amended minutes of the
 Regular Meeting of July 25, 1988.  With all members voting in favor, the
 motion carried.
 
                           CITY MANAGER'S REPORT
 
 (5.1)  Mr. Bassett reported on a Resolution Appointing Judges for the
 Primary Election to be held in the City of Mankato on September 13,
 1988.
    Mr. Just moved and Mr. Davis seconded a motion to adopt a
 RESOLUTION APPOINTING JUDGES FOR THE PRIMARY ELECTION TO BE HELD IN THE
 CITY OF MANKATO ON SEPTEMBER 13, 1988.  With all members voting in
 favor, the Resolution was adopted.
 
 (5.2)  Mr. Bassett reported on a Resolution Establishing Polling Places
 for the Primary and General Elections to be held in the City of Mankato,
 Minnesota, on September 13, 1988 and November 8, 1988.
    Mr. Davis moved and Ms. Sheran seconded a motion to adopt a
 RESOLUTION ESTABLISHING POLLING PLACES FOR THE PRIMARY AND GENERAL
 ELECTIONS TO BE HELD IN THE CITY OF MANKATO, MINNESOTA, ON SEPTEMBER 13,
 1988 AND NOVEMBER 8, 1988.  With all members voting in favor, the
 Resolution was adopted.
 
 (5.3 & 5.4)  Mr. Bassett reported on a Resolution Declaring Costs to be
 City Council Meeting - August 8, 1988
 Minutes - Page 195
 
 
 Assessed and Ordering Preparation of Proposed Assessment for Improvement
 No. 86036, utilities and surfacing on Tullamore and Yuma Streets, and
 Improvement No. 88022, sewer and water extension into Monique Meadows.
    Ms. Lofy moved and Mr. Davis seconded a motion to adopt a
 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF
 PROPOSED ASSESSMENT FOR IMPROVEMENT NO. 86036 AND IMPROVEMENT NO. 88022. 
 With all members voting in favor, the Resolutions were adopted.
 
 (5.4)  Mr. Bassett reported on a Resolution Authorizing City Manager to
 Execute Continuance of Public Transit Assistance Program Contract with
 the State of Minnesota Department of Transportation.  
    Mr. Just moved and Ms. Sheran seconded a motion to adopt a
 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE CONTINUANCE OF PUBLIC
 TRANSIT ASSISTANCE PROGRAM CONTRACT WITH THE STATE OF MINNESOTA
 DEPARTMENT OF TRANSPORTATION.  With all members voting in favor, the
 Resolution was adopted.
 
 (5.5)  Mr. Bassett reported on a Resolution Authorizing Amendment of
 Contract No. 64266 with the Minnesota Department of Transportation.  Mr.
 Bassett stated that this amendment would mean that the State would
 participate at a 90 percent level rather than the 80 percent level in
 the refurbishing of 11 buses.
    Ms. Sheran moved and Ms. Lofy seconded a motion to adopt a
 RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT NO. 64266 WITH THE
 MINNESOTA DEPARTMENT OF TRANSPORTATION.  With all members voting in
 favor, the Resolution was adopted.
 
 (5.6)  Mr. Bassett reported on a Resolution Authorizing Acquisition of
 Property at 230 South Front Street.  Mr. Bassett stated that the City
 would acquire the property for an acquisition price not to exceed
 $160,000, including the payment of $10,000 in lieu of relocation
 benefits, with the City paying its prorated share of taxes and
 assessments at closing.  Ms. Lofy commented that this acquisition price
 is less than what the City had to pay for other property in that area
 for the Phase II development of the Mankato Mall.  Mr. Just asked if all
 the property for the Phase II development of the Mankato Mall has been
 acquired.  Mr. Bassett stated that all property on that side has been
 acquired.
    Ms. Lofy moved and Mr. Davis seconded a motion to adopt a
 RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY AT 230 SOUTH FRONT
 STREET.  With all members voting in favor, the Resolution was adopted.
 
 (5.7)  Mr. Bassett reported on a Resolution Authorizing Acquisition of
 Property Owned by Ervin Busse (Lots 1, 4, 5 and 6, Block 10 Germania
 Park Addition).  Mr. Bassett stated that this property is located on
 North Third Street in front of the Chesley property.  Mr. Bassett stated
 that this property will be purchased at the appraised value with funds
 from the Tax Increment District, and after acquisition, the City will
 clean up the property.  Mr. Bassett stated that a notice has been sent
 to the owner of lots two and three which City Council Meeting - August
 8, 1988
 Minutes - Page 196
 
 
 states that the City is willing to purchase that property also.  Ms.
 Sheran commented that the City wants to improve the appearance of this
 area in order to attract more businesses.
    Mr. Just moved and Ms. Sheran seconded a motion to adopt a
 RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY OWNED BY ERVIN BUSSE
 (LOTS 1, 4, 5 AND 6, BLOCK 10 GERMANIA PARK ADDITION).  With all members
 voting in favor, the Resolution was adopted.
 
 (5.8)  Mr. Bassett reported on the memo that was received from Mr. Paul
 Baker, Public Works Director, concerning the funding of the 1988 Airfest
 loss.  Mr. Bassett stated that originally, the City of North Mankato
 committed $5,000 and the City of Mankato committed $25,000 for up-front
 costs of Airfest; however, there is a loss of $5,000 and the Airport
 Commission has asked the City of North Mankato and the City of Mankato
 to share the cost of the loss by population.  Mr. Bassett stated that
 means the City of North Mankato will pay 24.8 percent, based upon
 population, of $5,000 ($1,240) bringing their total amount of
 contribution to $6,240, and the City of Mankato will pay 75.2 percent of
 $5,000 ($3,760) bringing the City of Mankato's total amount of
 contribution to $28,760.  Mr. Bassett stated that if the total loss of
 $35,000 was based on population, the City of North Mankato would've
 contributed $8,680, and the City of Mankato would've contributed $26,320
 towards the loss.  Therefore, Mr. Baker is suggesting that in future
 Airfests, the costs that are to be incurred by both cities be agreed
 upon beforehand.  
    Ms. Lofy moved and Mr. Davis seconded a motion to approve payment
 of $3,760 to the Airport Commission for Airfest as the City of Mankato's
 portion of the loss, and in future years it should be agreed upon
 beforehand that both cities will contribute to Airfest based on the
 population.  With all members voting in favor, the motion carried.
    Ms. Lofy commented that the City of Mankato has always funded the
 Airfest and there has never been a loss, however, a great deal of
 thought must be put into future Airfests, and Ms. Lofy concluded by
 stating that a lot of work was put into this year's show.  Mr. Bassett
 agreed, and stated that it is important to have a major jet team
 highlight the show.
 
                        REPORTS OF COUNCIL MEMBERS
 
 (6.1)  Mr. Bassett reported on the list of Ambassador Award nominations
 for Monday, August 22, 1988.  Mr. Bassett requested that if the Council
 had any additions to be made to this list, to please contact City staff. 
 Ms. Lofy requested that Mr. Vern Lundin, former Mayor of Mankato, be
 added to the list as he has recently published a book about Mankato, has
 won State wide awards, and has worked on an international level with
 Sister Cities.
    Ms. Lofy moved and Ms. Sheran seconded a motion to approve the
 amended list of Ambassador Award nominations for Monday, August 22,
 1988.  With all members voting in favor, the motion carried.
 
 City Council Meeting - August 8, 1988
 Minutes - Page 197
 
 
                                 HEARINGS
 
 (7.1)  Mr. Bassett stated that this is the date for an assessment
 hearing on Improvement No. 86054, supplemental assessments for the
 reconstruction of Jaycee Court from Pohl Road to west end for parcel No.
 01-09-17-376-008 which was continued from the July 25, 1988 meeting.
    Mayor Carstensen opened the public hearing.
    Robert Casselman, general partner of Southridge Associates,
 appeared before the Council to state that he didn't receive his
 documents from City staff until last Friday night and Essex Corporation
 didn't receive their documents until this afternoon.  Mr. Casselman gave
 to the Council two documents that Southridge has signed.  Mr. Casselman
 stated that originally they were going to be assessed about $67,000, and
 after the project was let for bids, they found out that the assessment
 was going to be greater.  Mr. Casselman stated that he has worked with
 City staff concerning reductions of the scale of the project, and they
 agreed to $12,670 in the proposed assessment of $100,972.71 to
 $88,302.71, and that is the last figure they agreed to, and he has not
 received any documentation of any items to increase that number beyond
 that point.  Mr. Casselman stated that in looking at the detail and
 documentation he received last Friday night, he sees approximately
 $3,600 in additional monies that were attributed and allocated to Jaycee
 Court which were not assessed in that direction; and at this point, he
 feels that either a reduction in the $88,302.71 or additional time to
 work this out with the City Engineer in the next week would be in order. 
 
    Mr. Bassett asked Mr. Casselman if Robert Eddy, Essex Corporation,
 represents Southridge Associates.  Mr. Casselman stated that Mr. Eddy is
 an employee of the construction company only, and he doesn't represent
 any of the owners of Southridge Associates.  Mr. Casselman stated that
 there were some supplies that were furnished to the construction company
 for construction of this project that should've been billed to the
 construction company, rather than being assessed to the property, that
 being the one and one-half inch of rock.  Mr. Bassett recommended to
 continue the hearing for two weeks so Mr. Casselman can meet with the
 City Engineer.
    Ms. Sheran moved and Mr. Just seconded a motion to continue the
 assessment hearing on Improvement No. 86054, supplemental assessments
 for the reconstruction of Jaycee Court from Pohl Road to west end for
 parcel No. 01-09-17-376-008 until August 22, 1988.  With all members
 voting in favor, the motion carried.
 
 (7.2)  Mr. Bassett stated that this is the date for a hearing on
 National Handicap Housing Institute (NHHI) and Redevelopment Project and
 Tax Increment Financing Plan No. 14.  Mr. Bassett stated that the
 proposal was adopted by the Housing and Redevelopment Authority (HRA),
 reviewed by the Planning Commission, the County Board, and by the School
 District No. 77, and no objections have been received by the County
 Board or the School District.  Mr. Bassett stated that the Planning
 Commission approved the proposed request, and their City Council Meeting
 - August 8, 1988
 Minutes - Page 198
 
 
 consideration involved a conditional use permit and a variance request. 
 Mr. Bassett stated that the HRA would acquire the property for $175,000
 and demolish the two existing structures.  Mr. Bassett stated that the
 advance of $175,000 would come from the economic development fund, and
 it would be financed at 6 percent interest which the tax increment
 district would be able to support for eight years.  
    Ms. Sheran commented that of the acquisition price of $175,000,
 $153,000 is designated for acquisition and demolition, and $22,000 is
 designated for site improvements including landscaping, parking, and
 utilities.  Ms. Sheran stated that $153,000 for the demolition and
 acquisition of two substandard properties seem a little high to her. 
 Mr. Bassett stated that the amount of $153,000 is based on the
 appraisals that were received for the property.  Ms. Sheran asked Mr.
 Bassett who is in charge of the appraisal process - does the City hire
 the appraiser or does the developer.  Mr. Bassett stated that in this
 instance, he is unsure of who was in charge of the appraisal.  
    Michael Bjerkesett, from the NHHI, appeared before the Council to
 state that the NHHI paid for the appraisal, and the appraisal was
 completed by Robinson Appraisal of Mankato.  
    Ms. Lofy stated that she understands Ms. Sheran's concerns with the
 cost of the acqusition and demolition, however, due to her experience
 with appraisals and acquisitions, the figure of $153,000 is not out of
 line.  Mr. Just stated that the cost seems pretty fair if it includes
 everything such as the demolition and acquisition.  Ms. Sheran asked if
 the property could be purchased and the buildings be demolished for
 $100,000 if that is what the City offered the owner.  Ms. Lofy stated
 that it is best to follow policy and use appraised values as that is the
 only quote or objective gauge the City has.  Ms. Lofy stated that this
 does include acquisition and demolition of two downtown commercial
 properties, and she feels very comfortable with the cost involved.  Ms.
 Lofy commented that the tax increment plan does not mention the original
 assessed value.  Mr. Bassett agreed and stated that the addendum to the
 financing plan does not mention the original assessed value either,
 however, the addendum does state that the tax increment will be
 approximately $28,100 per year.
    Mayor Carstensen opened the public hearing on the Resolution to
 Designate and Establish a Tax Increment Financing District No. 14, the
 Resolution Granting a Conditional Use Permit to Apartments to be Located
 Above the Ground Floor, and the Resolution Granting a Variance Under the
 Mankato Zoning Ordinance.
    Steve Larson, 1311 N 7th St., appeared before the Council to state
 that he has lived in Mankato three years, and by profession he is a
 vocational rehabilitation counselor at St. Peter.  Mr. Larson stated
 that he has served physically disabled, chemical dependent, and mentally
 ill individuals in Region Nine and southeastern Minnesota for the last
 five years.  Mr. Larson stated that a point he would like to make this
 evening is that through his profession alone, he has seen a great need
 for affordable, accessible housing in the City of Mankato.  Mr. Larson
 stated that Mankato is the largest city in the State that doesn't have
 affordable, accessible housing for disabled individuals.  Mr. Larson
 stated that he knows there are young handicapped adults City Council
 Meeting - August 8, 1988
 Minutes - Page 199
 
 
 and youths who are trapped in rural communities surrounding Mankato. Mr.
 Larson stated that many of these young adults have concerns in making
 the transition from high school to vocational school and being
 handicapped.  Mr. Larson stated that these individuals' parents also
 have concerns of who is going to take care of their physically
 handicapped children.  Mr. Larson stated that he is president of
 S.M.I.L.E (Southern Minnesota Independent Living Enterprises) which is a
 private, non-profit organization.  Mr. Larson stated that S.M.I.L.E is
 in the process of acquiring a grant from the Minnesota Independent
 Living Program to establish an independent living center in Mankato to
 serve Region Nine, and this living center would be a private, non-
 profit, non-residential facility.  Mr. Larson stated that funding for
 this facility is provided through grants, and staff members provide
 services to enable disabled individuals to live as independently as
 possible and to be as productive as possible so they can get off the
 disability list.  Mr. Larson stated that there is a facility such as
 this in Rochester.  Mr. Larson concluded by stating that the City of
 Mankato has a responsibility to the handicapped and disabled
 constituents to offer this type of housing, and he would be willing to
 pay for this development in his tax rates if necessary.
    Mr. Bjerkesett stated to the Council that it is his job to convince
 the Council that this type of housing will be for low-income, physically
 handicapped young adults.  Mr. Bjerkesett stated that he would like to
 point out that the NHHI has developed this type of development for 14
 years involving 1,000 units.  Mr. Bjerkesett stated that the NHHI has
 secured funds from Housing and Urban Development (HUD), under the
 Section 202 Program which provides Section 8 Certificates, and the
 requirements include that NHHI will only rent to low income people, the
 NHHI has to be a non-profit organization, and priority must be given to
 people who utilize the special features of these units such as wider
 corridors, wheel-in showers, etc.  Mr. Bjerkesett stated that this type
 of housing has to be near downtown where all the services are located as
 many of the residents can't afford a vehicle or don't even know how to
 drive.  Mr. Bjerkesett referred to condition No. 3 of the variance in
 which it states, "that in the event the property, or any portion
 thereof, is used for any purpose other than exclusively for residential
 occupancy by either handicapped and/or elderly people, then the new use
 must comply with applicable parking requirements for such use."  Mr.
 Bjerkesett said that if they have that condition as part of the
 Resolution NHHI would not be able to secure a mortgage.  Mr. Bassett
 stated that it seems inconsistent for HUD to say that as a condition
 they would develop this for another use rather than for handicapped
 without any parking requirements.  Mr. Bassett stated the City has
 reasonable requirements, and if HUD wants to use this facility for other
 uses at some other time, they will have to go along with the City's
 parking requirements which isn't unreasonable.  Ms. Lofy stated that she
 would really like to see this project go forward, and she feels
 comfortable with 20 parking spaces if this is solely for physically
 handicapped individuals; however, she suggested that the variance be
 referred back to staff.  Mr. Bassett cited an example, that City Council
 Meeting - August 8, 1988
 Minutes - Page 200
 
 
 of the Downtowner Apartments, in which they were granted a variance for
 parking since it was only going to be rented to the elderly, and now the
 facility isn't just rented to the elderly, and they have parking
 problems.
    Ms. Sheran asked Mr. Bjerkesett what HUD's relationship is with
 this facility.  Mr. Bjerkesett stated that NHHI will automatically
 become the owners of the property, but HUD will hold the mortgage.  Mr.
 Bjerkesett stated that physically handicapped people are not going to go
 away.  Ms. Sheran asked Mr. Bassett what relationship the HRA has with
 this project.  Mr. Bassett stated that the HRA simply acquires the
 property, and he stated that he assumes that the HRA will administer the
 Section 8 Certificates.  Mr. Bjerkesett stated that the NHHI will
 administer the Section 8 Certificates.  Mayor Carstensen asked Mr.
 Bjerkesett how many employees, such as caretakers, will the NHHI have
 for the facility.  Mr. Bjerkesett stated there will only be one
 caretaker.  Mayor Carstensen stated that he has received many concerns
 from residents in this area about the parking, and this issue should be
 dealt with.  Mr. Bjerkesett stated that there will be a need for 12 to
 16 parking stalls.  Ms. Sheran asked what the income guidelines are to
 reside at this facility.  Mr. Bjerkesett stated he doesn't have that
 information with him this evening.  Mr. Bjerkesett stated that if the
 facility is not filled with handicapped individuals, then the next
 priority would be the elderly.
    Ms. Lofy asked why condition No. 2 of the conditional use permit
 was worded, "that a variance be secured from the requirement for 80
 parking stalls to allow the provision of only 20 parking stalls, and
 these parking stalls be for the exclusive use of handicapped residents." 
 Ms. Lofy stated that this is a contradiction to the fact that they may
 not need all those spaces and some could be used for visitor parking. 
 Mr. Bjerkesett referred Ms. Lofy to condition No. 1 of the variance
 which stated, "that all parking stalls shall have a minimum width of 12
 feet."  Mr. Bjerkesett stated that actually the parking stalls can be
 eight feet as two parking stalls can share a three or four foot transfer
 isle; this is an acceptable means, and it will limit the actual asphalt.
    Hearing no further testimony, Mayor Carstensen declared the public
 hearing closed.
    Ms. Lofy moved and Ms. Sheran seconded a motion to adopt a
 RESOLUTION TO DESIGNATE AND ESTABLISH A TAX INCREMENT FINANCING DISTRICT
 NO. 14 PURSUANT TO THE PROVISIONS OF SECTION 469.174 TO 469.179
 INCLUSIVE OF THE MINNESOTA STATUTES AND APPROVING A HOUSING AND
 REDEVELOPMENT TAX INCREMENT FINANCING PLAN FOR SAID HOUSING AND
 REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT.  With all members voting
 in favor, the Resolution was adopted.
    Ms. Lofy commented that there is a contradiction between the
 conditional use permit and the variance resolutions.  Mr. Bassett stated
 that the conditional use permit is based on the variance being granted. 
 Mr. Bassett stated that the issue is whether or not that the City
 require that there be 20 stalls to be used for handicapped residents. 
 Mr. Bassett suggested that condition No. 2 of the City Council Meeting -
 August 8, 1988
 Minutes - Page 201
 
 
 conditional use permit read, "that a variance be secured from the
 parking requirement."
    Ms. Sheran moved and Mr. Davis seconded a motion to adopt a
 RESOLUTION OF THE COUNCIL OF THE CITY OF MANKATO GRANTING A CONDITIONAL
 USE PERMIT FOR APARTMENTS LOCATED ABOVE THE GROUND FLOOR with the
 amendment to condition No. 2 of the Resolution which reads, "that a
 variance be secured from the parking requirement".  With all members
 voting in favor, the amended Resolution was adopted.  
    Ms. Sheran asked what the usual width of a parking stall is.  Mr.
 Bjerkesett stated that usually eight or nine feet is the width, and 10
 of the 20 stalls are showing the shared plan on the site plan which
 means that 10 spaces would be 12' and 10 spaces would be 9'.  Mayor
 Carstensen stated that he personally is concerned with condition No. 3
 of the variance, and he stated that this is one issue the Council should
 deal with.  Ms. Lofy stated that staff should assure neighbors that
 adequate off-street parking is being provided for this facility, and Ms.
 Lofy suggested that staff (HRA), HUD, and Mr. Bjerkesett hold a meeting
 to discuss the wording of condition No. 3 of the variance so the City
 will be protected.  Ms. Lofy asked Mr. Bjerkesett if he is sure that
 this wording is unacceptable to HUD.  Mr. Bjerkesett replied that he is
 sure.  Mr. Bjerkesett stated that if the building gets foreclosed, HUD
 wants the option to take the building over, and HUD would accept a deed
 restriction that good faith efforts would be made by NHHI to keep this
 facility only for physically handicapped individuals, and the next
 priority would be for the elderly.  
    Mark Leiferman, 320 Jamaica Drive, appeared before the Council to
 state that NHHI currently owns two facilities such as the one proposed
 in the Minneapolis area, and those facilities fill up in a hurry, and
 they stay full.
    Mr. Bassett questioned why there is a reluctance on HUD's part. 
 Mr. Bjerkesett stated that HUD doesn't understand the development of
 handicapped housing.  Mayor Carstensen stated that he is in favor of the
 project, and it is for the good of the community; however, new language
 in the variance concerning the parking must be arrived which would be
 acceptable for both HUD and the City.
    Ms. Lofy moved and Mr. Just seconded a motion to table the
 Resolution of the Council of the City of Mankato Granting a Variance
 Under the Mankato Zoning Ordinance until August 22, 1988, and refer it
 back to staff.  With all members voting in favor, the motion carried.
 
                            PLANNING COMMISSION
 
 (8.1)  Mr. Bassett reported on a Resolution of the Council of the City
 of Mankato Granting a Conditional Use Permit for Land Alteration.  
    Mr. Davis moved and Ms. Sheran seconded a motion to adopt a
 RESOLUTION OF THE COUNCIL OF THE CITY OF MANKATO GRANTING A CONDITIONAL
 USE PERMIT FOR LAND ALTERATION.  With all members voting in favor, the
 Resolution was adopted.
 
 (8.2)  Mr. Bassett reported on the request of Carisch Theatres, 600 City
 Council Meeting - August 8, 1988
 Minutes - Page 202
 
 
 Summit Avenue, for Introduction of an Ordinance Rezoning Certain Real
 Property Located in the Southeast Quarter of the Southwest Quarter
 Section 31, T109N, R26W From an R-A Zoning District to a M-2 Zoning
 District, and set date of hearing for August 22, 1988.
    Ms. Lofy moved and Mr. Just seconded a motion to introduce an
 Ordinance Rezoning Certain Real Property Located in the Southeast
 Quarter of the Southwest Quarter Section 31, T109N, R26W, from an R-A
 Zoning District to a M-2 Zoning District, and set date of hearing for
 August 22, 1988.  With all members voting in favor, the motion carried.
 
 (8.3)  Mr. Bassett reported on the request of Celestine Hoffman for
 preliminary plat approval of part of NW 1/4, Section 16.  Mr. Bassett
 stated that this conceptual layout reflects an extension of Sunray
 Avenue making a connection between existing Sunray to the west and
 Sunray Avenue to the east, and the concept also portrays an extension of
 Kennedy Street, making a connection to Sunray, and an extension of Star
 Street making a connection of Sunray; therefore, providing that north-
 south connecting street segment between Madison Avenue and Main Street. 
 Mr. Bassett stated that the layout also reflects a proposed right-of-way
 for an extension of Belle Avenue coming from the west, through the
 Madison Avenue manufactured home lot and connecting through Star Street.
    Mr. Bassett stated that it was agreed that the City would not force
 Mrs. Hoffman to put these streets in until such time as development
 would occur, or the City determined that there was a need for the
 streets, and then the City would have to condemn for the anticipated
 right-of-way, and put the streets in.  Mr. Bassett stated that it was
 also agreed upon that assessments for such work, if done prior to Mrs.
 Hoffman proceeding with development, would be deferred on her property,
 and if Mrs. Hoffman would proceed, or another party would proceed with
 development of Mrs. Hoffman's property, then the streets would be
 installed and assessments to the property would be due and payable at
 that time.  Ms. Lofy questioned the term of "conceptual plat".  Mr.
 Bassett stated that a conceptual plat puts the owner on notice of
 constraints of the development of the property.
    Mr. Just moved and Mr. Davis seconded a motion to approve the
 preliminary plat of part of NW 1/4, Section 16 (Celestine Hoffman). 
 With all members voting in favor, the motion carried.
 
 (8.4)  Mr. Bassett reported on the request of Dave Coughlan, University
 Park No. 3, for preliminary plat approval of SW 1/4, Section 20.  Mr.
 Bassett stated that issues involving a permanent holding pond have been
 resolved.  Mr. Bassett stated that the preliminary plat includes a one-
 half right-of-way dedication for Monks Avenue on the west, an east-west
 connecting roadway between Monks and Pohl Road, and a north-south
 roadway at the east side of Phase III.  Mr. Bassett stated that
 currently a shelter exists within the park, and the capacity of that
 shelter was calculated by the City on a basis of seven square feet per
 individual occupancy.  Mr. Bassett stated that according to that
 calculation, the existing facility would handle the City Council Meeting
 - August 8, 1988
 Minutes - Page 203
 
 
 occupancy of Phases I and II; however, the Department of Administration
 Rules indicate a calculation of their standards for storm shelter
 occupancy as a minimum of four square feet per person, and based on
 these standards, the existing shelter would be capable of handling
 occupancy in a severe storm situation by residents of the 18 additional
 pads that are proposed.  
    Mr. Dave Coughlan, University Park, appeared before the Council to
 state that Phase III consists of 100 pads, however, he is proposing to
 build only 18 of those pads right away.  Mr. Coughlan requested that the
 Council approve a plumbing permit for the water and sewer for the 18
 pads as they would like to begin construction.  Mr. Coughlan stated that
 he realizes permits are issued only on approval of the final plat.  Mr.
 Bassett stated that he is unsure if a plumbing permit can be issued on a
 preliminary plat.  Mr. Coughlan stated that the utilities are going to
 be private.  Ms. Lofy stated that the Council can not give him an answer
 this evening whether a plumbing permit can be issued as the Council is
 unsure of what the laws are.  Mr. Bassett stated that Mr. Freeberg,
 building inspector, issues conditional permits, and he will consult Mr.
 Freeberg concerning this.  
    Ms. Lofy moved and Ms. Sheran seconded a motion to approve the
 preliminary plat of SW 1/4, Section 20 (Dave Coughlan, University Park
 No. 3).  With all members voting in favor, the motion carried.
 
 (8.5)  Mr. Bassett reported on a Resolution Approving Final Plat of
 Layman and Van Eman Subdivision (Fair Street between Kennedy Street and
 Thro Avenue, Robert Layman and Celestine Hoffman).  Mr. Bassett stated
 that there will be an extension of Fair Street as part of this plat, but
 an extension of Sunray would come about upon development of Mrs.
 Hoffman's property to the north.
    Mr. Just moved and Mr. Davis seconded a motion to adopt a
 RESOLUTION APPROVING FINAL PLAT OF LAYMAN AND VAN EMAN SUBDIVISION. 
 With all members voting in favor, the Resolution was adopted.
    Mr. Bassett stated that the Planning Commission is recommending to
 have sidewalks be included in this Resolution on Kennedy and Fair Street
 within the subdivision as the City sidewalk plan calls for it.  Ms.
 Sheran moved and Ms. Lofy moved to amend the RESOLUTION APPROVING FINAL
 PLAT OF LAYMAN AND VAN EMAN SUBDIVISION to include sidewalks.  With all
 members voting in favor, the amendment to the Resolution was adopted.
 
 (8.6)  Mr. Bassett reported on an introduction of an Ordinance Changing
 the Names of Franklin Street, and Apache Boulevard in the City of
 Mankato to Adams Street, and set date of hearing for August 22, 1988. 
 Mayor Carstensen asked Mr. Bassett if a neighborhood hearing has been
 held concerning the name changes.  Mr. Bassett stated that the Planning
 Commission held a hearing, and two people appeared in favor of the name
 change.  
    Mr. Davis moved and Ms. Lofy seconded a motion to introduce an
 Ordinance Changing the Names of Franklin Street, and Apache Boulevard in
 the City of Mankato to Adams Street, and set date of hearing for August
 22, 1988.  With all members voting in favor, the motion carried.
 
 City Council Meeting - August 8, 1988
 Minutes - Page 204
 
 
                             VARIANCE REQUESTS
 
 (9.1)  Mr. Bassett stated that this is the date for a hearing on a
 variance request of Wayne Eller, 111 James Avenue, for a variance to
 reduce the off street parking requirement from four to three spaces in
 order to develop an apartment.  Mr. Bassett stated that the owner is
 withdrawing from this request as he has obtained a fourth parking space
 off-site.
    Ms. Sheran moved and Mr. Just seconded a motion to deny the
 Resolution of the Council of the City of Mankato Granting a Variance
 Under the Mankato Zoning Ordinance for Mr. Wayne Eller, 111 James
 Avenue.  With all members voting in favor, the motion carried.
 
 (9.2)  Mr. Bassett stated that this is the date for a hearing on a
 variance request of James Louwagie, 200 Cameo Lane, for a variance to
 reduce the rear yard setback to 19 feet for the purpose of building a
 deck.  Mr. Bassett stated that a hearing was held on July 29, 1988, and
 no one appeared in opposition to this request.
    Mayor Carstensen opened the public hearing for public testimony.
    With no one appearing before the Council to give testimony, Mayor
 Carstensen declared the public hearing closed.
    Ms. Lofy moved and Mr. Davis seconded a motion to adopt a
 RESOLUTION OF THE COUNCIL OF THE CITY OF MANKATO GRANTING A VARIANCE
 UNDER THE MANKATO ZONING ORDINANCE (James Louwagie).  With all members
 voting in favor, the Resolution was adopted.
 
 (9.3)  Mr. Bassett reported on setting a date of hearing for August 22,
 1988, at request of Michael Smith, Crown Hill Lane, for a variance to
 reduce the front yard setback to seven feet for the purpose of building
 a house.
    Mr. Davis moved and Mr. Just seconded a motion to set a date of
 hearing for August 22, 1988, at request of Michael Smith, Crown Hill
 Lane, for a variance to reduce the front yard setback to seven feet for
 the purpose of building a house.  With all members voting in favor, the
 motion carried.
 
                                 ORDINANCE
 
 (10.1)  Mr. Bassett stated that this is the date of hearing for an
 Ordinance Amending Section 2.42 of the City Code to Create a Subd. 2.5.
 Relating to Leaves of Absence (Human Rights Commission).  
    Mayor Carstensen opened the public hearing for public testimony.
    With no one appearing before the Council to give testimony, Mayor
 Carstensen declared the public hearing closed.
    Mr. Just asked Mr. Bassett how this proposed ordinance relates to
 other City committees.  Mr. Bassett stated that this is the only
 ordinance for City committees regarding leaves of absences, however, it
 is the request of the Human Rights Commission.  Mr. Just asked if there
 are other committees that have abused this.  Ms. Lofy commented that
 this is a larger committee than a lot of the other City committees. 
 Mayor Carstensen commented that the Human Rights Commission also City
 Council Meeting - August 8, 1988
 Minutes - Page 205
 
 
 has a required training program for its members.
    Mr. Just moved and Ms. Sheran seconded a motion to adopt an
 ORDINANCE AMENDING SECTION 2.42 OF THE CITY CODE TO CREATE A SUBD. 2.5
 RELATING TO LEAVES OF ABSENCE.  With all members voting in favor, the
 Ordinance was adopted.
 
                                 LICENSES
 
 (11.1)  Mr. Bassett reported on the renewal of a charitable gambling
 license application of American Legion Post 11 Auxiliary, 222 E Walnut
 St.
    Mr. Davis moved and Ms. Lofy seconded a motion to approve the
 renewal of a charitable gambling license application of American Legion
 Post 11 Auxiliary, 222 E Walnut St.  With all members voting in favor,
 the motion carried.
 
 (11.2)  Mr. Bassett reported on the review of a rental license at 229
 Center Street.  Mr. Bassett stated that the Council has received the
 Notice of Intent to Revoke Dwelling Unit Rental License, copies of the
 police reports, and a copy of a letter and stipulation agreement from
 the City Attorney to Mr. Steven Wilson.  Mr. Bassett stated that Mr.
 Wilson has agreed to this stipulation agreement, and the agreement is
 consistent with other stipulation agreements for rental property within
 the City.  Mr. Bassett stated that the agreement includes the provision
 that a deposit of not less than $450 be required of the renters to
 insure compliance with the terms of the lease, and the City can suspend
 the dwelling unit rental license for the apartment for a period of 30
 days, and the suspension will be stayed for a period of 12 months.
    Ms. Lofy moved and Ms. Sheran seconded a motion to adopt a
 RESOLUTION APPROVING STIPULATION WITH STEVEN WILSON REGARDING 229 CLARK
 STREET.  With all members voting in favor, the Resolution was adopted.
 
 (11.3)  Mr. Bassett reported on the review of a rental license at 202
 Pleasant Street.  Mr. Bassett stated that the landlord's attorney is
 requesting to have the review of this rental license be continued until
 August 22, 1988 as the property is going to be sold.
    Ms. Lofy moved and Mr. Just seconded a motion to continue the
 review of a rental license at 202 Pleasant Street until August 22, 1988. 
 With all members voting in favor, the motion carried.
 
                                ADJOURNMENT
 
    Mayor Carstensen stated that a special workshop session meeting of
 the City Council will be held on August 15, 1988, 7:00 p.m. for the
 purpose of discussing the Harmony proposal and the Liquor Laws Task
 Force.
    Mayor Carstensen declared the meeting adjourned at 9:08 p.m.
 
 
 City Council Meeting - August 8, 1988
 Minutes - Page 206
 
 
                             Minutes Approved.
 
 
                             _____________________________________
                                 Vernon K. Carstensen, Mayor
 
 
 ATTEST:
 
 
 ___________________________________
       Sandra R. Paulson
    Secretary of the Council
 
                    MINUTES OF THE MANKATO CITY COUNCIL


For more information about the City Council, contact the City Clerk at 507-387-8607 or e-mail to clerk@City.Mankato.MN.US

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