Home / City Council / Council Minutes

Printable Version
 

A Meeting of the Mankato City Council was held on August 11, 2008, at 7 p.m. with Mayor John D. Brady presiding. Council Members Charlie Hurd, Mark Frost, Mike Laven, Tamra Rovney, and Vance Stuehrenberg were present. Council Member Jack Considine was excused. Also present were City Manager Patrick Hentges, City Engineer Ken Saffert, Community Development Director Paul Vogel, Planning Coordinator Mark Konz, City Attorney Eileen Wells, and City Clerk Cheryl Lindquist. Following roll call, the Pledge of Allegiance to Our Flag was given.

 

(2.1) Mayor Brady requested any changes or additions to the agenda. Mr. Hurd moved and Mr. Frost seconded a motion to approve the agenda. The motion carried unanimously.

(3.1) Mayor Brady requested any changes or additions to the Minutes from Regular Meeting of July 28, 2008. Mr. Frost moved and Mr. Stuehrenberg seconded a motion to approve the minutes. The motion carried unanimously.

 

(4.1) No one spoke at the first public open forum.

 

Mayor Brady requested any changes to the Consent Calendar. Mr. Hurd moved and Mr. Frost seconded a motion to approve the Consent Calendar. The motion carried unanimously and the following items were approved:

(5.1) Motion approving application for temporary inclusion of non-enclosed premise for Busties, Inc., DBA Busters, 1325 Madison Avenue, Mankato, on August 30, 2008.

(5.2) Resolution Appointing Election Judges for 2008 Primary and General Election.

(5.3) Resolution Authorizing the City Manager to enter into Intergovernmental Agreement for Joint Construction of Fiber Optical  Network with Blue Earth County and Scott County. 

(5.4) Resolution Authorizing City Manager to Negotiate and Execute Ground Lease with Hickory Tech Corporation – 1315 Stadium Road.

(5.5) Resolution Approving Final Plat of Eastwood Industrial Centre No. 6. By Request of R.W. Carlstrom.

(5.6) Resolution Approving Final Plat of Cedar Meadows Apartments No. 2 Subdivision. By Request of Mark Kiecker. 

(5.7) Rejection of bids on Project No. 08007, reconstruction of Second Street from Plum Street to Main Street.

(5.8) Motion to approve design change, realignment of centerline to maintain south curb line, on Project No. 07070, West Ninth Street reconstruction.

(5.9) Resolution Authorizing City Manager to Submit Draft Agreement between the City of Madison Lake and City of Mankato to the MPCA for Review, Comment and Input.

(5.10) Resolution ordering preparation of report and calling for hearing (August 25, 2008), without petition, for Improvement No. 08036, Resurfacing, median construction, and selected replacement of curb and gutter and sidewalk, on Madison Avenue from Riverfront Drive to Seventh Street.

(5.11) Resolution approving bid for Gillig 700-class heavy duty bus.

(5.12) Motion approving bids on Project No. 45113, Riverfront Park.

(5.13) Motion approving bids on Project No. 06080, Sibley Parkway Phase 2A.

 

(5.14) Resolution Ordering Preparation of Report, and Calling for Hearing on Improvement No. 08049, placement of the final lift of bituminous surfacing on Tanager Road, Red Tail Court, and Goldfinch Court in Wings Over White Oak Second Addition.

(5.15) Motion to approve the purchase of replacement vehicles and equipment.

(6.1) Mayor Brady continued the project feasibility hearing from the July 28th city council meeting on Critical Links Sidewalk Project No. 08011, at the end of Southview Drive to the West Mankato Trail.

 

Laura Conn, 24 Southview Drive, asked who would clear the trail during the winter months and asked if the sidewalk would be ADA accessible. Mr. Hentges replied that since it would become part of the trail system, the city would maintain it (as opposed to a traditional sidewalk which homeowners maintain). Ms. Conn also asked if the sidewalk would be ADA accessible, for the estimated cost of the project and if the power pole would have to be relocated. Mr. Hentges it would be ADA accessible and responded that the estimated cost is approximately $3,000-$4000. Ms. Conn stated she opposed the project and stated it was not a wise investment. Ms. Conn also stated that crossing from across Carney from Gwyn to Southview Drive is unsafe and asked the city to look into some type of crosswalk/signage there. Ms. Conn also asked several questions relating to the timetable of the project if ordered, and suggested that the City keep area residents informed. Mr. Hentges responded that, if ordered, the project would begin in September 2008 and last approximately one week.

 

Mr. Saffert clarified portion of the trail off west 11th will be ADA accessible, however the slope down to the trail directly off west 11th does not meet “ADA slope guidelines. Mr. Saffert described that to access the trail, another option would be to continue down to Tile Street to Moreland and access the trail from that direction.  

 

Gordon Larson, 29 Southview Drive, stated that he has lived in the neighborhood for over 40 years and uses the trail every day. Mr. Larson stated that it is safer for kids to use the trail than walking on Carney Avenue. Mr. Larson also stated that paving it would make it easier to maintain it for walking in the spring. Mr. Larson stated that the trail is wheelchair accessible. Mr. Larson also stated that he agrees with Alison Troldahl that striping the public walkway from the street to the trail would be helpful.

 

Mr. Hentges noted that the sidewalk plan calls for a sidewalk to be installed on the west side of Carney Avenue due to the larger boulevard and setbacks. Mr. Saffert clarified that the sidewalk map actually shows a sidewalk on the east side of Carney Avenue from Moreland south to the city limits and a sidewalk on the west side of Carney Avenue from Moreland to the north.    

 

Alison Troldahl, 38 Southview Drive, commented on the safety and privacy issues. Ms. Troldahl stated that if the sidewalk were installed, it would extend around the back of her yard and would increase traffic. Ms. Troldahl stated she was concerned about hitting kids coming off the trail and there have been many close calls in her driveway. Ms. Troldahl also asked if the power pole would have to be relocated, if any trees would be lost, and questioned whether a wheelchair could adequately fit on the trail. Ms. Troldahl suggested that the city also maintain the trail.

 

Mr. Saffert replied that the power pole would stay in its current location, and that the sidewalk would go around it. Mr. Saffert stated that there would be no loss of trees.

 

Mr. Stuehrenberg asked Ms. Troldahl what the consensus was of the neighborhood regarding the project. Ms. Troldahl replied that her general feeling was that most did not care one way or the other.

 

Mr. Saffert clarified that originally he thought there was an easement for the portion which connects the street to the trail, but later determined that the city owns the property.

 

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

 

 

Mr. Frost stated that he believes this is a critical link sidewalk and was concerned that children use this trail rather than walking or riding bikes on Carney Avenue.

 

Mr. Hurd stated that he felt it was a good project and links the neighborhoods together.

 

Mr. Stuehrenberg stated that he is “torn” on the issue and can relate to what Ms. Troldahl communicated. Mr. Stuehrenberg stated that he had hoped there was a clear consensus from the neighborhood on the project.

 

Mr. Laven stated that he would not support the project and stated that he doesn’t remember a project similar to this one. Mr. Laven felt the city did not manage the project well.

 

Ms. Rovney stated that she will support the motion and stated there were similar projects like this in other areas of the City.

 

Mayor Brady stated that he visited the site and has a number of concerns. Mr. Brady stated that he was concern that with only a four (4) foot wide sidewalk, it would be too small to accommodate bikers and walkers. Mayor Brady also stated that there was a narrow access from the trail to the street and stated that he felt it would not increase safety and preferred to vacate it.   

 

With Council Members Hurd, Frost, and Rovney voting for the motion and Council Members Laven, Stuehrenberg, and Mayor Brady voting against, the motion failed.   

(6.2) Mr. Hentges stated that this was an estimated assessment hearing on Improvement No. 06080, reconstruction of Patterson Street (Sibley Parkway Phase 2A) from Dewey Street to 300 east of Lamm Street.

City Engineer Ken Saffert gave an overview of the two-block long project and stated that construction would consist of replacing the sanitary sewer and water mains, storm drainage system will be upgraded to meet the master plan and perforated drains will be constructed under the curb and gutter. The street will be 28 feet wide with no parking allowed.

An objection to the assessment was received by the council from Louis Boben, owner of Land to Air Express, 434 Patterson.

 

Mr. Laven inquired about the development east of Patterson and asked why it was not included with this project. Mr. Saffert replied that particular portion is under a separate development agreement because it involves signalization changes on Riverfront Drive and other issues relating to the Salvation Army and Subway sites.  

 

Mr. Laven asked if the benefit to these properties was identified prior to that development project. Mr. Hentges stated that the standard assessment rate applies to these properties and the properties related to the realignment of the intersection will be assessed. Mr. Hentges explained that the project will be done as a second piece because the final alignment of the road is dependent on the redevelopment project and involves deeding the property over to the city. Mr. Hentges further stated that if the redevelopment project does not occur, the city will still have to reconstruct the intersection near Riverfront Drive to the Mankato Refrigeration vicinity. The final phase will extend the street near Mound Avenue which involves vacant, undeveloped property. 

 

Lyn Pengelly, 420 Patterson Avenue, representing Crislyn Corporation, spoke out against the project and said It would be a major hardship for them as they are a small business. Ms Pengelly also stated that the project will affect the privacy of therapy sessions for their business. Ms. Pengelly stated that their assessment would be $9,821 if the project proceeded. Ms. Pengelly also commented on the lower property taxes being paid by surrounding properties. Ms. Pengelly stated that if the project proceeded, they would need provisions for handicapped residents to access their business. 

 

Mayor Brady commented that he has seen before where underused portions of older properties within the city are redeveloped resulting in higher taxes and higher market values and asked if there is any relief available.

 

Mr. Hentges responded that the property owners need to determine the value of the project against the increased market value and determine there is no negative impact to the property. Mr. Hentges further stated that the assessment rate is not any different than if the city were assessing a residential street and that there is no higher rate because it’s a commercial district. Mr. Hentges added that in this particular case, it was also a large parcel. 

 

Mr. Saffert added that with some of the assessments in this project, the property owners requested wider driveways; water and sewer service upgrades and that property owners were informed that the parking areas will need to be paved and striped in conjunction with the reconstruction project.

 

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

 

Mr. Laven moved and Mr. Hurd seconded a motion to adopt the Resolution Adopting Assessment for Improvement No. 06080, reconstruction of Patterson Street from Dewey Street to 300 east of Lamm Street. The motion carried unanimously.

(6.3) Planning Coordinator Mark Konz presented the Resolution Denying Variance request to reduce the required side yard setback from 6 feet to 3.5 feet at 153 James Avenue. By request of Joseph Meixl.

Mr. Konz explained that the applicant is seeking to wrap the deck around the southwest portion of the building and would be attached to the second story of the building and cantilever over the setback line. In order to construct the proposed deck, a variance is required to reduce the required side yard setback from 6 feet to 3.5 feet.

 

Mr. Konz explained that staff finds that the applicant has not demonstrated undue hardship, due to the ability to construct a deck of similar size and design without need for a variance or encroachment into the required 6-foot side yard; concerns raised by neighboring property owners indicate that granting of the variance may be detrimental to other existing uses in the area; the lot configuration was platted by the current owner; the house design/footprint was selected by the current property owner and thus the hardship is self created; the building was constructed at the location on the site plan submitted with the building permit application; and the deck was not depicted on the site plan and the owner was informed of the restrictions associated with setbacks should a deck be constructed.

 

Mayor Brady opened the public hearing:

 

Nick Zuehlke, 155 James Avenue, stated he would be directly affected by the variance and stated he has had numerous issues with Mr. Meixl during the construction of the home. Mr. Zuehlke stated that Mr. Meixl has other options available.

 

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

 

Mr. Hurd moved and Mr. Stuehrenberg seconded a motion to adopt the Resolution of the City Council Denying a Variance under the Mankato Zoning Ordinance.

 

The motion carried unanimously.

 

(6.4) Mr. Hentges introduced the Resolution Granting Variance request to reduce the required corner-side yard setback from 15 feet to 0.75 feet. (225 Madison Avenue, 824 North Broad Street, 826 North Broad Street). By request of Kent Bauer.

 

Planning Coordinator Mark Konz stated the applicant is proposing a two-phased development of the properties. Phase One involves demolishing the two existing residential structures, located at 824 and 826 North Broad Street, to provide parking for a proposed 40’ x 60’ mixed use building that will occupy a portion of 225 Madison Avenue and 826 North Broad Street. The new building will be a combination of office and residential uses.  Phase Two would include the demolition of the existing building occupying 225 Madison Avenue and the construction of a new 1,400 square foot structure, which is intended to be used for commercial and/or office uses.

 

Mr. Konz stated that staff finds that the proposal would allow for the development of the site in accordance with the stated purpose of the GT, Gateway Overlay District, to promote high quality design in the city’s commercial district; granting the variance will not be detrimental to other uses already permitted, the positioning of the building will not increase the degree of non-conformance on the site; the proposed use is in harmony with the general and specific purposes of the city code, comprehensive planning policies, and objectives of the City; the proposal includes the removal of two marginal residential structures improving the public health and safety of the neighborhood.

 

Mr. Konz stated that staff is recommending approval of the variance subject to the condition that the applicant shall examine the feasibility of moving or eliminating the existing power pole located nearby to the alley; applicant shall coordinate with City staff in ensuring that the alley approach is reconstructed to conforming grades, and the applicant shall abandon utilization of the parking areas within the Madison Avenue right of way and submit a landscaping plan to the Director of Community Development.

 

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

 

Mr. Stuehrenberg asked if the project would bring any structures closer to Madison Avenue. Mr. Konz stated that it the buildings would not be any closer to Madison Avenue than what is there now.

 

Mr. Stuehrenberg moved and Mr. Frost seconded a motion to approve the Resolution of the City Council Granting a Variance under the Mankato Zoning Ordinance. The motion carried unanimously.  

(6.5) Planning Coordinator Mark Konz presented the Ordinance rezoning property from T, Transition, to B-2 General Business District, Government Lot 8, Section 36, Township 109 North, Range 26 west (51612 U.S. Highway 169 – located behind Happy Chef North). By request of Nathan Nelson.

 

Mr. Konz stated that the property was annexed in 2007 due to the need to connect to city service and that all properties annexed into the City are originally  designated as T-Transition until a request to change the zoning occurs. The Land Use Plan designates this area for commercial purposes and is currently being used for a limousine taxi service business.

 

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

 

Mr. Frost moved and Mr. Stuehrenberg seconded a motion to adopt the Ordinance Rezoning Certain Real Property Located in the City of Mankato from T, Transition District to B-2, General Business District. The motion carried unanimously.  

(7.1) Mr. Hentges gave an overview of the City Center Renaissance Traffic Improvements and Changes. Mr. Hentges stated that approximately 18 months ago, a charge of the City Center Renaissance Planning Task Force was formed to address bottlenecks, drivability and traffic calming issues of the downtown.  

 

Mr. Hentges first stated that only one bid was received for Mulberry and 2nd Street intersection construction which was substantially over budget and recommended rejection of the bid and authorization to re-bid the project.

 

Mr. Hentges also explained that the conversion of Van Brunt and Pleasant Street from one ways to two ways will be underway this fall.

 

Mr. Hentges further described the overlaying and rehab of Madison Avenue, 2nd Street to 7th, including closing the median at Broad Street, removing signal at Broad Street and filling in the median is likely to begin this fall as well. Signal modification for safety and double turn lanes at Riverfront and Madison Avenue are proposed for 2009.

 

Mr. Hentges also discussed the extension of 2nd street at Veteran’s Memorial Bridge is a critical component prior to the conversion of Broad and 4th Streets from one ways to two ways.

 

Mr. Hentges stated that the information was provided as an update to the council and the city will continue to keep them and the public informed. Mr. Hentges did request a formal motion to reject the bids for Mulberry and 2nd Street intersection (Project No. 08007 – reconnect Second Street between Plum Street and main Street to allow through traffic on Second Street).

 

Mr. Frost moved and Mr. Laven seconded a motion to reject the bids and authorization to re-bid the project. The motion carried unanimously.

(8.1) The Planning Commission Meeting Minutes from July 30, 2008 were accepted without discussion. 

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

(9.1) Environmental Committee Meeting, August 20, 2008, 4:00 p.m., Minnesota Valley Room.

(9.2) City of Mankato/Blue Earth County Intergovernmental Committee Meeting, August 21, 2008, 7:00 a.m., Holiday Inn.

(9.3) Regular City Council Meeting (followed by Budget Work Session), August 25, 2008, 6:00 p.m., Minnesota River Room.

(9.4) Airport Commission Meeting, August 26, 2008, 7:00 a.m., Mankato Regional Airport.

(9.5) Planning Commission Meeting, August 27, 2008, 6:30 p.m., Minnesota River Room.

(9.6) Multi-Modal Transportation Committee Meeting, September 2, 2008, 4:30 p.m., Minnesota Valley Room.

(9.7) Regular City Council Meeting, September 8, 2008, 7:00 p.m., Minnesota River Room.

 

Christy Schuck, 730 S. Broad Street, spoke of her support for Riverfront Park and stated that she has participated in the Downtown Renaissance and Envision 2020 Task Forces. Ms. Schuck stated that the Riverfront Park is a key component for the Downtown Renaissance.  

 

 

________________________________ 

 John D. Brady, Mayor

 

ATTEST:

 

 

_____________________________

Cheryl S. Lindquist, CMC

City Clerk