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A Regular Meeting of the Mankato City Council was conducted on February 8, 2010, with Mayor John Brady pressing. Council Members Vance Stuehrenberg, Charlie Hurd, Jack Considine, Mark Frost, Mike Laven, and Tamra Rovney were present. Also present were City Manager Patrick Hentges, Assistant City Manager Tanya Ange, City Attorney Eileen Wells, City Engineer Jeff Johnson, Community Development Director Paul Vogel, Public Works Director Mark Knoff, Finance Director Daniel Scott, Public Safety Director Jerry Huettl, Information Technology Director Doug Storm, and Deputy Director Environmental Services Mary Fralish, Civic Center Representative Burt Lyman, and City Clerk Cheryl Lindquist. Following roll call, the Pledge of Allegiance to Our Flag was given.

Mayor Brady requested any changes to the Agenda. Mr. Frost moved and Mr. Considine seconded a motion to approve the agenda less item 8.1 (postponed to the February 22, 2010 meeting per the landlord’s request). The motion carried unanimously. 

Mr. Stuehrenberg moved and Mr. Considine seconded a motion to approve the minutes from Regular Meeting of January 11, 2010 and Emergency Meeting of January 25, 2010. The motion carried unanimously.

No one spoke.

Mayor Brady requested any changes to the Consent Calendar. Mr. Considine requested to remove 5.8 and Mr. Frost requested to remove 5.12 for further discussion. Mr. Frost moved and Mr. Stuehrenberg seconded a motion to approve the balance of the consent calendar. The motion carried unanimously and the following items were approved:

(5.1) Motion to Waive Park Permit Fees for the American Cancer Society’s Relay for Life Event at Ray Erlandson Park on July 15 & 16, 2010.

(5.2) Motion approving Off-Sale Intoxicating Liquor License for Walgreens Co., 602 S. Front Street, Mankato (former Snyder Drug Store location).

(5.3) Motion to Affirm Hearing Examiner’s Findings of Fact and Conclusions of Law in Steve Horner’s Appeal of Potentially Dangerous Dog Determination. 

(5.4) Motion to approve the purchase of replacement vehicle for Public Safety.

(5.5) Motion approving transfer of $75,000 non-primary entitlement funds from Mankato to St. James per March 19, 2008 Memorandum of Understanding.

(5.6) Resolution Approving 2009 Pay Equity Implementation Report.

(5.7) Resolution directing parking control: Install “No Parking” on both sides along 6th Avenue from Pine Street to a point 200 feet north.

(5.9) Resolution Granting Conditional Use Permit to Allow Emergency Shelter in the B-1, Community Business District – 191 North Victory Drive.  By Request of Partners for Affordable Housing.

(5.10) Resolution Approving Registered Land Survey No. 165 – 2500 9th Avenue.  By Request of Larson Development, LLC.

(5.11) Resolution Approving Final Plat of Wings Over White Oak No. 3; and Resolution Granting an Amendment to a Planned Unit Development – Wings Over White Oak.  By Request of Meridian Land Company.

(5.8) Mr. Considine questioned the amount of parking available in the Miller Motor’s lot that is being used by the various surrounding establishments (specifically Savoy Restaurant, Red Sky and the proposed CUP for the proposed Pita Pit) to meet their parking requirements. Mr. Considine stated that he is concerned about the lack of parking in the downtown area.

Community Development Director Paul Vogel stated the applicant is required to have approximately 30 parking stalls for all the uses of his property and has acquired a lease with Miller Motors and also pays for 8 stalls which are leased via the downtown parking assessment district. Mr. Vogel added that there are approximately 24 stalls in the municipal lot on the same block. Mr. Vogel also described the ½ parking stall credit available in the Central Business District – Fringe.

Mr. Vogel explained that the requirements for parking vary depending on the hours of demand as well as if it is a restaurant without liquor; the number is based on the number of seats. If it is an establishment that serves liquor, the number of parking stalls is based on the establishment’s occupancy as calculated by the fire marshal/building inspector. Mr. Vogel described that not all the establishments have the same hours of demand. Mr. Vogel stated that he could provide a breakdown of the number of parking stalls in this area as well as the required number of stalls for the various establishments.

Mr. Hurd asked if the parking plan for the proposed CUP conforms to the city code for the downtown area. Mr. Vogel replied yes.  Mr. Hurd also referenced the two parking ramps within one to two blocks from this area.

Mr. Stuehrenberg moved and Mr. Hurd seconded a motion to adopt the Resolution Granting Conditional Use Permit to Allow Restaurant in the Central Business District, Fringe at 530 South Front Street by Request of Kyle Smith. The motion carried unanimously.   

(5.12) Mr. Frost asked to be recused from any discussion and vote on the Resolution Calling for Public Hearing (on March 8, 2010) for the Proposed Establishment of Municipal Development District No. 37 and Tax Increment Financing District No. 37-1 and the Proposed Adoption of a Development District and Tax Increment Financing Plan Relating Thereto (HECO Building) as he is related to one of partners of this project. Mr. Laven moved and Mr. Stuehrenberg seconded a motion to recuse Mr. Frost. Mr. Laven moved and Mr. Stuehrenberg seconded a motion to adopt the Resolution Calling for Public Hearing (on March 8, 2010) for the Proposed Establishment of Municipal Development District No. 37 and Tax Increment Financing District No. 37-1 and the Proposed Adoption of a Development District and Tax Increment Financing Plan Relating Thereto (HECO Building). With members Stuehrenberg, Hurd, Considine, Laven, Rovney, and Mayor Brady voting in favor, the Resolution was adopted.

(6.1) Mr. Hentges introduced the Resolution Granting a Conditional Use to Allow a Use in Excess of 10,000 Square Feet and Resolution Denying Variance under Chapter 10 of the Mankato City Code – 1600 Block Monks Avenue.  By Request of Velmeir Companies on behalf of CVS Pharmacy.

Community Development Director Paul Vogel stated that the site is currently occupied by Jakes Pizza, the former Maggie’s Restaurant, and a strip mall. The proposal would demolish those building and construct a CVS Pharmacy in excess of 10,000 square feet with an associated drive-thru. The proposal also includes 109 parking stalls (55 required) that would be located along the southern, eastern, and northern portions of the site with the drive-thru located at the northwest corner of the building.

Mr. Vogel also explained that a variance is being requested to reduce the required 20-foot transitional rear yard setback of the property to three feet. The transitional yard is required due to the proximity of the site to the neighboring residential area to the north by the applicant to allow 17 additional hardsurfaced parking stalls along the northern property line. The Planning Commission discussed the variance at length and included in their motion a recommendation to deny the variance because the number of parking stalls already exceeds what is required and because of the lack of a demonstrated hardship. If the variance is denied, the plan can be revised to remove the stalls, reflect the transitional yard and still proceed to development.

Mayor Brady opened the public hearing. There being no one wishing to speak, Mayor Brady closed the public hearing.

(6.2) City Engineer Jeff Johnson stated this was a Project feasibility hearing on Improvement No. 10080, reconstruction of West Second Street from Carney Avenue to east end at Railroad and sanitary sewer replacement in Rogers Street from West Second Street to Mound Avenue.

Mr. Johnson stated that the project will install new sanitary sewer and water main pipes; a portion of the storm drainage system will be installed as well as construction of curb and gutter and subsurface tile lines. The street width will be 30 feet wide between Carney and Sibley and 26 feet east of Sibley.

Mayor Brady opened the public hearing. There being no one wishing to speak, Mayor Brady closed the public hearing.

Mr. Stuehrenberg moved and Mr. Frost seconded a motion to adopt the Resolution Ordering Improvement No. 10080, approving plans and specifications, ordering advertisement for bids and declaring intent to bond the improvement and Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Improvement No. 10080. The motion carried unanimously.

(6.3) Mr. Hentges stated this was an estimated assessment hearing on Improvement No. 10081, Oak Knoll, Phase 2: Reconstruction of Oak Knoll Boulevard from Park View to Dell; of Dell Avenue from Oak Knoll to Eginton; on Eginton Road from Ridgewood to Sunset; and on Shadywood Drive from Oak Knoll to Ridgewood.

Mr. Hentges stated the project will install new sanitary sewer and water main pipes and a higher capacity storm drainage system. Street width and parking arrangements will remain as is. Mr. Hentges stated that the assessed cost is $75 per front footage less a $1.16 per foot frontage credit for curb and gutter that was fully assessed in 1982 on Oak Knoll Boulevard from Park View Avenue to Dell Avenue; this reconstruction project is within the 30 year life expectancy of the curb and gutter.  

Mayor Brady opened the public hearing. There being no one wishing to speak, Mayor Brady closed the public hearing.

Ms. Rovney moved and Mr. Frost seconded a motion to approve the Resolution Adopting Assessment for Improvement No. 10081. The motion carried unanimously

 (6.4) Mr. Hentges stated this was an estimated assessment hearing on Improvement No. 07057, reconstruction of Marsh Street from Dane Street to Extension Street. Mr. Hentges stated this project has been in the CIP for several years due to the lack of proper storm drainage. A higher capacity system will be constructed to include catch basins with larger opening at each intersection. In addition, replacement of sanitary sewer, water mains, utility service pipes within the right of way, curb and gutter, and a bituminous street maintain the existing width and parking arrangements. New sidewalk construction is scheduled on the north side between Guenther Street and Long Street to tie into the existing walk from Dane to Guenther.

Mayor Brady opened the public hearing. There being no one wishing to speak, Mayor Brady closed the public hearing.

Mr. Stuehrenberg moved and Mr. Frost seconded a motion to approve the Resolution Adopting Assessment for Improvement No. 07057.   The motion carried unanimously.

(6.5) Mr. Hentges introduced the Ordinance Amending Section 3.04 and 3.72 of the Mankato City Code relating to Municipal Utilities and Resolution Amending the Fee Schedule to include Late and NSF fees and Utility Billing Option Incentives. Mr. Hentges stated that the proposed ordinance relates to meter readings, shut-offs and past due accounts as well as require utility bills to be in the name of the property owner. In addition, the ordinance also addresses temporary service interruption at the owner’s request, abandoned service, and financial responsibility of lines. The purpose of the ordinance will streamline service delivery and build capacity within service areas.

Council Member Stuehrenberg asked the city attorney if a landlord can change a lease if there is a change in the law. City Attorney Eileen Wells responded that it would depend if the lease has a clause in it that would allow changes to leases with proper written notice. Ms. Wells added that more than likely, landlords could accomplish an amendment to a lease. Mr. Hentges added that under the new ordinance, the city would not be forcing landlords to immediately change the name of the water bill from a current tenant’s to the property owner’s name and that would coincide whenever a request is made for an account holder change. 

Mayor Brady opened the public hearing:

Tom Paradis, 109 Victoria Blvd, asked if a landlord can turn the water off at a property if the renter does not pay the utility bill. The council replied yes.

There being no one else wishing to speak, Mayor Brady closed the public hearing.

Mr. Hurd moved and Mr. Stuehrenberg seconded motion to adopt the Resolution Amending the Fee Schedule to include Late and NSF fees and Utility Billing Option Incentives. The motion carried unanimously.

(7.1) Community Development Director Paul Vogel presented the Resolution Granting Conditional Use Permit to Allow Apartments in the Central Business District – Fringe; and Resolution Granting a Certificate of Design Compliance – 603 Second Street.  By Request of River Center Properties.

Mr. Vogel stated that the property is commonly known as the Cray Mansion and was the former home to the YWCA. Mr. Vogel stated that the property owner is requesting a CUP to allow apartment units in the annex building located at the rear of the property and under the current plan, would be converted to (2) five-bedroom apartments. In addition, the applicant plans to reestablish one three-bedroom apartment unit in the basement of the private residence and accessory home office space. The applicant has been in contact with the State Historic Preservation Office about the proposed exterior changes and has approval from the State.

Mr. Vogel also stated that the applicant is required to provide 8 off-street parking stalls. The applicant is providing 7 off-street parking stalls on site with 1 additional parking stall available at 520 South Second Street (also owned by the applicant).

Mr. Vogel discussed the occupancy standards for the Central Business District – Fringe and stated up to five unrelated individuals could potentially live in each apartment (occupancy based on building code standards).

Mayor Brady opened the public hearing. There being no one else wishing to speak, Mayor Brady closed the public hearing.

Mr. Stuehrenberg moved and Mr. Frost seconded a motion to adopt the Resolution Granting Conditional Use Permit to Allow Apartments in the Central Business District – Fringe and Resolution Granting a Certificate of Design Compliance – 603 Second Street. The motion carried unanimously.

 

(8.1) The review of Rental License at 525 E. Hickory Street was postponed to February 22, 2010 (as noted with the approval of the agenda).

(9.1) Mr. Hentges presented the Resolution Supporting the Statewide Freight and Passenger Rail Plan. Mr. Hentges outlined that the 2008 session of the Minnesota Legislature mandated that Mn/DOT prepare and submit a comprehensive Statewide Freight and Passenger Rail Plan. The plan will provide guidance for rail initiatives and investments in the state, and will be included in the State Transportation Plan upon completion. The plan is required to be eligible for federal funding.

The plan addresses a core intercity passenger rail service between Chicago and the Twin Cities, in cooperation with the Mid-West Regional Rail Initiative and connections for Duluth and Rochester. It also includes fast passenger rail services to St. Cloud/Moorhead, Mankato and Eau Claire.

Mr. Hentges stated that the study is a great start for moving freight more efficiently and the critical point will be in five or ten years.

Mr. Considine asked if there was a mechanism in place for public comments. Mr. Hentges replied that there have already been a public comment period however; MATAPS (and the city’s Multi-Modal committee) has rail elements as a priority and an open house is scheduled for February 22 to review transportation planning.

Mr. Hurd added that Mark Halverson and Ken Saffert have been involved in the process and that it has been advantageous for Mankato to have been well represented.

Mayor Brady opened the floor for anyone wishing to speak to this item. There was no one present to speak at this item.

(9.2) Mr. Hentges gave a presentation to the Council on City of Mankato Service Level changes in response to the direct effect of reducing the budget by approximately 3 million dollars.

Mr. Hentges gave an overview of the reduction in LGA over the past several years and explained how that affected the general fund. Mr. Hentges outlined the reductions in service levels and how they affected public works (i.e. reduction in mowing operations by 10%, reduction in hanging planters, reduced operating hours at Elk Nature Center and Tourtellotte Pool, snow emergencies called more frequently, leaf pick up reduced to 4 week period, etc). Mr. Hentges further described reductions in engineering (not filling staff vacancies, deferring construction of one major project, prioritize customer service requests with a 48-72 hour response time, etc.) and public safety (reduction of responses to medical calls as Gold Cross is the primary ALS provider, fire volunteers will be called out by shift page whenever a larger response than on-duty full-time staff, reduction of foot patrols in downtown, etc.).

Mr. Hentges also gave service level reductions relating to the civic center, community development and administrative services.

Mayor Brady thanked Mr. Hentges for the update and appreciated the creativity and cost cutting ideas presented.

(9.3) Mr. Hentges provided information regarding the preparation and submission of legislative appropriations requests for fiscal year 2011.

Mr. Hentges described the two projects under consideration which include:

$4,931,000 for Madison Avenue Corridor Improvements, particularly along Madison Avenue between North 7th Street and CSAH 12 to position the city to serve the multi-modal transportation needs of a growing regional center in southern Minnesota. Improvements would include pavement and median rehabilitation, installation of energy efficient lighting, right turn/transit lands, transit access points, multiuse trail, and multilane roundabout.

$1,359,200 for Mankato Railroad Corridor Mitigation Plan – at-grade railroad crossing on 3rd Avenue. The project would include grade separation including new bridge construction, installation of security fencing, sound abatement wall, landscaping and multi-use trail.

Mr. Hentges noted that letters are being prepared to send to Senator Klobuchar, Senator Al Franken and Congressman Tim Walz.

Mr. Considine moved and Mr. Stuehrenberg seconded a motion to prepare and submit legislative appropriation request for fiscal year 2011. The motion carried unanimously.

(10.1 – 10.3) The Multi-Modal Meeting Minutes from January 5, 2010; Planning Commission Meeting Minutes from January 27, 2010; and Multi-Modal Meeting Minutes from February 2, 2010 were accepted without discussion.

Mayor Brady reminded the City Council Member of the following, upcoming meetings:

(11.1) City Circle Advisory Meeting, February 9, 2010, 6 p.m., Blue Earth River Room.

(11.2) Regular City Council Meeting, February 22, 2010, 6 p.m., Minnesota River Room (followed by Council Work Session, Blue Earth River Room).

(11.3) Airport Commission Meeting, February 23, 2010, 7:00 a.m., Mankato Regional Airport.

(11.4) Council Work Session, March 1, 2010, 6 p.m., Blue Earth River Room.

 

No one spoke at the second public open forum.